Loading...
HomeMy WebLinkAboutR07-Redevelopment Agency _ ...11 .. \ R&QVELOPMENT AOENCY-lOauEST FOR~MMISSION/COUNCIL AQ-ION - , ~m: Q,t: Glenda Saul. Ezecutive Director Redevelopment Agency Subject: ESTABLISHING OF EMPWYMENT LINKAGE lROGR.AM FOR AIRWAY SCALE CO. AND SUPERIOR WADCELL CO., INC. Date: October 14, 1985 Synopsis of Previous Commission/Council ection: 4-1-85 Employment LiDkage ProgrlUll approved 10-09-86 Review and approval of RDA Committee Recommended motion: Is (mMK1JNITY DEVEIDPMJIHT mMKISSIOH) a) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT CCIDIISSION OF THE CITY OF SAN BmNARDINO ADTII>RIZING AND DIRECXING THE EXEaJTION OF AN !/3lEl!l4JIHT BEl'WEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AIRWAY SCALE CO. b) MOVE TO ADOPT RESOWTION OF THE COMMUNITY DEVEIDl'MENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND liIRECXING THE EXEaJTION OF AN AGREEMENT BElWEEN THE REDEVEWl'MENT AGENCY OF THE CITY OF SAN BERNAkDINO AND SUPERIOR WADCELL CO., INC. c) Move to authorize Agency COUDael to prepare a Memorandum of Underatanding for executio between the Redevelopment Agency, City of San Beruardino and COIIlIIIUDity Development Department for reimbursement to the Redevelopment Agency for Airway Scalea and Superio Loadcell Employment Linkage AgreementB. ~~ ~~ . Signature Contact person: Glenda Saul Phone: 383-5081 Supporting data attached: YES ~ 'ward" AiiWDJ 9~Qlc .29,eOv. . Sup Loadce1l $20,000. "ect Amount: lr, . Pro, : Date: October 20., FUNDING REQUIREMENTS: No advsrse Impact on City: CCil Notes: 1986 l637G/JAT 10/20/86 J./JY1 Agenda Item No"~ city OF SAN BERNARDlNO - , -----l ' , -"... REQUQT FOR COUNCIL AC~ON I -~~ STAFF REPORT C Backgrouod On September 30, 1986. Btaff met with Raymond Mucillo, PreBident of Airway Scale and Manufacturing Co. and Superior Loadce11 Co.. Inc. Jim Butcher, a company repreBentative a1Bo attended the meeting. The firms have relocated to San Bernardino and are intereBted in our Fap10yment Linkage Program. Staff enjoyed an intereBting hiBtory of AirwaY'B inception from 1955 to the preBent. In 1955 the companY'B name waB United Scale Company. It waB Btarted in a traditionally modeBt faBhion in a Bmall garage located in Anaheim, CalifOrnia, with principal partnerB, Vincent and Raymond Mucl1lo. Following an acquired wealth of experience and knowledge in the Bca1e busineBB and BOon becoming inveBtorB and managerB, a Becond acquiBition of WeB tern Scale in loB Ange1eB occurred, dropping the United Scale name. Continued growth Baw the addition of Steve Muc1110 aB Executive Secretary-TreaBurer and SaleB &sineer. Five yearB of indepth reBearch and development brought about the firm's own scale line. Being very well received by the induBtry and a continuation of larger scale modela following, Western Scale Company developed an extensive mechanical line and a reputation that was widely known and respected throughout the industry. The third and fourth acquisitions were that of Kenatron Scale Co. and Conveyor Co. b 1967 and 1969, placing the company in the freight handling equipment buBineBB. o o With the need of additional manufacturing space, a new plant was built in San Diego in 1969. The Anaheim, California, operation co_enced in 1971, and the growth of Western Scale Co. became synonymous with quality scales at a reasonable price. but the "handwriting on the wall" dictated a more Bophisticated line of electronic equipment would be required for the future. In 1983, following many years and dollars spent, the company purchased the patents for ACME Scales and included this product in the equipment 1be. Due to the many different facets in non-scale equipment being manufactured by the company, in 1983 the company name _s changed from Western Scale to Airway Scale and Manufacturing Co., Inc. Additionally. in an effort to better serve the special requirements of different segments of industry, the Lauodry and Dry Cleaning Division waB fOrEdo manufacturing 12 additional products alone. Airway has purchased ten (10) acres in Riverside, California, for expansion and haB broken ground for a 30,000 square foot bUilding with 12.000 square feet being designated for engineering research and development and electronic 1ah. In thiB new facility, a new product can be developed from start to finiBh and teBted hefore it iB re1eaBed to the companY'B manufacturing plant. Airway.a plants are located in: . 