Department of Financial Management 411 West Ocean Boulevard, 6th Floor

Long Beach, CA 90802

(562) 570-6425

April 2, 2026

NOTICE TO PROPOSERS

ADDENDUM NO. 1: Q&A

RFP No. PW-26-714 Citywide Parking and Operations Management Services

This addendum changes and supersedes the language in the original RFP. Please acknowledge receipt of this addendum by signing and submitting with your proposal. Any proposer who fails to submit this addendum may be disqualified.

The City would like to remind Proposers that pursuant to Section 5.2.25 of the RFP, the City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the City Contact.

The City would like to provide the following updates:

• Mandatory Pre-Proposal Meeting Slide Deck and Attendance Log attached and uploaded to Long Beach Buys.

• Attachments A Authorization and Certification attached and uploaded to Long Beach Buys.

• Attachment B Equal Benefits Ordinance attached and uploaded to Long Beach Buys.

• Updated Attachment C Cost Proposal uploaded to Long Beach Buys.

The questions and answers are as follows:

1. Q: Our client submitted a proposal for the same services early last year and did not hear back. We are trying to understand why the RFP was reissued and if there is any relevant information that should be considered as we resubmit a response for the new RFP.

A: The City's previous intention was to solicit two separate RFPs, one for operations and one for maintenance. There were unexpected concerns from the City Attorney's Office and Labor Compliance Division and as a result, the City had to resolicit a single RFP with two scopes of work to allow for both options.

Proposers should be familiar with the new RFP now that it has been updated, though the updates are not dramatically different than the previous version. Please note, there is a mandatory meeting on 03/19 and the City can answer additional

Addendum No. 1 RFP PW-26-714 questions there. Attendance is mandatory in order to be allowed to submit a proposal.

2. Q: Is the current vendor providing the Scope of Work in Option 2?

A: The current vendor is not providing all services at this time. Previously some of the work was being completed before the City self-corrected to get up to code and compliance.

3. Q: Is the City looking to award both scopes to one or multiple vendors?

A: The City intends to only award one vendor, either for Option 1 or Option 2.

4. Q: For walk throughs at the parking facilities, do we need to coordinate?

A: Public areas are always accessible. However, you may coordinate with RFPPurchasing@longbeach.gov if you’d like.

5. Q: Would the City agree to a mutual contract cancellation provision with 30 days’ written notice?

A: The City would require a minimum 90 days’ written notice.

6. Q: Are we permitted to negotiate any contractual terms?

A: Yes. Attachment A Authorization and Certification must be signed and submitted by all proposers. It includes a section where exceptions to the RFP’s terms and conditions must be disclosed, if applicable.

7. Q: Are the cover page, cover letter, and table of contents included within the 20-page narrative limit?

A: No.

8. Q: Are the Proposer Contact Information sheet, references sheet, or any other mandatory attachments included within the 20-page narrative limit?

9. Q: Is the vendor required to provide maintenance pricing for all services listed under the maintenance section? Given the proposal timeline, we believe there may be limited opportunity to complete site walks and prepare accurate quotes. If maintenance quotes are required, we would need a complete equipment asset list (e.g., elevators, fire and life safety systems, HVAC, tree inventory, etc.), and vendor site walks would be necessary.

mailto:RFPPurchasing@longbeach.gov

A: In lieu of a complete inventory of all locations, please provide unit pricing, i.e.

cost to maintain single HVAC unit, cost to maintain tree, etc.

10. Q: Please confirm whether only the Prime Vendor (Pairing Vendor) is required to hold the appropriate Contractor’s License, or if subcontractors must also be licensed.

A: All contractors and subcontractors must hold the appropriate CSLB license.

11. Q: Are Option 1 and Option 2 to be submitted as separate proposals?

A: Yes, but proposers may upload as a single file. Proposers should clearly label their document(s) so it is clear which Option(s) they are proposing on. Zip files are also acceptable.

12. Q: We noticed the following mandatory attachments appear to be missing from the portal: Authorization & Certification and Equal Benefits Ordinance Form.

