AS-NEEDED LITTER & ENCAMPMENT ABATEMENT | RFP - PW-25-525 | Template v11.30.23

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City of

Long Beach Request for Proposals RFP PW-25-525

AS-NEEDED LITTER & ENCAMPMENT ABATEMENT

AS-NEEDED LITTER & ENCAMPMENT ABATEMENT | RFP -

PW-25-525 | Template v11.30.23 | 1

Overview

Summary

The City of Long Beach (City), Department of Public

Works (Department), Public Service Bureau (PSB) is soliciting proposals for AS-NEEDED LITTER &

ENCAMPMENT ABATEMENT from qualified firms that practice a culturally sensitive and humane approach to encampment abatement of people experiencing homelessness (PEH) and for litter abatement services in the public right of way (ROW).

Key Dates

Release Date: March 13, 2025

Optional Pre-Proposal Meeting: 11:00 AM (PST), March 26, 2025

Questions Due to the City: 11:00 AM (PST), April 3, Proposals Due: 11:00 AM (PST), May 1, 2025

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

Proposal Information

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

Proposals must be submitted electronically via

LongBeachBuys.com.

PW-25-525 | Template v11.30.23 | 2

Official Contact

Elisa Landeros rfppurchasing@longbeach.gov

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

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 mailto:rfppurchasing@longbeach.gov 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/

PW-25-525 | Template v11.30.23 | 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

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Local Preference

4 Proposal Instructions & Content

4.1 Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Additional Requirements

5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The City of Long Beach (City), Department of Public Works (Department), is soliciting proposals for encampment and litter abatement in the public right of way (ROW) for encampments of people experiencing homelessness (PEH).

Contractual services are needed to assist the Department to provide as-needed encampment and litter abatement services to protect the safety and well-being of our communities by collecting, organizing and removing trash and personal belongings, bio-hazardous and waste material and other dumped or abandoned large items in the ROW.

The Awarded Contractor shall practice a culturally sensitive and humane approach with personnel and shall be properly trained in the trauma-informed guiding principles, upon contract award, by City staff or representative.

1.2 Background

The PSB Clean Team Division (Clean Team) oversees litter and encampment abatement

Citywide, and seeks to protect the safety and well-being of our communities by safely removing and disposing bio-hazardous and waste material in the ROW. Using a professional and ethical contractor with a proven record of demonstrated ability for efficient and humane encampment abatement will have a positive impact on the safety and well-being of our communities.

In 2023, the City Council approved a local emergency declaration on homelessness. In 2023 and 2024, the Clean Team reported 3,149 encampment cleanups (1,430 and 1,719, respectively). In 2024, from the 1,719 encampment cleanups, 1076.8 tons of illegally dumped/abandoned items were safely removed and disposed of by the Clean Team. In

September 2024, the Clean Team removed 394 encampments in the ROW, picked up 13,268 illegally dumped items and collected 1,322 mattresses.

The City is seeking to protect the safety and well-being of our communities through this procurement.

1.3 Goals

The goals of the service provided by this RFP include:

• Achieving safety for our communities.

• Efficient waste management services to provide litter and encampment abatement in the ROW.

• Safely removing illegally dumped and abandoned items/trash/debris in the ROW.

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• Culturally sensitive and respectful interactions with PEH during encampment abatement services.

• Consistent collection and bagging practice of abandoned items and personal belongings of PEH in the ROW.

1.4 Award Terms

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

2 Scope of Work

2.1 Description of Services

The awarded contractor shall provide as-needed encampment and litter abatement services in the ROW, in alleyways and corridors, and collecting and disposing of bio-hazardous and waste material, and other illegally dumped items or abandoned large items, and collecting, organizing and bagging personal belongings of PEH.

1. Notification: A Department representative will notify the awarded contractor daily of clean-up schedule and assignment areas; the City shall post removal notices 48 hours prior to PEH encampment abatement cleanup.

2. Work Schedule: Once notified, the awarded contractor will schedule an encampment collections work crew daily. The Department anticipates clean-ups to occur daily;

however, this may decrease based on the City’s needs. All work shall take place between 7:00am – 5:00pm.

3. Assigned Work Crew: The awarded contractor’s response should consist of at least two staff members who are scheduled to the site assignment area. Multiple sites may be scheduled for clean-up on the same day based on the size or location of the site(s), level of clean-up required and Contractor and City availability.

4. Work Assignment: Upon arrival, Contractor staff tasks include, but are not limited to:

• Take photo documentation of the assignment area prior to clean-up.

