Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25 | 1

City of

Long Beach Request for Proposals RFP PR-26-681

Kiteboarding Instruction Provider

Kiteboarding Instruction Provider | RFP PR-26-681 |

Template v3.14.25 | 1

Overview

Summary

The City of Long Beach’s Parks, Recreation and

Marine Department (Department) is seeking proposals from qualified commercial operators to provide certified kiteboarding instruction.

Key Dates

Release Date: 05/14/26

Questions Due to the City: 11:00AM, 05/28/26

Proposals Due: 11:00AM, 06/25/26

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 3.

Proposals must be submitted electronically via

LongBeachBuys.com.

Official Contact

Tommy Ryan rfppurchasing@longbeach.gov

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

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

file:///C:/Users/regraff/Documents/longbeachbuys.com mailto:rfppurchasing@longbeach.gov

Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25

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

Customer Service Form rfppurchasing@longbeach.gov

(562) 570-6200

Additional support available for small businesses in Long Beach

BizCare

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

562-570-4BIZ (4249)

4Biz@longbeach.gov

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

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Template v3.14.25 | 3

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

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

5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The City of Long Beach’s (City) Parks Recreation and Marine Department (Department) is seeking proposals from qualified commercial operators to provide certified kiteboarding instruction. The City is looking for operators that will maintain the highest safety standards while providing customer-focused, year-round kiteboarding instruction to support this increasingly popular sport and enhance the public’s use of the City’s renowned shoreline.

1.2 Background

Located along the coast at the southernmost end of Los Angeles County, the City of Long

Beach covers an area of 80 square miles and is home to about 470,000 residents. 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 offers recreational programming and strives to meet the needs and interests of the City’s culturally diverse population. The Department is responsible for 170 parks, more than 3,200 acres devoted to open space and recreation, 27 community centers, 3 public pools, 6 miles of beaches, and three marinas. For more information about the

Department, visit http://longbeach.gov/park.

The Department is guided by the recently adopted Parks Make Long Beach: PRM Strategic

Plan (Strategic Plan) that will lead the operational, staffing, and budget decisions from 2022 to 2032. The Strategic Plan serves as a tool to adapt park services as community needs change and evolve. This may include re-purposing existing recreational uses to accommodate interest in new activities, especially where facilities may be inadequate to meet demand. The Department is also committed to providing opportunities and access to recreational activities and open space to address park inequity in the City.

More information about the Parks Make Long Beach: Strategic Plan 2022-2032 can be found at https://www.longbeach.gov/globalassets/park/media-library/documents/business-operations/about/strategic-plan-summary/22-0118-prm-strategic-plan-final. The City’s

Initial Report on a Framework for Reconciliation can be found at https://longbeach.gov/globalassets/health/media-library/documents/healthy-living/office-of-equity/reconciliation/report-racial-equity-and-reconciliation-intiative and the City’s

Equity Toolkit for City Leaders and Staff is available at https://www.longbeach.gov/globalassets/health/media-library/documents/healthy-living/office-of-equity/city-of-long-beach-office-of-equity-toolkit http://longbeach.gov/park 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://longbeach.gov/globalassets/health/media-library/documents/healthy-living/office-of-equity/reconciliation/report-racial-equity-and-reconciliation-intiative https://longbeach.gov/globalassets/health/media-library/documents/healthy-living/office-of-equity/reconciliation/report-racial-equity-and-reconciliation-intiative https://www.longbeach.gov/globalassets/health/media-library/documents/healthy-living/office-of-equity/city-of-long-beach-office-of-equity-toolkit https://www.longbeach.gov/globalassets/health/media-library/documents/healthy-living/office-of-equity/city-of-long-beach-office-of-equity-toolkit

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Long Beach’s waterfront welcomes upwards of 15 million visitors a year. 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.

In 2015, the California Coastal Commission authorized Coastal Development Permit No. 5-

14-0017 (Coastal Permit) for the establishment of a designated kiteboarding lesson area, kiteboarding beach launch/exit area, and three commercial kiteboarding vendor locations on the beach between Claremont and La Verne Avenues. The

Commission has since approved Coastal Development Permit No. 5-14-0017-A2, which allows the City to add a fourth kiteboarding vendor (Appendix 1). Through this RFP, the

City seeks to select one additional private commercial operator and issue a permit to operate a kiteboarding concession offering kiteboard and/or paddleboard instruction and related equipment rentals, consistent with the terms of the Coastal Permit. The

Awarded Permittee will also be required to comply with the City of Long Beach

Kiteboarding Guidelines and maintain qualifications as an International Kiteboarding

Organization (IKO)-certified Center for the duration of the Permit term.

