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279489 N'HITE - GITV CLERK COUIICII �� PINK - FINANCE C I TY OF SA I NT 1 A ll L CANARV - DEPARTMENT �9LUE - MAYOR File NO• � Council Resolution Presented By "�� Referred To Committee: Date Out of Committee By Date WHEREAS, the City of St. Paul , with the Port Authority of St. Paul , has entered into the development of Energy Park and is investing public monies in said development; and WHEREAS, the Master Plan: Policies , Saint Paul Energy Park, adopted by the City of St. Paul and the Port Authority of St. Paul , states , "Putting people to work is an important objective of Energy Park. Moreover, the objective is to assure that a large proportion of Energy Park jobs are made available to the long-term unemployed and the hard to employ; and, WHEREAS, policies as stated in the Master Plan include: 1. The City shall establish as a goal that a minimum of one-half of the jobs created over five years of development of Energy Park shall be new jobs, as opposed to relocated or transferred positions , 2. The City shall establish as a goal for development of Energy Park that a minim un of one-third of all jobs �-- new, re1ocated, or transferred -- shall be entry-level positions , 3. The City shall establish as a goal for deve1opment of Energy Park that a minimum of one�fourth of all jobs -- new, re1ocated, or �transferred -- shall be filled by per�or,s �dentified as "hard-core unemployed" or "hard to employ," and WHEREAS, the Division of Manpower Programs will provide professional si:aff services in support of the Energy Park Employment Connections Executive Council , which has overall administrative responsibility for the emp�oyee recruitment, training and placement program; now, therefore, be it P.�SOLVED ; that the Council of the City of Saint Paul strongly supports a firm and vigorous application of the emp1oyment goals and policies for Energy Park adopted in the Master Plan; and, be it COUNCILMEN Yeas Nays Requested by Department of: Fletcher Levine [n Favor Masanz Nicosia scnetbe� __ Against BY -- Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY sy �lpproved by ;Navor: Date _ Approved by Mayor for Submission to Council BY - – — BY WH17E - CITV CLERK ��Li(7� PINK - FINANCE iv CANARV - DEPARTMENT G I TY OF SA I NT PAUL COUIICII 6LUE - MAVOR File NO. � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- FURTHER RESOLVED, that in furtherance of said goals and policies, the Mayor shall be and is hereby authorized to enter into an Agreement with the Port Authority in the form attached as Exhibit A, together with the Developer Clause attached thereto as Exhibit B and the Assumptions as Exhibit C which will require the Port Authority to require all persons, firms or corporations hiring employees for jobs substantially performed or carried out in Energy Park, as a condition of participation in the development of Energy Park and the benefits of public monies and effort expended therefor, to enter into appropriate agree- ments with the City and its designated agency in conformance with the Developer Clause attached as Exhibit B; and be it FURTHER RESOLVED, that in furtherance of said goals and policies and of the above Agreement with the Port Authority, the Mayor is authorized and urged to instruct the Division of Manpower Programs or other appropriate City agency to negotiate and enter into Employment and Training Agreements, as attached hereto as Exhibit D, with all persons, firms or corporations, including those whose agreements with the Port Authority contain the Developer Clause attached as Exhibit B, hiring employees for jobs substantially performed or carried out in Energy Park, as a condition of participation in the develop- ment of Energy Park and the benefits of public monies and effort expended therefor; and, be it FURTHER RESOLVED, that such Employment and Training Agreements and the Agreement between the City and the Port Authority shall cover and be applicable to all positions for which hard to employ, such as CETA-eligible persons, are or might reasonably be available; provided, however, that all such Agreements shall not cover those positions filled by contractors or sub-contractors in the development and construction of any structures or facilities in Energy Park or the operation and maintenance of the Central Energy Plant and Distribution System; any position where such coverage would violate or COUNCIL�iEN Requested by Department of: Yeas Nays Fletcher �ev�ne In Favor Masanz NiCOSia Scheibel _ __ Against BY — Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY B� !\pproved by Mavor: Date _ Approved by Mayor for Submission to Council BY - — — BY WHITE - CITV CLERK CQ�](�CIl �94g9 PINK - FINANCE G I TY OF SA I NT PAU L CANARV - DEPARTMENT �BLUE - MAVOR File NO• � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -3- impair existing contractual obligations between that employer and the City, Port Authority, or other public body involved in the development of Energy Park; positions covered by existing collective bargaining agreements; and any positions where coverage thereof would conflict with laws or regulations regulating labor-management relations and practices, or prohibiting practices which discriminate on the basis of race, religion, age, disability, color, sex, national origin, citizenship or political affiliation, or requiring affirmative action; and, be it FURTHER RESOLVED, that the strategy for carrying out the policy and intent of this Resolution, for negotiating and executing said Employment and Training Agreements, and for administering the obligations of the City thereunder, shall conform with the Agreement between the City and Port Authority; provided, however, that in all cases the Developer Clause shall be in each agreement between the Port Authority and a Developer before the sale, lease, IRB issue or other participation in the development of Energy