Produce to Market | LBRA RFP HE-22-174| 1

City of

Long Beach Request for Proposals Number

LBRA RFP HE-22-174 Produce to Market

Produce to Market | LBRA RFP HE-22-174| 1

Overview

Summary

The City of Long Beach (City), Department of

Health and Human Services (Health Department) is seeking to support one or more qualified organizations to plan, implement and evaluate a sustainable program that will allow small, medium and food stores in Long Beach the ability to procure fresh, quality produce at comparable prices to larger grocery markets. The goal is to increase access to fresh produce in priority neighborhoods.

Key Dates

Release Date: 01/06/23

Optional Pre-Proposal Meeting: 2:00 PM 01/26/23

Questions Due to the City: 11:00 AM 01/31/23

Proposals Due: 11:00 AM 02/16/23

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

Proposal Information

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

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

Produce to Market | LBRA RFP HE-22-174| 2

Official Contact

Tommy Ryan rfppurchasing@longbeach.gov

All communication with the City related to this

RFP must be directed to the contact listed above.

mailto:rfppurchasing@longbeach.gov

Produce to Market | LBRA RFP HE-22-174| 3

Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.3 Contract Management

2.4 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Selection Process & Timelines

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Additional Requirements

5.5 Protest Procedures

Produce to Market | LBRA RFP HE-22-174| 4

1 The Opportunity

1.1Project Summary

The City, Health Department, is seeking to support one or more qualified organizations to plan, implement and evaluate a sustainable program that will allow small, medium and food stores in Long Beach the ability to procure fresh, quality produce at comparable prices to larger grocery markets. The goal is to increase access to fresh produce in priority neighborhoods. The City will fund 1-2 proposals, up to $250,000 maximum per award, to the organization(s).

Proposed programs must be focused on implementing a food procurement system that reaches small, medium, and/or food stores located in the priority zone indicated on the map in Section 1.2. See Section 2 for the full scope of work.

1.2 Background

The demand for food assistance among low-income households in Long Beach has risen because of inflation, loss of wages/unemployment and business closures due to the

COVID-19 pandemic. As a result, many Long Beach residents will struggle to gain access to affordable produce, exacerbating nutrition insecurity and placing the City’s communities at greater risk for negative health outcomes associated with poor diets.

Fresh produce in neighborhood small markets and food stores can be powerful contributors to positive health outcomes, strengthen a community’s food system and ensure nutrition security for all. Unfortunately, many small markets are not able to carry a variety of fresh produce due to a lack of bulk purchasing power, limited options for produce vendors willing to sell to small markets, and/or limited options for purchasing culturally relevant produce requested to meet the needs of their unique neighborhoods. As a result, when produce is available, prices are often higher than that of comparable produce in more affluent neighborhoods or the produce available is of poor quality and limited selection.

Priority Zone Map (location of markets eligible for participation in proposed project:

Produce to Market | LBRA RFP HE-22-174| 5

Produce to Market | LBRA RFP HE-22-174| 6

In March 2021, the City Council adopted the Long Beach Recovery Act (LB Recovery

Act), a plan to fund economic and public health initiatives, including the Food Access

Projects, as a response to individuals and businesses critically impacted by the COVID-

19 pandemic. The LB Recovery Act has dedicated funding to support the City’s Healthy and Safe Communities, which includes support for these Projects and other Nutrition

Security programs.

1.3 Goals

The goals of this Produce to Market RFP are to provide the following to low-income food-insecure individuals/households in the priority zones of Long Beach.

• Improving access to fresh, healthy, local produce and increasing consumption of fruits and vegetables

• Contributing to a more resilient food system and increasing self-sufficiency of low-income, food insecure households/individuals to meet their nutrition needs.

• Incentivizing small, medium and food stores in priority neighborhoods to participate in the Long Beach Healthy Market Partnership program.

o The Long Beach Healthy Market Partnership program is currently working with local markets throughout Long Beach helping convert their stores to be healthier. The City is providing supplies, new designs, technical assistance, and other resources to markets on an ongoing basis in efforts to increase and sustain accessible fresh produce and other healthy foods for our residents in priority neighborhoods.

