RFP ED-26-705 Connect Shelters.pdf

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 1

City of

Long Beach Request for Proposals RFP - ED-26-705

Connect Shelters for Purchase and Use

Connect Shelters for Purchase and Use | RFP - ED-26-705 |

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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 (City) is seeking proposals from qualified organizations to purchase and use twelve

(12) modular Connect Shelters units, providing -a total of thirty-three (33) single-occupancy units, preferably for use consistent with the City’s intended use as interim housing for people experiencing homelessness.

Key Dates

Release Date: 03/31/26

Optional Meeting & Site Visit: 11:30AM 04/15/26

Questions Due to the City: 11:00AM 04/22/26

Proposals Due: 11:00AM 05/29/26*

*There will be multiple opportunities to submit proposals and the City will review submissions after each evaluation period. See Section 4.1 for details.

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.

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Official Contact

Tommy Ryan rfppurchasing@longbeach.gov

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

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 mailto:rfppurchasing@longbeach.gov 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

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), acting through its Department of Economic Development, is seeking proposals from qualified organizations interested in purchasing twelve (12) modular Connect Shelters units, containing thirty-three (33) single occupancy units, preferably for use aligning with the City’s original intended use as interim housing for people experiencing homelessness. The City highly prefers to award a single organization but is open to awarding multiple organizations if necessary.

1.2 Background

On June 28, 2022, the City of Long Beach (City) was awarded grant funding from the State of California to design, manufacture, and deploy 33 modular non-congregate shelter units

(i.e. “Tiny Homes”) that would serve as temporary housing for people experiencing homelessness, prioritizing those experiencing chronic homelessness. The City competitively procured and selected Connect Shelters to design and manufacture modular shelter units. The overall goal of the program was to provide stabilizing shelter and supportive services while connecting individuals with permanent housing resources. The intended site allowed for twelve (12) modular units providing 33 single occupancy units, including six (6) units accessible to those with mobility, hearing, or seeing disabilities. Each unit is roughly 10’ by 10’, has a private, in-unit restroom and showers, bed and storage space, individual HVAC (Heating, Ventilation, and Air Conditioning) system, connection to water, power, and sewage system, and fire suppression system (including sprinklers and fire-resistant materials). Units do not contain a kitchen, as they were designed to be interim housing or shelter. For more information on the units, please see Appendix 1. Due to unforeseen challenges over the course of the development process, the City and Port of

Long Beach Staff determined that the initial location for the program was not viable due to potential impacts on surrounding Port of Long Beach construction projects. In order to maintain the same program scope, the City promptly initiated an urgent search and survey for suitable replacement locations. Despite these efforts, no feasible location was identified for the successful execution of this program. As a result, the City was forced to return the awarded grant funding and discontinue the Tiny Homes pilot program. While the program was discontinued, the modular units were successfully manufactured and are currently in storage awaiting deployment.

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1.3 Goals

The City’s goal is to identify and award a financially feasible organization willing and able to purchase all 12 modular units (providing a total of 33 single occupancy units), while maintaining the City’s original intended use providing interim housing for adults experiencing homelessness and positively impacting the regional homelessness crisis.

1.4 Award Terms

This contract is a one-time award to one or more organization(s) willing and able to purchase all 12 modular (total of 33 single occupancy units) modular units, preferably in a manner consistent with the City’s original intended use as interim housing for people experiencing homelessness.

In order to reduce the administrative burden, barrier to entry, and loss of resources, particularly for smaller organizations, non-profits, and CBOs, it is the City’s desire to establish a rolling RFP such that proposers will be able to provide a submission to this RFP for an open period of time. This period will consist of a clear beginning and end date during which time proposers can submit their proposals on an ongoing basis. Proposals will be evaluated at designated intervals based on when they were submitted. Proposers to this

RFP should be aware that the City’s intention is to continuously have this RFP open until an award can be made. The City will notify Proposers ahead of time of any closing date or amendment to the RFP’s timeline.

2 Scope of Work

2.1 Description of Services

• The Awarded Organization shall be responsible for the complete transportation of all awarded units from City’s storage facility to the Awarded Organization’s desired location. The City does not have funds to assist with assessment, transportation, installation, or ongoing operations for the units. Qualified proposals should not include any financial or ongoing operational support from the City.

