CM-26-730~1.pdf

As-needed Event Equipment Rentals for Citywide Events | RFP - CM-26-730 | Template v3.14.25 | 1

City of

Long Beach Request for Proposals RFP - CM-26-730

As-Needed Event Equipment Rentals for Citywide Events

As-needed Event Equipment Rentals for Citywide Events | RFP - CM-26-730 | Template v3.14.25 | 1

RFP - CM-26-730 | Template v3.14.25 | 2

Please read this entire document carefully as it contains important information essential to your proposal

Overview

Summary As-needed Event Equipment Rentals for Citywide Events

Key Dates Release Date: July 7, 2026

Questions Due to the City: 11:00 AM (PST), July 21, Proposals Due: 11:00 AM (PST), August 18, 2026

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.

This is a competitive process, and the City intends to award the opportunity based on the information submitted in the proposal that best meets the needs of the City.

Official Contact Richard Peoples 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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Assistance & Resources For assistance using Long Beach Buys, please contact us directly

Customer Service Form rfppurchasing@longbeach.gov

(562) 570-6200

Additional support available for small businesses in Long Beach

BizCare BizCare staff connect business owners and nonprofit leaders to important resources and information, such as grants, loans, technical assistance, information on City policies, and more.

562-570-4BIZ (4249)

4Biz@longbeach.gov Request Assistance Form https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/ mailto:4Biz@longbeach.gov https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/

RFP - CM-26-730 | Template v3.14.25 | 4

Contents

BizCare

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 Local Preference

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 (City), acting through its Office of Special Events & Filming, is seeking proposals from one or more qualified Event Equipment Rental firm(s) to provide as-needed services for City produced special events. Required event rental equipment services include but are not limited to basic infrastructure (e.g., folding tables, chairs, canopy tents [10x10, 20x20]) as well as dance floors; stages with rails, roofs, and ADA ramps; artificial turf; tent walls; and table drapes. The selected firm(s) will be required to work closely with City staff during all phases of event planning and production.

1.2 Background

The Office of Special Events & Filming is a bureau within the City Manager’s Department, responsible for permitting, coordinating, and overseeing all Special Events and Film productions that take place on public property or in right-of-way.

Major responsibilities include:

• Permitting & Approvals: Issuing permits for special events (e.g. parades, festivals, community events), film shoots, neighborhood block parties, and other public gatherings.

• Policy & Compliance: Establishing and enforcing policies, insurance, safety, and operational requirements for permitted events and filming, ensuring that organizers comply with city regulations.

• Coordination & Support: Liaising with various city departments (public works, police, fire, transportation, parks, etc.), handling logistical support such as street closures, staging, utilities, and crowd control.

• Community Engagement & Oversight: Balancing event and filming activity with community impact, ensuring transparency, managing public feedback, and minimizing disruptions to neighborhoods.

• Ancillary Programs: Administering complementary permits and programs, including the Pole Banner program, occasional activity/block party permits, and park events.

Due to the volume of special events the city produces on a scheduled and as needed basis, there is a need for accessible and affordable event equipment rentals. With increasing demand for high-quality public events and film productions, the Office of Special Events & Filming must evolve its support systems accordingly. Investing in a more robust event v3.14.25 | 6 equipment rental strategy will foster equity, efficiency, and excellence in the city's event landscape.

1.3 Goals

As part of the City’s initiative to grow events and entertainment, the City has continued to expand its list of Citywide special events ranging from community-oriented events to large-scale concerts, festivals, and parades. The firm selected will be responsible for:

• ensuring reliable access to quality rental equipment (e.g., tents, tables, chairs, and related infrastructure) to support City-produced events.

• ensuring timely delivery, setup, and breakdown of event rental equipment in accordance with event schedules and requirements.

• providing safe, clean, and well-maintained equipment that meets City standards for public use.

• establishing a dependable partnership with a Contractor that can accommodate events of varying sizes and logistical complexity.

• ensuring responsive service and flexibility in meeting last-minute changes or unanticipated needs during event production.

A dedicated project manager must be provided to oversee communication and operations.

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. The City may award to one or more firms. The City does not guarantee a minimum contract amount will be reached.

2 Scope of Work

2.1 Description of Services

The selected firm(s) will provide as-needed event rental equipment as requested by the Office of Special Events & Filming. Services will include, but are not limited to:

• Ensuring availability of all requested event rental equipment prior to each event, including tents, tables, chairs, and other event infrastructure.

• Timely delivery of equipment to the event location in accordance with the event schedule.

• Professional setup of all equipment to meet safety standards and event specifications.

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• Post-event breakdown, removal, and return of equipment in a timely manner, leaving the event site clean and unobstructed.

