Local Operating Procedures. On the Job Training Program

Transcription

1 Local Operating Procedures On the Job Training Program

2 Business Service Unit STAFF DESK GUIDE POLICY: On- the- Job Training (OJT) IMPLEMENTATION GUIDANCE: OJT is a proven training tool for nearly every workplace. OJT provides best results when it is planned, organized, and accomplished at the specific work site. OJT is used to train employees under supervision of more experienced employees. The trainee accomplishes productive work while acquiring knowledge and skills essential to job performance. Employers benefit as OJT enhances productivity and increases employee retention. TBWA may write OJT Agreements with employers to train employed workers if the OJT relates to new technology, production, service procedures, or other appropriate purpose. TBWA may reimburse employers up to 50% of trainee wages for approved training hours. Employers and OJT candidates must qualify to participate in an OJT agreement. Target Market OJT is a subsidized employment for the purpose of training individuals. TBWA s Business Services Unit would like to offer those candidates who are WIA Adult and Dislocated Workers and/or TANF eligible training in a practical manner that is directly related to an employment opportunity. Language Coordinator-OJT/EWT Coordinator Client- Business Client Employers Implementation 1. Employer Needs Assessment TBWA Business Services Representatives (BSR) will meet with prospective client employers to identify recruitment and training needs. Together, the client and BSR accomplish an Employer Needs Assessment which includes: a. Forecasting hiring needs. Explore the possibilities of business expansion, growth and upcoming contracts. These factors will produce potential job openings. b. Challenges retaining employees. Evaluate retention rate and turnover rate. Inadequate training can contribute to higher turnover rates. Investment in continuing education and OJT has proven to increase retention rates and productivity. c. Industry trends. Analyze occupations in demand and growing industries in the area compared to local market statistics. 2. OJT Application Kit and Job Order The BSR assists the client with completing the OJT Application Kit (Attachment 2) and job order. The BSR ensures the job descriptions and qualifications are clearly defined for filling the job order. The BSR also identifies all applicable client hiring policies to include, but not limited to, criminal background checks and drug testing. The BSR compares the hourly wage offered by the client to the average wage rate of the occupation as listed in the occupational employment statistics. The client should be advised that lower pay offers may be reason to deny the application. Other disqualifying conditions are covered in the application kit. The BSR submits completed forms to the Business Services Manager for approval to conduct negotiations. 3. Negotiation of OJT Agreement Terms of an OJT services agreement are negotiated by the BSR with the client and include: 12.1 OJT On The Job Training Guidance Page 1 of 31

3 Business Service Unit STAFF DESK GUIDE a. Number of hours worked per week per position b. Number of hours of training per position c. Types of positions (Please refer to the occupations in demand) d. Number of positions by type e. Rate of pay for each position type f. Projected wage rate at the end of OJT training g. Confirmation that the client understands: i. Hours and training costs reported by the client cannot exceed the amount of total payouts computed for the agreement. ii. Reimbursements will not be made for overtime hours, vacation, sick time, holidays not worked, fringe benefits, shift differential, retirement benefits, or any other non-work time. iii. Reimbursements will not be made before the OJT candidates complete training hours. iv. A detailed Training Outline must be completed verifying the dates of training including topics covered, hours earned, and the instructor s signature h. BSR submits completed package to Business Services Manager for approval to draft an agreement i. BSR negotiates preliminary reimbursement rate (Maximum 50%). 4. Agreement Preparation BSR will send the following documents to On the Job Training/Employed Worker Training Coordinator (Coordinator) for review and agreement preparation: a. Employer Needs Assessment (Attachment 1) b. OJT Application (Attachment 2) c. Training Plan Summary Report (Attachment 3) d. Reimbursement Schedule Sheet (Attachment 4) e. The Coordinator will prepare draft agreement (Attachment 5) f. Draft agreement will be incomplete for candidate (trainee) information and eligibility at this time. 5. OJT Job Order The BSR submits the OJT Job Order to the Job Order Unit for posting as an OJT Opportunity. All OJT Job Orders should include at the top of the description special notification: OJT/WIA Eligibility Requirements- DO NOT REFER CANDIDATES DIRECTLY TO WIA. OJT Job Orders are entered into a spreadsheet labeled OJT Job Orders FYXX (e.g. FY10) filed in Folder Name: OJT FYXX (current fiscal year) located on the G: Drive. 6. Identifying an OJT candidate a. TBWA serves as a channel to recruit candidates for OJT Job Orders. Career Managers from all Lines of Business (LOB) may refer candidates to OJT Opportunities. Career Managers can view OJT Job Orders at Employ Florida Marketplace: or at OJT Job Orders FYXX on the G-Drive. Career Managers will identify qualified candidates by validating candidate skill sets and match to those requested in the job order. b. b. Clients may also refer candidates to TBWA for screening. BSR will provide names of client referred candidates to OJT/EWT Coordinator. OJT/EWT Coordinator will forward client referred candidates to WIA/TANF Program Manager who will assign candidates to a Career Manager(s). Career Manager(s) will assist in registering client referred candidates in Employ Florida Marketplace (EFM) and completing an OJT Referral Form. All OJT candidates must receive one core and one intensive service to be eligible to participate in OJT. Incumbent and/or employed workers are not eligible to participate in OJT funded agreements OJT On The Job Training Guidance Page 2 of 31

