Chapter 1-6 — PURCHASING, PERSONAL SERVICES AND SURPLUS SALES

Article 1 Purchasing—General Provisions

All contracts and orders for the purchase of equipment, materials or supplies shall be signed by the City Manager or designee.

Real property shall be acquired only upon order of the Council.

Article 2

Purchasing by Competitive Bid(Legislative History: Ordinance No. 88-010, 7/5/88; Ordinance No. 89-008, 3/20/89; Ordinance No. 2002-001, 1/7/07 (Sections 1-6-200, 1-6-215, 1-6-225); Ordinance No. 2013-002, 4/1/13 (Section 1-6-215); Ordinance No. 2014-001, 1-6-14 (Section 1-6-225); Ordinance No. 2022-020, 12/5/22 (Sections 1-6-200, 1-6-215, 1-6-225))

Purchases of equipment, materials, or supplies requiring an expenditure in excess of Sixty thousand dollars shall be subject to formal competitive bidding. Purchases requiring an expenditure in excess of One hundred thousand dollars shall be awarded by the City Council. Purchases requiring an expenditure of One hundred thousand dollars or less shall be awarded by the City Manager or designee. For purposes of this Chapter, the term "City" shall mean and include the City Council for purchases in excess of One hundred thousand dollars and shall mean and include the City Manager or designee for purchases of One hundred thousand dollars or less. The City Manager may bring to the City Council for approval any contract for the purchase of equipment, materials, or supplies for any amount at any time.

A notice inviting bids shall be published once not less than seven days before the date of opening bids.

All bids shall be sealed, identified on the envelope, and submitted to the City at or before the time specified on the notice. At the time specified, the bids shall be publicly opened and read. Any bid submitted after commencement of bid opening shall be rejected and returned unopened.

Purchases of equipment, materials or supplies requiring an expenditure in excess of Sixty thousand dollars but not in excess of Two hundred thousand dollars shall be subject to informal competitive bidding. The Purchasing Agent or the requesting department shall solicit written or verbal bids from a reasonable number of suppliers.

Except as otherwise provided herein, the Purchasing Agent shall award a contract for the purchase of equipment, materials or supplies to the lowest responsible bidder whose bid complies with the specifications. In determining responsibility, consideration shall be given to the quality and reputation for performance of the equipment or supplies proposed to be furnished, the reliability of the bidder, warranties, and in the case of equipment, the ability of the bidder to provide parts and maintenance.

(a) Findings: The City Council of the City of San Leandro hereby finds that it is in the City's interest to have a healthy local business community. The City Council also finds that San Leandro businesses, particularly small and nonprofit organizations, often encounter obstacles to participating in City projects and procurements, obtaining financing and credit, and bonding and insurance, which affects the economic viability and growth of these businesses and organizations.

(b) Declaration of Policy and Purpose:

(1) It shall be a policy of the City of San Leandro that San Leandro business enterprises,
including small and nonprofit businesses, should be encouraged to participate as
contractors and suppliers in the provision of goods and services to the City. Policies
and programs that enhance opportunities and utilize the skills and expertise of San
Leandro businesses, including small businesses and nonprofit organizations, serve the
public interest, primarily because the growth and development of such businesses
have a significant positive impact on the economic health of the City of San Leandro.
A City ordinance that grants a preference for awarding contracts for projects and
procurements to businesses located or operating within the City serves the public
interest by encouraging businesses, including small and nonprofit businesses, to
locate, hire residents and remain in San Leandro.

(2) Investment in San Leandro businesses is important to sustain and expand regional
partnerships that connect workforce and local business participation, a vibrant arts
community and educational development.

(3) It is a goal of this section to encourage the enactment of legislation that mandates
setting aside a percentage of the City's budget for all projects developed or built by
the City for workforce training, local employment and the arts.

(4) Because many San Leandro businesses are small and may not have the resources,
capability or experience to act as a prime contractor or to provide specialty services,
it shall be a policy of the City of San Leandro to encourage qualified prime
contractors to use San Leandro businesses, including small businesses and nonprofit
organizations, as subcontractors and suppliers to participate in City projects and
purchases and gain experience in a way that will enhance their ability to eventually
compete for contracts as prime contractors.

