Common use of Requiring Health Benefits for Covered Employees Clause in Contracts

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 31 contracts

Samples: Funding Loan Agreement, Drug Laboratory Testing Services Agreement, Workers’ Compensation Bill Review and Utilization Review Services Agreement

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Requiring Health Benefits for Covered Employees. Contractor Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Tenant if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorTenant’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) Tenant shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Tenant shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) Tenant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor (k) Tenant shall allow City to inspect ContractorTenant’s job sites premises and have access to ContractorTenant’s employees in order to monitor and determine compliance with HCAO. l. (l) City may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor Tenant agrees to cooperate with City when it conducts such audits. m. (m) If Contractor Tenant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Tenant later enters into an agreement or agreements that cause ContractorTenant’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 24 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/site/olse_index.asp. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate applicable health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a small business business” as defined described in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the requirements of the HCAO shall constitute a material breach by Tenant of this agreement. City shall notify Contractor if such a breach has occurredLease. If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO by each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subtenant’s, Contractor’s, or Subcontractor’s failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within five (5) business days after any request by City, Tenant shall provide City with access to pertinent records pertaining relating to any Tenant’s compliance with HCAO after receiving a written request from the HCAO. In addition, City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the term of this Lease. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 20 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 12 contracts

Samples: Personal Services Contract, Personal Services Contract, Standard Professional Services Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 12Q. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. . Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. . Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. . Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. . Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. . Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. . Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. . Contractor shall keep itself informed of the current requirements of the HCAO. i. . Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. . Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. . Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. . City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. . If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 6 contracts

Samples: Contract Agreement, Contract Agreement, Equipment Maintenance Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx/xxxx . Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 6 contracts

Samples: Contract Agreement, Safety Management Systems Consulting Services, Contract Agreement

Requiring Health Benefits for Covered Employees. Contractor Xxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Tenant if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorXxxxxx’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) Tenant shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Tenant shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) Tenant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor (k) Tenant shall allow City to inspect ContractorTenant’s job sites premises and have access to ContractorTenant’s employees in order to monitor and determine compliance with HCAO. l. (l) City may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor Xxxxxx agrees to cooperate with City when it conducts such audits. m. (m) If Contractor Tenant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Tenant later enters into an agreement or agreements that cause ContractorTenant’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 5 contracts

Samples: Airport Advertising Lease, Lease Agreement, Lease Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, the Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web Web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, the Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If the Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. The Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City The TJPA shall notify the Contractor if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s the TJPA's written notice of a breach of this Agreement for violating the HCAO, the Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, the Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the TJPA shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe TJPA. d. Any Subcontract subcontract entered into by the Contractor shall require the Subcontractor subcontractors to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. The Contractor shall notify City’s Office of Contract Administration the TJPA when it enters into such a Subcontract subcontract and shall certify to the Office of Contract Administration TJPA that it has notified the Subcontractor subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor subcontractor through the Subcontractsubcontract. Each The Contractor shall be responsible for its Subcontractors’ subcontractors' compliance with this Chapter. If a Subcontractor subcontractor fails to comply, the City TJPA may pursue the remedies set forth in this Section against the Contractor based on the Subcontractorsubcontractor’s failure to comply, provided that City TJPA has first provided the Contractor with notice and an opportunity to obtain a cure of the violation. e. The Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City the TJPA with regard to the Contractor’s noncompliance 's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. The Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. The Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City ContractTJPA Agreement. h. The Contractor shall keep itself informed of the current requirements of the HCAO. i. The Contractor shall provide reports to the City TJPA in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors subcontractors and Subtenantssubtenants, as applicable. j. The Contractor shall provide City the TJPA, or City, with access to records pertaining to compliance with HCAO after receiving a written request from City the TJPA to do so and being provided at least ten five (5) business days to respond. k. The Contractor shall allow City the TJPA, or City, to inspect the Contractor’s job sites and have access to the Contractor’s employees in order to monitor and determine compliance with HCAO. l. City The TJPA, or City, may conduct random audits of the Contractor to ascertain its compliance with HCAO. The Contractor agrees to cooperate with City the TJPA when it conducts such audits. m. If the Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but the Contractor later enters into an agreement or agreements that cause the Contractor’s 's aggregate amount of all agreements with City TJPA to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and the City TJPA to be equal to or greater than $75,000 in the fiscal year.

Appears in 4 contracts

Samples: Professional Services, Professional Services, Professional Services

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement License as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement Master License shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Licensee chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Licensee is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor’s (c) Licensee's failure to comply with the HCAO shall constitute a material breach of this agreementMaster License. City shall notify Contractor Licensee if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s 's written notice of a breach of this Agreement Master License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Licensee shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Licensee shall notify City’s Office of Contract Administration 's Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Licensee shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Licensee based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Licensee shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance Licensee's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO. i. Contractor (h) Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (i) Licensee shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (j) City may conduct random audits of Contractor Licensee to ascertain its compliance with HCAO. Contractor Licensee agrees to cooperate with City when it conducts such audits. m. (k) If Contractor Licensee is exempt from the HCAO when this Agreement Master License is executed because its amount is less than $25,000 Twenty-Five Thousand Dollars ($50,000 25,000) [Fifty Thousand Dollars ($50,000) for nonprofits)], but Contractor Licensee later enters into an agreement or agreements that cause Contractor’s Licensee's aggregate amount of all agreements with City to reach Seventy-Five Thousand Dollars ($75,000), all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date Commencement Date of the any license or other agreement that causes the cumulative amount of agreements between Contractor Licensee and the City to be equal to or greater than Seventy-Five Thousand Dollars ($75,000 75,000) in the fiscal year.

Appears in 4 contracts

Samples: Master Outdoor Distributed Antenna System Pole License Agreement, Master Outdoor Distributed Antenna System Pole License Agreement, Master Outdoor Distributed Antenna System Pole License Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/site/olse_index.asp. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate applicable health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a small business business” as defined described in Section 12Q.3(e12Q.3 (d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the requirements of the HCAO shall constitute a material breach by Tenant of this agreement. City shall notify Contractor if such a breach has occurredLease. If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1Section 12Q.5 (f) (1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO by each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subtenant’s, Contractor’s, or Subcontractor’s failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within five (5) business days after any request by City, Tenant shall provide City with access to pertinent records pertaining relating to any Tenant’s compliance with HCAO after receiving a written request from the HCAO. In addition, City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the term of this Lease. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, the Manager agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web Web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor the Manager shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor the Manager chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Manager is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s (c) The Manager's failure to comply with the HCAO shall constitute a material breach of this agreement. City The TJPA shall notify Contractor the Manager if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s the TJPA's written notice of a breach of this Agreement for violating the HCAO, Contractor the Manager fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor the Manager fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the TJPA shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe TJPA. d. (d) Any Subcontract entered into by Contractor the Manager shall require the Subcontractor subcontractors to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor The Manager shall notify City’s Office of Contract Administration the TJPA when it enters into such a Subcontract subcontract and shall certify to the Office of Contract Administration TJPA that it has notified the Subcontractor subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor subcontractor through the Subcontract. Each Contractor Manager shall be responsible for its Subcontractors’ compliance require all subcontractors to comply with this Chapter. If a Subcontractor the requirements of HCAO and will use commercially reasonable, diligent efforts to pursue all rights and remedies available to Manager under each such subcontract, at law or in equity, if such subcontractor fails to comply, comply with the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violationHCAO. e. Contractor (e) The Manager shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City the TJPA with regard to Contractor’s noncompliance Manager's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) The Manager represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) The Manager shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City ContractTJPA agreement. h. Contractor (h) The Manager shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) The Manager shall provide reports to the City TJPA in accordance with any reporting standards promulgated by the City TJPA under the HCAO, including reports on Subcontractors subcontractors and Subtenantssubtenants, as applicable. j. Contractor (j) The Manager shall provide City the TJPA with access to records pertaining to compliance with HCAO after receiving a written request from City the TJPA to do so and being provided at least ten business days (10) Business Days to respond. k. Contractor (k) The Manager shall allow City the TJPA to inspect Contractorthe Manager’s job sites and have reasonable access to Contractorthe Manager’s employees in order to monitor and determine compliance with HCAO, provided that TJPA shall not unreasonably interfere with or impair Manager’s operations in the exercise of such inspection rights. l. City (l) The TJPA may conduct random audits of Contractor the Manager to ascertain its compliance with HCAO, provided that TJPA shall not unreasonably interfere with or impair Manager’s operations in the exercise of such audit rights. Contractor The Manager agrees to cooperate with City the TJPA when it conducts such audits. m. (m) If Contractor the Manager is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor the Manager later enters into an agreement or agreements that cause Contractor’s the Manager's aggregate amount of all agreements with City TJPA to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor the Manager and the City TJPA to be equal to or greater than $75,000 in the fiscal year.

Appears in 3 contracts

Samples: Master Asset Management Agreement, Master Asset Management Agreement, Master Asset Management Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate applicable health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a small business business” as defined described in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the requirements of the HCAO shall constitute a material breach by Tenant of this agreement. City shall notify Contractor if such a breach has occurredLease. If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO by each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subtenant’s, Contractor’s, or Subcontractor’s failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within five (5) business days after any request by City, Tenant shall provide City with access to pertinent records pertaining relating to any Tenant’s compliance with HCAO after receiving a written request from the HCAO. In addition, City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the term of this Lease. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the that same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxx.xx.xx.xx.xx/xxxxxxxx/XXXX.xxx. Capitalized terms used in this Section and not defined in this Agreement agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. (c) Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. (e) Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. (f) Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. (g) Contractor shall keep itself informed of the current requirements of the HCAO. i. (h) Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. (i) Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (j) City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. (k) If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 3 contracts

Samples: Contract, Contract, Contract

Requiring Health Benefits for Covered Employees. Unless exempt, Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. .. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/oca/lwlh.htm. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s 's Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s 's noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. h. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. i. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. j. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. k. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s 's aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Model Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 3 contracts

Samples: Software Development Agreement, Software Development Agreement, Software Development Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Licensee agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement the Master License as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall the Master License have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Licensee chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Licensee is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor(c) Licensee’s failure to comply with the HCAO shall constitute a material breach of this agreementthe Master License. City shall notify Contractor Licensee if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement the Master License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Licensee shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Licensee shall notify City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Licensee shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Licensee based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Licensee shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorLicensee’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO. i. Contractor (h) Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and SubtenantsSublicenses, as applicable. j. Contractor (i) Licensee shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (j) City may conduct random audits of Contractor Licensee to ascertain its compliance with HCAO. Contractor Licensee agrees to cooperate with City when it conducts such audits. m. (k) If Contractor Licensee is exempt from the HCAO when this Agreement the Master License is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Licensee later enters into an agreement or agreements that cause ContractorLicensee’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date Commencement Date of the any license or other agreement that causes the cumulative amount of agreements between Contractor Licensee and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 2 contracts

