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APPENDIX B: KEY PROVISIONS IN COMMUNITY BENEFITS AGREEMENTS

A COMMUNITY BENEFITS PROGRAM⁴⁶

1. PURPOSE
2. DEFINITIONS
3. PARKS AND RECREATION
   1. PURPOSE.
   2. APPLICABLE FEES.
   3. PARKS AND OPEN SPACE NEEDS ASSESSMENT.
      1. Needs Assessment.
      2. Funding.
      3. Selection of organization conducting needs assessment.
   4. PARK AND RECREATION FACILITY CREATION BY DEVELOPER.
      1. Park and recreation facility creation.
      2. Timeline.
   5. OPEN SPACE COMPONENTS OF DEVELOPMENT.
      1. Street-level plaza.
      2. Other public spaces.
4. COMMUNITY PROTECTION
   1. PARKING PROGRAM.
      1. Permit Area.
      2. Developer Support.
      3. Limitations.
   2. TRAFFIC.
   3. SECURITY.
5. LIVING WAGE PROGRAM
   1. DEVELOPER RESPONSIBILITIES REGARDING LIVING WAGES.
      1. Compliance With Living Wage Ordinance.
      2. Seventy Percent Living Wage Goal.
      3. Achievement of Living Wage Goal.
      4. Developer Compliance If Goal Not Met.
      5. Reporting Requirements.
      6. Selection of Tenants.
         1. Developer Notifies Coalition Before Selecting Tenants.
         2. Coalition Meeting with Prospective Tenants.
         3. Consideration of Impact on Living Wage Goal.
         4. Tenants Agree to Reporting Requirements.
   2. TENANTS' OPPORTUNITIES AND RESPONSIBILITIES.
      1. Living Wage Incentive Program.
      2. Health Insurance Trust Fund.
      3. Reporting Requirements.
   3. TERM.
6. LOCAL HIRING AND JOB TRAINING
   1. PURPOSE.
   2. CUSTOMIZED JOB TRAINING PROGRAM.
   3. FIRST SOURCE HIRING POLICY.
   4. FIRST SOURCE REFERRAL SYSTEM.
7. SERVICE WORKER RETENTION
   1. SERVICE CONTRACTOR WORKER RETENTION.
   2. WORKER RETENTION FOR HOTEL AND THEATER EMPLOYEES.
   3. INCLUSION IN CONTRACTS.
8. RESPONSIBLE CONTRACTING
   1. DEVELOPER SELECTION OF CONTRACTORS.
   2. DEVELOPER SELECTION OF TENANTS.
   3. REPORTING REQUIREMENTS.
9. AFFORDABLE HOUSING
   1. PURPOSE.
   2. DEVELOPER AFFORDABLE HOUSING PROGRAM.
      1. Percentage Affordable Units.
      2. Income Targeting
      3. Term of Affordability.
      4. Location.
      5. Unit and Project Type.
      6. Relocated Persons.
      7. Public Participation and Assistance.
   3. COOPERATIVE DEVELOPMENT WITH COMMUNITY BASED ORGANIZATIONS
      1. Purpose.
      2. Interest Free Loans.
      3. Prequalified Non-Profit Development Corporations.
      4. Use of Program Funds.
      5. Project Selection Process.
   4. ADJUSTMENTS TO AFFORDABLE HOUSING UNITS.
10. RELOCATED FAMILIES
    1. PURPOSE.
    2. MEET AND CONFER.
    3. ASSISTANCE.
    4. NOTICE OF AVAILABILITY.
    5. TIMING.
11. COALITION ADVISORY COMMITTEE
12. GENERAL PROVISIONS
    1. SEVERABILITY CLAUSE.
    2. Material Terms.

* * * * *

FIRST SOURCE HIRING POLICY

SECTION I. PURPOSE.

SECTION II. DEFINITIONS.

SECTION III. EMPLOYER RESPONSIBILITIES

1. Coverage.
2. Long-Range Planning.
3. Hiring Process.
4. Goal.
5. No Referral Fees.

SECTION IV. RESPONSIBILITIES OF FIRST SOURCE REFERRAL SYSTEM.

1. Receive Employer Notification.
2. Recruit Targeted Job Applicants.
3. Coordinate with Job Training Centers.
4. Screen and Refer Targeted Job Applicants.
5. Maintain Contact with Employers.
6. Assist Employers with Reporting Responsibilities.
7. Prepare and Submit Compliance Reports to the City.

SECTION V. REPORTING REQUIREMENTS.

1. Reporting Requirements and Recordkeeping.

   (1) Reports.

   (2) Recordkeeping.

   (3) Failure to Meet Goal.

SECTION VI. GENERAL PROVISIONS.

1. Term.
2. Meet & Confer, Enforcement.

   (1) Compliance with State and Federal Law.

   (2) Indemnification.

   (3) Compliance with Court Order.

   (4) Severability Clause.

   (5) Binding on Successors.

   (6) Material Terms.

   (7) Coverage.

Footnotes

⁴⁶ This list of sample provisions are based on the Staples CBA (Gross et. al. 2005).

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