2022-09-09 Page 1 of 25

City of

Long Beach Request for Proposals Number HE-22-099

LBRA Youth Mentoring Facilitation Services

2022-09-09 Page 1 of 25

Overview

Summary

The City of Long Beach (City), Department of Health and Human Services (Health Department), Office of

Youth Development (OYD), is seeking to contract with a third-party mentoring organization that will facilitate a

Citywide Mentoring Program to connect middle school students with City employees to receive mentorship. This will be in partnership with the Long Beach Unified School

District (LBUSD), Long Beach Public Libraries, Long Beach

Police Department, Department of Parks, Recreation and Marine, and Pacific Gateway Workforce Innovation

Network.

Key Dates

Release Date: Sept. 28, 2022

Optional Pre-Proposal Meeting: 11:00 AM Oct. 11, 2022

Questions Due to the City: 11:00AM Oct. 14, 2022

Proposals Due: 11:00AM Oct. 28, 2022

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

Contractors.

Proposal Information

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

Proposals must be submitted electronically via the

City’s portal, available at https://longbeachbuys.buyspeed.com/.

RFP Official Contact

Tommy Ryan rfppurchasing@longbeach.gov

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

https://longbeachbuys.buyspeed.com/ mailto:rfppurchasing@longbeach.gov

2022-09-09 Page 2 of 25

Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.2.1 Problem Statement

1.3 Goals

1.4 Award Terms

2 Scope of Work

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 Selection Process & Timelines

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

4.2 Proposal Content

4.3 Evaluation Criteria

4.4 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

2022-09-09 Page 3 of 25

The Opportunity

1.1 Project Summary

In partnership with LBUSD, Long Beach Public Libraries, Long Beach Police Department, Department of Parks, Recreation & Marine, and Pacific Gateway Workforce Innovation

Network, OYD is launching a City Employees Youth Mentoring Program (Program). This

Program will create mentoring connections between 100 City employees and 100 LBUSD middle school students. This Program will take place in the 2022-2023 and 2023-2024 school years, and the number of mentoring connections for each school year may vary.

Students from middle schools in neighborhoods affected by disproportionate amounts of violence, poverty, and COVID-19 will be the selected population. The City is seeking to contract with a third-party mentoring organization to facilitate the program and mentoring connections.

1.2 Background

Established in 1906, the Health Department is one of three city-operated health jurisdictions in California. The Health Department’s mission is to improve the quality of life by promoting a safe and healthy community in which to live, work, and play. The Health

Department fulfills its public health mission by providing locally administered programs and implementing policies that improve the social determinants of health using an equity lens.

OYD is a cross-departmental office housed in the Health Department. OYD was established to carry out the Long Beach Youth & Emerging Adults Strategic plan, a 5-year plan launched in Feb 2021.

The Youth & Emerging Adults Strategic Plan identifies mentorship as a specific strategy to invest in. It asks that the City explore mentorship best practices under the My Brother’s

Keeper Network with the intent to establish a Citywide mentorship best practice program. Similarly, the City’s Racial Equity & Reconciliation Report calls for the City to explore a Citywide mentoring program to match City staff with community youth.

Over the course of 6 months, City representatives from multiple departments, along with partners from LBUSD, formed a workgroup to explore mentoring best practices, resources and talents to inform the development of a Citywide mentorship program.

Facilitated by OYD, the workgroup identified the need to obtain City staff to serve as mentors, and worked with the Department of Human Resources to ensure staff would be available to support this program.

LBUSD has agreed to be a part of the Program with the Head Counselor of Middle

Schools serving as a lead for Program coordination. Each school site will have school employees (counselors, teachers, paraeducators, administrators, etc.) submit referrals

2022-09-09 Page 4 of 25 for students into the Program. Students with the most need and capacity for mentoring connections will be referred into the Program.

This Program is made possible by the Long Beach Recovery Act (LB Recovery Act)

Violence Prevention and Safe Cities Funding, which was adopted by the City Council in

July 2021 under the Long Beach Safety Recovery Plan.

The City seeks to contract with a mentoring organization to facilitate the Program, including creating mentorship connections between City Employees and middle school students.

