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Agreement No. CUSTOMIZED TRAINING AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT is made and entered into this 6th day of December, 2010 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY ") and Tenacore Holdings Inc. (hereinafter "EMPLOYER "). WITNESSETH Recitals: A. CITY has been designated a Local Workforce Investment Area ( "LWIA ") pursuant to Section 116 of the Workforce Investment Act ( "WIA "), P.L. 105 -220, 29 USC Section 2801, to receive federal funds to promote effective delivery of job training services to local area residents. B. The State of California has created the California Workforce Investment Board pursuant to Section 111 of the Workforce Investment Act, P.L. 105 -220, 29 USC 2821 to administer the WIA programs operated by the State of California. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare eligible unskilled youth, adults, dislocated workers, and incumbent workers for entry into the labor market, and to provide job training to those individuals who face serious barriers in obtaining productive employment ( "said Program "). Such programs include customized training programs. D. Pursuant to Section 101(8) of the Workforce Investment Act, "customized training" means training: (i) that is designed to meet the special requirements of an employer (including a group of employers); (ii) that is conducted with a commitment by the employer to employ, or in the case of incumbent workers, continue to employ, an individual on successful completion of the training; and (iii) for which the employer pays for not less than 50 percent of the cost of the training. E. The Department of Labor granted California a waiver of the required 50 percent employer contribution. This waiver has been granted through June 30, 2011.. Under this waiver, the following sliding scale is permitted: (1) no less than a 10 percent match for employers with 50 or fewer employees; (2) no less than a 25 percent match for employers with 51 — 250 employees; and (3) no less than a 50 percent match for employers with more than 250 employees. F. Pursuant to 20 CFR Part 663.705 customized training for employed workers must relate to the introduction of new technologies, introduction to new production or service procedures, upgrading to new jobs that require addition al skills, workplace literacy, or other appropriate purposes identified by the Local Board. 25H -3