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Grant ConditionsGrant Assistance Agreement & Certification of Compliance with Grant Conditions Note: This form is a sample agreement to be completed with attachments. It serves to solidify the relationship of the business to the grant project. It also informs the business of the requirements needed for grant assistance. This form must be completed and signed by the application deadline to be reviewed and ranked. Introduction These Idaho Community Development Block Grants are funded by the federal government for the specific purpose of creating jobs for Low and Moderate Income (LMI) persons. The construction of the infrastructure for the benefit of a business is only a means to this end. An assisted business must realize the receipt of grant assistance obligates them to fulfill this national objective of assisting LMI persons. Sometimes this means the business must modify its hiring policies and collect additional data from the persons hired to fill the new job or existing positions that become available through turnover. It also means the business will make its records available for inspection by federal, state, and local officials to document LMI benefits have occurred. Agreement The City of Meridian is applying for an Idaho Community Development Block Grant to provide electrical power infrastructure improvements from which Louisiana-Pacific Corp. will benefit. Louisiana-Pacific Corp. has plans to expand in the City of Meridian, County of Ada, Idaho due to the receipt of a grant that will increase or provide public infrastructure sufficient for the company's needs and requirements. As a result of the grant assistance, the company certifies and agrees that by December 31, 2004, it will create 39 jobs as a direct result of the grant project and that of those jobs at least 51% will: (choose one option below) _ be made available to LMI persons. XX will be held by LMI persons. The company further agrees to abide by all the following conditions of this Grant Assistance Agreement. Definitions A. The City of Meridian, hereafter is known as the GRANTEE. B. The Louisiana-Pacific Corp., hereafter is known as the COMPANY. C. Funding Source: The Idaho Community Development Block Grant (ICDBG) program is funded by the U.S. Department of Housing and Urban Development (HUD) and managed by the Idaho Department of Commerce (DEPARTMENT). D. Low and Moderate Income (LMI): Family median income standards are set by HUD at a county level and by family size. Families having income 80% or less of the median income are defined as moderate income families. Families having income 50% or less are defined as low income families. HUD prepares a family size and income table each year. E. LMI Person: A member of a LMI family. F. Full-Time Equivalent (FTE): Job creation must be calculated in FTE's. Part-time jobs must be aggregated into FTE's. Generally, employment of 2080 hours per a 12-month period or 30 hours or more a calendar week, is considered to be full-time. G. The Job Training Partnership Act (JTPA): The federal law that provides for the Private Industry Councils and job training programs for income qualified persons. New employees hired through JTPA programs are automatically considered LMI persons. H. First Source Hiring Agreement: An agreement between the company and the Private Industry Council where the company agrees to first seek job applicants from the JTPA before seeking job applicants from other sources. I. Full Application: The community's application to the Idaho Department of Commerce for Idaho Community Development Block Grant (ICDBG) assistance. The application details the business plans for location or expansion in the community and the type of new jobs, number of new jobs, and other information as required by the ICDBG program. The Project The GRANTEE agrees to provide the following public infrastructure to assist the COMPANY with its planned expansion or location in the community. Improvements in conjunction with Idaho Power to deliver additional electrical power from the Franklin/Main Street transfer station to the Franklin Road location of Louisiana-Pacific Corp. Jobs Creation/Retention The COMPANY commits that by December 31, 2004, it will create 39 net new FTE jobs above its current employment as established by the COMPANY payroll of April 1, 2004, hereby incorporated into this agreement. Of these jobs, 51% will (choose one option below) be made available to LMI persons. XX be held by LMI persons. Job Descriptions Referenced The job descriptions of the jobs to be created and/or retained, as included in the full application, are hereby incorporated into this agreement. The jobs are described by job title, skill level, training opportunities and whether they are considered LMI jobs. If there is a combination of created and retained jobs, the job description will indicate whether created or retained applies. Timetable for Job Creation The COMPANY will report job creation and hiring efforts and provide supporting evidence and documents on the timetable set forth herein. Also included here are major milestones of the company's location or expansion efforts, such as start of construction, completion, production startup, etc. DATE ACTIVITY DOCUMENTATION REQUIRED January, 2004 Approval of Corporate Capital Improvement CPMS Signature Project for $14.7 million to add production Capability to Meridian facility March, 2004 ID Power completes initial upgrades to 3MW Line as temporary solution to power needs. April, 2004 First of three new extrusion lines is installed Begin addition of supplemental staff to service new lines Job Fair, Job Service Positing, Temporary Agencies referrals established May, 2004 Three new extrusion lines installed and aligned For full operation by month-end Fall, 2004 With grant assistance, begin installation of IOMW power line extension and required ID Power Meridian Substation Upgrades. December, 2004 Hiring of new staff complete 2005-2006 Capacity to expand for installation of 5 additional extrusion lines with corresponding staff expansion. Recordkeeping and Reports The COMPANY will maintain evidence and documentation of the jobs to be created and/or retained and the persons hired to fill the new jobs and/or employed currently. The information will include the person's name, family income, race, ethnicity, sex, and handicapped status. This information will be maintained for three (3) years beyond the final date of completion of the job creation. A. When the business has chose to document that at least 51% of the jobs will be available to LMI persons, the following documentation must be attached to this agreement. A listing, by job title, of the permanent jobs to be created, indicating which jobs will be available to LMI persons, which jobs require special skills or education, and which jobs are part-time. 2. A detailed description of the training to be provided for any jobs requiring special skills or education. If another agency will be doing the training, documentation of its commitment shall be included. 