Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 1

City of

Long Beach Request for Proposals Number PR-22-084

Aquatic Equipment Rental Contractor

Aquatic Equipment Rental Contractor | RFP PR-22-084 |

Template v6.9.21 | 1

Overview

Summary

The City of Long Beach (City), Department of Parks, Recreation, and Marine (Department) is seeking a well-qualified commercial operator to provide, operate and maintain a public rental concession for non-motorized boating equipment, such as kayaks and paddle boards, at various aquatic locations in the City of Long Beach. The Department wants a concessionaire with a proven safety record who can provide year-round activities, activate and expand current operations, create additional revenue opportunities, and deliver a high level of customer service and partnership with the community, surrounding concessionaires, and the Department.

Key Dates

Release Date: June 27, 2022

Questions Due to the City: July 12, 2022 by 11:00 AM

Proposals Due: August 9, 2022 by 11:00 AM

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 the

City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/view/logi n/login.xhtml https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml

Template v6.9.21 | 2

RFP Official Contact

Elisa Landeros rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

Template v6.9.21 | 3

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 Selection Process & Timelines

4 Proposal Instructions & Content

4.1 Proposal 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

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 4

1 The Opportunity

1.1 Project Summary

The Department is seeking proposals from qualified commercial operators to provide rentals of non-motorized, self-propelled aquatic equipment such as kayaks and paddleboards at various locations. The proposed rental concession should result in a customer-focused, year-round rental operation that maintains safety as the No. 1 priority to increase and enhance the public’s use of the City’s renowned waterways.

1.2 Background

The Department is a nationally recognized and award-winning organization with 1,100 full- and part-time personnel and a budget of $58 million.

The Department oversees facilities and programs that reflect the needs and interests of a culturally diverse community, including 170 parks, more than 3,200 acres devoted to open space and recreation, 27 community centers, three public pools, 6 miles of beaches, and three marinas. For more information about the Department, visit http://longbeach.gov/park.

On January 18, 2022, the Long Beach City Council approved the adoption of a Strategic

Plan for the Department that will guide operational, staffing, and budget decisions for a 10-year period from 2022 to 2032 and serve as a tool to adapt park services as the community’s needs evolve. To learn more about the plan, visit https://www.longbeach.gov/park/business-operations/about/prm-strategic-plan/. To read the plan, visit https://www.longbeach.gov/globalassets/park/media-library/documents/business-operations/about/strategic-plan-summary/22-0118-prm-strategic-plan-final.

Long Beach features more than 11 miles of waterfront that welcomes upwards of 15 million visitors annually. Major expansions and upgrades have been made in recent years to the beach bike and pedestrian path, restrooms, and nearby parking lots, all of which are heavily used year round. Beach water quality in Long Beach has improved greatly, thanks to innovative storm drain improvements.

Kayak and Paddle Board Rentals

The City traditionally has worked with qualified private commercial operators to provide services to its park and beach visitors that the City itself does not offer in a mutually beneficial partnership.

The City, for more than 25 years, has partnered with its current vendor to offer rentals of kayaks and paddle boards at two locations in Alamitos Bay: (1) at Bay Shore Walk http://longbeach.gov/park https://www.longbeach.gov/park/business-operations/about/prm-strategic-plan/ https://www.longbeach.gov/globalassets/park/media-library/documents/business-operations/about/strategic-plan-summary/22-0118-prm-strategic-plan-final https://www.longbeach.gov/globalassets/park/media-library/documents/business-operations/about/strategic-plan-summary/22-0118-prm-strategic-plan-final https://www.longbeach.gov/globalassets/park/media-library/documents/business-operations/about/strategic-plan-summary/22-0118-prm-strategic-plan-final

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 5

(Ocean Blvd. at 54th Place) and (2) at Marine Park (San Marco Way at Appian Way)

(Fig. 1).

The City is interested in continuing to operate these locations and potentially expanding rentals to other waterfront locations. Current operating hours begin every day at 9:00 am and run until 5:00 pm April through September, and 4:00 pm October through

March.

