_I_Equal_Benefits_Compliance_Ordinance.pdf

PDF 146 KB Posted

Attached to
Flooring Job Order Contracts (JOC 2712 and 2713) - Class C15 License
Solicitation number
2027-RFP-00201
Issued by
San Mateo County, California

About this file

This Equal Benefits Compliance Ordinance document from San Mateo County establishes mandatory requirements for contractors entering into County agreements exceeding $5,000 in value. The ordinance prohibits contractors from discriminating in the provision of employee benefits between employees with domestic partners and employees with spouses, requiring equivalent benefit packages unless actual cost differences exist or the contractor cannot extend a particular benefit to domestic partners despite reasonable efforts—in which case cash payment equal to the spouse benefit cost must be provided. The requirements apply to contractor operations within San Mateo County, on County-owned property outside the County, and elsewhere in the United States where work related to County contracts is performed, though subcontractors are exempt from these provisions.

The County Executive's office administers enforcement and has authority to adopt implementing rules, receive violation reports from employees, examine contractor benefit programs, and impose sanctions including contractor disqualification for up to five years, contract termination, liquidated damages of $2,500, and other civil remedies. The Board of Supervisors may waive the ordinance requirements when determined to be in the County's best interest, as can the County Executive for non-Board-approved contracts due to emergency circumstances, sole-source procurement, absence of compliant contractors, grant inconsistencies, or cooperative purchasing agreements. The ordinance applies to all contracts awarded or amended on or after July 1, 2001, with delayed application for contractors under collective bargaining agreements until the next agreement's effective date.

View the file

Other files

File Type Posted
Flooring_Job_Order_Contracts_(JOC_2712_and_2713)_-_Class_C15_License.pdf PDF
Construction_Task_Catalog®_-_Distribution.pdf PDF
Technical_Specifications_-_Distribution.pdf PDF
Using_The_Construction_Task_Catalog®_-_Distribution.pdf PDF
Table_of_Contents_-_Distribution.pdf PDF
_K_Contractor_Employee_Jury_Service_Ordinance_No.4324_Chapter_2.85.pdf PDF
Contractor's_Declaration_Form_JOC_2712_and_2713_-_Flooring.pdf PDF
JOC_2027_Sample_Agreement.pdf PDF
San_Mateo_County_PLA_(executed)_2025.pdf PDF
Bid_Bond_JOC_2712_and_2713_-_Flooring.pdf PDF
Anti-Trust_Laws_Questionnaire_JOC_2712_and_2713_-_Flooring.pdf PDF
JOC_2027_Contract_Documents_General_Conditions_Special_Provisions_final.pdf PDF
PLA_Resolution.pdf PDF
_L_Recycling_and_Diversion_of_Debris_from_Construction_and_Demolition_Ordinance_No._4099_Chapter_4.105.pdf PDF
Payment_and_Performance_Bonds_Sample.pdf PDF
EEO_Questionnaire_for_JOC_2712_and_2713_-_Flooring.pdf PDF
_O_JOC_System_License_and_Fee_Agreement_Sample.pdf PDF
_G_EEO_Certification_of_Compliance.pdf PDF
JOC_2027_Bid_Form_final.xlsx XLSX spreadsheet
EEO_Contractor_Report_Form_JOC_2712_and_2713_-_Flooring.pdf PDF
Standard_Contract_Template_-_Under_$200K_DRAFT.docx DOCX document
_D_EEO_Program_Supplemental_General_Conditions.pdf PDF
Standard_Contract_Template_-_Over_$200K_DRAFT.docx DOCX document
Show all 23

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

EQUAL BENEFITS ORDINANCE Page 1 of 3

EQUAL BENEFITS COMPLIANCE ORDINANCE NO. 4324, CHAPTER 2.84

2.84.010 Definitions

For the purposes of this chapter:

(a) "Contract" means a legal agreement between the County and a Contractor for public works, consulting, or other services, or for purchase of supplies, material or equipment for which the consideration is in excess of $5,000.

(b) "Contractor" means a party who enters into a Contract with the County.

(c) "Contract Awarding Authority" means the Board of Supervisors or the individual authorized by the Board of Supervisors to enter into Contracts on behalf of the County.

(d) "Domestic Partner" means any person who is registered as a domestic partner with the

Secretary of State, State of California registry or the registry of the state in which the employee is a resident.

