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$: workforce CONN£CTIONS€¦ · General Policies ADW-030-09 Customized Training (CT) "' ReMSt!d:\ Policy Approved By: WC Executive Director I \ \ l Policy Adopted on: August 01, 2013$
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Workforce Connections General Policies ADW-030-09 Customized Training (CT)

"' ReMSt!d: \

Policy Approved By: WC Executive Director I \ \ l Policy Adopted on: August 01, 2013 ,..

Purpose: To establish Workforce Connections' re arl the Adult and Dislocated Worker WC Polic ( ) y g g Program: Customized Training

Background: As indicated in the Workforce Investment Act (WIA) Section 101(8) Customized Training means training that: A) is designated to meet the special requirements of an employer (including a group of employers); B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and C) for which the employer pays for not less than 50 percent of the cost of training. Service Providers currently under contract with Workforce Connections and receiving WIA Title I formula funds shall follow this policy and must establish written procedures that meet the requirements of this policy.

Policy: Workforce Connections has established that all Adult and Dislocated Workers who have been first determined Eligible for WIA Title I services may be approved for Customized Training when: A) training program is designed to meet the especial requirements of an employer or a group of employers; B) The training is conducted with a commitment by the employer(s) to employ, or in the event of those who are currently employed, to continue to employ program participants after successful completion of the training program.

This policy applies to all Workforce Connections' Service Providers providing WIA Title I services to Adult and Dislocated Workers.

Reference: PL 105-220 - WIA [Section 101. (8)(A)(B)(C)] [20 CFR §663.715; §663.720; §663.730] [WIA State Compliance Policy i.14]

A. Customized Training for Employed Individuals Training for an individual who is currently employed may be provided when: A) the individual is not earning a self-sufficiency wage, as determined by Workforce Connections; B) the training relates to the introduction of new technologies, introduction of new production or service procedures, upgrade to new jobs that require additional skills, workplace literacy, or other appropriate training approved by Workforce Connections.

B. Customized training Agreement All customized training agreements must be approved by Workforce Connections prior to the commencement of the customized training activity.

I Workforce Connections Policy ADW-030-09 I I Adult & Dislocated Worker Program

Workforce Connections is an equal opportunity employer/ program.

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I. General Provisions for Customized Training Customized Training - Definitions

Addendum-1

A. The training is designed to meet the special requirements of an employer (or group of employers).

B. The training is conducted with a commitment by the employer to employ, or in the case of incumbent workers, continue to employ trainees upon successful completion of the training program.

C. The employer pays no less than 50 percent of the cost of training program.

D. The training program takes place at the job site or off site; is conducted by either the employer, or by trainers that have been retained by the employer.

II. Customized Training - Service Requirements

A. Training services may be provided through community colleges, local area vocational/technical centers, State universities, or licensed and certified private institutions.

B. Customized training may be conducted at the business facility, the training provider's facility, or at a combination of sites.

C. Instructors can be either full or part-time educators, or professionals from the local business community.

D. Reimbursable training expenses: 1. Delivery of training 2. Textbooks and instructional manuals

E. Non-reimbursable training expenses include: 1. Instructors/Trainers salaries for the actual time of instruction/training 2. Curriculum development costs 3. Training equipment 4. Travel expenses for instructors/trainers 5. Purchase of capital equipment (production equipment)

F. Successful completion of the customized training must be documented, trough an employer "Certificate of Completion". Workforce Connections may require from the employer, an additional "industry accepted" credential.

G. The employer must, at a minimum, provide a fifty percent (50 %) match for the expenses of the training project. Otherwise a waiver is in place. DOL approved waivers can be found at below link: http ://wa ivers.doleta .gov /wa iversea rchadva need .cfm

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III. Customized Training General Guidelines

Addendum-1 Continuation

Customized training (CT) will be available to Workforce Investment Act (WIA) eligible Adult and Dislocated Worker participants. The same level of service (Core A, Core B/Intensive and Training) required for individual training accounts and On the Job training programs shall be completed prior to enrollment in customized training activities.

