HomeMy WebLinkAbout04-RDA Item
'"'UC....u'"' IICM 1....r-unMAIIUN ~UMMAHT
GENERAL INFORMAnON:
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Committee
CommissionlCouncil
Author \\hf\"\CJ-d ~ Do ~ ~~ Ext.~
Ward ~ Project Area ~
Budget Authorit,~ Z ~f..c) I.J Beo
2/20
MHling Dates 2/ d d.. ~ / ~
, I
Funding RequirementsAJ en, 0 Of). no
Filing Dates
2!2g
RDA MANAGEMENT REVIEW:
CLEARANCES:
Date
Dale
.2C~~'n f': ~
Adrnnahtiw Deputy ~ '2-/;'1
ManagerlSupervilOr
Ves
NlA
O ~(JtMlu .,). /?-5 J
ling
CITY DEPARTMENTAL REVIEW:
ro
o
Rq
o
txJOI ~~1.
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~ City Administrator
Dale
RDA Committee recommendation
Depl By
Depl By
INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTs/COUNCIL OFFICES:
Sentto
By
Date
Mayor's Office
Council Ward
Council Ward
CouncIl Ward
Council Ward
Department
Department
COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and persons clearing the
summary,luch as controversial Issues, time constraints and funding complications. Indicate dates when
action must be taken.
!Jl-
RDA .174
REV. 6-29-89
Redevelopment Agency · City of San Bernardino
300 Narth "D" Street, Fourth Floor . San Bernardino, California 92418
(714) 384-5081 FAX (714) 888-9413
Pride ~
~e~
FEBRUARY 28, 1990
EMPLOYMENT LINKAGE CONTRACTS
Synopsis of Previous Commission/Council/Committee Action:
4/1/85
Employment Linkage Program approved.
02/22/90 The Committee recommended that the item be forwarded to the
Commission.
Recommended Motion:
(COMMUNITY DEVELOPMENT COMMISSION)
That the Commission authorize the execution of Employment Linkage
Contracts between the Redevelopment Agency and
(a) Hartford Communications Supply;
(b) APS Affiliates, Inc; and
(c) Copy Graphics.
Respectfully Submitted,
Director
Supporting data attached: Yes
FUNDING REQUIREMENTS: $16,000.00
Ward: All
Project: Employment Linkage
Commission Notes:
RJT:ND:sm:2667H
Agenda of: February 19, 1990
Item No.
Redevelopment Agency
S T A F F R t P 0 R T
BACKGROUND
On April 1, 1985, the Community Development Commission approved the
establishment of the Employment Linkage Program. In doing so, three separate
agencies, The Redevelopment Agency, The Economic Development Council and the
San Bernardino Employment and Training Agency ("SBETA") joined forces in
addressing the problem of unemployment and providing useful solutions.
In the past, the Employment Linkage Program has been utilized by such
companies as Erlanger Sales, C & M Finepack, American Medical Devices and the
Salad Boat Market. Three firms have submitted applications, as follows:
PROPOSED AGREEMENTS
Copy Graphics
Copy Graphics, located at 165 W. Hospitality Lane, Suite 7, is located in the
Southeast Industrial Park Project Area. Copy Graphics, a printer/contract by
mail service company, has been in business for five years, and currently
employs four regular employees.
Business Obligations: Create approximately seven entry level positions
util izing SBETA.
Agency Obligations:
(a) Pay $500 for each job created (payable after nine months of
continuous employment); and
(b) Pay $500 bonus (payable after nine months continuous
employment).
Possible Total Benefit to Participant: $7,000.00.
APS Affiliates, Inc.
APS Affiliates, Inc., located at 1571 North "E" Street, is located in the
Uptown Project Area. APS, a vending/photocopy service company, has been in
business twenty years, and currently employs twenty-five employees.
Business Obligations: Create approximately four entry level positions
util izing SBETA.
Agency Obligations: Same as above.
Possible Total Benefit to Participant: $4,000.00.
Hartford Communications Supply
Hartford Communications Supply, located at 2250 N. Arrowhead Avenue, is
located in the Uptown Project Area. Hartford, a communications equipment
supply company, has been in business for two years and is expanding rapidly.
Redevelopment Agency
Business Obligations: Create approximately five entry level positions
utilizing SBETA.
Agency Obligations: Same as above.
Possible Total Benefit to Participant: $5,000.00.
Each of the above proposed participants has entered into a First Source Hiring
Agreement with SBETA. During the course of 12 months, each participant,
through SBETA will hire unemployed, disadvantaged San Bernardino residents.
If retained for nine months, each participant will receive $1,000 per employee.
Following completion of continuous employment for nine ~onths, SBETA will
submit a voucher to the Agency verifying employment. The Agency will then
process payment to the participant.
MEMORANDUM OF UNDERSTANDING
Also attached for review is a copy of the Second Amendment to the Memorandum
of Understanding Relating to the Employment Linkage Program. The amendment
extends the agreement with SBETA to June 30, 1990, and yearly thereafter
unless terminated by any party on 30 days written notice. The original
agreement provides for extensions to be approved administratively and the
attached amendment is presented for your information.
