Request for Proposals-City of Long Beach Digital Automation Platform Technology Modernization.pdf

RTI 25-003

6/6/2025

City of Long Beach

DEPARTMENT OF PUBLIC WORKS

ONE WEST CHESTER STREET

LONG BEACH, NEW YORK 11561

Tel: (516) 431-1011

Introduction

The City of Long Beach is requesting proposals from qualified, competent, knowledgeable, and experienced vendors that provide the services requested in this Request for Proposal (“RFP”), in compliance with all applicable laws, regulations, policies and procedures. Companies submitting responses must be prepared to enter into an agreement (“Agreement”) for the provision of requested services and goods as set forth in this RFP.

Issue Date: August 10, 2026

RFP Title: City of Long Beach NY

Digital Automation Platform

Technology Modernization

Contact: Steven Friedman, P.E

Deputy Commissioner

Phone: (516) 705-7236

E-mail: sfriedman@longbeachny.gov

RESPONSES MUST BE SUBMITTED ONLY ON THE DAY OF BY: 3:00 p.m. on Monday, August 31, 2026. A submission received after this date and time will be considered non-responsive.

Submit your full electronic proposal to the attention of Steven Friedman, P.E

Longevity of Proposals

A proposal may be withdrawn at any time prior to the date specified as the Submission

Deadline. However, no Proposer may withdraw or cancel a Proposal for a period of forty-five (45) days following the Submission Deadline, nor shall the successful proposer withdraw or cancel or modify the Proposal, after having been notified that the Proposal has been accepted by the City, except at the request of the City or with the City’s written consent.

Right of Rejection by the City

Notwithstanding any other provisions of this RFP, the City reserves the right to select the respondent that best meets the requirements of the RFP, and not necessarily to the lowest priced proposal. Further, the City, reserves the right, for any or no reason and in its sole and absolute discretion, to (1) amend, in whole or part, (2) withdraw or cancel this RFP, and (3) accept or reject any or all Proposals prior to execution of the contract for the Project for any or no reason and with no penalty to the

City.

Notice of Award

The City shall inform the Awardee that they have been selected by means of a Notice of Award issued by the

City. Neither the selection of a respondent as the Awardee nor the issuance of a Notice of Award shall constitute a binding commitment on behalf of the City to enter into any contract with the Awardee, as any binding arrangement must be set forth in definitive documentation negotiated between and signed by the

Awardee and the City.

Contract Negotiations

The City intends to enter into contract negotiations with the firm or firms selected, who shall be required to enter into a written contract (hereinafter, the “Contract”) with the City in a form satisfactory to the City Council.

The terms of the Agreement will be similar to the draft agreement included herein in Appendix C. If the firm requires a modification of the draft agreement that request shall be included as part of the cost proposal.

Modification requests may not be entertained if submitted at a later date.

The City reserves the right to negotiate the terms and conditions of the Contract(s) with the selected Proposer(s), if any. These negotiations could include all aspects of services and fees. Neither the selection of a Proposer nor the negotiation of the Contract with such Proposer(s) shall constitute a binding commitment on behalf of the City to enter into a Contract with such Proposer(s), as any binding arrangement must be set forth in the Contract signed by both parties and is subject to all requisite approvals.

INSURANCE REQUIREMENTS

The CONSULTANT shall maintain during the performance of the Contract the following insurance coverage in the amounts specified:

1. Commercial General Liability and Property Damage insurance covering the liability of the consultant including Contractual insurance defending indemnifying and holding harmless the

City, its agents, employees and representatives from any and all loss and/or damage arising out of the performance of this agreement with a combined single limit (bodily injury/property damage) of $2,000,000.00 per occurrence.

2. Professional Liability, $1,000,000.00 per claim, $2,000,000, aggregate.

3. Automobile Liability and Property Damage, Bodily Injury and Property Damage

$1,000,000.00 per occurrence.

4. Professional document / Valuable papers insurance in the minimum amount of $100,000.00.

5. Professional errors and omissions insurance in the minimum amount of $1,000,000.

6. Workers Compensation insurance or proof of its not being required to secure same, as evidenced by certificates or affidavits approved by the State Workers Compensation Board pursuant to State Workers

Compensation Law 220(2).

The City shall be named as additional insured on these policies and the provider will be subject to the approval of the Corporation Counsel.

At the time of execution of the Contract, the Awardee shall furnish the City with certificates of insurance evidencing the required coverage. All certificates of insurance shall provide that the policies shall not be changed or cancelled unless thirty (30) day’s prior written notice is given to the City and the Commissioner of

Public Works.

Project Overview

The City’s objective is to obtain a software system that provides an integrated solution for all employees and departments using it. We desire a single vendor who provides a SAAS (Software-as-a-Service) solution including hosted hardware, software, training, data conversion, data backup and disaster recovery services and any other services as required. The City currently uses a combination of legacy systems, spreadsheets, and paper processes. The goal is to consolidate these into a unified platform that supports secure, efficient, and mobile-friendly operations. The new system would enhance our current citizen engagement, public works, pavement and asset management systems.