3. A description of actions to be taken by the grantee and business to ensure LMI persons receive "first consideration" for the jobs. First consideration means a business will give objective consideration to the employment of LMI persons. For a business to demonstrate it considered a LMI person, it must agree to obtain and keep on file for verification a written certification by the person of his or her family income and size or agree to consider referrals from an employment agency. The employment agency must agree to refer individuals who they determine to be LMI based on HUD or JTPA criteria. These entities must maintain documentation that is available for grantee or federal inspection. The first consideration approach was developed by H[JD with the expectation that over 51% of persons hired will be LMI. Merely considering 51%LMI persons for 100 created jobs is insufficient, because jobs are not offered to, or taken by the first person interviewed. The hiring practices of the business must be analyzed. Should it appear the normal practice is only one of three people interviewed are hired, then a comparable number of LMI persons should be given first consideration for the job. The business is required to consider a sufficient number of LMI job applicants to meet this requirement. 4. The grantee and business agree to have on file, once jobs are filled, a listing by job title of permanent jobs filled, which jobs were made available to LMI persons, total household income of persons filling jobs, and documentation of how first consideration was given to LMI persons. The documentation for first consideration must include the hiring process used, which LMI persons were interviewed for a particular job, and which LMI applicants were hired. B. When the business has chosen to document at least 51% of the jobs will be held by LMI persons, the following documentation must be attached to this agreement: 1. A listing by job title of the permanent jobs to be created, what skills and education are required for those jobs, which jobs are likely to be held by LMI persons, and which jobs are part-time. 2. Once the jobs are created, the grantee and the business agree to have on file a listing by job title of the permanent jobs filled, which jobs are held by LMI persons, and the person's total household income before the person is hired for the job. C. When LMI benefit is based on job retention, the files must include: 1. Evidence the jobs would be lost in the absence of CDBG assistance. 2. For each business assisted, a listing by job title of permanent jobs retained, indicating which jobs are part-time and which jobs are held by LMI persons at the time the assistance is provided. 3. Information on the size and total household income for each retained job held by LMI persons. 4. Where applicable, identification of the retained jobs projected to be held by or become available to LMI persons through job turnover within two years of the CDBG assistance (the business must select either the held by or available to criteria). The information the job turnover projections were based upon must also be included. 5. For jobs based on turnover to be taken by or made available to (select one) LMI persons, a listing of each job that has turned over to date and the respective documentation required for, taken by, or available to, as listed previously. D. Acceptable documentation on applicandemployee family income includes: 1. Verification the employee/applicant is a referral from state, county or local employment agency or other entity that agrees to refer individuals who they determine to be LMI based on HUD's criteria. These entities must maintain documentation that is available for grantee or federal inspection. 2. Written certification signed by the employee/applicant of household income and size to establish LMI status showing either the actual income of the family or a statement the family income is LMI according to CDBG standards. These certifications must include a statement the information is subject to verification by the local or federal government. 3. Evidence that employee/applicant qualifies for assistance under another program with income qualification criteria at least as restrictive as those used by this program. This could be referrals from the Joint Training Partnership Act, except for referrals under the JTPA Title III program for dislocated workers. Monitoring Rights of Government Officials The information and all records related to the job creation will be made available to the GRANTEE, the Idaho Department of Commerce, and federal officials from the U.S. Department of Housing and Urban Development. The COMPANY will allow the above officials access to the records during regular working hours. The COMPANYT shall, upon request, allow for visual inspection of the company expansion and provide for interviews with employees to verify job creation. Penalties and Remedies Regardless of the number of new jobs created, the COMPANY agrees to reimburse the GRANTEE the entire amount of the grant if less than 51% of all new jobs created are filled by LMI persons. The COMPANY agrees to reimburse the GRANTEE a pro rata dollar amount per job not created if the total number of new jobs created does not meet or exceed the number of jobs committed above. The dollars per job ratio is $5,385, being the grant dollar to new job ratio contained in the full application. The COMPANY agrees that the decision of the DEPARTMENT will be final in judging the level of job creation and the percentage of LMI persons hired. Effectiveness This agreement is effective from the time the full application is submitted to the DEPARTMENT and will remain in effect until the jobs are created and the grant is closed out by the DEPARTMENT. Closeout occurs after the DEPARTMENT determines the GRANTEE has complied with all grant conditions, regulations, and the COMPANY has created the jobs per this agreement. This agreement is based upon the contract, rules, and regulations of the ICDBG program. Signatures I certify by my signature that I have the authority to commit the Louisiana-Pacific Corp. to this Grant Assistance Agreement. ~ F~ ,- ~ Signed: ~ ~ ~''~ ~r~ 'z.. ~ ~ ~~ Date: ~~`~ ~ j /' G Name and Title: Kenneth E. Rooski, Plant Manager Louisiana-Pacific Corp Meridian Idaho I certify by my signature that I have the authority to commit the City of Meridian to this Grant Assistance Agreement. Signed: ~~~- 4 ' '\.~~ Name and Title: l/~IGL!/~~ ~• ... _ a. , Date t~ii ~ ~~~~ ~~ ;~ ~'~ -~ ZZ~d~ ~~ ~~~~ /» G \~G~~POf~ TF ~2 ~'~;. ~'~ - SEAL 'G ~~' A. /,9~~ ~LS~ 1ST ',~ P~~`\\\` ~ °