Environmental Education School Program RFP.pdf

REQUEST FOR PROPOSALS

FOR

DESIGN AND IMPLEMENTATION OF

ENVIRONMENTAL EDUCATION SCHOOL PROGRAM

Release Date: April 20, 2023 Due Date: May 18, 2023

For additional information, please contact Lauren Howland (Project Manager)

Public Information Officer 562.570.2314

Lauren.howland@lbutilities.org

See page 7 for instructions on submitting proposals.

Company Name _____________________________ Contact Person __________________________

Address ____________________________ City _______________ State ______ ZIP ___________

Telephone (____) _____________ Fax (____) ____________ Federal Tax ID No. ________________

Email Address: _____________________________________________________________________

Prices contained in this proposal are subject to acceptance within 180 calendar days.

I have read, understand, and agree to all terms and conditions herein.

Signature and Date __________________________________________________________________

Print Name & Title: __________________________________________________________________ mailto:Lauren.howland@lbutilities.org

REQUEST FOR PROPOSAL

FOR

DESIGN AND IMPLEMENT ATION OF K-6

ENVIRONMENT AL EDUCATION SCHOOL PROGRAM

Approvedthis 23z dayof ApVil , 2023

Diana C. Tang

Assistant General M ager

Authorized this day of

Christ her J. Garner e eral Manager

, 2023

Approved as to Form this ")O day of NaV , 2023

Dawn Mclntosh

City Attomey

By:

RichThrd Anthony

Principal Deputy City Attorney

3 | RFP – Environmental Education School Program

CONTENTS

OVERVIEW OF PROJECT

ACRONYMS/DEFINITIONS

SCOPE OF SERVICES

SUBMITTAL INSTRUCTIONS

EDUCATION PROGRAM OVERVIEW:

RESPONSE REQUIREMENTS

RFP EVALUATION AND SELECTION

PROTEST PROCEDURES

TERM OF AGREEMENT

BUSINESS LICENSE

TERMS, CONDITIONS AND EXCEPTIONS

ATTACHMENTS

I: CERTIFICATION OF COMPLIANCE WITH TERMS AND CONDITIONS OF RFP

II: STATEMENT OF NON-COLLUSION

III: DEBARMENT, SUSPENSION, INELIGIBILITY CERTIFICATION

IV: W-9 REQUEST FOR TAXPAYER IDENTIFICATION NO. AND CERTIFICATION

V: EQUAL BENEFITS ORDINANCE

4 | RFP – Environmental Education School Program

OVERVIEW OF PROJECT

The Long Beach Utilities Department (LBUD), in partnership with Long Beach Public Works Environmental Services Bureau (ESB), invites Vendors to submit Proposals for an engaging, in-school education program focused on sustainability, water conservation, energy efficiency, utility safety, recycling and waste reduction.

The utilities would like to develop and implement inclusive education strategies that are sensitive and responsive to the needs of our diverse student population. The program should be geared specifically toward K-6 students. The program should be an engaging and active learning experience with messaging that facilitates short and long-term behavioral changes for students and families in:

• Water conservation

• Natural gas safety and efficiency

• Waste reduction and recycling

For more information on Long Beach Utilities, please visit LBUtilities.org or @LBUtilities Facebook, Instagram and Twitter.

For more information on Long Beach Public Works Environmental Services Bureau, please visit LongBeach.gov/LBRecycles or @LBRecycles on Facebook, Instagram and Twitter.

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ACRONYMS/DEFINITIONS

For purposes of this RFP, the following acronyms/definitions will be used:

Agreement/ Contract

Awarded Vendors

City

Vendor

Department

Contract specifying the terms and conditions, and defining the scope of services to be performed by the Vendor for a specific project, or on a continuing on-call basis.

The organizations/individuals that are awarded and have an approved contract with the Long Beach Utilities Department for the services identified in this RFP.

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

Organization/individual submitting qualifications in response to this

RFP.

Long Beach Utilities Department

Evaluation Committee

Fee

LBUD

A committee comprised solely of representatives of the Department established to review qualifications submitted in response to the RFP and select Vendor(s).

