HomeMy WebLinkAboutR03-Economic Development Agency
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DEVELOPMENT DEPARTMENT
OF TIll CITY OF SAR tumlnnlRO
IIEOUEST I'OR CCMlISSION/COURCIL ACTION
From:
Subject:
IIEW AGE WATER
TECBlIOLOGY EMPLOYMENT
LIBnGE AGRnlunr
KENNETH J. HENDERSON
Executive Director
Date:
October 30, 1991
SvnoDsis of Previous CftMMtssion/Coanci1/CftMMittee Action(s):
On October 24, 1991, the Redevelopment Committee recommended to the
Community Development Commission approval of the Employment Linkage
Agreement with New Age Water Technology.
RecDmmPnded Motion(s):
ICnwlllll'lnttv DeYeln.-Pnt r.~tBsion)
That the Community Development Commission authorize the execution of an
Employment Linkage Program Agreement with New Age Water Technology and
authorize an increase in the current budget of $2,000.00 to cover the
cost thereof.
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Administrator
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Executive Direc or
Contact person(s): Ken Henderson/John Wood
Phone:
5081
Project Area(s): Nt. Vernon (MY)
Ward(s):
Three (3)
Supporting Data Attached:
Staff ReDort: ARreement
FUNDING REQUIREMENTS:
Amount: $ 2.000
Tax Increment
Source:
Budget Authority:
Commission/Council Notes:
KJH:JMW:lag:2122J
CO~SSION MEETING AGENDA
Meeting Date: 11/04/1991
Agenda Item Number: 3--
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DBVBLOPMBRT DBPARTMBRT
OF TBB CITY OF SO BBRIIARDIltO
STAFF REPORT
Rev ue Water Tr..1mololN
"Dl~ent Lf.,.....e hrel!lllent
On October 9, 1989, New Age Water Technology (New Age) executed an
Employment Linkage Program Agreement with the approval and understanding
of the San Bemardino Employment and Training Agency (SBETA). Through an
oversight, the agreement was never brought forward for Community
Development Commission approval.
The Employment Linkage Program was approved by the Community Development
Commission to provide employer incentives sufficient to foster the hiring
of economically disadvantaged persons. Participation is limited to San
Bemardino residents and administration of the program is largely
administered by the San Bernardino Employment and Training Agency
(SBETA). The program pays a maximum of one-half of the employee's first
six months salary. If the employee stays on the job for nine (9) months,
a bonus, not to exceed $1,500, is paid to the employer. The maximum
benefit per employer is $100,000 and the total amount received depends on
the number of jobs created, the number of employees hired by SBETA and the
location of the employer.
New Age has operated in good faith, assuming, because it had not been
informed otherwise, that the agreement had been approved and executed by
the Community Development Commission. At present, the company is
employing two (2) persons that, provided the required duration of
employment is complied with, will qualify New Age for Employment Linkage
Program financial incentives.
At its October 24, 1991 meeting, the Redevelopment Committee recommended
that, in view of the fact that Rew Age executed the agreement, believed
that it was in force and has hired employees through SBETA in good faith,
the Community Development Commission authorize the execution of the
agreement, a copy of which is attached hereto.
Also being sought is approval of an increase in the current budget of
$2~000.00, to cover the Department's obligations under the subject
agreement.
Staff recommends adoption of the form motion.
~~~OR. Executive Director
Development Department
KJH:JMW:lag:2l22J
ClMIISSIOR MEETIBG AGElmA
Meeting Date: 11/04/1991
Agenda Its BuIIIber:
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EMPLOYMENT LINKAGE PROGRAM AGREEMENT
HIS AGREEMENT, made and entered into the j1Lday of
October . I9~, by and between THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter "Agency"),
and New Age Water Technology
346 South "I" Street San Bernardino, California 92410
(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 proqrarn is jOintly sponsored
by the Agency, the Private Industry Council of the City of
San Bernardino through its administrative entity, the San
c:> Bernardino Employment and Training Agency (SBETA), and the
San Bernardino Economic Development Council (EDC).
The Parties hereto agree as follows:
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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 establ ish Six (6) new job positions for
Certified Employees, subject to Contractor:s good faith
business needs, and will in good faith attempt to mai~t~in
the employment of such Certified Employees. Certified Employees
shall. be .deemed to include those long-term, econ~mtcall~
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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 s~ch 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 cOIlSfder .lItiy referrab'.fram .SanA.
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 Contracto~ 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
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($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 agree~ent 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 be made under this
agree'ment s.hall not exceed ($6,000.00) Six 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:del'!ed :uqua 11 fyi ng",under" the terms of "the agl?l1emen~,
provided that any employee employed as ~f tbe 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 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
O. in service" under Contractor's existing personnel policies
for pregnancy leaves, illness, military leave, or similar short
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~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.
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9. The parties acknowledge that Agency shall play no
role in the selection of employees, nor in any matter relating
to retention, promotion, layoff ~r 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 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.