1.3 Goals

The objective of this RFP is to promote and elevate the increasingly popular sport of kiteboarding on the City’s beaches for residents and visitors. The City seeks to better facilitate and regulate this activity by contracting with one experienced and well-qualified private kiteboarding instructor to provide kiteboarding instruction in the designated permitted area. The Awarded Permittee will provide high-quality instruction and maintain exceptional safety standards at all times.

1.4 Award Terms

This contract will be for an initial term of 18 months with the option to renew for one additional three-year period. The total contract term will not exceed five years. This total contract term is structured to be co-terminus with the contract expiration dates of existing operators holding similar permits, which were originally issued with an initial term of three years, in order to maintain consistency and equitable administration across comparable operations.

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2 Scope of Work

2.1 Description of Services

The City will issue a Permit to one certified, private commercial operator to provide kiteboarding instruction on designated areas of the City’s beach. The Awarded Permittee will be responsible for providing all equipment and safety gear necessary. Permitted operating hours will be up to seven days per week, from dawn to dusk up to year-round, as proposed by the operators and approved by the Department.

Awarded Permittee shall be certified as a kiteboarding center by the International

Kiteboarding Organization (IKO) and will adhere to the IKO Center Standards

(Appendix 2) at all times and without exception. Proof of IKO Center certification will be required by the second year of the Permit. Awarded Permittees shall procure and maintain a City of Long Beach business license. Awarded Permittee shall be required to adhere to the City’s Kiteboarding Guidelines (Appendix 3) at all times.

Awarded Permittee will be allowed to establish a daily physical location, as shown on Fig. 1

(Appendix 4), which may include temporary shade structures, such as tent, tarpaulins, or canopies, upon approval of the Department. All structures and equipment are to be removed daily and no physical property left on the beach or beach parking lots overnight.

Awarded Permittee may be allowed to park one (1) vehicle on the Claremont Launch Ramp or in the Claremont or LaVerne parking lots. The vehicles are authorized to remain on the launch ramp for vendor set-up and take-down only. The vehicle shall not be allowed to impede any Launch Ramp activity, or otherwise interfere with any of the City’s beach operations, including special events. In addition, Awarded Permittee’s vehicle shall only be allowed to park in the aforementioned areas during operating hours.

For safety purposes and to assist the Department with verification of Permit compliance, each Awarded Permittee will supply and outfit their staff in matching uniforms to effectively differentiate themselves from one another. Also, instructors will need to have their name, the title “Instructor,” and their associated kiteboarding school identified on their uniform.

Any changes in uniform will need to be brought to the attention of the Department.

APPENDICES

Appendix 1: Coastal Development Permit No. 5-14-0017-A2

Appendix 2: International Kiteboarding Organization (IKO) Center Standards

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Appendix 3: City of Long Beach Kiteboarding Guidelines

Appendix 4: Figure 1: Premises Map

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. Safety Have a well-developed safety plan to cover various types of activities, including safety training and response program.

Maintain a perfect safety record with zero incidents requiring emergency response to the permitted area.

Correct safety deficiencies and violations of safety practices immediately.

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

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

Awarded Permittees will cooperate with the City in the investigation of incidents.

Other documents related to safety procedures will be provided when requested.

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2. Personnel Have adequate and properly trained employees.

Ensure instructors and staff are easily identifiable as associated with

Awarded Permittee.

Properly train employees on all equipment and activities they will be engaged in.

All instructors and staff will wear the uniform of the

Awarded Permittee school in the color to be designated.

Instructors’ uniforms will clearly identify them as such and include first name and school name.

Staffing reports that include experience levels and trainings conducted.

Report summarizing operations provided annually or upon request.

Proof of IKO Center certification will be provided by the second year of the

Permit.

3. Partnership Maintain communication with the contract manager; maintain professional working relationships with other Awarded

Permittees and other City staff, including lifeguards and Marine Safety

Officers.

Meet upon request as needed to discuss operations and upcoming events.

Report summarizing operations provided annually or upon request.

4. Customer

Service

Monitor customer satisfaction to ensure needs are met in a manner that reflects positively on the

Awarded

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

Satisfaction (How are we doing?)

surveys and customer outreach to contract manager.

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Permittees and the

City.

5. Payment Annual Permit

Payment.

Payment shall be received by the date due as indicated on invoice.

2.2.2 Contract Management

The Awarded Permittee will work closely with the Department to establish operational guidelines that meet the contract goals and expectations. Also, the Department will assign a contract manager to work with the Awarded Permittee to track progress, flag challenges, and design course corrections to achieve the contract’s goals. The Awarded Permittee can expect to meet annually with Department staff or more frequently as needed or requested to discuss operations.