4 Business Service Unit STAFF DESK GUIDE 7. Selecting Candidates The WIA/TANF Program Manager provides the BSR a list of qualified and eligible candidates who then provides the list to the client. The client retains final selection authority. If the client finds acceptable candidates for any or all of the OJT positions, the client notifies the BSR. The client may refer candidates at any time prior to signing the agreement, but, candidates will not be eligible for reimbursement funds unless fully eligible as WIA/TANF registered candidates. 8. OJT Agreement With selection of candidates BSR will notify Business Services Manager who will recommend completing the agreement. If approved, BSR will notify the client that the process to provide an agreement for signatures with TBWA and the client can take up to (7) seven business days. Reimbursement for OJT cannot begin until an agreement is in place. The process to provide an agreement (example at Attachment 5) for signatures follows: a. OJT/EWT Coordinator completes draft agreement making sure the agreement reflects accurate client data b. OJT/EWT Coordinator enters contract into Electronic Vouchering Agreement System (EVS) c. OJT/EWT Coordinator submits agreement to WIA/TANF Program Manager to signature approval of candidate s eligibility d. OJT/EWT Coordinator submits draft agreement to Business Services Manager for approval of contract compliance, accuracy and availability of funds e. OJT/EWT Coordinator delivers one copy of agreement to Project Director (or designated representative) for review and authorization to complete agreement. (TBWA approving authority signs after client) f. PD, forwards copies of agreement to OJT/EWT Case Manager g. BSR takes two copies of agreements to client for signatures h. BSR forwards agreements with client signatures to CEO, Tampa Bay Workforce Alliance for final signatures. i. CEO, Tampa Bay Workforce Alliance returns completed contracts to BSR who forwards complete copy with original signatures to client j. BSR forwards second copy of agreement with original signatures to WIA/TANF Program Supervisor k. BSR retains a copy of the agreement in a client file. 9. Confirmation of Start Date The BSR confirms the start date of training for each OJT selected candidate with the client. The BSR reports any significant changes in the training start date as set in the agreement to OJT/EWT Coordinator, Job Order Unit, and the candidate 10. Progress Report The client submits an OJT training progress report (Attachment 6) on all trainees covered by the OJT agreement by the end of each month until training is complete to BSR. The OJT agreement contains a sample Progress Report (Exhibit B). BSR will forward copies of the progress report to Career Manager(s). The BSR will send a courtesy reminder to the client approximately 7 days before the end of the month. The BSR will maintain Progress Reports in a client file OJT On The Job Training Guidance Page 3 of 31

5 Business Service Unit STAFF DESK GUIDE 11. Certificates of Completion The BSR will notify clients of all candidates scheduled to complete training. If the client chooses to issue certificates of completion, BSR will provide a copy to career manager(s). BSR will keep copies of certificates of completion in client files. 12. Invoicing The client completes all prescribed documents in order to receive payment. Each month, the client sends an invoice, payroll register (or copy of pay stubs), and training progress reports to the BSR for review and forwarding to OJT/EWT Coordinator for quality review. OJT/EWT Coordinator will notify BSR and client of any inconsistencies or errors. OJT/EWT Coordinator gives completed invoices to Project Accountant for processing. All invoices and back up documentation should be provided within thirty (30) days following the last day of training. Invoices accepted for payment will be paid within thirty (30) days of approval by TBWA. Revision History: Document Date Reference Number Comments 12.1 OJT On The Job Training Guidance Page 4 of 31

6 On the Job Training Reference Guide OJT is subsidized employment for the purpose of training employees under the supervision of more experienced employees. The trainee accomplishes productive work while acquiring knowledge and skills essential to job performance. TBWA may reimburse employers up to 50% of trainee wages for approved training hours. Procedures 1. Perform a Employer Needs Assessment a. Forecasting hiring needs- exploring possibilities of business expansion, growth and new technologies, skills or processes which will require a skills upgrade for current employees b. Assess the challenges of retaining employees-evaluate retention rate and turnover rate. Consider the benefits of training the current employees to overcome the lack of skills. Proper and timely training can contribute to higher retention rates. c. Industry trends- Analyze occupations that are in demand and growing industries in the area compared to local market statistics 2. OJT Application Kit and Job Order a. After completing the BNA if the BSR and employer agree to pursue OJT funds, BSR will provide employer with the application kit and job order form. BSR will assist the employer with ensuring the application and job order is complete and accurate. b. The BSR compares the hourly wage offered by the client to the average wage rate of the occupation as listed in the occupational employment statistics c. BSR submits completed forms to the Business Services Manager for approval to conduct negotiations 3. Negotiation of OJT Agreement a. Number of hours worked per week per position b. Number of hours of training per position