• Expanding the number of markets in Long Beach that meet the stocking requirements to accept CalFresh (SNAP), EBT and/or WIC.

• Supporting local market owners by reducing the costs associated with purchasing fruits and vegetables.

1.4 Award Terms

The contract term will be from the date of contract execution to September 30, 2024.

Selected organization(s) will only be eligible to receive reimbursement for eligible expenses incurred during the contract term.

The City will award up to $250,000 for each contract. Should additional funding be secured through other grants and initiatives, the selected organizations may receive an extension and/or augmentation in their contract to extend the term and scope of work.

https://longbeach.gov/recovery/plan/ https://longbeach.gov/recovery/plan/

Produce to Market | LBRA RFP HE-22-174| 7

2 Scope of Work

2.1 Description of Services

The selected organization(s) shall plan, develop, implement, and evaluate one or more programs that allow small, medium, and food stores in priority neighborhoods the ability to procure and stock affordable fruits and vegetables. This should increase access for low-income, food insecure households/individuals to purchase affordable produce from local markets.

The selected organization(s) shall provide a plan for how this proposed program will work. This shall include:

• Details of where they are purchasing the produce;

• How the produce will be transported (if applicable);

• How and where the produce will be stored until delivery or pickup by the markets;

• How the markets will be able to place their orders;

• A payment system for both markets and produce suppliers, i.e., wholesaler, farm, etc.; and

• How inventory, distributions, and payments will be continuously tracked.

Selected organization(s) shall implement their developed program over the remainder of the funding period up until September 30, 2024.

Health Markets Partnership Program

Working together with the Health Department and LBHMP team, selected organizations shall identify and recruit at least 6 markets within the priority map to participate in the proposed program. Proposals should describe how, through financial or other program benefit(s), markets identified by the Health Department as LBHMP stores are incentivized to participate in the program.

Evaluation and Reporting

Selected organization(s) shall evaluate the program and its ability to connect participating markets to a sustainable procurement system that increases the quality and/or quantity of produce that is stocked and sold at a price point that is profitable for the market yet on average, no higher than the cost to procure similar produce in more comparable markets located in more affluent neighborhoods (outside of the priority zone)

Additional Services

Selected organization(s) are encouraged, but not required, to develop and/or provide additional supports to participating markets including, but not limited to: market studies, Produce to Market | LBRA RFP HE-22-174| 8 business planning, product placement and marketing strategies, and/or inventory system development and training.

2.2 Performance Metrics & Contract Management

Selected organization(s) shall track required metrics for each activity and must report the metrics on a bi-monthly basis using a bi-monthly reporting tool provided by the

Health Department.

Metrics may include:

• Number of and names of collaborating entities, agencies, or networks.

• Name and address of markets outreached to.

• Name and address of markets enrolled in program.

• For each market: documentation of produce ordered including cost of produce for organizations and cost to market(s)

2.3 Contract Management

Selected organization(s) shall maintain and submit to the Health Department adequate information necessary to monitor program performance and progress in accordance with the program and City requirements. These requirements include programmatic reports, paid invoices/receipts with supporting documentation of eligible expenditures.

A designated contract manager will be assigned to the selected organizations.

Awarded organization(s) shall designate a lead contact for communicating with the

City. The lead shall participate in bi-monthly virtual check-in meetings with the Health

Department representative during all phases to measure progress, as well as participate in bi-monthly virtual Long Beach Healthy Market Partnership (LBHMP) meetings.

2.4 Contract Payment

The City issues payment based upon services rendered. After a contract is finalized and work is performed, the organization should invoice the City. The City will remit payment within 30 calendar days of receiving and reviewing invoice(s) with eligible expenses and all necessary invoice backup documentation. Payment will be reimbursement-based;

vendors are to submit invoice(s) bi-monthly with simple bi-monthly program reports and backup documentation. With City's approval, upfront payment will be considered for large equipment items that are justified for grant purposes. If needed, an awarded organization can request a small upfront of funds (up to 20% maximum of awarded amount), with justification.