A. Customized training programs shall only be approved for participants who have been properly assessed, who have at least received core and intensive services and where an individual employment plan has been developed with a case manager to identify and document participant skills, interests, need for training, and employment goals.

B. The case file must contain a determirlation of need for training services under [20 CFR §663.310] as identified in the individual employment plan (IEP), where the participant and case manager will identify employment goals, appropriate achievement objectives, and the appropriate combination of services for the participant to achieve the employment goals, WC - Policy ADW-030-03.

C. In determining the appropriateness of the need for customized training, consideration should be given to the skill requirements of the occupation, employer requirements, the academic and occupational skill level of the program participant, prior work experience, and the IEP. A skills gap analysis is required at this time [Attachment B].

D. A comprehensive training plan must be developed prior to CT program start, the description of training must indicate the occupational areas or skills the participant will be trained to perform, specific measurable objectives, along with number of hours of training required to obtain those skills and the criteria for measuring and monitoring the attainment of those skills. Once skills have been identified and a method for measuring them has been established, trainee progress can be determined [Attachment C].

E. Workforce Connections' Service Providers must not contract with an employer who has previously exhibited a pattern of failing to provide CT program participants with continued long-term employment wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work WIA [Section 195 (4)].

F. All information required by Federal, State and local reporting requirements must be collected for each individual receiving services other that core self-service or informational services, including documentation of each eligibility requirement for the type of service that the individual has received. The appropriateness of any service provided to an eligible program participant should be documented in the Individual Employment Plan, IEP, and should show a clear linkage between the provided service and potential improvement in the participant's employability or career - objective goals.

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IV. Customized Training - The Employer


The CT must be provided under an agreement with an employer in the public, private nonprofit, or private sector. Prior to entering into a CT agreement with the employer, a prescreening and/or pre-award assessment must be conducted to ensure that the employer meets the minimum standards and can provide both training and long-term employment to CT participants.

The pre-screening and/or pre-award assessment must include at a minimum:

A. Compliance

1. Federal, State and local regulations 2. Fair Labor Standards Act of 1938 3. Non-discrimination and equal opportunity provisions of WIA and its regulations 4. Americans with Disability Act 5. Health and safety standards 6. State workers' compensation law requirements

B. Assurances:

1. The company has not exhibited a pattern of failing to provide CT participants with continued long-term employment.

2. The company verifies that WIA funds will not be used to relocate operations in whole or part.

3. The company has operated at current location for at least 120 days, or has planned a new or expands operations within the local area.

4. The company commits to providing employment for successful CT trainees 5. WIA - CT funds will not be used to directly or indirectly assist, promote or deter

union organizing. 6. The company must furnish information, including the company's IRS identification

number, State Unemployment Insurance Account Number, and proof that all CT trainees will be covered under Workers' Compensation.

7. The company must certify that neither the employing company nor its principals are presently debarred, suspended, proposed for debarment, declare ineligible, or excluded from participation by and Federal Department or Agency.

8. CT trainees shall not displace (including a partial displacement, such as a reduction of hours of non-overtime work, wages, or employment benefits) any current employee, as of the date of the training agreement or contract.

9. CT funding will not be approved for any company that has relocated until 120 days after the relocations, if that relocation resulted in the loss of employment for any employee at the previous location, and the previous location was within the United States.

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C. To verify that an establishment which is new or expanding is not relocating employment from another area, the pre-award review must include names under which the establishment does business, including predecessor and successors in interest; the name, title, and address of the company's official certifying the information, and whether WIA assistance is sought in connection with past or impeding job losses at other facilities, including a review of whether WARN notices relating to the employer have been filed (WIA sec. 181(d))

Note: 1. Pre-Award assessment form - [Attachment A]

As indicated in [20 CFR §667.270]: What safeguards are there to ensure that participants in WIA employment and training activities do not displace other employees?