RJT:ND:sm:2667H
2
4-,'-.
en OF S6H lEIUWlIllNO
1. rea OFFICIAl. USE ONLY
1. III 502 Tl loaD
-Ill 503 OtIIerr
6IiOUnu -
DlPLOYMENT PLAN AND PU.5T 10URCE UFDtlAI. AGIl!!MENT
.INSTRUCTIONS: (FOIl COKPLETE IllSTRUCTIONS SEE J.EVERSE SIDE
o To be cOIIpleted at epee1fled ..Una between ".De, _d .ployer
o Suabit cop, a. part of fiDal Iou paelta.. applicaUon
o 1Jpoo approval, eu1la1t orl&1u1 to r.pJ.O,..Dt _d trall11a& ayato at
adrea. belov.
Iou c10.1D Ifund dl.bur..Mot
will contaet _ 1 er
o U
UBIU
. OllIGDfAL
UPON APPROVAL
2'0:
SaD IerurdlDO .pl..,..Dt , 'J'ra1111a& .&aene,
646 N.Slerra Va,
SaD IerurdiDo, c:& '2401
!hon.: (714) 188-7881
II. EHPLOYMDlT.UN
1. .... of Pin
6. CoDtaet:
CA 92405
7. 'TelaphOll. "ber:
TICJa.D. DATE .
e. hojeeted Iou CloeiDa Date:
. Addra..
'lea.e lDdleat. tbe Dev OO.ltloo. your In wi create a. a ra.ult of Your loaD.
. of Job. Salary VDJoo Heeher.hlp R.qulred7 hojeeted
.JOI tITLE l PIT) PIT laue lIue Local , lir. Date
Offi ce-Mac hi ne Between February 6, 1
.. Servicer, Trainee 4 $6.00 N/A N/A
and Februarv 5. 1990
~
C
II
989
7. Caab kDu., alary ralebun.Mote _d Us credUe ar. a.,.uabl. toeaplo,.r. no hin throuah the Cit,'e oplo,..ot
aDd tra1una e,ato. Pl.... iDdlcat. ,our iDtereat iD the follov1l11 proar.... (S.. n..re. aide for bri.f
..eedpUOI'a.) U JOu would m. I80re WoruUon. pl.... MrtL -Z- beaid. appropdat. lloze..).
U: 011 tb. .Job rrdUDI IJ tan.t Job. Tu Cr.dlt
III. pnST REFERRAL AGREEHENT
!'be aderaip.d npree.Dte to the lJll/EDC lte aare_Dt to ... laD IerurdlDO .pl0,..Dt Ul4 rraWna S"ato a.
a fbet aourc. of .plo,.eDt for. Job opportUDi U.. cnated a. a nault of aDd iD cOllD.eUon with tbe above
idenUfied projeet aDd tb. und.rtakiDa. a.dated thereb,. _d that tbe data aub.ltted b.niD .. true aDd
corr.et.
ftINT IWIE AND tITLE or OFFICD.
IIGNAnnu:
DUE
IJ IDA
IJ DC
( J liEU
t'PROVAL IllTE
IllTE SUlIUTrEll to
ISTIMTEIl CASH IONUS AMOUNT
.
IIIsnul1TIOJl:
015IIt
NOTE: Expanding business. Will train new hires with inhouse-training program.
Very good opportunity for advancement and job retention. Company has been in
business for twenty years with twenty-five (25) current employees, only one (1)
of which is a trainee.
EMPLOYMENT LINKAGE PROGRAM AGREEMENT
HlI S AGREEMENT, made and entered into the 6th day of
February . 19~, by and between THE REDEYELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter "Agency"),
and APS Affiliates, Inc., 1571 N. -E- street, .:Jan Bernardino,
CA 92405
(hereinafter "Contractor"), sets forth the agreement between
"
the parties concerning the establishment of an employment
linkage program to be conducted by Contractor with financial
assistance from the Agency. This proqram is Jointly sponsored
by the Agency, the Private Industry Council of the City of
San Bernardino through its administrative entity, the San
Bernardin~ Employment and Training Agency (SBETA), and the
San Bernardino Economic Development Council (EDC).
The Parties hereto agree as follows:
1. Contractor agrees that it will undertake to employ
persons certified by SBETA, who meet specified requirements,
for entry level positions to be created by Contractor. Such
employees shall be termed "Certified Employees". Contractor
agrees to establish 4 (four) new job positions for
Certified Employees, subject to Contractor:s good faith
business needs, and will in good faith attempt to ma1~t~in
the employment of such Certified Employees. Certified Employees
shall' be .deemed to include those long-term, econo1mtcally
disadvantaged, unemployed persons and handicapped persons who
are bona fide residents of the City of San Bernardino at the
time of their employment and who are certified as eligible by
SBETA, using that entity's standard criteria for handicapped
or long-term unemployed. Contractor agrees that all recruit-
ment for new employees in such positions shall be attempted
through SBETA, which shall have exclusive referral rights
during the first ten (10) days that any vacancy shall exist
in any such position; after ten (10) days, if SBETA has not
referred a candidate reasonably satisfactory to Contractor,
Contractor shall be authorized to recruit through other
means, but shall still cOPlSfder -IHIY referrahfro'm ,SaETA.