• The Awarded Organization shall understand Connect Shelters is no longer operating and is purchasing the units in an “as is” condition, releasing the City from any further liability or costs related to the transportation or operations of the units.

• The Awarded Organization shall demonstrate financial feasibility and identify project relocation and operation funding, which shall assume no financial or operational support from the City.

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• The Awarded Organization shall provide a business plan for ongoing operation of the units, demonstrating its intent to provide interim housing for people experiencing homelessness, or other proposed use.

• The Awarded Organization shall be responsible for the acquisition of all necessary and applicable permits for the transportation, installation, and operation of the awarded units

APPENDICES

Appendix 1

This appendix shows the specifications of the modular units, both standard and

ADA-accessible.

Appendix 2

This appendix is a compilation of photographs to provide visual examples of how the units look like

3 How We Choose In order to reduce the administrative burden, barrier to entry, and loss of resources, particularly for smaller organizations, non-profits, and CBOs, it is the City’s desire to establish a rolling RFP such that proposers will be able to provide a submission to this RFP for an open period of time. This period will consist of a clear beginning and end date during which time proposers can submit their proposals on an ongoing basis. Proposals will be evaluated at designated intervals based on when they were submitted. Proposers to this

RFP should be aware that the City’s intention is to continuously have this RFP open until an award can be made. The City will notify Proposers ahead of time of any closing date or amendment to the RFP’s timeline.

3.1 Minimum Qualifications

Proposers must meet the following minimum requirements to be eligible:

• Qualification to conduct business in the City

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

• Mandatory licenses types

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3.2 Evaluation Criteria

Responses from entities that do not have a proven track record in the development of industrial, commercial, residential or public benefit projects, or those that cannot demonstrate the capability to fund the necessary costs associated with the acquisition and transportation of the modular units will be rejected.

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrate a proven track record in managing similar facilities or projects, highlighting experience with municipalities and identified demographic

• Demonstrate staffing, subcontractor (if applicable), and funding capacity

25%

2. Method of Approach

• A detailed, actionable work plan that outlines how your organization will manage the acquisition, transportation, and installation of the modular units, as well as sustainably operate the units

• Description of how you will utilize the modular units.

25%

3. Communications & Reporting

• Confirmation of acquisition, transportation, and delivery to immediate/final site

• Proof of subcontractor invoicing

20%

4. Reasonableness of Cost 30%

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.

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• 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

The City intends to evaluate proposal submissions approximately every 30 days and/or every 1 month until an award can be made. Specific timelines for future evaluation periods will be announced via Bid Amendments / Addenda, including additional evaluation periods, if needed. Please check Bid Amendments on Long Beach Buys for more information.

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date 03/31/26

Optional Pre-Proposal

Meeting/ Site Visit

11:30AM

04/15/26

• 1375 N Olive St, Ventura, CA 93001. Please park around the backside from Olive St and check in at the office.

• The Economic Development Department highly recommends all interested parties to visit the location where the modular units are stored to provide such interested parties the opportunity to visually and physically evaluate the modular homes.

• There will only be one scheduled site visit;

however, the City may consider additional site visits upon request. Additional site visits are not guaranteed.

Questions due to the

City (Evaluation Period

1)

Evaluation Period 2

Evaluation Period 3

Evaluation Period 4

Evaluation Period 5

11:00AM

04/22/26

June 2026

July 2026

Aug 2026

Sept 2026

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

Posting of the Q&A

(Evaluation Period 1)

Evaluation Period 2

04/29/26

• Responses to the questions will be posted on

LongBeachBuys.com.

mailto:rfppurchasing@longbeach.gov file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com

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Evaluation Period 3

Evaluation Period 4

Evaluation Period 5

July 2026

Aug 2026

Sept 2026

Proposals due

(Evaluation Period 1)

Evaluation Period 2

Evaluation Period 3

Evaluation Period 4

Evaluation Period 5

11:00AM

05/29/26

June 2026

July 2026

Aug 2026

Sept 2026

• 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

(Evaluation Period 1)

Evaluation Period 2

Evaluation Period 3

Evaluation Period 4

Evaluation Period 5

July 2026

Aug 2026

Sept 2026

• 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/ Optional

TBD

• 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 the right to negotiate a contract with another Contractor or withdraw the RFP.