Samples: Master License for Outdoor Distributed Antenna System Pole Installation, Master License for Outdoor Distributed Antenna System Pole Installation

Requiring Health Benefits for Covered Employees. Contractor agrees to (a) Unless exempt, Tenant will comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same they may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated into this Agreement by reference and made a part of this Agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such those terms in Chapter 12Q. a. (b) For each Covered Employee, Contractor shall Tenant will provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such the health plan shall must meet the minimum standards set forth by the San Francisco Health Commission. b. (c) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall will have no obligation to comply with part subsection (a) above. c. Contractor(d) Xxxxxx’s failure to comply with the HCAO shall will constitute a material breach of this agreementAgreement. City shall may notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Xxxxxx fails to cure such the breach or, if such the breach cannot reasonably be cured within such period of 30 daysthe thirty (30) days period, Contractor and Tenant fails to commence efforts to cure within such that period, or thereafter fails diligently to pursue such the cure to completion, then City shall will have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall will be exercisable individually or in combination with any other rights or remedies available to City. d. (e) Any Subcontract entered into by Contractor shall Tenant will require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City set (f) Tenant may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractorregarding Tenant’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall (h) Tenant will keep itself informed of the current requirements of the HCAO. i. Contractor shall (i) Tenant will provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall (j) Tenant will provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (k) City may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor agrees to Tenant will cooperate with City when it conducts such the audits. m. (l) If Contractor Tenant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 Fifty Thousand Dollars ($50,000 for nonprofits50,000), but Contractor Tenant later enters into an agreement or agreements that cause ContractorTenant’s aggregate amount of all agreements with City to reach Seventy-Five Thousand Dollars ($75,000), then all the agreements shall will be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City Contracting Department to be equal to or greater than Seventy-Five Thousand Dollars ($75,000 75,000) in the fiscal year.

Appears in 2 contracts

Samples: Lease and Property Management Agreement, Lease and Property Management Agreement

Requiring Health Benefits for Covered Employees. Contractor Consultant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor Consultant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Consultant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor Consultant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. ContractorConsultant’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Consultant if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Consultant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Consultant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor Consultant shall require the Subcontractor Subconsultant to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Consultant shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor Subconsultant of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor Subconsultant through the Subcontract. Each Contractor Consultant shall be responsible for its SubcontractorsSubconsultants’ compliance with this Chapter. If a Subcontractor Subconsultant fails to comply, the City may pursue the remedies set forth in this Section against Contractor Consultant based on the SubcontractorSubconsultant’s failure to comply, provided that City has first provided Contractor Consultant with notice and an opportunity to obtain a cure of the violation. e. Contractor Consultant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorConsultant’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor Consultant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor Consultant shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor Consultant shall keep itself informed of the current requirements of the HCAO. i. Contractor Consultant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors Subconsultants and Subtenants, as applicable. j. Contractor Consultant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor Consultant shall allow City to inspect ContractorConsultant’s job sites and have access to ContractorConsultant’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor Consultant to ascertain its compliance with HCAO. Contractor Consultant agrees to cooperate with City when it conducts such audits. m. If Contractor Consultant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Consultant later enters into an agreement or agreements that cause ContractorConsultant’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Consultant and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 2 contracts

Samples: Consulting Agreement, Consulting Agreement

Requiring Health Benefits for Covered Employees. Contractor Owner agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor Owner shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Owner chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor Owner is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. ContractorOwner’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Owner if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Owner fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Owner fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor Owner shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Owner shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Owner shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Owner based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Owner with notice and an opportunity to obtain a cure of the violation. e. Contractor Owner shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorOwner’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor Owner represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor Owner shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor Owner shall keep itself informed of the current requirements of the HCAO. i. Contractor Owner shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor Owner shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor Owner shall allow City to inspect ContractorOwner’s job sites and have access to ContractorOwner’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor Owner to ascertain its compliance with HCAO. Contractor Owner agrees to cooperate with City when it conducts such audits. m. If Contractor Owner is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Owner later enters into an agreement or agreements that cause ContractorOwner’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Owner and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 2 contracts

Samples: Regulatory Agreement and Declaration of Restrictive Covenants, Regulatory Agreement and Declaration of Restrictive Covenants

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Artist agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of 12Q.5.1of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor Artist shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Artist chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor Artist is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. ContractorArtist’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Artist if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Artist fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Artist fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor Artist shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Artist shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Artist shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Artist based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Artist with notice and an opportunity to obtain a cure of the violation. e. Contractor Artist shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorArtist’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor Artist represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor Artist shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor Artist shall keep itself informed of the current requirements of the HCAO. i. Contractor Artist shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor Artist shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor Artist shall allow City to inspect ContractorArtist’s job sites and have access to ContractorArtist’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor Artist to ascertain its compliance with HCAO. Contractor Artist agrees to cooperate with City when it conducts such audits. m. If Contractor Artist is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Artist later enters into an agreement or agreements that cause ContractorArtist’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Artist and the City to be equal to or greater than $75,000 in the fiscal year. <<(IF THE CONTRACT AMOUNT IS MORE THAN $50,000 INSERT THE FOLLOWING SECTION, IF THE CONTRACT AMOUNT IS EQUAL TO OR LESS THAN $50,000, PARAGRAPH #45 SHOULD READ “LEFT BLANK BY AGREEMENT OF THE PARTIES.”)>>

Appears in 2 contracts

Samples: Art Acquisition Agreement, Art Acquisition Agreement

Requiring Health Benefits for Covered Employees. 44.1 Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth hereinin this Agreement. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx/xxxx . Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 44.2 For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. 44.3 Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. 44.4 Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. 44.5 Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. 44.6 Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. 44.7 Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. 44.8 Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. 44.9 Contractor shall keep itself informed of the current requirements of the HCAO. i. 44.10 Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. 44.11 Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten (10) business days to respond. k. 44.12 Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. 44.13 City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. 44.14 If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 2 contracts

Samples: Contract Agreement, Professional Services

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 2 contracts

Samples: Consulting Agreement, Independent Appraisal Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to (a) Unless exempt, Tenant will comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same they may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated into this Lease by reference and made a part of this Agreement Lease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall Lease have the meanings assigned to such those terms in Chapter 12Q. a. (b) For each Covered Employee, Contractor shall Tenant will provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such the health plan shall must meet the minimum standards set forth by the San Francisco Health Commission. b. (c) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall will have no obligation to comply with part (a) the first paragraph of this Section above. c. Contractor(d) Tenant’s failure to comply with the HCAO shall will constitute a material breach of this agreementLease. City shall may notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such the breach or, if such the breach cannot reasonably be cured within such period of 30 daysthe thirty (30) days period, Contractor and Tenant fails to commence efforts to cure within such that period, or thereafter fails diligently to pursue such the cure to completion, then City shall will have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall will be exercisable individually or in combination with any other rights or remedies available to City. d. (e) Any Subcontract entered into by Contractor shall Tenant will require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall Tenant will notify City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract and shall will certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall Tenant will be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor shall (f) Tenant may not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractorregarding Tenant’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall (h) Tenant will keep itself informed of the current requirements of the HCAO. i. Contractor shall (i) Tenant will provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall (j) Tenant will provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.five

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) Section 31.2 above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Tenant shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Tenant based on the Subtenant's, Contractor's, or Subcontractor’s 's failure to comply, provided that City OLSE has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within ten (10) business days of any request, Tenant shall provide the City with access to pertinent records pertaining relating to any Tenant's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the Term. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, the Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web Web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, the Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If the Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. The Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City The TJPA shall notify the Contractor if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s the TJPA's written notice of a breach of this Agreement for violating the HCAO, the Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, the Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the TJPA shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe TJPA. d. Any Subcontract subcontract entered into by the Contractor shall require the Subcontractor subcontractors to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. The Contractor shall notify City’s Office of Contract Administration the TJPA when it enters into such a Subcontract subcontract and shall certify to the Office of Contract Administration TJPA that it has notified the Subcontractor subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor subcontractor through the Subcontractsubcontract. Each The Contractor shall be responsible for its Subcontractors’ subcontractors' compliance with this Chapter. If a Subcontractor subcontractor fails to comply, the City TJPA may pursue the remedies set forth in this Section against the Contractor based on the Subcontractorsubcontractor’s failure to comply, provided that City XXXX has first provided the Contractor with notice and an opportunity to obtain a cure of the violation. e. The Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City the TJPA with regard to the Contractor’s noncompliance 's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means.the f. The Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. The Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City ContractTJPA Agreement. h. The Contractor shall keep itself informed of the current requirements of the HCAO. i. The Contractor shall provide reports to the City TJPA in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors subcontractors and Subtenantssubtenants, as applicable. j. The Contractor shall provide City the TJPA, or City, with access to records pertaining to compliance with HCAO after receiving a written request from City the TJPA to do so and being provided at least ten five (5) business days to respond. k. The Contractor shall allow City the TJPA, or City, to inspect the Contractor’s job sites and have access to the Contractor’s employees in order to monitor and determine compliance with HCAO. l. City The TJPA, or City, may conduct random audits of the Contractor to ascertain its compliance with HCAO. The Contractor agrees to cooperate with City the TJPA when it conducts such audits. m. If the Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but the Contractor later enters into an agreement or agreements that cause the Contractor’s 's aggregate amount of all agreements with City TJPA to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and the City TJPA to be equal to or greater than $75,000 in the fiscal year.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 12Q. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. .. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. . Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. . Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. . Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. . Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. . Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. . Contractor shall keep itself informed of the current requirements of the HCAO. i. . Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. . Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. . Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. . City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. . If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 2 contracts

Samples: Request for Qualifications, Request for Qualifications

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) Section 28.2 above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Tenant shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Tenant based on the Subtenant's, Contractor's, or Subcontractor’s 's failure to comply, provided that City OLSE has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within ten (10) business days of any request, Tenant shall provide the City with access to pertinent records pertaining relating to any Tenant's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the Term. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor (a) Unless exempt, Xxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (b) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (c) Notwithstanding the above, if Tenant meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 29.2(a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (d) If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (e) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Tenant shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance written agreement with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violationsuch Subtenant or Contractor. e. Contractor (f) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (i) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (j) Within ten (10) business days of any request, Tenant shall provide the City with access to pertinent records pertaining relating to any Tenant's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the Term. Contractor Xxxxxx agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (k) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: Lease Amendment