(c) Definitions.

"Contract" means any contract or agreement between the City and a person to provide or procure labor, goods, materials, equipment, furnishing, supplies or services to, for or on behalf of the City. Except as otherwise specifically defined in this section a contract does not include:

(i) Awards made by the City with Federal or State grant monies or City general fund grants to a nonprofit entity where the City offers assistance, guidance or supervision on a project or program and the recipient of the grant award uses the monies to provide services to the community;

(ii) Contracts wherein the funding or monies available for the project, service or procurement, whether for the whole or a portion of the project's scope, are restricted by the funder, donor or grantor, whether as to amount, use or otherwise;

(iii) Sales transactions where the City sells its personal or real property;

(iv) Gifts of materials, equipment, supplies or services to the City;

(v) Contracts exempted from the provisions of Chapter 1-6 of the San Leandro Municipal Code; or

(vi) Contracts that would violate any State or Federal law or grant requirements.

"Contract awarding authority" or "CAA" means the City officer, department, employee or legislative body authorized and empowered by law to enter into contracts on behalf of the City. In the case of an agreement with a prime contractor to perform or fund the

performance of construction related services, the term "contract awarding authority" or "CAA" shall mean the prime contractor receiving funds from the City to perform or fund the performance of such services.

"Contractor" or "prime contractor" means any person who submits a bid or proposal to perform, perform any part of, agrees with a person to provide services in relation to or enters into any contract subject to this Chapter with the CAA for public works or

improvements to be performed, or for goods or services or supplies to be purchased at the expense of the City or to be paid out of monies deposited in the treasury or out of trust monies under the control of, or collected by, the City.

"Joint venture" means and may be referred to as an "association" of two or more businesses,

one of which is a San Leandro business or San Leandro nonprofit organization acting as a contractor and performing or providing services on a contract, in which each joint venture or association partner combines property, capital, efforts, skill and/or knowledge. The San Leandro business or nonprofit organization participating in the joint venture must receive at least 5% of the total contract amount for the provisions of this Chapter to apply. The joint venture must conform to all pertinent laws that govern the creation of such entities.

"Person" means one or more individuals, partnerships, associations, organizations, trade or professional associations, corporations, nonprofit organizations, and cooperatives.

"San Leandro business" means any business which possesses or establishes all of the following at least six months before bids or proposals are opened by the City. Such a business will be subject to monitoring to prove validity of the following:

(i) A written agreement for City occupancy or proof of ownership of a San Leandro office;

(ii) Proof that business is transacted or revenue generated in an office located in San

Leandro;

(iii) A conspicuously displayed business sign at the San Leandro business premises except

where the business operates out of a residence;

(iv) Proof that the office is appropriately equipped for the type of business for which certification as a San Leandro business is sought. Where equipment, such as computer and reproduction and communications machines are typically and routinely used in a non-San Leandro location, comparable equipment shall be installed and routinely used at the San Leandro office;

(v) A valid City of San Leandro business license.

(d) Contracts Subject to this Section: The provisions of this Chapter shall apply to the following categories of contracts awarded by the City:

(1) Construction and public works contracts awarded to prime contractors valued at or above One hundred thousand dollars;

(2) Professional and non-professional service contracts valued at or above Sixty thousand dollars;

(3) Contracts for the procurement of goods, materials, equipment, furnishings or supplies
valued at or above Sixty thousand dollars.

With respect to special services and professional personal services contracts, no provision
or requirement of this section shall supersede or pre-empt the City's powers to contract
with and employ any persons for the furnishing to the City special services as described
in California Government Code Section 53060, and California Government Code
Section4526, including, but not limited to, advice in financial, economic, accounting,
engineering, legal or administrative matters if such persons are specially trained and
experienced and competent to perform the special services required. The City shall have
the sole discretion to determine what bases of competence and professional qualifications
are necessary for the satisfactory performance of the services required.