Backup documentation of eligible expenditures must include:

Produce to Market | LBRA RFP HE-22-174| 9

• Staff and personnel costs – Labor report, paystubs, etc.

• Supplies/equipment– Itemized receipts or paid invoices that detail what was purchased and method of payment that support request for reimbursement.

• Other Program Purchases – Itemized receipts or paid invoices that detail what was purchased and method of payment that support request for reimbursement.

Funding and support for this grant is expected to end in September 30, 2024. All funds need to be spent by September 2024.

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

• The selected organization(s) must be a legal entity or sponsored by a fiscal agent who is able to enter a contract with the City.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

Evaluation Criteria Weight Description (Descriptions with multiple criteria are listed in order of priority)

Scope of Work 40% 1. Scope of Work: Scope of work includes specific, measurable, achievable, reasonable, and timely

(SMART) objectives/activities and all proposed activities are directly related to the goal of the RFP.

2. Proposed program clearly describes how they will implement a feasible and sustainable food procurement system that reaches small, medium, and/or food stores located in the priority zone indicated on the map.

Budget and Cost

Effectiveness 25% 1. Feasibility, reasonableness, and optimization of the proposed budget:

-- Proposed budget is reasonable, and all costs are required for the implementation and/or evaluation of the proposed program.

-- All personnel on budget include justification that demonstrates each position is reasonably aligned with

Scope of work

Organizational Capacity &

Experience 20% 1. Clear demonstration of selected organization(s) capacity to implement proposed program.

2. Successful demonstration of organization(s)

Produce to Market | LBRA RFP HE-22-174| 10 capacity to collect, manage, and report on the fiscal, evaluation, and programmatic requirements.

Evaluation Plan 10% 1. Clearly describes an evaluation plan to include how they will collect, analyze, and interpret formative, process, and impact/outcome data related to the proposed scope of work and overall program goal(s).

Sustainability 5% 1. Describes a clear and feasible plan for how the proposed program will be sustainable after the end of the contract term.

Total 100%

3.3 Selection Process & Timelines

EVALUATION STAGE

ESTIMATED

DATE DESCRIPTION

Evaluation of

Narrative & Cost

Proposals

Feb 2023 • An Evaluation Committee will review

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

City.

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

Interviews March 2023 • Evaluation committee will set virtual interviews with selected Organization(s) and any listed partners

Negotiation &

Contractor

Selection

March 2023 • Selected Contractor(s) will be notified in writing.

• Any award is contingent upon the successful negotiation of final contract terms. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

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

Contractors unless and until an agreement is reached.

Estimated Contract

Execution

April 2023

Produce to Market | LBRA RFP HE-22-174| 11

Proposer Debrief After

Contractor is

Selected

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

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date 01/06/23

Optional Pre-Proposal

Meeting

2:00 PM

01/26/23 •

Meeting will be held on 01/26/23 at 2:00 PM.

Please submit questions to

RFPPurchasing@longbeach.gov by 01/20/23 so the City can address them during the meeting. The final question deadline will be

11:00 AM 01/31/23.

• https://longbeach-gov.zoom.us/j/98422866633?

pwd=NkROaGRtbENac0oxZkhvRFdLSE1HUT09

• Meeting ID: 984 2286 6633. Passcode: NSI

• +12133388477,,98422866633# US (Los Angeles)

Questions due to the

City

11:00 AM

01/31/23

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

Posting of the Q&A 02/07/23 • Responses to the questions will be posted on the City’s Long beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/

Proposals due 11:00 AM

02/16/23

• Proposals should be submitted electronically via the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/ mailto:RFPPurchasing@longbeach.gov mailto:rfppurchasing@longbeach.gov

Produce to Market | LBRA RFP HE-22-174| 12

• 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

/bso/

4.2 Proposal Content

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

PROPOSAL

☐ Narrative

Proposal

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

Guidance on preparing a Narrative Proposal is detailed in

Section 4.3

☐ Cost Proposal The Cost Proposal should be uploaded in Microsoft Excel format or similar. Applicants are required to submit a competitive budget with justification as part of the application submission.