7 c. Types of positions d. Number of position by type e. Rate of pay for each position type f. Projected wage rate at the end of OJT training g. Confirmation that the client understands: i. Hours of training cost reported cannot exceed the amount of total payouts computed for the agreement ii. Reimbursements will not be made for OT, vacation, sick time or holidays, or any other non-work time iii. Reimbursements will not be made before the OJT candidates have completed training hours iv. A Training Outline must be completed verifying the dates, topics covered, hours earned, and instructor s signature h. BSR submits completed package to BSM for approval of draft agreement 4. Agreement Preparation- BSR will send the following documents to Coordinator for review and agreement preparation a. Employer Needs Assessment b. OJT Application Kit c. Training Plan Summary and Outline d. Reimbursement Schedule Sheet e. Draft Agreement 5. OJT Job Order a. BSR submits OJT job order to JOU for posting as an OJT Opportunity b. All OJT job order must include the following statement in the description of the job order OJT/WIA or TANF Candidates referred must meet all OJT/ WIA or TANF Eligibility Requirements 6. Identifying an OJT Candidate a. The employer may have identified candidates they wish to hire in an OJT position b. TBWA can also provide qualified candidates to the employers from sources such as Career Managers, EFM, and Professional Networking, matching candidates to the OJT Job Description

8 7. Selecting candidates a. The WIA / TANF Program Managers provides the BSR a list of qualified and eligible candidates, who forwards the list to the employer, who will identify acceptable candidates b. Employers may refer candidates prior to the signing of the agreement, must candidates must be identified as fully WIA/TANF eligible and EFM registered before reimbursement funds are considered 8. Insert OJT Agreement With selection of candidates BSR will notify Business Services Manager who will recommend completing the agreement. If approved, BSR will notify the client that the process to provide an agreement for signatures with TBWA and the client can take up to (7) seven business days. Reimbursement for OJT cannot begin until an agreement is in place. The process to provide an agreement (example at Attachment 5) for signatures follows: a. OJT/EWT Coordinator completes draft agreement making sure the agreement reflects accurate client data b. OJT/EWT Coordinator enters contract into Electronic Vouchering Agreement System (EVS) c. OJT/EWT Coordinator submits agreement to WIA/TANF Program Manager to signature approval of candidate s eligibility d. OJT/EWT Coordinator submits draft agreement to Business Services Manager for approval of contract compliance, accuracy and availability of funds e. OJT/EWT Coordinator delivers one copy of agreement to Project Director (or designated representative) for review and authorization to complete agreement. (TBWA approving authority signs after client) f. PD, forwards copies of agreement to OJT/EWT Case Manager g. BSR takes two copies of agreements to client for signatures h. BSR forwards agreements with client signatures to CEO, Tampa Bay Workforce Alliance for final signatures. i. CEO, Tampa Bay Workforce Alliance returns completed contracts to BSR who forwards complete copy with original signatures to client j. BSR forwards second copy of agreement with original signatures to WIA/TANF Program Supervisor k. BSR retains a copy of the agreement in a client file.

9 9. Confirmation of Start Date a. BSR confirms the start date of training for each OJT selected candidate with the employer. 10. Progress Report a. The employer submits progress report on all trainees by the end of each month, until training is complete to BSR b. BSR will forward to Coordinator and Career Managers c. BSR will send courtesy reminder to employer at least 7 days in advance. 11. Certificates of Completion a. Employer will issue proof of completion (Training Outline) b. BSR will forward to Coordinator and Career Managers. 12. Invoicing a. Each month the employer sends an invoice, payroll register, and training progress reports to BSR for review and BSR will forward to Coordinator for quality review b. Coordinator gives completed invoices to Project Accountant for processing c. TBWA pays invoiced amount within 30 days

10 OJT Internal Process Checklist Employer Name Sector Job Title(s) Start Date (Tentative) Candidate Name(s) Agreement ID Representative End Date (Tentative) Documentation / Process Requirements Initials Required Date Received Employer Needs Assessment OJT Application Kit (with EIN#, WC Insurance Information) Job Order Form and Description (for each job title listed above) 1 st Review by Business Services Manger Job Order Number in EFM (for each job title listed above) or Candidate referred to WIA WIA Eligibility Application (for each referred candidate) Referrals to all Job Orders (from priority candidates in EFM system) Resume or Work History ( for each referred candidate) 2 nd Review by EWT/OJT Coordinator Training Plan of Study (soft copy provided) Training Plan of Study (soft copy provided) Training Outline (soft copy provided) Reimbursement Schedule (soft copy provided) Confirmation of Funding Business Services Case Note in EFM (for all candidates listed above): Draft Agreement Entered into Voucher System All documents must be attached and boxes checked in order to be considered a complete packet. Allow up to 7 business days for approval process once all documents are submitted. By signing below, I verify that I have given the completed file and above documents to the WIA representative listed below. Business Services Manager Date Approved Package Sent to WIA By signing below, I verify that I am taking receipt of the completed file and above documents from Business Services. WIA Program Manager (Print) WIA Program Manager (Sign) Date Business Services Manager Date Approved Package Received from WIA

