Common use of LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION Clause in Contracts

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. CONTRACTOR agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by CONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and CONTRACTOR mutually agree that making a precise determination of the amount of City’s damages as a result of CONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: CONTRACTOR By Name: Title: Date: DATE: February 13, 2013 Living Wage Rate With Health Benefits Living Wage Rate Without Health Benefits $14.73 $15.98 (Industrial Welfare Commission Order No. 4-2001) Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of work in a workweek. DRAFT--Contact the Office of the City Clerk at (408) E5-355-1260 or XxxxXxxxx@xxxxxxxxx.xxx for final document.

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. CONTRACTOR agrees its breach of the Wage Requirement would cause the City CITY damage by undermining the Goals, and CityCITY’s damage would not be remedied by CONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City CITY and CONTRACTOR mutually agree that making a precise determination of the amount of CityCITY’s damages as a result of CONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORECITY LIVING WAGE DETERMINATION SCOPE: Security Guard Services for CITY Departments/Locations: Public Works; Department of Transportation; Parks, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF City By Name: Recreation and Neighborhood Services; Water Pollution Control Plant/Municipal Water; and Work2Furture; Xxxxxx X. Mineta San Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: CONTRACTOR By Name: Title: Date: DATE: February 13, 2013 Living Wage Rate With Health Benefits Living Wage Rate Without Health Benefits $14.73 $15.98 (Industrial Welfare Commission Order No. 4-2001) Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than:International Airport ISSUANCE (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of work in a workweek. DRAFT--Contact the Office of the City Clerk at (408) E5-355-1260 or XxxxXxxxx@xxxxxxxxx.xxx for final document.

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. CONTRACTOR Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by CONTRACTORContractor’s payment of restitution to the workers who were paid a substandard wage. CONTRACTOR Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and CONTRACTOR Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of CONTRACTORContractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR Contractor SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: CONTRACTOR Contractor By Name: Xxx Xxxxxxxxx Title: President and COO Date: DATE: February 13, 2013 Contracts governed by both the City of San Jose’s Living Wage Rate With Health Benefits Living Wage Rate Without Health Benefits $14.73 $15.98 Policy (Industrial Welfare Commission Order Resolution No. 4-200168900) and its Prevailing Wage Policy (Resolution No. 61144) are subject to the Policy with the higher wage requirements. PREVAILING WAGE RATES Classification Basic Hourly Pay Rate Health Welfare & Pension Vacation Minimum (10 Days) Paid Sick Leave (6 Days) Paid Holidays (9 Days) Total Hourly Pay* Shuttle Bus Driver $22.96 $3.90 $.88 $ .52 $.80 $29.06 Shuttle Bus Cleaners $18.44 $3.90 $.72 $.43 $.66 $24.15 Paid Vacation (Calculate at After 1 year 10 Days – 80 Hours applicable hourly pay rate) After 5 years 15 Days – 120 Hours After 10 years 20 Days – 160 Hours After 15 years 20 Days – 160 Hours Paid Sick Leave Six (6) paid Sick Days Paid Holidays Nine (9) paid Holidays Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of work in a workweek. DRAFT--Contact the Office of the City Clerk at (408) E5-355-1260 or XxxxXxxxx@xxxxxxxxx.xxx for final document.Page of

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. CONTRACTOR agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by CONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and CONTRACTOR mutually agree that making a precise determination of the amount of City’s damages as a result of CONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF T-25605.006/ 954332 City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: CONTRACTOR By Name: Title: Date: T-25605.006/ 954332 DATE: February 13, 2013 Living Wage Rate With Health Benefits Living Wage Rate Without Health Benefits $14.73 $15.98 (Industrial Welfare Commission Order No. 4-2001) Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of work in a workweek. DRAFT--Contact T-25605.006/ 954332 Pursuant to City of San Xxxx Living Wage Policy, CONTRACTOR and any Subcontractor shall be obligated to pay not less than the Office living wage in accordance with the requirements of this Policy document, and the City Clerk at (408) E5-355-1260 or XxxxXxxxx@xxxxxxxxx.xxx for final documentWage Determination as indicated in Exhibit 1 to this attachment.

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. CONTRACTOR Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by CONTRACTORContractor’s payment of restitution to the workers who were paid a substandard wage. CONTRACTOR Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and CONTRACTOR Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of CONTRACTORContractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: CONTRACTOR THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID. 2011-2012 Compass Group USA/ 644238 Xxxxxxx Senior Meals D-3 T-23422.002\827018 COMPASS GROUP USA INC. Contractor BY AND THROUGH ITS XXXXXXX DIVISION By Name: Title: Date: DATE: February 13, 2013 2011-2012 Compass Group XXX/ 000000 Xxxxxxx Senior Meals D-4 T-23422.002\827018 Contracts governed by both the City of San José’s Living Wage Rate With Health Benefits Living Wage Rate Without Health Benefits $14.73 $15.98 Policy (Industrial Welfare Commission Order Resolution No. 4-200168900) Employees shall not be employed more than eight and its Prevailing Wage Policy (8) hours in any workday or more than 40 hours in any workweek unless Resolution No. 61144) are subject to the employee receives one and one-half Policy with the higher wage requirements. Classification Basic Hourly Pay Rate Health, Welfare & Pension Vacation Minimum (1 ½5 Days) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight Paid Sick Leave (8) hours in any workday or more than six (66 Days) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of work in a workweek. DRAFT--Contact the Office of the City Clerk at (408) E5-355-1260 or XxxxXxxxx@xxxxxxxxx.xxx for final document.Total Hourly Pay Rate* Food Service Coordinator $16.71 $2.71 $.32 $.39 $20.13 Xxxx $14.17 $2.71 $.27 $.32 $17.47

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. CONTRACTOR Contractor agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by CONTRACTORContractor’s payment of restitution to the workers who were paid a substandard wage. CONTRACTOR Contractor further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and CONTRACTOR Contractor mutually agree that making a precise determination of the amount of City’s damages as a result of CONTRACTORContractor’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF City By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: CONTRACTOR Contractor By Name: Title: Date: DATE: February 13, 2013 Living Wage Rate With Health Benefits Living Wage Rate Without Health Benefits $14.73 $15.98 (Industrial Welfare Commission Order No. 4-2001) Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of work in a workweek. DRAFT--Contact the Office of the City Clerk at (408) E5-355-1260 or XxxxXxxxx@xxxxxxxxx.xxx for final document.

LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION. CONTRACTOR agrees its breach of the Wage Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by CONTRACTOR’s payment of restitution to the workers who were paid a substandard wage. CONTRACTOR further agrees that such damage would increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and CONTRACTOR mutually agree that making a precise determination of the amount of City’s damages as a result of CONTRACTOR’s breach of the Wage Requirement would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES THE SUM OF City THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT CITY By Name: Xxxx Xxxxxxxxxxx Title: Chief Purchasing Officer Date: CONTRACTOR By Name: Title: Date: DATE: February 13, 2013 Living Wage Rate With Health Benefits Living Wage Rate Without Health Benefits $14.73 $15.98 (Industrial Welfare Commission Order No. 4-2001) Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 ½) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a) One and one-half (1 ½) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and (b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) on the seventh (7th) consecutive day of work in a workweek. DRAFT--Contact the Office of the City Clerk at (408) E5-355-1260 or XxxxXxxxx@xxxxxxxxx.xxx for final document.