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COAST COMPOSITES, INC. 1 -2012
N-2012-082 ? Zio9 Agreement No. Ii?SURANCE ON FIL"E ?._ CpA ?Z?. - WORK MAY PROCEED ?Ca ??I ?1t7 UNTIL INSURANCE EXPIRES ON-T E -JOB TRAINING AGREEMENT 3 - 3/- /3 arIDER THE WORKFORCE INVESTMENT ACT CLERK OF COUN lL ?r?JUL 1 ? 'LD12 1 HIS AGREEMENT is made and entered into this 31st day of MaV 2012 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 Coast Composites, Inc. (hereinafter "EMPLOYER"). W I T N E S S E T H Recitals A. CITY has been designated a Local Workforce Investment Area ("LWIA") pursuant to Section 1 16 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 11 1 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 and dislocated 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"). D. EMPLOYER is able and willing to train eligible unskilled applicants for entry into the labor market and is willing to operate said program pursuant to the WIA and applicable federal, state and local laws. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1 . Term. The effective term of this Agreement is for the period beginning Monday, June 4, 2012, and ending November 2, 2012. The term of this Agreement may be extended upon agreement of all parties and execution of an amendment of the term. 2. Scope of Work. The EMPLOYER shall employ and train one employee (hereinafter "Trainee") in the occupation and in accordance with the OJT Training Outline set forth in Exhibit A, attached hereto and incorporated herein by this reference. Said Trainee shall be referred by the City of Santa Ana W/O/R/K Center. Training must significantly raise the Trainee from his/her prior position in both level of skill and salary by the end of the training period. 3. Fundine. CITY shall reimburse the EMPLOYER an amount not to exceed $ 11, 440.00 in accordance with the Cost Computation included in Exhibits A 1 and A2. EMPLOYER shall bill the CITY monthly on an invoice provided by CITY for actual and reasonable cost for providing the services described in this Agreement. Reimbursement of EMPLOYER under this Agreement shall be limited to the costs incurred during the basic work week, excluding overtime and any paid holidays or sick leave. 1 12/09 4. Subcontractine Prohibited. The EMPLOYER shall not subcontract or assign the OJT Training. Any attempt by the EMPLOYER to delegate or assign OJT training duties under this Agreement shall void, and permit CITY to immediately terminate, this Agreement. 5. Emnlover Obligations. During the training, the EMPLOYER shall ensure that the Trainee: a. is on the EMPLOYER'S payroll, not paid as a contracted employee/independent contractor; and, b. receives the same benefits as EMPLOYER'S other employees performing similar work; and, c. is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld and reported; and, d. is provided Worker's Compensation Insurance coverage, pursuant to state law; and, e. is provided by EMPLOYER with safety instructions and equipment necessary for reasonable protection against injury and damage. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. Where special clothing or equipment is provided to the EMPLOYER'S regular employees, EMPLOYER shall provide the same type of clothing or equipment to the Trainee performing similar work. 6. Employment of Trainee. The EMPLOYER shall employ the Trainee as a regular member of EMPLOYER'S work force. If EMPLOYER wants to continue to employ the Trainee upon the successful completion of the training period under this Agreement, said employment shall be subject to the same conditions of employment applied to EMPLOYER'S other regular employees, including termination for unsatisfactory performance. 7. Patent. Copyrights and Rights in Data. The EMPLOYER will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by EMPLOYER. Upon written request, EMPLOYER will transfer all pertinent information, specifications and right, title and interest to the designated agency. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy). B. Copyright Policy. 2 12/09 1. Unless otherwise provided in the terms of the grant or agreement, when copyright-able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The EMPLOYER and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a EMPLOYER purchases ownership with grant support; and (c) EMPLOYER shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 9. Hold Harmless. The EMPLOYER shall indemnify, defend and hold harmless CITY, and its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall indemnify, defend and hold harmless CITY, and its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not limited to, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omissions of EMPLOYER, its employees, agents or subcontractors. 