1. A participant in a program activity authorized under Title I of WIA must not displace (including partial displacement, such as a reduction on the hours of non-overtime work, wages, or employment benefits) any currently employed employee (as of the date of the participation).

2. A program or activity authorized under Title I of WIA must not impair existing contracts for services or collective bargaining agreements. When a program activity authorized under Title I ofWIA would be inconsistent with a collective bargaining agreement, the appropriate labor organization and employer must provide written concurrence before the program or activity begins.

3. A participant in a program or activity under Title I ofWIA may not be employed in or assigned to a job if: (1) Any other individual is on layoff from the same or any substantially equivalent job; (2) The employer has terminated the employment of any regular, unsubsidized employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the WIA participant; (3) The Job is created in a promotional line that infringes in any way on the promotional opportunities of currently employed workers.

4. Regular employees and program participants alleging displacement may file a complaint under the applicable grievance procedures found at [20 CFR §667.600]; [WIA sec. 181].

V. Customized Training - The Agreement

Must be fully executed, and will not be considered valid unless it is properly signed and dated by both the Employer and the Service Providers representative. A copy of the fully executed CT agreement must be part of the program participant's file.


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A. Required Support Documentation:

1. Properly completed CT pre-award assessment.


2. Copy of company's certificate ofliability insurance - both commercial/industrial and workers' compensation.

3. CT Agreement. 4. Skill gap analysis. 5. Training plan - progress evaluation report. 6. Copy of job description. 7. Copy of employer commitment to hire CT participant. 8. Copy of attendance records - signed by Employer and CT trainee (legible copies). 9. Copy of employer's invoices (legible copies). 10. Copy of payment to employer.

VI. Customized Training Agreement Guidelines The following information must be provided to Workforce Connections for customized training funding consideration under WIA Title I funds.

A. Name and address ofrequesting organization, business, or agency.

B. Contact information, title, and telephone number, fax number and e-mail address.

C. Cost of the proposed training program: 1. Total cost of the training program 2. Total WIA funds requested 3. Total employer contribution (describe in detail)

D. Description of proposed training program: 1. Need of training 2. Occupational demand for trained individuals 3. Type of training to be provided 4. Length of proposed training 5. Location of training site 6. Target group for training 7. Number of individuals to receive training

E. Training plan: 1. Objectives of the training program 2. Specifics skills to be learned 3. Method of instruction 4. Measurement of objectives and skill attainment for trainees

F. Employer involvement and commitment 1. Curriculum design meeting needs of the employer.


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2. Written commitment of the employer to employ WIA participants who successfully complete the training program.

G. Employer requirements for customized training for incumbent workers 1. Item A (page 1) of this policy must be met

H. Budget: 1. Provide a narrative explaining how the funds will be utilized 2. Provided an itemized budget

VII. Occupational Eligibility

Customized training is allowable for occupations which are consistent with the participant's capabilities, are in demand occupations which will lead to local employment opportunities enabling the participant to become economically self-sufficient and which will contribute to the occupational development and upward mobility of the participant on a career pathway.

A. Occupations selected for customized training shall meet, at the time of completion or per company policy, the following: 1. Full time permanent positions (minimum of 32 hours per week); 2. All participants shall be provided benefits and working conditions at the same level

and to the same extent as other working employees working a similar length of time and doing the same type of work. This will include unemployment compensation where the employer is normally required to provide such coverage to its employees; and

3. The position provides the participant benefits per company policy which have a monetary value (e.g., insurance, paid leave) other than those required by law.

B. Occupations under which individuals may not participate in customized training include, but are not limited to the following: 1. Occupations depending on commission as the primary income source; 2. Professional occupations for which the trainee already possesses a license (e.g., real

estate agent, insurance agent); 3. Occupations dependent on tips or gratuities as the primary income source; 4. Occupations which provide for only temporary or intermittent employment; 5. Occupations with high labor turnover; 6. Occupations in lower wage industries where prior skill or training is not prerequisite

for hiring; 7. Occupations which lead to relocation of establishment from one area to another; 8. Seasonal occupations; and 9. Occupations with a substantial number of experienced and able workers who are

presently unemployed.

