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12/09 <br />Reimbursement of EMPLOYER under this Agreement shall be limited to the costs incurred during the <br />basic work week, excluding overtime and any paid holidays or sick leave. <br />4. Subcontracting Prohibited. The EMPLOYER shall not subcontract or assign the OJT Training. Any <br />attempt by the EMPLOYER to delegate or assign OJT training duties under this Agreement shall void, <br />and permit CITY to immediately terminate, this Agreement. <br />5. Emplover Obligations. During the training, the EMPLOYER shall ensure that the Trainee: <br />a. is on the EMPLOYER'S payroll, not paid as a contracted employee/independent contractor; and, <br />b. receives the same benefits as EMPLOYER'S other employees performing similar work; and, <br />c. is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld and reported; <br />and, <br />d. is provided Worker's Compensation Insurance coverage, pursuant to state law; and, <br />e. is provided by EMPLOYER with safety instructions and equipment necessary for reasonable <br />protection against injury and damage. CONTRACTOR shall maintain appropriate standards for health <br />and safety in work and training situations. Where special clothing or equipment is provided to the <br />EMPLOYER'S regular employees, EMPLOYER shall provide the same type of clothing or equipment to <br />the Trainee performing similar work. <br />6. Employment of Trainee. The EMPLOYER shall employ the Trainee as a regular member of <br />EMPLOYER'S work force. If EMPLOYER wants to continue to employ the Trainee upon the successful <br />completion of the training period under this Agreement, said employment shall be subject to the same <br />conditions of employment applied to EMPLOYER'S other regular employees, including termination for <br />unsatisfactory performance. <br />7. Patent, Copvriehts and Rights in Data. The EMPLOYER will disclose to the CITY any invention, <br />written product, computer program developed or data assembled as a result of performance of work under this <br />Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of <br />California, and U.S. Department of Labor will have the right to patent any invention and copyright any written <br />product or computer program or data generated by EMPLOYER. Upon written request, EMPLOYER will <br />transfer all pertinent information, specifications and right, title and interest to the designated agency. <br />INVENTIONS, PATENTS AND COPYRIGHTS. <br />A. Reporting Procedure. If any project produces patentable items, patent rights, <br />processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the <br />CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the <br />Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its <br />representative on these matters, the DOL shall determine whether to seek protection on the invention or <br />discovery. The DOL and its representative shall determine how the rights in the invention or discovery, <br />including rights under any patent issued thereon, will be allocated and administered in order to protect the <br />public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of <br />Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy). <br />2