Animal Disposal Service Final~2.pdf

2022-10-06 Page 1 of 23 Confidential

*1061425-34-1-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*1*24***] Powered by ASC

City of

Long Beach Request for Proposals Number

PR-22-138 Animal Disposal Service http://www.ascnet.com/

2022-10-06 Page 1 of 23 Confidential

*1061425-34-1-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*1*24***] Powered by ASC

Overview

Summary

Animal Disposal Services

Key Dates

Release Date: November 9, 2022

Questions Due to the City: 11:00 AM on November 17, Answer Due from the City: November 29, 2022

Proposals Due: 11:00 AM on December 13, 2022

The City reserves the right to modify these dates at any time, with appropriate notice to prospective

Contractors.

Proposal Information

Instructions for what to include in your proposal and how to submit it are detailed in Section 4.

Proposals must be submitted electronically via the

City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/view/logi n/login.xhtml.

Official Contact rfppurchasing@longbeach.gov

All communication with the City related to this RFP must be directed to the contact listed above.

mailto:rfppurchasing@longbeach.gov

2022-10-06 Page 2 of 23 Confidential

*1061425-34-2-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*2*24***] Powered by ASC

Contents 1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Selection Process & Timelines

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Protest Procedures

2022-10-06 Page 3 of 23 Confidential

*1061425-34-3-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*3*24***] Powered by ASC

1 The Opportunity

1.1 Project Summary

The City of Long Beach, Animal Care Services (LBACS) is requesting proposals from qualified organizations, to provide Animal Disposal Service to LBACS. Contractor will pick up, remove, and dispose of deceased animal carcasses from Animal Care Services filled storage containers.

1.2 Background

The selected contractor must demonstrate the ability to provide deceased animal disposal services at

7700 E. Spring Street, Long Beach. Contractor must also provide documentation and history demonstrating ability to provide such services. Deceased Animal Disposal Services includes, but is not limited to, scheduled pickup of deceased animals, disposal services, furnishing of 55 gallon steel storage drums, and providing special services, not limited to, pickup and disposal of large deceased animals from non-shelter locations.

Problem Statement: Based on recent statistics, LBACS estimates the annual average number of deceased animals needing disposal is 2,000 small animals per year.

1.3 Goals

The goal is to keep LBACS facilities and other sites as needed from storing and disposing of deceased animal carcasses. LBACS desires to have carcasses picked up from its facilities and other sites as needed.

1.4 Award Terms

This contract will be for a period of two years with the option to renew for three additional one-year periods. The total contract term will not exceed five years.

2 Scope of Work

2.1 Description of Services

Contractor will furnish fifty-five (55) gallon steel storage containers appropriate for storing deceased animals at all LBACS facilities. Contractor will maintain and replace storage containers as necessary to guarantee containers are serviceable.

Contractor will pick up, remove, and dispose of deceased animal carcasses from LBACS facility filled storage containers on a weekly basis

Contractor will provide special services as needed, within twenty-four (24) hours of request by

City, including, but not limited to:

• the direct pickup of animals on private property,

• removal and disposal of large deceased animals from locations other than LBACS facilities, and

2022-10-06 Page 4 of 23 Confidential

*1061425-34-4-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*4*24***] Powered by ASC

• unscheduled, additional pickup(s) of deceased animals from LBACS facilities due to unexpected need, such as high volume.

Any Special Services performed by the Contractor which were not specifically requested or approved by the LBACS, may be paid at the discretion of the City of Long Beach. Contractor shall submit a monthly invoice to LBACS, detailing all pick-ups.

The Contractor will take possession and assume sole responsibility for storage, processing, and disposal of all deceased animal carcasses retrieved from LBACS, or as a result of Special Services requested by the LBACS.

Contractor will use reasonable efforts to initiate “green” practices for environmental and energy conservation benefits.

Contractor will notify City’s Project Manager of Contractor’s current and new green initiatives prior to the contract commencement.

