Climate Action Accelerator RFP V3_Final.pdf

Climate Action Accelerator | RFP - CM-23-340 | Template v04.20.23 | 1

City of

Long Beach Request for Proposals RFP - CM-23-340

Climate Action Accelerator

Climate Action Accelerator | RFP - CM-23-340 | Template v04.20.23 | 1

Overview

Summary

The City seeks a technology partner to support managing and streamlining intake for funding opportunities related to the Inflation Reduction Act.

Key Dates

Release Date: October 25, 2023

Questions Due to the City: 11:00 AM (PST), November

1, 2023

Proposals Due: 11:00 AM (PST), December 6, 2023

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

LongBeachBuys.com.

Official Contact

Elisa Landeros rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

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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

4 Proposal Instructions & Content

4.1 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 Additional Requirements

5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The City of Long Beach seeks a technical assistance and implementation partner to ensure that its communities most vulnerable to the effects of climate change can obtain and benefit from funds in the Federal Inflation Reduction Act (IRA). The selected contractor will establish and operate an integrated program that includes a platform to assist residents, businesses, and non-profits in applying for grants, rebates, or other funding made available under the IRA. This partner will also provide technical assistance to the City about the IRA and relevant programs that can be supported through this accelerator.

1.2 Background

The IRA, signed into law in 2021, is a historical investment to address the climate crisis. The law dedicates tax incentives and rebates to communities, community-based organizations, business owners, and homeowners. A significant portion of the funds set aside in this legislation are dedicated to port cities and neighborhoods with oil wells, which makes the

City of Long Beach a target recipient of funding. The Justice40 Initiative also requires 40% of this funding to benefit disadvantaged communities that are marginalized, underserved, and overburdened by pollution.

The City has a strong foundation of where strategic investments may be made in its Long

Beach Climate Action Plan (LB CAP), a plan to be a more sustainable and resilient city in the face of climate change impacts such as air pollution, extreme heat, drought, coastal storm surge, and sea level rise. The Office of Climate Action and Sustainability was established in

October 2022 to implement the LB CAP and to coordinate resources and collective impact across City departments and with community-based organizations.

The Economic Development Department’s Business Development Bureau oversees programs and services designed to help people start, sustain, and grow businesses or non-profits in Long Beach. This includes administering small business loan programs, small business grant programs, and connecting businesses to technical assistance. The Business

Development Bureau has implemented multiple small business grant programs and non-profit grant programs in response to the economic emergency created by the COVID-19 pandemic.

The Office of Climate Action and Sustainability and the Economic Development’s Business

Development Bureau are partnering to ensure that Long Beach stakeholders can access technical assistance to use these funds.

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LB Climate Action Accelerator Program Background

Leveraging Long Beach Recovery Act funding and staff resources, the City is prepared to invest to ensure this program is successful and that the federal government’s recent laws have a transformative impact on Long Beach.

The City of Long Beach recognizes the urgent need to address the climate crisis and seeks a partner to assist residents, businesses, and non-profits to secure funding opportunities such as grants, rebates, and incentives provided by the IRA.

1.3 Goals

1. Enhanced local capacity to secure Inflation Reduction Act funding opportunities.

2. Increased adoption of renewable energy and energy efficiency solutions through the tax rebate reimbursement program.

3. Greater participation in federal grant and incentive programs by Long Beach residents, businesses, and non-profits.

4. Improved access to IRA grants and funding, resulting in higher success rates for IRA funding applications.

5. Ensure accessibility for underserved demographics, especially environmental justice communities, and offer services and program materials in multiple languages.

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 at the discretion of the City. The total contract term will not exceed five years.

2 Scope of Work

2.1 Description of Services

The City seeks a vendor that will be able to provide the following services and program components:

1. Application Platform and Assistance

1. Create a streamlined application process and simplify federal funding opportunity processes.

2. Create a platform where small businesses, homeowners, and non-profits can see what funding opportunities are available to them by entering in key details.

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3. Customize a user-friendly platform in alignment with the City’s style guide.

4. Assist small businesses, homeowners, and non-profits in applying for tax credits, grants, rebates, or similar funding programs by offering paperwork, documentation, and submission guidance.

5. Provide language-accessible technical assistance related to the platform.

6. Ensure data privacy and protection.

7. Promote and prioritize communities disproportionately impacted by climate change and environmental pollution.

8. Cross-train City staff and partner non-profit agencies leading education/outreach to assist households with limited internet access or unfamiliarity with technology.

9. Include mobile compatibility.

2. Grant and Tax Rebate Reimbursement Program:

1. Identify eligible tax credits, grants, rebates, or other opportunities.

2. Front the initial costs of qualifying projects, coordinate financing, and manage the process of obtaining the tax rebates.