☐ Scope of Work

Chart

The Scope of Work Chart should be uploaded in Microsoft

Word format or similar. The Scope of Work Chart includes the following for each phase of the grant (Planning, Implementation, and Evaluation):

• Objective

• Activities

• Date/Timeframe

• Responsible Party

Produce to Market | LBRA RFP HE-22-174| 13

• Backup Documentation

PROPOSAL APPENDICES

☐ Other Addenda

(if applicable)

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

MANDATORY ATTACHMENTS | The following are included as Attachments in Long

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

Proposer.

☐ A. Authorization & Certification

☐ B. LBRA Pro Forma – For Reference Only (does NOT need to be completed)

☐ C. Equal Benefits Ordinance (EBO) Form

Attachments Which May Be Submitted Upon Award: Upon award, Awarded

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

☐ D. W-9

☐ E. Business License

☐ F. Proof of Registration with the California 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 Narrative Proposal Template

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

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

Organization(s) shall clearly and with as much detail as possible layout their plan to provide affordable fresh produce to markets in the priority zones. Organization(s) should demonstrate capacity to plan, implement, evaluate, and track all progress throughout the contract term.

Organizational Capacity & Experience

Contact and Organization Information

1. Contact and Organization Information

a. Name of

Organization

b. Name (First/Last)

c. Email Address

Produce to Market | LBRA RFP HE-22-174| 14

d. Social Media

Facebook

Instagram

e. Phone

f. Mailing Address

g. Federal Tax ID

2. Program Leads (Please attach resume and/or brief bio of key personnel responsible for the implementation, evaluation, and/or fiscal management of the proposed program. The same person may lead some or all these positions)

Project Lead

a. Name of Organization

b. Name (First/Last)

c. Email Address

d. Phone Number

e. Mailing Address

Implementation

Lead

f. Name of Organization

g. Name (First/Last)

h. Email Address

i. Phone Number

j. Mailing Address

Evaluation Lead

a. Name of Organization

b. Name (First/Last)

c. Email Address

d. Phone Number

e. Mailing Address

Fiscal

Management

Lead

a. Name of Organization

b. Name (First/Last)

c. Email Address

d. Phone Number

e. Mailing Address

3. Collaborative or Partnership Organization Contact Information (Optional)

If applying as a collaborative or in partnership with 1 or more organizations, please provide the following for each lead partner (anyone who is responsible for achieving proposed objectives and/or who will receive funding under this grant proposal). Additionally, separately attach signed letters of commitment that describe the role of each partner organization.

Organization 1

k. Name of Organization

l. Name (First/Last)

m. Email Address

n. Phone Number

o. Mailing Address

Organization 2

f. Name of Organization

g. Name (First/Last)

Produce to Market | LBRA RFP HE-22-174| 15

h. Email Address

i. Phone Number

j. Mailing Address

Organization 3

f. Name of Organization

g. Name (First/Last)

h. Email Address

i. Phone Number

j. Mailing Address

4. References (A minimum of two (2) professional references that can speak to the organization(s) capacity to perform this work are required)

Organization 1

a. Company

b. Program Manager

c. Phone Number

d. Project Description

e. Project Start and End

Date

Organization 2

a. Company

b. Program Manager

c. Phone Number

d. Project Description

e. Project Start and End

Date

Method of Approach

1. Category–Please check one (1) option below that best describes your proposed program.

€ Funds will be used to establish a sustainable system that allows participating markets to benefit from “group purchasing power”, such as establishing “food hubs” that can serve as regional distribution centers to reduce transportation cost and increase purchasing power for individual markets

€ Funds will be used to establish a sustainable system that allows participating markets to benefit from “increased purchasing power” by directly connecting growers/vendors with markets through a centralized ordering system and providing an option to pick up and/or have delivered low-cost locally grown and culturally relevant produce to participating markets.

