HomeMy WebLinkAbout1987-5022
RESOLUTION NO. 5022
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
AUTHORIZING AND DIRECTING THE EXECUTION OF AN
EMPLOYMENT LINKAGE PROGRAM AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND FRANK YOUSEF RASHED, DBA SALAD
BOAT MARKET
WHEREAS, the Redevelopment Agency of the City of San
Bernardino (the "Agency"), jointly with the Private Industry Council
of the Ci ty of San Bernardino, by and through the San Bernardino
Employment and Training Agency ("SBETA"), and the San Bernardino
Economic Development Council ("EDC"), sponsors an employment linkage
program; and
WHEREAS, said employment linkage program seeks to encourage
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the employment by private businesses of handicapped and long-term
unemployed; and
WHEREAS, FRANK YOUSEF RASHED,
dba Salad Boat Market
("Contractor") is establishing or has established a business in the
Northwest Project Area of the City of San Bernardino, qualifying
said business to be an employing contractor under the Employment
Linkage Program; and
WHEREAS, Contractor has requested admission to said program
as an employing contractor; and
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WHEREAS, it is reasonable and appropriate for the Community
Development Commission of the City of San Bernardino, acting on
behalf of the Agency,
to approve such an employment linkage
agreement.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING
ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
Commission
the
hereby
The
approves
Employment Linkage Agreement (the "Agreement") a copy of which is
attached hereto as Exhibit "A" and by this reference incorporated
herein.
The Chairman and Secretary of the Commission are hereby
authorized and directed to execute for and on behalf of the Agency
the Agreement, wi th such non-substantive changes thereto as may be
approved by the Chairman and Agency Counsel.
Section 2.
This
Resolution
shall take effect upon
adoption.
AYES: Members Estrada, Reilly, Flores, Minor, Miller.
NOES: None.
ADOPTED: .1111 Y h, 1987
Approved as to Legal
Form and Adequacy:
S -Mgo c) l)€i t-SCJt-
~~.G-r--
Counsel to the Commission
ABSTAIN OR
ABSENT:
Member Maudsley, Absent. Member Pope-Ludlam,
Absent.
By:
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SECRETARY'S CERTIFICATE
OF
ADOPTION AND AUTHENTICATION
I, GLENDA SAUL, Secretary of the Community Development
Commission, DO HEREBY CERTIFY that the attached Resolution is a true
and correct copy of Resolution No. 5022 adopted
July 6 , 19B-, by the Communi ty Development Commission
of the City of San Bernardino, by the vote set forth below, and that
said Resolution has not been amended or repealed.
Check Appropriate Box
COMMISSION MEMBERS
YEAS
NAYS
ABSENT
ABSTAIN
ESTHER R. ESTRADA
I X I
1=1
1=1
1=1
JACK REILLY
I X I
1=1
1=1
1=1
JESS FLORES
I X I
1=1
1=1
1 I
MICHAEL MAUDSLEY
1=1
1=1
1=1
I X I
TOM MINOR
I X 1
1=1
1=1
1=1
VALERIE POPE-LUDLAM
1=1
1=1
1=1
I X I
NORINE MILLER
I~I
1=1
1=1
1=1
DATED:
July 7. 1987
, 1987.
Glenda Saul, Secretary of the
Community Development Commission
of the City of San Bernardino
[SEAL]
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SBEOOOOl-195/2494S/bm
06/05/87
EXH I BIT "A"
EMPLOYMENT LINKAGE PROGRAM AGREEMENT
THIS AGREEMENT, made and entered into the
day of
,
1987, by and between THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO (hereinafter "Agency"), and FRANK YOUSEF
RASHED, doing business as SALAD BOAT MARKET, at 1655 N. Mt. Vernon,
San Bernardino, California (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 program is jointly
sponsored by the Agency, the Private Industry Council of the City of
San Bernardino through its administrative entity, the San Bernardino
EmplOYment and Training Agency (SBETA), and the San Bernardino
Economic Development Council (EDC).
The parties hereto agree as follows:
1. Contractor agrees that it wi 11 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 not less than five (5) new job positions for Certified
Employees, and will in good faith attempt to maintain the employment
of such Certified Employees. Certified Employees shall be deemed to
include those long-term, economically disadvantaged, unemployed
persons and handicapped persons who are bona fide residents of the
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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 recruitment 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 consider
any referrals from 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.
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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 job 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 one thousand dollars ($1,000.00), payable upon completion of nine
(9) months of continuous service by each such individual Certified
Employee.
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3. All payments to Contractor under this agreement shall
be in the form of a check issued by Agency within twenty (20) days
c: 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 agreement shall
not exceed seven thousand five hundred dollars ($7,500.00).
4. The parties acknowledge that, for the purposes of this
agreement, employment beginning July 7,
1987, shall be considered
as qualifying under the terms of the agreement, provided that any
employee employed as of
JuJy-1; 1987, or subsequent thereto, is
otherwise a Certified Employee under this agreement.
July 7, 1987,
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
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'- 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
continuously 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 term
leaves of absence, shall not constitute a disqualification as to
that employee.
5. No jOb created more than one year after Ju 1 y 7, 1987,
and no employee first hired for continuous employment more than one
year after that date, shall qualify for the compensation provided
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for herein.
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6. SBETA shall be the sole judge as to certification, and
Agency and Contractor agree to be bound by a certification by that
r 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
Ti tIe III of the Civil Rights Act of 1964, and with the policy of
the State of California, regarding discrimination in emploYment, 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 program, because of race, color, religion, sex,
national origin, age, marital status, handicap, or political
affiliation or belief.
9. The parties acknowledge that Agency shall play no ro~e
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
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the direction of the work of any employee.
Agency is not
responsible for any injuries sustained by employees of Contractor,
r- nor any losses sustained by employees hired pursuant to this
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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 collective 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
C Department of Industrial Relations,
enforcement procedures.
Division of Labor
Standards,
11. This agreement shall be assignable or transferable
with the sale of the entire business entity known as Salad Boat
Market, but shall not be separately assignable, transferable or
subject to attachment, except in conjunction 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 and its administrative entity,
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SBETA, and also in cooperation with EDC.
Contractor agrees 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,
their
authorized
and
through
Agency
SBETA,
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.
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 Employees, shall be bona fide jobs
and employees, and that all employees so hired shall be regular
members of Contractor's work force, subj ect 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.
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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:
AGENCY:
FRANK YOUSEF RASHED, dba
Salad Boat Market
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
By:
Chairman
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By:
Secretary
Approved as to form:
ACTING AGENCY COUNSEL
::~o & (jl((~
Charles R. Green
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