Bay Shore Walk

The Bay Shore Walk location consists of the following storage areas furnished by the City:

a 120-square-foot storage room, a 157-square-foot storage room, a 160-square-foot outdoor storage container, and a 578-square-foot outdoor fenced storage area with the capacity for daily set-up and break-down of operations in a designated beachfront footprint (Figs. 2 and 3).

This location is adjacent to a City-owned and privately operated two-story concession stand that is anticipated to open to customers in 2022, serving food and drinks from morning through evening year-round. This location also is in close proximity to public restrooms and showers, a seasonally available on-water playground, Bayshore playground, an outdoor roller rink, basketball courts, handball courts, dock space used by the City’s gondola rides vendor and for City-provided sailing classes, and the

Bayshore Lifeguard Station (Fig. 4).

Marine Park

Rentals also are available at the Marine Park location through a self-service kiosk furnished by the current vendor. This location has a 94-square-foot indoor storage room and a 480-square-foot storage building. This rental location is adjacent to storage locations used by local dragon boat and outrigger clubs and is in close proximity to popular Mother’s Beach, public restrooms, the Long Beach Sea Base Aquatic Center, the Marine Park Lifeguard Station, and a City-owned and privately operated concession stand that is anticipated to open in Spring 2022. This location is directly across the waterway from the Davies Harbor Launch Ramp (Figs. 5 and 6).

Safety

The City has maintained an exemplary safety record, attributable to a comprehensive safety program that includes: a safety orientation focused on the proper use of equipment – which will at all times be used according to any applicable state, federal, and equipment manufacturer’s safety standards – and vendor policies and procedures that include a description of the activity, its inherent dangers, safety precautions while underway and what to do in the event of an emergency or accident; participant

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 6 acknowledgment and verification of those safety rules and procedures; a participation waiver obtained from all participants that clearly states minimum participation requirements; verification of swimming ability and ability to safely use rental equipment;

required use of personal safety equipment and flotation devices; instruction and/or verification of stand-up paddle-boarding ability; and rules and guidelines for safe and respectful navigation of City waterways.

The City seeks proposals that, at a minimum, meet the operational and safety standards specified in this RFP.

The City is interested in developing a variety of services for patrons that enhance the experience of beachfront visitors and generate revenue to support Department services. Therefore, Proposers are encouraged to consider additional services that may be of interest to beach visitors. Additional services may be provided by subcontract, but the subcontractor must be identified as part of the proposal. Examples of additional services could include but are not limited to: additional rental concessions locations;

special events; rental of other types of watercraft or equipment; or instructional programs.

As the City concludes its five-year Tidelands Capital Improvement Program, it also has contracted with multiple vendors to operate rental/retail concessions and food and beverage concessions at five beachfront locations on the coast and in Alamitos Bay, including at locations directly adjacent to the existing kayak and paddleboard rental locations.

To increase residents’ and visitors’ use and enjoyment of the City’s celebrated waterways, the City seeks a kayak and paddleboard rentals provider that will work in partnership with the City to preserve the highest standards in customer safety and service.

1.3 Goals

The objective of this RFP is to contract with an experienced and well-qualified private commercial operator that will continue to serve City residents and visitors with a kayak and paddleboard rental concession that enhances the enjoyment of the City’s waterfront and waterways. Exceptional customer service and a robust and thorough safety program must be maintained. The City also seeks to generate revenue to support

Department services while ensuring the vendor charges appropriate rental costs.

1.4 Award Terms

This contract will be for a period of five years with the option to renew for two additional two-year periods. The total contract term will not exceed nine years. The City anticipates awarding a contract to one private commercial operator for the exclusive right to rent self-propelled aquatic equipment at these locations but retains the option to award

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 7 contracts to multiple commercial operators associated with specific concession locations. There will be no expectation of exclusivity outside the locations identified in the contract.

2 Scope of Work

2.1 Description of Services

The City will engage the services of one private commercial operator to provide, operate and maintain, at its sole cost and expense, a rental concession offering non-motorized aquatic equipment including, but not limited to, boats, kayaks, canoes, paddle boards, rafts, or any other type of aquatic equipment not listed. Rental concession services will be operated at the two existing locations at Bay Shore Walk

(Ocean Boulevard at 54th Place) and Marine Park (San Marco at Appian Way) and at any additional mutually agreed-upon locations. Equipment approved for rental may vary depending on location.

