(A) Contractor offering benefits. Except where federal or state law mandates to the contrary, a contractor awarded a contract pursuant to a competitive solicitation shall provide benefits to domestic partners and spouses of its employees, irrespective of gender, on the same basis as it provides benefits to employees' spouses in traditional marriages.
(B) Definitions. For purposes of this section only, the following definitions shall apply:
(1) BENEFITS. The following plan, program or policy provided or offered by a contractor to its employees as part of the employer's total compensation package which may include but is not limited to sick leave, bereavement leave, family medical leave, and health benefits.
(2) CASH EQUIVALENT. The amount of money paid to an employee with a domestic partner or spouse in lieu of providing benefits to the employee's domestic partner or spouse. The cash equivalent is equal to the employer's direct expense of providing benefits to an employee for his or her spouse from a traditional marriage.
(3) COVERED CONTRACT. A contract between the city and a contractor awarded subsequent to the date when this section becomes effective valued at over $25,000 or the threshold amount required for competitive bids as required in § 35.18(A).
(4) DOMESTIC PARTNER. Any two adults of the same or different sex who have registered as domestic partners with a governmental body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partners who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership registry exists. A contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the city.
(5) EQUAL BENEFITS. The equality of benefits between employees with spouses and/or dependents of spouses and employees with domestic partners and/or dependents of domestic partners, and/or between spouses of employees and/or dependents of spouses and domestic partners of employees and/or dependents of domestic partners.
(6) SPOUSE. One member of a married pair legally married under the laws of any state within the United States of America or any other jurisdiction under which such marriage is legally recognized, irrespective of gender.
(7) TRADITIONAL MARRIAGE. A marriage between one man and one woman.
(C) Equal benefits requirements.
(1) All solicitations for covered contracts which are issued on or after the effective date of this section shall include the requirement to provide equal benefits in the procurement specifications.
(2) Certification of contractor. As part of the competitive solicitation and procurement process a contractor seeking a contract covered by division (A) of this section shall certify one of the following:
(a) Contractor currently complies with the requirements of this section;
(b) Contractor will comply with the conditions of this section at the time of contract award;
(c) Contractor will not comply with the conditions of this section at the time of contract award; or
(d) Contractor does not need to comply with the conditions of this section because of an allowable exemption and indicates the exemption as part of the certification.
The certification shall be in writing and signed by an authorized officer of the contractor. Failure to provide such certification shall result in a contractor being deemed non-responsive.
(3) The City Manager or his/her designee shall reject a contractor's certification of compliance if he/she determines that such contractor discriminates in the provision of benefits or if the City Manager or designee determines that the certification was created, or is being used for the purposes of evading the requirements of this section.
(4) The contractor shall provide the city and/or the City Manager or his/her designee, access to its records for the purpose of audits and/or investigations to ascertain compliance with the provisions of this section, and upon request shall provide evidence that the contractor is in compliance with the provisions of this section upon each new bid, contract renewal, or when the City Manager has received a complaint or has reason to believe the contractor may not be in compliance with the provisions of this section. Records shall include but not be limited to providing the city and/or the City Manager or his/her designee with certified copies of the contractor's records pertaining to its benefits policies and its employment policies and practices.
(5) The contractor must conspicuously make available to all employees and applicants for employment the following statement:
"During the performance of a contract with the City of Pembroke Pines, Florida, the Contractor will provide Equal Benefits to its employees with spouses, as defined by Section 35.39 of the City's Code of Ordinances, and its employees with Domestic Partners".
The posted statement must also include a city contact telephone number and email address which will be provided to each contractor when a covered contract is executed.
(D) Exceptions and waivers. The provisions of this section shall not apply where:
(1) The contractor does not provide benefits to employees' spouses in traditional marriages;
(2) The contractor provides an employee the cash equivalent of benefits because the contractor is unable to provide benefits to employees' domestic partners or spouses despite making reasonable efforts to provide them. To meet this exception, the contractor shall provide a notarized affidavit that it has made reasonable efforts to provide such benefits. The affidavit shall state the efforts taken to provide such benefits and the amount of the cash equivalent. Cash equivalent means the amount of money paid to an employee with a domestic partner or spouse rather than providing
benefits to the employee's domestic partner or spouse. The cash equivalent is equal to the employer's direct expense of providing benefits to an employee's spouse;
(3) The contractor is a religious organization, association, society, or any non-profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society;
(4) The contractor is a governmental agency;
(5) The contract is for the sale or lease of property;
(6) The covered contract is necessary to respond to an emergency;
(7) The provisions of this section would violate the laws, rules, or regulations of federal or state law (for example, F.S. § 287.055, Consultants' Competitive Negotiation Act);
(8) The provisions of this section would violate or be inconsistent with the terms or conditions of a grant or contract with the United States or the State of Florida; or
(9) Upon a majority vote, the City Commission may waive compliance of this section under the following circumstances:
(a) Where only one solicitation response is received and the sole bidder does not comply with the requirements of this section.
(b) Where more than one solicitation response is received, but the responses demonstrate that none of the proposers can comply with the requirements of this section and one or more of the solicitation responses received would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the solicitation specifications.
(c) Where the bid price or proposal price as submitted by the lowest responsive bidder which complies with the requirements of this section is at least 5% greater than the lowest bid or proposal submitted by the bidder which does not comply with the requirements of this section but would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the bid specifications.
(d) Best interest of the city as determined by the City Commission.
(E) Contracts. Every covered contract, unless otherwise exempt from this section, shall contain language that obligates the contractor to comply with the applicable provisions of this section. The contract shall include provisions for the following:
(1) The contractor certifies and represents that it will comply with this section during the entire term of the contract.
(2) The failure of the contractor to comply with this section shall be deemed to be a material breach of the contract, entitling the city to pursue any remedy stated below or any remedy provided under applicable law.
(3) The city may terminate the contract if the contractor fails to comply with this section.
(4) The city may retain all monies due or to become due until the contractor complies with this section.
(5) The contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in this chapter.
(F) Applicable dates. This section shall be applicable to contracts awarded pursuant to competitive solicitations issued after the effective date of this section.
(Ord. 1797, passed 11-5-14; Am. Ord. 1924, passed 5-15-19)