RFP ED-26-737.pdf

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 1

City of

Long Beach Request for Proposals RFP - ED-26-737

Downtown Activation & Events

Downtown Activation & Events | RFP - ED-26-737 |

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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 to identify qualified vendors and organizations to supply services to design, implement, and manage a comprehensive downtown activation program.

Key Dates

Release Date: June 19, 2026

Questions Due to the City: 11:00 AM (PST), July 2, Proposals Due: 11:00 AM (PST), July 30, 2026

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

William Reyes rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

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

Customer Service Form rfppurchasing@longbeach.gov

(562) 570-6200

Additional support available for small businesses in Long Beach

BizCare

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

562-570-4BIZ (4249)

4Biz@longbeach.gov

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

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Contents

BizCare

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Local Preference

4 Proposal Instructions & Content

4.1 Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Additional Requirements

5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The City of Long Beach (City) is seeking to identify qualified vendors and organizations to supply services to design, implement, and manage a comprehensive downtown activation program. The selected vendor(s) will deliver creative, scalable solutions that stimulate economic activity, attract visitors, increase pedestrian traffic, and support local entrepreneurs and small businesses. This program will activate vacant storefronts and designated downtown spaces through initiatives such as nighttime markets, microenterprise opportunities, art installations, musical performances, and other innovative experiences with the goal of fostering economic growth and long-term tenancy in the City's economic core.

1.2 Background

The mission of the City of Long Beach Department of Economic Development &

Opportunity (Department) is to create economic opportunities for workers, investors, and entrepreneurs. The Department has four bureaus that deliver programs and services that help advance the Department’s mission. These include the Business Development Bureau, Real Estate Development and Property Services Bureau, Waterfront Bureau, and Long

Beach Workforce Innovation Network (Workforce Development Bureau).

The Business Development Bureau oversees programs and services designed to help people start, sustain, and grow businesses of all sizes in Long Beach. As part of creating a unique atmosphere and attracting businesses of all sizes, the City is looking to activate downtown by utilizing vacant storefronts, nighttime markets, and specified areas downtown for microentrepreneurs, art installations, musical performances, and other activation concepts.

1.3 Goals

The goal of this opportunity is to identify qualified professionals to coordinate efforts to stimulate economic activity and bring Downtown to life with art, concerts, festivals and community events to further activate Pine Avenue, the East Village, the new amphitheater and nearby spaces, and surrounding blocks, transforming them into vibrant economic and cultural hubs. Solutions should include, but are not limited to, creative and scalable activations that attract local entrepreneurs, new business, workers, residents, and visitors through local pop-ups, micro and small businesses, and artists, and experiences.

Awardees will provide services that contribute to the economic stimulation of Long Beach’s

Downtown corridor with an emphasis on recirculating awarded funds into the local economy. Solicitation submittals may include, but are not limited to the following:

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• Organize activations in vacant storefronts to increase foot traffic to neighboring businesses, restaurants, and retail spaces

• Nighttime Markets such as makers markets, farmers markets, or creative meetups

• Art installations in traditional, interactive, and immersive forms

• Concerts or performances

• Family-friendly programming

• Creative lighting installations

• Partnerships and activations with new and existing businesses and community organizations

• Improve the perception and desirability of Downtown as a dynamic, engaging, and safe place for commerce, culture, and entertainment

1.4 Award Terms

This is a one-time award disbursed upon receipt of deliverables. Project timeline may run up to mid-2028. Based on expertise and project design, multiple firms may be selected.

2 Scope of Work

2.1 Description of Services

Qualified vendors or consultants will be tasked to design, implement, and manage a downtown activation plan that leverages art, culture, experiences, and community-based programming in conjunction with City stakeholders and any additional selected solicitation vendors. The proposed plan and coordinated efforts with stakeholders should be aimed at stimulating economic activity and enhancing Downtown Long

Beach’s vibrancy. Priority areas of this project are Pine Avenue, the East Village, the new amphitheater and nearby spaces, and surrounding blocks of Downtown Long Beach.

Responsibilities include project management, project(s) administration and operations of all activation events, attending meetings, touring the site areas, a preliminary needs and assets assessment, and general projection timeline for the activations.

Collaborating with City staff and identified partners to ensure alignment with the stated goals in Section 2.2.

As one of United States’ most diverse cities, we emphasize economic inclusion. To successfully achieve this outcome, awardee(s) must conduct outreach and engagement to ensure broad and equitable participation by artists, entrepreneurs, residents, and businesses, with programming that reflects the City’s cultural diversity and community identity.