3. It is also highly desirable that the selected contractor be able to cover the upfront expenses of grant projects and handle federal reimbursement processes.

3. Technical Assistance for Inflation Reduction Act Funding:

1. Research and identify federal grant opportunities aligning with Long Beach's goals and priorities.

2. Provide regular reports on the available grants and other funding opportunities for the City and local businesses, non-profits, or residents.

3. Develop tailored resources and guides that simplify the application process for available funding opportunities.

4. Connect community stakeholders to vetted financing resources.

TECHNICAL CRITERIA

The following Technical Criteria must be met and documented through weekly reports provided to the City:

1. Application roadmap and application portal must be launched and actively serving eligible applicants within three - six (3-6) weeks of an award.

2. The platform should standardize the application process for applicants, stakeholders, and the City.

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3. Build and maintain shared application portal and IT infrastructure, and iterate portal based on applicant feedback.

4. Manage risk as it relates to applicant confidentiality and data breach.

Provide a comprehensive grants administration software system/application portal that includes, but is not limited to:

1. Appropriate notifications, including text messaging and emails at a minimum, to ensure that applicants understand the process for awarding funding.

2. Notification to applicants of the initiation and completion of the application process.

3. Ability to easily upload to a secure location documents required to complete an application.

4. Ability to complete or initiate the electronic signing of agreements.

5. Ability to translate applications and system notifications in multiple languages

(Spanish, Khmer, and Tagalog).

6. Ability to provide an electronic record of all payments for the duration of the program or as otherwise required under applicable State or Federal law.

7. Ability to track and summarize key program metrics, such as number of applications received, geographic distribution of applications, demographics of grant recipients, and complete versus incomplete applications, in real time via user-friendly dashboard or automated report.

Provide comprehensive Case Management that includes:

1. Detailed work breakdown structure that outlines applicant eligibility and non-eligibility for assistance.

2. Capacity to provide case management staff to administer the eligibility, prioritization, and other local program compliance requirements.

3. Capability for case management staff to follow up and interact with applicants for required documentation.

4. Well-defined grievance procedures.

5. Ability to comply with all Federal protections related to the use of personally identifiable information (PII), including all necessary disclosures and assuring secure storage of any PII generated as part of the application process.

Coordinate accurate and timely Payment Processing that includes:

1. Vendor shall have the capacity to coordinate ACH payments to funding recipients.

2. Vendor shall provide a weekly payment processing report specifying the KPIs the

City outlined.

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3. Vendor shall provide a payment workflow that outlines payment processing from initiation to payment.

4. Vendor shall process payments within 14 business days after the execution of a grant agreement.

5. Vendor shall thoroughly document each payment.

Provide Documentation and Audit Trail that meets program requirements that will be clearly defined before grant programs launch, including but not limited to the following:

• Must allow applicants to upload required documentation for retrieval and review by City staff or case management staff.

• Provide all information that the City deems necessary, including but not limited to weekly funding obligation amounts, expenditures, application information, projections, reallocation information, geographic distribution, demographic information, and biweekly application reports.

• Manage a technology-driven duplication of benefits process that ensures compliance with Federal law.

• Have the ability to recapture illegitimate payments or duplication of benefit payments.

Enable interoperability between solution and other technologies leveraged by the City.

• Ability to leverage industry standard identity federation standards (i.e. OAuth, OpenID Connect, and SAML) for end-user single sign on. Ability to leverage Azure

Active Directory/Entra ID for staff single sign in.

• Programmatic access to data delivered via a well-documented API (JSON/REST preferred.) Connectivity with common data warehousing (Snowflake, Azure Synapse

Analytics, RedShift, etc.) and analytics (PowerBI, Tableau, etc.) solutions.

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.

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METRIC DESCRIPTION TARGET DATA SOURCE

1. Application

Success Rate

How effectively is the partner assisting residents in completing their funding applications

90% overall completion rate with equitable distribution across demographic groups

Application data and completion rates provided by the partner, validated against the actual number of successful applications processed

2. Equity in

Participation

Ensuring that the partner is committed to providing services amongst the potential recipients eligible under IRA

Equitable distribution across racial and social demographics as well as zip codes

Demographic and zip code data collected

3. Accessibility and

User Satisfaction

Assesses partner’s effort to ensure language access and the satisfaction of users with the platform’s usability

90% user satisfaction

User feedback surveys and language access report

4. Percentage of case issues resolved

The percentage of customer application issues that are resolved

100% of issues resolved/closed-out

Vendor Report

2.2.2 Contract Management

Kickoff Meeting

Interested vendors must participate in project kickoff meetings to introduce lead project staff, review project scope and timelines, review vendor invoicing and reporting requirements, and create regular project meeting schedules.