Park by a prospective employer is finalized. COU[VCILMEN Requested by Department of: Yeas Nays Fletcher � Levine [n Favor Masanz � NiCOSia scneibei _ __ Against BY — Tedesco W ilson Adopted by C ouncil: Date NOV 2 3 1962 Form Approved by City Attorney Certified a_s Coun .il c et� BY By l�pprov av c Dat NQV � 6 ��1 Approved by Mayor for Submission to Council sy �L�� BY �UBIiSHE� U t C 41y$Z �� MEMORANDUM OF AGREEMENT The parties are: The Port Authority of the City of Saint Paul (Authority) and the City of Saint Paul (City) and its designated agency This Agreement is: 1 . Subject to the provisions of this Agreement the Authority agrees to insert in all Development Agreements, Financing Agreements, Land Sale Agreements or similar agreements applicable to Authority's Energy Park a clause substantially in the form attached as Exhibit A. 2. Said clause shall not be applicable to any agreement with any tenant or occupant whose agreement with the Authority has been approved by the Authority prior to the approval and execution of this Agreement or the Operation and Maintenance Agreement between the Authority and the Operator of Authority' s Central Energy Plant. 3. In the event a proposed Developer refuses to execute a Development Agreement or similar agreement with Authority containing the Energy Park - Port Authority Developer Clause, the Authority may make such a report to the City including the reasons for the proposed Developer's refusal to do so. The parties, including Developer, may utilize the mediation procedure out- lined in Paragraph 5 hereof in an effort to reach an agreement on a mutually acceptable Development Agreement for the Authority's Energy Park. 4. Upon execution of a Development Contract or similar contract for Energy Park, Authority shall provide the City or its designated agency with a name and telephone number for the Energy Park Developer and the City or its designated agency will be immediately make contact with the Developer and begin negotiations on the proposed Employment and Training Agreement between the City and the Developer. 5. The City shall have 60 days within which to reach an Agreement with Developer on a mutually acceptable Employment and Training Agreement. If at the end of the 60-day period there is no such mutually acceptable agreement, the Authority shall notify the City why the Developer and/or Authority have determined that such an agreement is not feasible. If after reviewing such documentation, the City determines that such reasons are not sufficient, the Authority, the City, and the City' s designated agenct, the Mayor's Office and Developer will enter into mediation. The mediation meetings shall be convened and chaired by the Mayor and the parties shall exert their best efforts to reach a mutually acceptable agreement. Exhibit A i�� a ,'-.. .-. . . 6. In the event a Developer does enter into such an agreement with the City pursuant to the Energy Park - Port Authority Developer Clause and the City alleges that said agreement is not being complied with, the Authority and City shall implement the mediation process provided in Paragraph 5 hereof. Dated: November 16, 1982. PORT AUTHORITY OF THE CITY OF SAINT PAUL By Its President By Its Secretary Mayor 11/16%82 ENERGY PARK - PORT AUTHORITY DEVELOPER CLAUSE ��}�QQ '#th7 Developer shall provide to the Authority within 60 days of the date Authority holds its public hearing on this project, a copy of the Employment and Training Agreement between Developer and the Division of Manpower Programs , City of Saint Paul , describing how the Developer will participate in the Employment Connection Program, an integrated program of training and employment for Energy Park employers utilizing funds and resources derived from both the private sector and the public sector. The Employment and Training Agreement shall contain the Developer's commitment to use the Employment Connection Program on a priority basis, when feasible, as a primary source for hiring new or replacement entry level employees for jobs created in Energy Park. The Agreement will describe the training resources and services that the Employment Connection Project will provide to the Developer and its sub-developers and tenants along with a time schedule for these training and hiring activities. The Employment and Training Agreement shall obligate Developer to apply the employment and training provisions of the Agreement to all sub-developers and lessees of the developer. If such written agreement is not reached within 60 days of the date Authority holds its public hearing on this project, developer shall provide written evidence to the City that such an agreement is not feasible or that the City is unable to meet the employment requirements of the developer. If such evidence is not presented, the Authority shall document the reasons why the Developer and/or Authority have determined that it is not feasible for developer and its sub-developers or lessee to enter the Employment Connections Program or other appropriate employment and training arrangements. Exhibit B '" . ' '�II�� If the City and the Manpower Division determine that the reasons given for not reaching agreement are not sufficient, the Authority, Manpower Division, Mayor' s Office, and the Developer will enter into mediation. The mediation meetings shall be convened by and chaired by the Mayor and the parties shall exert their best efforts to reach a mutually acceptable agreement. The Authority may at its option continue with the terms of any preliminary agreements, sales contracts or lease, or terminate such, providing financing has not been completed. 