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The City will consider proposals that include the following list of deliverables:

• Program Design and Management o Develop and oversee a coordinated downtown activation program aligned with the City’s economic development goals. Responsibilities include project management, stakeholder coordination, scheduling, permitting support, and on-site event oversight as required.

• Marketing and Promotion o Develop and implement a marketing and communication strategy to promote activations. This may include digital marketing, social media campaigns, event calendars, media outreach, partnerships with local businesses and organizations and physical material. Marketing efforts should aim to increase awareness, attract residents and visitors, and position the downtown area as a vibrant destination

• Arts and Cultural Activations o Design and implement inclusive arts and culture-based activations such as public art installations, live performances, rotating exhibits, and murals that activate public spaces and increase and encourage repeat visitation.

• Events, Concerts, and Markets o Plan and manage community events, concerts, and markets of varying scales, including recurring activations and signature events. Programming should be structured to support surrounding businesses and increase foot traffic and dwell time.

• Pop-Ups and Micro-Business Activation o Create and manage low-barrier opportunities for local entrepreneurs, artists, and micro-businesses through pop-up retail, artisan markets, food vendor programs, and temporary activation of vacant or underutilized spaces.

• Artist and Entrepreneur Integration o Integrate local artists and small businesses as economic contributors through paid opportunities, vendor participation, and collaborative programming that supports business growth and visibility.

• Interactive Experiences

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 8 o Develop interactive experiences that encourage public participation, engagement, and exploration within the downtown area. These experiences should create memorable and shareable moments that attract residents and visitors, increase foot traffic and dwell time, and contribute to a vibrant downtown experience.

APPENDICES

Pro-Forma Agreement: Non-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 is an indication of the performance metrics of interest to the City, and is not exhaustive or final. As a part of a response to this

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

METRIC DESCRIPTION TARGET DATA SOURCE

1. Activations

Created

Number of activations created.

A variety of activations such as music performances, art installations, and vendor pop-ups should be utilized.

1-3 activation events per month which will continue through determined period. Frequency of activations may vary depending on scale.

Contractor will collect data.

2. Leveraging

Funding Sources and Donated

Items/Materials

Utilize outside funding partners to maximize the program impact.

This can be in the form of a corporate sponsor, in-kind contributions, or other creative

Minimum one activation per month is co-sponsored by an outside funding partner to maximize total number of activations.

Contractor will collect data.

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 9 funding alternatives.

3. Number of Local vendors selected

Local vendors participating as part of proposed activation plan

75% of all vendors selected for activations reside in or are based in the

City of Long Beach

Contractor will collect data.

4. Community

Participation

Activations are to enhance the experience of residents, visitors, and the business community in

Downtown. Metrics should be collected through headcounts, social media, foot traffic, and sales.

10-15% increase in community participation at activations.

Contractor will collect data.

5. Vacancies

Decreased

Number of Short-, mid-, or long- term storefront activations that lead to extended leases

Decrease in number of vacant storefronts utilized in the program or surrounding area.

Contractor will collect data.

6. Vendor

Demographic

Data

Data collected from activations and business owners should include optional questions on gender, ethnicity and preferred spoken language.

Demographics of entrepreneurs, artists, small businesses, and activations shows representation of diverse businesses and communities in designated area.

Contractor will collect and research data.

7. Marketing &

Promotion

Industry standard

Key Performance

Indicators including engagement, awareness, and

Number of impressions and data on reach, increases in foot-traffic of +10% –

Contractor will collect data.

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 10 connecting activity to revenue.

30%, revenue lift

+5% - 15%, Dwell time between 30-90 minutes.

2.2.2 Contract Management

In coordination with City staff, the Contractor must participate in a project kickoff meeting to introduce lead project staff and review project scope and review timeline. In addition, a mid-point progress update meeting and final report meeting will be scheduled for the

Contractor to present its findings.

The City’s Business Improvement District Program Manager will be the designated project liaison to provide consistent support and communication from the City. Similarly, the

Contractor is expected to assign a project manager to serve as their primary contact for the project.

Regular meetings between City staff and the contractor are expected to be held weekly during the initial period of the project to review project status, address project issues, and identify solutions and opportunities. As the project successfully launches, check-in meetings may be less frequent as needed.