(e) Local Business Preference: Whenever a competitive process is utilized by the City of San
Leandro to award a contract identified in Section 1-6-225(c)(1), the following shall apply:

(1) Solely for the purpose of calculating the lowest bid or proposal, a sum equal to 10%
of the total bid, or of the base bid and each alternate, of the proposal shall be deducted
from the amount of the total bid, or the base bid and each alternate, respectively, of
the bid or the proposal of a contractor, prime contractor or supplier whose principal
place of business is located within the City of San Leandro. If, after performing the
above calculation there is a tie for the lowest bid the contractor, prime contractor or
supplier whose principal place of business is located within the City of San Leandro
shall be deemed the lowest bid subject to the qualifications concerning responsibility,
as required by law. If the tie bidders both have as their principal places of business
the City of San Leandro, then the City Council shall draw lots to determine to whom
to award the contract.

(2) Solely for the purpose of calculating the lowest bid a sum equal to 5% of the total bid,
or of the base bid and each alternate, or the proposal shall be deducted from the
amount of the total bid, or the base bid and each alternate, respectively, of a bid or
proposal submitted by a contractor, prime contractor or supplier that is a joint venture
wherein one of the joint venturers is a business that has as its principal place of
business, its headquarters, or a significant portion of its operations within the City of
San Leandro.

(3) Under no circumstances shall the real dollar amount of the percentage applied under
subsection (a) or (b)exceed Fifty thousand dollars in the reduction of the lowest bid,
or the base bid and each alternate, or the proposal respectively.

(f) Local Business Participation Goal:

(1) Prior to award of a contract governed by this Chapter that is or exceeds One hundred
thousand dollars, the contractor, prime contractor or supplier shall engage in good
faith efforts to hire or contract with San Leandro businesses, nonprofit organizations
or residents to perform the contract with the goal that at least 25% of the total contract
dollar amount is spent on local businesses.

(2) Good faith efforts shall be established by any combination of five of the following
activities. In order to show good faith efforts towards meeting the local business
participation goal, the contractor or supplier shall certify that it has already
completed, or will complete during the course of the project, the activities identified
herein through submittal of a declaration at the time bids or proposals are due:

(i) Attending any pre-solicitation or pre-bid meetings scheduled by the City to
inform all contractors, subcontractors, suppliers, and San Leandro residents of
the project and the requirements of this section;

(ii) Convening a meeting within the City of San Leandro for San Leandro
businesses, suppliers, nonprofit organizations and residents to identify specific
items of work to be performed on the project in order to increase the likelihood
of meeting the business participation goal and intent of this Chapter, including
breaking down contracts into smaller units;

(iii) Listing all contact information for any San Leandro business or nonprofit
organization that will participate in the project, or provide services or supplies
to the prime contractor or supplier if a contract is awarded to the prime
contractor or supplier;

(iv) Advertising for subcontracting, supplying or employment opportunities on the project not less than 20 calendar days before the date bids are due in one or more daily or weekly newspapers, websites, trade association publications, trade journals or other media;

(v) Documentation of personal contacts with San Leandro businesses or nonprofit
organizations informing them of the opportunity to subcontract or supply to the
project;

(vi) Documentation of good faith negotiations with San Leandro businesses and
nonprofit organizations to subcontract or supply to the project;

(vii) Making the project plans, specifications and in the case of a construction, design
or engineering contract, the City Engineer's estimates available for review upon
the request of interested San Leandro businesses and San Leandro nonprofit
organizations;

(viii) Documentation of requests for assistance from San Leandro community
organizations, San Leandro contractors or professional groups, local, State or
Federal business assistance offices or other organizations that provide assistance
in the recruitment and placement of San Leandro businesses and San Leandro
nonprofit organizations, if any are available.

(g) Compliance: Prior to award of a contract, contractors, prime contractors, or suppliers shall
do the following, which shall be subject to a verification process:

(1) Demonstrate in their bids or proposals that they have used good faith efforts through
documenting proof of completion of good faith activities as identified in Section
1-6-225(f)(2) to utilize San Leandro businesses, San Leandro small businesses and/or
San Leandro nonprofit businesses; or

(2) Identify the particular San Leandro businesses, San Leandro small businesses and/or

San Leandro nonprofit businesses and suppliers to be utilized in performing the
contract, specifying for each such business the dollar value of the San Leandro
business' scope of work in the project or procurement and the type of work the San
Leandro business will perform.