11/16/82 ' ' " 11-1-t3t • � . � -2'79489 ASSUPQPTIO�IS 1. The Port Authority (Authority) shotxl.d �ravide early in the negotiations a proposed Developer-Tenant �aith the marketing brochure on the �mployment Connections . Project, clarify the contractual obligations, and direct the poter.tial Developer-�enant to the Manpower Division prior to �he e:�ecution of any preliminary agreement between the Port Authority and Developer-Tenant whenever possible. _ 2. If the proposed Developer-Tenant refuses to enter into a Development Agreement with the Port Authority containing the Energy Park - Port Authority Developnent Clause the Port Authority may make such a report to the City Ad.*.linistra- tion and Manpower Division and the parties, including Developer- Tenant, may utilize the mediation procedures outlined in paragrah 7 below. 3. The Employment Connections Project should be marketed as an extra and subsidized Energy Park service which is designed for the benefit of Energy Park Develope�-Tenants. Each Developer-Tenant should be advised that the use of the Employment Connections Project is a formal contractual obliga- tion. . 4. The Authority should provide the t�ianpower Division cor�tract infor�:.ation to potential Energy Park Developer-Tenants � as �a�yy as possible and provide the Manpower Division with a . nar�a ��^�3 te?e�hone number for each potential Energy Park Dev:��Qr-Tenant, preferably before any preliminary agreement b�t�aeen the Port Authority and such Developer-Tenant is exe- cutEd. ' 5. The Manpower Division should immediately make contact with the employer and began work on the proposed Nian- � power and Training Agreement between the Manpower Division and the Developer-Tenant. � ' 6. If problems develop during the 60-day period al1c:Y�d to negotiate and execute said Agreement, Manpower Diui�ion should immediately notify the Authorityand a jointly agre�� upon plan of action should be implemented. � 7. If at the end of the 60-day neriod ther� is no r.��ually acceptable agreement between the Developer- Ter_a�� and the Manpower Division the Authority must notify the City ndministration and the P4anpower Division of the reasons why the Developer-Tenant and/or Port Authority have determined Exhibit C __..._. _ .. _. . . ., , ,. .__�._. _...,.... _,W..__ . .,..__ ___:_..�....�:,...�._ .-._ ..,�.�_ - � ' � � � ��$9 that such Agreement is not feasible. If after revi.ewing such documentation the Mayor' s Oftic;e anc� the �ianpo�aer Division determine that reasons are not sufficient, the Authority, Manpower Division, Mayor' s Off�.ce and Developer will. enter into mediation. The mediatzon meetings shall. be convened . and chaired by the Mayor and the parties sha11 exert their best efforts to reach a mutually acceptable Agreement. ' 8. It is the responsibility of the P�anpo��rer Division . to maintain current records on the Employr=�ent Connections . Project and th� performance of individual Energy Park businesses. 9. If an employer is not willir.g to execute such an Agreement wi�h the Manpower Division or there is a con- cern over the operation of such a plan, und�r the terrss of such an Agreement, then the mediation provisions of paragraph 7 will be applicable. /�W ---:--- - . ._.__...,�,.. _ .--.-- __.__.._.__Y .___._._ _ _ _ _ . --•--}----.--: Port Authority 11-3-82 �� CITY OF ST. PAUL EMPLOYMENT AND TRAINING AGREEMENT The Parties are: The City of Saint Paul (City) and (Developer/Employer) The Agreement is: I . GENERAL A. The City desires to increase employment opportunities for long-term unemployed, economically disadvantaged Saint Paul residents, with Developer/Employers for jobs within Saint Paul Energy Park . B. Developer/Employer agrees to use City as its primary source for recruitment, training, referral, and placement of new or replacement entry level employees in accordance with the terms of this Agreement. C . The City' s delegate agency will be the Division of Manpower Programs under the Employment Connection Project, Adams Building, 615 South Chatsworth, Saint Paul, MN 55102 (Manpower) , or by other appropriate City agency as may be designated by the Mayor. D. This Agreement becomes effected upon the date hereof and shall continue for five years from the time Emplo_yer/Developer occupies facilities in Energy Park, unless terminated as provided herein, E. This Agreement shall be applicable to all Developer/ Employer new or replacement entry level positions for which hard to employ, such as CETA-eligible, persons are or might reasonably be available. This Agreement shall not apply to those jobs covered by existing collective bargaining agreements or other contracts to which the Developer/Employer is a party, where the terms of this Agreement would cause Developer/ Employer to breach the provisions of such agreements . II . RECRUITMENT A. The employment positions covered by this Agreement include all Developer/Employer' s job openings performed within Energy Park, in the classifications, titles and qualifications contained in Exhibit A. Exhibit D � ' �� B. The Developer/Employer will notify Manpower of its need for new employees in covered positions as soon as the Developer/Employer decides to hire such employees or, if possible, eighteen (18) working days prior to the expected hiring dates. Notification may include the information required in Exhibit A. C. The Developer/Employer may notify Manpower of all vacancies for Developer/Employer job openings in ' Energy Park which are not covered by this Agreement. The Developer/Employer is not obligated to hire employees from these referrals from Manpower. D. Job openings which are filled by internal promotions from the D�veloper/Employer's local work force are not covered by this Agreement. III. REFERRAL A. Manpower will refer applicants according to the qualifications requested by Developer/Employer. B. If training for specific job openings has been agreed upon between the City and Developer/Employer in a separate agreement under paragraph V hereof, trainee applicants will be considered qualified only when the training is successfully completed by applicant. C. Developer/Employer reserves the right to make all decisions on hiring ne�a or additional employees, including