Compensation paid to the Vendor for professional services rendered.

Long Beach Utilities Department

May Indicates something that is not mandatory but permissible.

RFP

Proposal

Request for Proposals.

Written response submitted for this RFP.

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

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

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

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SCOPE OF SERVICES

Long Beach Utilities, in partnership with the City of Long Beach, is seeking to provide culturally-relevant, in-school public education programs to support our water, energy and environmental conservation goals as well as encourage natural gas safety.

The City of Long Beach (City): The city is a large, vibrant and diverse community.

Ethnically, the community is 40.8 percent Hispanic, 29.4 percent white, 13.0 percent black, 12.6 percent Asian, and 4.2 percent all other ethnicities. A full-service city, Long Beach is governed by a nine-member City Council elected by district and a Mayor elected at-large. Elected officials also include the City Attorney, City Auditor and City Prosecutor.

The City Manager is responsible for the administration of all city departments except for Long Beach Utilities and the Port of Long Beach, both of which are managed by their respective general managers and overseen by independent commissions.

Long Beach Utilities (Utilities): The Utilities Department was established by a vote of the people in November 2022, bringing the City’s water, natural gas and sewer services under one management with oversight from the five-member Long Beach Board of Utilities Commissioners. The goal of the consolidation is to bring synergies to climate action and clean energy work, upgrade city utility systems to protect local neighborhoods, reduce impacts to streets through coordinated pipeline repairs and streamline utility services.

Long Beach Utilities provides safe and clean drinking water, delivers natural gas, and supports wastewater management for the 7th largest city in California, with a population of nearly 500,000, including partners such as the Port of Long Beach, Long Beach Airport, California State University Long Beach, and Long Beach City College. Department operations run 24 hours a day, 365 days a year.

Refuse and Recycling: Waste management and recycling services in Long Beach are provided by the Long Beach Department of Public Works, Environmental Services Bureau (ESB). This Bureau supports more than 120,000 residential, commercial and multifamily customers. The Department’s work is focused on reusing, reducing and recycling waste to support a cleaner, more sustainable future.

NOTE: LBUD reserves the right to commission additional education and community outreach services throughout the duration of the contract period.

SUBMITTAL INSTRUCTIONS

1. All questions and inquiries regarding this RFP, must be submitted via email to lauren.howland@lbutilities.org by Thursday, May 4, 2023 at 4:00 p.m. Reponses to the questions will be posted on https://longbeachbuys.buyspeed.com under the RFP invitation project title. All Vendors are recommended to visit the above-mentioned website on a regular basis as the responses may be posted earlier than the deadline posted in the timeline below.

mailto:lauren.howland@lbutilities.org https://longbeachbuys.buyspeed.com/

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2. RFP Timeline

Task Description Date/Time RFP Release Thursday, April 20, 2023 Deadline for submitting questions

Thursday, May 4, 2023, 4 p.m.

Posting of all answered questions

Monday, May 8, 2023, 5 p.m.

Deadline for PROPOSAL submission

Thursday, May 18, 2023, 4 p.m.

Selection of Vendor(s) May/June 2023

NOTE: These dates represent a tentative schedule of events. LBUD reserves the right to modify these dates at any time, with appropriate notice to prospective Vendors.

3. PROPOSAL LENGTH and SIZE: Proposal shall be limited to 20 single-sided

8.5 x 11 inch pages, not including requested attachments with standard (1-inch) margins and single-spaced with headings, sections and sub-sections clearly identified. Font must be at least 11 point. Each page, including attachments, must be clearly and consecutively numbered at the bottom of each page.

4. The PROPOSAL shall be received by 4:00 p.m. local time, Thursday, May 18, 2023. PROPOSALs that do not arrive by the specified date and time WILL NOT BE ACCEPTED. Vendors may submit their proposal any time prior to the above stated deadline. Vendors may submit via email, with approval from LBUD, if they have issues with the Long Beach Buys system.

5. The PROPOSAL should be presented in a format that corresponds to and references sections outlined below and should be presented in the same order.

Responses to each section and subsection should be labeled so as to indicate which item is being addressed. For ease of evaluation, the PROPOSALs should be presented in the format described within this RFP.