1 O. Insurance. The EMPLOYER shall obtain at its sole cost and file with the City of Santa Ana -Santa Ana W/O/R/K Center, upon execution of this Agreement, and maintain for the period covered by this Agreement, a policy or policies of commercial general liability insurance or a certificate of such insurance, satisfactory to the City Attorney of CITY, naming CITY, and its officers, agents and employees, as insured or additional insured (see attached Additional Insured Endorsement, Exhibit C), which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of EMPLOYER, and its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in no less than One Million Dollars ($1,000,000). Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage or of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to CITY. EMPLOYER shall give to CITY prompt and timely notice of claims made or suit instituted against said policy. EMPLOYER shall procure and maintain at its own costs and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection. 11. Record Keevin>?. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of EMPLOYER' S activities, performance, books, documents, papers, and records of EMPLOYER'S subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of EMPLOYER aze kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event EMPLOYER does not make the above-referenced documents available within the City of Santa Ana, California, EMPLOYER agrees to pay all necessary and reasonable expenses incurred by izioy CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of EMPLOYER and all documents related to this Agreement shall be kept available at the location where EMPLOYER conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 12. Government Funding. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the same Fiscal Year as for this Program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or any statute enacted by Congress which may affect the provision, terms or funding of this Agreement in any manner. 13. Payment Cap. City's OJT payments to EMPLOYER shall not exceed a maximum of fifty percent (50%) of the wages paid by EMPLOYER during the training period specified in Exhibit A. 14. Amendment of Agreement. No alteration or variation of the terms of this Agreement shall be valid and/or binding unless made in writing and signed by both parties. There are no oral understandings or agreements between the parties. 15. Breach/Sanctions. If, through any cause, EMPLOYER violates any of the terms and conditions of this Agreement, or if EMPLOYER reports inaccurately or if any Audit Report makes disallowances, EMPLOYER shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of EMPLOYER's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as EMPLOYER fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice EMPLOYER has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to EMPLOYER of such termination in accordance the notice provision in Paragraph XVIII herein below. 16. Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. However, the CITY may immediately terminate this Agreement at such time as funds are not made available to CITY through the United States Department of Labor or the State of California Employment Development Department for the purpose of carrying out this Agreement. 17. Independent Contractor. The EMPLOYER, and any agents and employees of the EMPLOYER, in the performance of this Agreement, shall act in an independent capacity as independent contractors and not as officers, employees, or agents of the CITY. This Agreement is not intended nor shall it be construed to create an employer-employee relationship between EMPLOYER and CITY, nor a joint venture relationship. The EMPLOYER shall not subcontract in the name of the CITY. 18. Equal Employment Opportunities. The EMPLOYER warrants that it will comply with Title VI of the Civil Rights Act of 1964, and the requirements relating to equal employment opportunities set forth in Executive Order No. 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 4 izio9 CFR Part 60. EMPLOYER will also comply with all applicable federal and state laws and regulations, and particularly those assurances and certifications set forth in Exhibit B attached hereto and by this reference incorporated herein. 19. Prohibitions. The EMPLOYER shall not use any of the training funds provided under this Agreement for political or sectarian activities. 20. Grievance Procedure. The EMPLOYER shall continue to operate, or shall establish and maintain a grievance or complaint handling procedure relevant to the terms and conditions of employment and the EMPLOYER'S activities and programs, which shall meet at a minimum the requirements set forth in Section 1 O 1(3 1) of the Act and 663.700-71 O and regulations promulgated by the State or Federal Government. Employers that do not have a grievance or complaint handling procedure shall use the procedures prescribed by the CITY. 21. Guidelines. The CITY shall make the WIA applicable federal regulations and policy guidelines available to EMPLOYER at CITY - W/O/R/K Center, 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, California 92701. The CITY shall also inform the EMPLOYER of changes in the WIA regulations or policy guidelines if such changes affect the operation of this Agreement. 