Only persons who are certified as eligible under the SBETA
standards, and who are residents of the City of San Bernardino
at the time of their employment, shall enable Contractor to
qualify for the compensation provisions of this agreement.
Nothing shall prevent Contractor_ from referring prospective
, employees to SBETA for possible certification.
2. Agency agrees that it will pay to Contractor, for
each new job created as herein provided, the sum of five
hundred ~ollars ($500), payable at such time as the iob h~s
been in existence continuously for nine (9) months. In
addition, Agency agrees that it will pay to Contractor, for
each new Certified Employee who completes nine (9) months of
service in a newly created job, the sum of five hundred dollars
-2-
($500.00), payable upon completion of nine (9) months of
continuous service by each such individual Certified Employee.
3. All payments to Contractor under this agreeMent shall
be in the form of a check issued by Agency within twenty (20)
days after SBETA certification of job creation or duration of
employment of a Certified Employee, as outlin~d in Paragraph 6
hereof. The aggregate total of payments to be made under this
agreement shall not exceed $4,000.00 (four thousand dollars)
4. The parties acknowledge that, for the purposes of
this agreement, employment beginning on the date that this
agreement is fully executed ("the Commencement Date") shall
be con~tde~~d ,asqualifying;u~derthe terms of.the agreem~n~,
provided that any employee employ~d as~f ~be Commemcement
Date, or subsequent thereto, is otherwise a Certified Employee
under this agreement. The Commencement Date shall constitute
the first day of a one-year period during which creation ~f
new jobs or employment of Certified Employees shall entitle
Contractor to compensation. No compensation shall be paid as
to a position unless the job remains in place for the required
nine (9) -months, and no compensation shall be paid as to any
individual Certified Employee until the employee remains con-
tinuously employed for nine (9) months. Any temporary "break
in service" under Contractor's existing personnel policies
for pregnancy leaves, illness, military leave, or similar short
ter~1 leaves of absence, shall not constitute a disaualifi~Atinn
~s to that employee.
5. No job created more than one year after the
Commencement Date, and no employee first hired for continuous
employment more than one year after that date, shall qualify
for the compensation provided for herein.
6. SBETA shall be the sole judge as to' certification,
and Agency and Contractor agree to be bound by a certification
by that entity as determining eligibility for payment under
the provisions of this agreement, both as to job creation and
duration of employment of a Certified Employee.
7. Selection of employees shall be the sole province
of Contractor, subject only to the ten (10)'day first referral
privilege of SBETA.
8. Contractor shall fully comply with Title VI and
Title III of the Civil Rights Act of 1964, and with the policy
of the State of California, regarding discrimination in em-
ployment, and Contractor specifically agrees that no person
shall be excluded from participation in, denied the benefits
of, subjected to discrimination under, or denied employment
or promotion in connection with this progam, because of race
color, religion, sex, national origin, age, marital status,
handicap, or political affiliation or belief.
-4-
9. The parties aCknowledge that Agency shall play no
role in the selection of employees, nor in any matter relating
to retention, promotion, layoff or dismissal, but Agency shall
have the right to terminate this agreement for non-compliance
with the non-discrimination provisions of this agreement.
Agency shall not be regarded as an "employer" of any person
whose employment may earn Contractor compensation hereunder,
and Agency shall play no role in the direction of the work of
any ~mployee. Agency is not responsible for any injuries
sustained by employees of Contractor, nor ani losses sustained
by employees hired pursuant to this agreement
10. Contractor covenants that it will fully comply with
all laws, rules and regulations of the State of California and
of the United States which affect employment, and with the terms
of any collective bargaining agreement between Contractor and
any union or organization. Any such laws, regulations or co-
llective bargaining agreements shall take precedence over the
terms of this agreement, but only those Certified Employees
hired pursuant to the terms of this agreement shall qualify the
Contractor for payment hereunder. Contractor shall fully
protect all employee rights and shall comply with all applicable
Industrial Welfare Commission orders and Department of Industrial
Relations, Division of Labor Standards, enforcement procedures.
-5-
11. This agreement shall be assignable or transferable with
the sale of the entire business entity known as APS Affiliates Inc.
but shall not be separately assignable, transferable or
subject to attachment, except in conjuction with the sale of
the entire business entity.
12. Contractor acknowledges that this is a program being
undertaken by Agency in cooperation with the P~ivate Industry
Council of the City of San Bernardino arid:its ~d~iriistrative=eD~;
tity, SBETA, and also in cooperation with EDC. Contractor agree to
cooperate fully with Agency, SBETA and EOC in their ongoing
efforts to monitor and evaluate the program and the results thereof.
Contractor agrees to provide information to Agency, SBETA and
EDC on an ongoing basis, extending not less than one year after
payment has last been made or credit given under the provisions of
this agreement. The information to be provided by Contractor
shall relate to determination of the success or failure of the
program, and no confidential information relating to the operations
of Contractor not directly relevant to such determination shall
be sought or required under this agreement. During the term of
this agreement, Agency and SBETA, through their authorized
representatives, shall be granted access to and the right to
examine all records, books, papers or documents relating to
this agreement, or to the employment of any employee certified
under this agreement.