the qualifications of applicants, but � " agrees to hire for covered positions from among those persons referred by Manpower who meet the � job descriptions and qualifications. IV. PLACEMENT A. When Developer/Employer notifies Manpower of job openings in covered positions .prior to eighteen �18} working days in advance of the proposed date to hire, Manpower will notify the Employer five (5) working days prior to the anticipated hiring date of the number of applicants Manpower will refer. B. If Manpower cannot refer the total nuxr►ber of quali�ied applicants, the Developer/Employer may fzl� the remaining positions by any rneans. C. Manpower will a) provide assistance and monitor job retention of employees placed under this . Agreement for six months, and b) monitor Developer/ Employer's performance under this Agreement. Developer/Employer will submit Quarterly Hiring -2- , �� 2'79489 Summaries, in substantially the form attached as Exhibit B. E. After the Developer/Employer has hired an applicant referred by Manpower, Manpower will not be responsible for the employee•s conduct and the Developer/Employer releases the City from any liability for the actions of such employees. V. TRAINING A. Manpower and the Developer/Employer may agree in a separate agreement to �develop classroom training, on-the-job training, pre-employment training or other training programs. The training specifications and cost for such training shall be set forth in that Agreement. B. The Developer/Employer will not discontinue routine on-the-job training to employees hired under this Agreement, because of this Agreement or supplements to this Agreement. VI. CONTROLLING LAWS AND AGREEMENTS A. If this Agreement conflicts with or requires Developer/Employer to breach an existing collective bargaining agreement or any other existing agreementsr said agreements shall prevail. B. Developer/Employer will provide Mangower with written evidence that Developer/Employer has provided the representative of any collective bargaining unit with a copy of this Agreement and has requested comments trom said unit. Developer/Employer will. provide such comments to Manpower. C. The Developer/Employer will not violate any local, state, or federal law or reguZation. VII. MISCELLANEOUS A. If Developer/Employer transfers al1 or a portion of its business to any other party by lease, sale, assignment, or otherwise, the Developer/Employer shall notify successor of the existence of this Agreement, notify City of the transaction priar ta closing, and requir�e successor to meet and confer with City an a new Employment and Training Ac�reement. B. Developer/Employer and City may mutually agree to modify this Agreement in order to improve the _ coverage, procedures, or working relationship des- � cribed herein or any other appropriate reason. _3_ - � � - � 2'��4�9 � C. The City may terminate this Agreemen� at any time by thirty (30} days ` written notifica.-kian to Developer/Employer if the suspension or termination of any grants or budgetary reductions funding its operations under this and similar Agreements, substan- tially impair City's ability to meet its obligations herein. D. Developer/Employer may terminate this Agreement by thirty (30) days' written notice to City for material breach of this Agreement. E. In the event of any material dispute between the Parties hereto relating to the application or operation of this Agreement, said dispute shall be resolved by mediation between the parties to this Agreement together with the Saint Paul Port Authority. Mediation meetings shall be convened and chaired by the Mayor of the City of Saint Paul. VIII. DEFINITIONS A. Energy Park: The area owned and developed by the Port Authority of the City of Saint Paul east of Snelling Avenue in S�int Paul. B. Covered Employees: New or replacement entry level employees and such other employees as may be mutually agreed upon between the parties. � . DEVELOPER/EMPLOYER CITY OF SAINT PAUL By Director, �anpower Pro- grams Its . �`��.�� i;ayor I ts - -4- ��;�� QUARTERLY HIRING SUMMARY For Quarter Ending: Listed below are the positions in your firm which are covered under the First Source Agreement with the City, Please list the number of hires for this quarter for each category and return this form to the Division of Manpower Program within 30 days following the close of that quarter. POSITION TITLE TOTAL NEW HIRES 1. 2. 3. 4. 5. 6. 7. 8. I certify that the above information is true and accurate: Autharized Signature Title Date Please return this form to: Division of Manpower Programs Adams Building 615 So. Chatsworth St. Paul, MN 55102 Exhibit E ' �I�� JOB ORDER FORM City of Saint Paul Division of Manpower Programs 1. Employer 2. Date 3. Job Title 4. Number of Openings 5. Job Location 6. Contact Person Phone 7. Supervisor 8. Beginning Date Ending 9. Starting Salary $ per Salary after training $ per 10. Benefits 11. Days to be worked 12. Hours 13. Will union membership be required? Yes No If yes, which union and local number 14. If this job involved on-the-job training to be subsidized by the City, how long will that training period be? (attach specific training plan) 15. Specific Duties 16. Necessary Qualifications Level of experience. or training required to enter program (include licenses and/or Skill certificates necessary) 17. Is a valid Minnesota drivers' license required? Yes No 18. Are your employees in this position expected to provide any necessary tools in the Job(s)? Yes No (If yes, please attach an itemized list (with prices) of tools required for each position. 19. Education level needed to perform this job (if any) _ OVER. . . 