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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
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