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Applicant shall provide the appropriate health benefit set forth in Section 12Q.3 12Q.3(d) of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Applicant meets the Contractor is requirements of a small business as defined in business” by the City pursuant to Section 12Q.3(e) 12Q.3 of the HCAO, it shall have no obligation to comply with part (aSection 1.1(a)(i)(1) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Applicant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Applicant fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublicense or Contract regarding services to be performed on the harbor area entered into by Contractor Applicant shall require the Subcontractor Sublicensee or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Applicant shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublicense or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Sublicensee or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Sublicensee or Contractor through the Subcontractwritten agreement with such Sublicensee or Contractor. Each Contractor Applicant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Sublicensee, Contractor and Subcontractor performing services on the harbor area. If a any Sublicensee, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Applicant based on the Sublicensee’s, Contractor’s, or Subcontractor’s failure to comply, provided that City OLSE has first provided Contractor Applicant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Applicant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Applicant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Applicant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Applicant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors Sublicensees, Contractors, and Subtenants, as applicableSubcontractors. j. Contractor (i) Within ten (10) business days of any request, Applicant shall provide the City with access to pertinent records pertaining relating to any Applicant’s compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOApplicant at any time during the Term. Contractor Applicant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City- owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City- owned property that cause Contractor’s aggregate amount of all agreements with City the payments to reach $75,000, all the agreements shall be thereafter subject such Contractor or Subcontractor to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.exceed

Appears in 1 contract

Samples: Application and Agreement for Berth Assignment

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxx Agent agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Trust Agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxx.xx.xx.xx.xx\HCAO. Capitalized terms used in this Section and not defined in this Agreement agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor Escrow Agent shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Escrow Agent chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor Escrow Agent is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. ContractorEscrow Agent’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Escrow Agent if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Trust Agreement for violating the HCAO, Contractor Escrow Agent fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Escrow Agent fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor Escrow Agent shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Escrow Agent shall notify the City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on the Subcontractor through the Subcontract. Each Contractor Escrow Agent shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Escrow Agent based on the Subcontractor’s failure to comply, provided that the City has first provided Contractor Escrow Agent with notice and an opportunity to obtain a cure of the violation. e. Contractor Escrow Agent shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying the City with regard to ContractorEscrow Agent’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor Escrow Agent represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor Escrow Agent shall keep itself informed of the current requirements of the HCAO. i. Contractor h. Escrow Agent shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor i. Escrow Agent shall provide the City with access to records pertaining to compliance with HCAO after receiving a written request from the City to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. j. The City may conduct random audits of Contractor Escrow Agent to ascertain its compliance with HCAO. Contractor Xxxxxx Agent agrees to cooperate with the City when it conducts such audits. m. k. If Contractor Escrow Agent is exempt from the HCAO when this Trust Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Escrow Agent later enters into an agreement or agreements that cause ContractorEscrow Agent’s aggregate amount of all agreements with the City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Escrow Agent and the City Contracting Department to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Internal Escrow Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, the Bank agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor the Bank shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor any of the Bank chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Bank is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part subsection (a) above. c. Contractor’s (c) The failure by the Bank to comply with the HCAO shall constitute a material breach of this agreementAgreement. City The Commission shall notify Contractor the Authorized Officer of such party if such a breach has occurred. If, within 30 days after receiving CityCommission’s written notice of a breach of this Agreement for violating the HCAO, Contractor the Bank fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor the Bank fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the Commission shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-12Q.5(f)(1- 6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe Commission. d. (d) Any Subcontract entered into by Contractor either the Bank shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor The Bank shall notify the City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor The Bank shall be responsible for its Subcontractors’ compliance with this ChapterSection. If a Subcontractor fails to comply, the City Commission may pursue the remedies set forth in this Section against Contractor the Bank based on the Subcontractor’s failure to comply, provided that City the Commission has first provided Contractor the Bank with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) The Bank shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying the Commission or the City with regard to Contractor’s the noncompliance or anticipated noncompliance by the Bank with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) The Bank represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) The Bank shall keep itself informed of the current requirements of the HCAO. (h) The Bank shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) The Bank shall provide reports to the City Commission in accordance with any reporting standards promulgated by the City or the Commission under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) The Bank shall provide City the Commission with access to records pertaining to compliance with HCAO after receiving a written request from City the Commission to do so and being provided at least ten business days to respond. k. Contractor (k) The Bank shall allow City the Commission to inspect Contractor’s the its job sites and have access to Contractor’s the its employees in order to monitor and determine compliance with HCAO. l. City (l) The Commission may conduct random audits of Contractor the Bank to ascertain its compliance with HCAO. Contractor The Bank agrees to cooperate with City the Commission when it conducts such audits. m. (m) If Contractor the Bank is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor such party later enters into an agreement or agreements that cause Contractor’s the aggregate amount of all agreements with the City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor the Bank and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/oca/lwlh.htm. Capitalized terms used in this Section and not defined in this Agreement agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City Authority shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s Authority's written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City Authority shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to CityAuthority. d. Any Subcontract entered into by Contractor shall require the Subcontractor sub Contractors to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration Authority when it enters into such a Subcontract subcontract and shall certify to the Office of Contract Administration Authority that it has notified the Subcontractor sub Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor sub Contractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ sub Contractors' compliance with this Chapter. If a Subcontractor sub Contractor fails to comply, the City Authority may pursue the remedies set forth in this Section against Contractor based on the Subcontractorsub Contractor’s failure to comply, provided that City Authority has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City Authority with regard to Contractor’s noncompliance 's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. h. Contractor shall provide reports to the City Authority in accordance with any reporting standards promulgated by the City Authority under the HCAO, including reports on Subcontractors sub Contractors and Subtenants, as applicable. j. i. Contractor shall provide City Authority with access to records pertaining to compliance with HCAO after receiving a written request from City Authority to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City j. Authority may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City Authority when it conducts such audits. m. k. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s 's aggregate amount of all agreements with City Authority to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City Authority to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Public Relations Support & Community Outreach Professional Services Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission.... b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration the SFMTA when it enters into such a Subcontract and shall certify to the Office of Contract Administration SFMTA that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. . . Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contractcontract. If Contractor fails to do so, it shall be presumed that any employee who has worked on the contract is a Covered Employee. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Transportation Quality Review Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Licensee agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 12Q.3(d) of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Licensee meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e) 12Q.3 of the HCAO, it shall have no obligation to comply with part (aSection 21.2(a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the (d) Any Sublicense or Contract regarding services to be performed on the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract License Area entered into by Contractor Licensee shall require the Subcontractor Sublicensee or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Licensee shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublicense or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Sublicensee or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Sublicensee or Contractor through the Subcontractwritten agreement with such Sublicensee or Contractor. Each Contractor Licensee shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Sublicensee, Contractor and Subcontractor performing services on the License Area. If a any Sublicensee, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Licensee based on the Sublicensee's, Contractor's, or Subcontractor’s 's failure to comply, provided that City OLSE has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Licensee shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors Sublicensees, Contractors, and Subtenants, as applicableSubcontractors. j. Contractor (i) Within ten (10) business days of any request, Licensee shall provide the City with access to pertinent records pertaining relating to any Licensee's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOLicensee at any time during the Term. Contractor Licensee agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: License Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to (a) Unless exempt, Tenant will comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same they may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated into this Lease by reference and made a part of this Agreement Lease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall Lease have the meanings assigned to such those terms in Chapter 12Q. a. (b) For each Covered Employee, Contractor shall Tenant will provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such the health plan shall must meet the minimum standards set forth by the San Francisco Health Commission. b. (c) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall will have no obligation to comply with part subsection (a) above. c. Contractor(d) Xxxxxx’s failure to comply with the HCAO shall will constitute a material breach of this agreementLease. City shall may notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such the breach or, if such the breach cannot reasonably be cured within such period of 30 daysthe thirty (30) days period, Contractor and Xxxxxx fails to commence efforts to cure within such that period, or thereafter fails diligently to pursue such the cure to completion, then City shall will have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall will be exercisable individually or in combination with any other rights or remedies available to City. d. (e) Any Subcontract entered into by Contractor shall Tenant will require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall Tenant will notify City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract and shall will certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall Tenant will be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor shall (f) Tenant may not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractorregarding Tenant’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall (h) Tenant will keep itself informed of the current requirements of the HCAO. i. Contractor shall (i) Tenant will provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall (j) Tenant will provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.five

Appears in 1 contract

Samples: Office Lease

Requiring Health Benefits for Covered Employees. Unless exempt, Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/oca/lwlh.htm. Capitalized terms used in this Section and not defined in this Agreement agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s 's Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance 's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. h. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. i. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. j. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. k. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s 's aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Consulting Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. . If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Equipment Maintenance Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration 's Purchasing Division when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Division that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s 's noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. h. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. i. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. j. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. k. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s 's aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Software Development Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, Management Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Employee Management Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission12Q.3. b. (b) Notwithstanding the above, if Management Contractor meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s (c) Management Contractor understands and agrees that the failure to comply with the requirements of the HCAO shall constitute a material breach by Management Contractor of this agreement. City shall notify Contractor if such a breach has occurred. Agreement (d) If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Management Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such 30-day period of 30 days, Management Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Nonexclusive Management Agreement

Requiring Health Benefits for Covered Employees. Contractor Xxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Tenant if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorXxxxxx’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) Tenant shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Tenant shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) Tenant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor (k) Tenant shall allow City to inspect ContractorTenant’s job sites premises and have access to ContractorTenant’s employees in order to monitor and determine compliance with HCAO. l. (l) City may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor Xxxxxx agrees to cooperate with City when it conducts such audits. m. (m) If Contractor Tenant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 25,000.00 ($50,000 50,000.00 for nonprofits), but Contractor Tenant later enters into an agreement or agreements that cause ContractorTenant’s aggregate amount of all agreements with City to reach $75,00075,000.00, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City to be equal to or greater than $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Licensee agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement the Master License as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall the Master License have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Licensee chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Licensee is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor(c) Licensee’s failure to comply with the HCAO shall constitute a material breach of this agreementthe Master License. City shall must notify Contractor Licensee if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement the Master License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Licensee shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall Licensee must notify City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Licensee shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Licensee based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor shall (e) Licensee must not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorLicensee’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO. i. Contractor (h) Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and SubtenantsSublicenses, as applicable. j. Contractor (i) Licensee shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (j) City may conduct random audits of Contractor Licensee to ascertain its compliance with HCAO. Contractor Licensee agrees to cooperate with City when it conducts such audits. m. (k) If Contractor Licensee is exempt from the HCAO when this Agreement the Master License is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Licensee later enters into an agreement or agreements that cause ContractorLicensee’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date Commencement Date of the any license or other agreement that causes the cumulative amount of agreements between Contractor Licensee and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Master License for Concrete Poles

Requiring Health Benefits for Covered Employees. Management Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Management Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Management Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Management Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. (c) Management Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Management Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Management Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Management Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Management Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Management Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Management Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation.to e. (e) Management Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Management Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. (f) Management Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. (g) Management Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. (h) Management Contractor shall keep itself informed of the current requirements of the HCAO. i. (i) Management Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and SubtenantsSubManagement Contractors, as applicable. j. (j) Management Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. (k) Management Contractor shall allow City to inspect Management Contractor’s job sites and have access to Management Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. (l) If Management Contractor is exempt from the HCAO when this Agreement Second Amendment is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Management Contractor later enters into an agreement or agreements that cause Management Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Management Contractor and the City to be equal to or greater than $75,000 in the fiscal year."