Proposal will be the complete implementation and use of:

1- Public Works Work Order Management

2- Facilities Asset Management

3- Pavement Management

4- Citizen Engagement

Long Beach is not issuing a commodity technology RFP. This is a strategic, multi-year transformation engagement that requires a partner with deep roots in public sector delivery, a consultative and transparent methodology, and the organizational maturity to manage complexity across departments, stakeholders, and timelines.

The city will evaluate proposals against the following criteria:

■ Municipal Expertise: Documented experience delivering enterprise technology modernization programs for municipalities or comparable government entities.

■ Delivery Methodology: A structured, phased delivery methodology with defined discovery, design, build, test, and acceptance stages — and evidence of its successful application.

■ Technical Breadth: Demonstrated capability across all twelve solution areas, with named technical resources and relevant project case studies.

■ Change Management: A change management approach that accounts for staff adoption, training, and transition — not just technical deployment.

■ Governance & Accountability: Transparent project governance, including escalation protocols, milestone accountability, and a formal change order process.

■ Audit & Compliance Posture: Commitment to audit readiness: role-based access controls, data lineage, activity logging, and compliance documentation embedded by design.

■ Pricing Transparency: Competitive and transparent cost structures with milestone-aligned payment schedules.

RFP Timeline

The following table outlines the proposal process, listing key dates up to the date a contract can be expected to be awarded. Dates may change if needed.

RFP Distribution August 10, 2026

Proposer’s Written Questions August 19, 2026

Release of Answers to Vendor Questions and Addendum to RFP

August 21, 2026

Proposals Due August 31, 2026

Demonstrations by Request TBD

Vendor Selection September 16, 2026

Selection Criteria and Scoring

COMPANY EXPERIENCE 20%

PROPOSED SOLUTION 30%

REPORTING OPTIONS 15%

ADDITIONAL SERVICES 5%

ANNUAL FEES & SERVICE FEES 30%

RFP Response Format

1. Title Page Cover: This should include the name of the proposing company, its principal business address where the relationship will be managed, and the primary contact person for the city’s daily support needs.

2. Table of Contents

3. Transmittal Letter: The letter should address the Company’s willingness and commitment, if selected, to provide the services, and why the Company believes its solution is the best and therefore should be selected.

The letter should be addressed to:

a. Overview: Provide a corporate overview of your company and the system you provide for Citizen

Engagement, Work Management, Pavement and Asset Management.

b. Experience: Describe the company’s experience providing software solutions for public work departments. Explain how long your solution has been in use, the longest client using your software, and the iterations you have created with the software since its initial launch.

c. Proposal Exceptions and Clarifications: List any exceptions to the City’s standard contract and professional services matrix below.

d. Cyber Security: The company shall read and verify that it will be able to comply with the City’s

Cybersecurity requirements, attached.

4. Explain how your ongoing support program works, who is available to help and the hours within which you respond. Also, what is your typical turn‐around time with a question or request for assistance.

5. With each of the four applications requested, provide language and overview to indicate what is included with each. If your firm is successful in securing this contract, your firm will need to provide a demonstration of each application to ensure the City of Long Beach is obtaining all necessary technical functions.

6. With your response, indicate your timeline to complete each of the tasks necessary to fully deploy the automation platform for the City of Long Beach. Assume you have the basic requested information from the city in order to complete the work.

Professional Services Agreement (City of Long Beach, NY)

Legend for Completing the following Requirements

S = Standard functionality out-of-the-box or meets requirement fully

M = Modification required (i.e. standard script or other work-around)

C = Requires customization to the base code/API

N = Unable to provide this feature or requirement

Functionality: Please indicate with an “x” S M C N Comments

GENERAL: System Requirements

The vendor must provide free unlimited training and support throughout the life of the contract at no additional cost.

The vendor must provide unlimited users at no additional cost to annual fees.

The vendor will provide software enhancements free of charge whenever released.

System provides GIS access from any device without any additional fees or licensing.

Vendor must have over 20 years’ experience in providing fully web-based solutions.

"Read-only" licenses must be available for users that will not be creating or editing data without additional licensing costs.

System must be hosted in the cloud by the vendor allowing access to users in real-time both in the office and in the field.

Users must be able to add multiple photos from field via tablet, laptop, or smart phone of choice (i.e. Android, IOS, Apple, Chrome, Microsoft, etc.).

User-centric design (ability for each user to customize their own screens and layouts with ability to save user custom configured settings)

Requires no client-side installation. Requires no browser plugins (e.g. Silverlight, ActiveX). Requires no changes to local workstation security.

Ability to store, maintain, edit, and populate forms and letters.

System must provide the ability to configure, add new fields, and the ability to immediately run reports against the new fields created without requiring technical support or knowledge of SQL or Crystal.

GENERAL: Public Works Management System

Ability to assign work orders, escalate a work order, and confirm work order completion electronically.