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the awarded contractor during the contract. This list is an indication of the performance metrics of interest to the

City, and is not exhaustive or final. As a part of a response to this RFP, Proposers may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be negotiated by the successful Proposer and the City prior to the finalization of an agreement between parties, and may be adjusted over time as needed.

METRIC DESCRIPTION TARGET DATA SOURCE

1. Number of useable empty containers left at LBACS

Contractor shall furnish 55-gallon steel storage container weekly Number shall be noted on monthly invoice

2. Number of non-empty containers emptied or removed

Contractor shall pick up, remove, and dispose of deceased animal carcasses from each LBACS facilities’ filled storage containers on a weekly basis weekly Number shall be noted on monthly invoice

2022-10-06 Page 5 of 23 Confidential

*1061425-34-5-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*5*24***] Powered by ASC

2.2.2 Contract Management

The Contractor will establish and utilize a comprehensive Quality Control Plan to assure the City of Long

Beach a consistently high level of service throughout the term of the Contract. The Plan will be submitted to the City Contract Project Monitor for review. The plan will include, but may not be limited to the following:

• Method of monitoring to ensure that Contract requirements are being met;

• Contractor will provide a full-time Project Manager or designated alternate.

• City must have access to the Project Manager 24 hours per day, 365 days per year. Contractor will provide telephone number(s) where the Project Manager may be reached on a daily basis, or any time in the event of an unplanned emergency.

• Project Manager will act as a central point of contact with the City.

Contractor will assign a sufficient number of employees to perform the required work. At least one employee on site will be authorized to act for Contractor in every detail.

2.2.3 Contract Payment

The City of Long Beach issues payment based upon services rendered. After a contract is finalized and work is performed, the Contractor should invoice the City. The City will remit payment within 30 calendar days of being billed.

3 How We Choose

3.1 Minimum Qualifications

• Qualification to conduct business in the City

• Not having been debarred by Federal, State or local government

• Mandatory experience (necessary minimum experience or references)

2022-10-06 Page 6 of 23 Confidential

*1061425-34-6-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*6*24***] Powered by ASC

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA

1. Organizational Capacity & Experience

2. Method of Approach

3. Communications & Reporting

4. Reasonableness of Cost

3.3 Selection Process & Timelines

EVALUATION STAGE ESTIMATED DATE DESCRIPTION

Evaluation of

Narrative & Cost

Proposals

[December

2022]

• An Evaluation Committee will review

Narrative & Cost Proposals to select the proposal that best meets the needs of the City.

• Evaluations will be conducted using a methodology derived from the evaluation criteria listed in Section 3.2.

[Interviews/

Demos/ Site Visits if needed

[December

2022]

• The City may interview or request demos from none, one, some or all Proposers.

Negotiation &

Contractor

Selection

[December

2022]

• Selected Contractor(s) will be notified in writing.

• 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.

• Negotiations shall be confidential and not subject to disclosure to competing

Contractors unless and until an agreement is reached.

Estimated Contract

Execution

[January 2023]

2022-10-06 Page 7 of 23 Confidential

*1061425-34-7-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*7*24***] Powered by ASC

[Proposer Debrief] After Contractor is Selected

• Successful and unsuccessful Proposers are encouraged to request phone call or in person meeting with the City to discuss the strengths and weaknesses of their proposal. The intent of the debrief is to provide the Proposer with constructive feedback to equip them with information to effectively meet the City’s needs and be successful in future proposals.

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date 11:00AM

November

9, 2022

Questions due to the

City

11:00AM

November

17, 2022

• Submit all inquiries via email to rfppurchasing@longbeach.gov

Posting of the Q&A 11:00AM

November

29, 2022

• Responses to the questions will be posted on the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/ view/login/login.xhtml.

Proposals due 11:00AM

December

13, 2022

• Proposals should be submitted electronically via the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/ view/login/login.xhtml.

• Late proposals, or proposals submitted through other channels will not be accepted.