20. Deseribe any on-the-job training you normally provide for this position (ie, without ' �City funding) 21. Is there a possibility for promotion from this job? Yes No If yes, to what position(s)? � 22. Environmental Conditions 23. Physical Demands a. Working Environment a. Strength = % time job will require Standing o Inside % Walking o Outside % Sitting o b. Extreme Cold with YES NO Weight (Number of Pounds) or without temp- Lifting erature changes Carrying Pushing c. Extreme heat with Pulling or without temp- YES NO erature changes b. Climbing d. Wet and/or Humid Balancing e. Vibration Stooping f. Hazards Kneeling Mechanical Crouching Electrical Crawling Burns Explosives Reaching Radioactivity Handling Other Fingering Feeling g. Atmospheric Conditions Talking Fumes Dusts Mists Hearing Gases Ordinary Conversation Poor Ventilation Other Sounds Other Seeing Acuity, Near h. Noise Acuity, Far Estimated Maximum Number of Decibels Depth Perception Color Vision Field of Vision �i'4. Could a person with limited English speaking skills perform this job? Could a person with limited English reading/writing skills perform this job? 25. Is public transportation easily accessible? Yes No 26. Does the job require shift work or other than traditional hours? Yes No (If yes, please clarify) IANAF2Y — DEP4RTMEKT `)1 1 Y `�r �/L� j l� 1 1 �1 V L BLUE — ti�avOR F'l�f,s NO. _ City�Attny/PBB �o��C�l �PSOI,�tio� a�,� �4 � Presented f3y �.�?'�_s�'/�,�/ G . Referred To _ - Committee: Date Out of Committee By Date WHEREAS, the City of St. Paul, with the Port Authority of St. Paul, has entered into the development of Energy Park and � is investing public monies in said deve].opment; and . WHEREAS, the Master Plan: Policies, Saint Paul Energy Park, adopted by the City of St. Paul and the Port Authority of St. Paul, states, "Putting people to work is an important objective af Energy Park. P�toreover, the objective is to assure that a large proportion of Energy Park jobs are made available to the � long-term unemployed and the hard to employ. " and, WHEREAS, policies as .stated in the PZaster Plan includer 1. The City shall establish as a goal that a minimum of one=half of the jobs created over five years of . development of Energy Park shall be new jobs, as opposed to relocated or transferred positions, 2. �The City shall establish as a goal for development of Energy Park that a minimum of one-third of all _. _ jobs --. new, relocated, or transferred -- shall be entry-level positions, � 3. The City shall establish as a goal for development of Energy Park that a minimum of one-fourth of all jobs -- new, relocated, or transferred -- shall be filled by persons identified as "hard-core unemployed" or "hard to employ, " and WHEREAS, the Division of Manpower Programs will provide professional staff services in support of the Energy Park CUUI�ICILA�tEN Reqnested by Department of: Yeas Nays Fletcher � �ev�ne In Favor Masanz Nicosia � scne�bet __ Against BY Tedesco Wilson Form Ap roved by City Attorney Adopted b}• Council: Date — _ Certified Yc�ssed by Cuuncil Secretary BY _ t{,� ��ZJ?��Z B� /lpproved by �lavor: Date _. Approved by Mayor for,Submission to Council B5' — -- $Y ..__ _._ _ . - _ _ . _.._ , - _ . ,�,,;�.�.__ .. ... .__ - .�..,.�».-•�...��. ,. _ _. __ _. , .-w,._ � G-4N4Ry - DE�AHTMENT V I 1 � �1 ►�JA I l��T �'L� lf L� eLUE - •sAYO� File NO. �'ou�cal �esol�tio� Presentc:d f3y —_ �!'�'r�-�.�- �-i�-/� Referred To __ Committee: Date Out of Committee By Date � -- — - -2- Employment Connections Executive Council, which has overall administrative responsibility for the employee recruitment, �training and placement program; now, �therefore, be it RESOLVED, that the Council of the City of Saint Paul strongly supports a firm and vigorous application of the . employment gaals and policies for Energy Park adopted in the � Master P1an; and, be it _ FURTHER RESOLVED, that in furtherance of said goals and policies, the Mayor is urged to instruct the Division of ��anpower Programs or other appropriate city agency to negotiate and enter into First Source Agr�ements, as attached � hereto as Exhibit A, with all persons, firms or corporations hiring employees for jobs substantially performed or carried out in Energy Park, as a condition of participation in the . development of Energy Park and the benefits of public monies and effort expended therefor; and, be it � FURTHER RESOLVED, that such First Source Agreements shall cover and be applicable to all positions for which CETA-eligible � persons are or might reasonably be available; provided, however, that such Agreements shall not cover those positions filled by contractors or sub-contractors in the developm�nt and construc- tion of any structures or facilities in Energy Park, any position where such coverage would violate or impair existing contractual obligations between that employer and the City, Port Authority, or other public body involved in the development of Energy Park, COUNCILti1ElV Requested by Department of: Yeas Na}•s Fletcher _ Levine In Favo[ Masanz Nicosia Scheibel _ __ Against BY — Tedesco W ilson Form Elpproved by City Attorney Adupted ,�}� Cuuncil: Date _ Certifie�d F'assed by Council Secretary BY B; Appro�•ed b5� �tavor: Date � Approved by Mayor for Subm'cssion to Coucecil gy' ------ ---- — By ------- _ :__ _. .__�-_----. . .......__,..e„o,_. _ . _ _ _ _�____ _ _ _ . _ _ _ . _ _ .. r� . . _ ...�. ,p. , _ --- --- - -- �-�-�r�* . FIRST SOURCE AGREEMENT This First Source Agreement, hereinafter referred to as [he "Agreement," for recruitment, referral and placement is between the CITY OF SAINT PAUL, hereinafter referred to as the "CITY", and hereinafter referred to as the "EMPLOYER." Under this Agreement, the EMPLOYER will use the CITY as its first source for recruitment, referral and placement of covered employees. I. GENERAL TERMS � �'"��`�`'�.�-°.