1.2.1 Problem Statement

In June 2020, the Long Beach City Council unanimously adopted a resolution acknowledging racism as a public health crisis in the City and adopted the Framework for Reconciliation. Following this, the City released the initial report on the Racial Equity and Reconciliation Initiative.

Structural racism has created neighborhoods with schools that experience disproportionate amounts of violence, poverty, and adverse health impacts.

Community trauma from these inequities burdens students and schools with a disadvantage in positive youth development and in fostering social capital through positive role models that are needed beyond classroom curriculum.

The City has approximately 6,000 employees. City employees play a role in serving as positive role models for the next generation. Connecting City employees with middle school students can build the needed social capital among students from neighborhoods that experience disproportionate amounts of violence. The City has an untapped potential of connecting professionals, who can be effective mentors, with young people in the City’s communities. These relationships will support positive youth development among youth and place City employees in roles that increase students’ academic readiness, social connectedness, and social capital.

1.3 Goals

1. Implement a City Program by pairing City employees with Middle School students over the 2022-2023 and 2023-2024 school years.

2. Serve students from middle schools in neighborhoods affected by disproportionate amounts of violence, poverty, and COVID-19.

3. Students served from these middle schools show increases in academic readiness, social connectedness, and social capital.

4. Collaborate with the City to collect the necessary data to measure Program effectiveness for goal 3 of this RFP.

2022-09-09 Page 5 of 25

1.4 Award Terms

The awarded vendor will be contracted for a period ending December 2024, with the option to renew for two additional one-year periods.

2 Scope of Work

2.1 Description of Services

The vendor shall propose a mentoring framework that incorporates mentoring best practices in implementing and facilitating a mentoring program between City

Employees and LBUSD middle school students. The vendor is expected to implement the mentoring program both on-site at schools during the school year and off-site during the summer.

The awarded vendor shall provide the following services and include their method of approach in their proposal:

• Facilitate 100 mentoring connections between City Employees and middle school students across the 2022-2023 and 2023-2024 school years.

o Students will be selected from 5 identified LBUSD middle schools.

o There is no minimum number of students per school; LBUSD will determine the number and select the students based on need and capacity.

o Mentoring connections from year 1 can rollover to year 2.

o Mentors will provide approximately 1 hour of mentoring each month

• Develop a selection process for mentors in collaboration with OYD.

• Provide mentor orientation and trainings for new mentors that incorporate mentoring best practices

• Provide incentives for both mentors and mentees participating in the Program, including incentives to enhance mentoring connection.

• Collaborate with LBUSD to ensure attendance of both mentors and mentees in mentorship connection meetings. Meetings should be held at the applicable school site once a month.

• Monitor mentoring relationships to ensure an effective match

• Incorporate a model to adjust mentoring connections as needed.

• Coordinate field trip events for interactive/fun activities between mentors and mentees outside of the school setting and school year. Associated costs should be included in the cost proposal.

• Collaborate with OYD to develop a data sharing agreement between the awarded vendor, LBUSD and the City.

2022-09-09 Page 6 of 25

• Students served from these middle schools showed increases in academic readiness, social connectedness, and social capital.

• Attend bi-weekly check-in meetings with the OYD.

• Create quarterly progress reports shared and presented to City interdepartmental workgroup.

• Gather and share pre- and post-data to be used for evaluation by a third-party.

See Section 2.2.1 for Performance Metrics.

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

• Facilitated a total of 100 mentoring connections between the City Employees and middle school Students over a period of two school years.

• An outside third-party evaluator will be contracted by the City to evaluate success of mentoring connections through participant surveys, focus groups, and staff feedback. The evaluator shall work alongside the OYD, LBUSD, and the awarded vendor to gather data on the impact of the mentoring relationship.

o Some of the data is already gathered by LBUSD pre and post school years and the awarded vendor shall collaborate with LBSUD in that process. Final data points may be negotiated and finalized prior to contract execution.

2.2.2 Contract Management

The awarded vendor shall maintain and submit required documentation to monitor program accountability and progress in accordance with City requirements to OYD.

These conditions include performance reports, invoices with supporting documentation of eligible expenditures, and insurance/contract requirements as stated within the RFP.

The primary points of contact will be OYD’s Program Manager and Program

Coordinator.