• Proposers are responsible for submitting their proposals completely and on time.

mailto:rfppurchasing@longbeach.gov

2022-10-06 Page 8 of 23 Confidential

*1061425-34-8-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*8*24***] Powered by ASC o Proposers will receive an e-bid confirmation number with a time stamp from Long Beach Buys indicating that the proposal was submitted successfully. The City will only receive proposals that were transmitted successfully.

o For technical support, email or call the

City during normal business hours at

LBPurchasing@longbeach.gov or

(562) 570-6200.

mailto:LBPurchasing@longbeach.gov

2022-10-06 Page 9 of 23 Confidential

*1061425-34-9-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*9*24***] Powered by ASC

4.2 Proposal Content

Complete proposals will include the following. Proposers are encouraged to use this table as a checklist to ensure all components are included in their proposal.

PROPOSAL

☐ Narrative

Proposal

The Narrative Proposal should provide a straightforward, concise delineation of capabilities to satisfy the RFP.

Guidance on preparing a Narrative Proposal is detailed below in Section 4.3.

☐ Cost Proposal The Cost Proposal should be prepared using:

Itemization: Should Proposers itemize based on unit costs, Time Period: Should Proposers break down costs weekly, Format: Should Proposers submit their Cost Proposals in excel.

PROPOSAL APPENDICES

☐ Financial

Stability

Proposers should include one or more of the following financial statements to provide the City with enough information to determine financial stability of the Proposer and subcontractor.

• Financial Statement or Annual Report

• Business tax return

• Statement of income and related earnings

☐ Other Addenda

(if applicable)

Colored displays, promotional materials, and other collateral are not necessary or desired. However, if a complete response cannot be provided without referencing supporting documentation, it may be provided as an addendum clearly cited in the Narrative or Cost Proposal.

MANDATORY ATTACHMENTS | The following are included as Attachments in Long

Beach Buys. They must be signed by the individual legally authorized to bind the

Proposer.

☐ A. Authorization & Certification

NON-MANDATORY ATTACHMENTS | The following are required for awarded

Contractors prior to contract execution. If possible, Proposers are encouraged to include this information as part of their proposal to expedite processing.

☐ B. W-9

☐ C. Business License

☐ D. Proof of Registration with California Secretary of State

☐ Contact Information | Ensure your organization’s Long Beach Buys profile is up to date, including an email address, phone number, and for any socioeconomic classifications you may qualify for.

2022-10-06 Page 10 of 23 Confidential

*1061425-34-10-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*10*24***] Powered by ASC

4.3 Narrative Proposal Template

An editable version of the template below has been posted to Long Beach Buys. Proposers should complete the editable template and submit it as their narrative proposal.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Website

Federal Tax ID Number

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other

Please describe why the organization is qualified to provide the services described in this RFP (1-2 paragraphs).

2022-10-06 Page 11 of 23 Confidential

*1061425-34-11-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*11*24***] Powered by ASC

Please describe the length of time the organization has been providing the services described in this RFP (1-3 sentences).

How many employees does the organization have in total and residing in

Long Beach?

Where are the representative(s) that would service the City’s account located?

Who are the key staff involved in the project? For each, please a name, title, and resume either as an attachment or paragraph description.

Does the proposal include subcontractors?

☐ Yes

☐ No

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Project Manager

Phone Number

Project Description

Reference 4

Project Manager

Phone Number

Project Description

2022-10-06 Page 12 of 23 Confidential

*1061425-34-12-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*12*24***] Powered by ASC

Reference 5

Company

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION (if applicable)

Please provide this information for all subcontractors included in this proposal.

Organization Company Name

Company Address

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other

Which specific requirements of this RFP will the subcontractor perform?

Is the subcontractor registered with the

California Department of Industrial

2022-10-06 Page 13 of 23 Confidential

*1061425-34-13-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*13*24***] Powered by ASC

Relations? If yes, provide registration number.

Please describe why the organization is qualified to provide the services described in this RFP (1-2 paragraphs).

Please describe the length of time the organization has been providing the services described in this RFP (1-3 sentences).