22. Drug Free Workplace. The EMPLOYER agrees to provide a drug-free work place and to execute a certification as set forth in Exhibit D attached hereto and incorporated herein by this reference. 23. Notices. All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States mail, postage prepaid, addressed as follows: CITY: City of Santa Ana -Santa Ana W/O/R/K Center 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 Attention: WORK Center Director EMPLOYER: Marv Ma?allon Coast Composites. Inc. 1395 S. Lyon St. Santa Ana, CA 92705 24. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 29 CRF Parts 97.35 and 98.510. EMPLOYER must review and sign Exhibit E "Debarment", which is attached hereto and incorporated herein by this reference. ? zio9 24. Mercer. This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. 25. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 26. Miscellaneous Provisions. a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. i zio9 written IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above ATTEST: ?i.q Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Lisa Storck Assistant City Attorney ? `. By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: ?}"1 ?n ? a?? ?x-cG?aO Nancy T. E ards, Interim Executive Director Community Development Agency CITY OF SANTA ANA -. Paul Walters Interim City Manager EMPLOYER: Coast Composites, Inc. Name: Mary Magallon Title: Human Resources Manager Federal Tax ID#: 7 1-0950 1 39 State Tax ID#: 229-3890-6 7 Agreement # Exhibit A-1 TRAINING PLAN I. GENERAL 1 . Name of OJT Employer: Coast Composites, Inc. 2. Address of OJT Work-site: 1395 S. Lyon St.. Santa Ana, CA 92705 3. Phone Number: 949.455.0665 ext. 194 4. Training Supervisor: Mary Magallon 5. Name of OJT Trainee: Sarah Shorb 6. Application Number of Trainee: N/A 7. Proportion of trainees/employees: (at time Agreement entered into) a. Total number of employer's regular employees 285 c. Cumulative number of trainees currently in OJT O II. OCCUPATION AND ON-THE-JOB TRAINING OUTLINE: 1. Program: DOL-TECH 2. Occupation/Product or Service: Human Resources Administrator 3. Length of Time in Business: 24 years 4. ONET Code: 43-4161.00 SVP Level?6.0 to < 7.0) 5. Hourly Starting Wage: $15.00 Start Date: 6/4/12 End Date: 11/2/12 Hours 880 or Days or Weeks 6. State and Federal Tax I.D.: State: 229-3890-6 Federal: 7 1-0950 1 3 9 7. Basic Work Week Hours: 40 8. Outline of On-the-Job Training Plan and Method of Assessment: 1 ELEMENTS OF TRAINING HOURS OF TRAINING 1. Will be trained to provide quality HR compliance support, Safety Administration as assigned and Sales Support Services to the Estimating Department. a. Will be Begins to develop a current knowledge of HR Laws, Regulations 240 and Safety Compliance. b. Will be trained to Keeps abreast of new developments in the HR and Safety field. c. Will be instructed on Developing a working knowledge of HR information databases and searchable resources. d. Will be required to Understand HR confidentiality and how to represent the HR department while supporting our `Internal customers' and the Sales Department. Measurement Method. Q 8C A, task observation and inspection. Goal is to achieve rate of proficiency within first Month and a half of training. 2. a. Responsible for providing sales support services to the estimating department to include admin support, analysis of quotes and research as assigned. b. Prepare Word, Excel and PowerPoint documents and training material 220 per instructions and direction c. Will shown how to Assist in Recruiting efforts as assigned to include interviewing, Prepare offer letters and new hire packets as assigned d. Will be trained to prepare Word, Excel and PowerPoint documents and training material per instructions and direction, prepare offer letters and new hire packets as assigned and Perform New Employee Orientation as assigned to include the safety orientation. Measurement Method: Q 8[ A, task observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. 3. a. Will be trained to act as a liaison between the HR Team, b. Will be taught how to post new positions on various websites including Monster.com, CareerBuilder.com, craigslist.org, college career sites as assigned, to sort incoming resumes/applications and logs them into 220 appropriate Applicant Tracking System c. Will learn to complete and mail out regret letters, coordinate candidate interviews, drug screens, physicals as assigned d. Will be trained to Assist HR Manager with verification of employment, references as directed. Measurement Method: Q 8i A task observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. ELEMENTS OF TRAINING HOURS OF TRAINING 4. a. Will be trained to Properly handle employee requests through responsiveness, follow-up, and escalation. b. Communicate your availability through voice mail greetings and email 200 out-of-office assistant. c. Prioritize activities for the best interest of the