HomeMy WebLinkAbout20153716.tiff RESOLUTION
RE: APPROVE STANDARD FORM FOR ON-THE-JOB TRAINING AGREEMENT
BETWEEN THE WELD COUNTY DIVISION OF EMPLOYMENT SERVICES AND
VARIOUS PROVIDERS AND AUTHORIZE DIRECTOR OF THE DEPARTMENT OF
HUMAN SERVICES TO SIGN DOCUMENTS CONSISTENT WITH SAID FORM
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board, sitting as the Weld County Board of Human Services, has been
presented with the form of an On-the-Job Training Agreement between the Weld County
Department of Human Services, Division of Employment Services, and various providers, and
WHEREAS, after review, the Board deems it advisable to approve said form, a copy of
which is attached hereto and incorporated herein by reference, and to delegate standing authority
to the Director of the Department of Human Services to execute individual agreements between
the Department of Human Services, Division of Employment Services, and various providers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, sitting as the Weld County Board of Human Services, that the form of said
On-the-Job Training Agreement between the Weld County Department of Human Services,
Division of Employment Services, and various providers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Director of the Department of Human
Services be, and hereby is, authorized to sign any agreements consistent with said form.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of November, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
r � WELD COUNTY, COLO DO
ATTEST: ddrAtiv
arbara Kirkmeyer, hair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
De utV Clerk to the Bo.rd l\•vE fL ��-
n P. Conway
P VED A��'"O ( ��
A . — -�Ait;IP • ...N. / ,
ounty •ttorney _ j r
Steve Moreno
Date of signature:
19-k.
fist ��8 2015-3716
HR0086
MEMORANDUM
DATE: November 24, 2015
1861
11j` c TO: Board of County Commissioners—Pass-Around
FR: Judy A. Griego, Director, Human Services
ih CO0N ? YY
RE: Weld County Department of Human Services' Employment
Services On The Job Training Form
Request Board Approval of Employment Services' On The Job Training Form. This is an
update and modification of the current On The Job Training (OJT) form used under the
Workforce Innovation and Opportunity Act(WIOA)programs. Employment Services' goal of
the OJT activity is to support the Employer in employing participants where they may not
otherwise be able to do so with an anticipated outcome of full-time paid employment. The
Employer will provide a wage to a participant similar to that of any other regular employee, and
Employment Services will provide a reimbursement to the Employer for a certain period of
time;this is employer dependent. In addition,the Department is requesting that the Director of
Human Services, Judy Griego, be authorized to sign the OJT forms on behalf of the County.
cW/6.. 51/lam
Memorandum; November 24, 2015 Page 1
ON-THE-JOB TRAINING AGREEMENT
EMPLOYER SPONSOR
Name: Employment Services of Weld County
PO Box 1805
Street: 315 North 11th Ave., Bldg. B
Greeley, Colorado 80632
City, State, Zip: Agreement Number:
Telephone: Training Period: From To
Trainer's Name:
Trainee's Name:
Employment Services of Weld County, hereinafter called"Employment Services",and the company named above,
hereinafter called"Employer", mutually agree to participate in the On-the-Job Training Program based on a"hire
first concept", and abide by the On-the-Job Training Terms and Conditions(Attachment A), and the On-the-Job
Training Plan (Attachment B).
The Employer is required to comply with statutes, regulations and other rules as indicated in Attachment A.
The Employer shall provide employment,On-the-Job Training,and other services as specified in the Training Plan.
Reimbursement by Employment Services to the Employer shall not exceed a total of$ ,for hours.
Training reimbursement is based on up to % of the hourly wage of$
The aforementioned attachments(Attachment A,Attachment B)are hereby made a part of this Agreement and
incorporated herein.
The Employer is required to evaluate and document the trainee's progress as outlined in Attachment A, Section X,
TRAINEE EVALUATION PROCEDURE.
