07-26-13-ebo~18.pdf

This document is an Equal Benefits Ordinance (EBO) Disclosure Form and Certification of Compliance issued by the City of Long Beach requiring contractors and vendors to comply with nondiscrimination provisions regarding employee benefits. The EBO applies to for-profit employers holding City contracts valued at $100,000 or more for goods, services, public works, or improvements, and for-profit entities generating $350,000 or more in annual gross receipts from leasing City property under written agreements exceeding 29 days. During contract performance, contractors must provide equal benefits to employees with spouses and employees with domestic partners, including health insurance, bereavement leave, family medical leave, membership discounts, moving expenses, retirement benefits, and travel benefits. Contractors subject to the EBO must certify compliance before contract execution by completing the disclosure form or obtaining a waiver from the City, and must allow authorized City representatives access to records for verification purposes.

The EBO allows three circumstances for delayed implementation: by the first effective date after the first open enrollment process following contract start, not exceeding two years, if the contractor submits evidence of reasonable compliance efforts; within three months for administrative steps to incorporate nondiscrimination in benefits infrastructure; or upon expiration of the contractor's current collective bargaining agreement. Contractors may provide a cash equivalent payment equal to the amount paid for spousal benefits unavailable to domestic partners if they have taken all reasonable measures to comply but are unable to do so. Failure to comply with the EBO after the implementation deadline without an approved waiver may result in material breach of contract, contract cancellation or suspension, disqualification from City contracting for three years, and assessment of liquidated damages. The form requires contractor information, federal tax identification number, and signed certification under penalty of perjury that the contractor understands and will comply with the EBO provisions outlined in Long Beach Municipal Code section 2.73.