Common use of Lessor Responsibilities Clause in Contracts

Lessor Responsibilities. In addition to any other promises and covenants identified herein, Lessor shall have the following responsibilities under this MOU: a. Comply with all applicable federal, state and local laws and regulations, including 10.27.20 DOCS--4209839-v2--Draft MOU for Shared Services LV & Clarksville20 09 18 Draft MOU for Shared Services v15 (PCM).docx Page 2 of 33 laws prohibiting harassment, discrimination and retaliation. b. Comply with all applicable federal, state and local laws, regulations and orders concerning workplace safety. c. Timely pay Shared Personnel consistent with applicable law and their employment agreements, if any. d. Work cooperatively with Lessee to ensure compliance with all applicable wage and hour laws for nonexempt Shared Personnel, including, but not limited to, providing work schedules (including compliant scheduled meal and rest periods) to Shared Personnel and timely paying Shared Personnel for all overtime and meal and rest period premiums, if applicable, and providing accurate wage statements. e. Ensure that Shared Personnel maintain the qualifications and competency necessary to provide the Services, including but not limited to: (i) complete all required training, including, but not limited to initial and annual training on mandated child abuse and neglect reporting; (ii) are free from active tuberculosis; (iii) have passed a criminal background check through the Department of Justice; (iv) have not been convicted of a serious or violent felony (as defined by Penal Code §§ 667.5 and 1192.7), sex offense as defined by Education Code § 44010, or a controlled substance offense (as defined by Education Code § 44011); (v) are eligible to work in the United States; and (vi) maintain in good standing all applicable licenses and credentials. f. Supervise and evaluate Shared Personnel and make and implement, in its sole discretion, all employment-related communications and decisions with respect to Shared Personnel, including, but not limited to matters relating to discipline, termination, accommodations, disability claims, complaints, leaves of absence, compensation and benefits. g. Administer trainings, leaves of absence, disability accommodations and other duties of an employer as required by applicable law. h. Assuming Lessor participates in CalSTRS or CalPERS, the Parties acknowledge Shared Personnel are employees of the Lessor for CalSTRS or CalPERS purposes. i. If Lessee reports Shared Personnel misconduct to Lessor that violates Lessor or Lessee policies or procedures or law, Lessor shall promptly take corrective action which may include, but is not limited to, conducting an investigation, disciplining the individual, or terminating the individual and making good faith efforts to hire a replacement in accordance with Section 6(j). j. If a Shared Personnel’s employment ends with ▇▇▇▇▇▇, Lessor shall make good faith efforts to replace the individual within thirty (30) days of termination, unless the other Parties provide written consent that a replacement for such individual is not necessary.