Classification & Compensation Program Development Consulting Services | RFP - HR-26-

702 | Template v3.14.25 | 1

City of

Long Beach Request for Proposals RFP - HR-26-702

Classification & Compensation Program

Development Consulting Services

Classification & Compensation Program Development

Consulting Services | RFP - HR-26-702 | Template v3.14.25

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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 soliciting proposals from qualified professional firms to provide professional human resources consulting and training services related to classification and compensation.

Key Dates

Release Date: Thursday, March 19, 2026

Optional Pre-Proposal Meeting: 9:00 AM (PST), Wednesday April 1, 2026

Questions Due to the City: 11:00 AM (PST), Thursday, April 16, 2026

Proposals Due: 11:00 AM (PST), Thursday, May 14, The City reserves the right to modify these dates at any time, with appropriate notice to prospective Contractors.

Proposal Information

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

Proposals must be submitted electronically via

LongBeachBuys.com.

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

Official Contact

Keisha Sanker

| 2 rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

Classification & Compensation Program Development Consulting

Services | RFP - HR-26-702 | Template v3.14.25 | 3

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

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5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The City of Long Beach (City), through its Human Resources Department, is seeking to select a highly qualified professional consulting firm to provide strategic consulting and training services related to Classification and Compensation. Services will focus on the development of the City’s new Classification and Compensation Division, including the creation of a compensation philosophy, alignment of policies and procedures with best practices, modernization of process guides, resources, and templates, identification of city-wide and industry-specific comparator agencies, and training of Division staff on various aspects of classification and compensation administration.

1.2 Background

The City of Long Beach is the seventh largest city in the State of California and employs approximately 6,000 full-time and part-time employees across 24 departments. The Human

Resources Department is responsible for administering and maintaining the City’s classification and compensation system, which supports a diverse workforce that includes professional, technical, administrative, and public safety classifications.

As the labor market and organizational needs evolve, the City requires a modernized approach to its foundational classification architecture. Current systems require standardization to improve recruitment efficiency, career pathway clarity, and consistency in naming conventions citywide. This initiative aims to establish a formal, data-driven framework that will serve as the basis for all future classification actions and provide the necessary strategic data to support the City through its mandatory meet-and-confer processes with labor organizations.

1.3 Goals

The goals of this RFP include, but are not limited to, the following:

• Development of a modernized compensation philosophy that defines the City’s compensation goals and informs its structure, including its position with respect to market competitiveness.

• Identification of a revised list of comparator agencies, including alternate comparator agencies for specialized areas of industry.

• Alignment of classification and compensation policies, practices, and procedures with industry standards.

• Redevelopment of classification and compensation templates, forms, process guides, and other guiding documents.

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• Comprehensive training of staff that participate in classification and compensation work to facilitate implementation of program updates and revised practices and develop capacity for in-house completion of various classification and compensation objectives.

1.4 Award Terms

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

Work will be assigned on an as-needed basis, and the City does not guarantee a minimum amount of work or compensation. The City reserves the right to assign projects based on vendor availability, expertise, performance, and project requirements.

Selected vendors will not be involved in labor relations activities, collective bargaining, or implementation of classification and compensation changes. All final decisions and implementation activities will remain the responsibility of the City.

2 Scope of Work

2.1 Description of Services

The selected Contractor shall provide professional human resources consulting and training services to facilitate the development of the City’s classification and compensation program. The focus of this engagement is the creation of a sustainable strategic framework, foundational administrative tools, and standardized methodologies for the City's long-term operational use.

Services may include, but are not limited to, the following:

1. Project planning and communication.

• Development of project plans and estimated timelines for completion for all identified objectives.

• Routine communication with relevant Human Resources stakeholders to report on and facilitate continued progress on open projects.

2. Development of a modernized compensation philosophy that defines the City’s compensation goals and informs its structure, including its position with respect to market competitiveness.

• Analysis of current compensation structures and identification of areas for improvement to align City practices with industry standards.

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• Communication with City stakeholders to identify market positioning preferences and essential information to facilitate the development of a guiding philosophy that articulates overall compensation goals relative to budgetary capabilities.

3. Identification of a revised list of comparator agencies, including alternate comparator agencies for specialized areas of industry.

• Communication with City stakeholders to identify key criteria for identifying comparator agencies and determining a number of comparator agencies relative to industry standards.