• Coordination with City staff regarding scheduling, delivery logistics, setup requirements, and any last-minute changes.

• Maintenance and inspection of all equipment to ensure it is clean, functional, and safe for public use.

• Flexibility to provide additional or specialized equipment as needed to accommodate changes in event scope or new events added throughout the year.

APPENDICES

Pro-Forma Agreement: Non-Design

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. On-time Delivery Measures whether all rental equipment is delivered to the event site according to the scheduled date and time.

Timely delivery ensures smooth event setup and operations.

100% of deliveries on scheduled date/time.

Delivery logs v3.14.25 | 8

2. Equipment Accuracy and Condition

Measures that the equipment delivered matches equipment ordered.

Equipment shall be clean, functional, and safe for use upon delivery/installation.

100% of ordered equipment delivered correctly and 100% of ordered equipment is in good condition and safe to use

Packing lists, delivery inspection reports

3. Setup and Installation Support

Measures whether the firm provides requested setup, installation, and configuration services according to contract requirements.

Ensures events are fully prepared and on time.

Setup completed according to specifications for all events.

Delivery logs, staff times

4. Post-Event Pickup and Timeliness

Measures whether all equipment is removed promptly and efficiently after each event. Ensures the venue is cleared and ready for other uses.

100% of equipment picked up within the agreed time frame.

Pick-up logs

5. Responsiveness & Flexibility

Measures the firm’s ability to accommodate last-minute changes, additional requests, or unanticipated needs. Supports a reliable partnership and smooth operations.

Contractor responds and resolves requests within 24 hours or as agreed for all events.

Email/phone communication logs v3.14.25 | 9

2.2.2 Contract Management

Implementation of the contract will be a collaborative partnership between the Office of Special Events & Filming and the awarded firm(s). City staff will work closely with the firm(s) to plan, coordinate, and execute successful events, with the City providing oversight and support throughout. Regular meetings will be held during planning phases, increasing in frequency as event dates approach. These meetings will include key staff from the Office of Special Events & Filming, as needed, and the firm’s project team. Communication will also continue through email and phone to address real-time needs. This proactive and open communication approach will help identify challenges early, support timely adjustments, and ensure all goals are met efficiently and collaboratively.

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

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrated experience providing event equipment rentals (tents, tables, chairs, infrastructure) for public events in varying sizes and logistical complexity.

• Proven ability of timely delivery, setup, and breakdown of rental equipment.

30%

2. Method of Approach

• Detailed plan for equipment delivery, setup, and breakdown aligned with event schedules.

• Procedures for ensuring equipment is safe, clean, and well-maintained.

40% v3.14.25 | 10

• Contingency planning for last-minute changes or unanticipated requests.

3. Communications & Reporting

• Clarity and effectiveness of proposed communication protocols with

City staff and stakeholders.

• Approach to performance tracking, data collection, and submission of reports, including timeliness and format.

20%

4. Reasonableness of Cost 10%

3.3 Local Preference

• The City shall apply five extra credit percentage points to all local businesses operating a home-based, residential business.

• The City shall apply ten extra credit percentage points to all local businesses operating a non-residential, commercial, brick-and-mortar business.

• Local business shall mean a business which maintains its principal place of business in a fixed office/place of business with the City of Long Beach, possesses a current City of Long Beach business license and sellers permit if applicable.

• For a business to be eligible to claim preference, the business MUST request the preference in the solicitation response (see Attachment C) and provide a copy of its current business license and seller’s permit if applicable.

• The local preference does not apply to solicitations that are funded in full or in part by tidelands funds. The local preference may not apply to solicitations that are funded in full or in part by certain grant, federal or State of California funds.

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date July 7, Questions due to the City

11:00 AM

(PST), July 21, 2026

• Submit all inquiries via email to rfppurchasing@longbeach.gov v3.14.25 | 11

Posting of the Q&A August 4,

• Responses to the questions will be posted on LongBeachBuys.com.

Proposals due 11:00 AM

(PST),

August 18,

• 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.

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

TBD • 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

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

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 Public Records Act requests unless and until an agreement is reached.

mailto:LBPurchasing@longbeach.gov v3.14.25 | 12

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.

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. Please note proposals that are NOT complete will NOT be considered for the opportunity and will be deemed nonresponsive.

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 be prepared using:

• Itemization: Proposers itemize based on unit costs, outcomes, or outputs. It important that we understand how much staff are being paid, equipment, and service costs to evaluate proposals. Time Period: If possible, please break down costs per event (organized per scale), or monthly.

• Format: Proposers to submit their Cost Proposals in excel format.