0 . . . . '11-02" South Gate, ca - Corporate HeadquarterB and ManufBcturing Grand Terrace. ca - Loadcell Manufacturing San Diego, ca - Mechanical Sca1eB MemphiB, Tennessee - POBtal ScaleB and National Service Riverside, CA - New ReBearch and Development, Electronic Lab and Manufacturing .4 . CI-R- OF SAN BERNARDI~O - REQUaT FOR COUNCIL AcRoN o o o 7s..D2U STAFF REPORT Airway Scale and Manufacturiua Co., Inc., presently manufacturea 27 items in their product line, and they are as follows: . Low Profile Scales . Laundry Scales . Bench Scales . Railroad Track Scales . Sortiua Tables . Portable Sortiua Tables. Work Platforllll . Sl1Da Carts . Incline & Horizontal Pocket Loadiua Scales . Scissor Life Scales . Digital Indicators . Print Terminals . Special Software Programs . Postal Scales . Pancake Scales . Freight Hand1iua Scales . Motor Truck Scales . Infra-Red Countiua Systems . Soil Weight Count Systems . Basket Scales . Utility Carts . Docklift Scales . Sua1ua Networks . Printers . Computer Systems . Data Collection Systems . Batching and Filliua Systems Staff aees a solid growth potential as well as a substantial tax increase for the City of San Bernardino with the business' aDnual sales in the amount of approximately $4.5 million. Sam Henley and staff are workiua with them in this endeavor. Business' Obligations a) Airway Scale Hire approximately 20 entry-level positions through SBETA. b) Superior Loadce1l Hire approximately 20 entry-level positions through SBETA. Ageney Obligations a) Airway Scale Pay $500 for each new job created and $500 for each SBETA certified employee - retained for 9 months. b) Superior Loadcell Pay $500 for each new job created and $500 for each SBETA certified employee - retained for 9 months. City Benefits Utility Tax: Industrial .02 X 12,500 S.F. X 12 - $3,OOO/Year Upon the Redevelopaaent Committee's review on October 9, 1986, staff and Redevelopment Committee recommend approval of said company's Employment Linkage participation. l637G/JAT 10/20/86 o o 6 o o o o 1 2 3 4 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AIRWAY SCALE AND MANUFACTURING COMPANY REGARDING THE ESTABLISHMENT OF AN EMPLOYMENT LINKAGE PROGRAM. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF 5 THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Chairman and Secretary of the Community 7 Development Commission of the City of San Bernardino are hereby 8 authorized and directed to execute for and on behalf of the 9 Redevelopment Agency of the City of San Bernardino an Agreement 10 between the Redevelopment Agency of the City of San Bernardino 11 -and Airway Scale and Manufacturing Company regarding the 12 establishment of an Employment Linkage Program, with such non- 13 substantive changes to said Agreement as may be approved by the 14 Chairman and Agency Counsel. A copy of said Agreement is 15 attached hereto as Exhibit "I" and incorporated herein by this 16 17 18 19 20 21 22 23 24 25 26 27 28 reference as though fully set forth at length. Dated: Approved as to form: AGENCY COUNSEL BY~{~~ The foregoing resolution was duly adopted by the following vote, to wit: AYES: Members NAYS: ABSENT or ABSTAIN: A o o B o o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND AIRWAY SCALE AND MANUFACTURING COMPANY REGARDING ESTABLISHMENT OF AN EMPLOYMENT LINKAGE PROGRAM THIS AGREEMENT, made and entered into the day of , 19__, by and between THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, hereinafter "Agency," and AIRWAY SCALE COMPANY of 308 South Mountain View, San Bernardino, California, 92408, hereinafter "Contractor," sets forth the agreement between the parties concerning the establishment of an employment linkage program to be conducted by Contractor with 14 15 16 17 18 19 20 21 22 persons certified by the San Bernardino Employment and Training 23 24 25 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 will undertake to employ Agency (hereinafter "SBETA") who meet specified requirements, for entry level positions to be created by Contractor. Such employees shall be termed "Certified Employees." Contractor 26 agrees to establish approximately twenty (20) new job positions 27 28 for certified employees, and will in good faith attempt to maintain the employment of such certified employees. "Certified 1 o o e o o o o employees" shall be deemed to include those long-term, economically 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 c~r~ified 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 10 candidate satisfactory to Contractor, Contractor shall be 11 - 12 authorized to recruit through other means. Only persons who are 13 certified as eligible under the SBETA standards and who are 14 residents of the City of San Bernardino at the time of their 15 employment, shall enable contractor to qualify for the 16 compensation provisions of this agreement. Nothing shall prevent 17 Contractor from referring prospective employees to SBETA for 18 possible certification. 