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WIA Adult and Dislocated Workers Program Customized -Training (CT Pre-Award Checklist)

Attachment A Section 1: Employer Information Complete the following Employer information.

Employer Legal Business Name:

FEIN#:

Contact Person: Title:

Address:

City: State: Zip:

Phone#: Fax#: E-Mail:

Type of Organization: Limited Liability Corporation D For Profit: D Individual: D Partnership: D

Company NAICS Code: #of Current Employees:

Years in Existence:

Is the Business being sold or merging with another company? Yes: D No:D

Section 2: Company Review

1) WARN notices have previously been filed Yes: D No: D

2) The company has not exhibited a pattern of failing to provide CT Trainees with continued long-term employment

Yes: D No: D

Section 3: Meeting WIA Criteria

1) Company verifies WIA funds will not be used to relocate operations in whole or in part

Yes: D No: D

2) Company has operated at current location for at least 120 days Yes: D No: D

3) Ifless than 120 days and the business relocated from another area in the U.S., were employees laid off at the previous location as a result of the relocation?

Yes: D No: D

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4) Company commits to providing long-term employment for successful CT Trainees

Yes: D No: D

5) CT funds will not be used to directly or indirectly assist, promote or deter union orgamzmg

Agree:O Disagree:D

6) The CT will not result in the full or partial displacement of employed workers

Yes: D No: D

7) Trainee wages to be paid are at least equal to:

a. The Federal, State or local minimum wage (Fair Labor Standards Act) Yes: D No: D

b. Other employees in the same occupation with similar experience Yes: D No: D

8) Trainees will be provided the same workers' compensation, health insurance, unemployment insurance, retirement benefits, etc. as regular employees

Yes: D No: D

a. Worker' compensation company: b. Account #: c. Effective dates: to

9) The employer will comply with the non-discrimination and equal opportunity provisions ofWIA and its regulations. Item 1(b)(I)(c) and 1(b)(I)(d)

Section 4: Signatures Authorized Signatures

Yes: D No: D

I hereby certify that the above information is, to the best of my knowledge, true and correct. Employer: Date: Type/Print Name: Date: Signature: Title:

The outcome of this pre-award interview: Employer meets all requirements of the CT pre-award. Yes: D No: D CT Provider: Date: Type/Print Name: Date: Signature and title: Title:

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Employer:

Address:

City:

Contact person:

CT Participant Name:

CT Contract #

Incumbent Skills

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WIAAdult and Dislocated Workers Program Skill Gap Analysis (SGA)

Attachment B (use additional sheet if needed)

State: Zip:

Title:

Position:

Required Skills Skills Gap [Yes or No] please explain:

CT recommended time: CT reimbursement recommended %rate: 50%

Service Provider: Type/Print Name

Date:



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WIAAdult and Dislocated Workers Program Training Plan Development and Implementation

Attachment C Section t: Contact and CT information (Complete the contact information for the Employer and Trainee)

Employer: Contact Name: Phone:

Trainee:

CT start date:

Hourly wage rate:

E-mail:

CT end date:

Reimbursement rate: 50%

Phone:

Total training hours:

Maximum reimbursement: $

Section 2: Occupational Information (Complete the occupational information for the trainee's skills level)

Job Title: O*NET: Hours/Week: Required Job Skills for occupation: Measured:

Job skill needed:

Skills attained? Yes: D No: D

Job skill needed:


Job skill needed:


Section 3: Trainee's ending capabilities (To be completed by the Employer)

Meets the employer's standard for the position: (please provide brief explanation)

Yes: D No: D

Employer recommendations (e.g., tools needed, uniform, etc)

