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Said Trainee shall be referred by the City of Santa Ana W/O/R/K Center. Training must <br />significantly raise the Trainee from his/her prior position in both level of skill and salary <br />by the end of the training period. <br />Fundins. CITY shall reimburse the EMPLOYER an amount not to exceed $3,643.50 in <br />accordance with the Cost Computation included in Exhibit A. EMPLOYER shall bill the <br />CITY monthly on an invoice provided by CITY for actual and reasonable cost for <br />providing the services described in this Agreement. Reimbursement of EMPLOYER <br />under this Agreement shall be limited to the costs incurred during the basic work week, <br />excluding overtime and any paid holidays or sick leave. <br />4. Subcontracting Prohibited. The EMPLOYER shall not subcontract or assign the OJT <br />Training. Any attempt by the EMPLOYER to delegate or assign OJT training duties <br />under this Agreement shall void, and permit CITY to immediately terminate, this <br />Agreement. <br />Employer Oblieations. During the training, the EMPLOYER shall ensure that the <br />Trainee: <br />a. is on the EMPLOYER'S payroll, not paid as a contracted employee/independent <br />contractor; and, <br />b. receives the same benefits as EMPLOYER'S other employees performing similar <br />work; and, <br />is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld <br />and reported; and, <br />d. is provided Worker's Compensation Insurance coverage, pursuant to state law; <br />and, <br />e. is provided by EMPLOYER with safety instructions and equipment necessary for <br />reasonable protection against injury and damage. CONTRACTOR shall maintain <br />appropriate standards for health and safety in work and training situations. Where special <br />clothing or equipment is provided to the EMPLOYER'S regular employees, EMPLOYER <br />shall provide the same type of clothing or equipment to the Trainee performing similar <br />work. <br />6. Emoloyment of Trainee. The EMPLOYER shall employ the Trainee as a regular <br />member of EMPLOYER'S work force. If EMPLOYER wants to continue to employ the <br />Trainee upon the successful completion of the training period under this Agreement, said <br />employment shall be subject to the same conditions of employment applied to <br />EMPLOYER'S other regular employees, including termination for unsatisfactory <br />performance. <br />2