Interactive Digital Kiosk Program. | RFP - ED-25-596 | Template v3.14.25 | 1

City of

Long Beach Request for Proposals RFP ED-25-596

Interactive Digital Kiosk Program.

Interactive Digital Kiosk Program. | RFP - ED-25-596 |

Template v3.14.25 | 1

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

Overview

Summary

The City of Long Beach Economic Development

Department is seeking a partner to implement an

Interactive Digital Kiosk Program in the public right-of-way to increase access to information, create advertising opportunities, support way finding, and improve the pedestrian and visitor experience.

Key Dates

Release Date: May 20, 205

Questions Due to the City: 11:00 AM (PST), June 3, 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

Richard Peoples 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 Economic Development Department is seeking to partner with an experienced firm to implement an Interactive Digital Kiosk Program (Kiosk Program) in the public right-of-way to increase access to information, create advertising opportunities, support way finding, and improve the pedestrian and visitor experience. The City of Long

Beach (City) is interested in locating kiosks in strategic locations in Downtown Long Beach with a focus on highly trafficked areas such as the Downtown Entertainment and Dining

District, Shoreline Village, the Long Beach Convention and Entertainment Center, and surrounding business corridors. The City may consider kiosk installations in other areas of the City as part of a phase two expansion of the Kiosk Program.

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 businesses, business associations, and other City departments to attract new enterprises, 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 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 Public Works Department, Community Development Department, and Technology and Innovation Department.

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

1.3 Goals

The goals of the Kiosk Program are to:

1. Enhance Public Access to Information: Provide visitors and residents with real-time updates on city services, transit schedules, local events, local businesses, emergency alerts, and other information.

https://longbeach.gov/economicdevelopment

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2. Support Wayfinding and Navigation: Improve mobility by offering interactive maps, directions, and multi-modal transit connections, making it easier to explore

Downtown Long Beach and key destinations.

3. Generate Advertising Revenue: Create new revenue streams for the City by offering digital advertising opportunities for local and national businesses, as well as special events helping to fund economic development programs and infrastructure in Downtown and along the waterfront.

4. Improve the Pedestrian and Visitor Experience: Enhance walkability and vibrancy of Downtown Long Beach by integrating user-friendly technology that promotes local attractions, dining, shopping, and cultural sites.

1.4 Award Terms

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

2 Scope of Work

2.1 Description of Services

The selected firm is expected to provide the following services:

1. Stakeholder Outreach and Engagement: The firm shall collaborate with the City, community members, and business stakeholders to identify kiosk locations in

Downtown Long Beach that maximize community benefits, advertising revenue, usability, and functionality.

2. Kiosk Design and Fabrication: The firm shall design and build user-friendly kiosks that meet safety standards, withstand extreme weather, resist graffiti, allow remote monitoring, and feature adjustable brightness, long lifespans, water and dust resistance, shatterproof glass, ADA compliance, and customizable City branding.

3. Site Planning: The firm shall work with the City to ensure proposed kiosk locations have power, sufficient wireless connectivity, do not obstruct pedestrian flow, are accessible, do not create nuisances for residents or businesses, and are financially viable for advertising sales.

4. Engineering and Permitting: The firm shall prepare and submit plans for permitting, respond to City department inquiries, make necessary modifications to plans, pass inspections, and secure all required permits for kiosk installation. The firm will need to execute an Installation and Maintenance Agreement.

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5. Construction and Installation: The firm shall handle all necessary site work, including trenching, conduit installation, foundation setup, and utility connections for kiosks.

6. Operations and Maintenance: The firm shall be responsible for regular kiosk cleaning, on-site and remote monitoring, troubleshooting, repairs, content updates, data analytics, cybersecurity, and advertising sales management.

7. Applications and Features: The firm shall work with the City to develop a high-quality user experience by integrating unique features and applications. The firm shall provide the City with a Content Management System or dashboard to monitor kiosk performance and assess compatibility with City applications such as the Go

Long Beach app, 311 services, public event calendars, and survey tools.