-6-
13. Contractor agrees that, d~ri~g the term of this
agreement, no employee shall be discharged or demoted in order
to create an opening for a Certified Employee. Contractor
acknowledges that all positions created as certified jobs under
this program, and all employees hired as Certified Employee,
shall be bona fide jobs and employees, and that all employees so
hired shall be regular members of Contractor's work force,
subject to the same conditions of employment as the Contractor's
other regular employees, and shall be subject to the same rules
and regulations regarding termination, suspension or other
discipline.-
14. This agreement shall be subject to modification.or
amendment only by execution of a written amendment between the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this
agreement effective as of the date and year first set forth
hereinabove.
CONTRACTOR:
APS Affiliates Inc.
AGENCY:
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
By:
Chairman
&JI/2~~Jkf~
William R. Sikes, President
By:
Secretary
Approved as to form:
-7-
BY:~
./
<,'
t
~
CITY OF SoU IERKAlJlIRO
1. fOR OFrICIAL USE ONLY
IKPLOlKDfT PLAlI AIIJI rIllST SOURa UFDtAAL AGIlE!II!IlT
IHSTRUCTIOHS:(FOR alKPLETE IHSTRUCTIONS SEE UVIUE IDlE
o To lie c.-pl.ted at .pedUed ...tilll "tvea quc, ad __IOJer
o 5uabit cop, a. pert of f1~ 1_ ,.eka,. application
o Upoll approval, .ullait or1a1~ to "plo",lIt ad naWIII .,.t.. at
adrea. "low.
II 1_ cIo.1 IfuDd d1.bur....llt w111 coataet .. 1 .r
MI
. OAICnw.
VPOll "'KOVAL
nI:
1. III 502 n Ioall
-Ill 503 Other:
..oii:at: -
2. loIIua "otiated "r "plo,..
.
1. .... of r1n
Co
.
IDA_
6. CoIItaet:
7. S'e1ephoM .....r:
. Addr.ea fICICLER DAn: .
165 I. hojacted J.ou 0.0.1111 !late:
. Te1.phou Ilua 14 888-8748
. ColltaCt "nOll ,
Joe Martlnez, Owner
. f7pa of 1u11IIu', /C M '1 S '
Prlnter ontract al erVlce
6. IfEW JOB cauTIOll aOJECTIOH Attaeb add1tioul ab..t., u _ed.d
n.... lIId1c.t. tbe IIIV "dtin(.) your I1n rill create a. a re.ult of your 10111.
, of Jobl Salar)" UII1011 Me.ller.hip Required' hojeeted
JOB TITLE liT "T . ..... Local , I1re Jlat.
A Administrative Between February 20, 1989
Clerk Trainee 2 N A and Februar 19 1990
. Printer II, Between February 20, 1989
Trainee 2 $6.00/Hr. N/A N/A and February 19,1990
os e ween e ruary ,1989
c Trainee 1 $5.00/Hr. N/A N/A and February 19, 1990
Post Office Clerk, Between February 29, 1989
II Administrative Clk. 2 $5.50/Hr. N/A N/A and February 19, 1990
7. Ca.b IIoIlU', ular)" re1.bun...llt. ad tu cred1t1 are availAbl. toeaplo,er. no II1re throuah tile Cit,'. ..plo",lIt
ad tra1111111 .,.t... n.... lIId1cat. ,our 1IItereat 111 tbe fol1011'1I11 pro'r.... (I.. reven. .1de for brief
de.criptiOll..) U JOU would 11b aora 1IIf0rution, pl.... _rIt -r ..dd. a"Jopriata _(ea).
~OII tb. .Job Traillllll
rJ Ten.t Job. fa Cred1t
III. rIRST REFERRAL AGUE:KENT
!b. IIIIder.1ped reprea'lIta to t" IDA/IDe 1ta qre_t to all SaIl hnanlll10 ..,loJMllt IIId Trdll1l11 5,.tea a.
a f1r.t .ouree of ..ployaellt for.Job opportUll1tl.. creat.d a. a re.ult of ad 111 cOllllectlOll with tbe above
1datiUed project alld tbe IIIIdertaltlDa' ud.ted tber.b" ad that t" data .uba1tted b.relll 11 tn:e alld
corr.ct.
PJUNT IWIE AIIJI TITLE or OFFICEIl
IICNATUIE
DATE
IIISDUUTION:
IJ IDA
IJ IDe
[] leu
t'aOVAL DAn:
DATE IUBMITTED to
(
UTDW'ED C&SB BOHU5 AMOUNT
.
0l51X
'~TE: Expanding business, will train new employees. This company has been in business
for five years with four (4) regular employees and no current trainees,
EM,_0YMENT LINKAGE PROGRAM AGRttMENT
H:I S AGREEMENT, made and entered into the 20tb:lay of
February . 19~, by and between THE REDEYELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter "Agency"),
and Copy Graphics, 165 W. Hospitality Ln. Suite 7, San
Bernardino, CA 92408
(hereinafter "Contractor"), sets forth the agreement between
the parties concerning the establishment o~ an employment
linkage program to be conducted by Contrac~or with financial
assistance from the Agency. This proqram is jointly sponsored
by the Agency, the Private Industry Council of the City of
San Bernardino through its administrative entity, the San
Bernardin0 Employment and Training Agency (SBETA), and the
San Bernardino Economic Development Council (EDC).
The Parties hereto agree as follows:
1. Contractor agrees that it will undertake to employ
persons certified by SBETA, who meet specified requirements,
for entry level positions to be created by Contractor. Such
employees shall be termed "Certified Employees". Contractor
agrees to establish 7 (seven) new job positions for
Certified Employees, subject to Contractor~s good faith
business needs, and will in good faith attempt to mai~t6in
the employment of such Certified Employees. Certified Employees
shall' be ,deemed to include those long-t~rm, economitcally
disadvantaged, unemployed persons and handicapped persons who
are bona fide residents of the City of San Bernardino at the
time of their employment and who are certified as eligible by
SBETA, using that entity's standard criteria for handicapped
or long-term unemployed. Contractor agrees that all recruit-
ment for new employees in such positions shall be attempted
through SBETA, which shall have exclusive referral rights
during the first ten (10) days that any vacan~y shall exist
in any such position; after ten (10) days, if SBETA has not
referred a candidate reasonably satisfactory to Contractor,
Contractor shall be authorized to recruit through other
means, but shall still coeHder ..,tly,referl"alsfro'm ,SBETA.
Only persons who are certified as eligible under the SBETA
standards, and who are residents of the City of San Bernardino
at the time of their employment, shall enable Contractor to
qualify for the compensation provisions of this agreement.
Nothing shall prevent Contractor from referring prospective
employees to SBETA for possible certification.
2. Agency agrees that it will pay to Contractor, for
each new job created as herein provided, the sum of five
hundred dollars ($500), payable at such time as the iob has
been in existence continuously for nine (9) months. In
addition, Agency agrees that it will pay to Contractor, for
each new Certified Employee who completes nine (9) months of
service in a newly created job, the sum of five hundred dollars
-2-
($500.00), payable upon completion of nine (9) months of
continuous service by each such individual Certified Employee.
3. All payments to Contractor under this agreement shall
be in the form of a check issued by Agency within twenty (20)
days after SBETA certification of job creation or duration of
employment of a Certified Employee, as outlined in Paragraph 6
hereof. The aggregate total of payments to b~ made under this
agreement shall not exceed $7,000.00 (seven thousand dollarsJ
4. The parties acknowledge that, for the purposes of
this agreement, employment beginning on the date that this
agreement is fully executed ("the Commencement Date") shall
be conStde~~d :as qualifying,u~derthe terms of.the agreem~n~,
provided that any employee employ~d as6f thetommemcement
Date, or subsequent thereto, is otherwise a Certified Employee
under this agreement. The Commencement Date shall constitute
the first day of a one-year period during which creation of
new jObs or employment of Certified Employees shall entitle
Contractor to compensation. No compensation shall be paid as
to a position unless the job remains in place for the required
nine (9) months, and no compensation shall be paid as to any
individual Certified Employee until the employee remains con-
tinuously employed for nine (9) months. Any temporary "break
in service" under Contractor's existing personnel policies
for pregnancy leaves, illness, military leave, or similar short
terl,1 leaves of absence, shall not constitute a disqualification
~s to that empioyee.
5. No job created more than one year after the
Commencement Date, and no employee first hired for continuous
employment more than one year after that date, shall qualify
for the compensation provided for herein.
6. SBETA shall be the sole judge as to certification,
and Agency and Contractor agree to be bound by a certification
by that entity as determining eligibility for payment under
the provisions of this agreement, both as to job creation and
duration of employment of a Certified Employee.
7. Selection of employees shall be the sole province
of Contractor, subject only to the ten (10)day first referral
privilege of SBETA.
8. Contractor shall fully comply with Title VI and
Title III of the Civil Rights Act of 1964, and with the policy
of the State of California, regarding discrimination in em-
ployment, and Contractor specifically agrees that no person
shall be excluded from participation in, denied the benefits
of, subjected to discrimination under, or denied employment
or promotion in connection with this progam, because of race
color, religion, sex, national origin, age, marital status,
handicap, or political affiliation or belief.
-4-
9. The parties acknowledge that Agency shall play no
role in the selection of employees, nor in any matter relating
to retention, promotion, layoff or dismissal, but Agency shall
have the right to terminate this agreement for non-compliance
with the non-discrimination provisions of this agreement.
Agency shall not be regarded as an "employer" of any person
whose employment may earn Contractor compensation hereunder,
and Agency shall play no role in the direction of the work of
any employee. Agency is not responsible for any injuries
sustained by employees of Contractor, nor any losses sustained
by employees hired pursuant to this agreement
10. Contractor covenants that it will fully comply with
all laws, rules and regulations of the State of California and
of the United States which affect employment, and with the terms
of any collective bargaining agreement between Contractor and
any union or organization. Any such laws, regulations or co-
llective bargaining agreements shall take precedence over the
terms of this agreement, but only those Certified Employees
hired pursuant to the terms of this agreement shall qualify the
Contractor for payment hereunder. Contractor shall fully
protect all employee rights and shall comply with all applicable
Industrial Welfare Commission orders and Department of Industrial
Relations, Division of Labor Standards, enforcement procedures.