Appears in 1 contract

Samples: Nonexclusive Management Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxathttp://xxx.xxxxx.xxx/xxx/xxxx.xxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. A. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. B. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. C. Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. D. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration 's Purchasing Division when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Division that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation.Section e. E. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s 's noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. F. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. G. Contractor shall keep itself informed of the current requirements of the HCAO. i. H. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. I. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. J. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. K. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s 's aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Software Development and Professional Services Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to (a) Unless exempt, Tenant will comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same they may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated into this Agreement by reference and made a part of this Agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such those terms in Chapter 12Q. a. (b) For each Covered Employee, Contractor shall Tenant will provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such the health plan shall must meet the minimum standards set forth by the San Francisco Health Commission. b. (c) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall will have no obligation to comply with part subsection (a) above. c. Contractor(d) Tenant’s failure to comply with the HCAO shall will constitute a material breach of this agreementAgreement. City shall may notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Xxxxxx fails to cure such the breach or, if such the breach cannot reasonably be cured within such period of 30 daysthe thirty (30) days period, Contractor and Tenant fails to commence efforts to cure within such that period, or thereafter fails diligently to pursue such the cure to completion, then City shall will have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall will be exercisable individually or in combination with any other rights or remedies available to City. d. (e) Any Subcontract entered into by Contractor shall Tenant will require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City set (f) Tenant may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractorregarding Tenant’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall (h) Tenant will keep itself informed of the current requirements of the HCAO. i. Contractor shall (i) Tenant will provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall (j) Tenant will provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (k) City may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor agrees to Tenant will cooperate with City when it conducts such the audits. m. (l) If Contractor Tenant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 Fifty Thousand Dollars ($50,000 for nonprofits50,000), but Contractor Tenant later enters into an agreement or agreements that cause ContractorTenant’s aggregate amount of all agreements with City to reach Seventy-Five Thousand Dollars ($75,000), then all the agreements shall will be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City Contracting Department to be equal to or greater than Seventy-Five Thousand Dollars ($75,000 75,000) in the fiscal year.

Appears in 1 contract

Samples: Lease and Property Management Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section Section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. (c) Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City.after d. (d) Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Sectionsection. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. Chapter 12Q. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. (e) Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means.anticipated f. (f) Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. (g) Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. (h) Contractor shall keep itself informed of the current requirements of the HCAO. i. (i) Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. (j) Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. (k) Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (l) City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. (m) If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.or

Appears in 1 contract

Samples: Landfill Disposal Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Developer agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall will have the meanings assigned to such terms them in Chapter 12Q. a. chapter 12Q. For each Covered Employee, Contractor Developer shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Developer chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Board. Notwithstanding the above, if the Contractor Developer is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part subsection (a) above. c. Contractor’s . Developer's failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City shall notify Contractor Developer if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor Developer fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Developer fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. . Any Subcontract entered into by Contractor Developer shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Developer shall notify City’s Office of Contract Administration 's Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Developer shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Developer based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Developer with notice and an opportunity to obtain a cure of the violation. e. Contractor . Developer shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance Developer's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor . Developer represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor . Developer shall keep itself informed of the current requirements of the HCAO. i. Contractor . Developer shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor . Developer shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. . City may conduct random audits of Contractor Developer to ascertain its compliance with HCAO. Contractor Developer agrees to cooperate with City when it conducts such audits. m. . If Contractor Developer is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 Twenty-Five Thousand Dollars ($50,000 for nonprofits25,000), but Contractor Developer later enters into an agreement or agreements that cause Contractor’s Developer's aggregate amount of all agreements with City to reach Seventy-Five Thousand Dollars ($75,000), all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Developer and the City Contracting Department to be equal to or greater than Seventy-Five Thousand Dollars ($75,000 75,000) in the fiscal year.

Appears in 1 contract

Samples: Exclusive Negotiation Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s Contractor‟s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s City‟s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s City‟s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ Subcontractors‟ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s Subcontractor‟s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s Contractor‟s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s Contractor‟s job sites and have access to Contractor’s Contractor‟s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s Contractor‟s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Parking Management Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/oca/lwlh.htm. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration 's Purchasing Division when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Division that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s 's noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. h. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. i. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. j. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. k. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s 's aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Software Development Agreement

Requiring Health Benefits for Covered Employees. Contractor Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s (c) Tenant‟s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Tenant if such a breach has occurred. If, within 30 days after receiving City’s City‟s written notice of a breach of this Agreement for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s City‟s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors’ Subcontractors‟ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s Subcontractor‟s failure to comply, provided that City has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s Tenant‟s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) Tenant shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Tenant shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) Tenant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor (k) Tenant shall allow City to inspect Contractor’s job sites Tenant‟s premises and have access to Contractor’s Tenant‟s employees in order to monitor and determine compliance with HCAO. l. (l) City may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. (a) If Contractor Tenant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Tenant later enters into an agreement or agreements that cause Contractor’s Tenant‟s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor A. Unless exempt, Xxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxxxx.xxx/index.aspx?page=391. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. B. For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. C. Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (aA) above. c. ContractorX. Xxxxxx’s failure to comply with the HCAO shall constitute a material breach of this agreementLease. City shall notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Sections 12Q.5.1, 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. E. Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor F. Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorTenant’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor G. Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor X. Xxxxxx shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor I. Tenant shall keep itself informed of the current requirements of the HCAO. i. Contractor X. Xxxxxx shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor X. Xxxxxx shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten (10) business days to respond. k. Contractor L. Tenant shall allow City to inspect ContractorTenant’s job sites Premises and to have access to ContractorTenant’s employees in order to monitor and determine compliance with HCAO. l. M. City may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor Xxxxxx agrees to cooperate with City when it conducts such audits. m. N. If Contractor Tenant is exempt from the HCAO when this Agreement Lease is executed because its amount is less than $25,000 twenty-five thousand dollars ($50,000 for nonprofits25,000), but Contractor Tenant later enters into an agreement or agreements that cause ContractorTenant’s aggregate amount of all agreements with City to reach seventy-five thousand dollars ($75,000), all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City Contracting Department to be equal to or greater than seventy-five thousand dollars ($75,000 75,000) in the fiscal yearFiscal Year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, the Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web Web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 12Q. For each Covered Employee, the Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If the Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. . Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. . The Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City The TJPA shall notify the Contractor if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s the TJPA's written notice of a breach of this Agreement for violating the HCAO, the Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, the Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the TJPA shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. the TJPA. Any Subcontract entered into by the Contractor shall require the Subcontractor subcontractors to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. The Contractor shall notify City’s Office of Contract Administration the TJPA when it enters into such a Subcontract subcontract and shall certify to the Office of Contract Administration TJPA that it has notified the Subcontractor subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ subcontractors' compliance with this Chapter. If a Subcontractor subcontractor fails to comply, the City TJPA may pursue the remedies set forth in this Section against Contractor based on the Subcontractorsubcontractor’s failure to comply, provided that City XXXX has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. . The Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City the TJPA with regard to Contractor’s noncompliance 's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. . The Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. . The Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. TJPA agreement. The Contractor shall keep itself informed of the current requirements of the HCAO. i. . The Contractor shall provide reports to the City TJPA in accordance with any reporting standards promulgated by the City TJPA under the HCAO, including reports on Subcontractors subcontractors and Subtenantssubtenants, as applicable. j. . The Contractor shall provide City the TJPA with access to records pertaining to compliance with HCAO after receiving a written request from City the TJPA to do so and being provided at least ten five (5) business days to respond. k. . The Contractor shall allow City the TJPA to inspect the Contractor’s job sites and have access to the Contractor’s employees in order to monitor and determine compliance with HCAO. l. City . The TJPA may conduct random audits of the Contractor to ascertain its compliance with HCAO. The Contractor agrees to cooperate with City the TJPA when it conducts such audits. m. . If the Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but the Contractor later enters into an agreement or agreements that cause the Contractor’s 's aggregate amount of all agreements with City TJPA to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and the City TJPA to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/site/olse_index.asp. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate applicable health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a small business business” as defined described in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the requirements of the HCAO shall constitute a material breach by Tenant of this agreement. City shall notify Contractor if such a breach has occurredLease. If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO by each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subtenant’s, Contractor’s, or Subcontractor’s failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within five (5) business days after any request by City, Tenant shall provide City with access to pertinent records pertaining relating to any Tenant’s compliance with HCAO after receiving a written request from the HCAO. In addition, City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the term of this Lease. Contractor Xxxxxx agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement License as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement Master License shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Licensee chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Licensee is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor’s (c) Licensee's failure to comply with the HCAO shall constitute a material breach of this agreementMaster License. City shall notify Contractor Licensee if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s 's written notice of a breach of this Agreement Master License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f)(1- 5). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Licensee shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Licensee shall notify City’s Office of Contract Administration 's Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Licensee shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Licensee based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Licensee shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance Licensee's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO. i. Contractor (h) Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (i) Licensee shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (j) City may conduct random audits of Contractor Licensee to ascertain its compliance with HCAO. Contractor Licensee agrees to cooperate with City when it conducts such audits. m. (k) If Contractor Licensee is exempt from the HCAO when this Agreement Master License is executed because its amount is less than $25,000 Twenty-Five Thousand Dollars ($50,000 25,000) [Fifty Thousand Dollars ($50,000) for nonprofits)], but Contractor Licensee later enters into an agreement or agreements that cause Contractor’s Licensee's aggregate amount of all agreements with City to reach Seventy-Five Thousand Dollars ($75,000), all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date Commencement Date of the any license or other agreement that causes the cumulative amount of agreements between Contractor Licensee and the City to be equal to or greater than Seventy-Five Thousand Dollars ($75,000 75,000) in the fiscal year.

