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B. BORROWER also agrees to use its best efforts to hire persons of low income in at <br />least 51% of the BORROWER'S covered positions; at least 70% of whom are <br />residents of incorporated San Leandro. <br />II. GENERAL TERMS. <br />A. The BORROWER acknowledge that a major reason why BORROWER has been <br />selected for Small Business Loan Fund assistance is because of the expectation that <br />BORROWER will make their best good faith efforts to make available a majority of <br />jobs which are created or retained through assistance from the Small Business Loan <br />Fund to low income persons. <br />B. In order to meet the low income person hiring objective, BORROWER agrees to use <br />its best efforts to hire low income persons into 51% or more of such job positions, <br />and 70% of those hired are residents of incorporated San Leandro. <br />III. DEFINITIONS. <br />A. "CITY" shall mean the CITY'S Department of Development Services acting through <br />the Department's Director of Development Services or the Director's designated <br />representative and any CITY designated agency which provides services pursuant to <br />the terms of this Agreement. <br />B. "Covered position" means any of BORROWER'S job openings for permanent jobs in <br />San Leandro created or retained as a result of BORROWER'S receipt of a loan or loan <br />guarantee from the Small Business Loan Fund. A covered position shall be deemed <br />to be available to low income persons if it does not require special skills or requires <br />special skills for which the BORROWER agrees to provide training. A job position <br />requiring special skills is any job, the performance of which requires, as a minimum <br />qualification, that the job candidate possess one year or more of prior relevant <br />training, work experience or post high school education. In addition, the following <br />requirements shall apply in determining whether a job vacancy constitutes a covered <br />position. <br />All new, permanent jobs in BORROWER'S San Leandro facilities shall be <br />counted in evaluating the BORROWER'S attainment of the minimum 51% goal, <br />regardless of the size or amount of the revolving loan approved by CITY. <br />a. For the purposes of this Agreement, a job shall be deemed a permanent job <br />if the anticipated need for such position is at least one year's duration. <br />b. Any permanent part-time job may be counted in evaluating BORROWER'S <br />performance by converting each such job into a fractional equivalent of a full <br />time job. <br />c. A seasonal job shall also be considered to be a permanent job if the duration <br />of the season is long enough for the job to be considered as the principal <br />occupation of a person who normally performs such job. <br />CDBG Employment Agreement EXHIBIT D <br />Page 2 of 7 <br />