6. PROPOSALs are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

7. The PROPOSAL shall be signed by the individual(s) legally authorized to bind the Vendor.

8. The Long Beach Utilities Department reserves the right to reject any or all PROPOSALs, or select the PROPOSAL most advantageous to the Department.

The Long Beach Utilities Department reserves the right to verify all information submitted in the proposal.

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9. The Long Beach Utilities Department reserves the right to amend an RFP or issue to all Vendors a Notice of Amendment to address questions for clarification.

10. Vendor may modify or amend its PROPOSAL only if Long Beach Utilities Department receives the amendment prior to the deadline stated herein for receiving proposals.

11. If Vendor forms a joint venture, a copy of the joint venture agreement will be requested if Vendor is selected for award. Do not submit the joint venture agreement with the proposal.

12. A PROPOSAL may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the PROPOSAL. Vendor shall carefully follow the instructions under “Response Requirements” when preparing their proposal for submission.

13. Upon award of contract, Vendor will be required to submit insurance according to the guidelines and requirements listed below:

INSURANCE. As a condition precedent to the effectiveness of this Contract, Vendor shall procure and maintain at Vendor’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 which does not exclude coverage for liability resulting from XCU (explosion, underground, and collapse) perils, cross liability protection, sudden and accidental pollution and cleanup liability, mobile equipment, and products and completed operations liability and that names the Board of Utilities Commissioners, the City of Long Beach, and their 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 activities performed by or on behalf of the Vendor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate.

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

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

c. Commercial Automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

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d. Excess liability insurance on a following form basis insurance in excess of the coverage provided by (a) and (c), including, but not limited to, additional insured coverage, in an amount not less than Four Million Dollars ($4,000,000) 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 LBUD and shall protect the Board of Utilities Commissioners, the City of Long Beach, and their 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 LBUD, and shall be primary and not contributing to any other insurance or self-insurance maintained by LBUD.

Vendor shall deliver to LBUD 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 LBUD Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. In a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than one hundred eighty (180) days. Such insurance as required herein shall not be deemed to limit Vendor’s liability relating to performance under this Contract. LBUD 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 LBUD 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.

EDUCATION PROGRAM OVERVIEW:

LBUD, in partnership with other city utilities, has provided an in-school education program since 2015. Most recently, LBUD and ESB contracted with a theater group that performed fun, kid-friendly skits about water conservation, natural gas safety, waste reduction and recycling. During the COVID-19 pandemic, these educational performances were offered virtually and in 2021-2022 school year they were available both in-person and online.

The current contract for this program has come to an end and LBUD and ESB are seeking to establish a new contract for an updated in-school environmental education, to be managed by the LBUD Public Affairs office.

The proposed program shall educate and engage K-6 students in accredited public and private schools in Long Beach and Signal Hill. Once the RFP process is completed, work shall begin immediately to implement the education program by the beginning of the 2023-2024 school year.

The purpose of this Request for Proposals (RFP) is to solicit proposals for education programs. The City of Long Beach utilities are open to considering all effective program

11 | RFP – Environmental Education School Program styles in response to this RFP. The scope of work includes program marketing, scheduling, design and implementation, and evaluation.

1. Marketing:

a) Selected Vendor(s) must market the program to all eligible and accredited schools in Long Beach and Signal Hill. Various communication channels should be used, including, but not limited to: phone calls, emails, letters, brochures and in-person outreach.

b) Selected Vendor(s) must continue to market the program through any communication channels necessary to meet the student participation targets established by the City of Long Beach utilities. This will require knowledge or research of school year calendars.

c) All marketing materials should follow the style guidelines as outlined by LBUD and must be reviewed and approved by LBUD prior to distribution.

d) A concerted effort should be made to market the program to schools serving traditionally underserved students and families. Failure to do so may result in violation of agreement or reduced payment. LBUD will provide a list of target schools to Vendor upon selection.

2. Scheduling:

a) Vendor(s) must schedule and confirm the program with participating schools.

