On-The-Job Training (OJT) Agreement

his On-The-Job Training (“OJT”) Agreement (the “Agreement”) is between CareerSource Palm Beach County, whose legal name is CareerSource Plam Beach County (hereinafter referred to as “CSPBC”), and the employer listed above, (hereinafter referred to as “Employer”), [Employer Address] for the purpose of providing OJT services to eligible participants in accordance with the Workforce Innovation and Opportunity Act (“WIOA”). CSPBC and Employer may hereinafter be referred to collectively as the “Parties” and each individually as a “Party.” Both Parties agree to the terms and conditions set forth within this Agreement. The term of this Agreement commences on the agreement start date, or on the last date fully executed by both parties, whichever is later, and terminates on the agreement end date.

The Employer agrees not to commence OJT activities with a participant until after deciding on a
mutually agreed upon start date with CSPBC. An eligible participant shall not begin work/training
under the OJT assignment prior to all documents1 and processes being completed and executed
by the Parties and the participant, as applicable.

Occupation Eligibility

CSPBC must ensure that participants are placed in OJT for occupations that are in demand in
the local area, are appropriate for the program and included on the Targeted Occupations List
(TOL) or for an occupation for which the employer has requested OJT. Occupations or job types
that are not suitable for OJT are occupations that are:

1. Based on commission.
2. Seasonal in nature; or
3. Less than part-time.

 

This Agreement may be amended at any time if both Parties agree in writing by signing an
amendment to the Agreement. The agreement cannot extend beyond 12 months, except in
instances where it takes longer to learn the job, e.g., apprenticeships. The Parties must document
reasons for any OJT that takes longer than 12 months.

In instances where there is a Professional Employment Organization 2 (PEO) serving as the
employer of record for the OJT activity, the PEO and the Employer must communicate with each
other to ensure this agreement is carried out in accordance with the 12-month requirement and
exceptions based on the time required to do the work as noted in this section.

OJT DEFINITION

In accordance with the WIOA sec. 3 (44), the term “on-the-job training” means training by an
employer that is provided to a paid participant while engaged in productive work. This training
will:

1. Provide knowledge or skills essential to the full and adequate performance of the job;
2. Qualify for reimbursement to the employer of up to 50 percent (Note: in some circumstances, depending on the size of the employer, the reimbursement rate may go up to 75 percent) of the wage rate of the participant, for the extraordinary costs of providing the training and additional supervision related to the training.
3. The reimbursement rate for this Agreement is: ; and
4. Be limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.

OJT may be provided to eligible employed workers when:

1. The employee is not earning a self-sufficient wage or wages comparable to or higher than
   wages from previous employment, as determined by LWDB policy.
2. The requirements in 20 CFR 680.700 are met; and
3. The OJT relates to the introduction of new technologies, introduction to new production or
   service procedures, upgrading to new jobs that require additional skills, workplace literacy,
   or other appropriate purposes identified by the LWDB.

