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Community Benefits Agreement

Community Benefits Agreement



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Categories:Types, Research, Law
Published by: Columbia Daily Spectator on May 14, 2009
Copyright:Attribution Non-commercial


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CBA EXECUTIVE SUMMARYThe following executive summary explains the agreed-upon provisions that will be foundin the finalized Community Benefits Agreement ("CBA") between Columbia University("CU") and the West Harlem Local Development Corporation ("WHLDC"). Thisexecutive summary follows the order of the CBA.CU Contributions: After the definitions, in Section
of the CBA, the CU financial and behavioralcontributions are set forth.
Benefits Fund
CU has agreed to pay out $76 million to the Benefits Fund which will be under thecontrol of the WHLDC and held by a fiscal sponsor acceptable to both CU and theWHLDC. The payout of the Benefits Fund will occur over a 16-year period and startfour months after the Public Authorities Control Board ("PACB") vote, as specified inthe attached schedule. It is assumed that the PACB vote will occur in the near future sothat the
payment of the Benefits Fund would paid around September 2009.Beginning in 2010, annual payments will be paid on the last day of the month the PACBapproves the CU project. The WHLDC has agreed to meet at least once a year to reviewrequests and proposals for expenditures from the Benefits Fund.
Affordable Housing Fund
Housing Legal Assistance . '
CU's financial commitment to the Affordable Housing Fund and the Housing LegalAssistance, which is a total of $24 million-as specified in the General Project Plan("GPP") and the Restrictive Declaration (collectively, the "Governing Documents"), hasbeen restated in the CBA.
In-Kind Benefits
CU has committed to $20 million in In-Kind Benefits, which will be paid out over 25years, as specified in the attached schedule. The WHLDC will meet with CU once a yearto propose specific In-Kind Benefits. CU will determine if they can meet the WHLDC'sIn-Kind requests and how much each will cost. CU, in good faith, will provide theWHLDC with a list of what they can do and the cost of each benefit (cost will be based
on a history of the cost in previous years); thereafter, the WHLDC will decide whether togo forward on the In-Kind requests. If the WHLDC has not spent the full amount of In-Kind Benefits they are entitled to each year, as specified in the attached schedule, anymoney not used will roll over to the next year. However, in no year will the WHLDC beable to spend more than $2 million on In-Kind Benefits. The In-Kind Benefits have aterm of the earlier of.2045 or as soon as the $20 million has been spent.
CBA Programs and Goals
As part of this section, CU recognizes that the WHLDC has spurred many of the.community amenities that CU has committed to in the Governing Documents.Additionally, CU has agreed to make available to-all academic departments in theirgraduate schools, information provided
by "the
WHLDC regarding internshipopportunities in the local community.
Advice and Guidance '
.CU has committed to providing advice and guidance (having the general meaning ofmeetings or phone calls in response to requests by the WHLDC) on a number ofprovisions throughout the CBA. Additionally, CU has agreed to provide advice andguidance for issues that may arise which are not memorialized in the CBA until 2045.The WHLDC does not have enforcement rights with regards to any provision where CUhas committed to provide advice and'guidance.
Demonstration Community Public School
The WHLDC.and CU have memorialized their commitment to establish a NYCDepartment of Education public school for the residents of CD9 which will demonstratebest practices in classroom methods and pioneer innovative techniques, materials andtechnologies (referred to as the Demonstration Community Public School) in this CBA.CU has committed Teachers College to providing $30 million in services, expertise andother resources to the Demonstration Community Public School. If however, byDecember 31,2015, a Demonstration Community Public School has not begun tooperate, CU may either agree to extend the date for the start of the operation of theschool, or TC and/or CU may provide $30 million in services, expertise and otherresources to public schools in CD9 until the $30 million has been exhausted or up untilthe end of the Term. If by the end of the Term the full $30 million in services, expertiseand other resources has not been given out to the Demonstration Community PublicSchool or if there is no Demonstration Community Public School then to public schoolsin CD9, CU may either agree to extend the Term or provide a lump sum for thecumulative market value for the remainder of the $30 million to the DemonstrationCommunity Public School.Housing:CU has committed to the eminent domain language that will be in the PACB resolution,which states that CU agrees that it will not ask the ESDC to exercise its eminent domainpowers to acquire residential properties or churches in the Project Area. CU understandsthat the ESDC will monitor CU's activities as it relates to residential relocations from theProject Area.The WHLDC has committed to use a portion of the Benefits Fund for programming andcapital improvements for Grant Houses and Mahhattanville Houses,The WHLDC has agreed that a portion of the Benefits Fund may be used to provide aresource center for the HDFC community that would provide grants, maintain accessiblebi-lingual support, education, advocacy, information, technical assistance and preservethe HDFC community and other properties. The WHLDC also agreed that a portion ofthe Benefits Fund may be used to create, provide and maintain a clinic that will support abroad range of legal services and housing advocacy for the local community which wouldassist local tenants in eviction and/or other housing proceedings. CU has also committedto posting opportunities identified by the WHLDC at their graduate schools to provide
business, accounting, managerial assistance and housing advocacy services to localhomeowners and residents, not for profit corporations and community groups.Employment and Economic Development:CU has committed to providing all of their full and part-time employees at the newcampus a Living Wage. CU will also make reasonable efforts.to encourage ServiceProviders to pay a Living Wage to their employees. CU will provide the same healthinsurance benefits to the employees at the new campus as they provide to their employeeson their other campuses. CU shall also inform its employees and encourage ServiceProviders to inform their employees of the availability of the federal Earned Income TaxCredit.CU has set a goal of having 50% of their construction workforce composed of M/W/Ls.CU recognizes that the Project Labor Agreement has a goal of
M/W/L workforce.CU and the WHLDC have recognized that hiring Local residents is of the utmost priority.CU has committed to a goal of hiring at least 35% of the total dollar value for Phase Idevelopment subcontracts governed by the PLA be awarded to M/W/LBEs.For non-construction work, CU has agreed to a 35% goal for the total dollar value of non-construction contracts to M/W/LBEs for goods and services awarded by CU to ServiceProviders on the new campus. Additionally, CUJias agreed to use good faith efforts tohire local residents for at least 30% of CU. employees on the new campus. CU has alsoagreed to consider any proposal that the WHLDC proposes regarding a priority job *notification system that would give local residents early notification of ob openings.CU has committed to including in its hiring guidelines, which are found on all of theirhiring forms, a commitment by CU to hiring qualified local residents.CU has agreed to provide an additional 6,000 sf of small format retail space, for a total of18,000 sf of small format retail space, in the new project area. Priority will be given tolocal businesses in Manhattanville and displaced businesses that were in good standing atthe time of their lease. CU has agreed that the new career and business center (the "Center") that will be locatedin or near the new campus, will be visible and accessible to local residents and besupplied with necessary resources including access to administrative and technicalsupport
The Center will keep track of the outcomes of the people who utilize itsservices and it will be a place for residents to list their resumes for Service Providers, aswell as a place where Service Providers can list their job openings, both hardcopy and on-line.Education: -CU has agreed to make available 10 additional CU-based summer internships for childrenin CD9 with the help of government funding. If government funding will not cover theseadditional internships, the WHLDC may use money from the Benefits Fund to pay for anincrease in the number of internships for local community children.

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