2.2.3 Contract Payment

The City will negotiate a reasonable payment schedule with the awarded vendor. The

City issues payment based upon services rendered. After a contract is finalized and work is performed, the awarded vendor should invoice the City on a quarterly basis. 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

2022-09-09 Page 7 of 25

• Mentoring services listed as full-time component of organizational structure

• At least three (3) years of experience with facilitating mentoring programs

3.2 Selection Process & Timelines

EVALUATION STAGE

ESTIMATED

DATE DESCRIPTION

Evaluation of

Narrative & Cost

Proposals

Nov. 2022 • An Evaluation Committee will review

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

City.

• Evaluations will be conducted using a methodology derived from the evaluation criteria listed in Section 4.3.

Negotiation &

Contractor

Selection

Nov. 2022 • Awarded vendor 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 vendor or withdraw the RFP.

• Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached.

Estimated Contract

Execution

Nov. - Dec.

• Awarded vendor will begin to operate the program all the necessary documentation and signatures are obtained from the vendor and filed with the City Clerk’s office.

• Documentation includes but is not limited to gathering all required insurance certifications and other required documents

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.

2022-09-09 Page 8 of 25

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date Sept. 28, Optional Pre-Proposal

Meeting

11:00AM

Oct. 11, https://us02web.zoom.us/j/7328627493

Questions due to the

City

11:00AM

Oct. 14,

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

Posting of the Q&A Oct. 18,

• Responses to the questions will be posted on the City’s portal, available at https://longbeachbuys.buyspeed.com.

Proposals due 11:00AM

Oct. 28,

• Proposals should be submitted electronically via the City’s portal, available at https://longbeachbuys.buyspeed.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 Long Beach Buys indicating that the proposal was submitted successfully. The City will only receive proposals that were transmitted successfully.

o Technical support is available by phone at (562) 570-6200 o Support resources including a list of

Frequently Asked Questions are available on Long Beach Buys at https://longbeachbuys.buyspeed.com.

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.

https://us02web.zoom.us/j/7328627493 mailto:rfppurchasing@longbeach.gov

2022-09-09 Page 9 of 25

PROPOSAL

☐ Narrative

Proposal

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

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

☐ Cost Proposal The Cost Proposal should be prepared using the provided budget template. This will provide an overview of costs for the entire program by personnel and non-personnel costs. Submit a separate budget narrative (maximum 2 pages, single-spaced, 12-point font) with the budget template. The budget narrative shall describe personnel involved, including roles and responsibilities related to the program, and a description of the program costs included in the budget template. The budget template and budget narrative should align with the

Narrative Proposal.

Qualified expenditures can include:

• Staff positions providing direct programs and services

• Benefits for staff positions listed above

• Sanitation supplies, cleaning services, and PPE, etc.

• Items for the program supplies such as food, gift cards, learning supplies, etc.

• Equipment for staff to implement support services such as small electronics, learning software, etc.

• Transportation costs

• Indirect costs (capped at 10% of total budget

PROPOSAL APPENDICES

☐ Financial

Stability

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

• Financial Statement or Annual Report

• Business tax return

• Statement of income and related earnings

☐ Other Addenda

(if applicable)

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

2022-09-09 Page 10 of 25

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

NON-MANDATORY ATTACHMENTS | The following are required for awarded

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

☐ C. W-9

☐ D. Business License

☐ E. Proof of Registration with Secretary of State

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

4.3 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA

1. Organizational Capacity and Experience

• Meet the minimum qualifications stated in Section 3.1 of this RFP

• Experience in performance of comparable engagements

• Expertise and availability of key personnel

• Financial Stability

2. Communication & Reporting

• Planned approach to track progress of the project and report programmatic outcomes and financial information.

• Ability to track program data and report it to the workgroup and the City

• Model of ensuring supervision and accountability of staff towards project coordination

3. Method of Approach

• Planned approach on how the organization manages and coordinates a large number of mentors and mentees

• Effective strategy to ensure quality mentoring connections and ability to identify ineffective mentor to mentee relationships

• Incorporation of best practices that include critical mentoring, cultural humility, healing-centered (trauma informed).

