Common use of Requiring Minimum Compensation for Employees Clause in Contracts

Requiring Minimum Compensation for Employees. (a) Contractor agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxx. A partial listing of some of Contractor's obligations under the MCO is set forth in this Section. Contractor is required to comply with all the provisions of the MCO, irrespective of the listing of obligations in this Section. (b) The MCO requires Contractor to pay Contractor's employees a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor is obligated to keep informed of the then-current requirements. Any subcontract entered into by Contractor shall require the subcontractor to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is Contractor’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against Contractor. (c) Contractor shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO. (d) Contractor shall maintain employee and payroll records as required by the MCO. If Contractor fails to do so, it shall be presumed that the Contractor paid no more than the minimum wage required under State law. (e) The City is authorized to inspect Contractor’s job sites and conduct interviews with employees and conduct audits of Contractor (f) Contractor's commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor fails to comply with these requirements. Contractor agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P. (g) Contractor understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, 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, the City shall have the right to pursue any rights or remedies available under applicable law, including those set forth in Section 12P.6(c) of Chapter 12P. Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. (h) 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 MCO. (i) If Contractor is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year is less than $25,000, but Contractor later enters into an agreement or agreements that cause contractor to exceed that amount in a fiscal year, Contractor shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and this department to exceed $25,000 in the fiscal year.

Requiring Minimum Compensation for Employees. (a) a. Contractor agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxx. A partial listing of some of Contractor's obligations under the MCO is set forth in this Section. Contractor is required to comply with all the provisions of the MCO, irrespective of the listing of obligations in this Section. (b) b. The MCO requires Contractor to pay Contractor's employees a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor is obligated to keep informed of the then-current requirements. Any subcontract entered into by Contractor shall require the subcontractor to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is Contractor’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against Contractor. (c) c. Contractor shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO. (d) d. Contractor shall maintain employee and payroll records as required by the MCO. If Contractor fails to do so, it shall be presumed that the Contractor paid no more than the minimum wage required under State law. (e) e. The City is authorized to inspect Contractor’s job sites and conduct interviews with employees and conduct audits of Contractor (f) f. Contractor's commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor fails to comply with these requirements. Contractor agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P. (g) g. Contractor understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, 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, the City shall have the right to pursue any rights or remedies available under applicable law, including those set forth in Section 12P.6(c) of Chapter 12P. Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. (h) h. 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 MCO. (i) i. If Contractor is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year is less than $25,000, but Contractor later enters into an agreement or agreements that cause contractor to exceed that amount in a fiscal year, Contractor shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and this department to exceed $25,000 in the fiscal year.

Requiring Minimum Compensation for Employees. a. Artist (ahereinafter referred to as "Contractor" in this section) Contractor agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxx. A partial listing of some of Contractor's obligations under the MCO is set forth in this Section. Contractor is required to comply with all the provisions of the MCO, irrespective of the listing of obligations in this Section. (b) b. The MCO requires Contractor to pay Contractor's employees a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor is obligated to keep informed of the then-current requirements. Any subcontract entered into by Contractor shall require the subcontractor to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is Contractor’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against Contractor. (c) c. Contractor shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO. (d) d. Contractor shall maintain employee and payroll records as required by the MCO. If Contractor fails to do so, it shall be presumed that the Contractor paid no more than the minimum wage required under State law. (e) e. The City is authorized to inspect Contractor’s job sites and conduct interviews with employees and conduct audits of Contractor (f) f. Contractor's commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor fails to comply with these requirements. Contractor agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P. (g) g. Contractor understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, 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, the City shall have the right to pursue any rights or remedies available under applicable law, including those set forth in Section 12P.6(c) of Chapter 12P. Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. (h) h. 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 MCO. (i) i. If Contractor is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year is less than $25,000, but Contractor later enters into an agreement or agreements that cause contractor to exceed that amount in a fiscal year, Contractor shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and this department to exceed $25,000 in the fiscal year.