19 2. Agency agrees that it will pay to Contractor, Airway 20 Scale and Manufacturing Company, for each new job created as 21 herein provided for, the sum of $500.00, payable at such time as 22 the job has been in existence continuously for nine (9) months. 23 In addition, Agency agrees that it will pay to Contractor, for 24 each new certified employee who completes nine (9) months of 25 service in a newly created job, the sum of $500.00, payable upon 26 completion of nine (9) months of continued service by each such 27 individual certified employee. 28 1 2 3 4 5 6 7 8 9 2 o o o .L. Q c o o 3. All payments to be made by Agency under this program 1 shall be made in the form of a check to be issued by Agency to 2 Contractor, which check shall be issued within thirty (30) days 3 after SBETA certification. The total payments to be paid under 4 this agreement shall not exceed the total amount of $20,000, 5 6 subject to modification as specified in Paragraph 15 below. 7 4. The parties acknowledge that for purposes of this 8 agreement, employment beginning September 4, 1986, shall be 9 considered as qualifying under the terms of the agreement, 10 provided that any employee employed as of September 4, 1986, or Ii - subsequent thereto, is otherwise a certified employee under this 12 agreement. September 4, 1986, shall constitute the first day of 13 a one-year period during which creation of new jobs or employment 14 of certified employees shall entitle Contractor to compensation. 15 No compensation shall be paid as to a position unless the job 16 remains in place for the required nine (9) months, and no 17 compensation shall be paid to as to any individual certified 18 employee until the employee remains continuously employed for 19 nine (9) months. Any temporary "break-in service" under 20 Contractor's existing personnel policies for pregnancy leaves, 21 illness, military leave, or similar short term leaves of absence, 22 shall not constitute a disqualification as to that employee. 23 5. No job created more than one year after the date of 24 September 4, 1986, and no employee first hired for continuous 25 employment more than one year after that date, shall qualify for 26 the compensation provided for herein. 27 6. SBETA shall be the sole judge as to certification, and 28 Agency and contractor agree to be bound by a certification of 0 . l 1 0 2 3 4 5 6 7 8 9 8 o o o o 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 sol~ 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 state policy regarding discrimination in employment, and Contractor specifically agrees that no person shall be excluded from 10 11 _participation in, denied the benefits of, subjected to 12 _discrimination under, or denied employment or promotion in 13 connection with this program, because of race, color, religion, 14 15 16 17 18 19 20 21 ~ ~ ~ ~ 26 27 28 sex, national origin, age, marital status, handicap, or political affiliation or belief. 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, and Agency is not responsible for any injuries sustained by employees of Contractor, or 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 4 ~ o o 8 o o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 United States which affect employment, and any collective bargaining agreement between Contractor and any union or organization shall be respected. 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 Department of Industrial Relations, Division of Labor Standards, enforcement procedures. 11. This agreement shall be assignable or transferable with the sale of the entire business entity known as Airway Scale and Manufacturing Company, 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, SBETA, and also in cooperation with the San Bernardino Economic Development Council. Contractor agrees to cooperate fully with Agency, SBETA and San Bernardino Economic Development Council in their ongoing efforts to monitor the program, and in evaluating the program, and determining the results thereof. Contractor agrees to provide information to Agency, SBETA and San Bernardino Economic Development Council on an ongoing basis, for 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 5 ~ o 0 1 2 3 4 5 6 7 8 e o - - 1 o o o 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 representative 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 9 10 agreement, no employee shall be discharged or demoted in order to create an opening for a certified employee. Contractor It ~ 12 acknowledges that all positions created as certified jobs under 13 this program, and all employees hired as certified employees, 14 shall be bona fide jobs and employees, and that all employees so 15 hired shall be regular members of Contractor's work force, 16 subject to the same conditions of employment as the Contractor's 17 other regular employees, and shall be subject to the same rules 18 and regulations regarding termination, suspension or other 19 discipline. 