Appears in 1 contract

Samples: Master Outdoor Distributed Antenna System Pole License Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 22.1. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. 22.2. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. 22.3. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days Days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. 22.4. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. 22.5. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. 22.6. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. 22.7. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. 22.8. Contractor shall keep itself informed of the current requirements of the HCAO. i. 22.9. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. 22.10. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. 22.11. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. 22.12. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. 22.13. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Advertising Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 12Q.3(d) of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Licensee meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e) 12Q.3 of the HCAO, it shall have no obligation to comply with part (aSection 21.2(a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublicense or Contract regarding services to be performed on the License Area entered into by Contractor Licensee shall require the Subcontractor Sublicensee or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Licensee shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublicense or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Sublicensee or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Sublicensee or Contractor through the Subcontractwritten agreement with such Sublicensee or Contractor. Each Contractor Licensee shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Sublicensee, Contractor and Subcontractor performing services on the License Area. If a any Sublicensee, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Licensee based on the Sublicensee's, Contractor's, or Subcontractor’s 's failure to comply, provided that City OLSE has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Licensee shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors Sublicensees, Contractors, and Subtenants, as applicableSubcontractors. j. Contractor (i) Within ten (10) business days of any request, Licensee shall provide the City with access to pertinent records pertaining relating to any Licensee's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOLicensee at any time during the Term. Contractor Licensee agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.more agreements

Appears in 1 contract

Samples: License to Use Property

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Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section 27.5 and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Developer shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Developer meets the Contractor is requirements of a small business as defined in business” by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 27.8(a) above. c. Contractor’s (c) Developer understands and agrees that the failure to comply with the requirements of the HCAO shall constitute a material breach by Developer of this agreement. City shall notify Contractor if such a breach has occurred. Agreement. (d) If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Developer fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Developer fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe City and the Authority. d. (e) Any Subcontract sublease or contract regarding services to be performed on the Project Site entered into by Contractor Developer shall require the Subcontractor subtenant or contractor and subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Developer shall notify the City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract sublease or contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor subtenant or contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the subtenant or contractor through the Subcontractwritten agreement with such subtenant or contractor. Each Contractor Developer shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each subtenant, contractor and subcontractor performing services on the Project Site. If a Subcontractor any subtenant, contractor or subcontractor fails to comply, the City or the Authority may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Developer based on the Subcontractorsubtenant’s, contractor’s, or subcontractor’s failure to comply, provided that City the Authority has first provided Contractor Developer with notice and an opportunity to obtain a cure of the violation. e. Contractor (f) Developer shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Developer represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Developer shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor i) Upon request, Developer shall provide reports to the City and the Authority in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors subtenants, contractors, and Subtenants, as applicablesubcontractors. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Disposition and Development Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 28.2(a) above. c. Contractor’s (c) Tenant understands and agrees that the failure to comply with the requirements of the HCAO shall constitute a material breach by Tenant of this agreement. City shall notify Contractor if such a breach has occurred. Lease. (d) If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (e) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Tenant shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Tenant based on the Subtenant's, Contractor's, or Subcontractor’s 's failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (f) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (i) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (j) Within five (5) business days of any request, Tenant shall provide the City with access to pertinent records pertaining relating to any Tenant's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the Term. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (k) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Consultant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor Consultant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Consultant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor Consultant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. ContractorConsultant’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Consultant if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Consultant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Consultant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor Consultant shall require the Subcontractor SubConsultant to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Consultant shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor SubConsultant of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor SubConsultant through the Subcontract. Each Contractor Consultant shall be responsible for its SubcontractorsSubConsultants’ compliance with this Chapter. If a Subcontractor SubConsultant fails to comply, the City may pursue the remedies set forth in this Section against Contractor Consultant based on the SubcontractorSubConsultant’s failure to comply, provided that City has first provided Contractor Consultant with notice and an opportunity to obtain a cure of the violation. e. Contractor Consultant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorConsultant’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor Consultant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor Consultant shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor Consultant shall keep itself informed of the current requirements of the HCAO. i. Contractor Consultant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors SubConsultants and Subtenants, as applicable. j. Contractor Consultant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor Consultant shall allow City to inspect ContractorConsultant’s job sites and have access to ContractorConsultant’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor Consultant to ascertain its compliance with HCAO. Contractor Consultant agrees to cooperate with City when it conducts such audits. m. If Contractor Consultant is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Consultant later enters into an agreement or agreements that cause ContractorConsultant’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Consultant and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Professional Services Agreement

Requiring Health Benefits for Covered Employees. Contractor The Bank agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor the Bank shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor the Bank chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Bank is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) The Bank’s failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. The City shall notify Contractor the Bank if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor the Bank fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor the Bank fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract entered into by Contractor the Bank shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor The Bank shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor The Bank shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor the Bank based on the Subcontractor’s failure to comply, provided that the City has first provided Contractor the Bank with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) The Bank shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying the City with regard to Contractorthe Bank’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) The Bank represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) The Bank shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) The Bank shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) The Bank shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) The Bank shall provide the City with access to records pertaining to compliance with HCAO after receiving a written request from the City to do so and being provided at least ten business days to respond. k. Contractor (k) The Bank shall allow the City to inspect Contractorthe Bank’s job sites and have access to Contractorthe Bank’s employees in order to monitor and determine compliance with HCAO. l. (l) The City may conduct random audits of Contractor the Bank to ascertain its compliance with HCAO. Contractor The Bank agrees to cooperate with the City when it conducts such audits. m. (m) If Contractor the Bank is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor the Bank later enters into an agreement or agreements that cause Contractoreither Bank’s aggregate amount of all agreements with the City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor the Bank and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Subtenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Sublease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxx.xxx.xx.xx.xx/XXXxx/Xxxxxxxxxxx/0000Xxx/XXXxx000000.xxxxx. Capitalized terms used in this Section and not defined in this Agreement Sublease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Subtenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Subtenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Subtenant is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor’s (c) Subtenant's failure to comply with the HCAO shall constitute a material breach of this agreementSublease. City shall notify Contractor Subtenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s written 's notice of a breach of this Agreement Sublease for violating the HCAO, Contractor Subtenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Subtenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Subtenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Subtenant shall notify City’s Office of Contract Administration 's Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Subtenant shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Subtenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Subtenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Subtenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance Subtenant's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Subtenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Subtenant shall keep itself informed of the current requirements of the HCAO. i. Contractor (h) Subtenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenantssub-subtenants, as applicable. j. Contractor (i) Subtenant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. (j) City may conduct random audits of Contractor Subtenant to ascertain its compliance with HCAO. Contractor Subtenant agrees to cooperate with City when it conducts such audits. m. (k) If Contractor Subtenant is exempt from the HCAO when this Agreement Sublease is executed because its amount is less than $25,000 Twenty-Five Thousand Dollars ($50,000 25,000) [Fifty Thousand Dollars ($50,000) for nonprofits)], but Contractor Subtenant later enters into an agreement or agreements that cause Contractor’s Subtenant's aggregate amount of all agreements with City to reach Seventy-Five Thousand Dollars ($75,000), all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Subtenant and the City Contracting Department to be equal to or greater than Seventy-Five Thousand Dollars ($75,000 75,000) in the fiscal year.

Appears in 1 contract

Samples: Sublease Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Professional Services

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section 27.5 and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Developer shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Developer meets the Contractor is requirements of a small business as defined in business” by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 27.8(a) above. c. Contractor’s (c) Developer understands and agrees that the failure to comply with the requirements of the HCAO shall constitute a material breach by Developer of this agreement. City shall notify Contractor if such a breach has occurred. Agreement. (d) If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Developer fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Developer fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe City and the Authority. d. (e) Any Subcontract sublease or contract regarding services to be performed on the Project Site entered into by Contractor Developer shall require the Subcontractor subtenant or contractor and subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Developer shall notify the City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract sublease or contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor subtenant or contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the subtenant or contractor through the Subcontractwritten agreement with such subtenant or contractor. Each Contractor Developer shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each subtenant, contractor and subcontractor performing services on the Project Site. If a Subcontractor any subtenant, contractor or subcontractor fails to comply, the City or the Authority may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Developer based on the Subcontractorsubtenant’s, contractor’s, or subcontractor’s failure to comply, provided that City the Authority has first provided Contractor Developer with notice and an opportunity to obtain a cure of the violation. e. Contractor (f) Developer shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Developer represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Developer shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (i) Upon request, Developer shall provide reports to the City and the Authority in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors subtenants, contractors, and Subtenants, as applicablesubcontractors. j. Contractor (j) Within five (5) business days of any request, Developer shall provide the City and the Authority with access to pertinent records pertaining relating to any Developer’s compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAODeveloper at any time during the Term. Contractor Xxxxxxxxx agrees to cooperate with City when it conducts and the Authority in connection with any such auditsaudit. m. (k) If Contractor a contractor or subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such contractor or subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but Contractor such contractor or subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause Contractorthe payments to such contractor or subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the contractor’s aggregate amount of all agreements or subcontractor’s contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: Disposition and Development Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Corporation agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section Section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Corporation shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Corporation chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Corporation is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s (c) Corporation's failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor Corporation if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor Corporation fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Corporation fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Corporation shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Corporation shall notify City’s 's Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Corporation shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Corporation based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Corporation with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Corporation shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s Corporation's noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Corporation represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) Corporation shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Corporation shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) Corporation shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) Corporation shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten five business days to respond. k. Contractor (k) Corporation shall allow City to inspect ContractorCorporation’s job sites and have access to ContractorCorporation’s employees in order to monitor and determine compliance with HCAO. l. (l) City may conduct random audits of Contractor Corporation to ascertain its compliance with HCAO. Contractor Corporation agrees to cooperate with City when it conducts such audits. m. (m) If Contractor Corporation is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor Corporation later enters into an agreement or agreements that cause Contractor’s Corporation's aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Corporation and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Administration Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 28.2(a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Tenant shall notify City’s the Office of Contract Administration when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Tenant based on the Subtenant's, Contractor's, or Subcontractor’s 's failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within ten (10) business days of any request, Tenant shall provide the City with access to pertinent records pertaining relating to any Tenant's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the Term. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause Contractor’s aggregate amount of the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.Contractor's or

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement License as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section and not defined in this Agreement License shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Licensee meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 36.7(a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such 30-day period of 30 days, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublicense or Contract regarding services to be performed on the License Area entered into by Contractor Licensee shall require the Subcontractor Sublicensee or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Licensee shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublicense or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Sublicensee or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Sublicensee or Contractor through the Subcontractwritten agreement with such Sublicensee or Contractor. Each Contractor Licensee shall be responsible for its Subcontractors’ ensuring compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation.HCAO for each e. Contractor (e) Licensee shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors Sublicensees, Contractors, and Subtenants, as applicableSubcontractors. j. Contractor (i) Within five (5) business days of any request, Licensee shall provide the City with access to pertinent records pertaining relating to any Licensee's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its Agents may conduct random audits of Contractor to ascertain its compliance with HCAOLicensee at any time during the Term. Contractor Licensee agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: Non Exclusive License to Use Property