Requiring Minimum Compensation for Employees. (a) Contractor agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxxathttp://xxx.xxxxx.xxx/xxx/xxxx.xxx. A partial listing of some of Contractor's obligations under the MCO is set forth Capitalized terms used in this Section. Contractor is required Section and not defined in this Agreement shall have the meanings assigned to comply such terms in Chapter 12P. Consistent with all the provisions requirements of the MCO, irrespective Contractor agrees to all of the listing following: A. For each hour worked by a Covered Employee during a Pay Period on work funded under the City contract during the term of obligations in this Section. (b) The MCO requires Agreement, Contractor shall provide to pay Contractor's employees the Covered Employee no less than the Minimum Compensation, which includes a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor is obligated to keep informed off consistent with the requirements of the then-current requirementsMCO. Any subcontract entered into by For the hourly gross compensation portion of the MCO, Contractor shall require pay a minimum of $10.77 an hour beginning January 1, 2005 and for the subcontractor remainder of the term of this Agreement; provided, however, that Contractors that are Nonprofit Corporations or public entities shall pay a minimum of $9 an hour for the term of this Agreement. B. Contractor shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to Contractor’s compliance or anticipated compliance with the requirements of the MCO, for opposing any practice proscribed by the MCO, for participating in proceedings related to the MCO, or for seeking to assert or enforce any rights under the MCO by any lawful means. C. Contractor understands and agrees that the failure to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is Contractor’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements constitute a material breach by Contractor of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any terms of the remedies set forth in this Section against Contractor. (c) Contractor shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO. (d) Contractor shall maintain employee and payroll records as required by the MCO. If Contractor fails to do so, it shall be presumed that the Contractor paid no more than the minimum wage required under State law. (e) The City is authorized to inspect Contractor’s job sites and conduct interviews with employees and conduct audits of Contractor (f) Contractor's commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion City, acting through the Contracting Department, shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor fails to comply with these requirements. Contractor agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P.. (g) Contractor understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. D. If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, 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, the City City, acting through the Contracting Department, shall have the right to pursue the following rights or remedies and any rights or remedies available under applicable law: i. The right to charge Contractor an amount equal to the difference between the Minimum Compensation and any compensation actually provided to a Covered Employee, including those together with interest on such amount from the date payment was due at the maximum rate then permitted by law; ii. The right to set forth off all or any portion of the amount described in Section 12P.6(cSubsection (d)(1) of Chapter 12P. Each of these remedies shall be exercisable individually this Section against amounts due to Contractor under this Agreement; iii. The right to terminate this Agreement in whole or in combination part; iv. In the event of a breach by Contractor of the covenant referred to in Subsection (b) of this Section, the right to seek reinstatement of the employee or to obtain other appropriate equitable relief; and v. The right to bar Contractor from entering into future contracts with any other rights or remedies available to the City.City for three (h) E. 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 MCO. F. Contractor shall keep itself informed of the current requirements of the MCO, including increases to the hourly gross compensation due Covered Employees under the MCO, and shall provide prompt written notice to all Covered Employees of any increases in compensation, as well as any written communications received by the Contractor from the City, which communications are marked to indicate that they are to be distributed to Covered Employees. G. Contractor shall provide reports to the City in accordance with any reporting standards promulgated by the City under the MCO, including reports on subcontractors. H. The Contractor shall provide the City with access to pertinent records after receiving a written request from the City to do so and being provided at least five business days to respond. I. The City may conduct random audits of Contractor. Random audits shall be (i) noticed in advance in writing; (ii) limited to ascertaining whether Covered Employees are paid at least the minimum compensation required by the MCO; (iii) accomplished through an examination of pertinent records at a mutually agreed upon time and location within ten days of the written notice; and (iv) limited to one audit of Contractor every two years for the duration of this Agreement. Nothing in this Agreement is intended to preclude the City from investigating any report of an alleged violation of the MCO. J. Any subcontract entered into by Contractor shall require the subcontractor to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. A subcontract means an agreement between the Contractor and a third party that requires the third party to perform all or a portion of the services covered by this Agreement. Contractor shall notify the Department of Administrative Services when it enters into such a subcontract and shall certify to the Department of Administrative Services that it has notified the subcontractor of the obligations under the MCO and has imposed the requirements of the MCO on the subcontractor through the provisions of the subcontract. It is Contractor’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against Contractor. K. Each Covered Employee is a third-party beneficiary with respect to the requirements of subsections (a) and (b) of this Section, and may pursue the following remedies in the event of a breach by Contractor of subsections (a) and (b), but only after the Covered Employee has provided the notice, participated in the administrative review hearing, and waited the 21-day period required by the MCO. Contractor understands and agrees that if the Covered Employee prevails in such action, the Covered L. If Contractor is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year is less than $25,00025,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or agreements that cause contractor to exceed that amount in a fiscal year, Contractor shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and this department to exceed $25,000 ($50,000 for nonprofits) in the fiscal year.