A. Compliance with the Law

1. Conditions of employment and training will be in full accordance with all applicable
   federal, state, and local laws and ordinances (including but not limited to labor and
   employment laws, environmental laws and health and safety laws).
2. Employer agrees to schedule the participant with a full-time scheduled number of work
   hours. Exceptions may include holidays, requested time off, or other granted leave
   time.
3. Employer agrees not to engage participants in sectarian activities or in the construction
   of sectarian facilities while participating in an OJT activity, as provided in WIOA
   section188(a)(3) and 20 CFR 683.255. Notwithstanding the foregoing, it is understood
   that Participants (WIOA or otherwise) involved in the manufacturing of components
   which may be used to construct sectarian facilities shall not be a violation of this
   provision.
4. Employer agrees that a participant may not be assigned to an activity or employed in
   a position if the employer has created the vacancy or terminated an existing employee
   without good cause in order to fill that position with a program participant.
5. Employer agrees that this program will not result in the displacement or reduction in
   hours of currently employed workers or impair existing agreements or contracts for
   services.
6. Employer agrees that the funds reimbursed from this Agreement shall not be used to
   directly or indirectly aid in the filling of a job opening which is vacant because the former
   occupant is on strike, is being locked out in the course of a labor dispute, or the filling of
   a job which is otherwise an issue in a labor dispute involving a work stoppage.
7. Employer agrees that funds will not be used to impair a collective bargaining
   agreement, and no activity that would be inconsistent with the terms of a collective
   bargaining agreement shall be undertaken without the written concurrence of the labor
   organization and Employer concerned.
8. Employer will not encourage or discourage union activities. If employees are
   unionized, this Agreement has been entered into with their concurrence. Funds
   provided to employers pursuant to this Agreement may not be used to directly or
   indirectly assist, promote (encourage) or deter (discourage) union organizing.
9. Employer agrees funds provided under this Agreement will not be used to fill position
   openings created by layoff, staff reduction, or company re-location within 120 days
   prior to the execution of this Agreement and that employment under this Agreement
   will not result in the displacement of employed workers or impair existing agreements
   for services or result in the substitution of federal funds for other funds in connection
   with work that would otherwise be performed.
10. Employer hereby confirms it has not relocated all or part of its business (located in the
    US or its territories) within the previous 120 days where such relocation resulted in the
    loss of employment at the original site.
11. Employer assures that they have not been debarred or suspended in regard to federal
    funding.
12. Employer agrees that no candidate shall be placed in an OJT where a member of that
    person’s immediate family is directly supervised by or directly supervises the
    candidate. Family means two or more persons related by blood, marriage, or decree
    of court, who are living in a single residence, and are included in one or more of the
    following categories: a married couple and dependent children; a parent or guardian
    and dependent children; or a married couple.
13. Employer commits to retaining participants upon successful completion of the OJT
    assignment, as permanent employees. However, the Employer shall not be obligated
    to retain, nor be penalized for failing to retain, any participant in the event such
    participant is terminated for cause, voluntarily resigns, or is laid off through a broad
    reduction in workforce or otherwise caused by force majeure.

 

B. E-Verify

Employer warrants and represents that it complies with section 448.095, F.S., in which the State of Florida expressly requires the following:

1. As of July 1, 2023, all private employers in Florida with 25 or more employees will be required to use E-Verify system to verify a new employee’s employment eligibility.
2. An employer shall verify each new employee’s employment eligibility within three
   business days after the first day that the new employee begins working for pay. If the
   E-Verify system is unavailable for three business days after the first day that the new
   employee begins working for pay and an employer cannot access the system to verify
   a new employee’s employment eligibility, the employer must use the Employment
   Eligibility Verification form (Form I-9) to verify employment eligibility.

 

C. Wages and Benefits

1. Employer will provide the participants with the same terms of employment, working conditions, wages and fringe benefits provided to other employees in the same or similar positions while participating in the OJT assignment.
2. Participants will be compensated at the same wage rates, including periodic increases,
   as trainees or employees who are in similar occupations by the same employer and
   who have similar training, experience, and skills. Wage rates must be in accordance
   with applicable law.
3. Employer shall provide workers’ compensation coverage for the participant.
4. Employer agrees that WIOA funds will not be used to pay fringe benefits. The
   Employer agrees to take full responsibility to pay fringe benefits with non-WIOA funds.

 

D. Reimbursement

1. CSPBC will reimburse the Employer based on wages paid, at the conclusion of the
   specified training period, or such period as the LWDB and the Employer both agree is
   acceptable, following confirmation of receipt of required documentation.
2. Overtime hours in excess of 40 hours per week shall be reimbursed at the regular rate
   of pay. The Employer agrees to pay the overtime rate in excess of the regular rate in
   full using non-WIOA funds.
3. Employer will not be reimbursed for paid holidays, sick, vacation, or other leave time
   granted to the participants.

 

E. Record Requirements and Retention

1. Employer agrees to maintain adequate time and attendance, payroll, and other
   records to support amounts reimbursed under this Agreement.
2. Employer agrees to provide access to the records related to the program to CSPBC
   and state and/or federal officials, through the record retention period.
3. Employer agrees to maintain such records for five (5) years after the completion of
   OJT activities.
4. Employer agrees to protect the Personally Identifiable Information (PII) of all OJT
   participants in accordance with applicable federal and state laws and policies,
   including, but not limited to, USDOL ETA Training and Employment Guidance Letter
   No. 39-11, Guidance on the Handling and Protection of Personally Identifiable
   Information.

IF EMPLOYER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO EMPLOYER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (telephone
number, e-mail address, and mailing address).

