Attachment D Equal Benefits Ordinance.pdf

This document is an Equal Benefits Ordinance (EBO) Disclosure and Certification of Compliance form issued by the City of Long Beach for contractors and vendors entering into contracts with the municipality. The EBO requires selected contractors and vendors to comply with nondiscrimination provisions in the provision of employee benefits during contract performance. As a condition of contract award, contractors must provide equal benefits to employees with spouses and domestic partners, including health benefits, bereavement leave, family medical leave, membership and membership discounts, moving expenses, retirement benefits, and travel benefits. The EBO applies to for-profit employers with City contracts valued at $100,000 or more for the purchase of goods, services, public works, improvements, or construction projects, as well as for-profit entities generating $350,000 or more in annual gross receipts from leasing City property under written agreements exceeding 29 days in any calendar year. Contractors subject to the EBO must certify compliance before contract execution by completing the EBO Certification of Compliance Form or obtain a waiver from the City. The City retains the right to access contractor records to verify EBO compliance.

Contractors not receiving a waiver who fail to comply within the designated timeframes may be deemed in material breach of contract, subject to cancellation, termination, suspension, disqualification from future City contracting for three years, assessment of liquidated damages, and pursuit of other available legal remedies. Implementation timelines allow for delays under specific circumstances: up to two years if the contractor submits evidence of reasonable compliance measures; up to three months for administrative infrastructure modifications; or upon expiration of current collective bargaining agreements. The certification form requires contractor information including Federal Tax ID, address, contact details, and compliance questions addressing employee benefits provision and benefit parity between spouses and domestic partners. A cash equivalent payment is permitted only when an employer has made all reasonable efforts to provide domestic partner benefits but cannot locate willing insurance providers. Contractors must provide documentation upon purchase order or contract issuance to verify nondiscriminatory benefit practices.