team when working on joint projects. d. Handle employee requests and deliver quality solutions if able, or escalate the request to the HR Manager. Measurement Method: Q 8c A task observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. RATING LEVELS: Measurement method: how will it be determined if OJT participant acquired the skill? Q&cA, observation, product review/inspection, etc. PROFICIENT MODERATE II. COST COMPUTATION Example: Hourly Reimbursement at 50% $7.50 _ $ 6.600.00 MARGINAL Hours 880 cost Per Trainee III. Person(s) authorized to sign payment invoices for EMPLOYER: 0? ? ?n Print ame Print Name Signature Signature ?1-1' 1_ , M A i(- Title Title ?3i??2 Date Date 3 Agreement # Exhibit A-2 I. GENERAL TRAINING PLAN 1 . Name of OJT Employer: Coast Comnosites, Inc. 2. Address of OJT Work-site: 1395 S. Lvon St.. Santa Ana, CA 92705 3. Phone Number: 949.455.0665 ext. 194 4. Training Supervisor: Marv Maeallon 5. Name of OJT Trainee: Oscar Revnaea 6. Application Number of Trainee: N/A 7. Proportion of trainees/employees: (at time Agreement entered into) a. Total number of employer's regular employees 285 c. Cumulative number of trainees currently in OJT O II. OCCUPATION AND ON-THE-JOB TRAINING OUTLINE: 1. Program: DOL-TECH 2. Occupation/Product or Service: Production Control Clerk 3. Length of Time in Business: 24 years 4. ONET Code: 43-5 5. Hourly Starting Wage: Start Date: 6/4/12 Hours 880 6. State and Federal Tax I.D.: 7. Basic Work Week Hours: 061.00 SVP Level (4.0 to < 6.0) $11.00 End Date: 1 1 /2/ 12 or Days or Weeks State: 229-3 890-6 Federal: 7 1-0950 1 3 9 40 8. Outline of On-the-Job Training Plan and Method of Assessment: 1 ELEMENTS OF TRAINING HOURS OF TRAINING 1. Will be trained to support and interface with the manufacturing team and the purchasing department: a. Will be instructed on how to discuss material status and production planning issues. 220 b. Will be trained to maintain kit room and will be responsible for identifying and tagging each part and for providing job status c. Will be instructed on the responsibilities of ensuring the tools get in/out of the facility. Measurement Method: Q Si A, task observation and inspection. Goal is to achieve rate of proficiency within first Month and a half of training. 2. a. Will be trained to examine documents, materials, or products and monitor work processes to assess completeness, accuracy and conformance to standards and specifications. b. Will learn to review documents, such as production schedules and work 220 orders. c. Will be trained to confer with department supervisors or other personnel to assess progress and discuss needed changes. Measurement Method: Q 8z A, task observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. 3. a. Will learn to revise production schedules when required due to design changes, labor or material shortages, backlogs, or other interruptions, collaborating with management, production, or engineering. b. Will be taught to confer with personnel, vendors, or customers to coordinate 220 production or shipping activities and to resolve complaints or eliminate delays. c. Will be instructed on how to record production data, including volume produced, consumption of raw materials, or quality control measures. Measurement Method: Q & A task observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. 4. a. Will be trained on how to requisition and maintain inventories of materials or supplies necessary to meet production demands. b. Will be instructed on how to calculate figures, such as required amounts of 220 labor or materials, manufacturing costs, or wages, using pricing schedules, adding machines, calculators, or computers. c. Will learn to compile information, such as production rates and progress, materials inventories, materials used, or customer information, so that status reports can be completed. Measurement Method: Q & A task observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. RATING LEVELS: Measurement method: how will it be determined if OJT participant acquired the skill? QB?A, observation, product review/inspection, etc. PROFICIENT MODERATE MARGINAL II. COST COMPUTATION Example: Hourly Reimbursement at 50% $5.50 Hours 880 cost Per Trainee _ $ 4,840.00 III. Person(s) authorized to sign payment invoices for EMPLOYER: Print Name Signature Title Date Print Name Signature Title Date 3 ASSURANCES A. The EMPLOYER assures that: 1. It will comply with the requirements of the Workforce Investment Act (WIA), the California Unemployment Insurance Code, as amended, and the regulations and policies promulgated thereunder. 2. No OJT participant displaces a regular employee nor shall an OJT participant fill a position of a person who has been laid off from the same or similar position. 3. No current employees are receiving unemployment insurance benefits as a result of layoffs or work reductions. 4. No person in the United States shall on the grounds of race, color, sex, religion, national origin, age, disability, sexual orientation, or marital status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measure necessary to effectuate this Agreement. 