• Analysis and identification of prospective comparator agencies, including alternate agencies for specialized area of industry.

4. Alignment of classification and compensation policies, practices, and procedures with industry standards.

• Analysis of current classification and compensation policies, practices, and procedures to identify areas of alignment and opportunities for improvement relative to industry standards and best practices.

• Coordination with City stakeholders and study of City documents and resources to assess existing classification and compensation policies, practices, and procedures to identify inconsistencies with industry standards and make recommendations for modernization.

5. Redevelopment and creation of classification and compensation templates, forms, process guides, and other guiding documents.

• Analysis of current templates, forms, process guides, and other documents to identify areas for improvement and alignment with revised policies, practices, and procedures.

• Coordination with Human Resources stakeholders to develop new templates, forms, process guides, and other documents.

6. Comprehensive training of staff that participate in classification and compensation work to facilitate implementation of program updates and revised practices and develop capacity for in-house completion of various classification and compensation objectives.

• Develop comprehensive training materials and curriculum for relevant Human

Resources staff.

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• Administration of customized trainings and workshops to relevant Human

Resources staff related to program updates, essential classification and compensation education, and direct application of revised policies, practices, and procedures.

• Recording of trainings for continued education of City staff.

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 parties, and may be adjusted over time as needed.

METRIC DESCRIPTION TARGET DATA SOURCE

1. Responsiveness The selected contractor(s) should acknowledge a request from the contract administrator within two (2) business days (weekends and holidays are excepted).

Response within two (2) business days.

Contract administrator

(Human Resources

Department).

2. Report Quality and Accuracy

The contractor should provide regular reports that accurately reflect the progress of classification and

Reports should have little to no errors as verified by an independent audit.

Independent audit reports and feedback from the

Classification and

Compensation

702 | Template v3.14.25 | 10 compensation objectives and analysis methodology, free from errors and aligned with the project's scope.

team, Human

Resources.

3. Milestone

Completion

The contractor should identify project milestones, set milestone completion dates, and complete all project milestones by the agreed-upon deadlines outlined in the project timeline.

Completion of each milestone by the due date specified in the contract.

Project management tracking and reports to the contract administrator

(Human Resources

Department).

Responsiveness is defined as the selected contractor(s) acknowledging the request from a customer department within two (2) business days. Except for holidays and weekends.

Report Accuracy is defined as the integrity and reliability of the study findings. Assessing the precision of the contractor's reports to ensure they are free from errors and fully align with the project's objectives.

Milestone Completion is defined as the ability of the contractor to complete each project milestone on-time or by the predetermined deadlines specified in the contract.

2.2.2 Contract Management

The Human Resources Department will designate a City representative to serve as the primary point of contact for all assigned work. Contract management activities may include:

• Assignment-specific kickoff meetings to review scope, timelines, and deliverables.

• Regular progress check-ins, as appropriate to the size and complexity of the assignment.

• Review and approval of interim and final deliverables prior to acceptance.

• Coordination with impacted departments as directed by the City.

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Contractors shall maintain clear documentation of work performed and promptly communicate any issues that may affect scope, schedule, or deliverables.

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 with details regarding services rendered by assignment (i.e. services for classification study by name/ group, etc.). The City will remit payment within 30 calendar days of being billed. No payment will be made for work performed without prior City authorization.

3 How We Choose

3.1 Minimum Qualifications

Proposers shall meet the following minimum following qualifications:

• Qualification to conduct business in the City of Long Beach.

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

• Contractor must have at least three years of experience providing classification and compensation studies specifically for public agencies, including agencies with public safety departments (i.e. Fire and Police), where applicable.

• Contractor must have proven expertise in data analysis and the use of advanced analytical tools and software relevant to classification and compensation studies.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrated success in developing modernized classification and compensation structures and philosophies

• Qualifications and specific strategic experience of the project lead and key personnel.

• Firm’s history of working with public agencies on classification and compensation projects.

35%

2. Method of Approach

• Sophistication of the methodology for redeveloping classification and compensation policies, practices, and procedures.

• Approach to analyzing and identifying comparator agencies, including alternate comparator agencies.

35%

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• Clarity of the plan for analyzing current practices and aligning them with industry standards.

• Effectiveness of the proposed timeline and scalability of the strategic framework.

