community benefits agreements corrected

8/14/2019 Community Benefits Agreements Corrected

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COMMUNITY BENEFITS

AGREEMENTS

Community Benefits Agreementsare legally enforceable contractsbetween community groups anddevelopers setting forth what the

developers agrees to provide forthe community.


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COMMUNITY BENEFITS

AGREEMENTS Community Benefits Agreements often

focus on developments which receive

government subsidies. Community Benefits Agreements are

often attached to developmentagreements between the government

and the developer. Community Benefits Agreements are

often enforceable by the government as

well as the community groups.


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Community Benefits

Agreements Preexisting Local ordinances make the

negotiation of Community Benefits

Agreements easier. Community Benefits Agreements oftenincorporate terms or concepts frompreexisting local ordinances.

Applicability of Local ordinances can beexpanded through policies incorporatedin Community Benefits Agreements.

Community Benefits Agreements often

build on coalitions formed to pass Local


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SUBJECTS OF COMMUNITY

BENEFITS AGREEMENTS Quality Jobs and Local Hiring

Affordable Housing Environmental Guarantees

Parks and Recreational Facilities

Social Services and Child CareFacilities

Neighborhood Oriented Tenants


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Quality Jobs and Local

Hiring Living Wage Agreements First Source Hiring Local Hiring Goals Standards for Responsible Contracting

Standards for Responsible Tenants Community Benefits Analyses


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LIVING WAGE

ORDINANCES In addition to setting wage levels, many

ordinances also have provisionsregarding benefits (such as healthinsurance and paid vacation), laborrelations, and hiring practices.

The rationale behind the ordinances is

that city and county governmentsshould not contract with or subsidizeemployers who pay poverty-levelwages.

O 120 L liti H


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Over 120 Localities HaveAdopted Living Wage

Ordinances

Miami-Dade County

Contracts over $100,000 per year forservices

All contracts for services by the AviationDepartment

$9.44 an hour if employer-paid healthbenefits are offered, or $10.81 withouthealth benefits


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Broward County

County employees

Companies contracting with theCounty to provide certain services

$9.57 an hour or $10.82 an hourif health benefits are not provided.


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Miami Beach City employees

Certain service contractors withcontracts over $100,000

$8.56 an hour if employer-paidhealth benefits are offered, or

$9.81 without health benefits,indexed annually.


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Other Living Wage

Ordinances Florida

Orlando FL

City employees and employees ofprivate contractors

$8.50 an hour

Additional 20% if no healthbenefits.


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Other Living Wage

Ordinances Florida

Palm Beach County

County construction contractsgreater than $100,000

$9.57 an hour


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Other Living Wage

Ordinances

Sonoma CA 2004

Applies to service contracts over$10,000

Requires 12 paid and 10 unpaid

vacation days


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Other Living Wage

OrdinancesDurham County NC 2004

Wage set at 7.5% above poverty Applies to all service contracts including

temporary contracts.

(Durham CAN - Congregations,Associations and Neighborhoods)


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LOCAL HIRING

STRATEGIES Require developers who benefit from

public money to reserve a percentage

of jobs for local residents. Ensure that un- or under-employed

residents in economically isolatedcommunities benefit from economic

development and reinvestmenthappening in their community andpromotes balance within a region'semployment opportunities.


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Types of Local Hiring

Strategies

Federally Mandated Programs

Local Hiring Requirements

First Source Hiring Programs


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Federally Mandated

Programs Housing and Urban Development

(HUD) Section 3 Program

HUD CDBG Program


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HUD Section 3 Program Employment and contracting opportunities

generated through HUD funds be directed to

low- and very-low income County residents.

Priority to recipients of governmentassistance for housing, and to businessconcerns that are substantially owned by, orthat substantially employ, these individuals.


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HUD Funds in Miami Dade

Approximate amounts allocated to the County and the City each

year

CDBG HOME HOPWA

Miami-Dade County $23,877,000 $7,799,637 $882,003

Miami $9,928,000 $5,131,235 $10715000


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Local Hiring Requirement

OrdinancesMiami Dade County Community

Workforce Program

County capital constructioncontracts over the amount of$250,000

minimum of 10% of the personsperforming the construction tradesand labor work under the contractbe residents of Designated Target

Areas


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Local Hiring

Ordinances Problems

Difficult to monitor and enforce

Easy to bring in outside workers

Response

Often combined with firstsource hiring requirement.


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FIRST SOURCE HIRING First Source Hiring can combine with

Local Hiring Programs to help link jobopportunities to low incomecommunities surroundingdevelopments.

Employers agree to hire from aspecified source like a community groupor a One Stop Center.

First Source Programs can helpemployers by cutting down on their

recruitment and training costs.


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FIRST SOURCE HIRING

Local governments can providemoney and/or space to acommunity organization so it cando the necessary work in setting

up a First Source Hiring Program.


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Oakland CA - Local ConstructionEmployment Referral Program

(LCERP)

LOCAL HIRING PROGRAM

All construction projects of

$50,000 and all redevelopmentagency projects

Must hire Oakland residents for at

least 50 percent of all work hoursand for 50 percent of all new hires


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Standards for Responsible

Contracting Require the bidder to show

compliance with all laws and

disclose any violations of OSHA,environmental, prevailing wage,workers compensation, and other

worker protection laws.


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Standards for Responsible

ContractingCity of Los Angeles -- Contractor

Responsibility Program Contracts Greater than $100,000 Satisfactory compliance with all

laws, including but not limited to

health and safety, labor andemployment, wage and hours andlicensing laws affecting employees.


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Contracting

Ordinances New York City Council adopted an

ordinance requiring the city to buy

apparel and textile goods onlyfrom responsible contractors thatcomply with workplace and

environmental laws and that pay anon-poverty wage


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Service Worker Retention

Ordinances Designed to retain workers when

City contracts change;

LA City Ordinance Contracts over $25,000

Requires successor employer toemploy prior contractorsemployees for at least 90 days.


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FINAL GUIDING PRINCIPLES

When public subsidy or publicconcessions are given then the

public should be benefited.

Those who are most impacted by

publicly assisted developmentshould be particularly protected.


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FINAL GUIDING

PRINCIPLESThe project itself is no longer

sufficient benefit.

What kind of jobs What quality of jobs Who gets the jobs

ConstructionTenants

Who are the tenants

The Progression of


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The Progression ofCommunity Benefits

Movement In many Cities it started with

individual ordinances such as living

wage - which applied to contractswith the Cities.

It then expanded to Community

Benefits Agreements which expandedthe scope of individual ordinances andadded other guarantees to projectsassisted by the government.


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Next Steps - Can Local

Govt Pass a CBA Ordinance? Local Government Ordinances are

limited by the power of the govt to

regulate.

How far does that power stretch?


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QUESTIONS ANDDISCUSSION

community benefits agreements corrected

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