5. It will comply with provisions of the Hatch Act, if applicable, which limits the political activities of employees. 6. Individuals receiving training on the job shall be compensated by the EMPLOYER at such rate, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary of Labor, but in no event at a rate less than that specified in Section 6 (a) (1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage law. 7. Services and activities provided under this Agreement will be administered by or under the supervision of the EMPLOYER. 8. No relative by blood, adoption or marriages of the EMPLOYER may be trained under this Agreement. 9. Appropriate standards for health and safety in work and training situations will be maintained. 7 0. Conditions of employment or training are appropriate and reasonable with regard to the type of work, the geographical region, and the proficiency of the trainee. 1 1. Training will not be for any occupation which requires less than six weeks of training according to the Specific Vocational Preparation Table (SVP Code). 12. Training will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment possibilities. 13. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants. 14. Training will be in accordance with the training plan, which plan incorporates documentation that must be completed by EMPLOYER before end of contract. 15. *Dot and **SVP code books will be used to determine length of OJT period. The training time EXHIBIT B may not be longer than the SVP Code allows; however, contractors are encouraged to negotiate shorter training periods whenever applicable. 16. OJT trainees shall not number more than 40% of the EMPLOYERS work force. 17. All EMPLOYER training payments (reimbursements) must be exclusive of any and all EMPLOYER fringe benefits, paid holidays, paid sick days and overtime compensation. 18. The participating EMPLOYER must keep an accurate and up-to-date time sheet for the OJT trainee. 19. Payroll records, time and attendance records and job duties retained on file by the participating EMPLOYER for each OJT trainee are subject to review. Service Provider Signature Print first Name Organ ation Name ?/ ?? Date L'/ / /clG9 ???G' rint Last Name ?3 ?5 c5' _ L yd n 5 ?- ?-r??/u Gl?i?e.,, ?'cc, Organization Address ?`J? EXHIBIT B Jam{?ice>?_ s?-Z _,?-?. Cllont#: 2b392 HAMPIND DATE (l.IhV DOJYYYY) sACOR®r., CERTIFICATE ®? LIABILITY INSURANCE 0 5/3 012 0 1 2 7HlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOE R. THIS CERTI FfCATE bOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLSCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 1SSUINO INSURER(S), AUTHORIZED REPRESENTATIVE OR PROPVCER, AND THE CERTIFICATE HOLDER. IMPORTANT: I( 11\a cerNlloale holder Is an ADDITIONAL INSURED, the policy(les) must bo endorsed. It SUBROGATION IS WAIV Eb, SLIbJecl to the term3 end con dltlons of the polloy, certain policies may require an endorsement. A statement on Ihls cerlillcate does not confor rlph(s to the certiticele holder In lieu of such ondorsomenl(s). PRODUCER CT € Wlllls of Now Jers ay, Ino, ? ? o , . ac No, > )`- 360 Mt. Kemble Avenue E-hl u. O° P.O.Box 7989 -?- IN9URER 9 AFFORDING COVERAGE NAIC tl Morristown, NJ 07882 INSVAERAr TwIrT Clty Flre Ins. Co. 29459 INSUAe° iNSVAER arAm071Can Zurich hTSUrance Co. d0i 42 Coast Composites Inc, INSDAERC: Zurich Arnerican Ins Co 70535 5/7 Burrough - n+sunEROJ Irvine, CA 92018 INSURER E INSURER F ! COVERAO ES CERTIFICATE NUfABER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO\Y HAVE BEEN ISSUED TO THE INSURED NA/.SED ABOVE FOR THE' POLICY PERIOD INDICATED. NOTWI7HSTANOIHO ANY REOUIREA{ENT. TERA1 Oft CONDITION OF ANY CONTRAOT OR OTHER DOCUh1ENT VJITH RESPECT TO WHICH THIS CERTIFICATE AfAY BE ISSVED OR I.(AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN !S SUBJECT TO ALL THE TERhI S, E XCLUSIONS AND CONDITIONS OP SUCH POLICIES. LIA{ITS SI(OWN h1AY HAVE BEEN RED VCED BY PAID CLAIhSS. ?J? g LTR TYPE OF O+$URAHCE O L BR pOLICY NU M.BER lAMIDD E MA fOD E P LIMITS A eEN ERA! LIA91LITY i3CESOA902i 3l3i/2072 03/3il2013 E A C 1 10 00 UR RENCE $i 000 000 X C0/.1111ERCIAL GENERAL L,A9ILITY E A,L 11 AA UU TT R Pli?l./ ES EaE arEirence _ 5300 OUD CLAN.13•LrAOE OX OCCUR LrED exP?Any orle person) $i 0 000 X B)/PD Doll: 5,000 PERSONALBADYINJUAY $1 OOO OOO _ GENERALAGOREOATE $2 OOO OOO GEN'L AGGREGATE LII.IR APPLIES PER: PROD VCTS-C0/.1PlOA AGO $2 OOO OOO POLICY FE00 LOC $ C AUT OMOaILEL1Aa1LITY BAP509588200 3/31/2012 03/31!201 _c hIBINEpe1N LELIV 1 000000 X ANY AUTO 90DILV INIUAY (Per persai) $ ALL OYlNEO AU70S SCIfEOULEO AVTOS BODILY INJURY (Pef accident) $ X HIRED AUTOS X NON-O\VNEO AUTOS PROPERTY Ar,rAGE Per ac Ida 1 $ $ VAIBRELLA LIAR OCCUR EACH OCCURRENCE - _ ___ 5 _ EXCESS LlAa CLAILI S-l.rADE ? - _ AGGREGATE ^ S OEO RETENTIO:J __ $ B \VORKE RS COMPENSATION ANO EMPLOYERS`LIA91L1TY WC609688i OO 3/3112012 03137!2013 X WC 9TATU- OTK• Y/r! ANy Pff??OppgqlEErrooRPARTNEILEXECVT/VE ? N! EL EACH ACCIDENT $1 OOO OOO OFFICERR.IEI.IBERE ED (eA andalory In NK) A E.L. Df$EASE-EA El.IPLOVEE 1 009009 )) ?ESCR<PTION OF OPERATIONS bN.ow E.L. DISEASE-POLICY LILIIT $1 ?D9 Q 9 yy ?'