This includes corresponding with school staff before and after the program dates to schedule the program, confirm program dates, and handle any appropriate follow-up.

b) Vendor(s) must update the designated staff of the programming and schedule and participating schools in electronic format on a regular basis, to be established upon selection. Contacts made at each school shall also be provided to designated staff in an organized list.

3. Design and Implementation:

a) Vendor(s) must design and implement a culturally-relevant environmental education program that engages students and families to create a deeper understanding of and encourage positive behavioral change in all of the following areas:

a. Long Beach’s high-quality drinking water, our water sources, water use efficiency habits and behaviors and the intrinsic value of water as a resource

b. Natural gas efficiency and safety

c. Waste reduction and recycling

b) The program shall include the development and implementation of inclusive education strategies that are sensitive and responsive to the needs of our diverse student population.

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c) Content shall align with any applicable standards established by the State of

California to help classroom teachers achieve their state-mandated goals, including Common Core and NGSS educational standards.

d) The program shall be adaptable to change depending on current department campaigns or programs, current events or school activities.

e) The proposed program shall target elementary school students, with separation by age group if deemed appropriate.

f) The program shall be delivered on the school campus whenever possible with the option for virtual education for increased access, if appropriate.

g) The selected Vendor(s) may create and print a customized take-home activity booklet to supplement what they’ve learned. All materials (printed or digital) should be reviewed and approved by City of Long Beach.

h) During the presentation of the program, the city departments must be recognized both verbally and visually. The selected Vendor(s), with direct input by designated staff, shall create all materials needed.

i) Departmental logos must be displayed prominently on any printed materials, presentations and visual aids.

j) The City of Long Beach retains the right to edit and approve all program materials to its brand and communications standards.

k) All of the curriculum, assets and materials developed by the Vendor under this program shall be considered the intellectual property of the City of Long Beach, unless prior exemption is granted.

l) All printed materials should be translated to Spanish, Khmer and Tagalog.

m) Vendor(s) must record student and teacher participation numbers and provide the statistics to designated staff in a monthly, quarterly and cumulative annual report that includes the school name, primary contact, participating teacher names, date of the program, program type, and the number of students in attendance.

4. Evaluation & Reporting

a) The City of Long Beach utilities require metrics to demonstrate the concepts that are being learned by students, as compared at the beginning and end of the program.

Proposers shall identify an appropriate method for evaluating the learning achieved during the course of the program. Metrics reports must be provided to designated staff on a regular basis agreed upon by designated staff and selected Vendor(s).

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b) Selected Vendor(s) shall identify a method for conducting evaluations through which teachers, students and families are asked to evaluate the program. The compiled results of these evaluations shall be made available to designated staff upon request and as part of regular progress reports.

c) Selected Vendor(s) shall identify a method to evaluate the effectiveness of the program in facilitating positive behavioral change and encouraging greater sustainability in the Long Beach community.

The successful Vendor(s) will be awarded a one-year contract with an option to renew for three additional years. LBUD shall reserve the right to expand the scope of program work and budget on future contract extensions with agreements from vendors. More than one Vendor may be selected to fulfill the requirements of the utilities.

RESPONSE REQUIREMENTS

The emphasis of the proposal shall be on responding to the requirements set forth herein.

Proposers must demonstrate their capabilities, background, expertise and experience as well as an understanding of the project.

The information requested below will be used to evaluate the Proposer’s proposal based on the criteria outlined in this RFP. Proposers shall be deemed nonresponsive, if they do not respond to all items below. Proposals shall be deemed nonresponsive if minimum requirements are not met.

Proposals must be prepared simply and economically, providing a straightforward, concise description of methodology and approach to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis.

Proposal shall be well organized, clear and comprehensive. Excessive or irrelevant materials will not be favorably received.

Proposal shall be organized with related headings in the order presented below:

A. Title page B. Executive Summary Letter C. Experience of Vendors D. Approach E. Pricing F. Samples G. References H. Subcontractors I. Validity of Proposal J. Certificate of Insurance K. Statement of Compliance – Attachment I L. Statement of non-collusion – Attachment II

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M. Debarment, suspension, ineligibility and voluntary exclusion certification – Attachment III

N. W-9 request for taxpayer identification number and certification – Attachment IV

O. Equal Benefits Ordinance – Attachment V

A. Title Page

Proposer shall complete and sign the title page at the front of this document to identify submission.