• If a PEH is taken into custody during the cleanup: Identify personal items, then place personal items in a bag that is tagged with the date and location (ROW address) where the personal items were removed from.

o Bagged/tagged items will be turned over to the City representative and taken to a City-designated storage location by a City representative.

• Identify litter, large items and other dumped waste material, then properly remove these items, transport in contractor’s trash vehicle (flatbed and/or pickup truck) and dispose of them in a waste bin provided by the City at Chester Place.

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All bio-hazardous materials found shall be appropriately collected and delivered to a designated location.

o Waste items will be taken and disposed of by the City.

o The waste bin shall be large enough to collect all trash and may require numerous trips for disposal. There is no requirement for recycling.

• Take photo documentation of the assignment area after clean-up.

5. Safety Precautions: Contractor staff are required to wear proper personal protective equipment (PPE) at all times while on City property, including but not limited to, gloves, coveralls, and eye protection. Any Contractor staff not wearing proper PPE, as determined by the City’s representative, will be dismissed for the day, at no cost to the City.

6. Interaction with PEH: It is common for PEH to spend time in areas in the ROW and in

City parks. Posted removal notices are intended to communicate when clean-ups will occur, but in some cases, PEH may still be present at the assignment area(s), even after the posted removal notice. City Staff will coordinate with Long Beach Police

Department to ensure the safety of the PEH, City and Contractor staff, and the public.

In this instance, Contractor staff should treat PEH and their service animals or pets with dignity utilizing a safe and respectful approach.

7. Concluding the Work Assignment: Each clean-up will be initiated by a Department work order. The awarded contractor’s services will be finished when the City representative closes the Work Order, which will require the awarded contractor to submit an invoice for the work accompanied by the following required attachments:

• Before and after photo documentation demonstrating a clean assigned area.

• Debris tonnage receipts shall also be attached to the corresponding invoice. The

City shall legally dispose of all debris off site.

• Closing out a work assignment will require regular communication with the City representative.

APPENDICES

Exhibit A: City Map with Parks

Exhibit B: Pro Forma Agreement

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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. Debris removed as requested

Contractor is responsible to remove all debris from the post site.

Contact City representative when each cleanup is complete.

Pictures before and after each clean-up -

City Work Order documentation

2. Number of clean-ups, ROW address, tonnage and number

Contractor hours

Contractor is responsible to include number of hours at each site and tonnage receipts after each dump.

Tracking of each clean-up, site, hours and tonnage throughout the duration of the contract

Contractor invoices and City Work Order documentation

3. Contractor staff compliance

Number of issues or incidents per year where Contractor staff are not in compliance with expectations of the contract

City representatives report zero issues with Contractor staff compliance

City representative reports

4. PPE Expectations Provide PPE to contract employees

All contractor/vendor employees have proper PPE

City Work Order will include information of misuse PPE.

2.2.2 Contract Management

The City will provide a designated City Project Manager who will act as the City’s representative. The contractor shall work directly with the City representative in

| 8 coordination with site cleanups. On a quarterly basis, the contractor and City representative(s) shall meet to discuss progress and monitor metrics. Contractor shall designate a representative with reachable email and phone number so that City staff can schedule quarterly meetings.

The City will designate a representative with reachable email and phone number and will manage the contract and facilitate quarterly meetings. The City will also designate an on-site representative who will be present at each assignment site during scheduled clean-ups.

2.2.3 Contract Payment

The City of Long Beach issues payment based upon services rendered. After a contract is finalized and work is performed, the Contractor should invoice the City. The City will remit payment within 30 calendar days of being billed. Invoices should be submitted weekly after deliverables are completed and must include the following information:

• Photo documentation of the site, before and after service

• Staff hours worked

• Purchase Order number

2.3 Labor Compliance

All phases of area restoration will require compliance with all federal, state, and City of Long

Beach municipal statutes and laws, and subject to prevailing wage guidelines.

Refer to the Department of Industrial Relations (DIR) of the State of California website, http://www.dir.ca.gov/dlsr for prevailing wages and additional information and Section 5.3.

3 How We Choose

3.1 Minimum Qualifications

The following are the minimum qualifications for Proposers:

• Qualification to conduct business in the City

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

• Financially stable as described in Section 4

The following are the preferred qualifications for Proposers:

• No previous terminations of government or municipal contract

• Minimum three (3) years performing Litter Abatement and Encampment Abatement services (see services detailed in section 2.1 Scope of Services) for:

o Public Projects http://www.dir.ca.gov/dlsr

| 9 o Large encampments (any site with 4 or more temporary encampments) o Large vehicle with the capability of hauling large items (e.g. dump truck, flat bed, etc.) and ability to access assigned clean up areas in ROW. The vehicle should be able to handle 20 cubic yds

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrated competence and efficiency with large encampment abatement

• Ability to respond to work assignments at 48 hours’ notice

• Outlines the expertise, experience, and availability of key personnel and operational equipment in a manner that will likely ensure successful service delivery

• Full compliance with required trauma-informed training for all staff

30%

2. Method of Approach

• Demonstrated understanding of the requirements to successfully deliver the scope of services defined in section 2.1:

o Proposed number of staff o Proposed type of equipment o Proposed trash vehicle (flatbed and/or pickup truck)

• Outlines any innovative approaches or technologies the firm will utilize to efficiently and effectively solve any potential issue o Risk Management: mitigate, de-escalate

40%

3. Communications & Reporting

• Demonstrated processes required to exchange information in a clear and understandable manner

• Monthly Reporting

• Metrics/Picture Reporting

• Weekly itemized costs of labor, equipment, and materials

• Weekly tonnage receipts

20%

4. Reasonableness of Cost 10%

3.3 Local Preference

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

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

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

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

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

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

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date March 13, OPTIONAL Pre-proposal Meeting

11:00 AM

(PST)

March 26, Microsoft Teams: Join the meeting now

• Meeting ID: 227 891 123 58

• Passcode: Tm3qU7UV

• Dail in by phone:

• +1 213 279 1690

• Phone conference ID: 441 570 516#

• Objective of the meeting:

o Provide a general overview and explain the scope of services.

o Allow for unofficial general questions and answers. Answers will be issued to all prospective Proposers via an addendum only to written questions received by the deadline for questions.

Questions due to the

City

11:00 AM

(PST),

April 3,

• Submit all inquiries via email to rfppurchasing@longbeach.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjBiNTA5NzEtOWY5Ni00MGY4LTk5OTktMTUxNDA2NmM1Zjk1%40thread.v2/0?context=%7b%22Tid%22%3a%22313f11c3-4268-4f6a-8d3b-c7e650183e78%22%2c%22Oid%22%3a%22acf3fd99-8fcc-4072-9e47-bf2d7e57e200%22%7d mailto:rfppurchasing@longbeach.gov

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Posting of the Q&A April 17,

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST),

May 1,

• Proposals should be submitted electronically via LongBeachBuys.com.

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

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

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

The City will only receive proposals that were transmitted successfully.

o For technical support, email or call the

City during normal business hours at

LBPurchasing@longbeach.gov or (562)

570-6200.

Evaluation of Narrative

& Cost Proposals

May 2025 • 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 TBD • The City may interview none, one, some or all

Proposers, if necessary to fully understand and compare the Proposers’ capabilities and qualifications.

Negotiation &

Contractor Selection

TBD • Selected Contractor(s) will be notified in writing.

• Any award is contingent upon the successful negotiation of final contract terms. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

• Selected Contractor(s) shall provide the required Certificate of Insurance.

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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• Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached.

Estimated Contract

Execution

TBD

Proposer Debrief After

Contractor is Selected

• Successful and unsuccessful Proposers are encouraged to request phone call or in person meeting with the City to discuss the strengths and weaknesses of their proposal. The intent of the debrief is to provide the Proposer with constructive feedback to equip them with information to effectively meet the City’s needs and be successful in future proposals.

4.2 Proposal Content

Complete proposals will include the following. Proposers are encouraged to use this table as a checklist to ensure all components are included in their proposal.

PROPOSAL

☐ Narrative

Proposal

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

☐ Cost Proposal The Cost Proposal should be prepared as follows:

• Format: Excel Spreadsheet

• Itemization: Labor and equipment

• Time Period: 8-hour day on a weekly basis

PROPOSAL APPENDICES

☐ Financial

Stability

Proposers should include one or more of the following financial statements to provide the City with enough information to determine financial stability of the Proposer and subcontractor.

• Financial Statement or Annual Report

• Business tax return

• Statement of income and balance sheet

☐ Other Addenda

(if applicable)

Colored displays, promotional materials, and other collateral are not necessary or desired. However, if a complete response cannot be provided without referencing supporting documentation, it may be provided as an addendum clearly cited in the Narrative or Cost Proposal.

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MANDATORY ATTACHMENTS | The following are included as Attachments in Long

Beach Buys. They must be signed by the individual legally authorized to bind the

Proposer.