-�- A. The CITY wishes to increase employment opportunities for economically disadvantaged persons with employers hiring . for jobs substantially performed or carried out within the Saint Paul Energy Park. . � � B. In consideration for the investment of public funds which make the development possible, the EMPLOYER agrees to use the CITY as its first source for recruitment, ref erral, and placement of covered employees in accordance with the terms of this Agreement. C. The CZTY will provide employment recruitment, referral and � placement services to the EMPLOYER subject to the limitations set out in this Agreement. � D. The CITY's participation in this Agreement will be carried . out by the Division of tianpower Programs, Adams Build�ng, 615 South Chatsworth, St. Paul, rt13 55102, or by other appro- priate CITY agency as designated by the Mayor, to be referred to herein as "Manpower." E. This Agreement shall take effect when signed by the parties and shall be in full force and effect for a period of five years from the date the Division of Manpower Programs re- ceives the first job order from EMPLOYER or five years froiu the time EMPLOYER occupies facilities at Energy Park, which- ever comes first, unless terminated as provided herein. F. This Agreement shall cover and be applicable to all EbiPLOYER positions for which CETA-eligible persons are or might reasonably be available; provided that such Agreement shall not cover those positions or jobs (1) engaged in the construc- tion or building of the structures or facilities in Energy Park, (2) covered by existing collective bargaining agree- ments or any other existing contract to which the EMPLOYER is a party, where resort to the obligations and procedures herein would require the EMPLOYER to breach or impair the provisions of such other agreements or contracts, and (3) where resort to the obligations and procedures in this Agreement would require the EMPLOYER to violate any Iaws EXHIBIT A . -2- or regulations regulating labor-management relations and practices, prohibiting discrimination on the basis of race, religion, Sex, age, disability, color, national origin, citzenship, or political affiliation, or requiring affirmative action in hiring minority or protected-class persons. Positions which are not managerial, highly technical, or professional created in the future by the EMPLOYER, shall also be regarded as positions covered by this Agreement. Positions of a supervisory nature or which require two or more years of formal training are not considered covered positions. II. RECRUITMENT ' _,. A. The CITY and EMPLOYER agree that for purposes •of this AgreemenC, "covered positions," as limited and defined above, include all EMPLOYER's job openings in the Energy Park development for jobs � or positions substantially performed or carried out within Energy Yark, "within the job classiFication and titles listed below: Job descriptions and minimum qualifications for each of the above jobs or positions are attached to this Agreement as Exhibit A and are fully incorporated herein by reference. _. B. The EMPLOYER will also notify Manpocaer of all vacancies for positions - in Energy Park which are not "covered positions" as defined herein. Notification shall include qualifications, the rates of pay and the anticipated hiring dates. The EMPLOYER will also notify Manpower of the date by which Manpower mus� refer qualified applicants to the EMPLOYER for management, technical and professional vacancies; how- ever, the EMPLOYER will not be bound to hire from these referrals. C. Whenever possible, EMPLQYER will notify Manpower of its need for new or additional employees in covered positions at least eighteen (18) ' CITY working days prior to the hiring dates. When thi.s is not possible, due to unforeseen attrition or similar circumstance, EMPLOYER will notify Manpower of opening at the earlist possible opportunity, but in no case later than five (S) CITY working days prior to the hiring dates. D. For covered positions, notification to Manpower shall include, but need not be limited to, the number of eraployees needed by job title, . hiring dates, rates of pay, hours of work, anticipated duration of employment, work to be performed and the job description for each such position as contained in Exhibit A. Use of the Job Order Form contained in Exhibit B shall be deemed compliance with this paragraph. E. Job openings which are filled by internal promotion from the EMPLOYER's local work force need not be referred to Manpower for placement and referral. ._..,...,_.�...... _.. � .. . . _ . ,� ._ -..- _ .. __ . _ .. _ ..._�.__. ___._.�_--..__. _..._ ,.._.,........_,.��.,..�..�. . _.. . _.. . _.>_,.�.. . ,,...:r k,........, - - __ _ _ _ �.., .,. , .�� -3- III. REFERRAL A. Manpower will refer CETA-eligible job applicants to the EMPLOYER . in response to the notification of need for covered employees . described in Section II, above. _ B. rianpower will screen such CETA-eligible applicants according to the qualifications agreed upon with the EMPLOYER. �4��i:k- C. EMPLOYER will make all decisions on hiring new or additional employees, but agrees to hire for covered positians from among those persons referred to it by Manpower who meet the job descrip- tions and minimum qualifications therefor. IV. PLACEMENT A. In cases where EMPLOYER has notified Manpcwer of openings in covered positions at least eighteen (18) CITY working days in advance, Manpower will notify the EMPLOYER no later than five (5) CITY working days prior to the anti�ipated hiring date of . the number of applicants Manpower will refer. If Manpower has received less than the eighteen (18) CITY working days --- notification, Manpower will notify the EMPLOYER of the applicants it will refer no later than two (2) CITY working days prior to the anticipated hiring date. � B. In the event Manpower cannot refer the total number of qualified personnel requested, the EMPLOYER will be free to directly fill remaining positions for which no qualified applicants have been referred. C. Manpower will track job retention of employees placed under this Agreement for at least six months, or until job-related prablems do not occur following placement. EMPLOYER agrees to cooperate in Manpower's follow-up efforts. D. Manpower is required to monitor EMPLOXER's performance under this Agreement. EMPLOYER will cooperate in rianpower's monitoring efforts and will submit Quarterly Hiring Su�naries, a sample ' copy of which is attached as Exhibit C. E. After the EMPLOYER has selected its employees, Manpower will not be responsible for the employees' actions and the EMPLOYER hereby releases the City from any liability for their actions. ----- . _ --=--- __.