Requiring Minimum Compensation for Employees. (a) Contractor X. Xxxxxxx agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P 12 are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxxxxxx://xxx.xxxxx.xxx/olse/mco. A partial listing of some of ContractorGrantee's obligations under the MCO is set forth in this Section. Contractor Grantee is required to comply with all the provisions of the MCO, irrespective of the listing of obligations in this Section. (b) B. The MCO requires Contractor Grantee to pay ContractorGrantee's employees a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor Grantee is obligated to keep informed of the then-current requirements. Any subcontract entered into by Contractor Grantee shall require the subcontractor subgrantee to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is ContractorGrantee’s obligation to ensure that any subcontractors subgrantees of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor subgrantee under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against ContractorGrantee. (c) Contractor C. Grantee shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO. (d) Contractor X. Xxxxxxx shall maintain employee and payroll records as required by the MCO. If Contractor Grantee fails to do so, it shall be presumed that the Contractor Grantee paid no more than the minimum wage required under State law. (e) E. The City is authorized to inspect ContractorGrantee’s job sites and conduct interviews with employees and conduct audits of ContractorGrantee. (f) Contractor's X. Xxxxxxx’s commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor Grantee fails to comply with these requirements. Contractor Xxxxxxx agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's Xxxxxxx’s noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P. (g) Contractor X. Xxxxxxx understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. If, within 30 thirty (30) days after receiving written notice of a breach of this Agreement for violating the MCO, Contractor Grantee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Grantee 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 any rights or remedies available under applicable law, including those set forth in Section 12P.6(c) of Chapter 12P. Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. (h) Contractor H. Grantee 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 MCO. (i) I. If Contractor Grantee is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year Fiscal Year is less than $25,000, but Contractor Grantee later enters into an agreement or agreements that cause contractor Grantee to exceed that amount in a fiscal yearFiscal Year, Contractor Grantee shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor Grantee and this department to exceed $25,000 in the fiscal year.

Requiring Minimum Compensation for Employees. (a) Contractor Co-Bond Counsel agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxxxxx.xx.xx.xx.xx\MCO. A partial listing of some of Contractor's obligations under the MCO is set forth Capitalized terms used in this Section. Contractor is required Section and not defined in this Agreement shall have the meanings assigned to comply such terms in Chapter 12P. Consistent with all the provisions requirements of the MCO, irrespective Co-Bond Counsel agrees to all of the listing following: (a) For each hour worked by a Covered Employee during a Pay Period on work funded under the City contract during the term of obligations in this Section.Agreement, Co-Bond Counsel shall provide to the Covered Employee no less than the Minimum Compensation, which includes a minimum hourly wage and compensated and uncompensated time off consistent with the requirements of the MCO. For the minimum hourly gross compensation portion of the MCO, Co-Bond Counsel shall pay $9.00 an hour through (b) Co-Bond Counsel shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to Co-Bond Counsel’s compliance or anticipated compliance with the requirements of the MCO, for opposing any practice proscribed by the MCO, for participating in proceedings related to the MCO, or for seeking to assert or enforce any rights under the MCO by any lawful means. (c) Co-Bond Counsel understands and agrees that the failure to comply with the requirements of the MCO shall constitute a material breach by Co-Bond Counsel of the terms of this Agreement. The MCO requires Contractor City, acting through the Contracting Department, shall determine whether such a breach has occurred. (d) If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, Co-Bond Counsel fails to pay Contractor's employees cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Co-Bond Counsel fails to commence efforts to cure within such period, or thereafter fails diligently to pursue such cure to completion, the City, acting through the Contracting Department, shall have the right to pursue the following rights or remedies and any rights or remedies available under applicable law: (i) The right to charge Co-Bond Counsel an amount equal to the difference between the Minimum Compensation and any compensation actually provided to a minimum Covered Employee, together with interest on such amount from the date payment was due at the maximum rate then permitted by law; (ii) The right to set off all or any portion of the amount described in Subsection (d)(i) of this Section against amounts due to Co-Bond Counsel under this Agreement; (iii) The right to terminate this Agreement in whole or in part; (iv) In the event of a breach by Co-Bond Counsel of the covenant referred to in Subsection (b) of this Section, the right to seek reinstatement of the employee or to obtain other appropriate equitable relief; and (v) The right to bar Co-Bond Counsel from entering into future contracts with the City for three (3) years. (e) Co-Bond Counsel 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 MCO. (f) Co-Bond