2.2.3 Contract Payment

The Awarded Permittee shall pay an annual Permit Fee of $4,000. The fee is due upon commencement of the Permit and on each anniversary date thereafter for the full term of the Permit, including any approved extensions.How We Choose

2.3 Minimum Qualifications

The Awarded Permittee must:

• Have at least three (3) years of continuous experience in providing certified kiteboarding instruction.

• Provide proof that the head instructor is at least qualified as an IKO Instructor Level 2.

• Commit to following the IKO Center Standards (Appendix 2), which require the head instructor to have passed the Head Instructor course. Awarded Permittee will have up to

12 months to fulfill this requirement and show proof of being an IKO-affiliated school.

• Have and maintain all applicable insurance, licensing, and permitting required by the

City to provide kiteboarding instruction 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. The Permittee, its officers, and employees must not be

Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25 | 10 currently debarred or suspended from doing business with the Federal Government, State of California, or a local government.

2.4 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrated competence and depth of experience performing activities related to those listed in this RFP.

• Ability to engage with a variety of groups.

• Expertise and availability of key personnel.

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

25%

2. Prioritization of Safety

• Evidence of an effective safety plan and emergency response plan.

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

25%

3. Method of Approach

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

• Willingness to uphold the Department’s commitment to racial equity and other priorities as described in the Parks Make Long Beach; PRM

Strategic Plan .

• Willingness to participate in branding/visibility program to ensure all school personnel are easily identifiable on sight.

• Adherence to the International Kiteboarding Organization (IKO) Center

Standards at all times.

• Innovativeness to attract and retain clients.

25%

4. Communications & Reporting

• Reporting of up-to-date personnel roster of staff associated with

Awarded Permittee.

15%

5. Reasonableness of Cost

• Pricing.

• Quality and value of services.

10%

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2.5 Local Preference

• 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.

3 Proposal Instructions & Content

3.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date 05/14/26 • There will be no pre-proposal meeting. By submitting a proposal, all proposers acknowledge that they have investigated the site in the RFP and are satisfied with the expected conditions.

Questions due to the

City

11:00 AM

05/28/26

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

Posting of the Q&A 06/11/26 • Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

06/25/26

• 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.

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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Evaluation of Narrative

Proposals

July 2026 • An Evaluation Committee will review Narrative

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 July 2026 • The City anticipates conducting interviews as part of the evaluation process. The City may interview none, one, some, or all of the

Proposers. The City may interview or request demos from none, one, some, or all of the

Proposers.

Negotiation &

Contractor Selection

July / Aug

• Awarded Permittee) 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

Aug /Sept

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.

3.2 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

Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25 | 13 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.

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

Business Plan and Pro Forma of Estimated Net

Income

Proposers should describe the effort and skills necessary to provide certified kiteboarding instruction. 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 permitted area with an emphasis on safety, service to the public, and cash controls.

The plan should include, but not be limited, to the following:

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

• Plan to offer quality instruction, equipment, and related services to the public.

• Types and descriptions of services or programs proposed.

• Proposed staffing plan and approach to scheduling.

Financial

• 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.

Start-Up Strategy

• Proposed plan for establishing and maintaining positive relationships with kiteboarding community and City departments.

• Customer service plan.

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• Proposed reservation/point-of-sale system and related equipment.

• Proposed marketing plan.

• Proposed written revenue handling procedures and policies.

• Proposed written safety procedures and policies.

Other information, as relevant, to assist the City in evaluating the business plan.

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 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

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.

☐ C. W-9

☐ D. Business License

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

☐ F. Certificates of Insurance

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

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

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

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

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3.3 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. Why is your firm the right one for this contract?

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

Please provide an overview for how the kiteboarding school will be staffed, including titles and job descriptions.

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

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Project Manager

Phone Number

Project Description

Reference 4

Project Manager

Phone Number

Project Description

Reference 5

Project Manager

Phone Number

Project Description

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SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

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

Organization Company Name

Company Address

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Which specific requirements of this RFP will the subcontractor perform?

Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

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

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

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

Beach?

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

Method of Approach

1. Briefly summarize your proposal to provide the services described in this RFP, including type and amount of instruction; 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 2026.

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 clients? How will this program be implemented and assessed? What professional qualifications, safety training, and other capabilities can be demonstrated by the individual(s) who will provide service pursuant to this RFP?

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 makes up your target audience? What are your target segments and ideal patrons?

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

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

10. If applicable, describe any charity or non-profit programs or activities related to your business.

11. Describe how and with what frequency you will provide personnel rosters to the

Department for verification of associated instructors.