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e12Q.3 (e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(112Q.5 (f) (1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Software Development Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, the Bank agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/oca/lwlh.htm. Capitalized terms used in this Section paragraph and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (i) For each Covered Employee, Contractor the Bank shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor the Bank chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (ii) Notwithstanding the above, if the Contractor Bank is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part subparagraph (ai) above. c. Contractor’s (iii) The failure by the Bank to comply with the HCAO shall constitute a material breach by such party of this agreementAgreement. City The Commission shall notify Contractor the Authorized Officer of such party if such a breach has occurred. If, within 30 days after receiving Citythe Commission’s written notice of a breach of this Agreement for violating the HCAO, Contractor the Bank fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor the Bank fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the Commission shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe Commission. d. (iv) Any Subcontract entered into by Contractor the Bank shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Sectionparagraph. Contractor The Bank shall notify the City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the City’s Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor The Bank shall be responsible for its Subcontractors’ compliance with this Chapterthe HCAO. If a Subcontractor fails to comply, the City Commission may pursue the remedies set forth in this Section paragraph against Contractor the Bank based on the Subcontractor’s failure to comply, provided provided, that City the Commission has first provided Contractor the Bank with notice and an opportunity to obtain a cure of the violation. e. Contractor (v) The Bank shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying the Commission or the City with regard to Contractor’s noncompliance the compliance or anticipated noncompliance compliance by the Bank with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (vi) The Bank represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (vii) The Bank shall keep itself informed of the current requirements of the HCAO. i. Contractor (viii) The Bank shall provide reports to the City Commission in accordance with any reporting standards promulgated by the City Commission under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (ix) The Bank shall provide City Commission with access to records pertaining to compliance with HCAO after receiving a written request from City Commission to do so and being provided at least ten five business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City (x) The Commission may conduct random audits of Contractor the Bank to ascertain its compliance with HCAO. Contractor The Bank agrees to cooperate with City Commission when it conducts such audits. m. (xi) If Contractor the Bank is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor such party later enters into an agreement or agreements that cause Contractor’s the aggregate amount of all agreements by such party with City Commission to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor the Bank and the City Commission to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Standby Bond Purchase Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor’s (c) Tenant's failure to comply with the HCAO shall constitute a material breach of this agreementLease. City Landlord shall notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s 's written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City Landlord shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to CityLandlord. d. (d) Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration 's Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City Landlord may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City Landlord has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City Landlord with regard to Contractor’s noncompliance Tenant's compliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means.compliance f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO. i. Contractor (h) Tenant shall provide reports to the City Landlord in accordance with any reporting standards promulgated by the City Landlord under the HCAO, including reports on Subcontractors and SubtenantsTenants, as applicable. j. Contractor (i) Tenant shall provide City Landlord with access to records pertaining to compliance with the HCAO after receiving a written request from City Landlord to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.five

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Developer agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section 27.5 and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Developer shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Developer meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 27.8(a) above. c. Contractor’s (c) Developer understands and agrees that the failure to comply with the requirements of the HCAO shall constitute a material breach by Developer of this agreement. City shall notify Contractor if such a breach has occurred. Agreement. (d) If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Developer fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Developer fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe City and the Authority. d. (e) Any Subcontract sublease or contract regarding services to be performed on the Project Site entered into by Contractor Developer shall require the Subcontractor subtenant or contractor and subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Developer shall notify the City’s Office of Contract Administration 's Purchasing Department when it enters into such a Subcontract sublease or contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor subtenant or contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the subtenant or contractor through the Subcontractwritten agreement with such subtenant or contractor. Each Contractor Developer shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each subtenant, contractor and subcontractor performing services on the Project Site. If a Subcontractor any subtenant, contractor or subcontractor fails to comply, the City or the Authority may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Developer based on the Subcontractor’s subtenant's, contractor's, or subcontractor's failure to comply, provided that City the Authority has first provided Contractor Developer with notice and an opportunity to obtain a cure of the violation. e. Contractor (f) Developer shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Developer represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Developer shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (i) Upon request, Developer shall provide reports to the City and the Authority in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors subtenants, contractors, and Subtenants, as applicablesubcontractors. j. Contractor (j) Within five (5) business days of any request, Developer shall provide the City and the Authority with access to pertinent records pertaining relating to any Developer's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAODeveloper at any time during the Term. Contractor Developer agrees to cooperate with City when it conducts and the Authority in connection with any such auditsaudit. m. (k) If Contractor a contractor or subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such contractor or subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but Contractor such contractor or subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause Contractor’s aggregate amount the payments to such contractor or subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of all agreements the contractor's or subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: General Agreement for Consulting Services

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. A. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. B. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. C. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. D. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. E. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. F. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. G. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. H. Contractor shall keep itself informed of the current requirements of the HCAO. i. I. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. J. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. K. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. L. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. M. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Contract Proposal

Requiring Health Benefits for Covered Employees. Contractor The Owner agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section Section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Regulatory Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Regulatory Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (i) For each Covered Employee, Contractor the Owner shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor the Owner chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (ii) Notwithstanding the above, if the Contractor Owner is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(iii) The Owner’s failure to comply with the HCAO shall constitute a material breach of this agreementRegulatory Agreement. The City shall notify Contractor the Owner if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Regulatory Agreement for violating the HCAO, Contractor the Owner fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor the Owner fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (iv) Any Subcontract entered into by Contractor the Owner shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor The Owner shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor The Owner shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor the Owner based on the Subcontractor’s failure to comply, provided that the City has first provided Contractor the Owner with notice and an opportunity to obtain a cure of the violation. e. Contractor (v) The Owner shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying the City or the City with regard to Contractorthe Owner’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (vi) The Owner represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (vii) The Owner shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City ContractRegulatory Agreement. h. Contractor (viii) The Owner shall keep itself informed of the current requirements of the HCAO. i. Contractor (ix) The Owner shall provide reports to the City in accordance with any reporting standards promulgated by the City or the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (x) The Owner shall provide the City with access to records pertaining to compliance with HCAO after receiving a written request from the City to do so and being provided at least ten business days to respond. k. Contractor (xi) The Owner shall allow the City to inspect Contractorthe Owner’s job sites and have access to Contractorthe Owner’s employees in order to monitor and determine compliance with HCAO. l. (xii) The City may conduct random audits of Contractor the Owner to ascertain its compliance with HCAO. Contractor The Owner agrees to cooperate with the City when it conducts such audits. m. (xiii) If Contractor the Owner is exempt from the HCAO when this Regulatory Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor the Owner later enters into an agreement or agreements that cause Contractorthe Owner’s aggregate amount of all agreements with the City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor the Owner and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor’s (c) Tenant's failure to comply with the HCAO shall constitute a material breach of this agreementLease. City Authority shall notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s Authority's written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City Authority shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to CityAuthority. d. (d) Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration Authority when it enters into such a Subcontract and shall certify to the Office of Contract Administration Authority that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City Authority may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City Authority has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City Authority with regard to Contractor’s noncompliance Tenant's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO.the i. Contractor (h) Tenant shall provide reports to the City Authority in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable.any j. Contractor (i) Tenant shall provide City Authority with access to records pertaining to compliance with HCAO after receiving a written request from City Authority to do so and being provided at least ten five (5) business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City (j) Authority may conduct random audits of Contractor Tenant to ascertain its compliance with HCAO. Contractor Tenant agrees to cooperate with City Authority when it conducts such audits. m. (k) If Contractor Tenant is exempt from the HCAO when this Agreement Lease is executed because its amount is less than $25,000 Twenty-Five Thousand Dollars ($50,000 for nonprofits25,000), but Contractor Tenant later enters into an agreement or agreements that cause Contractor’s Tenant's aggregate amount of all agreements with City Authority to reach Seventy-Five Thousand Dollars ($75,000), all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Tenant and the City Contracting Department to be equal to or greater than Seventy-Five Thousand Dollars ($75,000 75,000) in the fiscal year.

Appears in 1 contract

Samples: Communications Site Lease

Requiring Health Benefits for Covered Employees. Contractor Unless the Fiscal Agent is exempt (in which event it shall not be required to comply with Chapter 12Q or this Section 11.29), the Fiscal Agent agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (“Chapter 12Q”), including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor the Fiscal Agent shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor the Fiscal Agent chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Fiscal Agent is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) The Fiscal Agent’s failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City shall notify Contractor Fiscal Agent if such a breach has occurred. If, within 30 thirty days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Fiscal Agent fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty days, Contractor Fiscal Agent fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract entered into by Contractor the Fiscal Agent shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor The Fiscal Agent shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Fiscal Agent shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor the Fiscal Agent based on the Subcontractor’s failure to comply, provided that the City has first provided Contractor the Fiscal Agent with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) The Fiscal Agent shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying the City with regard to Contractorthe Fiscal Agent’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) The Fiscal Agent represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor (g) The Fiscal Agent shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) The Fiscal Agent shall keep itself informed of the current requirements of the HCAO. i. Contractor (i) The Fiscal Agent shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor (j) The Fiscal Agent shall provide the City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor (k) The Fiscal Agent shall allow the City to inspect ContractorFiscal Agent’s job sites and have access to Contractorthe Fiscal Agent’s employees in order to monitor and determine compliance with HCAO. l. (l) The City may conduct random audits of Contractor the Fiscal Agent to ascertain its compliance with HCAO. Contractor Fiscal Agent agrees to cooperate with City when it conducts such audits. m. (m) If Contractor the Fiscal Agent is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor the Fiscal Agent later enters into an agreement or agreements that cause Contractorthe Fiscal Agent’s aggregate amount of all agreements with the City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor the Fiscal Agent and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Fiscal Agent Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Licensee agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 12Q.3(d) of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Licensee meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e) 12Q.3 of the HCAO, it shall have no obligation to comply with part (aSection 21.2(a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublicense or Contract regarding services to be performed on the License Area entered into by Contractor Licensee shall require the Subcontractor Sublicensee or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Licensee shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublicense or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Sublicensee or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Sublicensee or Contractor through the Subcontractwritten agreement with such Sublicensee or Contractor. Each Contractor Licensee shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Sublicensee, Contractor and Subcontractor performing services on the License Area. If a any Sublicensee, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Licensee based on the Sublicensee's, Contractor's, or Subcontractor’s 's failure to comply, provided that City OLSE has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Licensee shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful Lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors Sublicensees, Contractors, and Subtenants, as applicableSubcontractors. j. Contractor (i) Within ten (10) business days of any request, Licensee shall provide the City with access to pertinent records pertaining relating to any Licensee's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOLicensee at any time during the Term. Contractor Licensee agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: License Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including inciuding the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO HCA O is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAOHCAO . If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAOHCAO , it shall have no obligation to comply with part (a) above. c. Contractor’s 's failure to comply with the HCAO HCA O shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAOHCAO , Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO HCA O and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s 's Office of Contract Administration when it enters P-500 (5-10) (5/10} of 26 CS-235 into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO HCA O and has imposed the requirements of the HCAO HCA O on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s 's failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s 's noncompliance or anticipated noncompliance with the requirements of the HCAOHCAO , for opposing any practice proscribed by the HCAOHCAO , for participating in proceedings related to the HCAOHCAO , or for seeking to assert or enforce any rights under the HCAO HCA O by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAOHCAO . g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAOHCAO . i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAOHCAO , including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Planning & Engineering Services Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Permittee agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Permit as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section and not defined in this Agreement Permit shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Permittee shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission12Q.3. b. (b) Notwithstanding the above, if Permittee meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (aSection 22(l)(i) above. c. Contractor’s (c) Permittee understands and agrees that the failure to comply with the requirements of the HCAO shall constitute a material breach by Permittee of this agreement. City shall notify Contractor if such a breach has occurred. Permit. (d) If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement Permit for violating the HCAO, Contractor Permittee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor 30-day period. Permittee fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (e) Any Subcontract Work Contract regarding services to be performed in, on, or around the Permit Area entered into by Contractor Permittee shall require the Subcontractor Permittee's Agents, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Chapter 12Q. Permittee shall notify City’s Office of Contract Administration the City Purchasing Department when it enters into such a Subcontract Work Contract and shall certify to the Office of Contract Administration City Purchasing Department that it has notified the Subcontractor Permittee's Agents of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor Permittee's Agents through written agreement with the Subcontractapplicable Permittee's Agent. Each Contractor Permittee shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each of Permittee's Agents performing services in, on, or around the Permit Area. If a Subcontractor any of Permittee's Agents fails to comply, the City or City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation.in e. Contractor (f) Permittee shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Permittee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Permittee shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (i) Upon request, Permittee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicablePermittee's Agents. j. Contractor (j) Within five (5) business days of any request, Permittee shall provide the City with access to pertinent records pertaining relating to any Permittee's compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with the HCAO. Contractor agrees to cooperate with City when it conducts such audits.In addition, m. (k) If Contractor a Permittee's Agent is exempt from the HCAO when this Agreement is executed because the amount payable to such Permittee's Agent under all of its amount contracts with the City or relating to City-owned property is less than $25,000 (or $50,000 for nonprofits)) in that fiscal year, but Contractor such Permittee's Agent later enters into an agreement one or more agreements with the City or relating to City-owned property that cause Contractor’s aggregate amount the payments to such Permittee's Agent to equal or exceed $75,000 in that fiscal year, then all of all agreements such Permittee's Agent's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 in the fiscal year.