B. Executive Summary Letter

Include a brief, one-page summary of the company/organization, its background, size, scope of services, capabilities and proximity of company resources to Long Beach and Signal Hill schools. Emphasize those aspects and experiences that distinguish you from other vendors who may respond to this RFP.

C. Experience of Vendors

Relevant experience of the Vendors included in this RFP shall be identified, including related work with public sector agencies such as City of Long Beach, Long Beach Water, Energy Resources and Public Works, as well as other municipal agencies.

Only recent projects, preferably projects completed in the past three years, should be included in this section.

D. Approach

a. Marketing/Scheduling: Describe how your staff will market and schedule the program, with consideration given to language access and culture, and how these reports will be provided to designated staff.

b. Education Standards: Summarize your understanding of all applicable educational standards established by the State of California and how your proposed program will align with those standards. Please state explicitly which standards for each grade level will be taught.

c. Program Format: In detail, describe the structure and format of your proposed school program(s). This must include:

i. Grade levels: The proposed grade level(s) targeted and reasoning why those grade level(s) were selected.

ii. Program Format: Please clearly state how students and/or teachers will be actively engaged in the program (i.e., hands-on activities, demonstrations, student response keypads, etc.) and format and delivery method (i.e., assembly-style, activity-based, performance-based, laboratory style, teach-the-teacher, etc.).

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iii. Key Concepts: Detail how the program will incorporate information on water use efficiency and water sources, natural gas efficiency and safety and waste reduction and recycling. Explain how education regarding these key concepts seeks to change behaviors of students and their families.

iv. Tools: Explain the types of props, visual aids, technology, demonstration supplies or other tools that will be used for the program

v. Other: Include any other pertinent information that shall give evaluators a clear understanding of your proposed program.

d. Evaluation: Describe how you will evaluate and measure the learning achieved by students and families during the course of the program. Clearly state how the compiled results will be provided to designated staff.

e. Readiness to Proceed: Describe your ability to meet the City of Long Beach utilities’ needs in a consistent, timely manner and explain your readiness to proceed with program implementation by late summer/fall 2023.

E. Pricing

Provide pricing for all services proposed for a one-year contract with an option to renew three additional years. This includes implementation of the school program, evaluation and any teacher workshops. Please identify how this pricing relates to number of students and schools reached.

F. Samples

Provide video, photos, handouts, scripts or other applicable examples of your Vendor’s environmental education programs. Samples should demonstrate your Vendor’s ability to actively engage and educate K-6 students in an age-appropriate manner that aligns with the education standards established by the State of California.

G. References

Vendor shall submit a minimum of three client references within the past three (3) years, similar in size and scope of services, who may be contacted by LBUD. Please submit the three references on the Vendor’s company letterhead.

H. Subcontractors

Vendor shall submit herein a list of any Subcontractors they intend to contract with to meet the requirements of this RFP.

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I. Certificate of Insurance

Vendor shall state herein the willingness and ability to provide the required insurance coverage and Accord insurance form at the time of award. Insurance requirements are listed herein. The Long Beach Utilities Department shall request the actual Accord insurance form when recommendation for award is made.

J. Validity of Proposal

Responses to this RFP shall be valid for a minimum of six (6) months. Submissions not valid for at least six (6) months will be considered non-responsive. The Vendor shall state the length of time for which the submitted proposal shall remain valid.

RFP EVALUATION AND SELECTION

Proposals will be reviewed to verify compliance with submission instructions and response requirements. Any proposal not meeting these requirements may be deemed nonresponsive.

Proposals shall be evaluated on the basis of the responses to all questions and requirements in this RFP. The evaluation of a Vendor’s ability to provide the required services will be based on the written material submitted. Each proposal will be competitively evaluated on the criteria listed below in no order of importance. A Selection Panel will review the proposals and consider the following factors to select the most qualified Vendor(s):

• Experience and expertise on similar scope of services;

• Demonstrated competence;

• Reasonableness of cost proposed to meet the scope of requests;

• Conformance with the terms of this RFP.

