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l3Equal Benefits. With respect to the provision of benefits to its employees, Contractor shall comply with Chapter 2.84 of the
<br />County Ordinance Code, which prohibits contractors from discriminating in the provision of employee benefits between an
<br />employee with a domestic partner and an employee with a spouse. ln order to meet the requirements of Chapter 2.84,
<br />Contractor must certify which of the following statements is/are accurate:
<br />n Contractor complies with Chapter 2.84 by:
<br />tr offering the same benefits to its employees with spouses and its employees with domestic partners.
<br />! offering, in the case where the same benefits are not offered to its employees with spouses and its
<br />employees with domestic partners, a cash payment to an employee with a domestic partner that is equal to
<br />Contractor's cost of providing the benefit to an employee with a spouse.
<br />! Contractor is exempt from having to comply with Chapter 2.84 because it has no employees or does not provide
<br />benefits to employees' spouses.
<br />! Contractor does not comply with Chapter 2.84, and a waiver must be sought.
<br />Historv of Discrimination. Contractor must check one of the two following options, and by executing this Agreement,
<br />Contractor certifies that the option selected is accurate:
<br />n No finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment
<br />Opportunity Commission, Fair Employment and Housing Commission, or any other investigative entity.
<br />n Finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment
<br />Opportunity Commission, Fair Employment and Housing Commission, or other investigative entity. lf this box is
<br />checked, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination.
<br />Retention of Records. Contractor shall maintain all records related to this Agreement for no fewer than three years after
<br />the County makes final payment or after termination of this Agreement and all other pending matters are closed. All records
<br />shall be subject to the examination and/or audit by agents of the County, the State of California, other regulatory agencies,
<br />and/or Federal grantor agencies.
<br />One of the-following responses must be selected
<br />by the Department. ls the Contractor a Business Associate? {No
<br />lf "Yes" is checked, then the following requirements apply and Attachment H must be included: Contractor shall perform all
<br />services in accordance with HIPAA and the Federal regulations promulgated thereunder, as amended, and will comply with
<br />the Business Associate requirements set forth in Attachment H.
<br />Contractor and all subcontractors
<br />shall ensure compliance with all state, federal, and local laws, regulations, or rules applicable to performance of the work
<br />required under this Agreement and shall execute all necessary certiflcations of compliance therewith. Contractor certifies
<br />that the Contractor and all of its subcontractors will adhere to and certify compliance with all applicable provisions of San
<br />Mateo County Ordinance Code, including, without limitation, Chapter 4.106, which regulates the use of disposable food
<br />service ware, and Chapter 2.84, which addresses equal benefits.
<br />Merqer Glause. This Agreement, including all exhibits/attachments attached hereto, which are incorporated herein by this
<br />reference, constitutes the sole agreement of the parties hereto and correctly states the rights, duties, and obligations of
<br />each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties
<br />not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the
<br />County Purchasing Agent. ln the event that any term, condition, provision, requirement or specification set forth in the body
<br />of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any
<br />exhibit and/or attachment to this Agreement, the provisions of the body of this Agreement shall prevail. This Agreement
<br />constitutes the entire Agreement between County and Contractor. Further, liability referenced to in Section 6 is limited to
<br />Contractor's negligence during Contractor's performance under this Agreement.
<br />Governinq Law. This Agreement, including any exhibits, and any disputes arising out of this Agreement shall for all
<br />purposes be deemed subject to the laws of the State of California without regard to its choice of law rules, and any lawsuit
<br />concerning or arising out of this Agreement shall be venued in the County of San Mateo.
<br />Jurv Dutv Reouirements. Contractor agrees that if this Agreement is amended to a total value exceeding one hundred
<br />thousand dollars ($100,000.00), Contractor shall comply with Chapter 2.85 of the County's Ordinance Code.
<br />Electronic Siqnature. lf both County and Contractor wish to permit this Agreement and future documents relating to this
<br />Agreement to be digitally signed in accordance with California law and County's Electronic Signature Administrative Memo,
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<br />REV: 09-04-14 MLG
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<br />ATTY/AGR/2014.163/COUNTY OF SAN MATEO
<br />7.1.B. - Page 7
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