Casualty Insurance Brokerage Services | RFP - HR-23-308 | Template v04.20.23 | 1

City of

Long Beach Request for Proposals RFP - HR-23-308

Property and Casualty Liability Brokerage Services

Casualty Insurance Brokerage Services | RFP - HR-23-308 |

Template v04.20.23 | 1

Overview

Summary

The City of Long Beach Department of Human

Resources is seeking proposals from qualified insurance brokerage firms to provide seamless continuity for its Property and Casualty Liability insurance coverage.

Key Dates

Release Date: July 01, 2025

Questions Due to the City: 11:00 AM (PST), July 15, Proposals Due: 11:00 AM (PST), August 12, 2025

The City reserves the right to modify these dates at any time, with appropriate notice to prospective Contractors.

Proposal Information

Instructions for what to include in your proposal and how to submit it are detailed in Section 4.

Proposals must be submitted electronically via

LongBeachBuys.com.

Official Contact

Keisha Sanker rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

Casualty Insurance Brokerage Services | RFP - HR-23-308 |

Template v04.20.23 | 2

Contents

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 Program

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 Department of Human Resources (HR) is seeking proposals from qualified insurance brokerage firms to provide seamless continuity for its Property and

Casualty Liability insurance coverage. The selected firm will act as a consultant, offering expert guidance on a variety of insurance coverage specific to municipal needs, including excess municipal liability, property, airport, and other specialized coverage.

1.2 Background

The City of Long Beach (City), located in Southern California, is a prominent urban center with a diverse and growing population of approximately 467,892 residents. Long Beach is the 36th largest city in the United States and the 7th largest in California. Covering around fifty square miles, the City hosts significant facilities including public colleges, hospitals, and libraries, and has a robust economic base spanning aerospace, aviation, oil, government, real estate, tourism, trade, and shipping. The Port of Long Beach, one of the busiest ports in the U.S., plays a crucial role in the City’s economic activities.

The selected brokerage firm will serve as a consultant, providing expert guidance and support tailored to the unique risks faced by municipalities like the City of Long Beach. This includes handling a comprehensive range of insurance coverages such as excess workers’ compensation, property, airport liability, aircraft (helicopter) liability, excess general and public liability, employment practices liability, crime (including cyber crime and employee dishonesty/embezzlement), storage tank liability, vehicle verifier, miscellaneous bonds, and other specialized coverages.

1.3 Goals

The goals of this RFP include the following:

1. Optimize Insurance Coverage & Reduce Risk Exposure Costs:

• Objective: Secure comprehensive insurance coverage and reduce overall risk exposure costs.

• Approach: Leverage market expertise to negotiate optimal terms, ensuring coverage that meets the City’s risk profile and achieves cost efficiencies.

2. Enhance Risk Management Integration:

• Objective: Align the City’s insurance program with its risk management strategies.

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• Approach: Collaborate with the City’s team to integrate insurance solutions into broader risk control measures, providing expert guidance.

3. Support Enterprise Risk Management (ERM) Implementation:

• Objective: Assist in developing and executing an Enterprise Risk Management

(ERM) program that enhances the City’s risk management capabilities.

• Approach: Provide expertise to ensure the ERM framework is tailored to the

City’s strategic goals and risk management needs.

4. Improve Excess Claims Management & Provide Market Expertise:

• Objective: Manage excess claims efficiently and offer expert market analysis to secure favorable insurance terms.

• Approach: Coordinate with carriers, advocate for the City’s interests, and use market analysis to negotiate competitive pricing and coverage.

1.4 Award Terms

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

2 Scope of Work

2.1 Description of Services

The proposers shall have the necessary experience to provide Property and Casualty insurance services listed in this RFP. The selected brokerage firm will be responsible for providing a comprehensive range of services related to the City’s Property and Casualty

Liability insurance coverage. The scope of work includes, but is not limited to, the following:

1. Insurance Placement & Market Analysis: Assist in the placement and renewal of insurance policies by conducting thorough market analysis to identify suitable carriers and negotiate optimal terms.

a. Provide certificates of insurance requested by the City within one business day of the request to both the City and the third party indicated by the City.

b. Respond in writing within five days of the City’s request for new coverage and/or modifications in existing coverage.

c. Notify the City in a timely manner about changes or proposed changes initiated by parties other than the City affecting the City’s insurance coverages.