Yes: D No: D

Section 4: Signatures All parties agree to provide or obtain training for the skills outlined in this training plan Authorized Signatures:

Trainee / Date Service Provider / Date

Employer / Date



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Workforce Connections Adult and Dislocated Workers Program Workforce Investment Act - WIA Title I

Customized Training (CT) Master Agreement

AGREEMENT made by and between Service Provider: Address: Las Vegas Nevada 89 ... Phone: (702) 000-000 Fax: (702) 000-000

Contact: Phone: (702) Title:

1. Employer Federal I.D. Number:

2. Name of Referring Person:

AGREEMENT# Employer: Address: Las Vegas Nevada 89 ... Phone: (702) Fax: (702)

Contact: Phone: Title:

3. Term of CT AGREEMENT: From: Through:

4. Consideration: Payments of CT reimbursement to Employer [training Provider] will be dependent upon the total number ofWIA Title I program participants' hired/trained by Employer, the established CT reimbursement rate, and the duration of each program participant's CT, as set forth under the terms and conditions of this CT AGREEMENT.

5. This AGREEMENT consist of all items and exhibits attached and/or referenced, all of which have been examined and agreed upon by the parties, as evidenced by their signature.

Workforce Connections

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Name: Title:

Date:

I Workforce Connections Policy ADW-030-09 I

Employer

BY:

Name Title

Date:

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GENREAL TERMS AND CONDITIONS

I. PURPOSE OF CT MASTER AGREEMENT. The purpose of this AGREEMENT is to establish the general terms and conditions under which Workforce Connections may refer to "Employer" identified eligible WIA Title I program participant(s) to enable them to take part in a CT program as that term is defined under the Workforce Investment Act (WIA).

II. CUSTOMIZED TRINING DEFINED. As indicated in the Workforce Investment Act (WIA) Sec. 101(8) Customized Training means training that: A) is designated to meet the special requirements of an employer (including a group of employers); B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and C) for which the employer pays for not less than 50 percent of the cost of training.

III. UNDER WIA AND ITS GUIDING REGULATIONS CUSTOMIZED TRAINING of an eligible employed individual may be provided when: A) the individual is not earning a self-sufficiency wage, as determined by Workforce Connections; B) the training relates to the introduction of new technologies, introduction of new production or service procedures, upgrade to new jobs that require additional skills, workplace literacy, or other appropriate training approved by Workforce Connections.

IV. CT REFERRAL FORM. Once a CT has been arranged with the Employer, the employer liaison working together with Workforce Connections will generate a "CT REFERRAL FORM" (CTRF) that will be properly signed by the Employer and Workforce Connections. Execution of the CTRF authorizes the program participant, or multiple program participants, to begin the CT at Employer's facility or Training Provider's facility and for Workforce Connections fiscal department to generate the reimbursement payment established in the CTRF.

V. STATEMENT OF TRAINING. Employer agrees to employ/continue to employ the CT participant(s) upon successful completion of the CT.

VI. CAERTIFICATE OF SKILLS ATTAINMENT. Employer agrees to certify the skills and accomplishments obtained by the program participant(s). Employer agrees to provide each participant with a certificate of Skills Attainment for the CT hours, and skills tasks obtained during the CT program.

VII. Employer of Record. As indicated in WIA, Employer must hired or continue to employ and maintain CT program participant(s) as a regular member of Employer's workforce, subject to the same conditions of employment as Employer's other regular employees. The expectation is that Employer will retain the participant(s) in unsubsidized employment after the participant(s) CT ends at a wage no less than the wage in place at the termination of the CT program. M

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A. In addition to being the participant's employer of record (for new hires) and placing the participant(s) en Employer's regular payroll, Employer hereby represents and asserts that the participant(s) will receive the same wage and benefits as Employer's other employees performing same or similar work; and will be provided supervision and training in the occupation for which he/she is hired on order to attain full competency in the targeted occupation.