11 On the Job Training (OJT) Program Employer Needs Assessment

12 Employer Needs Assessment Date: Company Information BSR: Company Name Contact Person Phone Address City Zip Cell Phone Fax Alternate Contact FEIN Alt. Phone Industry Position Needs Position Title # of Openings Projected Hire Date Services Offered: Interested in In-House Recruitment Yes No Interested in Mass Hiring Yes No Need On site or Off site Recruitment Yes No Interested in Rapid Response Yes No Interested in candidate referrals Yes No Interested in other services Yes No Interested in partnering Yes No Interested in OJT Yes No Interested in listing jobs Yes No Interested in Retention Yes No Interested in LMI (Labor Market Info) Yes No If yes to any of the above, please describe in detail.

13 A. List Challenges or Obstacles currently facing Employer: B. Synopsis of what was discussed in meeting: C. List how and when you will follow-up with Client Date & Time of Next Meeting: Date of Follow-Up Call: Manner in which Employer prefers to be contacted: Additional Comments:

14 On the Job Training (OJT) Program Application Kit

15 On-the-Job Training (OJT) Application Kit The Tampa Bay Workforce Alliance (TBWA) focuses on delivering employers innovative workforce solutions. The TBWA has both the resources and expertise to assist local employers who are seeking skilled employees to fill workforce vacancies. TBWA is committed to providing clients with all the services necessary to hire, train and retain the workforce they need. On-the-job training (OJT) is one of the best training methods because it is planned, organized, and conducted at the employer s worksite. OJT is one of the primary methods used for broadening employee skills and increasing productivity. It is particularly appropriate for developing proficiency skills unique to an employee's job - especially jobs that are relatively easy to learn and require specific equipment and facilities. To apply, please complete the OJT Application Kit with the assistance of a Business Services Representative. On-the-Job Training Program Overview How does an employer benefit from the TBWA OJT Program? The employer is reimbursed up to 50% of the candidate s wages which goes to cover the costs of providing the training and additional supervision related to the training. What types of jobs are eligible for OJT? A full-time (32-40 hours per week) in any occupation paying $8.00 or greater. Wages must be paid to candidates that are the same as others performing a comparable job. Positions selected for OJT must be permanent and offer the potential for advancement. Positions that offer fringe benefits such as health insurance are preferred. How long is the training period? The length of the OJT is determined by the amount of time needed for the candidate to acquire the skills to perform the job for which they are being trained. During contract negotiation, TBWA will work with you to determine the length of training. Who can participate in training? OJT should be provided to individuals that lack the skills and experience required to qualify for your job opportunity. Through OJT, the individual will be prepared to meet basic job requirements for continued employment. All candidates must meet TBWA eligibility requirements. This process could take up to a week. Can I enroll an employee in OJT after the individual has been hired or promoted to a new position? No. You must complete the paperwork and receive approval of your application before you hire the employee. Please plan ahead. How do I recruit individuals for the program? As our client, you will collaborate with TBWA to identify and recruit candidates for the training program. If a recruiting agreement does not already exist, one will be created. OJT Job Order openings will then be posted in the TBWA job order systems. All candidates for training must be

16 assessed by TBWA prior to hire to determine program eligibility. As always, the final decision on who is hired remains with you the client. Is there anything else I should know? You will be required to submit a job description and set up your training program during the contract training negotiation process. This will ensure that your program has all of the elements that it needs to be successful. Classroom training as part of the OJT program is permitted but must be pre-approved as a part of your program. You must establish a dedicated supervisor/mentor to the program. OJT Agreements are not allowed in cases where the candidate will work from home during the training period. You will be required to retain the candidate upon completion of the training program. Candidates participating in the OJT program cannot displace currently employed workers or results in a reduction of hours of nonovertime work, wages or employee benefits. How do I get reimbursed? The client will be reimbursed on a monthly basis upon the submission of completed progress reports, attendance records and an invoice for each OJT trainee. Multiple trainees can be listed on one submittal. What documentation is required of OJT clients? The client must retain and make available employment, time and attendance and payroll records for any candidate trained and hired under an OJT agreement throughout the training period. Periodic on-site monitoring of contracted OJT training will be conducted to assure that the program guidelines are followed. I m interested! What is the process? 1. The business client determines the occupations to consider for OJT. 2. A TBWA Business Services Representative assists with determining qualification for the program, completing the application, submitting Job Orders, identifying candidates, establishing training plans and timelines. 3. The OJT Application is submitted. 4. The business client collaborates with the TBWA staff to recruit and assess candidates for training. 5. A contract agreement is created and signed. 6. The candidate is hired and training begins. 7. On or around the 30 th of each month, fill out a progress report for each employee, and invoice TBWA for the contracted percentage of OJT wages. 8. The candidate completes training and continues employment. Please note: Participating clients must be in compliance with all applicable federal, state, and local laws regarding employment (Fair Labor Standards Act, nondiscrimination, EEO, payment and reporting of wages earned work place safety, child labor and ADA). They must not be involved in any major labor disputes.

