RFP Attachments Base~1.pdf
PDF 813 KB Posted
- Solicitation number
- FM-24-398
- Issued by
- California
About this file
Summary
This is a Request for Proposals (RFP) document from the City of Long Beach containing authorization, certification, and compliance requirements for contractors and vendors seeking to do business with the City. The document comprises five attachments (A through E) that establish the procedural and regulatory framework for contract proposals. Attachment A requires proposers to certify that they are authorized to submit proposals, that proposals are genuine and not collusive, and that the organization and its principals are not debarred, suspended, or ineligible to receive federal grant funds. The certification further requires disclosure of any suspension, debarment, or ineligibility within the three-year period preceding the proposal submission, any pending debarment proceedings, indictments or convictions involving fraud or misconduct, or termination of public transactions for cause or default. Proposals are valid for ninety days from the submission deadline and are submitted as firm and fixed requests. Exceptions to terms and conditions are uncommon and not encouraged; however, proposers may list specific terms for negotiation consideration, with the understanding that the City has no obligation to accept exceptions and may withdraw the RFP if contract negotiations cannot be concluded successfully.
Attachments B through E establish additional compliance and administrative requirements. Attachment B addresses the Equal Benefits Ordinance (EBO) applicable to for-profit employers with City contracts valued at $100,000 or more or entities generating $350,000 or more in annual gross receipts from leasing City property. The EBO requires contractors to provide equal benefits to employees with spouses and domestic partners, including health benefits, bereavement leave, family medical leave, retirement benefits, and travel benefits, with provisions allowing cash equivalent payments or delayed implementation in specified circumstances. Contractors subject to the EBO must certify compliance before contract execution and allow authorized City representatives access to records for verification. Non-compliance constitutes material breach and may result in contract cancellation, suspension, disqualification from City contracting for three years, and assessment of liquidated damages. Attachment C requires submission of IRS Form W-9 for taxpayer identification and certification. Attachment D requires a City business license, and Attachment E requires proof of registration with the California Secretary of State prior to contract execution, with an exception for individual and sole proprietor companies.
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| Mandatory Pre-Bid Meeting.pdf | ||
| Notice of Intent~21.pdf |
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Text version
Attachment A: Authorization & Certification I certify that:
i. I am authorized to submit this Request for Proposals on behalf of the organization above.
ii. I have read, understand and agree to comply with the terms and conditions specified in this
Request for Proposal. Any exceptions to the terms and conditions that will be requested have been documented in the table below, Exceptions to Terms & Conditions.
iii. The proposal is submitted as a firm and fixed request valid and open for 90 days from the submission deadline.
iv. This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham proposal and the Proposer has not in any manner sought by collusion to secure for himself or herself an advantage over any other Proposer.
v. In addition, this organization and its members are not now and will not in the future be engaged in any activity resulting in a conflict of interest, real or apparent, in the selection, award, or administration of a subcontract.
Furthermore, as a current or potential Contractor for the City of Long Beach (City) your firm, through its business relationship with the City, may be the recipient of federal grant funds. As such, the City is required to document that neither your business entity or organization, nor any of your principals are debarred, suspended, ineligible, or have voluntarily been excluded from receiving federal grant funds.
Consistent with Executive Order No. 12549 Title 2 CFR Part 180 Subpart C, all potential recipients of federal grant funds are required to comply with the requirements specified below. By submission of proposal/bid/agreement, the undersigned, under penalty of perjury, certifies that the participant, nor any of its principals in the capacity of owner, director, partner, officer, manager, or other person with substantial influence in the development or outcome of a covered transaction, whether or not employed by the participant:
i. Are not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal department or agency;
ii. Have not, within a three (3) year period preceding this bid/agreement/proposal, been suspended, debarred, voluntarily excluded or declared ineligible by a federal agency;
iii. Do not presently have a proposed debarment proceeding pending;
iv. Have not, within a three (3) year period preceding this bid/agreement/proposal, been indicted or convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct;
v. Have not, within a three (3) year period preceding this bid/agreement/proposal, had one or more public transactions (Federal, State, or local) terminated for cause or default.
vi. If reorganization, management turnover, or a shift or change of principals’ status occurs, written notice must be submitted within 21 days. Subsequent disclosure of unfavorable information will be subject to thorough review and remedial action. Updated versions of this certification may be requested on a routine basis.
vii. Where the potential prospective recipient of Federal assistance funds is unable to certify to any of the statement in this certification, such prospective participant shall attach an explanation to the applicable bid/agreement/proposal.