The evaluation committee will review and evaluate all written proposals considering the above factors and may hold interviews with selected respondents. During the vendor selection process, the evaluation committee may contact Vendor(s) to obtain additional information and may also contact recent clients.

Proposals shall be kept confidential until contract is proposed to be awarded by staff.

LBUD may also contact references provided, contact any Vendor to clarify any response, contact any current users of a Vendor’s services, solicit information from any available source concerning any aspect of the proposal, and seek and review any other information deemed pertinent to the evaluation process. Vendors should not misconstrue a request for clarification as negotiations.

Proposal evaluation will commence immediately following the review conducted by LBUD staff. Vendors will be notified via email regarding status of Vendor’s proposal.

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LBUD staff may rank prospective Vendors. LBUD staff will convene to discuss and evaluate for purposes of determining the highest qualified Vendor(s) for requested services. LBUD may select zero, one, or multiple Vendors.

Selected Vendor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Vendors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, LBUD reserves the right to negotiate a contract with another Vendor or withdraw the RFP.

Following selection, prior to the start of contract negotiations, selected Vendor(s) must submit to LBUD required insurance certificates (including listed subcontractors).

Any contract resulting from this RFP shall not be effective unless and until approved by the Board of Utilities Commissioners.

PROTEST PROCEDURES

A. Who May Protest?

Only a Vendor who has actually submitted a PROPOSAL is eligible to protest a is eligible to protest a contract awarded through a Request for Qualifications (“RFP”).

A Vendor may not rely on the protest submitted by another Vendor, but must timely pursue its own protest.

B. Time for Protest

A bidder/Vendor desiring to protest a bid/proposal shall file the protest within five

(5) business days following the date of the electronic notification of intent to award.

The General Manager, or designee, must receive the protest by the close of business on the fifth (5th) business day following the issuance of notice of intent to award.

C. Form of Protest

LBUD 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 Vendors who submitted a PROPOSAL via the City’s electronic bid notification system at https://longbeachbuys.buyspeed.com.

A Vendor desiring to submit a protest for a PROPOSAL must do so within five (5) business days of the electronic notification of intent to award. LBUD 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. Vendors are responsible for registering with the City’s electronic bid notification system and maintaining an updated Vendor profile. LBUD is not responsible for Vendors’ 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 https://longbeachbuys.buyspeed.com./

18 | RFP – Environmental Education School Program computer/technology equipment. LBUD’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.

D. Additional Information

The protest must be in writing and signed by the individual who signed the PROPOSAL or, if the Vendor is a corporation, by an officer of the corporation, and addressed to LBUD. Protests may be submitted via U.S. Mail, hand delivery or email, and must include a valid email address, street address and phone number sufficient to ensure that the Department’s decision concerning the protest will be received. 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 LBUD, additional information on the protest will not accepted unless LBUD requests it.

E. Limitation of Remedy

The procedure and time limits set forth herein are mandatory and are the Vendor’s sole and exclusive remedy in the event of a protest. The Vendor’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.

TERM OF AGREEMENT

The initial term of the Agreement will be twelve (12) months from the contract. The Agreement may be extended by mutual agreement for up to three additional one-year periods in accordance with the terms and conditions stated herein. It is agreed that if any renewal is to be exercised, the Long Beach Utilities Department shall so notify the Vendor prior to the expiration date.

BUSINESS LICENSE

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. For more information, go to www.longbeach.gov/finance/business_license.

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

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TERMS, CONDITIONS AND EXCEPTIONS

1. This contract will be for a period of one (1) year with three annual renewal options at the discretion of the Department. The contract term will not exceed 48 months.

2. LBUD reserves the right to alter, amend, or modify any provisions of this RFP or issue to all Vendors a Notice of Amendment to address questions for clarification.

LBUD reserves the right 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 Department to do so.

3. LBUD reserves the right to waive informalities and minor irregularities in

PROPOSALs received.

4. LBUD reserves the right to reject any or all PROPOSALs received prior to contract award.

5. LBUD shall not be obligated to accept the lowest priced PROPOSAL, but will make an award in the best interest of the Department after all factors have been evaluated.

