Transitional Employment Program

Wage Subsidy Program Contractor/Employer Agreement

This agreement is by and between ECDO (hereinafter referred to as the “Contractor”) and the Your Company Name (hereinafter referred to as the “Employer”).

Whereas, the New York State Office of Temporary and Disability Assistance (OTDA) has authorized the Contractor to implement a Wage Subsidy Program (WSP) that will provide job opportunities for WSP participants; and

Whereas, the Employer has agreed to hire qualified participants of this program.

Now, therefore, it is mutually agreed as follows:

1. The Employer agrees to:

Make a good faith commitment to transition and retain successful WSP participants to unsubsidized employment;

Provide a description of the WSP job(s) to be filled, including wages, fringe benefits, hours, subsidy period(s) and qualifications;

Consider each WSP participant hired as a full fledged employee and afford the participant any and all rights, privileges and benefits enjoyed by other similarly situated employees;

Provide WSP participants with supervision and assistance in learning job duties;

Cooperate with the contractor, the local social services district and other designated supportive agencies to facilitate job retention;

Provide to the WSP contractor properly completed payroll documentation, such as payroll ledger or other payroll form, signed and authorized by the employer or his designee, which lists each participants name, social security number, job title, hourly wage, number of hours worked and the wages and fringe benefits paid for each pay period within a mutually agreed timeframe in which a participant works; and

Certify that:

(i) The conditions of employment, such as type of work and geographic location and the qualifications of the participant, are appropriate and reasonable;

(ii) The participant will be deemed an employee for purposes of the applicable collective bargaining and labor laws, and will receive the same benefits and protections as an employee similarly situated; (iii) The employer will not discriminate against a WSP applicant on the basis of race, creed, color, national origin, sex, marital status, or disability;

(iv) The participant will not displace any current employee, including partially, through the reduction of customary work hours, wages or benefits;

(v) None of the following exists:

(a) any other employee is available for reinstatement, recall or reemployment following a leave of absence, furlough, layoff or suspension from the same or equivalent job; or (b) the employer has reduced its workforce with the intention of filling the vacancy(ies) so created with WSP participants; or (c) the employee organization representing employees of the employer is engaged in a strike or lockout; or (d) a bargaining unit position will be lost as a result of the WSP participant performing the work normally performed by an employee in such position;

(vi) A WSP position will not infringe in any way upon the promotional opportunities of current employees or any individual in an approved apprenticeship program;

(vii) A WSP participant shall not remain in a job if another employee is eligible for promotion to that job. At least 10 calendar days prior to filling a position with a WSP participant, the employee organization that represents employees who are engaged in similar work or training in the same or equivalent jobs as those to be filled with WSP participants, will be notified of the intent to make WSP placements. Such employee organization will have the opportunity to comment on the proposed placement(s) or the administration of the program;

(viii) The employer has not, in the past 5 years, been convicted of a felony or a misdemeanor; the underlying basis of which involved workplace safety and health or labor standards. The employer will certify as to all violations issued by the New York State Department of Labor within the past 5 years. The contractor, on behalf of OTDA, will determine whether there is a pattern of violations sufficient to render the potential employer ineligible. Employers who submit false information shall be subject to criminal prosecution for filing a false instrument.

2. The contractor agrees to:

Refer qualified WSP participants to the employer according to a mutually agreed upon local procedure; Reimburse the employer, upon receipt of a properly completed WSP Wage Subsidy Summary, 75% of the subsidized wages and fringe benefits (up to a maximum $12/hr and related fringe benefits) paid to the WSP participant during the subsidy period;

Provide payment to the employer for each WSP participant who transitioned to and remained in unsubsidized employment for at least 90 calendar days in an amount equal to 25% of the total subsidized wages paid to the participant during the subsidy period;

Track and monitor the progress of the employee by periodically observing the participant on the job and meeting with the site supervisor;

Provide WSP participants, in cooperation with the employer, with special assistance in learning job duties and resolving employment-related issues;

Assist WSP participants to arrange needed support services which include but are not limited to child care, transportation, career counseling and referrals to other services; and

Coordinate the receipt of transitional benefits with the local social services district.

3. This Agreement shall take effect on 12/01/09______and shall terminate on 12/31/10 unless sooner terminated pursuant to Paragraph 4 below.

4. This Agreement may be terminated by either the employer or the contractor upon written notification to the other party 10 calendar days in advance of the termination date.

______12/01/09______Contractor Date

______EIN #: __12/01/09______Employer Date