4. Reasonableness of Cost

• Thorough and reasonable program cost analysis

2022-09-09 Page 11 of 25

• Clearly articulated budget narrative which reflects the components of the proposed program model

4.4 Narrative Proposal Template

An editable version of the template below has been posted to Long Beach Buys.

Proposers should complete the editable template and submit it as their narrative proposal.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Website

Federal Tax ID Number

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other ______________________________

Please describe why the organization is qualified to provide the services described in this RFP and provide specific examples of providing these services (2-3 paragraphs).

2022-09-09 Page 12 of 25

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

Briefly describe the key staff managing and implementing the project. Include language skills and lived experience relevant to the project. (Attached resumes:

optional. Narrative: 300 words maximum)

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Method of Approach

1. Please describe the Mentoring pairing/connections your organization facilitates with your mentees/mentors.

2. What is your organization’s proposed program model for developing the mentoring connections and how will it pair 100 mentees to 100 mentors??

3. How does your organization identify and ensure mentoring connections are a match? What steps are taken when a pairing is not a match?

4. What best practice or practices does your organization incorporate into mentoring?

5. Describe any experience the organization has working with students residing in communities disproportionately impacted by poverty, crime, and COVID-19?

2022-09-09 Page 13 of 25

Communications & Reporting

1. What measures do you take to report programmatic outcomes and ensure project deliverables?

2. How have you used data and reporting systems for program development and management in the past? Are there any additional performance metrics that you recommend tracking?

3. What steps do you take to ensure project accountability among your staff?

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

2022-09-09 Page 14 of 25

5 Terms & Conditions

5.1 Acronyms/Definitions

1. Awarded Vendor / Contractor: The organization/individual that is awarded a contract with the City of Long Beach, California for the services identified in this

RFP.

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

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

4. Department / Division: City of Long Beach, Department of Health and Human

Services

5. Evaluation Committee: An independent committee comprised solely of representatives of the City established to review proposals submitted in response to the RFP, evaluate the proposals, and select a Contractor.

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

7. RFP: Request for Proposals.

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

9. Should: Indicates something that is recommended but not mandatory. If the

Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the proposal without the information.

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

5.2 Solicitation Terms & Conditions

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

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

Proposers.

3. The City may contact the references provided; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and

2022-09-09 Page 15 of 25 seek and review any other information deemed pertinent to the evaluation process.

4. The level and term of documentation required from the Proposer to satisfy the

City will be commensurate with the size and complexity of the contract and

Proposers should submit accordingly. If the information submitted by the

Proposer, or available from other sources, is insufficient to satisfy the City as to the

Proposer’s contractual responsibility, the City may request additional information from the Proposer or may deem the proposal non-responsive.

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

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

7. The City’s determination of the Proposer’s responsibility, for the purposes of this

RFP, shall be final.

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

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

10. Any irregularities or lack of clarity in the RFP should be brought to the Purchasing

Division designee’s attention as soon as possible so that corrective addenda may be furnished to Proposers.

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

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

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

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

2022-09-09 Page 16 of 25

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

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

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

18. The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.

19. Proposal will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law.

Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of all claims for damages caused by any release of the information.

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

21. If the Contractor elects to use subcontractors, the City requires that the awarded

Contractor provide proof of payment of any subcontractors used for this project.

Proposals shall include a plan by which the City will be notified of such payments.

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

2022-09-09 Page 17 of 25

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

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

25. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the City Contact.

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

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

28. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including, without limitation, the Attachment

B contract form and all terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

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

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

2022-09-09 Page 18 of 25

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

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

Long Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance.

Proposers shall refer to Attachment G for further information regarding the requirements of the ordinance. If Attachment G is not present in the RFP, the

Equal Benefits Ordinance does not apply to this procurement.

33. All Proposers shall complete and return, with their bid, the Equal Benefits

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

5.3 Contract Terms & Conditions

1. The awarded Contractor will be the sole point of contract responsibility. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded

Contractor shall not be relieved for the non-performance of any or all subcontractors.

2. The awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the awarded Contractor has submitted acceptable evidence of the required insurance coverages.

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

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

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

4. All work performed in connection with construction shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all http://www.longbeach.gov/finance/business_license

2022-09-09 Page 19 of 25 directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

5. Contractor shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents (“Indemnified Parties”), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys’ fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Project’s Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section

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

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

City shall notify Contractor of any Claim, shall tender the defense of the Claim to

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

7. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Contractor’s costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties.