6. Any irregularities or lack of clarity in the RFP should be brought to the Department designee’s attention as soon as possible so that corrective addenda may be furnished to prospective Vendors.

7. LBUD reserves the right to purchase additional items not listed on specifications.

8. PROPOSALs shall include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Vendor’s standard contract language. The omission of these documents may render a PROPOSAL non-responsive.

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

10. 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.

11. PROPOSALs may be withdrawn by written notice received prior to the

PROPOSAL opening time.

12. The price and amount of this PROPOSAL shall have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other Vendor, Vendor or prospective Vendor.

13. No attempt may be made at any time to induce any Vendor or person to refrain from submitting a PROPOSAL or to submit any intentionally high or noncompetitive PROPOSAL. All PROPOSALs shall be made in good faith and without collusion.

20 | RFP – Environmental Education School Program

14. Prices offered by Vendors in their PROPOSALs are an irrevocable offer for the term of the contract and any contract extensions. The awarded Vendor 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 Vendor for implementation of their PROPOSAL.

15. LBUD is not liable for any costs incurred by Vendors prior to entering into a formal contract. Costs of developing the PROPOSALs or any other such expenses incurred by the Vendor in responding to the RFP, are entirely the responsibility of the Vendor, and shall not be reimbursed in any manner by the Department.

16. PROPOSAL will become public record after the award of a contract unless the

PROPOSAL or specific parts of the PROPOSAL can be shown to be exempt by law. Each Vendor may clearly label all or part of a PROPOSAL as “CONFIDENTIAL” provided that the Vendor thereby agrees to indemnify and defend LBUD for honoring such a designation. The failure to so label any information that is released by LBUD shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

17. A PROPOSAL submitted in response to this RFP shall identify any subcontractors, and outline the contractual relationship between the awarded Vendor and each subcontractor. An official of each proposed subcontractor shall 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 awarded Vendor’s obligations.

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

19. The awarded Vendor 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 Vendor has submitted acceptable evidence of the required insurance coverages.

20. Each Vendor shall 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. LBUD reserves the right to disqualify any Vendor on the grounds of actual or apparent conflict of interest.

21. Each Vendor shall 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 Vendor or in which the Vendor has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any PROPOSAL. LBUD reserves the right to reject any PROPOSAL based upon the Vendor’s prior history with the Department or with any other party, 21 | RFP – Environmental Education School Program which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

22. LBUD will not be liable for Federal, State, or Local excise taxes.

23. Execution of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including, without limitation, Attachments I-V and all terms and conditions therein, except such terms and conditions that the Vendor expressly excludes.

24. LBUD reserves the right to negotiate final contract terms with any Vendor selected.

The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Vendor’s PROPOSAL, together with any modifications and clarifications thereto that are submitted at the request of the Department during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Vendor’s PROPOSAL, and the awarded Vendor’s PROPOSAL. Specific exceptions to this general rule may be noted in the final executed contract.

25. Vendor understands and acknowledges that the representations above are material and important, and will be relied on by the Department in evaluation of the PROPOSAL. Any Vendor misrepresentation shall be treated as fraudulent concealment from the LBUD of the true facts relating to the PROPOSAL and may result in termination of an awarded contract.

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

27. Vendors are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Long Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance. Vendors shall refer to attachment/appendix for further information regarding the requirements of the ordinance. All Vendors shall complete and return, with their bid, the Equal Benefits Ordinance Compliance form contained in the attachment/appendix. Unless otherwise specified in the procurement package, Vendors 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 Vendor is selected for award of a contract.

28. All creative content as a result of this contract, including original sketches, drawings, models, illustrations, graphics, logos, videos and other artwork and materials become the property of LBUD, and shall be delivered to LBUD upon completion of services.

Attachment I | RFP – Environmental Education School Program

ATTACHMENT I:

CERTIFICATION OF COMPLIANCE

WITH TERMS AND CONDITIONS OF RFP

FOR

ENVIRONMENTAL EDUCATION SCHOOL PROGRAM

I have read, understand and agree to comply with the terms and conditions specified in this Request for Proposals. Any exceptions MUST be documented.