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 following are the preferred minimum qualifications for Proposers:

• Qualification to conduct business in the City

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

• Minimum of two years of Experience with activation program design

• Demonstrated experience producing arts, cultural, and community-based events, activations that stimulate economic activity.

• Demonstrated experience in marketing and promoting successful activations and events

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3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Experience in design and implementation of activations to meet stated goals.

• Expertise and availability of key personnel.

• Organizational capacity to be responsive to City staff, and community organizations, and other stakeholders.

• Experience working with Long Beach property and business owners.

• Experience working with municipal events permitting process.

• Demonstrated track record of supporting local artist, entrepreneurs, small businesses, and community engagement initiatives.

40%

2. Method of Approach

• Clarity and thoroughness of the proposed program design and activation strategy.

• Ability to develop and maintain solid relationships with property and small business owners, community groups, and City staff.

• Strong commitment to equity and inclusion when designing and delivering services.

• Strategies for engaging local artists, entrepreneurs, small businesses, and community stakeholders

• Innovative and scalable ideas for arts, events, experiences, entrepreneurs, and small businesses.

30%

3. Communications & Reporting

• Ability to track and report performance metrics such as attendance, foot traffic, vendor participation, and economic impact.

• Capacity to attend regular project meetings with City staff to provide project updates.

20%

4. Reasonableness of Cost 10%

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.

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• Local business shall mean a business which maintains its principal place of business in a fixed office/place of business within 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 that are funded in full or in part by tidelands funds. The local preference may not apply to solicitations that are funded in full or in part by certain grant, federal or State of California funds.

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date June 19, Questions due to the

City

11:00 AM

(PST), July

2, 2026

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

Posting of the Q&A July 16,

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST), July

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

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LBPurchasing@longbeach.gov or (562)

570-6200.

Evaluation of Narrative

& Cost Proposals

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/ Demos/

Site Visits

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.

• Negotiations shall be confidential and not subject to disclosure to Public Records Act requests 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 mailto:LBPurchasing@longbeach.gov

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 14 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.

☐ Cost Proposal The Cost Proposal should be prepared using the form provided and itemized by specific outcome/activation.

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.

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☐ 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.

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).

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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?

Who are the key staff involved in the project?

For each, please a name, title, and resume either as an attachment or 1 paragraph description.

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

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Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

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

Organization Company Name

Company Address

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Which specific requirements of this RFP will the subcontractor perform?

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?

Who are the key staff involved in the project?

For each, please a name, title, and resume either as an attachment or 1 paragraph description.

Method of Approach

1. Briefly summarize your proposed solution.

2. Explain the logic model for how you will achieve the target outcomes/outputs of the RFP.

3. Summarize your proposed workplan with timelines for key milestones.

4. Explain how the proposal will meet the goals and objectives in Sections 1.3 and

2.2.1.

5. Explain how your proposal will mitigate potential operational/technical/ or legal challenges.

6. What will you need from the City to implement the contract successfully.

Communications & Reporting

1. Explain the data and reporting systems that will be used to routinely evaluate program performance, if there are any additional or alternative performance metrics you recommend tracking, how will this data will be used for program management, or how have you used data and reporting systems for program management in the past?

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

3. Explain how you will report on performance to the City, and coordinate with the

City to meet the objectives of the RFP.

4. Explain how you plan to work with other stakeholders involved in this project.

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 & Opportunity

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

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 21 any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

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

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 23 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

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 24 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

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 25 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: 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. If the scope of services involves the selling, serving, or furnishing of alcoholic beverages, the

Contractor shall also maintain Liquor Liability insurance with limits of not less than Two Million Dollars (US $2,000,000) per occurrence and Two Million mailto:membership_reporting@calpers.ca.gov

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Dollars (US $2,000,000) in the aggregate, naming the City of Long Beach as an additional insured.

b. Workers’ Compensation: 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 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. Commercial Automobile Liability: If use of a vehicle is part of the scope of services, or if the Contractor provides valet parking services, commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06

92 in an amount not less than One Million Dollars (US $1,000,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

d. Garagekeepers Legal Liability: If valet parking services are provided, the

Contractor shall maintain Garagekeepers Legal Liability insurance on a comprehensive and collision basis, covering physical damage to vehicles in the care, custody, or control of the Contractor, with a limit of not less than Five

Hundred Thousand Dollars (US $500,000) per occurrence.

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

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 27 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), 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 http://www.longbeach.gov/finance/business_license

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 28

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 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

Downtown Activation & Events | RFP - ED-26-737 | Template v3.14.25 | 29 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…