RFP ED-25-593~1.pdf

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 1

I’m

City of

Long Beach Request for Proposals RFP - ED-25-593

Lifeguard Tower Advertisement Program

Lifeguard Tower Advertisement Program | RFP - ED-25-593

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Please read this entire document carefully as it contains important information essential to your proposal

Overview

Summary

The City of Long Beach is requesting proposals from qualified vendors specializing in the management and operation of Lifeguard Tower Advertisement

Programs that place advertisements on lifeguard towers.

Key Dates

Release Date: May 20, 2025

Questions Due to the City: 11:00 AM, June 3, 2025

Proposals Due: 11:00 AM (PST), June 24, 2025

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

LongBeachBuys.com.

This is a competitive process, and the City intends to award the opportunity based on the information submitted in the proposal that best meets the needs of the City.

Official Contact

Keisha Sanker rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

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Assistance & Resources For assistance using Long Beach Buys, please contact us directly

Customer Service Form rfppurchasing@longbeach.gov

(562) 570-6200

Additional support available for small businesses in Long Beach

BizCare

BizCare staff connect business owners and nonprofit leaders to important resources and information, such as grants, loans, technical assistance, information on City policies, and more.

562-570-4BIZ (4249)

4Biz@longbeach.gov

Request Assistance Form file:///C:/Users/casinoh/Downloads/longbeachbuys.com https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u mailto:rfppurchasing@longbeach.gov https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/ mailto:4Biz@longbeach.gov https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/

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Contents

BizCare

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

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Local Preference

4 Proposal Instructions & Content

4.1 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

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1 The Opportunity

1.1 Project Summary

The City of Long Beach (City) is exploring creative ways to generate revenue to support City operations and the management and development of City assets along the City’s waterfront and entertainment areas. The City is interested in working with a firm that will develop and manage a Lifeguard Tower Advertisement Program that will make available advertising opportunities on lifeguard towers on Long Beach’s coastline.

The selected vendor will need to work closely with the City’s Department of Economic and

Fire Department to develop and implement a program that sells advertising space on lifeguard towers and complies with all applicable rules, regulations, and guidelines as required by the federal, state, City, and all government agencies, including the California

Coastal Commission and all applicable City Advertising Policies, guidelines, and restrictions.

Vendors with experience in advertising on ocean lifeguard towers and with current contracts with public agencies, specifically in California, are preferred.

1.2 Background

The mission of the City of Long Beach Economic Development Department (ED) is to build

America’s next great international city by creating economic opportunities for workers, investors, and entrepreneurs. ED works closely with business and industry, business associations, and other City departments to attract new enterprises and investments, promote the City’s brand, and expand music and entertainment offerings that boost tourism and local revenue. With a strategic focus on tourism, entertainment, and waterfront development, ED aims to drive diverse and sustained economic growth. To learn more about ED and its programs, visit https://longbeach.gov/economicdevelopment/. This project will also require close coordination with other City departments such as the

Department of Public Works, Department of Community Development, and Department of

Technology and Innovation.

Long Beach is nestled along the Southern California coast and home to approximately

466,000 people. As an award-winning full-service charter city, Long Beach offers amenities of a metropolitan city while maintaining a strong sense of individual and diverse neighborhoods, culture, and community. With a bustling downtown and over six miles of scenic beaches, Long Beach is a renowned tourist and business destination and home to the iconic Queen Mary, nationally recognized Aquarium of the Pacific and Long Beach

Airport, the award-winning Long Beach Convention and Entertainment Center and world-class Port of Long Beach.

https://longbeach.gov/economicdevelopment/

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1.3 Goals

The goals of the Lifeguard Tower Advertisement Program are to:

1. Maximize Revenue – Establish a sustainable advertising program that optimizes revenue for the City while maintaining a competitive pricing structure for advertisers.