 

F. Monitoring

Employer agrees that records directly related to this OJT Agreement are subject to review,
monitoring, and audit by CSPBC, the State and/or the federal government, at any time.

Section 5. Training

1. Employer agrees to employ the participant and develop a training plan for the OJT that
   includes competencies needed to be satisfactorily skilled in the OJT position. The training plan will be signed by CSPBC, the Employer, and the participant and will become part of this Agreement.
2. No training will commence prior to the training start date listed in the OJT contract and
   training agreement. The date shall be the same for both documents.
3. Employer agrees to notify the LWDB when the participant completes training and/or
   unsubsidized employment begins.
4. Employer agrees to notify the LWDB if training is extended beyond the predetermined
   initial date or if training is terminated prior to the agreed upon completion date.
5. This OJT agreement and the participant’s training plan must be executed prior to a
   participant being placed in an activity and the participant shall not begin work/training prior
   to all required documents and processes being completed and executed by all parties.
6. Each participant will be trained in accordance with guidelines described in their individual
   training plan while engaged in productive work which is essential to the full and adequate
   performance of the job.
7. Each participant’s training plan must explicitly show the required training hours, the hourly
   wage for the participant, and the percentage of reimbursement.

Section 6. Additional Terms

CSPBC and the Employer agree this Agreement shall not bind CSPBC or the Employer to any
exclusive relationship, including without limitation recruitment or placement. There is no
expectation or required number of participants to be processed through the OJT activity. Both
Parties are free to recruit, place, employ and/or assign employees to their own workforces or
those of others. This Agreement shall apply only to those OJT participant(s) that the Employer and
CSPBC collectively agree, in writing, to place in an OJT activity under this Agreement.

This Agreement may be renewed following the initial term if such an extension is agreed upon by
the Employer and CSPBC. Such an extension is contingent upon satisfactory performance
evaluations and is subject to the availability of funds. Terms and conditions of extensions shall be
negotiated prior to the effective date of any extension.

The Employer agrees that upon successful completion of the training program and/or completion
of the Employer’s customary probationary period, the OJT participant will continue to be employed
as a regular member of its workforce. The participant will be retained as a regular employee at
the OJT agreement wage rate (or higher) as specified in this Agreement, and at a full-time
scheduled number of work hours. The Employer acknowledges that failure to retain an OJT
participant who has successfully completed training may be grounds for disqualification for
subsequent additional OJT agreements.

The Employer agrees to comply with the wage determinations provided by the Federal
government and all documentation outlined in the Davis Bacon Act, as applicable. Contractors
must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. Additionally, contractors are required to
pay wages not less than once a week.

By signing this Agreement, all parties agree that the provisions contained herein are subject to all
applicable Federal, State, and local laws, regulations and/or guidelines relating to
nondiscrimination, privacy rights of participants, and maintenance of records and other confidential
information.

When issuing statements, press releases, publications, requests for proposal, bid solicitations and other documents—such as toolkits, resource guides, websites, and presentations (hereinafter
“statements”)—describing the projects or programs funded in whole or in part with federal funds,
the Employer must clearly state:

1. the percentage and dollar amount of the total costs of the program or project funded with
   federal money; and,
2. the percentage and dollar amount of the total costs of the project or program funded by
   non-governmental sources.

The Employer will adopt and abide by a conflict-of-interest policy that ensures compliance with

state and federal law and applicable CareerSource Florida State Board and FloridaCommerce
policies. The Employer will make reasonable modifications to the policy if requested by
FloridaCommerce. The Employer must ensure that adequate firewalls are in place to prevent
actual or perceived conflicts of interest, poor internal controls, or the appearance of impropriety.

A. Termination for Convenience

Either Party may terminate this Agreement at any time for convenience, which is defined
as any reason other than Termination for Cause, upon giving ten business days to the
other Party. If this Agreement is terminated for convenience, CSPBC shall be relieved of all
obligations under the Agreement and will only be required to pay that amount of the
Agreement actually performed to the date of termination. This Convenience provision is
intended to allow either party to terminate the Agreement without the need to establish
default. If the Agreement is terminated for convenience, the Agreement is terminated
without cause or penalty.

B. Termination for Cause

In the event CSPBC determines that the Employer’s services are not being performed as agreed upon, the Employer shall be considered to be in default and CSPBC reserves the right to terminate this Agreement for cause upon 48 hours’ written notice. This Agreement is subject to modification or termination due to actions taken by Federal, State, or Local governments that result in changes to the program.