-5-
11. This agreement shall be assignable or transferable with
the sale of the entire business entity known as Copy Graphics
but shall not be separately assignable, transferable or
subject to attachment, except in conjuction with the sale of
the entire business entity.
12. Contractor acknowledges that this is a program being
undertaken by Agency in cooperation with the Private Industry
Council of the City of San Bernardino arid'its ad~in1strative=eD~;
tity, SBETA, and also in cooperation with EDC. Contractor agree to
cooperate fully with Agency, SBETA and EDC in their ongoing
efforts to monitor and evaluate the program and the results thereof.
Contractor agrees to provide information to Agency, SBETA and
EDC on an ongoing basis, extending not less than one year after
payment has last been made or credit given under the provisions of
this agreement. The information to be provided by Contractor
shall relate to determination of the success or failure of the
program, and no confidential information relating to the operations
of Contractor not directly relevant to such determination shall
be sought or required under this agreement. During the term of
this agreement, Agency and SBETA, through their authorized
representatives, shall be granted access to and the right to
examine all records, books, papers or documents relating to
this agreement, or to the employment of any employee certified
under this agreement.
-6-
13. Contra~tor agrees that, during the term of this
agreement, no employee shall be discharged or demoted in order
to create an opening for a Certified Employee. Contractor
acknowledges that all positions created as certified jobs under
this program, and all employees hired as Certified Employee,
shall be bona fide jobs and employees, and that all employees so
hired shall be regular members of Contractor's work force,
subject to the same conditions of employment as the Contractor's
other regular employees, and shall be subject to the same rules
and regulations regarding termination, suspens~on or other
discipline.
14. This agreement shall be subject to modification or
amendment only by execution of a written amendment between the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this
agreement effective as of the date and year first set forth
hereinabove.
CONiRACTOR:
Copy Graphics
AGENCY:
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
By_:
Chairman
By:
Secretary
Approved as to form:
-7-
B~
I,'
">-.
CIn' OJ' SoUl IDUUUINO
1. rot OFFICW. USE ONLY
Ian lenardlno .p1OJMnt , 2'rah1111 AaencJ
646 N.U.na IleJ
IaII Ienard1llo, CA '2401
fbone: (714) 188-7881
II. EHPLO PLAN
1. .... of '1m
IKPLOYKDIT PLAN AND ,mST SOOla UFmRAL AcaE!KENT
INSnUCTIOHS:(FOR. CXlKPLETE INSnUCTIOHS lEE I.EVEIlSE IDlE
o to be cOIIpl.ted at .pacified ..UIII between AaencJ and .p10Jer
o lUIlblt cOPJ a. part of f1ul Iou packa,. appl1caUon
o Upon approval, auba1t orlpnal to "p1OJMnt ad tratD1111 .,.t.. at
adre.. belovo
o U n loan c:lo.1D Ifund .1.bur....nt will contact .. 1 er
MIT
OIICDW.
UPON AP1'&OVA1.
to:
1. III 502 II loan
-Ill 503 0thU:
MOimt: -
6~ CloDtact:
7..IalapbODe ....ber:
2. Addra..
.r:..ve., San Bernardino, CA 92405 8. PrOject';I= C1n:;:~ Dat.:
.JOB tITLE
A Shi ppi ng & Recei v-
Project.d
lir. Ila t.
Between January 24, 1989
nd Januar 23 1990
Between January 24, 1989
and January 23, 1990
Between January 24, 1989
and Januar 23 1990
D Between January 24, 1989
anic , Comm. Tech. 1$9.50/Hr. N/A N/A and January 23, 1990
7. ea.b lIoDu., ulary nlebur..eent. ad tas credH. are ava1l.tible t_plolere no II1n throuah tbe CitJ'. ..plo)'Mnt
and tra1ulII .Jat... 1'1.... lndlcat. JOUr tater..t lD tbe follow1l11 proar.... (lee nvare. alde for brief
'UCr1pUCIIl..) U JOU _ld like IIOr. 1D1'oruUon, pl.... _rlt -r ".lde appropriate lNIaCe.).
n: 00 tbe Job Tra1unl IJ rarad Jok rall Credit
III. 'lIlST lEFERRAL AGUDIENT
. Manager,
Trainee
1
N/A
c Receptionist, Cler ,
the UDdera1l1l.d npreaenta to tbe IJlA/EJIC lta qre_t to D. IaII lenard1Do "ploJMDt ad Tra1ulII Sy.tu a.
· flrat aourc. of ..plo,..nt for job opportUD1U.. created a. a n8Ult of ad ta CODD.c:Uon with tb. above
i'enUfied project ad tb. UDdertalt1D&. a..tat" tben'J, ad that tbe data aU_Utad berea 111 true and
corr.ct.
fUNT IWIt AND TITLE OF OFFICEl
IIGHA'J'URE
WE
DISTIlDUl'ION:
(J IJlA
I) DC
I) liEU
t'1'&OVAL DUE
IllU IUBMITlED TO
(
ISTIKlTED CASH JONUS AMOUNT
.