2.1.1 Operational Expectations

Rentals: The awarded contractor shall provide and maintain sufficient self-propelled aquatic equipment to meet customer demand (see Section 2.2 for more details). The awarded contractor must provide each customer with a rental agreement, in a form approved by the City, that clearly states the terms and costs of the rental and any conditions that would create additional costs or liabilities to the renter (damages, late returns, etc.). Patrons shall be charged reasonable fees at competitive prices, at least consistent with similar goods and services for the services provided in the resulting contract, subject to City approval. Proposers shall submit a list of equipment to be available for rent as well as a fee schedule with their proposal (Appendix N). This inventory list and fee schedule will then be submitted annually to the City, and any change in fees, including new or modified fees, must be approved by the City in advance. The awarded contractor shall describe procedures for inspecting all equipment daily, prior to the commencement of any activities, and maintain a log of these inspections and any repairs.

Signage: The City’s awarded contractor shall publicly display a sign or signs at all fixed locations of operation. The type, size, and design shall be approved in advance by the

Department.

Business Operations: The hours of operation will be agreed upon by the awarded contractor and the City, which may be up to seven days per week, from dawn to dusk up to year-round. The awarded contractor, as a valued City partner and representative, will be expected to maintain a professional level of customer service and provide sufficient trained personnel necessary to safely supervise, operate and monitor their rental business in a safe, professional, clean, and efficient manner, and in compliance with U.S. Coast Guard safety standards and the City. A suitable cash collection and

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 8 management system, which retains sales information as to types and amounts of sales on at least a daily basis, will be used at sales points, and all customers shall be given receipts. The awarded contractor will be expected to procure and maintain a current

City Business License and report all sales made from the beaches as Long Beach sales for sales tax purposes. The awarded contractor shall pay a percentage of gross receipts to the City on a monthly basis, with an annual minimum amount to be established. It is important that the awarded contractor inform the City if they add any additional services following contract negotiations, as this may require an amendment to the contract.

Maintenance: The awarded contractor will be required to maintain the cleanliness of all public spaces within its operating footprint, and necessary equipment must be stored in the City-provided storage rooms and/or gated storage area(s). Equipment shall be regularly cleaned and disinfected to prevent the spread of illness per protocols established by the Long Beach Health Officer.

Parking: All rental concession locations are serviced by on-street parking and adjacent

City-owned parking lots. The City shall make available parking passes for approved contractor’s staff at a monthly rate to be determined.

2.1.2 Safety Program Expectations

The awarded contractor must develop and maintain a comprehensive rental safety orientation and training program as well as a rental emergency response plan.

The safety orientation and training must instruct all customers on at least the following:

• Description of the activity and the inherent dangers of the activity

• Safety precautions while underway and what to do in the event of an emergency or accident

• Proper use of the rental and safety equipment and proper fit of personal flotation device

• Policies and procedures established to ensure the safety of all participants and other beach and waterway users, as well as how to safely and respectfully navigate waterways

• Physical abilities necessary for participation in the water activity and physical limitations that may prevent participation

The awarded contractor must ensure that all patrons have the ability to swim, have the physical ability to participate in the activity, are properly attired for both the activity and the weather conditions, and that all patrons complete, acknowledge, understand, and abide by the above-mentioned safety training, ensuring they can safely operate all rental equipment, correctly use all safety gear, and appropriately navigate the

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 9 waterways. This safety orientation and training program shall be reviewed periodically by the City and amended or updated as deemed necessary by City personnel.

The awarded contractor shall provide customers with all related paraphernalia, including all safety gear deemed necessary for the safe operation of all equipment furnished for customers’ use. Required safety equipment shall include, but is not limited to, properly fitting U.S. Coast Guard-approved personal flotation devices, which must be worn by each participant at all times while on or in any watercraft. Participants are prohibited from being under the influence of drugs or alcohol, and the awarded contractor will be responsible for not allowing any participant(s) to participate when they know, suspect, or believe that those individuals are or may be under the influence of alcohol or drugs. The awarded contractor records each rental with times and dates and maintains records of these, along with waivers and incident/injury reports for a minimum of three years.