C. Performance

Participant data will be collected by the LWDB in accordance with state and federal program guidelines on performance for the following indicators: Employment Rate 2nd Quarter After Exit, Title I Youth Education and Employment Rate-2nd Quarter After Exit, Employment Rate-4th Quarter After Exit, Title I Youth Education and Employment Rate-4th Quarter After Exit, Median Earnings 2nd Quarter After Exit, Credential Attainment, Measurable Skill Gains, and Effectiveness in Serving Employers.

D. Financial Reporting

The Employer must comply with all aspects of the Sarbanes-Oxley Act, which include the
accuracy and integrity of financial reports, management and assessment of internal
controls, and the CEO and CFO acceptance of responsibility for the intentional certification
of financial reports that attempt to mislead or contain fraudulent information.

E. Disputes and Grievances

The Employer must work with CSPBC to resolve issues that arise related to this Agreement in accordance with the local area’s grievance procedures in a timely manner. A face-to-face meeting may be requested by either Party to address the issue. When a resolution is reached, the issue and resolution must be in writing.

F. Discrimination Complaints

CSPBC will follow the requirements in section 188 of WIOA, which prohibits discrimination
on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation
or belief, or, for beneficiaries, applicants, and participants only, on the basis of citizenship
status or participation in a WIOA Title I-financially assisted program or activity.

Programs that are funded through CSPBC are equal opportunity programs that provide auxiliary aids and services for individuals with disabilities upon request. Individuals using TTY/TTD equipment use Florida Relay Service 711. Disabled individuals may submit a
request for reasonable accommodations to CSPBC.

Any person with questions or concerns regarding any form of perceived discrimination can contact CSPBC EqualOpportunity Officer. Any person can ask questions, file a complaint or state a concern without fear of retaliation or reprisal.

CSPBC will not discharge, intimidate, retaliate, threaten, coerce or discriminate against any individual who files a complaint or grievance. The same prohibition applies to individuals who provide information, assist or participate in any way in an investigation, review, hearing or any additional activity that pertains to the administration of, or exercise of authority under, or privilege secured by 29 CFR Part 35.

Section 7. Applicable Law and Jurisdiction

This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida.

Section 8. Signatures

IN WITNESS WHEREOF, the Parties hereby agree to all the terms and conditions set forth in this OJT Agreement, and upon placing their signatures below, have hereby caused this Agreement to be executed.

ATTACHMENT ONE

ADDITIONAL APPLICABLE CONTRACT PROVISIONS

SIMPLIFIED ACQUISITION THRESHOLD

Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

NONDISCRIMINATION, EQUAL OPPORTUNITY ASSURANCES, CERTIFICATIONS, OTHER
PROVISIONS

Each Party to this Agreement agrees to comply with the prohibitions against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); on the basis of
disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); on the basis of sex
under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or on the basis of
race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.). The Parties agree that no individual shall be excluded from participation in, denied the
benefits of, subjected to discrimination under, or denied employment in the administration of or
in connection with, any program or activity relating to the operation of the one-stop delivery
system because of race, color, religion, sex (except as otherwise permitted under title IX of the
Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.

The Employer also assures that it will comply with 29 CFR Part 38 and all other regulations
implementing the laws listed above.

PUBLIC ANNOUNCEMENTS AND ADVERTISING

To comply with the Stevens Amendment, the Employer agrees that when issuing statements,
press releases, request for proposals, bid solicitation, and other documents describing the project
or programs funded in whole or in part under this Agreement, the Employer shall clearly state:
(1) the percentage of the total cost of the program or project which will be financed with Federal
money under this Agreement and (2) the dollar amount of Federal funds for the project or
program.

PUBLIC ENTITY CRIMES

The Employer shall comply with subsection 287.133(2)(a), F.S., whereby a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid, proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction
or repair of a public building or public work; may not submit bids, proposals, or replies on leases
of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity and may not transact business
with any public entity in excess of the threshold amount provided in section 287.017, F.S., for
Category Two for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list.

PROCUREMENT OF RECOVERED MATERIALS

The Employer agrees to comply with the provisions of section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, and as supplemented by 2
CFR Appendix II to part 200 and 2 CFR part 200.323 and the requirements stated therein.