??, qq Y!t?=`1`J J. DESCnIPT10fl OF OPERATIONS/LOCATlON9lVEIIICCE9(Atlech ACORD 101, Adtlilional Remarks 9chedula, ll more space is requhed) ? ? _ i? EVIDENCE OF COVERAGE, ?j'??L? g-CpRCK J! ?1SA ?• ,ty pitorneY Assistant. C CERTIFICATE HOLDER CANCELLATION city of Santa Aria THE V EXPIRATIONH DATE V TH EREO(BE NOOf CIEI WIBLL aBE CDEL VE REDO R; Flnanoe & Mgmt Serviaea Agency ACC ORDAr(CE WITH THE POLICY PROVISIONS. Purchaefng DWlsfon 20 ClYlc Cantor Plaza M-16 AVYHORIZED REPRE$eHTATIVE P.O. Box 1988 r , n 19RR.?M R ?Cr]R QORPOR ATION. All rlnhls reserved- ACORb 25 2010!06 7 of 1 TIIO ACORO Hama and logo aro registered marks of ACORD #521 717/M 11386 H2:6 Exhibit C POLICY NUMBER: 13 ces on?ozl ?' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDlTIOMAIe. II?ISURED BY COh1T??CT ®(? AGREEMEiVT - OPTIOA! III This endorsement modifies Insurance provlded under ltte following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anlzatton s Designated Project(s) or Location(s) Of Covered O eratto ns The Gi ty oP Santa Ana, its o£Picers, employees, agatats and representative 20 Civic Center Plaza Santa Ana, CA 92701 Information re ulred to com late Ihls Schedule If rtot shown above will be shown in the Declarations. A, Section ll -Who Is An Insured Is amended to include as an additional Insured the person(s) or organlzallon(s) shown In the Schedule above with whom you agreed In a written contract or v?rlllen agreement fo provide Insurance such as Is afforded under this pellcy, but only to the extent that such person or organ}zatlon is liable for "bodily Injury", "property damage" ar "personal and adveitlslny tnJuiy" caused by your acts or omissions or tits acts or omissions of those acting on your behalL• 7. In the performance of your ongoing oparaltons for such addlltonal Ensured al iha project(s) or location(s) designated In the Schedule; 2. to connection v?ith your promises owned by or rented to you and shown in the Scltedute; or 3. In connection with "your work" for the addlltonal Insured at Ilse project(s) or Iooallon(s) designated In the Schedule and Included within the "products-completed oparaltons hazard", but only If: a. The written contracf or agreement requires you to provide such coverage to such addlltonal Insured al the project(s) or location(s) designated In the SchedVla; and b. This Coverage Part provides coverage for "bodily Injury" or "property damage" included within the "products-completed oparaltons hazard". B. The insurance afforded to these addlltonal Insureds applies only If the "bodily Injury" or "properly damage" occurs, or ttte "personal and advertising injury" offense Is committed: 'I. During the policy period; and 2, Subsequent lv the execution of such written contract or written agreement; and 3. Prior to Iha expiration of fhe period of Ilme That the written contract or written agreement requires such Insurance ba provlded to the addlltonal insured. Form HS 24 82 06 08 Page 7 of ? © 2008, The Hartford -? (Includes copyrighted material of Insurance Services Office, Inc. ?vilh Its permisston_) RS Tp ?`®? 1?P?.'R?'?JE7? __?---" LISA EG tYOAttotrrteY Exhibit C psslstant (? C D. E. Witlt respect to lire Insurance afforded io these additional Insureds under this endorsement, the following addltlonal exclusion applies: This lrtsurance does riot apply to "bodily Injury'", "properly damage" or "personal and advertising Injury" arising out of the rendering of or 11te failure to render any professional archlleciural, eng)neering or surveying services by or /or you, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opintone, reports, surveys, field orders, change orders, designs or specifications; and 2. Supervisory, Inspection, architectural or engineering actlvlites. How Limits Apply To Additional Insureds The most we will pay on behalf of life addittortai Insured shov?n lrt the Schedule Is the lesser of: 1. The limits of Insurance specified In the written contract or wrillen agreement; or 2. The Limits of Insurance shown In the Declarations. Such amount shall be a part of and not in addition to Llmlis of Insurance shown In the Declarations and tlescrlbed to this Section. Dulles Of Additional Insureds to Tha Event Of Occurrence, Offense, Ctalm Or Sult The Dulles Condlllon In Section IV -Conditions Is replaced by Cite following and applies to the additional insured shown In the Schedule: 1. Notice OF Occurrence Or Offenso The addllional Insured must sea to II that we era notified as soon as practicable of an "occurrence" or an offense witlclt may result In a cialrn. To fife exlenf possible, notice should include: a. Ho?v, when and where the "occurrence" or offense look place; b. The names and addresses of any Injured parsons and wlinesses; and c. The nature and locallon of any injury or damage artsing out of the "occurrence" or offense. 