B. Should the Employer terminate the participant employment at any time during the CT, Employer agrees to refer the participant back to his/her Workforce Connections' offices for additional career counseling.

C. Condition of Employment and training will be in full accordance with all applicable Federal, State and local laws and regulations (including but not limited to Health and Safety laws), and be appropriate and reasonable with regard to the type of work undertaken and the proficiency of the participant(s).

VIII. EMPLOYER'S [Training Provider] COMPENSATION. In consideration for the extraordinary cost of training to be provided by Employer to participant(s) during the term of this agreement, Employer [Training Provider] will receive the CT reimbursement rate($$ amount)? set forth in the CTRF for every program participant and not to exceed the maximum amount set forth in the CTRF. Workforce Connections will pay said compensation upon successful completion (and/or established process) of the CT. All reimbursement request submitted by Employer shall be supported by attendance records; CT progress records; and other records related to CT kept by the Employer.

IX. NO DISPLACEMENT. Employer certifies that the participant will not displace any regular employee of Employer and certifies that no person was displaced as a result of relocation of the current business in the previous 120 days of signing the CTRF.

X. ELIGIBLE EMPLOYEE. Employer certifies that each participant(s) hired under an CTRF is eligible in one of the following ways: A. Employee has not been and is not at the time of signing the CTRF, a current employee of

Employer or is specifically eligible as an incumbent worker. Employer will not give the participant training in any skill that participant already possesses in sufficient degree to function as a satisfactory employee, and for which the participant would normally have been hired.

B. Employee is an employed worker who is not earning a self-sufficient wage and the CT relates to the introduction of new technologies, introduction to new production or service procedures; upgrading to new jobs that requires additional skills, workplace literacy, or other appropriate purposes identified by the applicable Federal, State and local regulations.

XI. GRIEVANCE PROCEDURE. Employer will use its own written grievance procedures to resolve Non-WIA related problems that may arise between Employer and the participant. All WIA program related grievances that may arise between the Employer and the participant will be resolved in accordance to Workforce Connections policy 5.05 _Equal Opportunity and Grievance Process.


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XII. ACCESS. Any entity identified under WIA Title I as having fiscal or programmatic responsibility for an CT established under this agreement (including but not limited to representative of the Federal, State and local governments; and Workforce Connections' staff), may at all time have access to the place of training and to the participant to assure that the progress and quality of CT are in compliance with the terms of this agreement and the CTRF.

XIII. RECORDS. Employer [Training provider] will maintain accurate time/attendance records and other employee records to support amounts reimbursed under this agreement and will make such records available for inspection upon reasonable notice request from Workforce Connections or such other entity identified under WIA Title I as having fiscal or programmatic responsibility for CTs. Such records shall be retained for no less than three (3) years. [WC Policy 5.04]

XIV. COLLECTIVE BARGAINING. Employer certifies that the CT will not impair exiting agreements for services or collective agreements and that either it has the concurrence of the appropriate labor organization as to the design and conduct of the CT program, or it has no collective bargaining agreement with a labor organization.

XV. WORKERS' COMPENSATION. Employer must provide Workers' Compensation Insurance at Employers' sole cost and expense. Neither the Employer not its carrier shall be entitled to recover any costs, settlements, or expenses of Workers' Compensation claims arising out of this AGREEMENT. Employer shall provide evidence of this insurance coverage to Workforce Connections upon request.

XVI. GENERAL LIABILI1Y INSURANCE. Employer must provide comprehensive general liability insurance protection to participant(s), and, if the participant(s) will operate a motor vehicle as part of his/her responsibilities, Employer must provide comprehensive vehicle liability insurance as well.

XVII. INDEMNIFICATION. All services to be rendered or performed by Employer under this AGREEMENT shall be performed entirely at the Employer's own risk. Employer expressly agrees indemnify and hold harmless the Program Operator, Workforce Connections, the Local Elected Officials, Officers, Agents, Employees or otherwise from any and all liability, loss or damage, including reasonable cost of defense, that they may suffer as the result of claims, demands, actions, or damages to any and all persons or property, cost or judgments against the Program Operator which results from, arise out of, or area in any way connected to the service to be performed by Employer under this AGREEMENT.