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d. Obtain insurance quotations inclusive of direct or indirect commissions, rebates, profit (contingency) commissions, excess and surplus lines commissions, wholesale commissions, and any other fees on all insurance, excess insurance, and reinsurance placed through the broker on behalf of the

City. Note that the fixed brokerage fee proposed pursuant to this RFP, should include an allowance for any such direct or indirect commissions or fees.

Nevertheless, the City requires full disclosure of compensation from all sources derived in whole or in part from the City’s purchase of insurance coverage through the selected broker and by the broker’s servicing thereof.

e. At mutually agreed upon times, at least four months prior to the expiration of insurance policies, meet with City to prepare a written marketing strategy report for the City identifying anticipated marketing conditions and potential markets, and proposing a strategy for the City’s major loss exposure areas.

2. Claims Management & Risk Mitigation: Provide expert support in managing excess and property claims, resolving complex issues, and offering recommendations for risk mitigation strategies.

4. Risk Management & ERM Support: Provide expert support to implement an ERM program that aligns with the City’s needs and insurance portfolio.

5. Consultation, Reporting & Compliance: Deliver regular reports on insurance performance, market trends, and ensure compliance with regulatory standards, offering on-demand consultation as needed.

a. Arrange for direct payment of premiums to insurance companies or their equivalents by the City and for direct payment of claims by insurance companies to the City.

b. Prepare a written, annual stewardship report to the City including schedule of policies in force, coverage provisions, premiums, comparisons with prior year premiums, insurance claims experience for current and prior policy and accident years on paid, incurred, and ultimate bases, and recommendations for possible adjustments to insurance coverage for the next policy year. The report should provide a summary of broker and carrier support services rendered during the prior year, with recommendations for broker and carrier services for the subsequent year.

c. Assist in preparing underwriting data and specifications for renewal negotiations in cooperation with City risk manager and risk management officer.

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d. Conduct underwriting audits as determined by broker or as requested by City, in conjunction with City risk manager and risk management officer.

e. Analyze the City’s exposure to loss, adequacy of coverage, and develop options on coverage not presently purchased by the City. A written report summarizing this analysis should be prepared annually.

f. Service property claims, including claims analysis, reporting and monitoring and involvement in loss adjustment, conducting claims audits of insurers in conjunction with City’s risk manager and risk management officer.

g. Coordinate property appraisals of insured City assets with Risk Management and City Safety to evaluate and adjust values as necessary. Prepare appraisal reports and summaries for review. Note that not all City properties require inspection; those valued over $5 million follow a three-year inspection cycle.

h. Broker shall include City Risk Manager and Risk Management Officer in all negotiations with underwriters involving placements of all of the City’s insurance and excess insurance programs.

i. Respond to all needs of the City as requested.

j. Broker shall assist the City staff as requested to develop insurance requirements for the various contracts and permits issued.

k. Broker shall utilize carriers that have a minimum rating from A.M. Best of “A” and financial category rating of “VIII” or carriers that are admitted to write in the State of California.

6. On-Demand Assistance for 2028 Olympics: In addition to the core services, the selected broker(s) will be required to provide on-demand assistance during the 2028

Summer Olympics, which will be held in Los Angeles and Long Beach. This includes:

a. Enhanced Coverage Analysis: Evaluate and provide recommendations for any additional insurance needs or adjustments specific to the increased exposure and unique risks associated with the Olympics.

b. Emergency Response Support: Offer immediate assistance for risk management and insurance issues that may arise during the event, including providing expert advice on claims management, risk mitigation strategies, and any other insurance-related concerns.

c. Coordination with Event Organizers: Collaborate with Olympic event organizers and other relevant stakeholders to ensure comprehensive coverage and address any emerging risk factors.