2. Notice Of Claim If a claim is made or "salt" is brought against the addillonal lnsurod, the addillonal insured muss: a. Immediately record Ilte specl/ics of the claim or "sail" and the dale received; and b. Not[fy us as soon as pracllcable. Tha addllional Insured must see to it that we receive wrillen notice of the claim or "salt" as soon as pracllcable. Page 2 of 3 Exhibit C 3. Assistance And Cooperation Of The Insured The additlonat Insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received In connection wilit the cfalm or "suit"; b. Authorize us io obtain records and other Information; c. Cooperate v?ith us In the invesltgallon or settlement of the claim or defense against the "suit"; and d. Assist us, upon our reyuesf, In the enforcement of any right against any person or ?organizalton which may be liable to the insured because of injury or damage to which this insurance may also apply. Q. Obllgattons At The Additional Insureds Own Cost No additional Insured will, except at That insured's o?vn_ cos?, volunlarity make a payment, assume any obllgat[on, or Incur any expense, other than for Ilrsl aid, without our consonl. b. Atldltional Insureds Other Insurance ff we cover a claim or "salt" under this Coverage Part that may also be covered by other Insurance available to fife additional Insured, such addillonal Insured must submit such claim or "suit" !o Iha outer Insurer for defense and indemni?y- However, this provision doss not apply to the extent that you have agtepd In a wrillen contract or wrillen agreement that this Insurance Is primary end non-contributory with the addltlonal Insured's own insurance. 6. Knowledgo Df Alt Occurrence, Offense, Claim OrSU[t Paragraphs ?. and 2. applies to the addltlonal Insured only when such "occurrence", offense, claim or "suit" Is knovm lo: a. The addllional insured that Is an Individual; b. Any partner, it Iha addllional Insured is a partnership; c. Any manager, If the addltlonal insured Is a limited Ilablltty company; d. Any "executive off[cer" or insurance manager, if Iha addillonal Insured Is a corporallon; e. Any trustee, ff the addlltortai Insured Is a trust; or rp pRNi .?yy t°a ?.?j?'?? Y182 82 OB OS ST ORGK LISA ?' 1tY Attorney Assistant C ?? _1 f. Any elected or appointed otflclal, If the additional insured fs a political subdivision or public entity. F. Otfter Insurance Willi respect to Insurance provided to the additional Insured shown In the Schedule, the Outer Insurance Condition Section IV - Condlllons Is replaced by 1lte following: 7. Prirnary Insurance a. Prirnary insurance When Required By Contract This insurance is primary if you have agreed In a written contract or written agreement chat this insurance ba primary. If other Insurance is aiso primary, we will share with all that other Insurance by the method described In 3, below. b. Prirnary And Non-Contributory To Other Insurance When Required By Contract If you have agreed In a written contract or written agreement that lhfs Insurance is primary and non-contributory wflh the addittonal insured's own Insurance, this insurance is primary and we will not seek conlribullon from Ihat other fnsurance. Paragraphs e. and b, do not apply to other Insurance to which the additional insured has been added as an addllfonal Insured or !o other insurance described In paragraph 2. below. 2. Excess Insurance Tttis fnsurance is excess aver any of the other Insurance, witelher primary, excess, contingent or on any other bests: a. Your Work That is Fire, Extended Coverage, Bulfdels Risk, Installation Risk or similar coverage for `your work"; b, Prernlsas Rented To You That Is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you 4vilh permission of the owner; c. Tenant Llablllfy That Is Insurance purchased by you to cover your Ilablliiy as a tenant for "property damage" to premises rented [o you or temporarily occupietl by you with permission of the owner; d. Alrcraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to Forr» HS 24 82 06 08 Exhibit C the extant not subJect to Excluslon g. of Section I -Coverage A -Bodily Injury Ahd Property Damage Liability; e. property Damage to Borrowed Equlpment Or Use Of Elevators If ilia loss arises out of "property damage" to borrowed equlpmeltl or the use of elevators to the extent not subJect to Excluslon J. of Seclfon 1 - Coverage A - Bodify Injury And Property Damage Liability; or f. When You Are Added As An Addltlanal Insured To Other Insurance Thal Is any other Insurance available to you covering Ilablifly for damages arising out of ilia premises or operattons, or products and completed operattons, for which you have been added as an addittonal insured by Thal Insurance. When this insurance is excess, we will have no duly under Coverages A or B to defend ilia Insured agatnst any "suit" If any other insurer has a duty to tlefentl the insured agatnst That "suit". I( no other Insurer defends, we will undertake to do so, but we