Employment Services and the Employer will abide by the Assurances outlined in Attachment A.
This Agreement may not be assigned by either party hereto.
DEPARTMENT OF HUMAN SERVICES EMPLOYER
Department Director Date Signature of Authorized Representative Date
Employment Services Division Head Date Typed Name and Title Date
Employment Services Representative Date Signature of Union Representative(if applicable) Date
WHITE COPY: Employment Services YELLOW COPY: Employer 2015-3716
(REV. 11/15)
ON-THE-JOB TRAINING (OJT)
Attachment A
Page 1 of 4
TERMS AND CONDITIONS
I. ASSURANCES
A. The Employer shall comply with all requirements listed herein which are applicable to the operation and
administration of the On-the-Job Training(OJT) Program.
B. The Employer assures that they will comply with the Title VI of the Civil Rights Act of 1986, and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation
in,be denied the benefits of,or be otherwise subjected to discrimination under this approved Agreement.
C. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their
officers or employees may possess, nor shall any of this Agreement be deemed to have created a duty
of care with respect to any persons not a party to this Agreement.
D. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld,
State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
E. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason
held or decided to be unconstitutional, such decision shall not affect the validity of the remaining
portions. The parties hereto declare that they would have entered into this Agreement and each and
every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared
to be unconstitutional or invalid.
F. No officer, member or employee of Weld County and no member of their governing bodies shall have
any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
G. The Employee assures that sufficient, auditable, and otherwise adequate records that will provide
accurate, current, separate, and complete disclosure of the status of the funds received under the
Agreement are maintained for five(5)years or the completion and resolution of an audit. Such records
shall be sufficient to allow authorized local, Federal,and State auditors and representatives to audit and
monitor the Employer.
H. The Employer assures that authorized local, Federal, and State auditors and representatives shall,
during business hours, have access to inspect and copy records, and shall be allowed to monitor and
review through on-site visits,all contract activities supported with funds under this Agreement,to ensure
compliance with the terms of this Agreement.Contracting parties agree that monitoring and evaluation of
the performance of this Agreement shall be conducted by appropriate funding sources.The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested parties.
I. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives,
and assigns. The Employer or Employment Services may not assign any of its rights or obligations
hereunder without the prior written consent of both parties.
J. The Employer certifies that Federal appropriated funds have not been paid or will not be paid, by, or on
behalf, of the Contractor, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, loan, grant, or cooperative agreement.
WHITE COPY: Employment Services YELLOW COPY: Employer
(REV. 11/15)
ON-THE-JOB TRAINING (OJT)
Attachment A
Page 2 of 4
K. The Employer assures that it will fully comply with all applicable Federal and State laws, rules, and
regulations.
L. The Employer assures and certifies that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
2. Have not, within a three-year period preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or Local)with commission of any of the offenses enumerated in paragraph L(2)of
this certification; and
4. Have not,within a three-year period preceding this Agreement, had one or more public transactions
(Federal, State, or Local)terminated for cause or default.
M. The Employer shall comply with all requirements of the Occupational Safety and Health Administration
(OSHA),the Davis-Bacon Act,the Fair Labor Standards Act,and the American Disabilities Act,and shall
inform Employment Services of any violations.
N. The Employer shall provide collective bargaining agreement coverage, benefits,and working conditions
at the same level and to the same extent as for other employees similarly employed.
O. The Employer shall assure the availability of all necessary equipment and personnel to provide training
as outlined herein.
P. The Employer, in operating or in fulfilling the OJT Agreement, assures administration of the Agreement
in full compliance with safeguards against fraud and abuse.
Q. The Employer shall have a current workers compensation policy number and provide coverage to the
same extent as for other employees similarly employed.
R. The Employer shall assure compliance with maintenance of effort provisions. Hiring of trainee will not
result in the displacement of their employed workers or impair existing contracts and services.