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11. This agreement shall be assignable or transferable with
the sale of the entire business entity known as New Age Water
Technology 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'admiriistrative~en~:
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.
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<....-----. Joanne Zinunerman.
V' Di rector;Of Dpeyations
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13. Contractor 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, 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 asof the date and year first set forth
hereinabove.
CONTRACTOR:
New Age Water Technology
AGENCY:
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
By:
Chairman
By:
Secretary
Approved as to form:
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OxSTIlUCfIClIS 011. COII1'LUIIIG t'IIE ~/FIIST S01Jl\CE AGIEEIlENT
ro lie _pl.t.d ad ao1.Mi.d a tile _pl.t. .pplieaU_ fot
,.tticipaU_ a tile Job LlDka.. rro.tu. 10 .ppUeatl_ .., lie .ppt.....d
witbout ...bUtt1o& an lapl.,....t PleD (IEI'). _plated ad ol....d 1>1 t!>e
fin'o repta....taU....
A .,.clfie ..t1o& witll laplO1.t oIlall lie .ttan&od fot _leUoo of tUo
fOD 1>1'
k...-1e Dowl_t CaaDc1lllod....lo,...t .._, _ det.nlDeUoo
tIlat tIla .,1_ _ta tile toqol_U of rtoat.. r.ttlclpaUoo.
1. onICUL USE ORL'f SECTIC.lI 'fo lie e.-p1ecod 1>1 IJll ot DC otoff
,.to_ .0olotiD. laplo,Ot wit!> fon.
1. lion .pptopt1ote ..
2. __t to lie paid fot ..ell oU.lblo .,1_.
3. 'of job. ret.iD.d. _bet of jobo .,10J0t pl.... to retaiD.
4. 'of job. etuted. _bot of jobo .,1OJOt plaDO to nuto.
5. ron e...,J..t.d 1>1. tbo .....e' JOll reptaOlllt.
6. Cooteet. 'fOOt_.
7. _. 'foot pbooe _bet.
.. 'fielr.1et Dot.Co). 'fba ..u..t.d 010010& dot. <l... wIleD fuDd. .te
.l.burled). &eV!...1 ..C....ry.
CCIIrLETE t'IIE fOLLOIlIIIG ClIIl'f IF UPLICATIlIII 15 uraovm (5.. bott.. of fon).
1ll0tributiOll. Oleek. ud fotvatd oti&lDe1 lEI' to So lamatdloo
laplo_t ud !tolol... .....e' adleat1o&'
Appt....al Doto. _eato dot. tIlat .pplleaUoo woo officiall,
.ppt.....d. if UJ.
Dot. SubUtt.d to lIEU. :badleat. dote ot1&lDe1lE1' 10 ..llod to SIEIA.
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1-5 .. otatod.
.. lev Job craotiOll Froieetioo..
o Job titl.. _ of tbo _iUOO(o) tIlat tile .pl010t at...d.
to ereate.
o 'of Jobo. _bot of .... full-t_ ad pott-t_ jobo 1IIldet
tU. job U ele.
o SalatJ .....e. fte 111_ and un- _t tile .plo,et
atad. to pa, fot tll10 po.Uloo. Wiuto wbetbot till.
_t lo pat bout. pat _tb ot ..t JUt.
o 1IDl00 _botobi,. If oppUubla. tbo _ ad 1ou1 _bot
of tbo 1IIlioo repta...t1IlI till. job. If 1IIl101l _botoU, 10
aot appllca'b1e. pl.... bd1cate -al.-.
o Ftojectod tin Doto. _ tbo .plOJOt aUdpat.. Uti...
for thi. polltlDlh 1eft...1 aeeeaMl7.
7. :batOt..t iD 0J'f. 'fJ'fC. lion "I. a ..0Cu) fot FO.ta.. of
atotaot to .pIOJOt. :ba eootdiuUoo wit!> tile IIoJOt'O Offieo of
.pl_ot ad !toloi.... laplo,.ta ., ..cal... aalot)' taiabuta.ooU
adlot US endUo fot bid... .,1_0 lIbo ..t eattolo iDc_ ad
_lOJaaot edtotlo. UpOIl nealpt of plD. IIEIA w11l ptOYlde &On
lofotoOUoo 00 ptOlt... to lapl0J0t.
0J'f. raploJeta no Un ad ttd. eottalD allJlbla 11ldhiduolo .,
bo reiabutaed fot co.ta .oa_.t.d wit!> tile tnlDlol at . t.t. of .,
to 50Z of the _10J0e'. .... dottoa tba tnill11lS padod. ..d_ of
6 _tb.. !tdll1lll ..tiod. wiU ...tJ '.JI01ldlIlI 00 tile akiU
nqoltod. ~ta........to en lie ,,'e fot _ 11ldhl.ual. to toed...
cIa..roo- tralD1D1. COUIl8eliDI. orlentl.. ..dlu1, eh11dclre,
ttao.pott.Uoo aod otbot aame.. dut1o& the trolll1... patiod vi tbout
coat to the .plO'J'er.