20 14. This agreement shall be subject to modification or 21 amendment only by execution of a written amendment between the 22 parties hereto. 15. The parties contemplate the possible relocation of this enterprise, in which event additional employment opportunities may arise. In such event, this agreement shall be subject to modification to provide for more employees, and, if relocated to a Redevelopment Project Area, for an additional bonus for continuous employment of certified employees. Even if the ~ 24 ~ 26 27 28 6 - o o o o 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 - 18 19 20 21 22 23 24 25 26 27 28 o o o efforts to relocate into a Redevelopment Project Area are unsuccessful, Agency agrees to negotiate for an increase in the number of job positions covered by this agreement should Contractor expand its operations, provided that funds are then available within the then-existing Community Development Block Grant allocation for employment linkage. 16. Contractor agrees to search for a new site within a Redevelopment Project Area, in which search Agency shall cooperate and provide guidance and assistance. IN WITNESS WHEREOF, the parties have executed this agreement effective as of the date first and year set forth hereinabove. COll1'.rRAcmR: AIRWAY SCALE AND MANUFACTURING COMPANY AGBRCY: REDEVELOPMENT AGENCY OF THB CITY OP SAN BERNARDINO By: Raymond Mucillo, President By: Chairman By: Secretary Approved as to form: AGENCY COUNSEL By'~~ Allen R. Brig ~ Q j 1 0 2 3 4 5 6 7 8 8 o 27 28 o o o RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY or THE CITY OF SAN BERNARDINO AND SUPERIOR LOADCELL COMPANY, INC., REGARDING THE ESTABLISHMENT OF AN EMPLOYMENT LINKAGE PROGRAM. " -. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chairman and Secretary of the Community Development Commission of the City of San Bernardino are hereby authorized and directed to execute for and on behalf of the 9 10 II -and Superior Loadcell Company, Inc., regarding the establishment 12 13 14 Agency Counsel. 15 16 17 Dated: 18 Approved as to form: 19 20 21 22 23 vote, to wit: 24 25 26 Redevelopment Agency of the City of San Bernardino an Agreement between the Redevelopment Agency of the City of San Bernardino of an Employment Linkage Program, with such non-substantive changes to said Agreement as may be' approved by the Chairman and A copy of said Agreement is attached hereto as Exhibit "I" and incorporated herein by this reference as though fully set forth at length. :EHcr ~H/.& Allen R. Brigg The foregoing resolution was duly adopted by the following AYES: Members NAYS: ABSENT or ABSTAIN: ~ ~~ o b 8 o 1 o o o 1 2 3 4 5 6 7 8 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SUPERIOR LOADCELL COMPANY, INC., REGARDING ESTABLISHMENT OF AN EMPLOYMENT LINKAGE PROGRAM THIS AGREEMENT, made and entered into the day of , 19__, by and between THE REDEVELOPMENT AGENCY 9 10 It _LOADCELL COMPANY, INC., of 308 South Mountain View, San OF THE CITY OF SAN BERNARDINO, hereinafter "Agency," and SUPERIOR 12 13 14 Bernardino, California, 92408, 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 15 16 program is jointly sponsored by the Agency, the Private Industry 17 18 19 20 21 22 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 will undertake to employ 23 persons certified by the San Bernardino Employment and Training 24 Agency (hereinafter "SBETA-) who meet specified requirements, for 25 26 27 28 entry level positions to be created by Contractor. Such employees shall be termed "Certified Employees." Contractor agrees to establish approximately twenty (20) new job positions for certified employees, and will in good faith attempt to 1 0 1 0 2 3 4 5 6 7 8 9 10 11 12 18 B ' ' 14 15 16 17 18 19 ~ 21 ~ 23 ~ ~ 26 0 27 ~ o o o 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 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 satisfactory to Contractor, Contractor shall be authorized to recruit through other means. 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, Superior Loadcell Company, Inc., for each new job created as herein provided for, the sum of $500.00, 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 $500.00, payable upon , completion of nine (9) months of continued service by each such individual certified employee. 2 - o 0 1 2 3 4 5 6 7 8 9 10 e o ~ ~~ o o o 3. All payments to be made by Agency under this program shall be made in the form of a check to be issued by Agency to Contractor, which check shall be issued within thirty (30) days after SBETA certification. The total payments to be paid under this agreement shall not exceed the total amount of $20,000, subject to modification as specified in Paragraph 15 below. 