How many employees does the organization have nationally, locally, and residing in Long Beach?

Where are the representative(s) that would service the City’s account located?

[1 question that will allow you evaluate the capacity allocated to the project. For example: Please provide a plan of overview for how the project will be staffed, including the percentage of time each employee will be allocated to the project, and the names and titles of principles. Or: Who are the key staff involved in the project? For each, please a name, title, and resume either as an attachment or 1 paragraph description.]

Method of Approach

1. Please briefly summarize your proposed solution.

2. Please explain the logic model for how you will achieve the target outcomes/outputs of the RFP.

3. Please summarize yourproposed workplan with timelines for key milestones.

4. How will your proposal meet the objectives of the RFP?

5. Please explain how your proposal will mitigate or address any identified risks or challenges.

2022-10-06 Page 14 of 23 Confidential

*1061425-34-14-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*14*24***] Powered by ASC

6. Please outline what you will need from the City to implement the contract successfully.

Communications & Reporting

1. Please explain the data and reporting systems that will be used to routinely evaluate program performance, if there are any additional or alternative performance metrics recommended for tracking, how this data will be used for program management, or how you have used data and reporting systems for program management in the past.

2. Please explain how employees responsible for front-line service delivery will be supervised.

3. Please explain how you will report on performance to the City, and coordinate with the City to meet the objectives of the RFP.

4. If other stakeholders will be involved in implementation of the proposal, please explain how you will work with these groups.

5. The City requires that the awarded Contractor provide proof of payment of any subcontractors used for this project. If the proposal includes subcontractors, please describe the plan for how the City will be notified of such payments.

2022-10-06 Page 15 of 23 Confidential

*1061425-34-15-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*15*24***] Powered by ASC

5 Terms & Conditions

5.1 Acronyms/Definitions

1. Awarded Contractor: The organization/individual that is awarded a contract with the City of Long

Beach, California for the services identified in this RFP.

2. City: The City of Long Beach and any department or agency identified herein.

3. Contractor / Proposer: Organization/individual submitting a proposal in response to this RFP.

4. Department / Division: City of Long Beach, Parks, Recreation and Marine Department / Long

Beach Animal Care Services

5. Evaluation Committee: An independent committee comprised solely of representatives of the

City established to review proposals submitted in response to the RFP, evaluate the proposals, and select a Contractor.

6. May: Indicates something that is not mandatory but permissible.

7. RFP: Request for Proposals.

8. Shall / Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

9. Should: Indicates something that is recommended but not mandatory. If the Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the proposal without the information.

10. Subcontractor: Third party not directly employed by the Proposer who will provide services identified in this RFP.

11. [Any acronyms or terms used in the Scope of Work or Additional Requirements from Funding

Source.]

5.2 Solicitation Terms & Conditions

1. The City reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the City to do so.

2. The City reserves the right to request clarification of any proposal term from Proposers.

3. The City may contact the references provided; contact any Proposer to clarify any response;

contact any current users of a Proposer’s services; solicit information from any available source

2022-10-06 Page 16 of 23 Confidential

*1061425-34-16-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*16*24***] Powered by ASC concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

4. The level and term of documentation required from the Proposer to satisfy the City will be commensurate with the size and complexity of the contract and Proposers should submit accordingly. If the information submitted by the Proposer, or available from other sources, is insufficient to satisfy the City as to the Proposer’s contractual responsibility, the City may request additional information from the Proposer or may deem the proposal non-responsive.

5. The City reserves the right to waive informalities and minor irregularities in proposals received.

6. The City reserves the right to reject any or all proposals received prior to contract award.

7. The City’s determination of the Proposer’s responsibility, for the purposes of this RFP, shall be final.

8. Unless otherwise specified, the City prefers to award to a single Contractor but reserves the right to award contracts to multiple contractors.

9. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City of Long Beach after all factors have been evaluated.

10. Any irregularities or lack of clarity in the RFP should be brought to the Purchasing Division designee’s attention as soon as possible so that corrective addenda may be furnished to

Proposers.

11. Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Proposer’s standard contract language. The omission of these documents may render a proposal non-responsive.

12. Alterations, modifications or variations to a proposal may not be considered unless authorized by the RFP or by addendum or amendment.

13. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

14. Proposals may be withdrawn by written notice received prior to the proposal opening time.

2022-10-06 Page 17 of 23 Confidential

*1061425-34-17-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*17*24***] Powered by ASC

15. The price and amount of this proposal must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other Contractor or prospective Contractor.

16. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion.

17. Prices offered by Proposers in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded Contractor agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFP. No other costs, rates or fees shall be payable to the awarded Contractor for implementation of their proposal.

18. The City is not liable for any costs incurred by Proposers prior to entering into a formal contract.

Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.

19. Proposal will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

20. A proposal submitted in response to this RFP must identify any subcontractors, and outline the contractual relationship between the Proposer and each subcontractor. An official of each proposed subcontractor must sign, and include as part of the proposal submitted in response to this RFP, a statement to the effect that the subcontractor has read and will agree to abide by the

Proposer’s obligations.

21. If the Contractor elects to use subcontractors, the City requires that the awarded Contractor provide proof of payment of any subcontractors used for this project. Proposals shall include a plan by which the City will be notified of such payments.

22. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

2022-10-06 Page 18 of 23 Confidential

*1061425-34-18-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*18*24***] Powered by ASC

23. Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

24. The City reserves the right to negotiate final contract terms with any Proposers selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded

Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

25. 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.

26. Any contract resulting from this RFP shall not be effective unless and until approved by the City

Council / City Manager, as applicable.

27. The City will not be liable for Federal, State, or Local excise taxes.

28. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including, without limitation, the Attachment B contract form and all terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

29. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the proposal. Any Proposer misrepresentation shall be treated as fraudulent concealment from the City of the true facts relating to the proposal.

30. Proposals shall be kept confidential until a contract is awarded.

31. No announcement concerning the award of a contract as a result of this RFP may be made without the prior written approval of the City.

2022-10-06 Page 19 of 23 Confidential

*1061425-34-19-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*19*24***] Powered by ASC

32. Proposers are advised that any contract awarded pursuant to this procurement process that exceeds $100,000 shall be subject to the applicable provisions of Long Beach Municipal Code

Section 2.73 et seq, the Equal Benefits Ordinance. Proposers shall refer to Attachment B for further information regarding the requirements of the ordinance. If Attachment B is not present in the RFP, the Equal Benefits Ordinance does not apply to this procurement.

33. All Proposers shall complete and return, with their bid, the Equal Benefits Ordinance Compliance form contained in Attachment B, if applicable. Unless otherwise specified in the procurement package, Proposers do not need to submit with their bid supporting documentation proving compliance. However, supporting documentation verifying that the benefits are provided equally shall be required if the proposer is selected for award of a contract.

5.3 Contract Terms & Conditions

1. The awarded Contractor will be the sole point of contract responsibility. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all subcontractors.

2. The awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the awarded Contractor has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and

Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO CG 00 01 10 93 naming the City of Long Beach and its officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 26 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of or in the course of activities or work performed by or on behalf of the Contractor in an amount not less than One Million Dollars (US

$1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate.

b. Workers’ compensation coverage as required by the Labor Code of the State of California and

Employer’s liability insurance with minimum limits of One Million Dollars (US $1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach and its insurers, officials, employees, and agents.

2022-10-06 Page 20 of 23 Confidential

*1061425-34-20-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*20*24***] Powered by ASC

c. Commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06

92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

Any self-insurance program or self-insurance retention must be approved separately in writing by City and shall protect the City of Long Beach and its officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

Any subcontractors that Contractor may use in the performance of this Contract shall be required to indemnify the City to the same extent as the Contractor and to maintain insurance in compliance with the provisions of this section.

Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. In a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this Contract.

City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Contract.