8. Privacy Protection: The firm shall not collect, retain, or sell personally identifiable information or user data to third parties.

9. Compliance and Permitting: The firm shall ensure compliance with all federal, state, and local regulations, including any applicable California Coastal Commission guidelines. The firm shall 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. The firm shall obtain all necessary permits and approvals for advertisement placements. The firm shall work closely with City staff to address regulatory and legal considerations.

The firm shall submit a detailed project plan outlining its approach to the services described including methodologies, key milestones, deliverables, and a tentative project timeline.

Firms are encouraged to propose a contract duration that aligns with their business and partnership model. The City prefers a partnership in which the selected firm provides kiosk infrastructure, installation, power, and ongoing maintenance at no cost to the City.

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

The program should also include advertising space for the City and offer a limited amount of free or subsidized advertising space for local businesses and community-based organizations.

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APPENDICES

Pro-Forma Agreement: Design

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 indicates the performance metrics of interest to the City and is not exhaustive or final. As 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.

METRIC DESCRIPTION TARGET DATA SOURCE

1. Installation

Timelines

Percentage of kiosks installed within the scheduled timeframe

100% Firm and City data

2. System

Functionality at

Installation

Percent of kiosks fully operational upon installation

100% Firm and City data

3. Uptime/Availability Percent of kiosk uptime

95% Kiosk analytics

4. Content Updates

Frequency

Number of content updates per month

Kiosk analytics

5. Cybersecurity

Incidents

Number of security breaches or incidents

0 incidents Kiosk analytics

6. Advertising

Revenue

Amount of revenue generated from advertising sales

Meet or exceed the minimum annual revenue guaranteed in contract

Financial statements

7. Revenue Growth

Rate

Track percentage of increase in

TBD Financial statements

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8. Average Revenue per Kiosk

Average amount of advertising revenue generated per kiosk over a given period

TBD Financial statements TBD

2.2.2 Contract Management

The selected firm and the City will hold a kick-off meeting at the start of the contract to review and update the detailed Project Plan, which will outline key tasks, deliverables, milestones, and timelines. The firm will then submit the revised Project Plan to the City for approval. A schedule of regular meetings will be established to review project progress, address issues, and update the Project Plan as necessary. It is expected that meetings will be more frequent during the pre-development, planning, and implementation phases, with the frequency decreasing once all kiosks are fully implemented and operational.

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

• Number of users

• Kiosk uptime/availability

• Summary of content updates

• Summary of cybersecurity incidents if any

• Revenue generated across kiosk network and per kiosk

• Revenue growth rate across kiosk network

2.2.3 Contract Payment

The City of Long Beach issues payment based upon services rendered. After a contract is finalized and work is performed, the Contractor should invoice the City. The City will remit payment within 30 calendar days of being billed.

3 How We Choose

3.1 Minimum Qualifications

The selected firm shall meet the following minimum qualifications:

• Qualification to conduct business in the City

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

• Experience implementing similar programs with more than three cities in the U.S.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

• Organizational Capacity & Experience

• Proposer has relevant experience completing similar projects in size, scope, and complexity, particularly for public sector clients or similar municipalities.

• Proposed team members have appropriate expertise, credentials, and a track record of successful performance on comparable engagements.

• The organization has sufficient staff resources and availability to meet project timelines and manage deliverables effectively.

30%

• Project Plan

• The proposal includes a clear, well-organized, and logically structured project plan that aligns with the goals and scope outlined in the RFP.

• The plan outlines a thoughtful and effective methodology for executing the work, including tools, processes, and strategies to ensure success.

• The plan includes processes for maintaining quality, accountability, and ongoing communication throughout the project lifecycle.

20%

• Kiosk Design, Quality, Functionality, and Features

• Kiosk design is visually appealing and aligns with the City’s branding and public space aesthetics.

• Use of high-quality, weather-resistant, tamper-proof, and long-lasting materials appropriate for outdoor/urban environments.

• Kiosk interface and physical design are intuitive, accessible, and user-friendly for a wide range of users, including those with disabilities.