O1.5D:
NOTE: Expanding business, hiring initial staff and opening store front (formerly a home_
operated business). The company has been in business for two years and is growing
rapidly. Excellent rate of pay and opportunity for advancement.
EMPLOYMENT LINKAGE PROGRAM AGREEMENT
T~lIS AGREEMENT, made and entered into the 24~ay of
January . 19~, by and between THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter "Agency"),
and Hartford Communications Supply, 2250 N. Arrowhead Ave.,
San Bernardino, CA 92405
(hereinafter "Contractor"), sets forth the agreement between
the parties concerning the establishment ot an employment
linkage program to be conducted by Contractor with financial
assistance from the Agency. This pro~ram is jointly sponsored
by the Agency, the Private Industry Council of the City of
San Bernardino through its administrative entity, the San
Bernardin0 Employment and Training Agency (SBETA), and the
San Bernardino Economic Development Council (EDC).
The Parties hereto agree as follows:
1. Contractor agrees that it will undertake to employ
persons certified by SBETA, who meet specified requirements,
for entry level positions to be created by Contractor. Such
employees shall be termed "Certified Employees". Contractor
agrees to establish 5 (five) new job positions for
Certified Employees, subject to Contractor~s good faith
business needs, and will in good faith attempt to mai~tjin
the employment of such Certified Employees. Certified Employees
shall be ,dee~ed to fn~l~de those long~t~rm, econ~~tc~lly
disadvantaged, unemployed persons and handicapped persons who
are bona fide residents of the City of San Bernardino at the
time of their employment and who are certified as eligible by
SBETA, using that entity's standard criteria for handicapped
or long-term unemployed. Contractor agrees that all recruit-
ment for new employees in such positions shal~ be attempted
through SBETA, which shall have exclusive referral rights
during the first ten (10) days that any vacan~y shall exist
in any such position; after ten (10) days, if SBETA has not
referred a candidate reasonably satisfactory to Contractor,
Contractor shall be authorized to recruit through other
means, but shall still cOI'IHder~,,.y referrals'fro'm ,SaEtA.
Only persons who are certified as eligible under the SBETA
standards, and who are residents of the City of San Bernardino
at the time of their employment, shall enable Contractor to
qualify for the compensation provisions of this agreement.
Nothing shall prevent Contractor from referring prospective
employees to SBETA for possible certification.
2. Agency agrees that it will pay to Contractor, for
each new job created as herein provided, the sum of five
hundred dollars ($500), payable at such time as the iob h~s
been in existence continuously for nine (9) months. In
addition, Agency agrees that it will pay to Contractor, for
each new Certified Employee who completes nine (9) months of
service in a newly created job, the sum of five hundred dollars
_?-
($500.00), payable upon completion of nine (9) months of
continuous service by each such individual Certified Employee.
3. All payments to Contractor under this agreeMent shall
be in the form of a check issued by Agency within twenty (20)
days after SBETA certification of job creation or duration of
employment of a Certified Employee, as outlin~d in Paragraph 6
hereof. The aggregate total of payments to b~ made under this
agreement shall not exceed $5,000.00 (five thousand dollars) .
4. The parties acknowledge that, for the purposes of
this agreement, employment beginning on the date that this
agreement is fully executed ("the Commencement Date") shall
be consi,de~ed .as qualifying,utiderthe terms of ~the agreem~n~,
provided that any employee employed as of the t~mmemcement
Date, or subsequent thereto, is otherwise a Certified Employee
under this agreement. The Commencement Date shall constitute
the first day of a one-year period during which creation ~f
new jobs or employment of Certified Employees shall entitle
Contractor to compensation. No compensation shall be paid as
to a position unless the job remains in place for the required
nine (9) months, and no compensation shall be paid as to any
individual Certified Employee until the employee remains con-
tinuously employed for nine (9) months. Any temporary "break
in service" under Contractor's existing personnel policies
for pregnancy leaves, illness, military leave, or similar short
terl.l leaves of absence, shall not constitute a disqualification
...
~s to that empioyee.
5. No job created more than one year after the
Commencement Date, and no employee first hired for continuous
employment more than one year after that date, shall qualify
for the compensation provided for herein.
6. SBETA shall be the sole judge as to certification,
and Agency and Contractor agree to be bound by a certification
by that entity as determining eligibility for payment under
the provisions of this agreement, both as to job creation and
duration of employment of a Certified Employee.
7. Selection of employees shall be the sole province
of Contractor, subject only to the ten {lO)"day first referral
privilege of SBETA.
8. Contractor shall fully comply with Title VI and
Title III of the Civil Rights Act of 1964, and with the policy
of the State of California, regarding discrimination in em-
ployment, and Contractor specifically agrees that no person
shall be excluded from participation in, denied the benefits
of, subjected to discrimination under, or denied employment
or promotion in connection with this progam, because of race
color, religion, sex, national origin, age, marital status,
handicap, or political affiliation or belief.
-4-
9. The parties aCknowledge that Agency shall play no
role in the selection of employees, nor in any matter relating
to retention, promotion, layoff or dismissal, but Agency shall
have the right to terminate this agreement for non-compliance
with the non-discrimination provisions of this agreement.
