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HomeMy WebLinkAboutContract 1739 COMMUNUITY HIRING EFFORTS MEMORANDUM OF UNDERSTANDING ACE HARDWARE This Memorandum of Understanding("MOU") is entered into this 28th day of February, 2018, by and between the City of Cathedral City, a California charter city, ("City") and Mike R Investments, a California Corporation doing business as (d.b.a.) ACE Hardware in Cathedral City("Business"). City and Business may be referred to individual or collectively as a"Party" or the"Parties." RECITALS A. The Business has received a business license and building permits to operate at 30025 Date Palm Drive, Cathedral City, CA 92234 ("Premises"). B. Business has not yet commenced commercial activity at the Premises, and has not yet hired employees to staff the Premises. C. One of the benefits of the Business operating within the City is to enhance local employment opportunities for residents of the City. D. Hiring locally may benefit Business in that minimal commute times and established connections to the community reduce employee turnover. E. City and Business desire to promote the hiring of City residents by Business, and the purpose of this Agreement is to lay out the steps that the Parties will take in furtherance of this goal. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: 1.0 COMMUNITY BENEFITS 1.1 Nothing in this Agreement shall be construed as requiring Business to hire City residents or requiring Business to make particular hiring decisions. Business retains the full authority to determine whom to hire. The purpose of this Agreement is to enhance Business's applicant pool and ensure that City residents are aware of employment opportunities at the Premises. 1.2 Business agrees for its initial employment opportunities to be advertised in media outlets serving the City and the Coachella Valley by engaging in direct advertising through its normal channels and by providing the Cathedral City Community Coalition(a.k.a. Inland Congregation for Change)with detailed job announcement(s) at least 7 days prior to the interview process. Cathedral City Community Coalition agrees to timely post the announcement(s)via several media outlets including,but not limited to, El Informador and La Prensa newspapers, CV Craig's List(Spanish/English), and community meetings. Business RIV#4850-2104-3027 0 1 agrees that for the first one(1)week that it engages in such advertisement,the advertisement will specify that the Business is seeking to employ City residents. Business further agrees that for the first one (1)week of the job posting,Business will limit interviews for the posted position(s)to individuals who are City residents. 1.3 Business agrees to hold at least one job fair within the City in partnership with an organization mutually agreeable to the Parties provided that the job fair is held at any time prior to or during its initial hiring phase for the Business. 1.4 Business agrees to provide,input in support of a job training program that may be developed in the future for City residents by a Local Resource Center mutually agreeable to the Parties. Business will provide information that introduces to the attendees the job skills that are necessary to be employed by Business at the Premises. 2.0 COOPERATION AND COORDINATION 2.1 City and Business agree to cooperate and coordinate in the implementation of this Agreement and the promotion of hiring City residents at the Premises. The Parties will act in good faith in carrying out this Agreement, and will communicate with each other in a timely and reasonable manner. City and Business will coordinate regarding reporting on the implementation of this Agreement to the City Council. 3.0 GENERAL PROVISIONS 3.1 If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid,void or unenforceable provision(s). 3.2 Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. 3.3 This Agreement shall be administered and executed by the City Manager or his or her designated representative on behalf of City. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Business and City. 3.4 The person or persons executing this Agreement on behalf of Business represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Business to the performance of its obligations hereunder. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the date and year first-above written. [SIGNATURES ON FOLLOWING PAGE] RN#4850-2104-3027 v3 2 r CITY PY CATHEDRAL CITY ACE HARDWARE Charles P. McClendon Michael G. Reinhardt City Manager Owner/Operator 4.ATTEST: Gary . ;Howell City Clerk APPROVED AS TO O Eric S. Vail City Attorney RIV#4850-2104-3027 v3 3