Software must be able to provide time and cost tracking functionality. Store information and automatically calculate based on hours, parts and material, equipment, and personnel assigned. Should be able to output cost and time tracking into a report format.

Active and completed work orders must be searchable through a various combination of defined fields and terms.

Must be able to create role-based dashboards easily without having technical knowledge and without having to contact vendor.

Software must be able to keep and track maintenance history.

Maintain note history once a work order has been closed.

Ability to track work orders, labor, equipment, and materials costs, and generate billing, System must have ability to create custom dashboard providing specific segment details including, but not limited to (last treatment date, type of treatment, functional class, no maintenance, etc.)

Ability to set up any type of work order with "unlimited" user-defined fields by work order type.

Must have an integrated report builder to enable our staff the ability to create on the fly ad-hoc reports.

Search results for road segments must be shown within the database as well as a corresponding GIS map.

Functionality S M C N Comments

Asset Management

Company must be an ESRI network partner

Must be able to have the ability to tie into REST SERVICES for automatic updates

The ability to multi-select assets from the map to create work orders, inspections, or maintenance tasks in bulk

Ability to log and schedule maintenance and inspections

Ability to log inspections to track numeric data and report on it

The ability to create an assign a QR code to Assets

Employee, Equipment, Material, Inventory Management

Track quantity on hand with configurable unit types.

Track stocked/nonstocked, and substitute parts.

Track quantity allocated to active Work Orders.

Track Purchase Orders, purchase date, quantity, units, category, vendor, inventory number, and cost of unit.

Inventory and Tracking capability for warehouse operations.

Ability to set notification based on specified re-ordering amounts.

Ability to track employees and labor hours

Ability to have alerts sent to employees via email

Other Solutions (OPTIONAL) S M C N Comments

Public Works Solutions

Solution for water conservation to track water usage and notify residents

Solution for FOG management and cross connection management

Solution for Fleet Management

Inventory Management

Track quantity on hand with configurable unit types.

Track stocked/nonstocked, and substitute parts.

Track quantity allocated to active Work Orders.

Track Purchase Orders, purchase date, quantity, units, category, vendor, inventory number, and cost of unit.

Inventory and Tracking capability for warehouse operations.

Ability to set notification based on specified re-ordering amounts.

CITY OF LONG BEACH, NEW YORK 11561

Digital Automation Platform RFP

Technology Modernization

FEE PROPOSAL SHEET

1. Cost for four (4) requested application programs $____________________

2. Cost for programming of four (4) applications programs $____________________

3. Cost for first year maintenance fees $____________________

4. Cost for years two through years five maintenance fees $____________________

Grand Total: $____________________

Submitted By: _____________________________________________________

• (Name of Company)

Name of Authorized Representative: ____________________________________________

(Print Name)

Signature of Authorized Representative: __________________________________________

Date: _____________________________________

APPENDIX A

NON-COLLUSIVE PROPOSAL SUBMISSION CERTIFICATION

(ONE PAGE)

NON-COLLUSIVE PROPOSAL SUBMISSION CERTIFICATION

By submission of this proposal, each proposed and each person signing on behalf of any proposal certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief:

1. The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposed and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any competitor; and

3. No attempt has been made or will be made by the proposed to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

I, the undersigned, attest under penalty of perjury that I am an authorized representative of the

Proposer and that the foregoing statements are true and accurate.

Name of Proposer: _______________________________________________________________

Signature of Authorized Representative: _______________________________________________

Title _____________________________

Date _____________________________

Appendix B

V. CYBERSECURITY COMPLIANCE REQUIREMENTS IN PROCUREMENT

▪ The City of Long Beach requires all vendors, contractors, and service providers to comply with current New York State cybersecurity standards. These requirements apply to any procurement activity involving technology systems, data storage, software, hardware, cloud services, or any product or service that processes, transmits, or stores City data.

▪ Cybersecurity compliance requirements apply to:

a. All technology-related procurements;

b. Any contract in which a vendor has access to City systems, networks, or data;

c. Any product or service involving remote access, cloud hosting, or digital processing;

d. Any procurement that introduces a third-party component into the City’s IT environment.

▪ Cybersecurity Controls

All vendors must implement minimum security controls consistent with the New York State

Office of Information Technology Services (ITS) standards and the National Institute of

Standards and Technology (NIST) Cybersecurity Framework. Required controls include, but are not limited to:

a. Multi-Factor Authentication (MFA);

b. Encryption of data in transit and at rest;

c. Access control management;

d. Secure configuration of applicable systems;

e. Protection of confidential, operational, or sensitive municipal data.

▪ Vendor Cybersecurity Attestation

Vendors must submit a cybersecurity compliance attestation as part of the bid or proposal package. The attestation affirms that the vendor meets all applicable State cybersecurity requirements and maintains adequate safeguards to protect City information and systems.

▪ Vendor Responsibility Review – Cybersecurity

Cybersecurity compliance is incorporated into the City’s vendor responsibility determination under New York State General Municipal Law §103 and applicable Office of the State

Comptroller (OSC) guidelines.