Proposals must include planned procedures in the case of lost or late-returning patrons and an emergency response plan.

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The contractor awarded under this RFP will be expected to achieve performance measures focused on safety, customer service, and partnership with the City.

Specifically, the awarded contractor should aim to: maintain a perfect safety record with zero incidents requiring emergency response related to the rental activity; service patrons as demand requires, anticipating that this may mean several hundred patrons during winter months or as many as 14,000 patrons or more during summer months;

submit payments to the City, along with a gross receipts statement, in a timely manner on a monthly basis; report on metrics as requested that may be made public and/or reported out to the Parks and Recreation Commission.

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. Safety Employ a robust safety training/orientation and safety response program.

Maintain a perfect safety record with zero incidents requiring emergency

All incidents, regardless of severity, will be reported to the City immediately.

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 10 response related to the rental activity.

Maintain professional qualifications, safety training, certifications, personnel records, safety plan, and rental emergency response plan.

Other documents related to safety will be provided when requested.

2. Personnel Have adequate and properly trained employees.

Adjust staffing to respond to the influx of summer patrons and the reduction of winter patrons.

Properly train employees on all activities to enforce all eligibility and safety requirements.

Staffing reports that include experience levels and trainings conducted.

3. Increase

Revenue Enhance services to attract a variety of patrons to increase revenue.

Year over year increase in rentals and/or revenue.

Regular reporting of revenue and customer volume.

4. Customer

Service Monitor customer satisfaction to ensure needs are met in a manner that reflects positively on the operator and City.

High customer satisfaction, return rate, and timely inquiry resolution.

Satisfaction (How are we doing?)

surveys and customer outreach to contract manager.

5. Partnership Maintain communication with the contract manager

Meet four times a year and as needed to discuss operations and upcoming events

Report summarizing operations and events.

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6. Payment Percentage of gross receipts and

Minimum Annual

Payment

Payment shall be received on the

20th of the month.

Contract Payment

Form.

2.2.2 Contract Management

The awarded contractor will work closely with Marine Bureau personnel to establish a successful operation that meets the contract goals and expectations. Also, the

Department will assign a contract manager to work with the awarded contractor to track progress, flag challenges, and design course corrections to achieve the contract’s goals. The awarded contractor can expect to meet annually with City staff or more frequently as needed or requested to review safety programming.

3 How We Choose

3.1 Minimum Qualifications

The awarded contractor must:

• Have at least three (3) years of continuous experience in the watercraft or aquatic sports equipment rental business, and provide related documentation and references.

• Present a comprehensive business plan and Pro-Forma of estimated net income

(Appendix P) outlining a strategy for growth, future financial needs, and projected revenues for a five-year period.

• Have and maintain all applicable insurance, licensing, and permitting required by the City to conduct the rental operation on City property.

• Demonstrate an ability to employ standard business practices and conduct business in a manner and at a level of service deemed acceptable to the City in the execution of the contract.

• Not have unresolved current or past contract non-compliance, non-performance, suspension, or termination; and contractor, its officers, and employees must not be currently debarred or suspended from doing business with the Federal Government, State of California, or a local government.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA

1. The extent to which minimum qualifications stated in Section 3.1 of this RFP have been met.

2. Prioritization of Safety

• Safety record for activities related to those listed in this RFP.

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• Professional qualifications, safety training, certifications, personal background, and resume(s) of the individuals who will provide service pursuant to this RFP.

• Evaluation of safety plan and rental emergency response plan.

3. Reasonableness of Cost

• Terms, conditions and pricing.

• Quality and value of services.

4. Organizational Capacity & Experience

• Depth of experience performing activities related to those listed in this RFP.

5. Method of Approach

• Willingness to be a collaborative partner with the City, its stakeholders, and its patrons.