17 Part One: Company Profile Company Name: Contact Name & Title: Address: Phone: FAX: Address: Website: Product/Service: Number of Employees: Federal Tax ID#: Unemployment Insurance #: Workers Comp. Carrier: Policy #: Expiration Date: Does your company offer health insurance? YES NO What other benefits does your company offer full time employees? Limited to 500 characters Part Two: On-the-Job-Training Summary Why is your company interested in developing an OJT Program? Limited to 500 characters Has your company previously conducted any training under federal, state or local workforce programs such as On-the-Job-Training, Incumbent Worker Training, Customized Training, etc.? YES NO

18 Part Three: On-the-Job-Training Employer Eligibility If any of the following questions are answered YES, the employer is not eligible. 1. Is the client involved in a current major labor dispute? 2. Is the client in violation of local, state or federal labor laws? 3. Is the occupation seasonal or temporary? 4. Are current employees being dislocated or their hours reduced as a result of this proposal? 5. Is the OJT training proposes for less than 32 hours per week? 6. Will the employer of record be an employment agency? YES NO If any of the following questions are answered NO, the employer is not eligible. YES 1. Will the client establish a dedicated supervisor for the program? 2. Is there an opportunity for career/financial advancement in the position? 3. Will the client retain the OJT candidates after completion of training? 4. Will candidates be provided the same fringe benefits and working conditions as other employees? 5. Is the client willing to collaborate with TBWA representatives to hire candidates and provide necessary information to run the program? 6. Is the client willing to provide the necessary information required and abide by the terms of the program? NO 7. Is the client willing to place a job order in the system? 8. Does the client have the required Worker Comp. Insurance? 9. Can you offer at least $8.00 per hour? Part Four: Job Descriptions Please fill out the following form for each position that you wish to offer OJT. Job Title: Turnover Rate: % Hourly Wage Rate:$ Total No. of positions: Detailed job description: Limited to 500 characters What are the minimum skills and/or work experience required for an individual to be considered for OJT in the position listed above? Limited to 500 characters

19 What opportunities for advancement does your company offer an individual in this position? Limited to 500 characters What tools, uniforms, or other materials are necessary for the candidate to perform the job? Is the employee required to purchase these on their own? YES or NO Limited to 500 characters Please describe your current recruitment, methods, hiring procedures, and any pre-employment assessments required for this position. Limited to 500 characters Part Five: Plan of Study Job Title: O*Net Job Title: To be filled by TBWA Duration of Training: weeks Daily Hours Required: Training Supervisor Contact Information Training Supervisor: Telephone: Training Location: FAX:

20 Training Outline I. Learning Objectives Describe Objectives to be learned II. Materials required List materials required for training III. Training Outline Week 1 Objectives to be learned Week 2 Objectives to be learned Week 3 Objectives to be learned Week 4 Objectives to be learned Week 5 Objectives to be learned Week 6 Objectives to be learned Week 7 Objectives to be learned Week 8 Objectives to be learned Week 9 Objectives to be learned Week 10 Objectives to be learned Week 11 Objectives to be learned Week 12 Objectives to be learned

21 On-the-Job Training Program Plan of Study Job Occupation Training Employee Training Order No. Title Hours Hourly Wage Cost

22 On-the-Job Training Program Plan of Study Last 4 digits Job Occupation Training Employee Training Projected Projected OJT Hourly Last Name First Name SS# Order No. Title Hours Wage Cost Start Date End Date Eligible

23 Training Outline & Competency Certification Competencies/ Skills to be acquired through OJT (Attach additional sheets when list exceeds the space provided below. Label the last competency/ skill to be attained FINAL ) Approximate Training Hours per Comp/ Skill 1. HRS Trainee s Initials Trainer s Initials Date 2. HRS 3. HRS 4. HRS 5. HRS 6. HRS 7. HRS 8. HRS 9. HRS 10. HRS

24 On-the-Job Training Program Reimbursement Schedule Occupation Title # of Positions Hours worked per week Training Time (in hours) Wage rate during OJT Total Wages (training time X wage rate X # of positions) Maximum OJT Reimbursement Projected wage rate at end of OJT 50%

25 On the Job Training (OJT) Program Sample Agreement

26 Business Service Unit STAFF DESK GUIDE Tampa Bay WorkForce Alliance, Inc E. Hillsborough Avenue, Suite # 1419 Tampa, FL On-the-Job Training (OJT) Training Agreement Agreement Number: Between And Tampa Bay WorkForce Alliance, Inc. MM/DD/YY to MM/DD/YY 12.1 OJT On The Job Training Guidance Page 22 of 31