Vendors may be deemed non-responsible for inadequate cybersecurity practices, breach history, failure to implement security controls, or insufficient protections within their supply chain.

▪ Supply Chain and Third-Party Risk

Vendors must disclose any subcontractors or third-party service providers that will have access to City data or systems. The City may require additional documentation, including security certifications (e.g., SOC 2, ISO 27001), to ensure proper risk management and compliance with

State supply-chain security standards.

▪ Incident Reporting and Breach Notification

Vendors must notify the City of any cybersecurity incident, breach, or unauthorized access involving City data within seventy-two (72) hours of discovery or within any shorter period required under New York State law. Vendors must cooperate fully in incident response, forensic review, and recovery efforts.

▪ Required Contract Language

All contracts involving technology-related services shall include cybersecurity requirements addressing:

a. Vendor security obligations;

b. Breach notification procedures;

c. Data ownership and handling;

d. Right-of-audit provisions;

e. Cybersecurity insurance requirements when appropriate;

f. Mandatory compliance with New York State ITS and OSC policies.

▪ Internal Review by Information Technology Department

All technology-related solicitations and contracts must be reviewed and approved by the City’s

Information Technology Department before issuance or award. IT will confirm that cybersecurity standards have been included and that vendor submissions meet required security criteria.

▪ Documentation and Recordkeeping

Procurement files must include all cybersecurity-related documentation, including vendor attestations, risk assessments, IT review, and contract clauses. These records shall be maintained in accordance with NYS audit requirements and must demonstrate the City’s compliance with

State cybersecurity procurement policies.

APPENDIX C

CONTRACT FOR SERVICES

THIS AGREEMENT (together with the schedules, appendices, attachments and exhibits, if any, this “Agreement”), dated as of the date this Agreement is executed by the City of Long Beach, between (i) City of Long Beach, a municipal corporation having its principal office at One West Chester Street, Long Beach, New York 11561 (the “City ”) acting on behalf of the City Department of Public Works, having its principal office at same (the “Department”) and (ii) XXXXX., an engineering firm having its principal office at ( ) (Firm or the “Contractor”).

W I T N E S S E T H:

WHEREAS, the City desires to hire the Firm to perform the services described in this Agreement; and

WHEREAS, the Firm desires to perform the services described in this Agreement.

NOW, THEREFORE, in consideration of the premises and mutual covenants contained in this Agreement, the parties agree as follows:

1. Term.

The term of this Agreement shall commence on the date on which this Agreement is executed by the City (the “Commencement Date”) and terminate on (the “Expiration

Date”) unless sooner completed, terminated or extended in accordance with its terms.

2. Services.

(a) The services to be provided by Contractor specific work divisions and deliverables related to this project as more particularly described in the “Detailed Scope of Services,” - proposal submitted by Firm dated ______, 2026 attached hereto and hereby made a part hereof as Exhibit “A”.

(b) If Firm is authorized, in writing, by the Department, to provide extra services, and the requirements for such extra services are not due to the fault or negligence of Firm, the Firm shall be compensated for the additional costs of the extra services in accordance with the terms and conditions contained herein.

3. Payment.-

Amount of Consideration. The amount to be paid to Firm as full consideration for Firm services under this Agreement is $XXXXX dollars and shall be payable as set forth in the “Payment

Schedule” annexed hereto as Exhibit “B”.

4. Ownership and Control of Work Product

(a) Copyrights.

(i) Upon execution of this Agreement, any reports, documents, data, photographs and/or other materials produced pursuant to this Agreement, and any and all drafts and/or other preliminary materials in any format related to such items, shall become the exclusive property of the City.

(ii) Any reports, documents, data, photographs and/or other materials produced pursuant to this Agreement (“Copyrightable Materials”) shall be considered “work-made-for-hire” within the meaning and purview of Section 101 of the United States Copyright Act, 17 U.S.C. §101, and the City shall be the copyright owner thereof and of all aspects, elements and components thereof in which copyright protection might exist. To the extent that the Copyrightable Materials do not qualify as “work-made-for-hire,” the Firm hereby irrevocably transfers, assigns and conveys exclusive copyright ownership in and to the Copyrightable Materials to the City, free and clear of any liens, claims, or other encumbrances. The Firm shall retain no copyright or intellectual property interest in the Copyrightable Materials, and they shall be used by the Firm for no other purpose without the prior written permission of the City.

(iii) The Firm acknowledges that the City may, in its sole discretion, register copyright in the Copyrightable Materials with the U.S. Copyright Office or any other government agency authorized to grant copyright registrations. The Firm shall cooperate in this effort, and agrees to provide any further documentation necessary to accomplish this.

(iv) The Contractor represents and warrants that the Copyrightable Materials: (1) are wholly original material not published elsewhere (except for material that is in the public domain); (2) do not violate any copyright law; (3) do not constitute defamation or invasion of the right of privacy or publicity, and (4) are not an infringement of any kind, of the rights of any third party. To the extent that the Copyrightable Materials incorporate any non-original material, the Firm has obtained all necessary permissions and clearances, in writing, for the use of such non-original material under this Agreement, copies of which shall be provided to the City upon execution of this Agreement.