Counsel shall keep itself informed of the current requirements of the MCO, including increases to the hourly gross compensation wage rate due Covered Employees under the MCO, and shall provide prompt written notice to all Covered Employees of any increases in compensation, as well as any written communications received by the Co-Bond Counsel from the City, which communications are marked to indicate that they are to be distributed to Covered Employees. (g) Co-Bond Counsel shall provide reports to the City in accordance with any reporting standards promulgated by the City under the MCO, including reports on subcontractors. (h) Co-Bond Counsel shall provide the City with access to pertinent records after receiving a written request from the City to do so and being provided at least five (5) business days to respond. (i) The City may conduct random audits of Co-Bond Counsel. Random audits shall be (i) noticed in advance in writing; (ii) limited to ascertaining whether Covered Employees are paid at least the minimum compensated compensation required by the MCO; (iii) accomplished through an examination of pertinent records at a mutually agreed upon time and uncompensated time off. The minimum wage rate may change from year to year and Contractor is obligated to keep informed location within ten (10) days of the thenwritten notice; and (iv) limited to one audit of Co-current requirementsBond Counsel every two years for the duration of this Agreement. Nothing in this Agreement is intended to preclude the City from investigating any report of an alleged violation of the MCO. (j) Any subcontract entered into by Contractor Co-Bond Counsel shall require the subcontractor to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. A subcontract means an agreement between Co-Bond Counsel and a third party which requires the third party to perform all or a portion of the services covered by this Agreement. Co-Bond Counsel shall notify the Department of Administrative Services when it enters into such a subcontract and shall certify to the Department of Administrative Services that it has notified the subcontractor of the obligations under the MCO and has imposed the requirements of the MCO on the subcontractor through the provisions of the subcontract. It is ContractorCo-Bond Counsel’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against ContractorCo-Bond Counsel. (ck) Contractor shall not take adverse action or otherwise discriminate against an employee or other person for Each Covered Employee is a third-party beneficiary with respect to the exercise or attempted exercise requirements of rights under subsections (a) and (b) of this Section, and may pursue the MCO. Such actionsfollowing remedies in the event of a breach by Co-Bond Counsel of subsections (a) and (b), if taken within 90 days of but only after the exercise or attempted exercise of such rightsCovered Employee has provided the notice, will be rebuttably presumed to be retaliation prohibited by participated in the MCO. (d) Contractor shall maintain employee administrative review hearing, and payroll records as waited the 21-day period required by the MCO. If Contractor fails to do so, it shall be presumed that the Contractor paid no more than the minimum wage required under State law. (e) The City is authorized to inspect Contractor’s job sites and conduct interviews with employees and conduct audits of Contractor (f) Contractor's commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor fails to comply with these requirements. Contractor agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P. (g) Contractor Co-Bond Counsel understands and agrees that if it fails to comply with the requirements of the MCOCovered Employee prevails in such action, the City shall have Covered Employee may be awarded: (1) an amount equal to the difference between the Minimum Compensation and any compensation actually provided to the Covered Employee, together with interest on such amount from the date payment was due at the maximum rate then permitted by law; (2) in the event of a breach by Co-Bond Counsel of subsections (a) or (b), the right to pursue seek reinstatement or to obtain other appropriate equitable relief; and (3) in the event that the Covered Employee is the prevailing party in any rights legal action or remedies available under Chapter 12P (including liquidated damages)proceeding against Co-Bond Counsel arising from this Agreement, under the terms of the contract, and under applicable law. If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, 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, the City shall have the right to pursue any rights or remedies available under applicable lawobtain all costs and expenses, including those set forth reasonable attorney's fees and disbursements, incurred by the Covered Employee. Co-Bond Counsel also understands that the MCO provides that if Co-Bond Counsel prevails in Section 12P.6(c) of Chapter 12P. Each of these remedies shall any such action, Co-Bond Counsel may be exercisable individually or in combination with any other rights or remedies available to the City. (h) Contractor represents awarded costs and warrants that it is not an entity that was set upexpenses, or is being usedincluding reasonable attorney’s fees and disbursements, for the purpose of evading the intent of the MCO. (i) If Contractor is exempt from the MCO when this Agreement is executed because Covered Employee if the cumulative amount court determines that the Covered Employee’s action was frivolous, vexatious or otherwise an act of agreements with this department for the fiscal year is less than $25,000, but Contractor later enters into an agreement or agreements that cause contractor to exceed that amount in a fiscal year, Contractor shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor and this department to exceed $25,000 in the fiscal yearbad faith.