wilt ba entitled to the insured's rights agatnst alt those other insurers. When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: a. The Total amoun! that all such other insurance would pay for the loss to the absence of this Insurance; and b. The total of al! deductible and self-insured amounts under all that other Insurance. We will share the remaining loss, If any, with any other Insurance Ihal is not described in this Excess fnsurance provision and vas not bought specifically to apply in excess of ilia Limits of Insurance shown In ilia Declarations of this Coverage Part. 3. Method Of Sharing If all of lira other Insurance permits conir[bulion by equal shares, we will follow This method also. Under this approach each insurer contributes equal arnounts until It has paid Its applicable Ilmll of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit conlribullon by equal shares, we wilt contribu[a by Ilmlls. Under this method, each insurer's share Is based on ilia ratio of Its applicable Ilmlt of Insurance to ilia total applicable Ilmlls of Insurance of ail Insurers. ?+(? FpgNi ?.?p?l?v?'? T}?e 3ZSf 3 ?" STORCK LISA EOity Attorney Assistant L ??f Certification Regarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing adrug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT D (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: ?S??;a- Program Operator EXHIBIT D DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: [_CLrs? C_v??o_s>,4°s, _Z.??JJ. Name of Contractor: CZ/'?? G1 G2 !v/) Contractor Number: /Chy ??'-?.?,? -- C3 (p J J 7 Date: ,???-?-// %? The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT D Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Re ig ster (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ?1 C??y N\c?? 1? o? ?nc? r-, Name and Title of Authorized ?la??j? Signature Date EXHIBIT E INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non- Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. On the J,LobT,?X CL XXing Agreement Checklist BUSINESS NAME: n? 571 w 1 ? LYQ? YES NO 1. Pre Award Survey `?( ? 2. OJT Agreement Template: Training dates (pg 1), reimbursement rate (pg 1), and I? ' ? ? maximum reimbursement amount (pg 4), and Employer Info (pg 5) match Exhibit 7 A-Training Plan. 3. Exhibit A: Training Plan 'Y.OJT's to employees do not exceed 1-5 ratio ? SVP Level is =- 3+ Hours of Training are reasonable Cost Computation is in accordance hourly wage 50% of wages or sliding scale based on number of employees per DOE waiver. ly Signed by Employer 4. Exhibit B: Assurances y? 5. Exhibit C: Insurance commercial/workers comp for 1,000,000 with Additional ?r ? Insured Endorsement naming City of Santa Ana as Additional Insured. 6. Exhibit D: Drug Free Workplace Form completed and signed. ? 7. Exhibit E: Debarment Certification signed. ? 8. File: Imo ? ADA Survey T EEO & Grievance Procedures 9. Three copies of agreement and canary routing slip attached ? Comments: Program Supervisor Date On the /Job T^ _r?aining Pre Award Survey BUSINESS NAME:?J?'?,?? 1?0??Yl/{?XU1-YN STATE TAX I.D. # vZ?Z? ? 3?? - ADDRESS: iz,6iti S - ?uoh s - ?! - Q?ISO/3 ?y???? FEDERAL TAX I.D. # GI YES NO 1. 's compensation coverage. The business does provide worke r p? ? / ? Policy Number: / ? ?i?i.Sf?g'?Q? / 2. The business does provide General Liability Insurance in the amount of 0/ ? One Million Dollars ($1,000,000). Policy must identify the City of Santa Ana as the certificate holder. 3. The system used for business accounting does document cash received, state and federal tax withholdings, FICA deductions. ?? ? 4. The business has not been cited for any health, safety, wage and hour, or child labor violations during the past 12 months. ?? ? 5. The business maintains a grievance and/or complaint handling procedures for ?/' ? employees. 6. The prospective OJT client is not a former employee of the business. B? ? 7. Wages for the planned OJT position are wages comparable to similar positions. ?/' ? 8. A written job description for this position is on file. Q/ ? 9. Union concurrence has been obtained. ? ?.1`/?- ? 10. Business license is current. ? ? 1 1 . The business has not had any employees laid off in the past 6 months. ?' ? 12. The business is financially stable and has the means to train and pay for the prospective OJT employee. ? The employer stipulates and agrees by signing below that the establishment in which on-the-job training will be given: (1) Has not been moved from any previous location less than 120 days prior to the effec tive date of the OJT contract. (2) Is not a branch, affiliate or subsidiary of a business entity in another location which has, at any time subsequent to the date of the OJT contract, relocated or expanded so as to cause an i ncrease in unemployment or the closing down of operations in which the entity conducts business operations. TOTAL WORKFORCE # ?? CONTRACT RECOMMENDED YES ? NO ? Comments: ?M?r X1 3 ? ??a_ Emp?oyer ` Title Date OJT Program Supervisor/Director 3t ?_ l?? t Date