(b) Patents and Inventions. Any discovery or invention arising out of or developed in the course of performance of this Agreement shall be promptly and fully reported to the Department, and if this work is supported by a federal grant of funds, shall be promptly and fully reported to the Federal Government for determination as to whether patent protection on such invention shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered in order to protect the public interest.

(c) Pre-existing Rights. In no case shall 4(a) or 4(b) above apply to, or prevent the Contractor from asserting or protecting its rights in any report, document or other data, or any invention which existed prior to or was developed or discovered independently from the activities directly related to this Agreement.

(d) Infringements of Patents, Trademarks, and Copyrights. The Contractor shall indemnify and hold the City harmless against any claim for any infringement by the Contractor of any copyright, trade secrets, trademark or patent rights of design, systems, drawings, graphs, charts, specifications or printed matter furnished or used by the Contractor in the performance of this Agreement. The Contractor shall indemnify and hold the City harmless regardless of whether or not the infringement arises out of compliance with the scope of services/scope of work.

(e) Antitrust. The Contractor hereby assigns, sells, and transfers to the City all right, title and interest in and to any claims and causes of action arising under the antitrust laws of the State of New York or of the United States relating to the particular goods or services procured by the City under this

4. Independent Contractor. Firm is an independent contractor of the City. Firm shall not, nor shall any officer, director, employee, servant, agent or independent contractor of the Contractor (a “Contractor Agent”), be (i) deemed a City employee, (ii) commit the City to any obligation, or (iii) hold itself, himself, or herself out as a City employee or Person with the authority to commit the City to any obligation. As used in this Agreement the word “Person” means any individual person, entity (including partnerships, corporations and limited liability companies), and government or political subdivision thereof (including agencies, bureaus, offices and departments thereof).

5. No Arrears or Default.

Contractor is not in arrears to the City upon any debt or contract and it is not in default as surety, contractor, or otherwise upon any obligation to the City, including any obligation to pay taxes to, or perform services for or on behalf of, the City.

6. Compliance with Law.

(a) Generally. Contractor shall comply with any and all applicable Federal, State and local Laws and regulations. As used in this Agreement the word “Law” includes any and all statutes, local laws, ordinances, rules, regulations, applicable orders, and/or decrees, as the same may be amended from time to time, enacted, or adopted.

(b) Records Access. The parties acknowledge and agree that all records, information, and data (“Information”) acquired in connection with performance or administration of this Agreement shall be used and disclosed solely for the purpose of performance and administration of the contract or as required by law. Contractor acknowledges that Contractor’s Information in the City’s possession may be subject to disclosure under Article 6 of the New York State Public Officer’s Law (“Freedom of Information Law” or “FOIL”). In the event that such a request for disclosure is made, the City shall make reasonable efforts to notify Contractor of such request prior to disclosure of the Information so that Contractor may take such action as it deems appropriate.

(c) Protection of Client Information. Contractor acknowledges and agrees that all information that Contractor acquires in connection with performance under this Agreement shall be strictly confidential, used solely for the purpose of performing services to or on behalf of the City, and shall not be disclosed to third parties except (I) as permitted under this Agreement, (ii) with the written consent of the City (and then only to the extent of the consent), or (iii) upon legal compulsion.

7. Minimum Service Standards. Regardless of whether required by Law:

(a) Contractor shall, and shall cause Contractor Agents to, conduct its, his or her activities in connection with this Agreement so as not to endanger or harm any Person or property.

(b) Contractor shall deliver services under this Agreement in a professional manner consistent with the best practices of the industry in which Contractor operates. Contractor shall take all actions necessary or appropriate to meet the obligation described in the immediately preceding sentence, including obtaining and maintaining, and causing all Contractor Agents to obtain and maintain, all approvals, licenses, and certifications (“Approvals”) necessary or appropriate in connection with this

8. Indemnification; Defense; Cooperation.

(a) To the fullest extent permitted by law, the Firm shall indemnify the City, and its councilmembers, officers, and employees from and against all liabilities, regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Firm, or its employees, agents, or subcontractors. Liabilities subject to the duty to indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The Firm shall have no obligation to indemnify where such liabilities are caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Firm’s indemnification obligation shall be reduced in proportion to the established comparative liability.

9. Insurance.

The Firm shall not commence work under this contract until he has obtained all insurance required under this paragraph and copies of such insurance have been provided to and approved by the City of Long Beach, New York. Said insurance premiums are to be paid up front and not by installments;

the Firm shall not allow any subcontractor to commence work on his subcontract until the subcontractor has obtained the same insurance coverage. The required insurance coverage is as follows:

(1) Workmen's Compensation Insurance - in accordance with the Laws of the State of New York.