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 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.

The Narrative Proposal MUST NOT INCLUDE COST AND PRICING

INFORMATION. The Narrative Proposal will be reviewed first and then the cost proposal. Therefore, each part should be uploaded separately, but submitted together.

☐ Cost Proposal The Cost Proposal is to be a separate document and shall include:

• All-in acquisition price offered to the City for the modular units

• Itemized estimated transportation and other foreseeable costs associated with the acquisition, transportation, and relocation to the modular homes’ immediate new location

• Source and evidence of funding to cover all previously identified costs

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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 Program

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.

☐ Conformation of Attachments | Ensure you have checked ALL the attachments in

Long Beach Buys and have confirmed that all the required documents have been uploaded and labeled correctly.

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4.3 Narrative Proposal Template

An editable version of the template below has been posted to Long Beach Buys. Proposers should complete the editable template and submit it as their narrative proposal.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID 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).

Please describe your organization’s experience and capacity to acquire, transport, install, and operate the modular units in a manner consistent this RFP.

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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 an overview of the key personnel that shall be involved in the acquisition and transportation of the modular homes. Please include one paragraph explaining their expertise.

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Project Manager

Phone Number

Project Description

Reference 4

Project Manager

Phone Number

Project Description

Reference 5

Project Manager

Phone Number

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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?

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 nationally, locally, and residing in Long

Beach?

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

Please provide an overview of the key subcontractor personnel that shall be involved in the acquisition and transportation of the modular homes. Please include one paragraph explaining their expertise.

Method of Approach

1. Briefly summarize your organization’s method of approach to the acquisition, transportation, and installation of the modular units.

2. Summarize your proposed workplan, expanding on the Overview you provided, with timelines for key milestones explaining how your proposal intends to achieve the outcomes outlined in Section 2: Scope of Work.

3. Summarize how your organization’s intent to utilize the modular units is consistent with the City of Long Beach’s original intent to provide interim housing for people experiencing homelessness.

4. If it is not your organization’s intent to provide interim housing, please expand on your organization’s intended use of the modular units and provide key timeline milestones.

5. Please discuss how your organization foresees mitigating or addressing potential risks or operating/technical/legal challenges that may arise from the acquisition and transportation of the modular homes.

Communications & Reporting

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1. Please explain the data and reporting systems that will be used to evaluate the successful acquisition, transportation, and relocation of the modular homes. Are there any alternative performance metrics your organization recommends tracking? Please explain how this data will be used or has been used in the past.

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

3. Describe the main methods of communication on how you organization will report on performance to the City, and coordinate with the City to meet the objectives of this RFP.

4. Please explain how your organization works with buyers, sellers, banks, etc.

5. 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, Economic Development Department

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

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 21 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

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 22 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

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 23 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 Two Million Dollars (US $2,000,000) per occurrence and Four Million Dollars (US $4,000,000) 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

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 24 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”).

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 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

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 25 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 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 http://www.longbeach.gov/finance/business_license

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 26 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 rates determined by the director of the Department of

Industrial Relations and the applicable minimum wage rates determined by the

Secretary of Labor (for federally assisted projects) for similar classifications of work, the Contractor and its subcontractors of every tier shall pay their workers not less than the higher wage rate.

13. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 27 contract or subcontract must contain the following provision: “It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The awarded contractor expressly agrees to comply with the penalty provisions of California Labor Code

Section 1776

5.4 Additional Requirements

N/A

5.5 Protest Procedures

Who May Protest

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

Time for Protest

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

Proposers are responsible for registering with the City’s electronic bid notification system and maintaining an updated Contractor profile. The City is not responsible for Proposers’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFP justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

Form of Protest

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

Purchasing Agent. Protests must be submitted via the email address above. They must include a valid email address and phone number. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to

Connect Shelters for Purchase and Use | RFP - ED-26-705 | Template v3.14.25 | 28 support the grounds stated, and must refer to specific portions of the RFP and attachments upon which the protest is based. Once the protest is received by the City Purchasing Agent, the City will not accept additional information on the protest unless the City requests it.

City Response to Protest

The City Purchasing Agent or designee will respond with a decision regarding the protest within five (5) business days of receipt of protest to the email…