(e) "Employee Benefits" means the provision of any benefit other than pension and retirement benefits provided to spouses of employees or provided to an employee on account of the employee's having a spouse, including but not limited to bereavement leave; disability, life, and other types of insurance; family medical leave; health benefits; membership or membership discounts; moving expenses; vacation; travel benefits; and any other benefits given to employees, provided that it does not include benefits to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state law. (Ord.

4324, 08/15/06)

2.84.020 Discrimination in the provision of benefits prohibited

(a) No Contractor on a County Contract shall discriminate in the provision of Employee Benefits between an employee with a domestic partner and an employee with a spouse, subject to the following conditions:

1. In the event that the Contractor's actual cost of providing a particular benefit for the domestic partner of an employee exceeds that of providing it for the spouse of an employee, or the Contractor's actual cost of providing a particular benefit to the spouse of an employee exceeds that of providing it for the domestic partner of an employee, the Contractor shall not be deemed to discriminate in the provision of Employee Benefits if the Contractor conditions providing such benefit upon the employee's agreement to pay the excess costs.

2. The Contractor shall not be deemed to discriminate in the provision of Employee Benefits if, despite taking reasonable measures to do so, the Contractor is unable to extend a particular employee benefit to domestic partners, so long as the Contractor provides the employee with a cash payment equal to the Contractor's cost of providing the benefit to an employee's spouse.

(b) The Board of Supervisors may waive the requirements of this Chapter when it determines that it is in the best interests of the County. The County Executive may waive the requirements of this chapter for Contracts not needing the approval of the Board of Supervisors where waiver would be in the best interests of the County for such reasons as follows:

1. Award of a Contract or amendment is necessary to respond to an emergency;

EQUAL BENEFITS ORDINANCE Page 2 of 3

2. The Contractor is a sole source;

3. No compliant Contractors are capable of providing goods or services that respond to the

County's requirements;

4. The requirements are inconsistent with a grant, subvention or agreement with a public agency;

5. The County is purchasing through a cooperative or joint purchasing agreement.

(c) Contractors should submit requests for waivers of the terms of this Chapter to the Contract

Awarding Authority for that Contract, or in the case of Contracts approved by the Board, the

County Executive.

(d) The Contract Awarding Authority, or in the case of Contracts approved by the Board, the

County Executive, may reject an entity's bid or proposals, or terminate a Contract, if the

Contract Awarding Authority determines that the entity was set up, or is being used, for the purpose of evading the intent of this Chapter.

(e) No Contract Awarding Authority shall execute a Contract with a Contractor unless such

Contractor has agreed that the Contractor will not discriminate in the provision of Employee

Benefits as provided for in this Chapter. (Ord. 4324, 08/15/06)

2.84.030 Application of Chapter

The requirements of this Chapter shall only apply to those portions of a Contractor's operations that occur (a) within the County; (b) on real property outside of the County if the property is owned by the County or if the County has a right to occupy the property, and if the Contractor's presence at that location is connected to a Contract with the County; and (c) elsewhere in the

United States where work related to a County Contract is being performed. The requirements of this Chapter shall not apply to subcontracts or subcontractors of any contract or Contractor.

(Ord. 4324, 08/15/06)

2.84.040 Powers and duties of the County Executive

The County Executive's office shall have the authority to:

(a) Adopt rules and regulations, in accordance with this Chapter and the Ordinance Code of the

County of San Mateo, establishing standards and procedures for effectively carrying out this

Chapter.

(b) Receive notification from employees of Contractors regarding violations of this Chapter.

(c) Determine and recommend to the Board of Supervisors for final decision the imposition of appropriate sanctions for violation of this Chapter by Contractors including, but not limited to:

1. Disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 5 years; and;

2. Contractual remedies, including, but not limited to termination of contract;

3. Liquidated damages in the amount of $2,500;

(d) Examine Contractors' benefit programs covered by this chapter;

(e) Impose other appropriate contractual and civil remedies and sanctions for violations of this chapter;

EQUAL BENEFITS ORDINANCE Page 3 of 3

(f) Allow for remedial action after a finding of non-compliance, as specified by rule;

(g) Perform such other duties as may be required or which are necessary to implement the purposes of this Chapter. (Ord. 4324, 08/15/06)

2.84.050 Date of Application

The provisions of this Chapter shall apply to any Contract awarded or amended on or after July

01, 2001, provided that if the Contractor is then signatory to a collective bargaining agreement, this Chapter shall only apply to any Contract with that Contractor which is awarded or amended after the effective date of the next collective bargaining agreement. (Ord. 4324, 08/15/06)

File details come from the government source that posted it. Updated .