Requiring Minimum Compensation for Employees. (a) Contractor a. Corporation agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P 12).5.1 are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxx. A partial listing of some of ContractorCorporation's obligations under the MCO is set forth in this Section. Contractor Corporation is required to comply with all the provisions of the MCO, irrespective of the listing of obligations in this Section. (b) b. The MCO requires Contractor Corporation to pay ContractorCorporation's employees a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor Corporation is obligated to keep informed of the then-current requirements. Any subcontract entered into by Contractor Corporation shall require the subcontractor to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is ContractorCorporation’s obligation to ensure that any subcontractors of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against ContractorCorporation. (c) Contractor c. Corporation shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO. (d) Contractor d. Corporation shall maintain employee and payroll records as required by the MCO. If Contractor Corporation fails to do so, it shall be presumed that the Contractor Corporation paid no more than the minimum wage required under State law. (e) e. The City is authorized to inspect ContractorCorporation’s job sites and conduct interviews with employees and conduct audits of ContractorCorporation. (f) Contractorf. Corporation's commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor Corporation fails to comply with these requirements. Contractor Corporation agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for ContractorCorporation's noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P. (g) Contractor g. Corporation understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, 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, the City shall have the right to pursue any rights or remedies available under applicable law, including those set forth in Section 12P.6(c) of Chapter 12P. Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. (h) Contractor h. 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 MCO. (i) i. If Contractor Corporation is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year is less than $25,000, but Contractor Corporation later enters into an agreement or agreements that cause contractor Corporation to exceed that amount in a fiscal year, Contractor Corporation shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor Corporation and this department to exceed $25,000 in the fiscal year.

Requiring Minimum Compensation for Employees. (a) Contractor a. Grantee agrees to comply fully with and be bound by all of the provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P (Chapter 12P), including the remedies provided, and implementing guidelines and rules. The provisions of Sections 12P.5 and 12P.5.1 of Chapter 12P are incorporated herein by reference and made a part of this Agreement as though fully set forth. The text of the MCO is available on the web at xxx.xxxxx.xxx/xxxx/xxx. A partial listing of some of ContractorGrantee's obligations under the MCO is set forth in this Section. Contractor Grantee is required to comply with all the provisions of the MCO, irrespective of the listing of obligations in this Section. (b) b. The MCO requires Contractor Grantee to pay ContractorGrantee's employees a minimum hourly gross compensation wage rate and to provide minimum compensated and uncompensated time off. The minimum wage rate may change from year to year and Contractor Grantee is obligated to keep informed of the then-then- current requirements. Any subcontract entered into by Contractor Grantee shall require the subcontractor subgrantee to comply with the requirements of the MCO and shall contain contractual obligations substantially the same as those set forth in this Section. It is ContractorGrantee’s obligation to ensure that any subcontractors subgrantees of any tier under this Agreement comply with the requirements of the MCO. If any subcontractor subgrantee under this Agreement fails to comply, City may pursue any of the remedies set forth in this Section against ContractorGrantee. (c) Contractor c. Grantee shall not take adverse action or otherwise discriminate against an employee or other person for the exercise or attempted exercise of rights under the MCO. Such actions, if taken within 90 days of the exercise or attempted exercise of such rights, will be rebuttably presumed to be retaliation prohibited by the MCO. (d) Contractor d. Grantee shall maintain employee and payroll records as required by the MCO. If Contractor Grantee fails to do so, it shall be presumed that the Contractor Grantee paid no more than the minimum wage required under State law. (e) e. The City is authorized to inspect ContractorGrantee’s job sites and conduct interviews with employees and conduct audits of ContractorGrantee (f) Contractor's f. Grantee’s commitment to provide the Minimum Compensation is a material element of the City's consideration for this Agreement. The City in its sole discretion shall determine whether such a breach has occurred. The City and the public will suffer actual damage that will be impractical or extremely difficult to determine if the Contractor Grantee fails to comply with these requirements. Contractor Grantee agrees that the sums set forth in Section 12P.6.1 of the MCO as liquidated damages are not a penalty, but are reasonable estimates of the loss that the City and the public will incur for Contractor's Grantee’s noncompliance. The procedures governing the assessment of liquidated damages shall be those set forth in Section 12P.6.2 of Chapter 12P. (g) Contractor g. Grantee understands and agrees that if it fails to comply with the requirements of the MCO, the City shall have the right to pursue any rights or remedies available under Chapter 12P (including liquidated damages), under the terms of the contract, and under applicable law. If, within 30 days after receiving written notice of a breach of this Agreement for violating the MCO, Contractor Grantee fails to cure such breach or, if such breach cannot reasonably be cured within such period of 30 days, Contractor Grantee 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 any rights or remedies available under applicable law, including those set forth in Section 12P.6(c) of Chapter 12P. Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to the City. (h) Contractor h. Grantee 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 MCO. (i) i. If Contractor Grantee is exempt from the MCO when this Agreement is executed because the cumulative amount of agreements with this department for the fiscal year is less than $25,000, but Contractor Grantee later enters into an agreement or agreements that cause contractor Grantee to exceed that amount in a fiscal year, Contractor Grantee shall thereafter be required to comply with the MCO under this Agreement. This obligation arises on the effective date of the agreement that causes the cumulative amount of agreements between the Contractor Grantee and this department to exceed $25,000 in the fiscal year.