(3) Evidence of willful failure to enact good faith efforts or intentional misrepresentation of San Leandro businesses' participation as certified in the bid or proposal submitted shall be grounds for finding a breach of contract, subsequent debarment from bidding or proposing on City contracts in the future, and further legal action at the City's discretion.

(4) The City is empowered to take actions to ensure compliance with the provisions of
this Chapter. The actions which the City is empowered to take may include, but are
not limited to:

(i) Ordering the suspension of the selection process for the award of the contract;

(ii) Intervening in the selection process to correct contracting practices which hinder
business opportunities for San Leandro businesses, San Leandro small
businesses and San Leandro nonprofit businesses;

(iii) Declaring the contractor, prime contractor, or supplier to be nonresponsive and
ineligible to receive the award of contract;

(iv) Declaring an existing contract terminated;

(v) Imposing penalties in the form of liquidated damages. The liquidated damages
shall be in an amount equal to 10% of the total amount of the contract. All
liquidated damages assessed shall be payable to the City upon demand and may
be set off against any monies due to the contractor, prime contractor, or supplier
from any contract with the City and the City shall have the right to withhold
payments due to the contractor to satisfy the penalty.

(vi) Disqualifying the contractor, prime contractor or supplier from eligibility to
provide goods or services to the City for a period not to exceed five years. Any
business disqualified under this subsection shall have a right to review and
reconsideration by the City Manager after two years upon a showing of
corrective action indicating that violations are not likely to recur.

(h) Incentive Program: Per the City Council's findings and stated purpose, the City Manager is
authorized to award, at his or her discretion, if funds are available within the project budget,
a monetary bonus for any contractor, prime contractor or supplier that exceeds the local
business participation goal by 100% or more.

The Purchasing Agent shall have the discretion to reject any bid received and to seek new bids.

No required acquisition of equipment, materials or supplies shall be accomplished by the issuance of several purchase orders for portions thereof for the purpose of evading the provisions of this Article.

Article 3

Purchasing Without Competitive Bids(Legislative History: Ordinance No. 92-011, 7/6/92 (Section 1-6-310); Ordinance No. 2002-001, 1/7/02 (Section 1-6-300); Ordinance No. 2012-006, 5/7/12 (Sections 1-6-310, 1-6-315); Ordinance No. 2013-002, 4/1/13 (Section 1-6-300); Ordinance No. 2022-020, 12/5/22 (Section 1-6-300); Ord. No. 2024-013, 10/7/2024 (Section 1-6-310))

Purchases of equipment, materials or supplies requiring an expenditure of Sixty thousand dollars or less may be made without competitive bidding. When, in the opinion of the Purchasing Agent, it is feasible to do so, the Purchasing Agent shall solicit such equipment, materials or supplies from suppliers whose principal place of business is located within the City of San Leandro.

Purchases of equipment, materials, or supplies which are not amenable to competitive bidding procedures, including, but not limited to, books, items available through cooperative purchasing with other governmental agencies, may be made without competitive bidding.

Purchases of equipment, materials, supplies and services determined by the City Manager or designee to be necessary to respond to an emergency which threatens the public health, safety, or welfare may be made without competitive bidding and without Council approval if such purchases are in the amount of $200,000 or under.

Purchases of equipment, materials, services and supplies determined by the Council to serve the best interests of the City may be made without competitive bidding.

Article 4

Personal Services

Contracts for nonprofessional personal services shall be subject to the provisions of Articles 1 through 3 of this Chapter.

Contracts for professional personal services shall not be subject to the provisions of this Chapter.

Nothing contained in this Article shall be construed to prohibit provision of personal services, whether or not herein described, by City employees.

Article 5

Surplus Sales

The Purchasing Agent shall sell or exchange, in a manner designed to serve the best interests of the City, equipment, materials and supplies which have become unsuitable or unnecessary for City purposes.