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Communications and Reporting

Vendor(s) and City staff are expected to meet weekly during the start of the engagement to review project status, address project issues, assess opportunities to improve effectiveness and efficiency, and actively work toward the launch of multiple grant programs.

After grant program applications are launched, the vendor(s) and staff are expected to meet biweekly to review project status, address project issues, assess opportunities to improve effectiveness and efficiency, review service data, and monitor performance.

Vendor(s) will be expected to identify a lead project manager who will be available to speak and answer questions from City staff as needed.

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

Proposers must meet the following minimum qualifications to be eligible:

• Qualification to conduct business in the city

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

• Experience delivering program administration support services with an application platform or software portal to government agencies and/or private agencies

• Financial stability and staff capacity to effectively deliver service

• Experience delivering a similar service for a government agency

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA

1. Organizational Capacity & Experience

2. Method of Approach

• Quality and capacity of program administration software system/application portal and ability to implement a fully operational system within three (3) weeks of award

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• Capacity to implement a comprehensive case management service

• Ability to securely process payments on behalf of the City

• Experience in the performance of comparable engagements

• Ability to effectively support diverse residents and organizations in multiple languages

• Ability to financially front the cost of rebates and then manage the federal reimbursements

• Expertise and availability of key personnel

3. Communications & Reporting

4. Reasonableness of Cost

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date October

25, 2023

Questions due to the

City

11:00 AM

(PST),

November

1, 2023

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

Posting of the Q&A November

15, 2023

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST),

December

6, 2023

• Proposals should be submitted electronically via LongBeachBuys.com.

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

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

o Proposers will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the proposal was submitted successfully.

The City will only receive proposals that were transmitted successfully.

mailto:rfppurchasing@longbeach.gov file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com

Climate Action Accelerator | RFP - CM-23-340 | Template v04.20.23 | 11 o For technical support, email or call the

City during normal business hours at

LBPurchasing@longbeach.gov or (562)

570-6200.

Evaluation of Narrative

& Cost Proposals

December

- January

• 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.

Interview and/or demo TBD • The City may invite Proposers to participate in

30 minute interviews and to demo their product.

Negotiation &

Contractor Selection

TBD • 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

TBD

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.

mailto:LBPurchasing@longbeach.gov

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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 in Section 4.3.

☐ Cost Proposal The Cost Proposal should adhere to the following:

• Provide a proposed budget with estimated costs to design, implement and maintain a digital solution.

• Provide a proposed budget with estimated costs to provide personnel and support of multiple IRA programs.

• Provide any additional information that describes your fee structure and that provides a comprehensive estimate of total program costs for your organization’s proposal.

• The cost proposal and scope of work shall include and specify the firm’s labor, indirect costs, and any subconsultant costs.

• The fee to be paid to the Consultant will be made at the

Consultant’s established billable rates for staff hours and expenses actually accrued in producing the required services, up to a maximum fee to be established through negotiations.

• The Consultant’s billable rates shall not include mark-ups on reimbursable items or mark-ups for overhead and profit; no additional payment will be made for those items. The City will neither reimburse the Consultant for mileage, office supplies, overhead expenses, nor for the use of computer equipment.

• All sub-consultant fees and costs shall not include mark-ups and will be reimbursed on an actual-cost basis. The

City will not reimburse for a subconsultant’s mileage, office supplies, overhead expenses, or for the use of computer equipment.

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• Primary Consultants located outside the Los

Angeles/Orange County area shall not assume the City will reimburse for travel to the City without prior approval. Consultants outside of Los Angeles/Orange

County should discuss how their remoteness will affect their responsiveness in delivering services.

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 balance sheet

☐ 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

☐ B. Equal Benefits Ordinance (EBO) Form

Attachments Which May be Submitted Upon Award | Upon award, Awarded

Contractors will be required to submit the following. We encourage you to take note of these requirements, and where possible, include available information as part of your proposal to expedite processing.

☐ C. W-9

☐ D. Business License

☐ E. Proof of Registration with the California Secretary of State

☐ F. Certificates of Insurance: See section 5.3.2

☐ G. Current Contractor’s State License Board print out

☐ Contact Information | Ensure your organization’s profile is up to date in Long

Beach Buys, including an email address, phone number, and for any classifications you may qualify for.

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4.3 Narrative Proposal Template

Proposers should develop a narrative proposal that includes all of the following information.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID Number

Website

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).

Please answer the following questions:

• What is the personnel capacity in your organization to support implementation of Inflation Reduction

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Act grant programs for the City of Long

Beach?

• Does your organization have the capacity to coordinate ACH payments?

• Describe how your organization would effectively and quickly (within 3 to 6 weeks) implement programs that provide the following: application intake, case management, payment processing, reporting and documentation, and compliance monitoring.