Name Signature Date
Exceptions to Terms & Conditions
EXCEPTIONS TO TERMS AND CONDITIONS (IF APPLICABLE)
Exceptions to terms and conditions are uncommon, and Proposers are not encouraged to take exception to terms and conditions. However, in the event there are terms that should be reviewed as part of potential negotiation of a final contract, they should be listed here. The City of Long Beach has no obligation to accept any exceptions to terms and conditions. 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.
Term & Condition Number Explanation of Objection
Attachment B
Equal Benefits Ordinance (EBO)
EQUAL BENEFITS ORDINANCE DISCLOSURE FORM
As a condition of being awarded a contract with the City of Long Beach ("City"), the selected
Contractor/Vendor ("Contractor") may be required during the performance of the Contract, to comply with the City's nondiscrimination provisions of the Equal Benefits Ordinance ("EBO") set forth in the Long Beach Municipal Code section 2.73 et seq. The EBO requires that during the performance o f the contract, the Contractor shall provide equal benefits to its employees with spouses and employees with domestic partners. Benefits include but are not limited to, health benefits, bereavement leave, family medical leave, member ship and membership discounts, moving expenses, retirement benefits and travel benefits. A cash equivalent payment is permitted if an employer has made all reasonable efforts to provide domestic partners with access to benefits but is unable to do so. A situation in which a cash equivalent payment might be used if where the employer has difficulty finding an insurance provider that is willing to provide domestic partner benefits.
The EBO is applicable to the following employers:
• For-profit employers that have a contract with the City for the purchase of goods, services, public works or improvements and other construction projects in the amount of
$100,000 or more
• For-profit entities that generate $350,000 or more in annual gross receipts leasing City property pursuant to a written agreement for a term exceeding 29 days in any calendar year
Contractors who are subject to the EBO must certify to the City before execution of the contract that they are in compliance with the EBO by completing the EBO Certification Form, attached, or that they have been issued a waiver by the City. Contractors must also allow authorized City representatives access to records so the City can verify compliance with the
EBO.
The EBO includes provisions that address difficulties associated with implementing procedures to comply with the EBO. Contractors can delay implementation of procedures to comply with the EBO in the following circumstances
1) By the first effective date after the first open enrollment process following the contract start date, not to exceed two years, if the Contractor/vendor submits evidence of taking reasonable measures to comply with the EBO; or
2) At such time that the administrative steps can be taken to incorporate nondiscrimination in benefits in the Contractor/vendor's infrastructure, not to exceed three months; or
3) Upon expiration of the contractor's current collective bargaining agreement(s).
Compliance with the EBO
If a contractor has not received a waiver from complying with the EBO and the timeframe within which it can delay implementation has expired but it has failed to comply with the EBO, the
G t G
Contractor may be deemed to be in material breach of the Contract. In the event of a material breach, the City may cancel, terminate or suspend the City agreement, in whole or in part.
The City also may deem the Contractor an irresponsible bidder and disqualify the Contractor from contracting with the City for a period of three years. In addition, the City may assess liquidated damages against the Contractor which may be deducted from money otherwise due the Contractor. The City may also pursue any other remedies available at law or in equity.
By my signature below, I acknowledge that the Contractor understands that to the extent it is subject to the provisions of the Long Beach Municipal Code section 2.73, the Contractor shall comply with this provision.
Printed Name: Title: _
Signature: _ Date:
Business Entity Name: _
ATTACHMENT C
W-9 Request for Taxpayer Identification Number and Certification
Form-Fillable PDF available at http://www.irs.gov/pub/irs-pdf/fw9.pdf
Form W-9 (Rev. November 2017) Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the requester. Do not send to the IRS.
P ri nt o r ty p e.
S ee S p ec ifi c
In st ru ct io ns o n p ag e 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor or single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number or Employer identification number
Part II Certification Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Here
Signature of U.S. person ▶ Date ▶
General Instructions Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 11-2017)
ATTACHMENT D
Business License
Attachment E
City of Long Beach Purchasing Division 411 West Ocean Boulevard, 6th Floor Long Beach, CA 90802
Attachment E
Secretary of State Certification
Please provide print out showing your business is registered with the California Secretary of State.
(Note, individual and sole proprietor companies are not required to register)
Awarded vendors/contractors must be registered with the California Secretary of State prior to contract execution. For more information, please consult:
www.kepler.sos.ca.gov/ http://www.kepler.sos.ca.gov/
| Attachment A Authorization & Certification 21.6.8 |
| EBO Equal Benefits Ordinance |
| W9 Form |
| RFP Attachments_(AAA) |
| 13. TERMS, CONDITIONS AND EXCEPTIONS |
| Statement of Non-collusion |
| Attachment F |
| Attachment C - VISA Questionnaire_1 |
| Blank Page |
| Blank Page |
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