• Willingness to uphold the Department’s commitment to racial equity and other priorities as described in the Strategic Plan for Long Beach Parks, Recreation and Marine.

6. Evaluation of business plan. See Section 4.2.

7. A determination that the proposer has submitted a complete and responsive proposal as required by all sections, terms, and conditions of this RFP.

3.3 Selection Process & Estimated Timelines

EVALUATION

STAGE ESTIMATED DATE DESCRIPTION

Evaluation of

Narrative & Cost

Proposals

August/September 2022 • 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 August/September 2022 • The City may interview or request demos from none, one, some or all Proposers.

Negotiation &

Contractor

Selection

September/October 2022 • 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

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 13

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

October 2022

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 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date June 27,

• There will be no pre-proposal meeting. By submitting a proposal, all proposers acknowledge that they have investigated the site(s) in the proposal and are satisfied with the expected conditions.

Questions due to the

City

July 12, 2022 by

11:00 AM

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

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Posting of the Q&A July 26, 2022 by

04:00 PM

• Responses to the questions will be posted on the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/v iew/login/login.xhtml

Proposals due August 09, 2022 by

11:00 AM

• Proposals should be submitted electronically via the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/v iew/login/login.xhtml

• 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 Long Beach Buys indicating that the proposal was submitted successfully. The City will only receive proposals that were transmitted successfully.

o Technical support is available by phone at (562) 570-6200 o Support resources including a list of

Frequently Asked Questions are available on Long Beach Buys at https://longbeachbuys.buyspeed.com

/bso/view/login/login.xhtml https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 15

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 below in Section

4.3.

PROPOSAL APPENDICES

☐ Contract

Payment Form

(Appendix M)

The Contract Payment Form must include:

• The proposed percentage of gross receipts that will be paid to the City for any and all services provided.

• The proposed Minimum Annual Payment.

• Any proposed annual or periodic increases to the Proposed percentage and Minimum Annual Amount.

☐ Fee Schedule

(Appendix N)

Proposers should list all proposed equipment, associated fee description, associated fee rate, and any other proposed charges to patrons.

☐ Financial

Stability

(Appendix O)

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 related earnings

☐ Business Plan and Pro Forma of Estimated

Net Income

(Appendix P)

Proposers should describe the effort and skills necessary to operate the business. The plan should describe in sufficient detail to allow the City to evaluate it fairly in relation to all other proposals with a minimum of possible misinterpretation. The business plan is a comprehensive description of the planned mode of operation and use of the premises with an emphasis on safety, service to the public, and cash controls. The plan must include, but not be limited to the following:

• Plan for operating the facilities and accomplishing the goals and objectives set forth in the RFP.

• Plan to safely offer quality products and service to the public.

• Organizational chart.

• Inventory control procedures.

• Listing of all proposed capital improvements, including estimated costs and time to complete.

• Equipment and furnishings to be provided.

• Marketing and promotion plan.

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• Pro Forma of Estimated Net Income detailing: Estimated gross revenue for 3 to 5 years of the operation; estimated operating costs for each year, including costs of goods, labor costs and other costs; estimated occupancy/contract payment costs; and estimated net operating income.

☐ 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

NON-MANDATORY ATTACHMENTS | The following are required for awarded

Contractors prior to contract execution. If possible, Proposers are encouraged to include this information as part of their proposal to expedite processing.

☐ C. W-9

☐ D. Business License

☐ E. Proof of Registration with Secretary of State

☐ Long Beach Buys | Ensure your organization’s Long Beach Buys profile is up to date, including an email address, phone number, and for any socioeconomic classifications you may qualify for.

THIS SECTION IS INTENIONALLY LEFT BLANK

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4.3 Narrative Proposal Template

Proposers should develop a narrative proposal that includes all of the following information.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Website

Federal Tax ID Number

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact

(Optional)

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

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 18

Long Beach? Why is your team the right one for this contract?

Who are your key staff? Please provide a name, title, and resume either as an attachment or provide a 1 paragraph description.

Does the proposal include subcontractors?