2. Ensure Regulatory Compliance – Develop and implement an advertising program that fully complies with all applicable federal, state, and local regulations, including

California Coastal Commission guidelines and all applicable City Advertising Policies, guidelines and restrictions.

3. Minimize Operational Impact on City Staff – Structure the program so that the selected vendor is fully responsible for sales, installation, maintenance, and operations, so that it does not impact daily operations of City staff.

4. Enhance Aesthetic and Community Alignment – Ensure that advertisements are visually appealing and align with Long Beach’s branding, community values, and coastal environment to maintain public support and enhance the visitor experience.

5. Foster Strategic Partnerships – Attract reputable advertisers and sponsors that align with the City’s economic and tourism goals, leveraging partnerships to enhance visibility and long-term program success.

1.4 Award Terms

This contract will be for a period of two years with the option to renew for three additional one year periods. The total contract term will not exceed five years.

2 Scope of Work

2.1 Description of Services

Program Development

• Develop an advertising strategy that aligns with the City’s economic and tourism goals along with city branding, community messaging and events.

• Engage with local community organizations to provide project updates, gather feedback, and address any concerns.

• Develop a detailed implementation plan outlining key activities, milestones, and timelines.

Sales and Marketing

• Identify and secure reputable advertisers and sponsors to support the program.

• Develop a targeted marketing and outreach plan to attract potential advertisers.

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• Establish a competitive pricing model for ad placements, considering market demand, visibility, and duration.

• Provide annual revenue projections and a structured reporting framework.

Compliance and Permitting

• Ensure compliance with all federal, state, and local regulations, including California

Coastal Commission guidelines.

• Ensure all advertising content complies with all applicable City Advertising Policies, guidelines, and restrictions. This includes City Advertising Policy, adopted July 23, 1996, and Long Beach Municipal Code § 16.5, which strictly regulates the content and location of advertising on public property and facilities. These policies, along with any applicable amendments or new city policies or municipal codes, are to be always adhered to for all advertising content.

• Obtain all necessary permits and approvals for advertisement placements.

• Work closely with City staff to address regulatory and legal considerations.

Design and Installation

• Design advertisements that compliment Long Beach’s coastal environment and aesthetic.

• Submit proposed designs and content to the City for review and approval prior to installation.

• Oversee the professional installation of advertisements on designated lifeguard towers.

• Ensure that advertisements are installed securely, safely, and in a manner that does not disrupt the local environment or public access.

• All advertisement material(s) used shall not require any permanent alterations to any part of the lifeguard towers and will be easily removable by non-City staff while leaving all tower surfaces in their original condition prior to material installation (i.e., no paint, drilling, damaging adhesives or chemicals).

• All safety advisory signage and tower identification already affixed to towers shall not be removed or obscured by advertisement materials.

• Advertisements shall not be distracting to City staff or installed in a manner that obscures any angle of field of view while performing their job duties.

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Maintenance and Operations

• Oversee operations, non-City personnel management, project coordination, and maintenance to ensure the program runs efficiently.

• Provide proper training and equipment for non-City personnel responsible for cleaning, repairs, and maintenance.

• Maintain a dedicated emergency maintenance contact for urgent issues.

• Conduct routine inspections and maintenance to keep advertisements and fixtures in good condition.

• Address any damage, vandalism, and wear or tear promptly, at no cost to the City.

• Adjust, modify, or remove advertisements as needed to accommodate peak tourist seasons, special events, or environmental changes.

• Remove or replace advertisements in accordance with contract terms.

• Be responsible for material storage at an off-site non-City facility/location.

The City prefers a partnership in which the selected vendor provides infrastructure, equipment, installation, and ongoing maintenance at no cost to the City. Additionally, the

City seeks a revenue-sharing agreement that includes a financial return with a minimum annual guarantee. Only one firm will be selected for this opportunity.

It is preferred that the vendor works to accommodate advertising space for the City and offer a limited amount of free or subsidized advertising space for local businesses and community-based organizations.