S. The Employer shall assure compliance with the Weld County Nepotism Policy.
T. The Employer shall assure that this OJT is not being used to assist in relocating the business or a part
thereof.
U. A temporary employment agency may serve as the employer of record for purpose of providing OJT to a
participant in employment only when such participants are treated as all other agency employees and
not when such agency provides probationary seasonal, temporary, or intermittent employment.
WHITE COPY: Employment Services YELLOW COPY: Employer
(REV. 11/15)
ON-THE-JOB TRAINING (OJT)
Attachment A
Page 3 of 4
II. UNION CONCURRENCE
Employment Services and the Employer shall obtain concurrence of the collective bargaining representative,
if applicable.
III. CANCELLATION/PENALTY
A. If the Employer does not comply with the OJT Agreement requirements, Employment Services shall, as
appropriate, cancel the Agreement in whole or in part or the Employer may be subject to forfeiture of
reimbursement funds.
B. The Employer may cancel the OJT Agreement for cause, provided rights of trainees are not violated.
When possible,two (2)weeks'notice shall be given to the affected trainees.
IV. AGREEMENT MODIFICATIONS
A. Modification requests must be submitted for any of the following reasons:
1. Extension of the ending date of the OJT Agreement.
2. Increases in salary which results in additional training costs.
3. Changes in the Training Plan.
B. Modification requests require the Employers signature.
C. Modification requests must be approved by an Employment Services Representative. Requests for
extensions must be submitted two(2)weeks prior to the OJT Agreement ending date.
V. REIMBURSEMENT FOR TRAINING COSTS
A. Training costs shall be reimbursed on a monthly basis following processing of the OJT Individual Invoice
form, which must be submitted by the Employer by the 5th day of the month after training costs are
incurred. Reimbursement shall be made only for training or any other costs identified in the Training
Plan.
B. The Employer is required by State and Federal law to pay time-and-a-half to all employees that work
over 40 hours a week; this is not a reimbursable cost by Employment Services.
C. The maximum allowable amount of reimbursement shall be 50% of the trainees wages during the
training period, with total amount of reimbursement not to exceed the amount agreed upon in this
Agreement.
VI. MONITORING
The Employer shall be subject to various monitoring and evaluation requirements to be conducted as
deemed necessary by the appropriate Employment Services staff,the Weld County Workforce Development
Board, or the Colorado Department of Labor and Employment.
The Employer shall maintain adequate time and attendance, payroll, and other records to support amounts
reimbursed under OJT Contracts.
WHITE COPY: Employment Services YELLOW COPY: Employer
(REV. 11/15)
w
ON-THE-JOB TRAINING (OJT)
Attachment A
Page 4 of 4
VII. CORRECTIVE ACTION
If the Employer is found to be in non-compliance with the conditions set forth herein or if deficiencies are
identified, the Employer shall be required to submit a Corrective Action Plan acceptable to Employment
Services within ten (10) days of the notice of non-compliance or deficiency. Employment Services reserves
the right to terminate this Agreement upon failure of the Employer to abide by the Corrective Action Plan.
VIII. LIABILITY
All financial obligations of Employment Services are hereby made expressly conditional upon funds being
appropriated, budged, and otherwise made available to Employment Services by the US Department of
Labor and the State of Colorado. In the event that such funding is not forthcoming, the Employer hereby
agrees to release Employment Services from all liability whatsoever and will not hold Employment Services
responsible for payment of any costs or expenses incurred by the Employer in reliance upon this Agreement.
IX. AUDITS AND RECORDS
Employment Services, the Colorado Department of Labor and Employment, or any of their duly authorized
representatives shall have access to any books, documents, papers, and records which are pertinent to this
Agreement for the purpose of making audit examinations, excerpts, and transcripts. All records shall be
retained for five(5) years beyond the close of the Federal grant under which the program is funded.