(2) Comprehensive General Liability Insurance - to protect the Contractor and any subcontractor performing work in connection with this contract from claims for damages for bodily injury (personal injury, sickness or disease, including death resulting there from, as well as injury claimed to be sustained resulting from false arrest, detention and/or imprisonment, malicious prosecution, liable, slander and/or wrongful entry), as well as from claims for property damage which may arise from operations connected with this contract, by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows:

(a) Bodily Injury: 1,000,000 each person;

1,000,000 each occurrence.

(b) Property Damage 300,000 each occurrence;

1,000,000 Aggregate.

The parties to this agreement specifically and without ambiguity agree that the Firm shall purchase a contract of general liability insurance (amounts of coverage specified elsewhere in this agreement) naming the City of Long Beach as an additional named insured.

In the event that a claim arises against the City as a result of the Firm’s services under this agreement, and it shall be found that the Firm’s services caused the claimant’s damages and it shall be found that the Firm failed to purchase the insurance coverage specified in the contract, the Firm shall be liable to the City for full indemnity for any judgment rendered against the City, including the costs of defense of the claim, but only to the extent that the Firm’s services caused the claimant’s damages which the City was obligated to pay. Nothing in this paragraph, however, limits or should be construed as limiting the Firm’s obligations with respect to its subcontractors, as set forth in Section 8 of this Agreement.

10. Termination

(a) Generally. This Agreement may be terminated (i) for any reason by the City upon thirty

(30) days’ written notice to the Contractor, (ii) for “Cause” by the City immediately upon the receipt by the Contractor of written notice of termination, (iii) upon mutual written Agreement of the City and the Contractor, and (iv) in accordance with any other provisions of this Agreement expressly addressing termination.

As used in this Agreement the word “Cause” includes: (i) a breach of this Agreement; (ii) the failure to obtain and maintain in full force and effect all Approvals required for the services described in this Agreement to be legally and professionally rendered; and (iii) the termination or impending termination of federal or state funding for the services to be provided under this Agreement.

11. Accounting Procedures; Records. Contractor shall maintain and retain, for a period of six (6) years following the later of termination of or final payment under this Agreement, complete and accurate records, documents, accounts and other evidence, whether maintained electronically or manually (“Records”), pertinent to performance under this Agreement. Records shall be maintained in accordance with Generally Accepted Accounting Principles. Such Records shall at all times be available for audit and inspection by the Comptroller, the Department, any other governmental authority with jurisdiction over the provision of services hereunder and/or the payment therefore, and any of their duly designated representatives. The provisions of this Section shall survive the termination of this Agreement.

12. Limitations on Actions and Special Proceedings against the City. No action or special proceeding shall lie or be prosecuted or maintained against the City upon any claims arising out of or in connection with this Agreement unless:

(a) Notice. At least thirty (30) days prior to seeking relief Firm shall have presented the demand or claim(s) upon which such action or special proceeding is based in writing to the City Manager for adjustment and the City shall have neglected or refused to make an adjustment or payment on the demand or claim for thirty (30) days after presentment. Firm shall send or deliver copies of the documents presented to the City Manager under this Section to each of (i) the Department and the (ii) the Corporation Counsel (at the address specified above for the City ) on the same day that documents are sent or delivered to the City Manager. The complaint or necessary moving papers of Firm shall allege that the above-described actions and inactions preceded the Firm’s action or special proceeding against the City.

(b) Time Limitation. Such action or special proceeding is commenced within the earlier of (i) one (1) year of the first to occur of (A) final payment under or the termination of this Agreement, and

(B) the accrual of the cause of action, and (ii) the time specified in any other provision of this

13. Work Performance Liability. Firm is and shall remain primarily liable for the successful completion of all work in accordance with this Agreement irrespective of whether Firm is using a Contractor Agent to perform some or all of the work contemplated by this Agreement, and irrespective of whether the use of such Contractor Agent has been approved by the City.

14. Consent to Jurisdiction and Venue; Governing Law. Unless otherwise specified in this Agreement or required by Law, exclusive original jurisdiction for all claims or actions with respect to this Agreement shall be in the Supreme Court of the State of New York, County of Nassau and the parties expressly waive any objections to the same on any grounds, including venue and forum non conveniens. This Agreement is intended as a contract under, and shall be governed and construed in accordance with, the Laws of New York State, without regard to the conflict of laws provisions thereof.

15. All Legal Provisions Deemed Included; Severability; Supremacy; Construction

In the event that any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Each party has cooperated in the negotiation and preparation of this Agreement. Therefore, in the event that construction of this Agreement occurs, it shall not be construed against either party as drafter.

16. Section and Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

17. Entire Agreement. This Agreement represents the full and entire understanding and agreement between the parties with regard to the subject matter hereof and supersedes all prior agreements (whether written or oral) of the parties relating to the subject matter of this

18. Executory Clause. Notwithstanding any other provision of this Agreement,

(a) The City shall have no liability under this Agreement (including any extension or other modification of this Agreement) to any Person unless (i) all City approvals have been obtained, including, if required, approval by the City Council, and (ii) this Agreement has been executed by the City Manager (as defined in this Agreement).