___.,__ . _. , . _�, .. . . . _ ,�_. ....�..�.._._ _...� _ _ _ :.-.�___--.,.,...�,...,.�,,.,. -4- � � t �� V. TRAINING A. The EMPLOYER will not discontinue providing routine an-the-job training due to this Agreement. B. Manpower and the EMPLOYER may aoree to develop additional on-the- job, pre-employmen[ or other training programs; the training specifications and cost for such training will be mutually agreed upon by the EMPLOYER and the CITY and cavered in a separate training agreemeaC. VI. CONTROLLING REGULATIONS ANII LAWS A. If the coverage or scope of this Agreement conflicts with or re- quires EMPLOYER to violate-, any labor laws or other governmental � regulations, the laws or regulations shall prevail. B. If the coverage or scope of this Agreement conflicts with or re- quires EMPLOYER to breach a collective bargaining agreement or any other existing contract to which the E`�LOYER is a party, the bar- gaining agreement or contract shall prevaiZ. C. The EMPLOYER will provide Manpower with written documentation that the EMPLOYER has provided the representative of any involved collec- tive bargaining unit with a copy of this Agreement and has requested comments or objections. If the representative has any commenCs or ' objections, the EMPLOYER. will provide them to Manpower. I � " - D. The EMPLOYER will not discriminate against any applicant for employ- ' ment because of race, religion, age, disability, color, sex, national origin, citizenship, or political aftiliation. VII. ASSIGNMENT, MODIFICATIONS, RENEWAL A:vD SANCTIONS � A. If, during the term of .this Agreement, the EMPLOYER should transfer possession of all or a portion of its business concerns affected by this Agreement to any other party by lease, sale or assignment or otherwise, the EMPLOYER as a condition of transfer shall require the ' party taking possession to agree, in writing, to the terms of this Agreement. A new First Source Agreement will be executed with the new party prior to the effective date of transaction. B. The EMPLOYER and Manpower, or such other agent as the CITY may desig- nate, may mutually agree to modify this Agreement in order to improve the coverage, procedures or working relationship descr�bed herein. C. The CITY may terminate this Agreement at any time by ninety (90} days` � written notification if the suspension or termination of any grants � funding its operations under this and similar Agreements or if bud- getary reductions in the appropriations for administration of the ? program hereunder, substantially impair its ability to meet its � obligations herein. � � � ; � � . . � � � _._------ � . . _- - ... .__...__ ..._4. . ..� .. ..,:. �._�___ _. �_ , .-------. __ . _ ._ _ _ ,. -5- D. Either the EMPLOYER or the CITY may elect to employ binding � arbitration to settle any material dispute under this Agreement which informal good faith negotiating efforts have failed eo �.=�� - resolve. If either party elects to employ arbitration, the electing party shall deliver written notice to the other party � appointing one arbitrator, specifying the issues to be resolved ' - and detailing the desired remedy. The responding party shall return a written response to_the electing party wiChin fifteen (15) days. The response shall appoint a second arbitrator and shall outline the responding party's positions on the issue(s) . The two arbitrators so appointed shall select a third arbitrator within fifteen (15) days after the appoint- ment of the secona arbitrator. If the two arbitrators first appointed are unable to agree upon a third arbitrator within the time limit, then the third arbitrator shall be appointed by . After all arbitrators have been appointed, they shall make a written report within thirty (30) days to the parties on � the issue(s). The determination of a majority of the arbit- rators shall be final and binding upon the EMPLOYER and the • CITY and may include: 1. monetary damages directly related to any breach of this Agreement and the issue(s) raised; 2. specific performance of the Agreement provisions � and steps reasonably necessary to implement and monitor specific performance, which might in- clude retention of a prafessional job analyst designed by the arbitrators; 3. allocation of costs associated with the arbitration determination and steps necessary to implement and monitor that determination. The arbitration determination shall be fully enforceable in a _ court of law. Arbitration is not the exclusive remedy of the � parties for resolution of disputes arising under this Agreement, � 7 r��9 -6- and shall not be required of either party before the commence- ment of any proper action at law or in equity. Dated this day of , 19 .s.� ' *�. �^"�"�=K`-_ CITY OF SAINT PAUL - APPROVED AS TO FORM: Mayor City Attorney Director, Department of Finance & ' rfanagement Services EMPLOYER By Its By Its __ _, .,�...._ . . _ _ . __ . _ . , -7- STATE OF MII3NESOTA ) ) SS. COUNTY OF RAMSEY ) . _ On this day of , 19 , before me, a _..a Notary Public within and for said County, personally appeared GEORGE LATIMER, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the CZTY OF SAINT FAUL, and that he executed the foregoing instrumenfi on behalf of the CITY OF SAINT PAUL. " -- :: STATE OF MINNESOTA ) ) SS. . . COUNTY OF RAMSEY ) On this day of , 19 , before me, a Notary Public within and for said County, personally appeared ALBERT B. OLSON, to me personally known, who, being by me duly sworn, did say that he is the Director of Finance & Management Services of the CITY OF SAINT PAUL, and that he executed the foregoing instrument on behalf of the CITY OF SAINT PAUL. _._.......