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<br />RFP No. 57818 – Design Services for a Treatment Wetland Page 41 of 43 <br /> <br />10. Are any exemptions or waivers allowed for a business? <br />Following City Manager review and recommendation, the City Council may approve waivers <br />with or without conditions to any of the Living Wage provisions, upon determination that such <br />action is in the best interest of the City. <br /> <br />11. What other types of businesses are not covered by the City of San Leandro Living Wage <br />Ordinance? <br />Commodity suppliers and suppliers of goods (paper, office supplies, equipment, etc.) and their <br />employees are not covered. <br /> <br />12. What steps are in place to prevent discrimination or employer retaliation against the <br />provisions of the Ordinance? <br />Retaliation and discrimination against any person on account of having inquired into or having <br />claimed a violation of the Ordinance is unlawful. Any employee who a lleges violation of any of <br />the Living Wage requirements may report such acts to the City. The City may investigate such <br />complaints and take appropriate action to enforce the Ordinance. <br /> <br />13. How do the worker retention provisions of the Ordinance work? <br />Briefly, any business that replaces another business in a lease, contract, subcontract, etc. is <br />required to offer employment to the employees of the prior tenant or contractor for a period <br />of 90 days. If the new business already has its own employees, then emp loyment must be <br />offered on the basis of seniority to its own and the prior employees. Managerial, supervisory, <br />professional, paraprofessional, and confidential and office employees are exempted from this <br />provision. <br /> <br />14. How is the Living Wage Ordinance enforced? Are there penalties against businesses <br />found not to be complying? <br /> <br />Employers self-verify compliance. The City may also periodically require employer re- <br />verification and review the businesses living wage related records. Each business is required to <br />allow access to its workforce and living wage related records by authorized City of San Leandro <br />representatives to ensure compliance. <br />Violations of the Living Wage Ordinance are subject to fines of up to $5,000, and/or the City <br />may terminate the violator’s agreement. Any person may bring action against a business in the <br />Superior Court of California to enforce the measure. <br /> <br />15. Who can answer more questions about the Ordinance; and where can I get a copy of it? <br />The Finance Department of the City currently administers the Living Wage Ordinance. Please <br />contact the department at 510-577-3376 if you have any questions. You may obtain a copy of <br />the Ordinance from the Finance Department; or it is available on the City’s website at: <br />http://www.sanleandro.org/depts/finance/livwage/default.asp <br /> <br />227