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the Awarded Contractor during the contract. This list is an indication of the performance metrics of interest to the City, and is not exhaustive or final. As a part of a response to this

RFP, Proposers may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be negotiated by the successful Proposer and the City prior to the finalization of an agreement between parties, and may be adjusted over time as needed.

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METRIC DESCRIPTION TARGET DATA SOURCE

1. Annual Revenue

Performance

Measure the actual revenue generated from advertisement placements and ensure it meets or exceeds projected targets.

Achieve 100% or more of the projected annual revenue.

Quarterly and annual financial reports submitted by the vendor.

2. Advertisement

Maintenance and Uptime

Track the percentage of advertisements that are property maintained and the time it takes to address any damage, vandalism, or wear and tear.

95% up time for all advertisements, with repairs completed within 48 hours of identification.

Maintenance logs, incident reports, and routine inspection records.

3. Regulatory

Compliance

Measure compliance with all relevant regulations and City policies as well as obtaining the necessary permits and approval for advertisement placements and content.

100% compliance with all required regulations, City policies, permits and approval obtained before installation.

Copies of permits and approvals from

City staff.

4. Timely and

Quality

Installation of

Advertisements

Monitor the timeliness of installation and adherence to approved designs, and without safety or quality issues.

100% of advertisements are installed on time, in accordance with approved designs, and without safety or quality issues.

Installation reports, project timelines, and quality assurance checklists.

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2.2.2 Contract Management

The vendor and the City will hold a kick-off meeting at the start of the contract to review and update the Project Plan, which will outline key tasks, deliverables, milestones, and timelines. The vendor will then submit the revised Project Plan to the City. A schedule of regular meetings will be established to review project progress, address issues, and adjust the Project Plan as necessary. It is expected that meetings will be more frequent during the planning and implementation phases, and the frequency will decrease once the program has been implemented.

Performance Reports: The vendor will be expected to provide monthly or quarterly reports that summarize program performance including but not limited to:

• Summary of advertising sales and changes

• Revenue generated across lifeguard tower network

• Summary of maintenance and operations during the reporting period including any existing or potential challenges that impact the program.

2.2.3 Contract Payment

The City of Long Beach anticipates structuring a revenue-sharing model that does not impose professional service, maintenance, or operational expenses on the City, and instead generates net positive revenue. The City will collaborate with the selected firm to establish a mutually agreeable payment schedule.

3 How We Choose

3.1 Minimum Qualifications

The selected vendor shall meet the following minimum qualifications:

• Qualification to conduct business in the City

• Not having been debarred by Federal, State or local government

• Proven track record of successfully implementing lifeguard tower advertising programs for municipal or governmental entities, preferably in coastal California areas.

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3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrated experience managing advertising programs on public property, especially in beach, coastal, or outdoor recreational environments.

• Capacity to manage installation, maintenance, and rotation of advertising displays in compliance with city and coastal regulations.

• Track record of securing and managing advertisers, including approach to generating revenue while maintaining appropriate and community-aligned content.

35%

2. Project Plan/Method of Approach

• Clarity and feasibility of the proposed project plan, including timeline, milestones, and key deliverables.

• Installation, maintenance, and removal plan for advertising displays, including frequency of updates and protocols for ensuring safety and aesthetics.

• Approach to identifying and securing advertisers aligned with City values, beach culture, and community standards.

25%

3. Advertising Display Design

• Design compatibility with lifeguard towers and surrounding infrastructure, ensuring displays are aesthetically pleasing and integrated.

• Safety and structural integrity of display installations, ensuring no interference with lifeguard operations or public access.

15%

4. Financial and Revenue Share Model

• Proposed revenue share percentage or structure, including clarity, competitiveness, and benefit to the City.

• Minimum annual guarantee (MAG) or other guaranteed payments to the City, regardless of ad sales performance.

• Clarity of cost responsibilities, including which party covers ongoing maintenance, repairs, permitting fees, and removal at end of contract.