4. The parties acknowledge that for purposes of this agreement, employment beginning September 9, 1986, shall be considered as qualifying under the terms of the agreement, provided that any employee employed as of September 9, 1986, or subsequent thereto, is otherwise a certified employee under this 11 - agreement. September 9, 1986, shall constitute the first day of 12 a one-year period during which creation of new jobs or employment 13 of certified employees shall entitle Contractor to compensation. 14 No compensation shall be paid as to a position unless the job 15 remains in place for the required nine (9) months, and no 16 compensation shall be paid to as to any individual certified 17 employee until the employee remains continuously employed for 18 nine (9) months. Any temporary "break-in service" under 19 Contractor's existing personnel policies for pregnancy leaves, 20 illness, military leave, or similar short term leaves of absence, 21 shall not constitute a disqualification as to that employee. ~ 5. No job created more than one year after the date of ~ September 9, 1986, and no employee first hired for continuous 24 25 employment more than one year after that date, shall qualify for the compensation provided for herein. 26 27 6. SBETA shall be the sole judge as to certification, and 28 Agency and contractor agree to be bound by a certification of 1 - o o o o UIl A ill! 1 o o o 1 2 3 4 5 6 7 8 9 10 If 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 state policy 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 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, and Agency is not responsible for any injuries sustained by employees of Contractor, or 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 A - o o e o ~ a o o o 1 2 3 4 5 6 7 8 9 10 11 - - 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 United States which affect employment, and any collective bargaining agreement between Contractor and any union or organization shall be respected. 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 Department of Industrial Relations, Division of Labor Standards, enforcement procedures. 11. This agreement shall be assignable or transferable with the sale of the entire business entity known as Superior Loadcell Company, Inc., 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, SBETA, and also in cooperation with the San Bernardino Economic Development Council. Contractor agrees to cooperate fully with Agency, SBETA and San Bernardino Economic Development Council in their ongoing efforts to monitor the program, and in evaluating the program, and determining the results thereof. Contractor agrees to provide information to Agency, SBETA and San Bernardino Economic Development Council on an ongoing basis, for 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 5 ~~ o o o o L ~ o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 success or failure of the program, and no confidential information relating to the operations of Contractor not directl relevant to such determination shall be sought or required under this agreement. During the term of this agreement, Agency and SBETA through their authorized representative 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, 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. 15. The parties contemplate the possible relocation of this enterprise, in which event additional employment opportunities may arise. In such event, this agreement shall be subject to modification to provide for more employees, and, if relocated to a Redevelopment Project Area, for an additional bonus for continuous employment of certified employees. Even if the ~ o o c....) \..,,. o o o o o 1 2 3 4 5 6 7 8 9 10 11 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 efforts to relocate into a Redevelopment Project Area are unsuccessful, Agency agrees to negotiate for an increase in the number of jOb positions covered by this agreement should Contractor expand its operations, provided that funds are then available within the then-existing Community Development Block Grant allocation for employment linkage. 16. Contractor agrees to search for a new site within a Redevelopment Project Area, in which search Agency shall cooperate and provide guidance and assistance. IN WITNESS WHEREOF, the parties have executed this agreement effective as of the date first and year set forth hereinabove. COftRAC'MR: SUPERIOR LOADCELL COMPANY, INC. AGBRCY: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Raymond Mucillo, President By: Chairman By: Secretary Approved as to form: AGENCY COUNSEL By: Allen 7 __.~;;,,,~,._,,,,',,,,,,,,,r-.__.. ..