Chapter 2.84 — CONTRACTS: EQUAL BENEFITS AND NON-DISCRIMINATION ENFORCEMENT

Editor's note— Ord. No. 04757, § 2, adopted May 24, 2016, in effect repealed the former chapter 2.84, §§ 2.84.010—2.84.050, and enacted a new chapter 2.84 as set out herein. The former chapter 2.84 pertained to contracts—equal benefits and derived from Ord. No. 4324, adopted August 15, 2006.

This chapter shall apply to all agreements for services, or services with goods, entered into by the County.

(Ord. No. 04757, § 2, 5-24-2016)

It is the policy of the County of San Mateo that no party providing services to the County, with or without the provision of goods, via contract shall discriminate in offering benefits to its employees between an employee with a same-sex married spouse and an employee with an opposite-sex married spouse. To that effect, all service contracts with the County shall contain the following statement or one to similar effect: "Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Contractor's employee is of the same or opposite sex as the employee." This statement in any given contract may be modified or omitted pursuant to County policies.

(Ord. No. 04757, § 2, 5-24-2016)

(a)

All contracts for services entered into with the County, with or without the provision of goods, shall contain the following language or language to similar effect:

Violation of the non-discrimination provisions of this agreement shall be considered a breach of this agreement and subject the contractor to penalties, to be determined by the County Manager, including but not limited to the following:

(i)

Termination of this agreement;

(ii)

Disqualification of the Contractor from proposing for or being awarded a County contract for a period of up to three (3) years;

(iii)

Liquidated damages of two thousand five hundred dollars ($2,500.00) per violation; and

(iv)

Imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.

To effectuate the provisions of this paragraph, the County shall have the authority to set off all or any portion of the amount described in this paragraph against amounts due to contractor under this agreement or any other contract between contractor and County.

Contractor shall also report to the County the filing by any person in any court any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity charged with the investigation of allegations of discrimination within seventy-five (75) days of such filing, provided that within such seventy-five (75) days such entity has not notified contractor that such charges are dismissed or otherwise unfounded. Such notification to County shall include a general description of the allegations and the nature of specific claims being asserted. Contractor shall provide County with a statement regarding how it responded to the allegations within sixty (60) days of its response and shall update County regarding the nature of the final resolution of such allegations.

(b)

This language in any given contract may be modified or omitted pursuant to County policies. The Board of Supervisors may authorize such waiver or modification for contracts exceeding the threshold set forth in California Government Code Section 25502.5 when it is in the best interests of the County. The County Manager, or the County Manager's designee, may authorize such waiver or modification for contracts that do not exceed the threshold set forth in California Government Code Section 25502.5 when it is in the best interests of the County, or as otherwise authorized by the Board of Supervisors.

(Ord. No. 04757, § 2, 5-24-2016; Ord. No. 04837, § 1, 11-17-2020)

The provisions of this chapter shall apply to any service contract executed or amended by the County on or after July 1, 2016.

(Ord. No. 04757, § 2, 5-24-2016)