25%

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3.3 Local Preference

• The City shall apply five extra credit percentage points to all local businesses operating a home-based, residential business.

• The City shall apply ten extra credit percentage points to all local businesses operating a non-residential, commercial, brick-and-mortar business.

• Local business shall mean a business which maintains its principal place of business in a fixed office/place of business with the City of Long Beach, possesses a current

City of Long Beach business license and sellers permit if applicable.

• For a business to be eligible to claim preference, the business MUST request the preference in the solicitation response (see Attachment C) and provide a copy of its current business license and seller’s permit if applicable.

• The local preference does not apply to solicitations for all purchases funded in full or a fraction thereof by any tidelands fund, by any grant funds, nor by any funds received from the State of California.

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date May 20, 2025

Questions due to the City

11:00 AM

(PST), June 3,

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

Posting of the Q&A June 10, 2025 • Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST), June 24,

• Proposals should be submitted electronically via LongBeachBuys.com.

• Late proposals, or proposals submitted through other channels will not be accepted.

• Proposers are responsible for submitting their proposals completely and on time.

o Proposers will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the proposal was mailto:rfppurchasing@longbeach.gov file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 12 submitted successfully. The City will only receive proposals that were transmitted successfully.

o For technical support, email or call the

City during normal business hours at

LBPurchasing@longbeach.gov or (562)

570-6200.

Evaluation of

Narrative & Cost

Proposals

June 2025 • 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 June 2025 • Interviews are planned as part of the evaluation.

• The City may interview or request demos from none, one, some or all Proposers.

Negotiation &

Contractor Selection

July 2025 • 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

August 2025

Proposer Debrief After

Contractor is

Selected

• Successful and unsuccessful Proposers are encouraged to request a 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 mailto:LBPurchasing@longbeach.gov

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City’s needs and be successful in future proposals.

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. Please note proposals that are NOT complete will NOT be considered for the opportunity and will be deemed nonresponsive.

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.

☐ Financial Proposal The Financial Proposal should include but does not need to be limited to:

• Recommended revenue-sharing model including the percentage of advertising revenue to be provided to the City

• Minimum annual guarantee provided to the City

• Estimated revenue for lifeguard advertisement program

• Proposed pay schedule to City

PROPOSAL APPENDICES

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

• Financial Statement or Annual Report

• Business tax return

• Statement of income and balance sheet

☐ 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. Proof of registration with the California Department of Industrial Relations

☐ C. Local Preference Program

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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

G. ☐Certificates of Insurance

☐ Contact Information | Ensure your organization’s profile is up to date in Long Beach

Buys, including an email address, phone number, and for any classifications you may qualify for.

4.3 Narrative Proposal Template

Proposers should develop a narrative proposal that includes all of the following information.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID

Number

DIR Number

Website

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

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☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Please describe why the organization is qualified to provide the services described in this RFP (1-2 paragraphs).

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

How many employees does the organization have in total and residing in Long Beach?

Where are the representative(s) that would service the City’s account located?

Please provide a plan of overview for how the project will be staffed and the name, titles, and relevant experience of staff.

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

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Reference 3

Company

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

If applicable, provide the following for all subcontractors included in this proposal.

Organization Company Name

Company Address

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other

Which specific requirements of this RFP will the subcontractor perform?

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Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

Please describe why the organization is qualified to provide the services described in this RFP (1-2 paragraphs).

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

How many employees does the organization have nationally, locally, and residing in Long Beach?

Where are the representative(s) that would service the City’s account located?

Please provide a plan of overview for how the project will be staffed and the name, titles, and relevant experience of staff.

Method of Approach

1. Summarize your proposed solution.

2. Provide a detailed work plan outlining key tasks, staff roles and responsibilities, milestones, deliverables, and estimated timelines.

3. Describe your firm’s approach to design, fabrication, installation, maintenance, repair, and replacement. Include expected responses times and the process for notifying the City of any issues.