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'fJ'fC' laploJOn lIbo Un ftoO tet..ted ._ a.. .ll.nl. fot
f.d.tal US endU. of ., to $3.000 (i.o. 50Z of tile fit.t $',000 a
..1&ry) _ t.be t.ar..t..d ..,lDJ..'. flr.t "'1". MlaI'7. ad ., tD
.1.500 <l... 251 of fit.t 16.000) a tbo aaeood JUt. Al.o ....U.bl.
.n State US erediu of ., to $300 UOZ of the fiut ".000) fot two
JUu. IoYO to lie 'IOUeboud b, IDD ptiot to .tett1o& dot. of
_lo_t.
111. rIIST IOtIIlCE UI'DaAL AGREEIIENT BECfIOlll 'fo lie .i....d ad dote' 1>1
ra,IOJOt. I, olllli.. tblo ..n...ot. tbo ..plo,et IIn.o to u.o tbo Cit,'.
_lo_t ad tt.lDloI .,.t.. a. . fitot .oote. b fiUi... poolUooa noatod
.. . to.alt of tUo ptolt... 'fba Ut1o& '.eioloo tuo1oa vitb tile .,loJOt.
lNCLIlDE OIIE con OF DlPL01IIENT rw/FIIST SOIlIlCE UI'DaAL AGREEIIEN'l
. !lIft UPLICATIOII. SUBMIT OIIGIJW. to BIEIA UPON DETDIIlNATIOII Tlll.T
IIIPLO'fD. 15 ELIGIILE FOB FIlOGUll 'Al.TICIPATICll.
01521.
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an 01 SAN lEIunnDfO
1. _ OFF1CUJ. USE ony
1. III 502 1'1 Lou
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IIIPLOYIIENT PtAIl AND rasy 10URCE UFIUAL
INSnuc:rlO11s: FOR JIIsnu 1 lEE
o Yo lie c..pl.t.d .t .pecUled _U'" .._ ..eoer ud laplorer
o s...bit COPJ a. pert of f1:la1 1_ peckale app11ceUDD
o Il>>oD aooroYal. auMlt orlpaa1 to lapl..,....t ud tn1a1:la arat.. at
adft.. belOlf.
o 1_ cloalo Ifad dlobur._t w111 CDDtaCt .. 1 r
4. 'of JoN Cnated
. OI1GDW.
UPOII "'KOVAL
20.
SaD "mordlno fap1..,....t , 1'ro1D1", ......cr
646 JI.Sl.rra War
SaD "mordiDo. CA '2401
lbDDOl (714) "1-7111
11.
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on pl.t.
111&_ DC_ _
6. Cootact.
. Addu..
New A e Water Technolo
346 South "I" Street San
Bernardino, Ca. 92410
7. 1'o1opIlODo .....r.
aaa DAYE .
I. Project.d Lou Clool", Dote:
714) 3B4-7111
. CoIltact hroOD .
Joanne Zlmmerman
. 1'Jpe of _1oao.
Fax 714 384-7110
Director of 0 erations
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Projected
II1ro Dote
Between October 9, 1989
and October 8 1990
Between ctober 9,
and October 8, 1990
Between October 9, 1989
and Oct ber 8 1990
Between October 9, 1989
Custodian 1 $5.00/hr N/A N/A and October 8, 1990
. C..b __.... MlarJ nt_'bur.-.c. aacJ caa cndSU an ...ua C-plOJea wbo II1n tbroa&b tM Cle,-. .plOJMDt
ad tralo1", aJOt... naooe lodicet. pour SIltaro.t 111 tile foUowSIlI ....r.... (See _roo at.. for bU.f
.e.crlpU.....) U JOU -.J.d UILa ..ro Sofo...tloll. ,1.... _lit ,. ..al.. a...oprht. .....C..).
.JOB 1':m.E
.
Material
Mater:-ial
handl er
handler
2
6.00/u
N A
.
89
Shippin9 and
receivin
1
6 00 hr
N A
N A
D
"J 011 tbe Job Tralo1oa
II 1'.net Jo" 1'u credit
111. rmy IEFEUAL AGlEEIIEII7
1'M ".rolped ropr....ta to tile IllAIDC It. as_t to ue ... "mordino lapl..,....t _ Tro101,,, Ir.t.. ..
a flret aourc. of ..ploroeot for.job apport_Ue. crooted.. a roD1l1t of ud 111 _CU.. wltb tbo a_
ld_Un.d project ud tb. adertakloa. ...loted tIlerobr. ad tbot t" data auMlttad boro1ll 10 t.... _d
correct.
I'R1N7 IWlE AND Y17LE OF ornc:m
SlGllA1'UlE
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ISYIIIA1'ED CASII IllIIUS AII0UJI'I
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New Business in San Bernardino anticipates hiring up to 6 employees (new)