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HomeMy WebLinkAboutR03-Economic Development Agency o o o J.. o o 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. 03 Administrator ~ 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-- o o o. - o o 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: ~ - o o o 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: o 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~ o o 0' it L o o '. 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 -2- o o ~ - - o ($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 o teru leaves of absence, shall not constitute a disqualification ., o o 0' ~ o o ~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- o o o o o 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. -5- o o o -~ o o 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. -6- J . / /" -z<,,"y...;;:./.. ~~_--' <....-----. Joanne Zinunerman. V' Di rector;Of Dpeyations ~ o o o - III - o o 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: -7- BY~4~ l!l <- 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. o o 11. 1IlPLO'fIIEIIT rw HCfION 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. o. '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. a .. o .......- o o an 01 SAN lEIunnDfO 1. _ OFF1CUJ. USE ony 1. III 502 1'1 Lou -Ill 5O.J -0tIiU. ...o;;.,t. - 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. 1. .... of rln 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 l: 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 II67E DlSnDutl0Jl. II II II 111& DC liEU rKOVAL Jl6tE II67E 1llIH11'tED 1'0 I ISYIIIA1'ED CASII IllIIUS AII0UJI'I . ~. New Business in San Bernardino anticipates hiring up to 6 employees (new)