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 v3.14.25 | 13 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 ☐ C. Local Preference Program ☐ D. Proof of registration with the California Department of Industrial Relations 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.

☐ E. W-9 ☐ F. Business License ☐ G. Proof of Registration with the California Secretary of State ☐ H. Certificates of Insurance: See Section 5.3.2 ☐ 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.

☐ Conformation of Attachments | Ensure you have checked ALL the attachments in Long Beach Buys and have confirmed that all the required documents have been uploaded and labeled correctly.

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 DIR Number Website Name v3.14.25 | 14

Authorized Representative

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).

1. Describe the length of time your organization has been providing services similar to those described in this RFP. Include the number of years of experience and a brief summary of relevant service areas.

2. Provide an example of a comparable contract completed within the time frame this organization has been established or within the last five years, including client name, event size, and services provided.

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?

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Provide an overview of how this organization will staff and manage the services described in this RFP. Include the names and titles of key personnel assigned to the project and the approximate percentage of time each will dedicate to the contract. (Limit response to 1–2 paragraphs;

resumes may be included as attachments.)

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

Reference 5

Project Manager Phone Number Project Description v3.14.25 | 16

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 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 Relations? If yes, provide registration number.

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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?

Provide an overview of how the subcontractor will staff and manage the services described in this RFP. Include the names and titles of key personnel assigned to the project and the approximate percentage of time each will dedicate to the contract. (Limit response to 1–2 paragraphs;

resumes may be included as attachments.)

Method of Approach

1. Provide a brief overview of your proposed approach to delivering the services highlighted on this RFP.

2. Describe the service model and operational strategy your firm will use to achieve the goals highlighted in this RFP.

3. Provide a summary work plan describing how your firm will prepare for and deliver services needed for City events.

4. Describe how your firm will implement the goals outlined in this RFP.

5. Describe how your firm will respond to unexpected challenges.

6. Describe the coordination, resources, and information your firm will require from the City of Long Beach to successfully implement this RFP.

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Communications & Reporting

1. Describe the data collection, performance monitoring, and reporting systems your firm will use to evaluate the effectiveness of this RFP.

2. Describe how employees will be supervised. Please include information about supervisory roles, on-site management structure, and procedures for ensuring staffing and service quality and plans to address issues or service gaps during events.

3. Explain how your firm will communicate and coordinate with City staff throughout event planning, execution, and follow-up.

4. City events may involve coordination with other stakeholders, describe how your firm will coordinate with these stakeholders to support operations.

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.

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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. Firm(s) / Proposer: Organization/individual submitting a proposal in response to this

RFP.

4. Department / Division: City of Long Beach, Office of the City Manager, Special Events & Filming

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 will 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.

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 v3.14.25 | 20 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 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.

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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.

20. In the event a Proposer received assistance from City staff or a representative of the City (technical assistance provider), the City is not responsible for any mistakes, inaccuracies, delays, or any other impact that the assistance provided did to impact the Proposer’s final product. Available technical assistance support services are only intended to provide advice and does not constitute a basis for any protest to this contract opportunity. It is solely the Proposer’s responsibility to prepare and submit a response to the RFP.

21. Proposal will become public record after the Notice of Intent to Award has been posted and the protest period has closed 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 v3.14.25 | 22 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.

22. 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.

23. 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.

24. Each Proposer must adhere to the City’s Vendor Code of Conduct, including, but not limited to, 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. The Vendor Code of Conduct can be found at https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023

25. 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.

26. 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 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 v3.14.25 | 23 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.

27. 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.

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

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

30. 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.

31. 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.

32. Proposals shall be kept confidential until the Notice of Intent to Award has been posted and the protest period has closed.

33. 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.

34. 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.

35. Independent contractors or employees of a third-party employer who are CalPERS retirees are subject to provisions of the Government Code. A CalPERS retiree is an employee of a CalPERS employer who terminates active employment and receives a v3.14.25 | 24 monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS retiree doing business as an independent contractor or employee of a third- party employer is required to submit a CalPERS determination to ensure the services provided are considered that of a true independent contractor position. All third-party employers are required to notify any individual they are having work for the City of Long Beach of this requirement. You may reach out directly to CalPERS at membership_reporting@calpers.ca.gov for a determination.

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 with an additional insured endorsement naming the City of Long Beach and its departments, officials, officers, agents, and employees 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 mailto:membership_reporting@calpers.ca.gov v3.14.25 | 25 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”).

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 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 v3.14.25 | 26 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”).

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 http://www.longbeach.gov/finance/business_license v3.14.25 | 27 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.

5.4 Additional Requirements

Not Applicable

5.5 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 v3.14.25 | 28 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.

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.