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Chapter 2.28 LIVING WAGE ORDINANCE Page 3 of 7 publication. The contractor shall provide written notification of the rate adjustments to each of its employees and to its subcontractors, who shall provide written notices to each of their employees, if any, and make the necessary payroll adjustments by July 1st. B.1. Compensated Days Off. Employers shall provide at least twelve (12) days off per year for sick leave, vacation, or personal necessity at the employee's request. Employees shall accrue one compensated day off per month of full-time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required twelve (12) compensated days off. 2. Employers shall also permit employees to take at least an additional ten days a year of uncompensated time to be used for sick leave for the illness of the employee or a member of his or her immediate family where the employee has exhausted his or her compensated days off for that year. This chapter does not mandate the accrual from year to year of uncompensated days off. C. Health Benefits. Health benefits required by this chapter shall consist of the payment of at least one dollar and twenty five-cents ($1.25) per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of such benefits must be submitted to the agency not later than thirty (30) days after execution of the contract to qualify for the wage rate in subsection (A) of this section for employees with health benefits. (Ord. 12050 § 3, 1998) 2.28.040 Duration of requirements. A. For CFARs, assistance given in an amount equal to or greater than one hundred thousand dollars ($100,000.00) in any twelve (12) month period shall require compliance with this chapter for the life of the contract in the case of assistance given to fund a program or five years in the case of assistance given to purchase real property, tangible property or construct facilities, including but not limited to materials, equipment, fixtures, merchandise, machinery or the like. B. A service contractor and subcontractor shall be required to comply with this chapter for the term of the contract. (Ord. 12050 § 4, 1998) 2.28.050 Notifying employees of their potential right to the federal earned income credit. Employers shall inform employees making less than twelve dollars ($12.00) per hour of their possible right to the federal Earned Income Credit ("EIC") under Section 32 of the Internal Revenue Code of 1954, 26 U.S.C. Section 32, and shall make available to employees forms informing them about the EIC and forms required to secure advance EIC payments from the employer. These forms shall be provided to the eligible employees in English, Spanish and other languages spoken by a significant number of the employees within thirty (30) days of employment under the terms of this chapter and as required by the Internal Revenue Code. (Ord. 12050 § 5, 1998) 2.28.060 Contract review process and city reporting and record keeping. A. The City Manager shall promulgate rules and regulations for the preparation of bid specifications, contracts and preparation for contract negotiations. B. The City Manager shall submit periodic reports to the City Council which shall include the following information at minimum: 1. A listing and the status of all RFPs and RFQs, service contracts and lease agreements executed and financial assistance awarded, to which this chapter applies including the term, dollar amount and the service performed or assistance provided; 2. A description of every instance where an exemption or waiver was granted by action of the City Council. C. The City Manager shall develop an administrative procedure and appeal process for determining compliance with this chapter. 1. Regarding the appeal process, it shall be available to every bidder/proposer who has been deemed noncompliant with this chapter, or who disputes the determination of applicability of this chapter to its business operation which will be involved in the proposed contract. A contract shall not be executed until there is resolution of the relevant appeal. 2. Appeals shall be filed with the City Manager within seven calendar days of the date of the notice of httpa/bpc.iserver.net/codes/oakland/ DATA/TITLE02/Chapter_2_28_LIVING_WAGE_... 11/21/2006