☐ Yes

☐ No

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 (if applicable)

Please provide this information 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

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 19

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 an overview of the safety training that will be provided to staff and the safety program that will be in place for patrons.

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 20

Method of Approach

1. Briefly summarize your proposal to provide the services described in this RFP, including type and amount of equipment; hours of operation; staffing levels;

staff supervision and training; maintenance of equipment and public spaces;

and other services specified. Discuss what steps your organization will take to ensure that you will be ready to start services in Summer 2022.

2. Provide concrete examples that illustrate your organization’s experience and expertise in providing the services described in this RFP.

3. How will you develop a safety program for staff and patrons? How will this program be implemented and assessed?

4. What added benefit will your business add to the waterfront and the Long

Beach community?

5. How will you ensure your rates remain competitive?

6. Outline what you will need from the City to successfully launch your operation.

7. Who are your competitors? What are some key factors related to being successful in your industry?

8. Who makes up your target audience? What are your target segments, buyer personas, and ideal customers?

9. Which channels and platforms will you use to market your business to your target audience?

Communications & Reporting

1. Describe which performance indicators and other criteria that will be used to routinely evaluate your business’s performance. How do you plan to track these measures of success and use this data for program management?

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

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

City to meet the objectives of the RFP.

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 21

4. Describe your organization’s financial accounting system and its capacity to administer the accounting requirements of this contract.

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.

6. Describe how your organization will actively work to identify and address performance concerns.

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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: Parks, Recreation and Marine / Marine Bureau

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.

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 any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

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4. The level and term of documentation required from the Proposer to satisfy the

City will be commensurate with the size and complexity of the contract and

Proposers should submit accordingly. If the information submitted by the

Proposer, or available from other sources, is insufficient to satisfy the City as to the

Proposer’s contractual responsibility, the City may request additional information from the Proposer or may deem the proposal non-responsive.

5. The City reserves the right to waive informalities and minor irregularities in proposals received.

6. The City reserves the right to reject any or all proposals received prior to contract award.

7. The City’s determination of the Proposer’s responsibility, for the purposes of this

RFP, shall be final.

8. Unless otherwise specified, the City prefers to award to a single Contractor but reserves the right to award contracts to multiple contractors.

9. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City of Long Beach after all factors have been evaluated.

10. 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.

11. 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.

12. Alterations, modifications or variations to a proposal may not be considered unless authorized by the RFP or by addendum or amendment.

13. 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.

14. Proposals may be withdrawn by written notice received prior to the proposal opening time.

15. 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.

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16. 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.

17. 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.

18. 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.

19. Proposal will become public record after the award of a contract 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 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.

20. 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.

21. 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.

22. Each Proposer must 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.

23. 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

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 25 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.

24. 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 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.

25. 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.

26. Any contract resulting from this RFP shall not be effective unless and until approved by the City Council / City Manager, as applicable.

27. The City will not be liable for Federal, State, or Local excise taxes.

28. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including, without limitation, the Attachment

B contract form and all terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

29. 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.

30. Proposals shall be kept confidential until a contract is awarded.

31. 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.

32. 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.

Proposers shall refer to Attachment G for further information regarding the

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 26 requirements of the ordinance. If Attachment G is not present in the RFP, the

Equal Benefits Ordinance does not apply to this procurement.

33. 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.

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.

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

Aquatic Equipment Rental Contractor | RFP PR-22-084 | Template v6.9.21 | 27 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) Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Project’s 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 Contractor, its officers, employees, agents, subcontractors, or anyone under Contractor’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

6. In addition to Contractor’s duty to indemnify, Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at 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 Contractor shall be required for the duty to defend to arise.

City shall notify Contractor of any Claim, shall tender the defense of the Claim to

Contractor, and shall assist 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, 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. If the Contractor elects to use subcontractors, Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Contractor.

9. If the Contractor elects to use subcontractors, the Contractor shall not allow any subcontractor to commence work until all insurance required of subcontractor is obtained.

10. The provisions of this Section shall survive the expiration or termination of this

Contract.

11. [PUBLIC WORKS OF IMPROVEMENT ONLY: Contractor agrees…