X. TRAINEE EVALUATION PROCEDURE
The Employer shall conduct and submit to Employment Services, evaluation forms regarding the Trainees
progress/performance.The evaluation forms will be provided to the employer at the onset of the agreement.
WHITE COPY: Employment Services YELLOW COPY: Employer
(REV. 11/15)
ON-THE-JOB-TRAINING (OJT)
Attachment B
ON THE JOB TRAINING PLAN
Agreement Number: Company Name:
Total Training Hours: Trainee Name:
Total Funds Allocated: Social Security Number:
Starting Date: Ending Date:
Job Title: DOT/ONET Code:
Number of participants to be Trained:
Brief Job Description:
Job Duties to be Trained: Hours
The above will be provided by: Title:
Specialized Training Items: Cost:
(Classes, books,tuition)
Special Tools/Clothing Needed: Cost:
Case Manager Signature Date
Employers Signature Date
Participants Signature Date
White Copy: Trainee File Yellow Copy: Employer Pink Copy: Fiscal Goldenrod: Trainee
I I
Insert OJT Provider Name Here
On-the-Job Training (OJT)Training Plan
OJT Contract No:
Training Plan No:
Section 1: Contact and OJT Information
Complete the contact information for the Employer and the Trainee.
EMPLOYER NAME: CONTACT PERSON: TELEPHONE#:
TRAINEE NAME: EMAIL: TELEPHONE#:
BEGINNING DATE: END DATE: TOTAL TRAINING HOURS:
HOURLY WAGE RATE:$ REIMBURSEMENT RATE: % MAXIMUM REIMBURSEMENT:$
Section 2: Occupational Information
Complete the occupational information for the Trainee's skill level.
JOB TITLE: O*NET SOC#: HOURS/WEEK:
JOB DESCRIPTION:
REQUIRED JOB SKILLS FOR OCCUPATION: STARTING CAPABILITY:
DATE MEASURED
1.JOB SKILL NEEDED NOT SKILLED:O
SOME SKILL:O
SKILLED:O
2.JOB SKILL NEEDED NOT SKILLED:O
SOME SKILL:❑
SKILLED:O
3.JOB SKILL NEEDED NOT SKILLED:❑
SOME SKILL:❑
SKILLED:❑
4.JOB SKILL NEEDED NOT SKILLED:❑
SOME SKILL:O
SKILLED:O
5.JOB SKILL NEEDED NOT SKILLED:❑
SOME SKILL:❑
SKILLED:O
OJT Toolkit(htta://oittoolkit.workforce3one.org) Page 1
Section 3: Training Information
Complete the training outline and estimated time for each skill.
SKILLS TO BE LEARNED: ESTIMATED END CAPABILITY
TRAINING HOURS: DATE MEASURED
1.SKILL TO BE LEARNED ESTIMATED TRAINING BEGINNING:0
HOURS INTERMEDIATE:0
SKILLED:0
2.SKILL TO BE LEARNED ESTIMATED TRAINING BEGINNING:0
HOURS INTERMEDIATE:0
SKILLED:0
3.SKILL TO BE LEARNED ESTIMATED TRAINING BEGINNING:0
HOURS INTERMEDIATE:0
SKILLED:0
4.SKILL TO BE LEARNED ESTIMATED TRAINING BEGINNING:0
HOURS INTERMEDIATE:0
SKILLED:0
5.SKILL TO BE LEARNED ESTIMATED TRAINING BEGINNING:0
HOURS INTERMEDIATE:❑
SKILLED:0
LIST SUPPLIES AND TOOLS NEEDED FOR TRAINING:
Section 5: Signatures
All parties agree to provide or obtain training for the skills outlined in this Training Plan.
Authorized Signatures
DATE:
TRAINEE SIGNATURE:
TYPE/PRINT NAME:
DATE: DATE:
EMPLOYER SIGNATURE: OJT PROVIDER SIGNATURE:
TYPE/PRINT NAME: TYPE/PRINT NAME:
TITLE: TITLE:
Disclaimer: The tools,templates,and information provided in the OJT Toolkit serve as a general guide for states and local areas.