• Kiosks are designed for easy maintenance, with clear procedures for troubleshooting, software updates, and hardware repair or replacement.

• Ability to support high-quality digital or static content, advertising, interactive maps, wayfinding, or city service information.

• Ability to at all times meet all compliance and permitting requirements, including all federal, state, and local regulations, 30%

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• Financial Model

• The model clearly demonstrates how the proposed solution will generate revenue for the City, with reasonable and data-backed projections.

• The model supports a financially sustainable operation over time, with realistic assumptions about market conditions, usage, and growth.

• The model allows for future scaling, expansion, or adjustment based on new opportunities, market changes, or City needs.

20%

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, 2025

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

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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, 2025

• 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 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

July - August

• 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 TBD • Interviews are planned as a part of the evaluation.

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

Negotiation &

Contractor Selection

TBD • 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 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 mailto:LBPurchasing@longbeach.gov

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

Contractors unless and until an agreement is reached.

Estimated Contract

Execution

TBD

Proposer Debrief After

Contractor is

Selected

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

4.2 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 non-responsive.

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

• Signing incentive (if any) provided to the City

• Estimated revenue per kiosk

• Estimated revenue for kiosk network

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• 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. Equal Benefits Ordinance (EBO) Form

☐ C. Local Preference

D. Proof of registration with the California Department of Industrial

Relations

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.

☐ E. W-9

☐ F. Business License

☐ G. Proof of Registration with the California Secretary of State

☐ H. Certificates of Insurance: Section 5.3.2

☐ I. Current Contractor’s State License Board print out

☐ 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.

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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

☐ 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).

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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

City/Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

City/Company

Project Manager

Phone Number

Project Description

Reference 3

City/Company

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

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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?

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).

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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. Briefly summarize your proposed solution.

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

3. Describe your firm’s proposed approach and process for collaborating with the City and community to identify suitable kiosk locations.

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

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

6. Describe your firm’s approach to privacy and cybersecurity, including how you will prioritize cybersecurity strategies and ensure that personally identifiable information is neither collected nor shared.

7. Describe any special features and applications your firm offers for kiosks.

8. Describe how your firm’s kiosks will ensure accessibility for individuals with disabilities, non-English speakers, and compliance with ADA and other relevant legal requirements.

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9. Describe the resources, support, and approvals your firm will require from the City to successfully implement the Kiosk Program.

Communications & Reporting

1. Explain the data and reporting systems that will be used to routinely evaluate kiosk performance.

2. How will your firm report on performance to the City, and coordinate with the City to meet the objectives of the RFP.

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

Interactive Digital Kiosk Program. | RFP - ED-25-596 | 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

Interactive Digital Kiosk Program. | RFP - ED-25-596 | 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

Interactive Digital Kiosk Program. | RFP - ED-25-596 | 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 10 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

Interactive Digital Kiosk Program. | RFP - ED-25-596 | 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. Cyber and privacy insurance (also known as cybersecurity, privacy, and media liability insurance) that does not exclude coverage for liability resulting from the Contractor’s or its subcontractors’, employees’, or agents’ failure to protect private or confidential information of City or others from unauthorized access on or through the internet by wi-fi, cellular, Bluetooth, or other network means, making known to any person or organization material that violates a person or organization’s right to privacy or publicity right, and failure to prevent the transmission of a computer virus to its authorized users of its web site or any private communication networks, on or through the internet in an amount not less than One Million Dollars (US $1,000,000) per occurrence and

One Million Dollars (US $1,000,000) in general aggregate.

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

Interactive Digital Kiosk Program. | RFP - ED-25-596 | Template v3.14.25 | 26 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 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), 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, and all applicable City Advertising Policies, guidelines, and restrictions, including any future polices.

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

Interactive Digital Kiosk Program. | RFP - ED-25-596 | Template v3.14.25 | 27 limitation, the requirements of California Labor Code Section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by

Awarded Contractor, its officers, employees, agents, subcontractors, or anyone under Awarded Contractor’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

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

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

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

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…