Equal Benefits Ordinance - Attachment B.pdf
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- Attached to
- Various On-Call Engineering
- Solicitation number
- UD-25-255
- Issued by
- California
About this file
This document is an Equal Benefits Ordinance (EBO) attachment from the City of Long Beach that outlines nondiscrimination provisions required for contractors and consultants entering into agreements with the city. The ordinance, codified in Long Beach Municipal Code section 2.73 et seq., mandates that during contract performance, consultants must provide equal benefits to employees with spouses and employees with domestic partners. Covered benefits include health insurance, bereavement leave, family medical leave, memberships and 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 goods, services, public works, improvements, or construction projects, and to 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.
Consultants subject to the EBO must certify compliance before contract execution by completing the EBO Certification Form or obtain a waiver from the city, and must grant authorized city representatives access to records for verification. Implementation delays are permitted in three circumstances: by the first effective date after the first open enrollment following contract start (not exceeding two years) if reasonable compliance measures are demonstrated; when administrative steps to incorporate nondiscrimination benefits can be completed (not exceeding three months); or upon expiration of current collective bargaining agreements. Failure to comply after applicable delay periods expire constitutes material breach and subjects the consultant to contract cancellation or suspension, disqualification from city contracting for three years, liquidated damages deducted from payments due, and other legal remedies. A cash equivalent payment is permitted when employers demonstrate reasonable efforts to provide domestic partner benefits but cannot secure provider access.
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Text version
ATTACHMENT: EQUAL BENEFITS ORDINANCE
As a condition of being awarded a contract with the City of Long Beach ("City"), the selected Consultant/Consultant ("Consultant") 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 Consultant 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
Consultants 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. Consultants 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. Consultants 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 Consultant/Consultant submits evidence of taking reasonable measures to comply with the EBO; or
2. At such time that the administrative steps can be taken to incorporate nondiscrimination in benefits in the Consultant/Consultant's infrastructure, not to exceed three months; or
3. Upon expiration of the Consultant's current collective bargaining agreement(s).
Compliance with the EBO
If a Consultant 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 Consultant 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 Consultant an irresponsible bidder and disqualify the Consultant from contracting with the City for a period of three years. In addition, the City may assess liquidated damages against the Consultant which may be deducted from money otherwise due the Consultant. The City may also pursue any other remedies available at law or in equity.
By my signature below, I acknowledge that the Consultant understands that to the extent it is subject to the provisions of the Long Beach Municipal Code section 2.73, the Consultant shall comply with this provision.
Printed Name: Title: _ Signature: _ Date:
Business Entity Name: _
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