Although every effort is made to ensure that the material within this web site is accurate and timely,we make no warranties or
representations as to the accuracy or completeness of the contents,whether the contents are current,or free from changes
caused by third parties.All information is provided"as is"without warranty of any kind.No information provided in this site may
be considered legal advice and it is the responsibility of each user of the OJT Toolkit materials to ensure that the materials meet
all federal,state and local requirements.Use of the materials does not imply compliance with ETA requirements.
OJT Toolkit(httD://oittoolkit.workforce3one.org) Page l z
OJT Contract No:
On-the-Job Training (OJT) Training Plan Evaluation
EVALUATION PERIOD
1ST MONTH ❑ DATE
MIDTERM ❑ DATE
END OF TERM ❑ DATE
Contact and OJT Information
EMPLOYER NAME: CONTACT PERSON: TELEPHONE#:
TRAINEE NAME: EMAIL: TELEPHONE#:
BEGINNING DATE: END DATE: TOTAL TRAINING HOURS:
Training methods are determined by the employer and may include expert demonstrations,supervised hands on
training,job coaching,or other methods determined by the employer to be beneficial in imparting the knowledge and
skills need to successfully perform the job. This evaluation is being used to determine the success of the training and
determine whether the OJT participant has acquired the skills identified in the OJT Agreements Training Plan.
Determination whether the employee has acquired the skill is made by the employer or their designated representative.
Employer Monitoring will be conducted by the Employment Services case manager to ensure adequate employer
participation for the OJT. The Employee Performance Evaluation will be based upon information provided by the
employer to ensure the employee is meeting all additional qualifications for the job in addition to training.
Training Plan Information
SKILLS TO BE LEARNED IDENTIFED IN TRAINING PLAN: ESTIMATED END CAPABILITY
TRAINING HOURS: DATE MEASURED
1. ESTIMATED TRAINIG BEGINNING:0
TIME INTERMEDIATE:0
SKILLED:0
2.; ESIMATED TRAINING BEGINNING:0
TIME INTERMEDIATE:0
SKILLED:0
3. ESTIMATED TRAINING BEGINNING:❑
TIME INTERMEDIATE:0
SKILLED:0
4. ESTIMATED TRAINING BEGINNING:0
TIME INTERMEDIATE:0
SKILLED:0
5. ESTIMATED TRAINING BEGINNING:0
HOURS INTERMEDIATE:0
SKILLED:0
Employer Monitoring
CRITERIA YES NO
DOES THE EMPLOYER ADHERE TO THE CONTRACT PROVISIONS?
DOES THE EMPLOYER PROVIDE ADEQUATE TRAINING?
DOES THE EMPLOYER MAINTAIN ADEQUATE TIME AND ATTENDANCE REPORTING RECORDS?
IS THE EMPLOYER ADHERING TO THE TRAINING OUTLINE?
DOES THE EMPLOYER DISPLAY AN ADEQUATE RESPONSE TO MONITORING?
DOES THE EMPLOYER PAY ATTENTION TO SAFETY AND HEALTH CONSIDERATIONS?
Employee Performance Evaluation
OJT Contract No:
CRITERIA YES NO
DRESSES APPROPRIATELY
GETS ALONG WITH CO-WORKERS
GETS ALONG WITH MANAGEMENT
ARRIVES TO WORK ON TIME
ATTENDS AS SCHEDULED
DISPLAYS POSITIVE ATTITUDE
FOLLOWS INSTRUCTIONS
COMPLETES ASSIGNED TASKS
ADDITIONAL COMMENTS OR CONCERNS:
Signatures
All parties agree to provide or obtain training for the skills outlined in the Training Plan and work on resolution of any
identified issues.
Trainee Signature Date:
Employer Signature Date:
M n rSignature Case a age Date:
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