4. Summarize your firm’s proposed financial model, including revenue sharing, minimum annual guarantees, signing bonuses, and other key details.

5. Provide an overview of any existing comparable lifeguard advertisement programs you have successfully implemented.

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6. Describe the resources, support, and approvals your firm will require from the City to successfully implement the program.

Communications & Reporting

1. How will your company report on its performance to the City, and coordinate with the City to meet the objectives of the RFP?

2. Explain how employees responsible for front-line service delivery will be supervised.

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

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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 Economic Development

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 will 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

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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.

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

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. In the event a Proposer received assistance from City staff or a representative of the

City (technical assistance provider), the City is not responsible for any mistakes, inaccuracies, delays, or any other impact that the assistance provided did to impact the Proposer’s final product. Available technical assistance support services are only intended to provide advice and does not constitute a basis for any protest to this contract opportunity. It is solely the Proposer’s responsibility to prepare and submit a response to the RFP.

21. Proposal will become public record after the Notice of Intent to Award has been posted and the protest period has closed 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

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 22 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.

22. 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.

23. 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.

24. Each Proposer must adhere to the City’s Vendor Code of Conduct, including, but not limited to, 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. The Vendor Code of Conduct can be found at https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023

25. 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.

26. 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 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 23 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.

27. 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.

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

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

30. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including all contract terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

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

Proposer misrepresentation shall be treated as fraudulent concealment from the City of the true facts relating to the proposal.

32. Proposals shall be kept confidential until the Notice of Intent to Award has been posted and the protest period has closed.

33. 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.

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.

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.

35. Independent contractors or employees of a third-party employer who are CalPERS retirees are subject to provisions of the Government Code. A CalPERS retiree is an employee of a CalPERS employer who terminates active employment and receives a

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 24 monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS retiree doing business as an independent contractor or employee of a third- party employer is required to submit a CalPERS determination to ensure the services provided are considered that of a true independent contractor position. All third-party employers are required to notify any individual they are having work for the City of Long Beach of this requirement. You may reach out directly to CalPERS at membership_reporting@calpers.ca.gov for a determination.

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. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the

State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and

Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO CG

00 01 10 93 naming the City of Long Beach and its officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO

CG 20 26 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of activities or work performed by or on behalf of the

Contractor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate. Such insurance shall not exclude coverage for liability resulting from cross liability protection.

b. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One

Million Dollars (US $1,000,000) per accident or occupational illness. The policy mailto:membership_reporting@calpers.ca.gov

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 25 shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach and its insurers, officials, employees, and agents.

c. If use of a vehicle is part of the scope of services, commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

d. Unless all advertising copy and content is reviewed and approved by City prior to use, media professional liability or errors and omissions liability insurance in an amount not less than One Million Dollars (US $1,000,000) per claim and

Two Million Dollars (US $2,000,000) in general aggregate covering the services provided pursuant to this Contract.

Any self-insurance program or self-insurance retention must be approved separately in writing by City and shall protect the City of Long Beach and its officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

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

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 contract. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 26 of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this contract.

3. The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases, the City may require a regulatory permit and/or evidence of a State or Federal license. Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development Services, Fire, Health, and/or Police Departments. Additional information is available at www.longbeach.gov/finance/business_license.

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

Lifeguard Tower Advertisement Program | RFP - ED-25-593 | Template v3.14.25 | 27 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.

8. Any requests for reasonable price adjustments must be submitted 60 days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be justified based upon verifiable criteria such as the

Consumer Price Index, US City Averages, or other relevant indices.

9. 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.

10. 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.

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

Contract.

12. PUBLIC WORKS OF IMPROVEMENT ONLY: Contractor agrees that all public work (as defined in California Labor Code Section 1720) performed pursuant to this

Agreement (the “Public Work”), if any, shall comply with the requirements of

California Labor Code Sections 1770 et seq. If there is a difference between the general prevailing wage…