3. Training & Communications Reporting

• Quality of the proposed training curriculum and approach for relevant

Human Resources staff.

• Ability to translate complex data into clear, defensible reports for internal stakeholders.

• Proposed approach for managing change and facilitating knowledge transfer.

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.

• 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 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 March 19, 2026

Optional Info Session 9:00 AM (PST) April

01, 2026

• Microsoft Teams. Click the link below to join the meeting

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• Join Meeting Now

• Meeting ID: 292 288 544 631 18

• Passcode: YG2Am2KS

• Dial in by phone

• +1 213-279-1690,,421128668#

Questions due to the

City

11:00 AM (PST),

April 16, 2026

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

Posting of the Q&A Thursday, April 30,

• Responses to the questions will be posted on LongBeachBuys.com.

Proposals due 11:00 AM (PST), Thursday, May 14,

• Proposals should be submitted electronically via LongBeachBuys.com.

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

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

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

o For technical support, email or call the City during normal business hours at

LBPurchasing@longbeach.gov or

(562) 570-6200.

Evaluation of Narrative

& Cost Proposals

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.

https://teams.microsoft.com/meet/29228854463118?p=2RSgef33z6lEGwUZgt tel:+12132791690,,421128668 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 mailto:LBPurchasing@longbeach.gov

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

PROPOSAL

☐ Narrative

Proposal

The Narrative Proposal should provide a straightforward, concise delineation of capabilities to satisfy the RFP. Guidance on preparing a Narrative Proposal is detailed in Section 4.3.

☐ Cost Proposal The Cost Proposal should be prepared using:

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• A detailed breakdown of costs, preferably structured by project phase (e.g., Phase 1: Philosophy Development, Phase

2: Comparator Framework).

• Include hourly rates for all key personnel.

• Identify any “not-to-exceed” totals for the initial project scope.

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: [Section 5.3 Insurance Requirements]

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

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

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

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

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4.3 Narrative Proposal Template

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

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID Number

Website

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

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

Please describe 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?

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

Please provide an overview of how the project will be staffed, including the names, titles, and roles of key personnel, as well as the percentage of time each team member will dedicate to the project. Attach resumes or provide brief descriptions of relevant experience for each staff member.

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

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

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Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Which specific requirements of this RFP will the subcontractor perform?

Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

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

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

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

Beach?

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

Please provide a plan of overview for how the project will be staffed, including the percentage of time each employee will be allocated to the project, and the names and

702 | Template v3.14.25 | 19 titles of principles. Or: Who are the key staff involved in the project? For each, please provide a name, title, and resume either as an attachment or 1 paragraph description.

Method of Approach

1. Describe your process for facilitating the development of a compensation philosophy with City stakeholders.

2. Explain the data sources and statistical methods you will use to analyze and make recommendations on comparator agency matching.

3. How will you ensure that program templates and documents, including classification specifications, are modern, equitable, and legally defensible?

Communications & Reporting

1. Describe the systems, tools, and/or processes your firm uses to track assignment progress, manage data, and support reporting, including any metrics used to monitor timeliness or quality of work products.

2. Describe how your firm provides internal oversight and quality control to ensure consistent, high-quality service delivery throughout classification and compensation program development.

3. Describe how your firm will communicate with the City during classification and compensation program development, including status updates, issue escalation, and coordination with the Human Resources Department.

4. If interaction with City departments or other internal stakeholders is required, describe how your firm will coordinate and communicate with those stakeholders as directed by the City.

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, Classification and

Compensation Division.

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

702 | 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

702 | 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

702 | 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

702 | 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 insurance equivalent in coverage scope to ISO CG

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

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

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

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

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

702 | Template v3.14.25 | 26 shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach and its insurers, officials, employees, and agents.

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

d. Professional liability or errors and omissions liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim covering the services provided pursuant to this Contract.

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

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

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

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

Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of

702 | Template v3.14.25 | 27 performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless

City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. If a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this contract. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this contract.

3. The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases, the City may require a 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 http://www.longbeach.gov/finance/business_license

702 | Template v3.14.25 | 28

Awarded Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code Section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by

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

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

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

702 | Template v3.14.25 | 29

5.4 Additional Requirements

Not Applicable

5.5 Protest Procedures

Who May Protest

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

Time for Protest

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