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13. Eaual Benefits. With respect to the provision of benefits to its employees,Contractor shall comply with Chapter 2.84 of the
<br /> Caunty 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, In order to meet the requirements of Chapter 2.84,
<br /> Contractor must certify which of the following statements is/are accurate:
<br /> ❑ Contractor complies with Chapter 2.84 by:
<br /> ❑ offering the same beneflts 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 o�does not provide
<br /> benefits to employees'spouses.
<br /> ❑ Contractor does not comply with Chapter 2.84, and a waiver must be sought.
<br /> 14. Historv of Discrimination. Contractor must check one of the 1wo following options, and by executing this Agreement,
<br /> Contractor certifles that the option selected is accurate:
<br /> ❑ No finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment
<br /> Opportuniry Commission, Fair Employment and Housing Commission, or any other investigative entity.
<br /> ❑ Finding(s)of discrimination have been issued against CoMractor within the past 365 days by the Equal Employment
<br /> Opportunity Commissicn, Fair Employment and Housing Commission,or other investigative entity. If this box is
<br /> checked, Contractor shall provide County with a written explanation of the outcome(s)or remedy for the discrimination.
<br /> 15. 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 /> 16. Heslth Insurence PortabiQtv and Ac�Q�tab�litv Act of 19�(HlPAA1s One of the following responses must be selected
<br /> by the Department. Is the Contractor a Business Associate? � Yes ff�No
<br /> If"Yes"is checked,then the following requirements apply and Attachment H must be included: Contractor shall perform a{I
<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 /> 17. Comulia�,ce witl�Stat�.Federai.and��Lav�►s.Restal�tlons.and OrdMances. 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 certifications 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 /> 18. Mers�er Clause. 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 co�rectly states the rights,duties,and obligations of
<br /> each party as of this documenYs date. Any prior agreement, promises, negotiations,or representations belween 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. In 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 Contra�tor's perFormance under this Agreement.
<br /> 19. Governina Law.This Agreement, including any exhibits, and any disputes arising out of this Agreement shalt 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 /> 20. Jurv Dutv Reaulrements. 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 /> 21, Electronic Si9nature. If both County and Contractor wish to permit this Agreement and future dxuments reiating 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
<br /> ATTY/AGR/2014.163/COUNTY OF SAN MATEO
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