3. The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long

Beach to pay a business license tax. In some cases, the City may require a regulatory permit and/or evidence of a State or Federal license. Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the

Development Services, Fire, Health, and/or Police Departments. Additional information is available at www.longbeach.gov/finance/business_license.

4. All work performed in connection with construction shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor http://www.longbeach.gov/finance/business_license

2022-10-06 Page 21 of 23 Confidential

*1061425-34-21-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*21*24***] Powered by ASC standards, including the prevailing wage provisions of sections 1770 et seq. of the California

Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

5. Contractor shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents (“Indemnified Parties”), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys’ fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Project’s

Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California

Labor Code section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by Contractor, its officers, employees, agents, subcontractors, or anyone under Contractor’s control, in the performance of work or services under this Contract

(collectively “Claims” or individually “Claim”).

6. In addition to Contractor’s duty to indemnify, Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at Contractor’s expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Contractor shall be required for the duty to defend to arise. City shall notify Contractor of any Claim, shall tender the defense of the Claim to

Contractor, and shall assist Contractor, as may be reasonably requested, in the defense.

7. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Contractor’s costs of defense and indemnity shall be

(1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified

Parties.

8. If the Contractor elects to use subcontractors, Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as

Contractor.

9. If the Contractor elects to use subcontractors, the Contractor shall not allow any subcontractor to commence work until all insurance required of subcontractor is obtained.

2022-10-06 Page 22 of 23 Confidential

*1061425-34-22-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*22*24***] Powered by ASC

10. The provisions of this Section shall survive the expiration or termination of this Contract.

5.4 Protest Procedures

Who May Protest

Only a Proposer who has actually submitted a proposal is eligible to protest a contract awarded through a Request for Proposals (RFP). A Proposer may not rely on the protest submitted by another Proposer but must pursue its own protest.

Time for Protest

The City will post a notice of the intent to award a contract at least ten (10) business days before an award is made. The notice will be available to all Proposers who submitted a proposal via the City’s electronic bid notification system at http://www.longbeach.gov/purchasing. A Proposer desiring to submit a protest for a proposal must do so within five (5) business days of the electronic notification of intent to award. The City Purchasing Agent must receive the protest by the close of business on the fifth

(5th) business day following posting of notification of intent to award the contract. Proposers are responsible for registering with the City’s electronic bid notification system and maintaining an updated

Contractor profile. The City is not responsible for Proposers’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFP justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

Form of Protest

The protest must be in writing and signed by the individual who signed the proposal or, if the Proposer is a corporation, by an officer of the corporation, and addressed to the City Purchasing Agent. Protests must be submitted via the email address above. They must include a valid email address and phone number. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated, and must refer to specific portions of the

RFP and attachments upon which the protest is based. Once the protest is received by the City

Purchasing Agent, the City will not accept additional information on the protest unless the City requests it.

City Response to Protest

The City Purchasing Agent or designee will respond with a decision regarding the protest within five (5) business days of receipt of protest to the email address provided in the protest. This decision shall be final.

2022-10-06 Page 23 of 23 Confidential

*1061425-34-23-24* [***REQSL1061425 *34 *561758030315936258699923597491908605783664989600*23*24***] Powered by ASC

Limitation of Remedy

The procedure and time limits set forth herein are mandatory and are the Proposer’s sole and exclusive remedy in the event of a protest. The Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a protest, including filing a Government Code Claim or initiation of legal proceedings.

Attachment A: Authorization & Certification I certify that:

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

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

iv. This proposal is genuine, and not 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.

v. 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 proposal/bid/agreement, the undersigned, under penalty of perjury, certifies that the participant, nor 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.

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

ATTACHMENT B

W-9 Request for Taxpayer Identification Number and Certification

Form-Fillable PDF available at http://www.irs.gov/pub/irs-pdf/fw9.pdf

Form W-9 (Rev. November 2017) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the requester. Do not send to the IRS.

P ri nt o r ty p e.

S ee S p ec ifi c

In st ru ct io ns o n p ag e 3.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person ▶ Date ▶

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number…