YES _______ NO _______ SIGNATURE ____________________________________

EXCEPTIONS: Attach additional sheets if necessary. Please use this format.

EXCEPTION SUMMARY FORM

RFP SECTION

NUMBER

RFP PAGE

NUMBER

EXCEPTION (PROVIDE A DETAILED EXPLANATION)

Attachment II | RFP – Environmental Education School Program

ATTACHMENT II:

STATEMENT OF NON-COLLUSION

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

This proposal is genuine and not sham or collusive nor made in the interest or in behalf of any person not herein named; the Vendor has not directly or indirectly induced or solicited any other Vendor to put in a sham proposal and the Vendor has not in any manner sought by collusion to secure for himself or herself an advantage over any other Vendor.

In addition, this organization and its members are not now and will not in the future be engaged in any activity resulting in a conflict of interest, real or apparent, in the selection, award, or administration of a subcontract.

Authorized signature and date

Print Name & Title

Attachment III | RFP – Environmental Education School Program

Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification Please read Acceptance of Certification and Instructions for Certification before completing

As a current or potential vendor for the City of Long Beach (City) your Vendor, through its business relationship with the City, may be the recipient of federal grant funds. As such, the City is required to document that neither your business entity or organization, nor any of your principals are debarred, suspended, ineligible, or have voluntarily been excluded from receiving federal grant funds. Consistent with Executive Order No.

12549 Title 2 CFR Part 180 Subpart C, all potential recipients of federal grant funds are required to comply with the requirements specified below. By submission of proposal/bid/agreement, the undersigned, under penalty of perjury, certifies that the participant, nor any of its principals in the capacity of owner, director, partner, officer, manager, or other person with substantial influence in the development or outcome of a covered transaction, whether or not employed by the participant:

• Are not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal department or agency;

• Have not, within a three (3) year period preceding this bid/agreement/proposal, been suspended, debarred, voluntarily excluded or declared ineligible by a federal agency;

• Do not presently have a proposed debarment proceeding pending;

• Have not, within a three (3) year period preceding this bid/agreement/proposal, been indicted or convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct;

• Have not, within a three (3) year period preceding this bid/agreement/proposal, had one or more public transactions (Federal, State, or local) terminated for cause or default.

If reorganization, management turnover, or a shift or change of principals’ status occurs, written notice must be submitted within 21 days. Subsequent disclosure of unfavorable information will be subject to thorough review and remedial action. Updated versions of this certification may be requested on a routine basis.

Where the potential prospective recipient of Federal assistance funds is unable to certify to any of the statement in this certification, such prospective participant shall attach an explanation to the applicable bid/agreement/proposal.

Business/Vendor/Agency

Name of Authorized Representative Title of Authorized Representative

Signature of Authorized Representative Date r20141001

ATTACHMENT III:

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

CERTIFICATION

Attachment III | RFP – Environmental Education School Program

Acceptance of Certification

1. This bid/agreement/proposal or like document has the potential to be a recipient of Federal funds. In order to be in compliance with Code of Federal Regulations, the City requires this completed form. By signing and submitting this document, the prospective bidder/Vendor is providing the certification and acknowledgement as follows:

2. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.

3. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

4. The potential recipient of Federal assistance funds agrees by submitting this bid/agreement/proposal or like document that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

Instructions for completing the form, Attachment –Debarment Certification

1. The City of Long Beach sometimes receives Federal funding on certain purchases/projects. To ensure that the City is in compliance with Federal regulations we require this form to be completed.

2. The City of Long Beach checks the System for Award Management at www.sam.gov to make sure that Vendors who are awarded City contracts and/or purchase orders are not debarred or suspended. Prospective Vendors should perform a search on this website for your company and or persons associated with your business.

3. If your business is in compliance with the conditions in the form, please have the appropriate person complete and sign this form and return with your bid/proposal/agreement.

4. If at any time, your business or persons associated with your business become debarred or suspended, we require that you inform us of this change in status.

5. If there are any exceptions to the certification, please include an attachment. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility.