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Chapter 2.28 LIVING WAGE ORDINANCE
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<br />"Agency" means that subordinate or component entity or person of the city (such as a department,
<br />office, or agency) that is responsible for solicitation of proposals or bids and responsible for the
<br />administration of service contracts or financial assistance agreements.
<br />"City" means the city of Oakland and all city agencies, departments and offices.
<br />"City financial assistance recipient" (GEAR) means any person who receives from the city financial
<br />assistance as contrasted with generalized financial assistance such as through tax legislation, in an
<br />amount of one hundred thousand dollars ($100,000.00) or more in a twelve (12) month period.
<br />1. Categories of such assistance include, but are not limited to, grants, rent subsidies, bond financing,
<br />financial planning, tax increment financing, land writedowns, and tax credits. City staff assistance shall
<br />not be regarded as financial assistance for purposes of this article. The forgiveness of a loan shall be
<br />regarded as financial assistance, and a loan provided at below market interest rate shall be regarded
<br />as financial assistance to the extent of any differential between the amount of the loan and the present
<br />value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as
<br />used in 26 U.S.C. Sections 1274(d), 7872(f).
<br />2. A tenant or leaseholder of a CFAR who occupies property or uses equipment or property that is
<br />improved or developed as a result of the assistance awarded to the CFAR and who will employ at
<br />least twenty (20) employees for each working day in each of twenty (20) or more calendar weeks in
<br />the twelve (12) months after occupying or using such property, shall be considered a "city financial
<br />assistance recipient" for the purposes of this chapter and shall be covered for the same period as the
<br />CFAR of which they are a tenant or leaseholder.
<br />"Contractor" means any person that enters into a service contract with the city in an amount equal to
<br />or greater than twenty-five thousand dollars ($25,000.00).
<br />"Employee" means any person who is employed (1) as a service employee of a contractor or subcon-
<br />tractorunder the authority of one or more service contracts and who expends any of his or her time
<br />thereon, including but not limited to: hotel employees, restaurant, food service or banquet employees;
<br />janitorial employees; security guards; parking attendants; health care employees; gardeners; waste
<br />management employees; and clerical employees; or (2) by a CFAR and who expends at least half of
<br />his or her time on the funded project/program or property which is the subject of city financial
<br />assistance, or (3) by a service contractor of a CFAR and who expends at least half of his or her time
<br />on the premises of the CFAR and is directly involved with the funded project/program or property
<br />which is the subject of city financial assistance. Any person who is a managerial, supervisory or
<br />confidential employee is not an employee for purposes of this definition.
<br />"Employer" means any person who is a city financial assistance recipient, contractor, or subcontractor.
<br />"Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability
<br />company, trust, association, or other entity that may employ individuals or enter into contracts.
<br />"Service contract" means (1) a contract let to a contractor by the city for the furnishing of services, to
<br />or for the city, except contracts where services are incidental to the delivery of products, equipment or
<br />commodities, and that involves an expenditure equal to or greater than twenty-five thousand dollars
<br />($25,000.00), or (2) a lease or license under which services contracts are let by the lessee or licensee.
<br />A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a
<br />"service contract" for the purposes of this definition.
<br />"Subcontractor" means any person who enters into a contractwith (1) a contractor to assist the
<br />contractor in performing a service contractor (2) a CFAR to assist the recipient in performing the work
<br />for which the assistance is being given or to perform services on the property which is the subject of
<br />city financial assistance. Service contractors of CFARs shall not be regarded as subcontractors except
<br />to the extent provided by the definition of "employee" in this section.
<br />"Trainee" means a person enrolled in a job training program which meets the city job training
<br />standards. (Ord. 12050 § 2, 1998)
<br />2.28.030 Payment of minimum compensation to employees.
<br />A. Wages. Employers shall pay employees a wage to each employee of no less than the hourly rates
<br />set under the authority of this chapter. The initial rate shall be eight dollars ($8.00) per hour worked
<br />with health benefits, as described in this chapter, or otherwise nine dollars and twenty-five cents
<br />($9.25) per hour. Such rate shall be upwardly adjusted annually, no later than April 1st in proportion to
<br />the increase immediately preceding December 31st over the year earlier level of the Bay Region
<br />Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor,
<br />applied to nine dollars and twenty-five cents ($9.25). The city shall publish a bulletin by April 1st of
<br />each year announcing the adjusted rates, which shall take effect upon such publication. Such bulletin
<br />will be distributed to all city agencies, departments and offices, city contractors and CFARs upon
<br />http a/bpc.iserver.net/codes/oakland/_DATA/TITLE02/Chapter_2_28_LIVING_WAGE_... 11 /21 /2006
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