27 Business Service Unit STAFF DESK GUIDE ON-THE-JOB TRAINING (OJT) AGREEMENT Agreement ID#: This Agreement is made and entered into by between Tampa Bay WorkForce Alliance, hereinafter referred to as TBWA and, located at, hereinafter referred to as Client. The Client s Federal ID# is. This Agreement is for the purpose of providing funding for the OJT Program ( Program ) as outlined in the attached exhibits incorporated herein. As such, the following provisions apply: 1. GENERAL. Client will provide all necessary instruction, equipment, materials, and post-evaluation services identified in the OJT Training Plan Summary, attached hereto as Exhibit A. Training shall be administered by Client at Client s location and may not be subcontracted (an exception is made for approved applicable classroom training, and is outlined in the OJT Training Plan Summary). Client agrees to designate a supervisor/mentor for the Program. Client also agrees to adhere to the number of work hours reflected in the OJT Training Plan Summary. Candidates selected for the program ( OJT Candidates ) must be on full time (full pay) status. Client agrees to pay OJT Candidates a wage comparable to employees in the same position. Client further agrees that all OJT Candidates will be provided with the same fringe benefits and working conditions as other employees performing the same work. In exchange for the above provisions, TBWA will pay % of the OJT Candidate s wages during the training period. 2. CANDIDATE PERFORMANCE ISSUES/TERMINATION. Client agrees that upon an OJT Candidate s successful completion of the Program, Client will provide a final report to the OJT Candidate, a copy of which will also be submitted to the appropriate TBWA Representative. Client further agrees that upon successful completion of the Program, Client will continue to employ the OJT Candidate on a full-time (full pay) status. If at any time during the term of the OJT training period, Client deems the OJT Candidate s work performance unsatisfactory, Client will notify the assigned TBWA Representative of the specific performance issues and permit the TBWA Representative to confer with the OJT Candidate, excepting those issues that constitute clear violations of established Client policy that have been previously communicated in writing to the OJT 12.1 OJT On The Job Training Guidance Page 23 of 31

28 Business Service Unit STAFF DESK GUIDE Candidate. In the event of a dismissal of an OJT Candidate for a clear violation of an established Client policy, Client must notify TBWA within 24 hours of such dismissal. 3. CANDIDATE ELIGIBILITY. OJT Candidates must not possess the skills listed in the OJT Training Plan Summary nor have been hired, offered employment, or started employment with Client in the OJT position prior to the execution of this Agreement. Employed workers may be eligible for the Program as specified in federal regulations. 4. LAYOFFS/UNION AGREEMENTS. No currently employed worker of Client shall be displaced by an OJT Candidate, including partial displacement such as reduction in the hours of non-overtime work wages or employment benefits, nor shall an OJT Candidate be employed in a job opening while any other individual is on layoff from the same position. Client also agrees that OJT Candidates shall not replace any employees of Client that are not employed due to a labor dispute. Client further agrees to notify the TBWA Representative if a labor dispute occurs during the term of this Agreement. 5. RECORDS RETENTION/MONITORING AND REVIEW. The Client shall retain, in a logical and orderly manner so as to facilitate inspection, all records relating to this Agreement, including accurate daily time and attendance records showing hours worked, and payroll records showing all deductions and wages paid for a period of five years after receipt of final payment from TBWA, or in the event funds under this Agreement are questioned or are the subject of litigation, until any and all questions have been resolved to TBWA s satisfaction and any litigation has been dismissed. Such records shall be made available to TBWA for audit or inspection purposes at any time during normal business hours as often as TBWA deems necessary. 6. PERIOD OF AGREEMENT. This Agreement shall be effective for the period from the last date of signature and remain in effect until unless otherwise terminated pursuant to this Agreement. Client agrees that training must end on or before in order to be eligible for reimbursement under this grant. 7. TOTAL PAYMENT. The total payments from TBWA to Client for performance of services under this Agreement shall not exceed. 8. PAYMENTS. Client understands that the amount of hours and training costs reported must not exceed the maximum amount in the Total Payment section. Reimbursement will not be made for overtime hours, vacation, sick time, holidays not worked, fringe benefits, shift differential, retirement benefits, or any other non-work time. Client s invoice shall be accompanied by a payroll register or copy of pay stubs and an up to date 12.1 OJT On The Job Training Guidance Page 24 of 31