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

2022-09-09 Page 20 of 25

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

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

Contract.

11. Insurance Requirements.

a. 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:

i. Commercial general liability insurance equivalent in coverage scope to ISO CG 00 01 10 93 naming the City of Long Beach and its officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 26 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of activities or work performed by or on behalf of the Contractor in an amount not less than Two Million Dollars (US $2,000,000) per occurrence and Four Million Dollars (US $4,000,000) in general aggregate. Such insurance shall not exclude coverage for liability resulting from abuse and molestation.

ii. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One Million Dollars (US $1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach and its officials, employees, and agents.

iii. 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”).

iv. If professional services (i.e., services requiring a professional license including, but not limited to, psychology or social work) are provided

2022-09-09 Page 21 of 25 as part of the Contract, professional liability or errors and omissions liability insurance in an amount not less than One Million Dollars

($1,000,000) per claim and in aggregate covering the services provided pursuant to this Contract.

b. 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.

c. 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.

d. Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. In a

“Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this Contract. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Contract.

12. In addition, the following should be considered:

a. Contractor staff and agents and participating City employees/mentors shall warrant that they shall be subject to the requirements and restrictions as mutually specified by the City and LBUSD, and subject to LBUSD’s pre-

2022-09-09 Page 22 of 25 screening requirements and the City’s rules and regulations governing conduct. Such rules and regulations may include, but not be limited to:

i. Confidential Student Information - student records shall remain confidential as required by the Family Educational Rights and Privacy

Act (FERPA). Neither Party shall release any protected student information without written consent of the student, unless required to do so by law or as dictated by the terms of this Contract.

ii. Pre-Placement Screens – If Contractor staff and agents and participating City employees/mentors interactions with minors or other vulnerable people may involve unsupervised contact, Contractor staff and agents and participating City employees/mentors shall be fingerprinted as required by the LBUSD.

iii. Orientation, Student Safety and Health Risks – City shall provide an orientation of its site and all relevant policies and procedures to assigned students and LBUSD instructors. LBUSD shall provide City with copies of signed parental consents, waivers, and releases which include the City as an indemnified party for each student prior to their participation.

5.4 Additional Requirements

The Mentoring Organization will ensure all staff for this project complete a Live Scan and have the necessary background checks to work with minors. Additionally, the selected contractor will ensure client data are secured at all times and only parties agreeing to the data sharing agreement have access to said information. Data collected for this program cannot be used by the contractor vendor for their purposes without the written consent of the City of Long Beach.

The Mentoring Organization agrees to a collaborative process in the development and implementation of this program and work closely with the Office of Youth Development staff and the City’s working group to ensure the model is effectively implemented at the selected schools.

All press release and marketing materials for this program will need to follow the required city style guide and need to be approved by the City’s Public Information Officer. The

Mentoring Organization agrees to track the number of city employee hours dedicated to this project and report on this metric to program staff.

2022-09-09 Page 23 of 25

5.5 Protest Procedures

Who May Protest

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

Time for Protest

The City will post a notice of the intent to award a contract at least ten (10) business days before an award is made. The notice will be available to all Proposers who submitted a proposal via the City’s electronic bid notification system at http://www.longbeach.gov/purchasing. A Proposer desiring to submit a protest for a proposal must do so within five (5) business days of the electronic notification of intent to award. The City Purchasing Agent must receive the protest by the close of business on the fifth (5th) business day following posting of notification of intent to award the contract. Proposers are responsible for registering with the City’s electronic bid notification system and maintaining an updated Contractor profile. The City is not responsible for Proposers’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFP justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

Form of Protest

The protest must be in writing and signed by the individual who signed the proposal or, if the Proposer is a corporation, by an officer of the corporation, and addressed to the

City Purchasing Agent. Protests must be submitted via the email address above. They must include a valid email address and phone number. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated and must refer to specific portions of the RFP and attachments upon which the protest is based. Once the protest is received by the

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

City Response to Protest

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

Limitation of Remedy

2022-09-09 Page 24 of 25

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.