A: These were accidentally omitted. They are attached to this addendum and have been uploaded on Long Beach Buys.

13. Q: How will the City properly assess and equally score the RFP responses if a

Contractor includes a proposal for Option 1, but not Option 2 and vice versa?

A: All proposals, for one or both option(s), will be evaluated against the evaluation criteria specified in the RFP. The City intends to only award one vendor, either for Option 1 or Option 2.

14. Q: Will there not be an inherent advantage to a Contractor who is able to satisfy the Scope of Work included in Option 2 versus bidding contractors who only include a proposal for Option 1?

A: There is no inherent advantage or disadvantage for bidding on one or both scopes of work. The award(s) will be made based on what is proposed and what is in the City’s best interest after evaluation based on the evaluation criteria specified in the RFP. The City intends to only award one vendor, either for Option 1 or Option 2.

15. Q: Will the City potentially choose two separate Contractors: one for Parking Management for Option 1 and another Contractor for satisfying Option 2’s Maintenance Services?

A: See Answer to Question 3.

16. Q: For Option 2, why is a California State Contractor’s License required for performing work that will ultimately be subcontracted to qualified entities such as Plumbing, HVAC and Elevator repairs companies?

A: The Awarded Contractor(s) shall hold and maintain, at the time of proposal submittal and continuously throughout the term of the Contract, all valid and active California State License Board (“CSLB”) license classifications required to perform the Work. This requirement applies to the Contractor irrespective of whether the Work is performed by the Contractor directly or through subcontractors.

17. Q: What are the responsibilities of the Maintenance employees who are included in Exhibit E, Sample Staff Plan?

A: Please refer to Section 12 of the Scope of Work Exhibits.

18. Q: Is the work that the Maintenance employees that are included in Exhibit E

Sample Staff Plan meant to satisfy the Option 1 Scope of Work (Parking Management), or the Option 2 Scope of Work (Maintenance)?

A: Option 1.

19. Q: Is the incumbent currently providing the Parking Management services included in Scope of Work Option 1 and Maintenance Services for Scope of Work Option 2?

A: The incumbent is currently only providing services for Scope of Work Option 1.

20. Q: Is the incumbent in possession of a California State Contractor’s License?

A: This is unknown to the City.

21. Q: Who manages the parking enforcement of the City owned surface lots?

A: Parking Enforcement is handled by the Street Sweeping and Parking Enforcement Division within the Transportations Services Bureau of the Public Works Department

22. Q: Is there any interest from the City in updating the Surface Lots to being “Pay by

Plate” instead of “Pay and Display”? Payment by plate allows for enhanced operational efficiencies with LPR Enforcement.

A: This has been discussed. Since enforcement is handled internally, the impact to the chosen operator will be minimal if this switch is made.

23. Q: Please expand on the duties of the parking Contractor’s staff from Exhibit M- Special Events? How many employees are required per event and what are their duties?

A: Please refer to Section 8.4 of the Scope of Work Exhibits. The Cost Proposal template has been updated to include a line for special event staff. This can be a fully loaded rate for one staff.

24. Q: Should the cost for labor and supplies for accomplishing the scope of work in Exhibit M- Special Events be included in our Attachment C- Cost Proposals?

A: Yes. Updated Attachment C – Cost Proposal attached with an updated line for special events staff.

25. Q: Please clarify, are the Mobile Maintenance Attendants included in Exhibit E providing Maintenance of the Surface Lots?

A: Yes.

26. Q: How long has the current Contractor been providing services for both Scope of

Work Option 1 and Scope of Work Option 2?

A: The current contract began on December 5, 2017.

27. Q: Is the City interested in any alternative Mobile Payment Technology to update from Passport?

A: Since this is not within the scope of the RFP any documents related to this topic can be included as an attachment.

28. Q: Does the City offset any Transaction Fees for paying by Mobile Payment via Passport?

29. Q: Where in Attachment C- Cost Proposals should our Estimated Event Labor for

Exhibit M go?

A: See Answer to Question 24.

30. Q: For Exhibit D “Security Services Plan”, should all bidders include the

$1,250,056.08 Annual Amount as Part of our Attachment C-Cost Proposals?

A: No. Exhibit D is just a sample. Proposers should input their own cost in Attachment C.

31. Q: Are the Maintenance Positions included in Exhibit E - Sample Staff Plan (including Mobile Maintenance) intended to satisfy the Scope of Work for Option 1 or Option 2?

A: Option 1.

32. Q: Please define what type of vehicle(s) is/are required for this contract.

A: This is at the Contractor’s discretion.

33. Q: Is regional support considered a reimbursable expense?

A: Yes if it is included in Attachment C.

34. Q: Are external and internal audits considered reimbursable expenses?

35. Q: Please elaborate regarding the scope of work required for the external audit.

A: Please refer to Section 15.2 of Exhibit A.

36. Q: Who will be the merchant of record for all parking revenues?

A: Typically, the City of Long Beach.

37. Q: Are individual financial reports required for each location? Or is a consolidated report acceptable?

A: Individual reports are required.

38. Q: If the operator is the merchant of record: a. Will revenues be required to be wired daily or monthly? b. Can the operator have one account or does the City prefer multiple accounts for each location’s revenue streams?

A: Revenues will be required monthly. Revenue needs to be recognized by location.

39. Q: Are employee performance bonuses considered reimbursable expenses?

A: This will be addressed between the City and Awarded Contractor on a case by case basis.

40. Q: In the pricing workbook, how do we show the hourly increases effective 1/1/27 in year one? If pay rates change effective 1/1, should a second line be added with the annual hours split (1040/1040) that show annual hours associated with each pay rate within year 1?

A: The hourly increase does not need to be reflected. Please show year one pricing as static.

41. Q: Is the City or the operator responsible for claims?

A: Operator.

42. Q: Can we include a deductible for claims (Loss and Damage/GKL)?

A: This will be discussed during final negotiations.

43. Q: Is the performance bond a reimbursable expense?

A: This will be discussed during final negotiations.

44. Q: Regarding Option 2, since parking management companies do not typically possess contractor’s licenses, especially for every classification listed under Exhibit L, would the City consider the operator possessing one or more type(s) of licenses with the ability to subcontract trades requiring the other types?

A: The Awarded Contractor(s) shall hold and maintain, at the time of proposal submittal and continuously throughout the term of the Contract, all valid and active California State License Board (“CSLB”) license classifications required to perform the Work. This requirement applies to the Contractor irrespective of whether the Work is performed by the Contractor directly or through subcontractors.

PREPARED BY: Tommy Ryan, Administrative Analyst III

ACKNOWLEDGED BY: _______________________________________________

Company Name

Print Name Title

Signature Date

RFP PW-26-714 Pre-Proposal Attendance Firm Name Email ABM Justin Monteleone justin.monteleone@abm.com ABM Justine Lopez justine.lopez@abm.com ABM Parking Stan Bochniak stan.bochniak@abm.com ACE Parking Mark Raymond mraymond@aceparking.com Arrive Thomas Burton thomas.burton@arrive.com LAZ Parking Maria Ayala mayala@lazparking.com LAZ Parking Matt Laferriere mlaferriere@lazparking.com LAZ Parking Peter Cho pcho@lazparking.com LAZ Parking Conrad Midolo cmidolo@lazparking.com LAZ Parking Muhammad Mansoor mmansoor@lazparking.com LAZ Parking Rio Lupisan rlupisan@lazparking.com Metropolis Ernesto Rennella erennella@metropolis.io Parking Concepts, Inc. Rafael Abanilla rabanilla@parkingconcepts.com Parking Concepts, Inc. Peter Martil pmartil@parkingconcepts.com Parking Concepts, Inc. Shoaib Umar sumar@parkingconcepts.com PCAM, LLC Aaron Chaves aaronchaves@parkpca.com PTMP Laura Lierz llierz@reimaginedparking.com VPNE Parking Solutions Steven Ramos sramos@vpne.com VPNE Parking Solutions Nick Fechisso nfechisso@vpne.com mailto:stan.bochniak@abm.com mailto:mraymond@aceparking.com mailto:mayala@lazparking.com mailto:mlaferriere@lazparking.com mailto:pcho@lazparking.com mailto:rlupisan@lazparking.com mailto:aaronchaves@parkpca.com

Request for Proposals RFP-PW-26-714

Citywide Parking Operations & Management Services RFP

03/19/26 Mandatory Pre-Proposal Meeting

Public Works Department

Citywide Parking Operations & Management Services

This RFP includes two (2) bidding options

• Two (2) bidding options:

• Option 1 – scope of services shall be limited to activities that do not require a California State License

Board (CSLB) license

• Option 2 – scope of services shall include activities that require a California State License Board (CSLB) license

• Proposers may submit for either or both options, provided they possess the appropriate licenses and qualifications for each Option submitted

• A proposer may submit proposals for one (1) Option or both Options; however, to be considered for both, the proposer must submit two (2) separate and complete proposals, one for each Option.

• Proposers must have appropriate licenses and qualifications for each option submitted

• Detailed Scope of Work: Section 2, Exhibits A-1 and A-2

SOW for Option 1

• Scope of services shall be limited to activities that do not require a California State License Board (CSLB) license

• Day-to-day management and oversight of City parking lots and garages

• Examples: janitorial services, internal traffic control, sweeping, fire alarm testing, posting temporary signage (e.g., paper notices)

• Any services or scope of work that require a CSLB license shall be excluded from the operator’s responsibilities and shall be performed and/or managed directly by the City or by separate City-contracted vendors holding the appropriate licenses.

SOW for Option 2

• The scope of services shall include activities that require a California State License Board (CSLB) license, including, but not limited to,

• Minor and routine maintenance services include, but are not limited to:

• HVAC maintenance, light fixture maintenance, plumbing services, landscaping services, irrigation services, tree trimming services, power and pressure washing, signage maintenance, facility numbering and striping, bollard repair and installation, minor concrete spall repairs, wheel stop and speed bump repair or installation, minor structural maintenance (including painting and fence repairs), and Fire Marshal–required inspections and maintenance, including fire alarms, sprinkler and standpipe systems, fire extinguishers, and fire pumps.

• The operator shall possess the appropriate CSLB license(s) to self-perform such services or may subcontract the work to properly licensed subcontractors

• All services shall be performed in compliance with applicable codes, regulations, and City standards.

This SOW is for Option 2 – Continue

• The Awarded Contractor(s) shall hold and maintain, at the time of proposal submittal and continuously throughout the term of the Contract, all valid and active California State License Board (“CSLB”) license classifications required to perform the Work.

• Such license classifications shall include, at a minimum, the license classification(s) identified in Exhibit “L” for the applicable services to be performed under this Contract.

• This requirement applies to the Contractor irrespective of whether the Work is performed by the Contractor directly or through subcontractors.

• The Contractor shall independently possess and maintain any CSLB license classification required for the Work, including license classification required of a subcontractor under Exhibit “L.”

• The Contractor’s use of subcontractors shall not relieve, satisfy, or diminish the Contractor’s independent obligation to hold and maintain the required CSLB license classification(s) at all times during the Contract term.

Citywide Parking Operations & Management Services "Labor Compliance"

State Labor Compliance Requirements (State of California)

• This RFP shall be subject to State of California Prevailing Wage regulations (Labor Code § 1720).

• All workers employed on this public works project must be paid the prevailing wage determined by the Director of the Department of Industrial Relations (DIR).

• The prevailing wage rage for this project is CA LOS 2026-1. Please refer to RFP sections for additional information:

• Section 5.4 "Terms & Conditions" of the RFP

• Pages 34-36

• Please submit addendum questions during the Q&A process regarding prevailing wage for this RFP.

Citywide Parking Operations & Management Services "Labor Compliance"

State Labor Compliance Requirements (State of California) - Continue Contractor Registration • All contractors and subcontractors listed in a bid and working on this project must be registered with the DIR, pursuant to Labor Code

§1725.5.

• Bids from unregistered contractors will be deemed non-responsive. Contractors who are required to register but fail to do so are ineligible to bid or work on a public works contract and can be removed from any public works project on which they currently are working. The DIR may also require contractor to pay penalties.

• Prime contractors are responsible for ensuring all tiers of subcontractors are registered.

Prime Contractor Responsibilities The awarded Prime Contractor is responsible for subcontractor compliance to applicable prevailing wage laws.

Apprenticeship Compliance Apprenticeship requirements apply to contracts $30,000 or more, per Labor Code § 1777.5. Requirements include:

• Submittal of Division of Apprentice Standards - DAS 140 and 142 forms.

• Minimum of 1 hour of apprentice work for every 5 hours of journeyman work (per craft).

• Training Fund Contributions (CAC-2) must be paid for every hour worked.

Certified Payroll Records (CPRs) CPRs must be uploaded weekly in LCPtracker and DIR on-line CPR portal. Only Project Labor Agreement covered contracts are exempt from uploading CPRs to DIR.

Pre-Construction Meeting Meeting will be held to review all prevailing wage requirements prior to work commencing.

Labor Compliance Consultant • The City will assign a labor compliance consultant who will monitor the project and support the contactor/vendor with prevailing wage requirements.

• Consultant will request ancillary payroll documents on a monthly basis via “Discrepancy Notice”. It is the prime contractor's reasonability to provide requested documents within the time frame specified in the notice.

• On-site interviews of workers will be performed, at random and without advance notice to the prime contractor.

Labor Compliance Withhold Labor Compliance withholds will be held on progress payments when contractors are noncompliant with requested payroll documents.

For additional resources please see: https://www.dir.ca.gov/Public-Works/PublicWorks.html

Template 24.11.24 | 1

Attachment A: Authorization & Certification I certify that:

i. I am authorized to submit this Request for Proposals on behalf of the Proposer.

a. INDIVIDUAL (Doing Business As): The only acceptable signature is the owner of the company.

(Only one signature is required.)

b. PARTNERSHIP: The only acceptable signature(s) is/are that of the general partner or partners.

c. CORPORATION: Two (2) officers of the corporation must sign; OR the signature of one officer or the signature of person other than an officer is acceptable if the Bid is accompanied by a certified corporate resolution granting authority to said person to execute contracts on behalf of the corporation.

d. LIMITED LIABILITY COMPANY: The signature on the bid must be a member or, if the Articles provide for a manager, must be the manager. (Only one signature is required.)

ii. I have read, understand and agree to comply with the terms and conditions specified in this Request for

Proposal. Any exceptions to the terms and conditions that will be requested have been documented in the table below, Exceptions to Terms & Conditions.

iii. I have read and agree to abide by the requirements in the City of Long Beach Vendor Code of Conduct.

iv. The proposal is submitted as a firm and fixed request valid and open for 90 days from the submission deadline.

v. I understand if I don’t submit all documents required as specified in section 4.2, I will not be considered for the opportunity and deemed nonresponsive. I also have confirmed that I have reviewed the attachments tab in my quote for this proposal in Long Beach Buys and have uploaded and labeled all attachments correctly.

vi. This proposal is genuine, and not a sham or collusive, nor made in the interest or in behalf of any person not herein named; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham proposal and the Proposer has not in any manner sought by collusion to secure for himself or herself an advantage over any other Proposer.

vii. In addition, this organization and its members are not now and will not in the future be engaged in any activity resulting in a conflict of interest, real or apparent, in the selection, award, or administration of a subcontract.

Furthermore, as a current or potential Contractor for the City of Long Beach (City) your firm, through its business relationship with the City, may be the recipient of federal grant funds. As such, the City is required to document that neither your business entity or organization, nor any of your principals are debarred, suspended, ineligible, or have voluntarily been excluded from receiving federal grant funds. Consistent with Executive Order No. 12549 Title

2 CFR Part 180 Subpart C, all potential recipients of federal grant funds are required to comply with the requirements specified below. By submission of this proposal, the undersigned, under penalty of perjury, certifies that the participant, or any of its principals in the capacity of owner, director, partner, officer, manager, or other person with substantial influence in the development or outcome of a covered transaction, whether or not employed by the participant:

i. Are not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any

Federal department or agency;

ii. Have not, within a three (3) year period preceding this bid/agreement/proposal, been suspended, debarred, voluntarily excluded or declared ineligible by a federal agency;

iii. Do not presently have a proposed debarment proceeding pending;

iv. Have not, within a three (3) year period preceding this bid/agreement/proposal, been indicted or convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct;

v. Have not, within a three (3) year period preceding this bid/agreement/proposal, had one or more public transactions (Federal, State, or local) terminated for cause or default.

vi. If reorganization, management turnover, or a shift or change of principals’ status occurs, written notice must be submitted within 21 days. Subsequent disclosure of unfavorable information will be subject to thorough review and remedial action. Updated versions of this certification may be requested on a routine basis.

vii. Where the potential prospective recipient of Federal assistance funds is unable to certify to any of the statement in this certification, such prospective participant shall attach an explanation to the applicable bid/agreement/proposal.

https://www.longbeach.gov/globalassets/city-manager/media-library/documents/ethics-commission/resources/vendor-code-of-conduct-2023

Template 24.11.24 | 2

Name Signature Date

Exceptions to Terms & Conditions

EXCEPTIONS TO TERMS AND CONDITIONS (IF APPLICABLE)

Exceptions to terms and conditions are uncommon, and Proposers are not encouraged to take exception to terms and conditions. However, in the event there are terms that should be reviewed as part of potential negotiation of a final contract, they should be listed here. The City of Long Beach has no obligation to accept any exceptions to terms and conditions. Any award is contingent upon the successful negotiation of final contract terms. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another

Contractor or withdraw the RFP.

Term & Condition Number Explanation of Objection

CERTIFICATION OF COMPLIANCE WITH THE

EQUAL BENEFITS ORDINANCE

Section 1. CONTRACTOR/VENDOR INFORMATION

Name: _____________________________ Federal Tax ID No.: ____________

Address: ________________________________________________________

City:________________________________State: _______ZIP: ____________

Contact Person: ______________________Telephone: ___________________

Email: ______________________________Fax: ________________________

Section 2. COMPLIANCE QUESTIONS

A. The EBO is inapplicable to this Contract because the Contractor/Vendor has no employees. _____Yes _____No

B. Does your company provide (or make available at the employees’ expense) any employee benefits? _____Yes _____No

(If “yes,” proceed to Question C. If “no,” proceed to section 5, as the EBO does not apply to you.)

C. Does your company provide (or make available at the employees’ expense) any benefits to the spouse of an employee?

_____Yes _____No

D. Does your company provide (or make available at the employees’ expense) any benefits to the domestic partner of an employee?

______Yes _____No (If you answered “no” to both questions C and D, proceed to section 5, as the EBO is not applicable to this contract. If you answered “yes” to both Questions C and D, please continue to Question E. If you answered “yes” to Question C and “no” to Question D, please continue to section 3.)

E. Are the benefits that are available to the spouse of an employee identical to the benefits that are available to the domestic partner of an employee?

_____Yes ____No

(If “yes,” proceed to section 4, as you are in compliance with the EBO. If “no,” continue to section 3.)

Section 3. PROVISIONAL COMPLIANCE

A. Contractor/Vendor is not in compliance with the EBO now but will comply by the following date:

_____By the first effective date after the first open enrollment process following the contract start date, not to exceed two years, if the Contractor/Vendor submits evidence of taking reasonable measures to comply with the EBO;

or

_____At such time that the administrative steps can be taken to incorporate nondiscrimination in benefits in the Contractor/vendor’s infrastructure, not to exceed three months; or

_____Upon expiration of the contractor’s current collective bargaining agreement(s).

B. If you have taken all reasonable measures to comply with the EBO but are unable to do so, do you agree to provide employees with a cash equivalent? (The cash equivalent is the amount of money your company pays for spousal benefits that are unavailable for domestic partners.)

____Yes ____ No

Section 4. REQUIRED DOCUMENTATION

At time of issuance of purchase order or contract award, you may be required by the City to provide documentation (copy of employee handbook, eligibility statement from your plans, insurance provider statement, etc.) to verify that you do not discriminate in the provision of benefits.

Section 5. CERTIFICATION

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to bind this entity contractually. By signing this certification, I further agree to comply with all additional obligations of the Equal Benefits Ordinance that are set forth in the Long Beach Municipal Code and in the terms of the contract or purchase order with the City.

Executed this ____ day of ____________, 20__, at _______________, _______

Name: _________________________ Signature: _______________________

Title: __________________________ Federal Tax ID No.: ________________

EBO Disclosure Form (1/10) 1

EQUAL BENEFITS ORDINANCE DISCLOSURE FORM

As a condition of being awarded a contract with the City of Long Beach (“City”), the selected Contractor/Vendor (“Contractor”) may be required during the performance of the Contract, to comply with the City’s nondiscrimination provisions of the Equal Benefits Ordinance (“EBO”) set forth in the Long Beach Municipal Code section 2.73 et seq. The EBO requires that during the performance of the contract, the Contractor shall provide equal benefits to its employees with spouses and employees with domestic partners. Benefits include but are not limited to, health benefits, bereavement leave, family medical leave, membership and membership discounts, moving expenses, retirement benefits and travel benefits. A cash equivalent payment is permitted if an employer has made all reasonable efforts to provide domestic partners with access to benefits but is unable to do so. A situation in which a cash equivalent payment might be used if where the employer has difficulty finding an insurance provider that is willing to provide domestic partner benefits.

The EBO is applicable to the following employers:

For-profit employers that have a contract with the City for the purchase of goods, services, public works or improvements and other construction projects in the amount of $100,000 or more

For-profit entities that generate $350,000 or more in annual gross receipts leasing City property pursuant to a written agreement for a term exceeding 29 days in any calendar year

Contractors who are subject to the EBO must certify to the City before execution of the contract that they are in compliance with the EBO by completing the EBO Certification Form, attached, or that they have been issued a waiver by the City.

Contractors must also allow authorized City representatives access to records so the City can verify compliance with the EBO.

The EBO includes provisions that address difficulties associated with implementing procedures to comply with the EBO. Contractors can delay implementation of procedures to comply with the EBO in the following circumstances:

1) By the first effective date after the first open enrollment process following the contract start date, not to exceed two years, if the Contractor/Vendor submits evidence of taking reasonable measures to comply with the EBO; or

EBO Disclosure Form (1/10) 2

2) At such time that the administrative steps can be taken to incorporate nondiscrimination in benefits in the Contractor/Vendor’s infrastructure, not to exceed three months; or

3) Upon expiration of the Contractor’s current collective bargaining agreement(s).

Compliance with the EBO

If a Contractor has not received a waiver from complying with the EBO and the timeframe within which it can delay implementation has expired but it has failed to comply with the EBO, the Contractor may be deemed to be in material breach of the Contract. In the event of a material breach, the City may cancel, terminate or suspend the City agreement, in whole or in part. The City also may deem the Contractor an irresponsible bidder and disqualify the Contractor from contracting with the City for a period of three years. In addition, the City may assess liquidated damages against the Contractor which may be deducted from money otherwise due the Contractor. The City may also pursue any other remedies available at law or in equity.

By my signature below, I acknowledge that the Contractor understands that to the extent it is subject to the provisions of the Long Beach Municipal Code section 2.73, the Contractor shall comply with this provision.

Printed Name:__________________________ Title:___________________

Signature:_____________________________ Date:___________________

Business Entity Name:____________________________________________