29 Business Service Unit STAFF DESK GUIDE OJT Progress Report (Exhibit B). All invoices and back up documentation should be provided within thirty (30) days following the last day of training. Invoices accepted for payment will be paid within thirty (30) days of receipt by TBWA. Invoices not accepted for payment due to inconsistencies, errors, early payment request, etc. will be returned to Client for correction and resubmission or Client will be notified of any necessary corrections, whichever will facilitate earlier payment in the judgment of TBWA. Client s invoices should be submitted to: ATTN: (EWT/OJT Coordinator) Tampa Bay WorkForce Alliance, Inc N. Florida Avenue, Ste 103 Tampa, FL COMPLIANCE. Client certifies that it is in compliance with all applicable Federal, State, and local laws regarding employment including, but not limited to, the Fair Labor Standards Act, nondiscrimination laws, payment and reporting of wages earned, workplace safety, child labor, and the Americans with Disabilities Act. Client certifies that employees trained under this Agreement will be covered by workers compensation insurance as is consistent with Chapter 440, Florida Statutes. 10. TERMINATION. A. Convenience: This Agreement may be terminated for convenience at any time by either party upon thirty (30) days written notice. Any termination for convenience shall be preceded by written notice setting forth the effective date of said termination. In the event of such termination, Client shall be entitled to compensation for services actually and satisfactorily rendered through the effective date of termination, provided that Client submits its final invoice to TBWA for such services within thirty (30) days of the effective date of termination. No other sums or damages, whether denominated as liquidated or unliquidated, lost profits or other incidental or consequential damages, shall be recoverable by Client as a result of such termination. B. Cause: (a) TBWA may terminate this Agreement at any time, upon giving ten (10) days prior written notice to the Client, after any one of the following events of default: (i) Client fails to meet any of the deliverables set forth in Exhibits A and B attached hereto, OJT Training Plan Summary and OJT Progress Report, as amended from time to time; 12.1 OJT On The Job Training Guidance Page 25 of 31

30 Business Service Unit STAFF DESK GUIDE (ii) Client otherwise breaches this Agreement in the performance of its duties and obligations under this Agreement; (iii) Client is grossly negligent in the performance of this Agreement or deliberately or willfully fails to perform under this Agreement; (iv) Client files a petition to be adjudicated bankrupt or for reorganization or arrangement under any bankruptcy laws; (v) A petition is filed against Client to have it adjudicated bankrupt and such petition is not dismissed within sixty (60) days after filing; (vi) Client commences or initiates an assignment for the benefit of creditors; (vii) A receiver or trustee of Client s rights or interests is Appointed pursuant to any judicial proceeding and such proceeding is not dismissed and the receiver or trustee discharged, within sixty (60) days after such appointment. (b) Client may terminate this Agreement at any time, upon giving ten (10) days prior written notice to TBWA, after any one of the following events of default: (i) TBWA fails to meet its obligations set forth in this Agreement with respect to the payment for services provided by Client; (ii) TBWA otherwise breaches this Agreement in the performance of its Obligations under this Agreement; (iii) TBWA is grossly negligent in the performance of the Agreement or deliberately or willfully fails to perform under this Agreement; (iv) TBWA files a petition to be adjudicated bankrupt or for reorganization or arrangement under any bankruptcy laws; (v) A petition is filed against TBWA to have it adjudicated bankrupt and such petition is not dismissed within sixty (60) days after filing; (vi) TBWA commences or initiates an assignment for the benefit of creditors; (vii) A receiver or trustee of TBWA s rights or interests is appointed pursuant to any judicial proceeding and such proceeding is not dismissed and the receiver or trustee discharged, within sixty (60) days after such appointment OJT On The Job Training Guidance Page 26 of 31

31 Business Service Unit STAFF DESK GUIDE (c) In the event of a termination by TBWA or Client pursuant to paragraph 10(B), Client shall only receive compensation for services actually and satisfactorily rendered through the effective date of termination, provided that Client submits its final invoice to TBWA for such services within thirty (30) days of the effective date of said termination. Additionally, in the event either party is in default hereunder as provided in paragraph 10(B), the non defaulting party shall have the right to bring an action against the other party to recover all actual damages suffered by the non defaulting party as a result of such default (but excluding consequential and special damages) and pursue such other rights and remedies as may be available under applicable law. 11. CLAIMS AND DISPUTES: A. This Agreement shall be construed, interpreted, controlled, governed and enforced in accordance with the laws of the State of Florida. B. The parties acknowledge that a substantial portion of the negotiations, anticipated performance, and execution of this Agreement occurred or shall occur in Hillsborough County, Florida and that each of the parties irrevocably and unconditionally; (i) agrees that any suit, action, or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the state courts of Hillsborough County or the United States District Court for the Middle District of Florida, Tampa Division; (ii) consents to the personal jurisdiction of such courts in any such suit, action or proceeding; and (iii) waives any objection it may have to the venue or personal jurisdiction of such courts in any such suit, action or proceeding. C. As a condition precedent to the institution of legal or equitable proceedings by either party, the parties shall engage in voluntary mediation. The parties shall equally share the mediator s fee. The mediation shall occur in Hillsborough County at a mutually convenient location. D. In connection with any litigation, either at law or in equity, arising out of this Agreement, the prevailing party shall be entitled to recover all costs involved; including reasonable attorney s fees and all such fees as may be incurred at the appellate level of any litigation as well as any post-judgment proceedings. 12. ASSIGNMENT: The Client shall not subcontract, assign, or transfer any rights or responsibilities under the Agreement or any portion thereof without the prior written approval of TBWA OJT On The Job Training Guidance Page 27 of 31