€ OTHER: please describe below an approach that accomplishes the goal of establishing a system for participating markets to purchase and receive fresh produce at competitive wholesale prices. Please describe in 1-2 sentences below:

Produce to Market | LBRA RFP HE-22-174| 16

2. Planning Phase- Please describe the planning phase of your proposed program.

In your description, describe key steps and objectives and how these activities are required to implement and/or evaluate the proposed program. (Word count limit 300)

a. Where will your organization get the produce? (Please include who will do this, how it will be done and how often, and what backup documentation you will be able to provide.)

b. How will markets receive the produce? (Please include who will do this, how it will be done and how often, and what backup documentation you will be able to provide.)

3. Implementation Phase- Please describe the implementation phase of your proposed program. In your description, describe key steps and objectives and how these activities will help to achieve your overall program goal(s). (Word count limit 300)

a. How will markets place their orders? (Please include who will do this, how it will be done and how often, and what backup documentation you will be able to provide.)

Produce to Market | LBRA RFP HE-22-174| 17

b. How will payments be made to wholesaler/farm/vendor etc. And how will markets make their payments? (Please include who will do this, how it will be done and how often, and what backup documentation you will be able to provide.)

c. Market Incentives- Please describe how proposed program will incentivize markets to join the Long Beach Healthy Market Partnership Program (Example:

reduced participation or delivery fee, etc.) (Word count limit 300)

d. Promotion and Communication- Please describe your promotion plan including how you plan to promote and engage markets to participate. (Word Count

Limit 300.)

e. Promotion and communication materials, such as flyers, educational materials and other promotional materials, must be translated into Spanish, Khmer, and

Tagalog (other languages if necessary to reach target population). Please indicate below if your organization can translate written material in the following languages:

☐ Spanish

☐ Khmer

☐ Tagalog

☐ Other: __________________________________

Produce to Market | LBRA RFP HE-22-174| 18

4. Evaluation Phase- Please describe how process and impact evaluation will be conducted and utilized throughout the contract term. (Word count limit 300)

a. Tracking and Reporting- Please describe the organization's capacity to manage and report the fiscal, metrics, and progress of the proposed program throughout the funding period? What systems will be utilized for these requirements? (Please include who will oversee this, and how it will be provided to the City.)

5. Sustainability- Please describe how the proposed program will be sustainable after the end of the contract term. (Word count limit 300)

Communications & Reporting

1. The City requires that the Selected Organization(s) provide proof of payment of any subcontractors used for this program. If the proposal includes subcontractors, please describe the plan for how the City will be notified of such payments.

Acknowledgements

☐ I understand that only the purchase of fresh produce will be approved for reimbursement.

Produce to Market | LBRA RFP HE-22-174| 19

☐ I understand that changes to the budget and/or workplan must be pre-approved by the City.

☐ I understand that appropriate backup documentation is required for all expenses.

☐ I understand that bi-monthly reporting must include required demographic information.

Produce to Market | LBRA RFP HE-22-174| 20

Cost Proposal Template – Upload separately from the Narrative

Budget Document- Produce to Market RFP

COST CATEGORY

TOTAL COST

A. PERSONNEL COSTS (Examples in red)

Title and Description % FTE or # of Hours

/ Fringe %

Total Cost

Program Manager (Jane Smith) - Responsible for ensuring scope of work is met, reports are completed, and supervises all staff. $25 per hour x 80 hours.

80 hours $2,000.00

Category Sub-Total $0.00

B. TRAVEL/MILEAGE EXPENSE (Provide justification and what expenses are for: mileage, etc.)

C. CONTRACTUAL SERVICES (If subcontractors/paid partners are included, please provide brief justification for each)

D. EQUIPMENT (Includes computers, software, etc. - please provide justification for each)

E. OTHER DIRECT COSTS (All other expenses necessary to complete proposed scope of work.

Please provide brief justification for each)

F. INDIRECT COSTS (Max of 5% of total costs)

GRANT TOTAL $0.00

Produce to Market | LBRA RFP HE-22-174| 21

Scope of Work Chart

Instructions: For each major phase (planning, implementation, and evaluation) please list and describe the key Specific – Measurable – Achievable – Relevant – Timebound

(SMART) objectives to be achieved. Please add rows/sheets as needed to describe your proposed program.

