DOMESTIC PARTNERSHIP ORDINANCE QUESTIONS AND ANSWERS (Q s and A s)

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1 DOMESTIC PARTNERSHIP ORDINANCE QUESTIONS AND ANSWERS (Q s and A s) 1. Should the bid/rli/rfp process be started earlier to accommodate this new requirement? If so, how much sooner would Purchasing suggest? The Domestic Partnership Ordinance, when applicable, should not impact any of the current timelines to process a formal solicitation. 2. Which agency will enforce this ordinance? The Purchasing Division will address any responsiveness issue of the Ordinance after receipt of responses to a solicitation, if and when applicable. The Contract Administrator will address any issues with contractor s compliance of the Ordinance. 3. If a contractor certifies that they provide/will provide Domestic Partner benefits, who will audit the contractor to assure compliance? Typically, contracts include the County s standard auditing provision which should be followed. 5. For those vendors with companies small enough that they do not have to comply with the Domestic Partnership Act, will there be any language in contracts that require vendors to notify the County if their business grows to 5+ employees? If the business grows will they be required to provide Domestic Partner benefits? The vendor/company is only evaluated at the time it responds to a competitive solicitation. 6. If an employee of a contractor has a complaint or needs to report an alleged violation of the ordinance, what process is in place to review and resolve a complaint? The ordinance does not contain a complaint process. However, if information is provided to the County that evidences non-compliance, a vendor could be found to be in breach of its contract, and potentially terminated and/or debarred. 7. How is domestic partner coverage to be accounted for in instances involving contractors/vendors having multi-jurisdictional collective bargaining agreements where those agreements cover larger regions beyond just Broward County? Examples: Teamsters, Operating Engineers, International Longshoremen s Association, Seafarer s International Nationwide and regional contracts. In order to answer this question, more specific example(s) need to be provided. 8. How do we interpret a contract valued at over $100,000? Is this the budgeted amount, total potential amount, annual amount? The contract value will be based on the initial term only. If the value of the good or service is to exceed $100,000 during the initial term, then the Domestic Partnership Requirement is applicable. 9. Does it apply to Request for Quotes? It applies to a Request for Quotes if the contract value is over $ 100,000.

2 10. How do you interpret five (5) employees if part-time employees are involved? Since the domestic partnership requirements are based upon benefits and benefits are traditionally only applied to full time employees, it is reasonable to apply the five (5) employee requirement to full time employees. 11. If the FAA, FDOT, EPA etc. has a geographic preference prohibition, does it apply? The regulations of each federal program must be evaluated. If prohibited by federal law, the domestic partnership requirements would not apply. 12. Does it apply to subcontractors? 13. How does it apply to agencies that have a solicitation process but are not subject to the Procurement Code and/or utilize Purchasing? As long as an exemption applies, the requirements would not apply. 14. Does the vendor have to have a certain type of insurance? However, the vendor must provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses. Benefits include the types of benefits described in section 16½-156 of this Act. 15. Can the vendor provide the Certification form after bid opening but before contract award? The certification form must be submitted at time of submittal. Failure to provide such certification shall result in a Contractor being deemed non-responsive. 16. What are the requirements of the cash benefit exemption? The Contractor provides an employee the cash equivalent of benefits because the Contractor is unable to provide benefits to employees Domestic Partners 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 rather than providing benefits to the employee s Domestic Partner. The cash equivalent is equal to the employer s direct expense of providing benefits to an employee s spouse. 17. What are the exemptions? The Vendor employs less than five (5) employees. The Vendor is a governmental entity, not-for-profit corporation, or charitable organization. The Vendor is a religious organization, association, society, or any non-profit charitable or educational institution.

3 The Vendor does not provide benefits to employees spouses. The Vendor provides an employee the cash equivalent of benefits. More than one response to a competitive solicitation is received, but the responses indicate that none of the prospective vendors can comply with the requirements. The provisions of this section would violate the laws, rules, or regulations of federal or state law (for example, section , Florida Statutes, Consultants Competitive Negotiation Act). 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. The Board waives the requirements of this section in the best interests of the County. 18. When is this effective? This ordinance is effective on November 15, Does it apply to current contracts? New amendments? Pending solicitations? This section shall be applicable to Contracts awarded pursuant to competitive solicitations issued after the effective date of this ordinance. 20. What happens if the vendor does not comply? Failure to provide such certification shall result in a Contractor being deemed nonresponsive. 21. What happens if the insurance coverage lapses? If known to the County, the vendor would be in breach of its contract and could be terminated and/or debarred. By way of the certification, the vendor certifies coverage for the life of the contract. 22. Does it apply to CCNA contracts? 23. Does the Domestic Partnership have to be registered in Broward County? 24. If not, where does the Domestic Partnership need to be registered? It can be registered wherever the company is located or wherever the employee is located. 25. What if your business, city, county or state does not register Domestic Partnerships?

4 A business can establish its own internal registry. 26. Can this requirement be waived? Yes. The Board can waive the requirement if it is in the best interest of the County. 27. Does it apply to grants? Government contracts? 28. What types of penalties are imposed if a vendor under contract is found non-complaint? The failure of the Contractor to comply with this section shall be deemed to be a material breach of the contract, entitling the County to pursue any remedy stated below or any remedy provided under applicable law. The County may terminate the Contract if the Contractor fails to comply with this section. The County may retain all monies due or to become due until the Contractor complies with this section. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in Chapter 21 of the Broward County Administrative Code. 29. What does the Certification need to look like? The Certification must be a written document in which the vendor certifies it has complied with the Domestic Partnership Ordinance. See County Certification Form. 30. Is there a cure period? 31. If the cash equivalent is provided, what type of affidavit is necessary? The Contractor must provide a notarized affidavit (sworn statement) stating the efforts it took to provide the benefits and the amount of the cash equivalent. 32. Who decides if the vendor meets the requirement? Depending upon the method of solicitation and approval authority, it could be Purchasing, the Selection Committee, or the Board. 33. Does it apply to piggybacks? 34. Will the Domestic Partner Tie Breaker apply if this new Ordinance doesn t apply for any reasons? Yes. 35. Are there any exceptions to the new Ordinance such as Sole Source or Emergency Procurements? Yes. This ordinance only applies to a Contractor awarded a Contract pursuant to a Competitive Solicitation. A Sole Source or an Emergency Procurement is not a Competitive Solicitation.

5 36. Housing Finance and Community Development have hundreds of contracts including contractor with cities, vendors who provide services such as managing contractors for home repair; contracts for grants to non-profits and for profit developers who build or rehab housing; many of these use subs for their base contract with us; how would this apply to these scenarios? Each scenario must be evaluated on a case by case basis. See exemptions listed in # Definition in ordinance states, "Competitive solicitation means any bid, request for proposal, request for letters of interest, or any other method of procurement utilized by Broward County." Does this apply to Referral Rate Agreements (e.g., June 28, 2011, Agenda Item 72)?