• Describe your organization’s capacity to train residents and non-profit agencies to assist small businesses and non-profits with limited internet access or unfamiliarity with technology in using the digital solution offered by your organization.

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?

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. For each, please a name, title, and resume either as an attachment or

1 paragraph description.

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2 Company

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Project Manager

Phone Number

Project Description

Reference 3

Company

Project Manager

Phone Number

Project Description

Reference 4

Project Manager

Phone Number

Project Description

Reference 5

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

If applicable, provide the following 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

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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?

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?

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. Briefly summarize your proposed solution.

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

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3. Summarize your proposed approach to case management and how will you ensure your organization’s solution is able to assist a diverse, multi-lingual population

4. Summarize your proposed payment process.

5. Summarize your proposed records retention process and steps you will take to protect personal identifiable information.

6. Describe the end user Inflation Reduction Act portal your organization provides from the perspective of program applicants.

7. Summarize steps you would take to immediately resolve any operational issues that may occur with the grants administration software system/application portal.

8. Outline what you will need from the City to implement the contract successfully.

Communications & Reporting

1. Explain the data and reporting systems that will be used to routinely evaluate program performance, 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. Explain how you will report on performance to the City, and coordinate with the

City to meet the objectives of the RFP.

3. Explain how you might work with other technical assistance providers such as business navigators to reach out to community members and inform them about opportunities under the Inflation Reduction Act.

4. 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.

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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, City Manager’s Office

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. Inflation Reduction Act: A federal budget bill that includes critical investments to support renewable energy and reduce greenhouse emissions. These investments will complement many of the programs provided through the bipartisan Infrastructure Investment and Jobs Act that seek to mitigate the effects of climate change and create more resilient communities.The new law will put the U.S.

on a path to reducing greenhouse gas emissions by 40% by 2030.

12. Justice40 Community: The Federal Government has made it a goal that 40 percent of the overall benefits of certain Federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution.

https://www.nlc.org/article/2021/10/01/addressing-climate-change-in-infrastructure-legislation/

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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 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. If the City receives a single responsive, responsible proposal, the City may request an extension of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By

Climate Action Accelerator | RFP - CM-23-340 | Template v04.20.23 | 21 conducting such analysis, the City shall not be obligated to accept the single proposal.

The City reserves the right to reject such proposal or any portion thereof.

11. 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.

12. 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.

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

14. 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.

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

16. 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.

17. 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.

18. 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.

19. 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.

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20. Proposal will become public record after the conclusion of the negotiation process and before final approval by the awarding body 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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

Climate Action Accelerator | RFP - CM-23-340 | Template v04.20.23 | 23 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.

26. 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.

27. Any contract resulting from this RFP shall not be effective unless and until approved by the City Council / City Manager, as applicable.

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

29. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including all contract terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

30. 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.

31. Proposals shall be kept confidential through the negotiation process.

32. 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.

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.

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.

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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 10 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 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. Such insurance shall not exclude coverage for liability resulting from cross liability protection.

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.

c. If use of a vehicle is part of the scope of services, 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”).

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d. Cyber and privacy insurance that does not exclude coverage for liability resulting from the Contractor’s or its contractors’, employees’, or agents’ failure to protect private or confidential information of its customers or others from unauthorized access on or through the internet, making known to any person or organization material that violates a person or organization’s right to privacy or publicity right, and failure to prevent the transmission of a computer virus to its authorized users of its web site or any private communication networks such as customers, suppliers or supporters, on or through the internet 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.

e. Professional liability or errors and omissions liability insurance in an amount not less than One Million Dollars (US $1,000,000) per claim and in aggregate covering the services provided pursuant to this Contract.

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 which 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. If 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

Climate Action Accelerator | RFP - CM-23-340 | Template v04.20.23 | 26 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 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. Awarded 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) Awarded Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the

Awarded 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

Awarded Contractor, its officers, employees, agents, subcontractors, or anyone under Awarded Contractor’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

http://www.longbeach.gov/finance/business_license

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6. In addition to Awarded Contractor’s duty to indemnify, Awarded Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at

Awarded 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 Awarded Contractor shall be required for the duty to defend to arise. City shall notify Awarded Contractor of any Claim, shall tender the defense of the Claim to Awarded Contractor, and shall assist Awarded 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, Awarded 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. Any requests for reasonable price adjustments must be submitted 60 days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be justified based upon verifiable criteria such as the

Consumer Price Index, US City Averages, or other relevant indices.

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

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

11. The provisions of this section shall survive the expiration or termination of this

Contract.

12. Awarded Contractor agrees that all public work (as defined in California Labor Code section 1720) performed in relation to this Project (the “Public Work”), if…