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d. Additional Consultations: Be available for consultations and meetings related to the Olympics as required, including providing specialized expertise to address the City’s concerns during this high-profile international event.

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

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

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

METRIC DESCRIPTION TARGET DATA SOURCE

1. Expenditure

Control & Risk

Exposure

Measure percentage change in the overall expenditures related to exposure and premiums compared to previous periods.

Achieve year-over-year expenditure control by maintaining or lowering premiums, claims, and risk exposure levels.

Track total premium and claims cost savings through financial records and risk management reports.

2. Service Quality &

Partnership

Assess the quality of brokerage services, responsiveness, and collaboration with the City's risk management team.

Meet or exceed service quality standards based on stakeholder feedback and responsiveness.

Gather informal feedback from key stakeholders and document broker’s responsiveness and support.

3. Claims

Management

Efficiency

Measure the efficiency in handling claims, including resolution time and accuracy.

Improve claims notification and resolution times and accuracy.

Monitor key performance indicators, including claim notification times and broker’s participation records.

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4. Enterprise Risk

Management

Program (ERM)

Implementation

Progress

Track the progress and impact of the

Enterprise Risk

Management (ERM) program implementation, focusing on milestone completion and timeline adherence.

Complete key ERM milestones on schedule and align with the City’s risk management objectives.

Assess milestone completion and adherence to the implementation timeline using project management tools.

2.2.2 Contract Management

Communication and Management: The contract will be a partnership between the City and the Awarded Contractor(s). The Awarded Contractor(s) shall be required to maintain and submit to the Risk Management Bureau adequate information necessary to monitor project accountability and progress in accordance with the project and City requirements.

These conditions include regular collaboration with the Risk Management Bureau monthly, especially in the early implementation phase.

Organizations shall have a single point of contact for contract management, regardless of the number of projects awarded. The Risk Manager expects to meet with Awarded

Contractor(s) upon receipt of the award and as needed thereafter during the contract period. Frequency of meetings may be adjusted at the discretion of the Risk Manager in order to monitor project performance and maximize project impact.

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

Proposers must meet the following minimum qualifications to be eligible:

• Qualification to conduct business in the City

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

• The proposer shall be licensed as an insurance broker in the State of California

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• Respondents must have a minimum of five year’s experience in providing casualty and property insurance services for public entities

• Proposer’s must be Equal Opportunity Employers

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrated experience in providing brokerage services, particularly for municipalities or similar organizations.

• Experience in risk management, insurance solutions, and qualifications of key personnel.

• Review of references from similar clients.

35%

2. Method of Approach

• Proactive strategies tailored to the City's risk profile and insurance needs.

• Firm’s ability to conduct thorough risk assessments, provide tailored solutions, and implement effective risk mitigation strategies.

25%

3. Communications & Reporting

• Effective use of technology and clear communication

• Evaluate the firm’s technology for risk management, claims processing, and reporting. Assess their responsiveness, reporting mechanisms, and overall communication effectiveness with the City.

20%

4. Reasonableness of Cost

• Transparency and competitiveness of pricing.

• Review the fee structure, including commissions and additional charges.

• Assess cost-effectiveness relative to the City’s budgetary constraints and expected value from services provided.

20%

3.3 Local Preference

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

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

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

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

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

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

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date July 01,2025

Questions due to the

City

11:00 AM

(PST), July 15,

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

Posting of the Q&A July 29, 2025 • Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST), August

12, 2025

• Proposals should be submitted electronically via LongBeachBuys.com.

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

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

o Proposers will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the proposal was submitted successfully. The City will only receive proposals that were transmitted successfully.

o For technical support, email or call the

City during normal business hours at 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

TBD • 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 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 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.

mailto:LBPurchasing@longbeach.gov

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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.

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 include the following:

• Detailed fixed prices, including out-of-pocket expenses, for all costs associated with the responsibilities and related services indicated herein.

• Clearly specify the nature of expenses anticipated and the amount of each category for out-of-pocket expenses.