{Remainder of page intentionally left blank}

IN WITNESS WHEREOF, Contractor and the City have executed this Agreement as of the date first above written.

By :____________________________________ Name: _______________________________

Title:___________________________________

Date:__________________________________

CITY OF LONG BEACH

By:____________________________________

Name:_________________________________

Title: City Manager____________

Date: _________________________________

PLEASE EXECUTE IN BLUE INK

STATE OF NEW YORK)

) ss.:

CITY OF LONG BEACH)

On this ____ day of ________________ in the year 2017 before me personally came _______________________ to me known, and known to me to be the person described herein and who executed the above instrument; and he duly acknowledged that he executed the same.

NOTARY PUBLIC

STATE OF NEW YORK)

) ss.:

CITY OF LONG BEACH)

On the ____ day of ________________ in the year 2017 before me personally came _______________________ to me personally known, who, being by me duly sworn, did depose and say that he or she resides in the County of Nassau; that he or she is a City Manager of the City of Long Beach, the municipal corporation described herein and which executed the above instrument;

and that he or she signed his or her name thereto pursuant to Section 205 of the City Charter City of Long Beach.

NOTARY PUBLIC

EXHIBIT A

Detailed Scope of Services

(a) REQUEST FOR PROPOSALS

CITY OF LONG BEACH, NEW YORK 11561

XXXXXXXX

Scope of Services

EXHIBIT B

Payment Schedule

The amount to be paid to the Contractor as full consideration for services under this Agreement, including any extra services that may be so authorized, shall be payable as set forth below. Notwithstanding the foregoing, the maximum amount to be paid to Contractor for services under this Agreement shall not exceed XXXXXXX dollars.

Payments shall be made to contractor in arrears and shall be contingent upon (i) contractor submitting a claim voucher (the “Voucher”) in a form satisfactory to the City , that (a) states with reasonable specificity the services provided and the payment requested as consideration for such services, (b) certifies that the services rendered and the payment requested are in accordance with this Agreement, and (c) is accompanied by documentation satisfactory to the City supporting the amount claimed, and (ii) review, approval and audit of the Voucher by the Department and/or the City Comptroller or his or her duly designated representative (the

“Comptroller”).

Part 1

Part 2

Part 3

Timing of Claims for Payment. Contractor shall submit claims no later than one (3) months following the

City’s receipt of the services that are the subject of the claim and no more frequently than once a month.

Payments in Connection with Termination or Notice of Termination. Unless a provision of this Agreement expressly states otherwise, payments to the Firm following the termination of this Agreement shall not exceed payments made as consideration for services that were (i) performed prior to termination, (ii) authorized by this

Agreement to be performed, and (iii) not performed after the Firm received notice that the City did not desire to receive such services.

NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE

FOR-PROFIT CONSTRUCTION (CCA-2)

You have selected the For-Profit Construction questionnaire, commonly known as the “CCA-2,” which may be printed and completed in this format or, for your convenience, may be completed online using the New York State VendRep System.

COMPLETION & CERTIFICATION

The person(s) completing the questionnaire must be knowledgeable about the vendor’s business and operations. An owner or owner’s official representative authorized to legally bind the Reporting Entity, must certify the truth of the questionnaire answers.

NEW YORK STATE VENDOR IDENTIFICATION NUMBER (VENDOR ID)

The Vendor ID is a ten-digit identifier issued by New York State when the vendor is registered on the

Statewide Vendor File. This number must now be included on the questionnaire. If the business entity has not obtained a Vendor ID, contact the IT Service Desk at ITServiceDesk@osc.state.ny.us or call

866-370-4672.

DEFINITIONS

All underlined terms are defined in the “New York State Vendor Responsibility Definitions List,” found at http://www.osc.state.ny.us/vendrep/documents/questionnaire/definitions.pdf. These terms may not have their ordinary, common, or traditional meanings. Each vendor must read the respective definitions for any and all underlined terms. By submitting this questionnaire, the vendor agrees to be bound by the terms as defined in the "New York State Vendor Responsibility Definitions List" existing at the time of certification.

RESPONSES

Every question must be answered fully. Each response must provide all relevant information to appropriately explain the answer. If you have concerns as to the legal requirements behind your answers, please seek clarification from your counsel. However, information regarding a determination or finding made in error which was subsequently corrected or overturned, and/or was withdrawn by the issuing government entity, is not required to be identified. Individuals and Sole Proprietors may use a Social

Security Number but are encouraged to obtain and use a federal Employer Identification Number (EIN).

http://www.osc.state.ny.us/vendrep/ mailto:ITServiceDesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep/documents/questionnaire/definitions.pdf

BUSINESS ENTITY INFORMATION

Legal Business Name

EIN

Address of the Principal Place of Business (street, city, state, zip code) NO P.O. Boxes

New York State Vendor

Identification Number

Telephone ext.