Appears in 1 contract

Samples: Exclusive Negotiation Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, the Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web Web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, the Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If the Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. The Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City The TJPA shall notify the Contractor if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s the TJPA's written notice of a breach of this Agreement for violating the HCAO, the Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, the Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the TJPA shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe TJPA. d. Any Subcontract subcontract entered into by the Contractor shall require the Subcontractor subcontractors to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. The Contractor shall notify City’s Office of Contract Administration the TJPA when it enters into such a Subcontract subcontract and shall certify to the Office of Contract Administration TJPA that it has notified the Subcontractor subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor subcontractor through the Subcontractsubcontract. Each The Contractor shall be responsible for its Subcontractors’ subcontractors' compliance with this Chapter. If a Subcontractor subcontractor fails to comply, the City TJPA may pursue the remedies set forth in this Section against the Contractor based on the Subcontractorsubcontractor’s failure to comply, provided that City XXXX has first provided the Contractor with notice and an opportunity to obtain a cure of the violation. e. The Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City the TJPA with regard to the Contractor’s noncompliance 's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. The Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. The Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City ContractTJPA Agreement. h. The Contractor shall keep itself informed of the current requirements of the HCAO. i. The Contractor shall provide reports to the City TJPA in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors subcontractors and Subtenantssubtenants, as applicable. j. The Contractor shall provide City the TJPA, or City, with access to records pertaining to compliance with HCAO after receiving a written request from City the TJPA to do so and being provided at least ten five (5) business days to respond. k. The Contractor shall allow City the TJPA, or City, to inspect the Contractor’s job sites and have access to the Contractor’s employees in order to monitor and determine compliance with HCAO. l. City The TJPA, or City, may conduct random audits of the Contractor to ascertain its compliance with HCAO. The Contractor agrees to cooperate with City the TJPA when it conducts such audits. m. If the Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but the Contractor later enters into an agreement or agreements that cause the Contractor’s 's aggregate amount of all agreements with City TJPA to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and the City TJPA to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Professional Services

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, regulations as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission12Q.3. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s (c) Tenant understands and agrees that the failure to comply with the requirements of the HCAO shall constitute a material breach by Tenant of this agreement. City shall notify Contractor if such a breach has occurred. Lease (d) If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such 30- day period of 30 days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (e) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subtenant’s, Contractor’s, or Subcontractor’s failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (f) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (h) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (i) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (j) Within five (5) business days of any request, Tenant shall provide the City with access to pertinent records pertaining relating to any Tenant’s compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the term of this Lease. Contractor Tenant agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (k) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 (or $50,000 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements or Subcontractor’s contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q.). a. (a) For each Covered Employee, Contractor Employee Licensee shall provide the appropriate health benefit set forth in Section 12Q.3 12Q.3(d) of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Licensee meets the Contractor is requirements of a "small business as defined in business" by the City pursuant to Section 12Q.3(e) 12Q.3 of the HCAO, it shall have no obligation to comply with part (aSection 21.2(a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. (c) If, within 30 days after receiving City’s written notice of a breach of this Agreement License for violating the HCAO, Contractor Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Licensee fails to commence efforts to cure within such period, or thereafter fails to diligently to pursue such cure to completion, the City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6Section 12Q.5(f). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. d. (d) Any Subcontract Sublicense or Contract regarding services to be performed on the License Area entered into by Contractor Licensee shall require the Subcontractor Sublicensee or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this SectionChapter 12Q of the Administrative Code. Contractor Licensee shall notify City’s the Office of Contract Administration Labor Standards Enforcement (“OLSE”) when it enters into such a Subcontract Sublicense or Contract and shall certify to the Office of Contract Administration OLSE that it has notified the Subcontractor Sublicensee or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Sublicensee or Contractor through the Subcontractwritten agreement with such Sublicensee or Contractor. Each Contractor Licensee shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO for each Sublicensee, Contractor and Subcontractor performing services on the License Area. If a any Sublicensee, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section 12Q.5 of the Administrative Code against Contractor Licensee based on the Sublicensee's, Contractor's, or Subcontractor’s 's failure to comply, provided that City OLSE has first provided Contractor Licensee with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Licensee shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying the City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Licensee shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Licensee shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors Sublicensees, Contractors, and Subtenants, as applicableSubcontractors. j. Contractor (i) Within ten (10) business days of any request, Licensee shall provide the City with access to pertinent records pertaining relating to any Licensee's compliance with HCAO after receiving a written request from the HCAO. In addition, the City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOLicensee at any time during the Term. Contractor Licensee agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. (j) If a Contractor or Subcontractor is exempt from the HCAO when this Agreement is executed because the amount payable to such Contractor or Subcontractor under all of its amount contracts with the City or relating to City-owned property is less than $25,000 25,000.00 (or $50,000 50,000.00 for nonprofits)) in that fiscal year, but such Contractor or Subcontractor later enters into an agreement one or more agreements with the City or relating to City-owned property that cause the payments to such Contractor or Subcontractor to equal or exceed $75,000.00 in that fiscal year, then all of the Contractor’s aggregate amount of all agreements 's or Subcontractor's contracts with the City and relating to reach $75,000, all the agreements City-owned property shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than exceed $75,000 75,000.00 in the fiscal year.

Appears in 1 contract

Samples: License to Use Property

Requiring Health Benefits for Covered Employees. Contractor agrees to (a) Unless exempt, Xxxxxx will comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Labor and Employment Code Chapter 12QArticle 121, including the remedies provided, and implementing regulations, as the same they may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q Article 121 are incorporated into this Lease by reference and made a part of this Agreement Lease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall Lease have the meanings assigned to such those terms in Chapter 12Q.Article 121. a. (b) For each Covered Employee, Contractor shall Tenant will provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such the health plan shall must meet the minimum standards set forth by the San Francisco Health Commission. b. (c) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e) of the HCAO, it shall will have no obligation to comply with part subsection (a) above. c. Contractor(d) Xxxxxx’s failure to comply with the HCAO shall will constitute a material breach of this agreementLease. City shall may notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such the breach or, if such the breach cannot reasonably be cured within such period of 30 daysthe thirty (30) days period, Contractor and Xxxxxx fails to commence efforts to cure within such that period, or thereafter fails diligently to pursue such the cure to completion, then City shall will have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6)the HCAO. Each of these remedies shall will be exercisable individually or in combination with any other rights or remedies available to City. d. (e) Any Subcontract entered into by Contractor shall Tenant will require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall Tenant will notify City’s Office of Contract Administration Purchasing Department when it enters into such a Subcontract and shall will certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City the (f) Tenant may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractorregarding Tenant’s noncompliance compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (g) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall (h) Tenant will keep itself informed of the current requirements of the HCAO. i. Contractor shall (i) Tenant will provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall (j) Tenant will provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.five

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Contractor Trustee/Depository Bank agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web Internet at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx/xxxx . Capitalized terms used in this Section section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor Trustee/Depository Bank shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Trustee/Depository Bank chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor Trustee/Depository Bank is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. ContractorTrustee/Depository Bank’s failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City shall notify Contractor Trustee/Depository Bank if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor Trustee/Depository Bank fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Trustee/Depository Bank fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor Trustee/Depository Bank shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Sectionsection. Contractor Trustee/Depository Bank shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Trustee/Depository Bank shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section section against Contractor Trustee/Depository Bank based on the Subcontractor’s failure to comply, provided that City has first provided Contractor Trustee/Depository Bank with notice and an opportunity to obtain a cure of the violation. e. Contractor Trustee/Depository Bank shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to ContractorTrustee/Depository Bank’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor Trustee/Depository Bank represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor Trustee/Depository Bank shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contractthis Agreement. h. Contractor Trustee/Depository Bank shall keep itself informed of the current requirements of the HCAO. i. Contractor Trustee/Depository Bank shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor Trustee/Depository Bank shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten (10) business days to respond. k. Contractor Trustee/Depository Bank shall allow City to inspect ContractorTrustee/Depository Bank’s job sites and have access to ContractorTrustee/Depository Bank’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor Trustee/Depository Bank to ascertain its compliance with HCAO. Contractor Trustee/Depository Bank agrees to cooperate with City when it conducts such audits. m. If Contractor Trustee/Depository Bank is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits)25,000, but Contractor Trustee/Depository Bank later enters into an agreement or agreements that cause ContractorTrustee/Depository Bank’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor Trustee/Depository Bank and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Cash Management and Lockbox Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO HCA O is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAOHCAO . If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAOHCAO , it shall have no obligation to comply with part (a) above. c. Contractor’s 's failure to comply with the HCAO HCA O shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAOHCAO , Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-612Q.5(f)(l-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO HCA O and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s 's Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO HCA O and has imposed the requirements of the HCAO HCA O on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s 's failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s 's noncompliance or anticipated noncompliance with the requirements of the HCAOHCAO , for opposing any practice proscribed by the HCAOHCAO , for participating in proceedings related to the HCAOHCAO , or for seeking to assert or enforce any rights under the HCAO HCA O by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAOHCAO . g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO.HCAO . (5/10) 25 April 10,2013 i. i . Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAOHCAO , including reports on Subcontractors and Subtenants, as applicable. j. j . Contractor shall provide City with access to records pertaining to compliance with HCAO HCA O after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Consulting Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Developer agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement shall will have the meanings assigned to such terms them in Chapter chapter 12Q. a. (a) For each Covered Employee, Contractor Developer shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Developer chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Developer is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part subsection (a) above. c. Contractor’s (c) Developer's failure to comply with the HCAO shall constitute a material breach of this agreementAgreement. City shall notify Contractor Developer if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s 's written notice of a breach of this Agreement for violating the HCAO, Contractor Developer fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Developer fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO. i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Exclusive Negotiation Agreement