32 Business Service Unit STAFF DESK GUIDE 13. ORDER OF PRECEDENCE: In the event of any conflict between the provisions of this Agreement and the attachments and exhibits, the contents of the Agreement shall control over the contents of the attachments and exhibits. 14. MODIFICATIONS: Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by each of the parties to this Agreement. 15. SEVERABILITY: If any provision of this Agreement or the application hereof to any circumstance shall, to any extent, be deemed invalid or unenforewtble, the remainder of this Agreement, or the application of such provision to circumstances other than those to which it is held invalid or unenforewtble, shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 16. COUNTERPARTS AND FACSIMILE EXECUTION: This Agreement may be executed in counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same instrument. This Agreement may be executed by facsimile, and each such facsimile signature shall be deemed to be an original. If this Agreement has already been executed by one Party, it shall not be open for acceptance and execution by the other party after ten (10) calendar days following the date of the first signature of the other party. 17. MERGER: This Agreement constitutes and expresses the entire and integrated understanding and agreement between the parties hereto, superseding, incorporating and merging all prior understandings, agreements, and discussions relating to the transactions contemplated hereby, and no agreements, understandings, prior negotiations, prior discussions, warranties, representations or covenants not herein expressed shall be binding upon the parties OJT On The Job Training Guidance Page 28 of 31

33 Business Service Unit STAFF DESK GUIDE 18. REPRESENTATIVES: The Client Representative is: The TBWA Representative is: IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Agreement on the date and year hereafter written. TAMPA BAY WORKFORCE ALLIANCE BY: Date CLIENT BY: Date 12.1 OJT On The Job Training Guidance Page 29 of 31

34 On the Job Training (OJT) Program Job Order Form

35 JOB ORDER FORM Date: Federal ID# (FEIN): Federal Contractor: Yes No Company Name: Street Address: City: State: Zip Code: Contact Person and Title: Phone Number: Cell/Alternate: Fax Number: Address: Company Website Address: Worksite address, if different from above: Bus Line Yes No Route #: Position Title: # of Openings: # requested to interview: Length of experience desired: Job Description: (Please attach a document describing job duties, skills required, equipment used, physical demands, and working condition, if applicable.) Knowledge, Skills and Abilities Required: Years of Education: Minimum Age: Minimum Education/ Degree : Will accept trainee? Yes No How would your company/organization prefer to receive applicant/referral information (check all that apply)? online EFM Resume Mail online EFM Resume Apply at Jobs Center Apply in Person Company Application to be used Fax Resume Full-Time: hrs/week: Part-Time: hrs/week Temporary: hrs/week Length of Assignment: hrs/week Wages: Hourly Annually From: $ To: $ Weekly Monthly 1 st Shift Overtime Paid 2 nd Shift Times May Vary 3 rd Shift Rotating Shift Work Days: From: AM Sunday Monday Tuesday Wednesday Thursday Friday Saturday To: PM Benefits: (Check all that apply) Medial Ins Dental Ins Vision Ins Life Ins STD LTD AD&D Endorsements Required: Stock Plan 401 K Retirement Paid Vacation Paid Holidays Paid Sick Leave Other: Hiring Requirements: Valid Driver s License Own Tools Employment Test Given Physical Required Reference Check Criminal Background Credit Check Option 1- Any candidate can apply. Job order detail and contact information is displayed online. Computer Programs Required: Option 2- Only pre-screened candidates that meet minimum qualifications can apply. Contact information is not displayed online. Is this your first time posting a job with this service? Equal Opportunity Employer Career Ladder: Drug Screen Bondable MVR Check Max points Clean Driving Record CDL Class Reliable Transportation Would you hire someone with a criminal conviction? Yes No Misdemeanor? Yes No Felony? Yes No Depends: (Please Specify) Must Haves: Deal Breakers Rep: **** Staff Use Only **** Additional Comments: Industry: Tampa Bay WorkForce Alliance 9215 N. Florida Ave. Suite 103 Tampa, FL Phone Fax to:joborder@workforcetampa.com TBWA is an equal opportunity employer/ program. Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TYY Job Order Form Page 1 of 2

36 On the Job Training (OJT) Program Progress Report

37 OJT Progress Report Please submit an OJT Progress Report for each employee at monthly intervals with your invoice and payroll register. Fax to , mail, or to Lauren Green, EWT/OJT Coordinator, Date of Report: Company Name: Name of Employee: Social Security Number (last four): Report prepared by: Title: Please answer yes or no and write your comments. 1-Did the employee begin training as planned? 2-Is the OJT Training continuing successfully? 3- If no please explain? 4-Did the employee gain new skills as a result of the OJT Training? 5-Do you plan to retain this employee? General report: Comments:

38 On the Job Training (OJT) Program Sample Invoice

39 OJT Sample Invoice Template YOUR LETTERHEAD HERE Invoice Invoice Date: xx/xx/xx To: Tampa Bay WorkForce Alliance Attn: CEA/ OJT Coordinator 9215 N. Florida Ave., Suite 103 Tampa, FL Invoice Number: xxx Training for the Period From: xxxxx - xxxxx Re: OJT # ### Trainee Name Training Wages for Time Period TBWA Billed Amount (50%) Total Amount for Reimbursement: $0, Payroll Register / Summary Attached Authorized Client Representative Signature Date