Objective: (Example – By 12/1/2022 identify and recruit at least 5 markets to participate in the Produce to Market program).

Planning Objective:

Planning Phase

Date /

Timeframe

Activity Responsible

Party

Backup

Documentation

Example:

10/1/22 –

12/1/22

Working with the Health

Department, identify a list of potential markets to outreach to in an effort to recruit them to participate in the Produce to

Market program.

Program

Coordinator

List of markets reached, outreach materials, signed partner forms

Implementation Objective:

Implementation Phase

Date /

Timeframe

Activity Responsible

Party

Backup

Documentation

Example:

1/1/23 –

6/1/24

Implement Produce to Market program with 10 recruited markets.

Program

Coordinator

List of markets participating.

Produce to Market | LBRA RFP HE-22-174| 22

Evaluation Objective:

Evaluation Phase

Date /

Timeframe

Activity Responsible

Party

Backup

Documentation

Example:

7/1/24 –

9/30/24

Evaluate Produce to Market program.

Program

Coordinator

Evaluation data collected.

Produce to Market | LBRA RFP HE-22-174| 23

5 Terms & Conditions

5.1 Acronyms/Definitions

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

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

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

4. Department / Division: City of Long Beach, 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 seek and review any other information deemed pertinent to the evaluation process.

Produce to Market | LBRA RFP HE-22-174| 24

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

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

Proposers should submit accordingly. If the information submitted by the

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

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

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

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

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

RFP, shall be final.

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

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

10. If the City receives a single responsive, responsible proposal, the City may request an extension of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By conducting such analysis, the City shall not be obligated to accept the single proposal. The City reserves the right to reject such proposal or any portion thereof.

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

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

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

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

Produce to Market | LBRA RFP HE-22-174| 25

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

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

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

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

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

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

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

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

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

Proposer’s obligations.

22. If the Contractor elects to use subcontractors, the City requires that the Awarded

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

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

Produce to Market | LBRA RFP HE-22-174| 26

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

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

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

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

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

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

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

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

30. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the

Produce to Market | LBRA RFP HE-22-174| 27 proposal. Any Proposer misrepresentation shall be treated as fraudulent concealment from the City of the true facts relating to the proposal.

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

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

33. 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.

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

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

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

Produce to Market | LBRA RFP HE-22-174| 28 state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of Sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

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

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

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

Awarded Contractor’s expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Awarded Contractor shall be required for the duty to defend to arise. City shall notify Awarded Contractor of any Claim, shall tender the defense of the Claim to Awarded Contractor, and shall assist Awarded Contractor, as may be reasonably requested, in the defense.

7. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Awarded

Contractor’s costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified

Parties.

Produce to Market | LBRA RFP HE-22-174| 29

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

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

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

Contract.

5.4 Insurance Requirements

INSURANCE. As a condition precedent to the effectiveness of this Agreement, Contractor shall procure and maintain at Contractor’s expense for the duration of this

Agreement 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 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 work or activities performed by or on behalf of the Contractor in an amount not less than One Million Dollars (US

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

(b) Only if applicable, 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.

(c) Only if delivery or transport of food or transport of people is part of the scope of services, commercial automobile liability insurance equivalent in coverage scope to

ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US

$500,000) combined single limit (CSL) covering Symbol 1 (any auto).

Any self-insurance program or self-insurance retention must be approved separately in writing by City and shall protect the City of Long Beach, and its officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall

Produce to Market | LBRA RFP HE-22-174| 30 be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

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

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

“Occurrence” policies are not available in the market for the risk being insured. If a

“Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this Agreement. 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

Agreement.

5.5 Protest Procedures

Who May Protest

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

Time for Protest

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

Produce to Market | LBRA RFP HE-22-174| 31 limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFP justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

Form of Protest

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

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

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

City Response to Protest

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

Limitation of Remedy

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