12. Describe how you will ensure instructors associated with your certified school will be identifiable on sight to the public and City personnel.

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 and how instructors will be evaluated.

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

City to meet the objectives of the RFP.

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

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

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4 Terms & Conditions

4.1 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, Parks, Recreation and Marine Department

/ Partnerships 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.

11. IKO: International Kiteboarding Organization.

4.2 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.

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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.

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, Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25 | 22 lease purchase agreements and the Proposer’s standard contract language. The omission of these documents may render a proposal non-responsive.

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.

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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 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 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

Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25 | 24 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.

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

Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25 | 25 documentation verifying that the benefits are provided equally shall be required if the proposer is selected for award of a contract.

35. Independent contractors or employees of a third-party employer who are CalPERS retirees are subject to provisions of the Government Code. A CalPERS retiree is an employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS 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.

4.3 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. Concurrent with the execution of this Contract and in partial performance of Contractor’s obligations hereunder, Contractor shall procure and maintain at Contractor’s expense for the duration of this Contract, including any extensions, renewals, or holding over thereof, the following insurance coverages from insurance companies that are admitted to write insurance in the State of

California or from authorized nonadmitted insurers that have ratings of or equivalent to an A:VIII by A.M. Best and Company:

a. Commercial General Liability insurance equivalent in coverage scope to ISO form CG 00 01 10 93 in an amount not less than One Million Dollars

($1,000,000) per occurrence and Two Million Dollar ($2,000,000) in aggregate providing coverage 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 activities performed by or on behalf of Contractor and for Contractor’s operations or work under or in connection with this mailto:membership_reporting@calpers.ca.gov

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Contract. Such insurance shall include, as may be applicable to Contractor’s operations under or in connection with this Contract, broad form contractual liability, and products and completed operations liability, shall include, as applicable to Contractor’s and its subcontractors’ operations under or in connection with this Contract. The City of Long Beach, its officials, employees and agents shall be added as additional insureds by endorsement equivalent in coverage scope to ISO form CG 20 26 11 85. This insurance shall contain no special limitations on the scope of protection afforded to City, its officials, employees and agents, and shall provide cross-liability protection.

b. Workers’ compensation coverage as required by the Labor Code of the State of California and to include, only as applicable, United States Longshoremen and Harbor Workers’ Compensation Act coverage and Jones’ Act coverage and

Employer’s liability insurance with minimum limits of One Million Dollars (US

$1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long

Beach and its insurers, officials, employees, and agents.

c. Only 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. Only if applicable to Contractor or for Contractor’s operations or work under, on, or in connection with this Contract, the following insurance coverages shall apply:

i. If alcohol is sold or served, liquor liability with limits of One Million Dollars

($1,000,000) per occurrence,

ii. If instruction of minors or other services wherein adults might be alone with unrelated minors are included, general liability limits are increased to $2,000,000/$4,000,000 and the general liability shall not exclude coverage for abuse and molestation (this insurance shall name the City of Long Beach, its officials, employees and agents additional insureds),

iii. If pyrotechnics are permitted, pyrotechnic liability with limits of Five

Million Dollars ($5,000,000) per occurrence (this insurance shall name the

City of Long Beach, its officials, employees and agents additional insureds), Kiteboarding Instruction Provider | RFP PR-26-681 | Template v3.14.25 | 27

iv. If use of unmanned aerial systems (UASs or drones) are permitted, drone aircraft liability with limits of Five Million Dollars ($5,000,000) per occurrence (this insurance shall name the City of Long Beach, its officials, employees and agents additional insureds), and

v. If use of any boats or rental of boats exceeding 25 feet in length is allowed under or in connection with the Contract, marine liability with limits of

One Million Dollars ($1,000,000) per Occurrence (this insurance shall name the City of Long Beach, its officials, employees and agents additional insureds).

e. “All Risk” property insurance in an amount sufficient to cover the full replacement value of Contractor’s personal property and equipment on the

Premises.

Any self-insurance program or self-insured retention must be approved separately in writing by City and shall protect the City of Long Beach, 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, materially changed, or canceled by either party except after thirty

(30) days prior written notice to City, and shall be primary to City. Any insurance or self-insurance maintained by City shall be excess to and shall not contribute to insurance or self-insurance maintained by Contractor.

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

Contractor shall deliver to City certificates of insurance and the required endorsements for approval as to sufficiency and form prior to commencement of this Contract. 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. Contractor shall, at least thirty (30) days prior to expiration of such policies, furnish City with evidence of renewals. City reserves the right to require complete certified copies of all said policies at any time.

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