Article 6

Living Wage(Legislative History: Ordinance No. 2007-018, 6/30/07 (Sections 1-6-600—1-6-660))

The purpose of this Article is to assure that City employees, employees of City service contractors, subcontractors, and employees and contractors of City financial assistance earn an hourly wage that is sufficient to live with dignity and to achieve economic self-sufficiency. The City contracts with many businesses and organizations to provide services to the public, and provides financial assistance to developers and businesses for the purpose of promoting economic development and job growth. Such public expenditures should also be spent to set a community economic standard that permits workers to live out of poverty. The City Council finds that the use of City funds to provide living wage jobs will decrease poverty, increase consumer income, invigorate neighborhood businesses and reduce the need for taxpayer funded social service programs.

This Article shall be known and may be cited as the "Living Wage Ordinance." The purpose of this Article is to protect the public health, safety and welfare. It does this by requiring that public funds be expended in such a manner as to facilitate individual self-reliance by employees of City contractors, lessees, recipients of City financial aid and their respective subcontractors.

(a) The City of San Leandro awards contracts to private firms and other businesses to provide services to the public and to City government; and

(b) The City of San Leandro has a limited amount of taxpayer resources to expend; and

(c) The use of taxpayer dollars to promote sustenance and creation of living wage jobs will
increase consumer income, decrease levels of poverty and reduce the need for taxpayer-
funded social programs in other areas; and

(d) When City funds are used to contract for services, such contracts should demonstrate an
effort to promote an employment environment that enhances the general quality of life
within the community and maximizes the productive effect of the City's limited resources;
and

(e) The City's use of contractors that do not provide health insurance to their employees can
result in imposing the costs of their medical care on the County, State and Federal
governments; and

(f) That employees are far likelier to be healthy if their employer provides reasonable health
insurance to them and their dependents; and

(g) The payment of a minimum level of compensation as required by this Article benefits these
interests.

The following words and phrases whenever used in this Article shall be construed as defined in this section:

"City" means the City of San Leandro and all City agencies.

"City financial aid recipients" mean all persons or entities that receive from the City, direct assistance in the form of grants, loans, or loan guarantees, in-kind services, waivers of City fees, real property or other valuable consideration in the amount of more than One hundred thousand dollars within the City's fiscal year (July 1 through June 30). This term shall not include those who enjoy an economic benefit as an incidental effect of City policies, regulations or ordinances.

"Contractor" means any person or entity that enters into a service contract as hereafter defined with the City in an amount equal to or greater than Twenty-five thousand dollars within the City's fiscal year. (Contractor includes subcontractors whose employees are engaged in City funded services.)

"Employee" means any individual employed by an employer who performs at least 25% of the work arising from City financial aid, or a City lease, or who performs work arising from a service contract. No work may be reassigned in order to evade coverage under this Article.

"Health benefits" mean an employer's monetary contribution toward the cost of health and medical care insurance for covered employees and their dependents. Health benefits may include the following types of insurance: medical health, including mental health, dental and vision care. The hourly cost of providing health benefits shall be credited as compensation along with wages under this Chapter. Retirement benefits, accidental death and dismemberment insurance, life insurance, disability insurance and other benefits that do not provide medical or health-related coverage shall not be credited as compensation.

"Nonprofit" shall mean a nonprofit organization described in Section501(c) of the Internal Revenue Code of 1954 which is exempt from taxation under Section 501(c) of that code, or any nonprofit educational organization qualified under Section 23701(d) of the Revenue and Taxation Code.

"Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.

"Service contract" means a contract given a contractor by the City for Twenty-five thousand dollars or more for the furnishing of services to or for the City, except those contracts where services are incidental to delivery of products, equipment or commodities. Service contracts include, but are not limited to, security guard services, janitorial services, waste management, landscaping, parking attendant services, and towing. "Service contract" does not include: (1) a contract between the City and another governmental entity or public utility; and (2) a contract subject to Federal or State laws or regulations that would preclude application of the living wage requirement otherwise applicable pursuant to this Article.

ARTICLE.

The persons and entities described below shall comply with the minimum compensation
standards established by this Article if they employ more than six employees:

(a) The City of San Leandro, including all its agencies, departments and offices, for all regular
and permanent part-time employees.

(b) For-profit service contractors which employ six or more employees and receive contract(s)
from the City for Twenty-five thousand dollars or more within the City's fiscal year.

Compliance shall be required during the term of the contract for all employees who
perform, and while engaged in work arising from the service contract.

(c) Nonprofit service contractors which employ six or more employees and receive contracts
from the City of One hundred thousand dollars or more within the City's fiscal year.
Compliance shall be required during the term of the contract for all employees who perform
at least 25% of the work arising from the service contract.

(d) Lessees of public property, licensees, concessionaires and franchises which employ six or
more employees and have Three hundred fifty thousand dollars or more in annual gross
receipts. Compliance shall be required during the lease term for any employees who spend
25% or more of their compensated time on the leased property or engage in work directly
related to the license, concession or franchise.

(e) City financial aid recipients which employ six or more employees and receive more than
One hundred thousand dollars in grants, loans or other cash and/or non-cash assistance
within the City's fiscal year. Compliance shall be required for a duration of one year for
each One hundred thousand dollars of assistance, up to a maximum duration of five years,
following receipt of the aid for all employees who spend 25% or more of their compensated
time engaged in work directly related to the purposes for which the City provided the aid.

(f) Subcontractors and sub lessees of any of the entities or persons described in subsections (a)
through (e) of this section.

All persons and entities subject to this chapter shall pay covered employees a wage of no less than the living wage set forth in this Article:

(a) Living wage means no less than Twelve dollars and forty cents per hour including wages
and health benefits. For health benefits to be counted as a part of the living wage, the
benefit must be at least One Dollar and Fifty Cents ($1.50) per hour. If employer
contributions for health benefits are not paid on an hourly basis, the employer must
demonstrate to the City the hourly value of such benefits in order to receive credit for such
payments to covered employees.

(b) Time-off: Employees shall be entitled to at least 22 days off per year for sick leave,
vacation, or personal necessity. At least 12 of the required days off shall be compensated at
the same rate as regular compensation for a normal working day. Ten of the required 22
days may be uncompensated days off. Employees who work part-time shall be entitled to
accrue compensated days off in increments proportional to that accrued by full-time
employees. Employees shall be eligible to use accrued days off after the first six months of
satisfactory employment or consistent with employer policy, whichever is sooner. Paid
holidays, consistent with established employer policy, may be counted toward provision of
the required 12 compensated days off.

(c) Additional Compensation Permissible: Nothing in this Article shall be construed to limit
an employer's discretion to provide greater wages to its employees.

(d) The initial rates set forth in subsection (a) of this section shall increase annually on July 1,
beginning July 1, 2008, to reflect the 12 month average in the Consumer Price Index for all
urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Areas for the preceding year from May through April.

(e) If the prevailing wage for services occupations are posted by the State Department of
Industrial Relations (or any successor agency) and exceeds the compensation required by
the living wage, then the contractor is required to pay its employees the posted prevailing
wage.

(f) The City Council may periodically adjust the living wage rate up or down to reflect average
living wage rates in effect in other Alameda County cities.

Following a review and recommendation by the City Manager, the City Council may approve waivers with or without conditions to any of the requirements and regulations set forth in this Article, or in any implementing policies, upon a finding that such action is in the best interest of the City.

Every City contract, lease, license agreement, concession agreement, franchise agreement or agreement for financial aid with an employer or amendment thereto affecting financial aid or extending the term shall require compliance with the requirements of this Article. Such contract provisions shall address the employer's duty to promptly provide to the City, documents and information verifying compliance with the requirements of this chapter, and sanctions for noncompliance. Such contract provisions shall also require the employer to give written notification to each current employee, and to each new employee at time of hire, of his or her rights under this Article. The notification shall be in the form provided by the City in English and Spanish, and translated by the employer to other languages spoken by a significant number of the employees, and shall also be posted prominently in areas at the work site where it will be seen by all employees.

The requirements of this Article shall not be applicable to the following employees:

(a) Employees of another government agency, including without limitation, cities, counties,
state agencies, joint power authorities, and public utilities.

(b) An employee participating in a temporary job training program approved by the City in
which a significant component of the employee's training consists of acquiring specialized
knowledge, abilities, skills or job readiness (e.g., the importance of proper work attire,
punctuality and workplace demeanor).

(c) Any disabled employee who; (1) is covered by a current sub-minimum wage certificate
issued to the employee by the U.S. Department of Labor; or (2) would be covered by such
a certificate but for the fact that the employer is paying a wage equal to or higher than the
minimum wage.

(d) An employee who is in an internship or other job training program for which the employee
is also receiving academic credit.

(e) An employee who is under 18 years of age.

(f) A temporary employee of the City of San Leandro who is employed for a limited term to a
regular or nonregular position including casual, seasonal and emergency appointments with
no guarantee of continued employment beyond the initial hire season.

(g) Volunteers.

(h) Employees who are standing by or on-call according to the criteria established by the Fair
Labor Standards Act, 29 U.S.C. Section 201. This exemption shall apply only during the
time when the employee is actually standing by or on-call.

(i) Employees of contractors and subcontractors subject to the requirements of Division 2, Part
7, of the California Labor Code, for payment of prevailing wage when prevailing wage
requires compensation greater than that required by this Article.

(j) An employee for whom application of the requirements of this Article is prohibited by State
or Federal law.

(k) An employee subject to a bona fide collective bargaining agreement where the waiver of
the provisions of this Article are set forth in clear and unambiguous terms in such an
agreement.

RETENTION.

(a) It shall be unlawful to retaliate or discriminate against any person on account of having
inquired into or having claimed a violation of this Article.

(b) Each entity which is to replace a prior entity, subject to the requirements of this Article,
and described in Section 6, shall offer employment to the employees of the prior entity.
Such employees may be not be terminated by the new entity during the first 90 days except
for just cause. The new entity may operate at lower staffing levels than its predecessor but
in such event, shall place its predecessor's employees on a preferential reinstatement list
based on seniority. For purposes of this section, an entity "replaces" another if it (1)
assumes all or part of the lease, contract, subcontract or City aid of a prior employer, and
(2) offers employment which employees of the prior entity can perform. Nothing herein
shall be construed to require that supervisory, managerial or confidential employees
retained by the new contractor be kept in a supervisory, managerial or confidential position.

(a) An employee who alleges violation of any provision of the requirements of this Article may report such acts to the City. The City Manager may establish a procedure for receiving and investigating such complaints and take appropriate enforcement action.

(b) Any complaints received shall be treated as confidential matters to the extent permitted by law. Any complaints received and all investigation documents related thereto shall be deemed exempt from disclosure pursuant to California Government Code Sections 6254 and 6255.

(a) A person claiming violation of this Article may bring an action in the Superior Court of the

State of California against an employer and obtain the following remedies:

(1) Back pay for each day during which the employer failed to pay the compensation required by this Article.

(2) Reinstatement and compensatory damages.

(3) For a willful violation of this Article, a court may award as a penalty up to treble the amount of monies to be paid as damages.

(4) Reasonable attorneys' fees and costs.

(b) Notwithstanding any provision of this Article or any ordinances to the contrary, no criminal penalties shall attach for any violation of this chapter.

(c) No remedy set forth in this Article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law.

(d) No liability of City: Claims or lawsuits against the City arising under this Article are not authorized, nor shall the remedies provided in subsection (a) be awarded against the City. The City shall not be liable to any person or entity because of the City's failure to notify an employer of the applicability of this Article, the City's failure to investigate or enforce violations of this Article, or based upon another employer's failure to comply with this Article.

(e) The City may terminate a service contract, financial assistance, or lease or facility agreement and pursue any other legal remedies available to the City, including debarment, for noncompliance with this Article.

This Article shall apply to every City contract, lease, license, concession agreement, franchise agreement or agreement for financial aid with an employer entered into or amended on or after September 1, 2007.