Agency shall not be regarded as an "employer" of any person
whose employment may earn Contractor compensa,tion hereunder,
and Agency shall play no role in the direction of the work of
any employee. Agency is not responsible for any injuries
sustained by employees of Contractor, nor any losses sustained
by employees hired pursuant to this agreement
10. Contractor covenants that it will fully comply with
all laws, rules and regulations of the State of California and
of the United States which affect employment, and with the terms
of any collective bargaining agreement between Contractor and
any union or organization. Any such laws, regulations or co-
llective bargaining agreements shall take precedence over the
terms of this agreement, but only those Certified Employees
hired pursuant to the terms of this agreement shall qualify the
Contractor for payment hereunder. Contractor shall fully
protect all employee rights and shall comply with all applicable
Industrial Welfare Commission orders and Department of Industrial
Relations, Division of Labor Standards, enforcement procedures.
-5-
11. This agreement shall be assignable or transferable with
the sale of the entire business entity known as Hartford Communications
Supply but shall not be separately assignable, transferable or
subject to attachment, except in conjuction with the sale of
the entire business entity.
12. Contractor acknowledges that this is a program being
undertaken by Agency in cooperation with the Private Industry
Council of the City of San Bernardino arid'its ~d~iri1strative=eo~:
tity, SBETA, and also in cooperation with EOC. Contractor agree to
cooperate fully with Agency, SBETA and EOC in their ongoing
efforts to monitor and evaluate the program and the results thereof.
Contractor agrees to provide information to Agency, SBETA and
EOC on an ongoing basis, extending not less than one year after
payment has last been made or credit given under the provisions of
this agreement. The information to be provided by Contractor
shall relate to determination of the success or faiiure of the
program, and no confidential information relating to the operations
of Contractor not directly relevant to' such determination shall
be sought or required under this agreement. During the term of
this agreement, Agency and SBETA, through their authorized
representatives, shall be granted access to and the right to
examine all records, books, papers or documents relating to
this agreement, or to the employment of any employee certified
under this agreement.
-6-
13. Contr tor agrees that, during t~ term of this
agreement, no employee shall be discharged or demoted in order
to create an opening for a Certified Employee. Contractor
acknowledges that all positions created as certified jobs under
this program, and all employees hired as Certified Employee,
shall be bona fide jobs and employees, and that all employees so
hired shall be regular members of Contractor's work force,
subject to the same conditions of employment as the Contractor's
other regular employees, and shall be subject to the same rules
and regulations regarding termination, suspensjon or other
discipline.
14. This agreement shall be subject to modification or
amendment only by execution of a written amendment between the
parties hereto.
IN WITNESS WHEREOF, the parties have executed this
agreement effective as of the date and year first set forth
hereinabove.
CONTRACTOR:
Bart~atioos supp1y
6 __
Gregg 'l'hurman, OWner
AGENCY:
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
By:
Chairman
By:
Secreta ry
Approved as to form:
-7-
By: ,{)v~ ;2~
/' J
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AGREEMENT
SECOND AMENDMENT '1'0 MEMORANDUM OF UNDERSTANDDfG RELATING '1'0 '!'HE
EMPLOYMENT LINKAGE PROGRAM.
THIS SECOND AMENDMENT to that certain Memorandum of
Understanding dated April 12, 1985, is entered into as of this
day of
, 1989, by and among the
Executive Director of the Redevelopment Agency of the City of San
Bernardino, the Executive Director of the Economic Development
Council of the City of San Bernardino and the Executive Director
of The San Bernardino Empioyment and Training Agency.
WITNESSETH:
WHEREAS, the parties hereto entered into that certain
Memorandum of Understanding dated April 12, 1985, and
WHEREAS, the parties executed an undated First Amendment to
Memorandum of Understanding Relating to the Employment Linkage
Program, and
WHEREAS, by its terms said Memorandum of Understanding has
expired, and
WHEREAS, it is worthwhile and desirable to extend the terms
of the memorandum of understanding to continue the cooperation
between the parties on the Employment Linkage Program,
NOW, THEREFORE, the parties hereto agree as follows:
1. The Memorandum of Understanding entered into on April
12, 1985, as amended by the First Amendment thereto, is hereby
extended to expire on June 30, 1990.
Said Memorandum of
Understanding shall be further automatically extended from year
to year unless any party gives the other parties thirty (30) days
written notice of termination.
DAB/ses
Oc~nhAr 1? lODO
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SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING RELATING TO THE
EMPLOYMENT LINKAGE PROGRAM.
2. Except as amended herein, the Memorandum of
Understanding as previously amended shall remain in full force
and effect.
XN WXT.NESS WHEREFOR the parties hereto have executed this
second Amendment to Memorandum of Unders~anding on the day and
date first above shown.
EXECUTIVE DIRECTOR
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
EXECUTIVE DIRECTOR
SAN BERNARDINO
ECONOMIC DEVELOPMENT COUNCIL
By:
EXECUTIVE DIRECTOR
SAN BERNARDINO
EMPLOYMENT AND TRAINING AGENCY
By' '.fler- A-7~-C---
DAB/ses
October 12, 1989
2