Fax

Website (include all)

Authorized Contact for this Questionnaire

Name

Telephone

Fax

Title

Email

Additional Business Entity Identities: If applicable, list any other DBA, Trade Name, Former Name, Other Identity, or EIN used in the last five (5) years, the state or county where filed and the status (active or inactive).

Type Name EIN State or County where filed Status

I. BUSINESS CHARACTERISTICS

1.

Business Entity Type – Check appropriate box and provide additional information:

a) Corporation

(including PC)

Date of Incorporation

b) Limited

Liability

Company

(LLC or

PLLC)

Date Organized

c) Limited

Liability Partnership

Date of Registration

d) Limited

Partnership

Date Established

e) General

Partnership

Date Established

County (if formed in NYS)

f) Sole Proprietor How many years in business?

g) Other Date Established

If Other, explain:

1.0 Was the Business Entity formed in New York State? Yes No

If “No,” indicate jurisdiction where the Business Entity was formed:

United

States

State

Other Count ry

1.2 Is the Legal Business Entity publicly traded? Yes No

If “Yes,” provide the CIK code or Ticker Symbol:

1.3 Is the Business Entity currently registered to do business in New York State?

Note: Select “Not Required” if the Business Entity is a Sole Proprietor or

General Partnership

Yes No

Not Required

If “No,” explain why the Business Entity is not required to be registered to do business in New York

State:

1.4 Is the responding Business Entity a Joint Venture? Note: If the submitting

Business Entity is a Joint Venture, also submit a separate questionnaire for each Business Entity comprising the Joint Venture.

Yes No

1.5 If the Business Entity’s Principal Place of Business is not in New York State, does the Business Entity maintain an office in New York State?

(Select “N/A” if Principal Place of Business is in New York State.)

Yes No

N/A

If “Yes,” provide the address and telephone number for one office located in New York State.

1.6 Is the Business Entity a New York State certified Minority-Owned Business

Enterprise, Women-Owned Business Enterprise, Service-Disabled Veteran-

Owned Business, New York State Small Business, or federally certified

Disadvantaged Business Enterprise?

Yes No

If “Yes,” check all that apply:

New York State certified Minority-Owned Business Enterprise (MBE)

New York State certified Women-Owned Business Enterprise (WBE)

New York State certified Service-Disabled Veteran-Owned Business (SDVOB)

New York State Small Business

Federally certified Disadvantaged Business Enterprise (DBE)

1.7 Identify each person or Business Entity that is or has been within the past five (5) years, a Business

Entity Official, or a Principal Owner of 5.0% or more of the Reporting Entity’s shares; or one of the five largest shareholders, if applicable. (Attach additional pages if necessary.)

Joint Ventures: Provide information for all firms involved.

Each Business Entity identified as a Principal Owner must also submit a Vendor Responsibility

Questionnaire.

(Add additional sheets if necessary.) For each person, include name, title, date of birth, percentage of ownership, and employment status. For each Business Entity that is a Principal Owner, include name, address, EIN, and percentage of ownership.

If there is no person or Business Entity that owns 5% or more of the Reporting Entity, check here:

Name (For each person, include a middle initial) Title Date of

Birth

Percentage of ownership

(Enter 0%, if not applicable)

Employment status with the firm

Current

Former

N/A

Current

Former

N/A

Current

Former

N/A

Current

Former

N/A

Name of Each Business

Entity owning 5% or more of Reporting Entity

Address EIN Percentage Ownership

II. AFFILIATE and JOINT VENTURE RELATIONSHIPS

2.0 Are there any other construction-related firms in which, now or in the past five years, the submitting

Business Entity or any of the individuals or business entities listed in question 1.7 either owned or owns

5.0% or more of the shares of, or was or is one of the five largest shareholders or a director, officer, partner, or proprietor of said other firm?

If yes, identify below and if there is more than one, attach additional pages with required information.

Yes No

Firm/Company Name

Firm/Company EIN

(If available)

Firm/Company’s Primary Business

Activity

II. AFFILIATE and JOINT VENTURE RELATIONSHIPS

Firm/Company Address

Explain relationship with the firm and indicate percent of ownership, if applicable (enter N/A, if not applicable):

Are there any shareholders, directors, officers, owners, partners or proprietors that the submitting Business Entity has in common with the disclosed firm(s)?

Individual’s Name (Include middle initial)

Position/Title with Firm/Company

2.1 Does the Business Entity have any construction-related affiliates not identified in the response to question 2.0 above?

If yes, identify below and if there is more than one, attach additional pages with the required information.

Affiliate Name

Affiliate EIN (If available)

Affiliate’s Primary Business Activity

Affiliate Address

Explain relationship with the affiliate and indicate percent of ownership, if applicable (enter N/A, if not applicable):

Are there any shareholders, directors, officers, owners, partners or proprietors that the submitting Business Entity has in common with the disclosed affiliate(s)?

Individual’s Name (Include middle initial)

Position/Title with Firm/Company

2.2 Has the Business Entity participated in any construction-related Joint Ventures within the past three (3) years?

If yes, identify below…