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Chapter 2.28 LIVING WAGE ORDINANCE Page 4 of 7 the city's written determination of noncompliance and reasons therefor, or written determination of the applicability of this chapter. 3. The City Manager shall maintain records pertaining to all complaints, hearings, determinations and findings, and shall submit a regular report on compliance with this chapter no less than annually to the City Council. Special reports and recommendations on significant issues of interest to the Council will be submitted as deemed appropriate. (Ord. 12050 § 6, 1998) 2.28.070 Noncompliance review and appeal. Contractors, subcontractors and CFARs who fail to submit documents, declarations or information required to demonstrate compliance with this chapter shall be deemed nonresponsive and subject to disqualification. (Ord. 12050 § 7, 1998) 2.28.080 Waivers. A. A CFAR who contends it is unable to pay all or part of the living wage must provide a detailed explanation in writing to the City Manager who may recommend a waiver to the City Council. The explanation must set forth the reasons for its inability to comply with the provisions of this chapter, including a complete cost accounting for the proposed work to be performed with the financial assistance sought, including wages and benefits to be paid all employees, as well as an itemization of the wage and benefits paid to the five highest paid individuals employed by the CFAR. The CFAR must also demonstrate that the waiver will further the interests of the city in creating training positions which will enable employees to advance into permanent living wage jobs or better and will not be used to replace or displace existing positions or employees or to lower the wages of current employees. B. The City Council will grant a waiver only upon a finding and determination that the CFAR has demonstrated economic hardship and that waiver will further the interests of the city in providing training positions which will enable employees to advance into permanent living wage jobs or better. However, no waiver will be granted if the effect of the waiver is to replace or displace existing positions or employees or to lower the wages of current employees. C. Waivers from the chapter are disfavored, and will be granted only where the balance of competing interests weighs clearly in favor of granting the waiver. If waivers are to be granted, partial waivers are favored over blanket waivers. Moreover, any waiver shall be granted for no more than one year. At the end of the year the CFAR may reapply for a new waiver which may be granted subject to the same criteria for granting the initial waiver. D. The City Council reserves the right to waive the requirements of this chapter upon a finding and determination of the City Council that waiver is in the best interests of the city, e.g. when the city has declared an emergency due to natural disasters and needs immediate services. (Ord. 12050 § 8, 1998) 2.28.090 Exemptions. A. A recipient shall be exempted from application of this article if (1) it employs fewer than five employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, or (2) it obtains a waiver as provided herein. B, An employee who is a trainee in a job training program which meets the city job training standards shall be exempt for the period of training as specified under the city-approved training standards. C. An employee who is under twenty-one (21) years of age, employed by a nonprofit corporation for after school or summer employment or as a trainee for a period not longer than ninety (90) days, shall be exempt. (Ord. 12050 § 9, 1998) 2.28.'100 RFP, contract and financial assistance agreement language. All RFPs, city contracts and financial assistance agreements subject to this chapter shall contain the following two paragraphs or substantially equivalent language: A. This contract is subject to the Living Wage Ordinance, of the Oakland Municipal Code. The Ordinance requires that, unless specific exemptions apply or a waiver is granted, all employers (as defined) under service contracts and recipients of City financial assistance, (as defined) shall provide payment of a minimum wage to employees (as defined) of $8.00 per hour with health benefits of at http://bpc.iserver.net/codes/oakland/ DATA/TITLE02/Chapter_2_28_LIVING WAGE_... 11/21/2006