Requiring Health Benefits for Covered Employees. 44.1 Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth hereinin this Agreement. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxx.xxxxx.xxx/xxxx . Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 44.2 For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. 44.3 Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. 44.4 Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. 44.5 Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. 44.6 Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. 44.7 Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. 44.8 Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. 44.9 Contractor shall keep itself informed of the current requirements of the HCAO. i. 44.10 Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. 44.11 Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. 44.12 Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. 44.13 City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. 44.14 If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Contract Agreement

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Tenant agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth hereinforth. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse/hcao. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Tenant shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Tenant chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if the Contractor Tenant is a small business as defined in Section 12Q.3(e12Q.3(d) of the HCAO, it shall have no obligation to comply with part Subsection (a) above. c. Contractor’s (c) Tenant's failure to comply with the HCAO shall constitute a material breach of this agreementLease. City shall notify Contractor Tenant if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s 's written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and Section 12Q.5(f)(1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract entered into by Contractor Tenant shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration 's Purchasing Department when it enters into such a Subcontract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor Tenant shall be responsible for its Subcontractors' compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation.the e. Contractor (e) Tenant shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance Tenant's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO.the i. Contractor (h) Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable.reporting j. Contractor (i) Tenant shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.five

Appears in 1 contract

Samples: Communications Site Lease

Requiring Health Benefits for Covered Employees. Contractor Unless exempt, Xxxxxx agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q (Chapter 12Q), including the remedies provided, and implementing regulations, as the same may be amended or updated from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement Lease as though fully set forth herein. The text of the HCAO is currently available on the web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/site/olse_index.asp. Capitalized terms used in this Section and not defined in this Agreement Lease shall have the meanings assigned to such terms in Chapter 12Q. a. (a) For each Covered Employee, Contractor Employee Tenant shall provide the appropriate applicable health benefit set forth in Section 12Q.3 of the HCAO. If Contractor Xxxxxx chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. (b) Notwithstanding the above, if Tenant meets the Contractor is requirements of a small business business” as defined described in Section 12Q.3(e12Q.3 (d) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor(c) Tenant’s failure to comply with the requirements of the HCAO shall constitute a material breach by Tenant of this agreement. City shall notify Contractor if such a breach has occurredLease. If, within 30 days after receiving City’s written notice of a breach of this Agreement Lease for violating the HCAO, Contractor Tenant fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days30-day period, Contractor Tenant fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1Section 12Q.5 (f) (1-65). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. (d) Any Subcontract Sublease or Contract regarding services to be performed on the Premises entered into by Contractor Tenant shall require the Subcontractor Subtenant or Contractor and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor Tenant shall notify City’s Office of Contract Administration the Purchasing Department when it enters into such a Subcontract Sublease or Contract and shall certify to the Office of Contract Administration Purchasing Department that it has notified the Subcontractor Subtenant or Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor the Subtenant or Contractor through the Subcontractwritten agreement with such Subtenant or Contractor. Each Contractor Tenant shall be responsible for its Subcontractors’ ensuring compliance with this Chapterthe HCAO by each Subtenant, Contractor and Subcontractor performing services on the Premises. If a any Subtenant, Contractor or Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor Tenant based on the Subtenant’s, Contractor’s, or Subcontractor’s failure to comply, provided that City the Contracting Department has first provided Contractor Tenant with notice and an opportunity to obtain a cure of the violation. e. Contractor (e) Tenant shall not discharge, reprimand, penalize, reduce in compensationthe compensation of, or otherwise discriminate against against, any employee for notifying City with regard of any issue relating to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor (f) Tenant represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent requirements of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor (g) Tenant shall keep itself informed of the current requirements of the HCAO, as they may change from time to time. i. Contractor (h) Upon request, Tenant shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicableContractors, and Subcontractors. j. Contractor (i) Within five (5) business days after any request by City, Tenant shall provide City with access to pertinent records pertaining relating to any Tenant’s compliance with HCAO after receiving a written request from the HCAO. In addition, City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City its agents may conduct random audits of Contractor to ascertain its compliance with HCAOTenant at any time during the term of this Lease. Contractor Xxxxxx agrees to cooperate with City when it conducts in connection with any such auditsaudit. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Lease Agreement

Requiring Health Benefits for Covered Employees. Unless exempt, the Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated herein by reference and made a part of this Agreement agreement as though fully set forth hereinforth. The text of the HCAO is available on the web Web at xxx.xxxxx.xxx/xxxxxxxx://xxx.xxxxx.xxx/olse. Capitalized terms used in this Section and not defined in this Agreement agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, the Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If the Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. The Contractor’s 's failure to comply with the HCAO shall constitute a material breach of this agreement. City The TJPA shall notify the Contractor if such a breach has occurred. If, within 30 thirty (30) days after receiving City’s the TJPA's written notice of a breach of this Agreement for violating the HCAO, the Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 thirty (30) days, the Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City the TJPA shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to Citythe TJPA. d. Any Subcontract entered into by the Contractor shall require the Subcontractor subcontractors to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. The Contractor shall notify City’s Office of Contract Administration the TJPA when it enters into such a Subcontract subcontract and shall certify to the Office of Contract Administration TJPA that it has notified the Subcontractor subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ subcontractors' compliance with this Chapter. If a Subcontractor subcontractor fails to comply, the City TJPA may pursue the remedies set forth in this Section against Contractor based on the Subcontractorsubcontractor’s failure to comply, provided that City XXXX has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. The Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City the TJPA with regard to Contractor’s noncompliance 's compliance or anticipated noncompliance compliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. The Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. The Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City ContractTJPA agreement. h. The Contractor shall keep itself informed of the current requirements of the HCAO. i. The Contractor shall provide reports to the City TJPA in accordance with any reporting standards promulgated by the City TJPA under the HCAO, including reports on Subcontractors subcontractors and Subtenantssubtenants, as applicable. j. The Contractor shall provide City the TJPA with access to records pertaining to compliance with HCAO after receiving a written request from City the TJPA to do so and being provided at least ten five (5) business days to respond. k. The Contractor shall allow City the TJPA to inspect the Contractor’s job sites and have access to the Contractor’s employees in order to monitor and determine compliance with HCAO. l. City The TJPA may conduct random audits of the Contractor to ascertain its compliance with HCAO. The Contractor agrees to cooperate with City the TJPA when it conducts such audits. m. If the Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but the Contractor later enters into an agreement or agreements that cause the Contractor’s 's aggregate amount of all agreements with City TJPA to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and the City TJPA to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Professional Services

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City.such d. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. Contractor shall keep itself informed of the current requirements of the HCAO.the i. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable.any j. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.with

Appears in 1 contract

Samples: Software and Equipment Maintenance Services Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 38.1. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission... b. 38.2. Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. 38.3. Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. 38.4. Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. 38.5. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. 38.6. Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. 38.7. Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. 38.8. Contractor shall keep itself informed of the current requirements of the HCAO. i. 38.9. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. 38.10. Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. 38.11. Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. 38.12. City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. 38.13. If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year.

Appears in 1 contract

Samples: Advertising Agreement

Requiring Health Benefits for Covered Employees. Contractor agrees to comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q, including the remedies provided, and implementing regulations, as the same may be amended from time to time. The provisions of section 12Q.5.1 of Chapter 12Q are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the HCAO is available on the web at xxx.xxxxx.xxx/xxxx. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12Q. a. 12Q. For each Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section 12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. b. . Notwithstanding the above, if the Contractor is a small business as defined in Section 12Q.3(e) of the HCAO, it shall have no obligation to comply with part (a) above. c. . Contractor’s failure to comply with the HCAO shall constitute a material breach of this agreement. City shall notify Contractor if such a breach has occurred. If, within 30 days after receiving City’s written notice of a breach of this Agreement for violating the HCAO, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, City shall have the right to pursue the remedies set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. d. . Any Subcontract entered into by Contractor shall require the Subcontractor to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Contractor shall notify City’s Office of Contract Administration when it enters into such a Subcontract and shall certify to the Office of Contract Administration that it has notified the Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on Subcontractor through the Subcontract. Each Contractor shall be responsible for its Subcontractors’ compliance with this Chapter. If a Subcontractor fails to comply, the City may pursue the remedies set forth in this Section against Contractor based on the Subcontractor’s failure to comply, provided that City has first provided Contractor with notice and an opportunity to obtain a cure of the violation. e. . Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for notifying City with regard to Contractor’s noncompliance or anticipated noncompliance with the requirements of the HCAO, for opposing any practice proscribed by the HCAO, for participating in proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. f. . Contractor represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the intent of the HCAO. g. . Contractor shall maintain employee and payroll records in compliance with the California Labor Code and Industrial Welfare Commission orders, including the number of hours each employee has worked on the City Contract. h. . Contractor shall keep itself informed of the current requirements of the HCAO. i. . Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the HCAO, including reports on Subcontractors and Subtenants, as applicable. j. . Contractor shall provide City with access to records pertaining to compliance with HCAO after receiving a written request from City to do so and being provided at least ten business days to respond. k. . Contractor shall allow City to inspect Contractor’s job sites and have access to Contractor’s employees in order to monitor and determine compliance with HCAO. l. . City may conduct random audits of Contractor to ascertain its compliance with HCAO. Contractor agrees to cooperate with City when it conducts such audits. m. . If Contractor is exempt from the HCAO when this Agreement is executed because its amount is less than $25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause Contractor’s aggregate amount of all agreements with City to reach $75,000, all the agreements shall be thereafter subject to the HCAO. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between Contractor and the City to be equal to or greater than $75,000 in the fiscal year. First Source Hiring Program. Left blank by agreement of the parties.

Appears in 1 contract

Samples: Contract Agreement

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