XVIII. MODIFICATIONS AND TERMINATIONS. This AGREEEMENT is subject to modification or termination due to actions taken by the Federal, State, or local government that result in a frustration of AGREEMENT purpose. Such actions include, but are not limited to withdrawal of WIA funding by the United States Congress. A. EMPLOYER'S FAILURE to fulfill its obligations under this AGREEMENT will be

cause for immediate termination of this AGREEMENT. Employer understand and agrees that such failure may, at the discretion of Workforce Connections, result in any training furnished being considered unauthorized under the terms of this AGREEMENT. Such a determination shall result in the disallowance of compensation for the training.

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B. Either party for any reason upon ten (10) working days' written notice to the other may terminate this AGREEMENT.

XIX. ASSIGNMENTS AND AMENDMENT. This AGREEMENT is not assignable in whole or in part. Amendments or addenda to this AGREEMENT must be in writing and be made with the consent of both parties.

XX. EMPLOYER ASSURANCES. Employer certifies that: A. It will comply with all applicable local, State and/ or Federal laws and ordinances. The

Employer assures that they have not violated any of the following within the last three years: a) anti-discrimination statues; b) labor and employment laws; c) environmental laws; or d) health and safety laws [29 CFR Part 37].

B. It will comply with nondiscrimination and equal opportunity provisions of WIA section 188, including complaint processing and compliance reviews. The Employer also assures that it shall not discriminate in its employment practices or delivery of services or other activities on the grounds of race, color, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any sensory, mental or physical disability [29 CFR Part 37].

C. They have not been debarred or suspended in regard to federal funding, [29 CFR Part 98].

D. CT funds will not be used to assist, promote or deter union organizing, [20 CFR §663.730].

E. It will not utilize CT funds obtained under this AGREEMENT, nor engage, nor cause its employees to engage in the conduct of political activities that violates the Hatch Act.

F. No person with responsibilities under a WIA funded program will discriminate with respect to any program participant on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief.

XXI. ADDITIONAL TERMS.

A. No fees shall be charged to any CT participant or employer for referral or placement services relative to this CT AGREEMENT.

B. The Employer shall participate in and be bound by determinations resulting from Workforce Connections' Grievance Policies and Procedures unless the Employer has provided an established grievance procedure and provided a written copy of such to the Program Operator. Where the Employer's procedure applies, the CT participant(s) shall have the right to request a review by Workforce Connections' governing Board.

C. This AGREEMENT has been and shall be construed as having been made and delivered within the State of Nevada and it is agreed by each party hereto that the laws of the State of Nevada, both as to interpretation and performance, shall govern this AGREEMENT. Any action of law, suit in equity, or judicial proceeding for the enforcement of this AGREEMENT or any provision thereof; shall be instituted and maintained only in any of the courts of competent jurisdiction of Clark, Nye, Esmeralda, or Lincoln County, Nevada.

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D. The parties understand and agree that if the courts hold any part, term or provision of this AGREEMENT to be illegal, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the AGREEMENT had not contained the particular invalid provision of the State of Nevada, the provision shall be deemed modified to conform to the statutory provision.

E. The parties agree that the forgiveness of the nonperformance of any provision of this AGREEMENT does not constitute a waiver of the provisions of this AGREEMENT.

F. The parties agree that this AGREEMENT is the complete expression of its terms. Any oral representations or understanding not incorporated herein are excluded.

G. The individual signing this AGREEMENT on behalf of the Employer is the Employer's authorized agent and certifies that all the information listed above is correct.

H. Any funds obligated under the terms of this AGREEMENT by Workforce Connections, are to be paid according to applicable WIA regulations governing Customized Training, including but not limited to 20 CFR Part §663 of the WIA Final Regulations.

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