• The number of hours of service to be provided for each year of the contract, the hourly cost for services and a total fixed-price for the project budget.

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

☐ D. Proof of Insurance Broker License for the State of California

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Attachments Which May be Submitted Upon Award | Upon award, Awarded

Contractors will be required to submit the following. We encourage you to take note of these requirements, and where possible, include available information as part of your proposal to expedite processing.

☐ E. W-9

☐ F. Business License

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

☐ H. Certificates of Insurance

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

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

4.3 Narrative Proposal Template

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:

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☐ Limited Liability Company

☐ Other _________________________________

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

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

Provide a list of current public entity clients served by the office of your firm that will handle the City’s account. Additionally, include a list of public entity clients this office has serviced during the past five years.

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

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

Please provide a plan of overview for how the project will be staffed, including the percentage of time each employee will be allocated to the project, and the names and titles of principles. Or: Who are the key staff involved in the project? For each, please include 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

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Reference 3

Company

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

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

Organization Company Name

Company Address

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Which specific requirements of this RFP will the subcontractor perform?

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Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

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

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

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

Beach?

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

Method of Approach

1. Summarize your plan to provide the City with proactive strategies tailored to the

City's risk profile and insurance needs.

2. Summarize your plan to provide the City with proactive strategies tailored to the

City's risk profile and insurance needs. Explain how your proposal will mitigate and address risks or operational / technical / legal challenges for any risks or challenges that have been identified.

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

Communications & Reporting

1. Describe the data and reporting systems that will be used to routinely evaluate program performance. Include any additional or alternative performance metrics you recommend tracking. Explain how this data will be used for program management and provide examples of how you have used data and reporting systems for program management in the past.

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

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

City to meet the objectives of the RFP.

4. Describe how you will work with other City Stakeholders, specifically related to the

2028 Olympics.

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, Human Resources

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 may 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.

11. ERM: Enterprise Risk Management

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

Casualty Insurance Brokerage Services | RFP - HR-23-308 | Template v04.20.23 | 19 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 conclusion of the negotiation process and before final approval by the awarding body 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

Casualty Insurance Brokerage Services | RFP - HR-23-308 | Template v04.20.23 | 21 agrees to 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

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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 through the negotiation process.

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 monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS

Casualty Insurance Brokerage Services | RFP - HR-23-308 | Template v04.20.23 | 23 retiree doing business as an independent contractor or employee of a third- party employer is required to submit a CalPERS determination to ensure the services provided are considered that of a true independent contractor position. All third-party employers are required to notify any individual they are having work for the

City of Long Beach of this requirement. You may reach out directly to CalPERS at membership_reporting@calpers.ca.gov for a determination.

5.3 Contract Terms & Conditions

1. The Awarded Contractor will be the sole point of contract responsibility. The City will look solely to the Awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the Awarded

Contractor shall not be relieved for the non-performance of any or all subcontractors.

2. The Awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the Awarded Contractor has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the

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

Company the following insurance:

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

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

CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of activities or work performed by or on behalf of the

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

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

Million Dollars (US $1,000,000) per accident or occupational illness. The policy 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.

mailto:membership_reporting@calpers.ca.gov

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

d. Cyber and privacy insurance that does not exclude coverage for liability resulting from the Contractor’s or its contractors’, employees’, or agents’ failure to protect private or confidential information of City, its employees, applicants, or others from unauthorized access on or through the internet, making known to any person or organization material that violates a person or organization’s right to privacy or publicity rights, or failure to prevent the transmission of a computer virus to its authorized users of its web site, to any private communication networks, or on or through the internet in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two

Million Dollars (US $2,000,000) in general aggregate

e. Professional liability or errors and omissions liability insurance in an amount not less than One Million Dollars (US $1,000,000) per claim and Two Million

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

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

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

Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless

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

Casualty Insurance Brokerage Services | RFP - HR-23-308 | Template v04.20.23 | 26 negligent or willful acts, errors, omissions or misrepresentations committed by

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

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

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

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

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

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

9. If the Awarded Contractor elects to use subcontractors, Awarded Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to…