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26. Non -Discrimination in Citv Contracts and Benefits Ordinance.
<br />(a) Covenant Not to Discriminate. In the performance of this License, Licensee
<br />agrees not to discriminate against any employee of, any City employee working with Licensee
<br />or applicant for employment with Licensee, or against any person seeking accommodations,
<br />advantages, facilities, privileges, services, or membership in all business, social, or other
<br />establishments or organizations, on the basis of the fact or perception of a person's race, color,
<br />creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender
<br />identity, domestic partner status, marital status, disability or Acquired Immune Deficiency
<br />Syndrome or HIV status (AIDS/HIV status), or association with members of such protected
<br />classes, or in retaliation for opposition to discrimination against such classes.
<br />(b) Other Subcontracts. Licensee shall include in all subcontracts relating to the
<br />License Area a non-discrimination clause applicable to such subcontractor in substantially the
<br />form of subsection (a) above. In addition, Licensee shall incorporate by reference in all
<br />subcontracts the provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco
<br />Administrative Code and shall require all subcontractors to comply with such provisions.
<br />Licensee's failure to comply with the obligations in this subsection shall constitute a material
<br />breach of this License.
<br />(c) Non -Discrimination in Benefits. Licensee does not as of the date of this License
<br />and will not during the term of this License, in any of its operations in San Francisco, on real
<br />property owned by City, or where the work is being performed for the City or elsewhere within
<br />the United States, discriminate in the provision of bereavement leave, family medical leave,
<br />health benefits, membership or membership discounts, moving expenses, pension and retirement
<br />benefits or travel benefits, as well as any benefits other than the benefits specified above,
<br />between employees with domestic partners and employees with spouses, and/or between the
<br />domestic partners and spouses of such employees, where the domestic partnership has been
<br />registered with a governmental entity pursuant to state or local law authorizing such registration,
<br />subject to the conditions set forth in Section 12B.2(b) of the San Francisco Administrative Code.
<br />(d) Condition to License. As a condition to this License, Licensee shall execute the
<br />"Chapter 12B Declaration: Nondiscrimination in Contracts and Benefits" form (Form CMD -
<br />1213 -101) with supporting documentation and secure the approval of the form by the
<br />San Francisco Contract Monitoring Division.
<br />(e) Incorporation of Administrative Code Provisions bV Reference. The
<br />provisions of Chapters 12B and 12C of the San Francisco Administrative Code relating to
<br />non-discrimination by parties contracting for the license of City property are incorporated in this
<br />Section by reference and made a part of this License as though fully set forth herein. Licensee
<br />shall comply fully with and be bound by all of the provisions that apply to this License under
<br />such Chapters of the San Francisco Administrative Code, including but not limited to the
<br />remedies provided in such Chapters. Without limiting the foregoing, Licensee understands that
<br />pursuant to Section 12B.2(h) of the San Francisco Administrative Code, a penalty of $50 for
<br />each person for each calendar day during which such person was discriminated against in
<br />violation of the provisions of this License may be assessed against Licensee and/or deducted
<br />from any payments due Licensee.
<br />16 Rev May 2015
<br />Page 16 of 45
<br />ATTY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT
<br />REV: 01-06-17 VR
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