--_ _ �._.._..�.. . .. ._ _. - . _ ,._.�..,� .:,- --_..�.,.,..... -8- STATE OF MINiTESOTA ) � ) SS. COUVTY OP RAAtSEY ) On this day of , I9 , be�ore me, a notary • public within and for said County, appeared and , to me personally known, who, being - `f each by me duly sworn, did say tha� they are the � and of the corporation named in the foregoing instrument, and that the instrument was signed on behalf of said corporation by authority of its and said and acknowledged said instrument to be the free act and deed of said corporation. . .� _- _ . _. . __ .- - - :- - . . .. _ .. . . . . .. . �..._••__•..Y._-___....,r�.... .. .. .. . .. ... . .. ...... . .. . . .. . . ... .. . . ' �. . . ... . ... . . ...... . . ..._. ..........�....�,�.+-�.w. �: . . ...� . .....v"'�..r�+wwy�,:.. ' � • J. �f �j,� j� /:j .. • - . . . . �yt� .7 . iJ F � JOB ORDER FORM City of Saint Paul Division of hfanpower Programs I. Employer 2. Date 3. Job Title 4. Number of Openirtgs S. Job Location 6. Contact Person Phone 7. Supervisor _ 8. Beginning Date Ending � . . � . � �..7i. . . ' 9. Starting Salary $ per Salary after training $ per _ _ 10. Benefits 11. Days to be worked� 12. Hours 23. Will union membership be required? Yes No � . If yes, which union and local number 14. If this job involved on-the-job training to be subsidized by the City, how long will that ', training period be? (attach specific training plan� !, 15. Specific Duties . 16. Necessary Qualifications Level of experience or training required to enter program (include licenses and/or Skill certificates necessary) 17. Is a valid biinnesota drivers' license required? Yes No • 18. Are your employees in this position expected to provide any necessary tools in the Job(s)? Yes No (If yes, please. attach an itemized list (with prices) of tools required for each position. 19. Education level needed to perform this job (if any) __ OVER. :: .___. . _ , .. . : - -------,-„4__., _..._�..r_._--�,a.r.�.....,..-- - :. . . :. � - < ..__ [U. llesCrlbe any vn c.ne-�o� raining yvu rivrn�aily yruviae vr Lnis posi�ivn �ie, wi�nvut GiXy funding) � _ . . � `�� 21. Is there a possibility for promotion from this job? Yes No If yes, to what position(s)? 22. Environmental Conditions 23. Physical Demands a. i�orking Environment a. Strength = % time job will require Standing o Inside % . Walking % Outside o Sitfiing % b. "Extreme Cold with YES NO Weight (Number of Pounds) or without temp- . Lifting � _� „ erature changes Carrying �� Pushing c. Extreme heat with � Pulling � or without temp- erature changes YES NO d. �9et and/or Humid b. Climbing Balancing � e. Vibration Stooping f. Hazards Kneeling Mechanical Crouching Electrical Crawling Burns Explosives Reaching _ Radioactivity Handling -- Other Fingering �"' Feeling ' g. Atmospheric Conditions Fumes Talking Dusts. Hearing Mists Ordinary Conversation Gases Other Sounds Poor Ventilation - Other Seeing h. hoise � Acuity, Near Acuity, Far Estimated Maximum Number Depth Perception of Decibels Color Vision Field of Vision 24. Could a person with limited English speaking skills gerform this job? � Could a person with limited English reading/�ariting skills perform this J ob? 25. Is public transportation easily accessible? Yes No 26. Does the job require shift work or other than traditional hours? Yes ho (If yes, please clarify) - _____�::__ _ . _..� .,... . .,..,_., __,..,.,-<,,..-...,�,•*-,+ ATTACH,'�IEIvT "$" . . � `i � y�?� QUARTERLY HIRING SL�iMARY For Quarter Ending: Listed below are the positions in your firm which are covered under the First Source Agreement with the City, Please list the number of hires �or this quarter for each category and return this form to the Division of rianpower Program within 30 days following the close of that quarter. � POSITION TITLE TOTAL NEW HIRES x;�' ,,.,;,�:_, I. � 2. 3. . 4. S. � 6. 7. . 8. . I certify that the above information is true and accurate: Authorized Signature Title Date Please return this form to: Division of Tlanpower Programs � Adams Building 615 So. Chatsworth St. Paul, b�i 55102 __ - _ ... _ _ _..__-_...--�- L � � ;,1 � FI,RST SOURCE AGREEMENT STRATEGY `� j=s �,,i � .. . �:< EMi'LOYER Person, firm or corporation seeks and applies for land purchase, lease, IRB or other involvement in the Energy Park Development. �i+ ST. PAUL PORT AUTHORITY, DEVELOPER OR BUSINESS *�Screens employer for elioibility _ * Informs employer of First Source Agreement requirement .for purchase, lease, IRB or other participation in the development ' of Energy Park _ ,��. ; �;,g.. * Notifies Manpower staff of application. ' � ST. PAUL MANPOWER * Schedules appointment and goes to see employer * Explains First Source Agreement in detail * Reviews all job classifications at firm � * With employer, develops a list of jobs to be covered by First Source Agreement * Develops complete First Source Agreement contract (jobs covered, descriptions, qualifications) with the employer and reviews re- ferral, hiring, and reporting procedures. Executed First Source . Agreements must be completed prior to closing of purchase, lease, IRB contract, or other participations. __: � - ' EMPLOYER * Presents executed contract * Finalizes sale, lease, IRB or other involvement. � ST. PAUL MANPOWER * Sends qualified applicants within 5 to 18 days after receiving the employer's notice. � EMPLOYER * Hires one or more applicants. � ST. PAUL PLANNING AND ECONOMIC DEVELOPMENT � Conducts annual monitoring of employer expansion and hiring. � ST. PAUL MANPOWER * Monitors hiring using Quarterly reports from employer � Addresses any compliance problems by utilizing negotiation as first step. EXHIBIT B ___.__ .,....'...,,. _ _._ _ -------- ._.._ _ - ,..r� _..,..... _:_ _ _... ...._ ,, __ _ _ .. .,... . _ .. ---,-�•:.-..-