☐ A. Authorization & Certification

☐ B. Equal Benefits Ordinance (EBO) Form

☐ C. Proof of registration with the California Department of Industrial Relations

☐ D. Attestation Form - CARB

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

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

☐ E. W-9

☐ F. Business License

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

☐ H. Certificates of Insurance (see Section 5.3 Contract Terms and Conditions)

☐ I. Current Contractor’s State License Board print out

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

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

4.3 Narrative Proposal Template

Proposers should develop a narrative proposal that is not more than 25 pages and includes all of the following information. Recommendation: draft responses in a Word Document.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID Number

DIR Number

Website

Authorized

Representative

Name

Title

Email Address

Phone Number

Name

Title

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Other Point of

Contact (if required)

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 _________________________________

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

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

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

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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.

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

Beach?

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

Organizational Capacity & Experience

1. Describe why your organization is qualified to provide the services described in this

RFP by providing 2 to 4 detailed examples of your organization’s successful implementation of both small and large projects of Litter Abatement and

Encampment Abatement (limit your response to 1-2 paragraphs per example).

2. Provide a detailed description of how all equipment and/or services will be used to meet the requirements of this RFP, along with additional information documents/images, appropriately identified.

3. Describe the organizational and management structure of your organization. In addition, provide the number of personnel including employees, interns, members and volunteers. Please include the number of employees that reside in Long Beach, if any.

Method of Approach

1. Describe your approach on how your organization will implement the required tasks referenced in section 2.1 Scope of Services as they relate to proposed:

• Number of staff

• Type of equipment

• Trash vehicle (flatbed and/or pickup truck)

2. Describe your logic model on how your organization will achieve target goals referenced in section 2.1 Scope of Services as they relate to:

• Response time to work order(s).

• Work quality and type of equipment: removing litter and encampments so that access to ROW is safely and efficiently restored.

3. Evaluate your organization’s ability to mitigate risks in the service area. In addition, include your organization’s safety standards, and protocols that address those referenced in section 2.1 Scope of Services, including:

• Safety protocols (protection of staff, residents, property and the work area).

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• Describe your organization’s experience working with vulnerable populations and diverse communities, and your demonstrated understanding of systemic racism.

4. Describe what your organization will need from the City to successfully implement the contract.

Communications & Reporting

1. Describe how your organization will track and evaluate the effectiveness of each work order processed of each event, including:

•Monthly Reporting

•Information/Picture Reporting

•Weekly itemized costs of labor, equipment, and materials

•Weekly tonnage receipts

2. What innovative practices does your organization currently use or recommend to consistently achieve the service quality goal of removing litter and encampments so that access to ROW is safely and efficiently restored?

3. Describe your organization’s capacity to successfully collaborate with community partnerships, residents, and stakeholders. Include which de-escalation techniques/strategies your organization and staff currently practice, if any.

4. The City requires that the Awarded Contractor provide proof of payment of any subcontractors used for this project. If the proposal includes subcontractors, please describe the plan for how the City will be notified of such payments.

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5 Terms & Conditions

5.1 Acronyms/Definitions

1. Awarded Contractor: The organization/individual that is awarded a contract with the

City of Long Beach, California for the services identified in this RFP.

2. Biohazard: Biological or chemical substances dangerous to humans, animals, or the environment.

3. Bulky Items: Items too large to fit into a normal refuse container, including, but not limited, to furniture, appliances, etc.

4. City: The City of Long Beach and any department or agency identified herein.

5. Contractor / Proposer: Organization/individual submitting a proposal in response to this RFP.

6. Department / Division: City of Long Beach, Public Works, Clean Team.

7. 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.

8. May: Indicates something that is not mandatory but permissible.

9. PEH: People Experiencing Homelessness.

10. PPE: PPE: Personal Protective Equipment including, but not limited, to gloves, coveralls, and eye protection.

11. PSB: Public Service Bureau.

12. RFP: Request for Proposals.

13. ROW: Right-of-way.

14. Shall / Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

15. 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.

16. Subcontractor: Third party not directly employed by the Proposer who will provide services identified in this RFP.

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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.

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

| 20 conducting such analysis, the City shall not be obligated to accept the single proposal.

The City reserves the right to reject such proposal or any portion thereof.

11. Any irregularities or lack of clarity in the RFP should be brought to the Purchasing

Division designee’s attention as soon as possible so that corrective addenda may be furnished to Proposers.

12. Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Proposer’s standard contract language. The omission of these documents may render a proposal non-responsive.

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.

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20. In the event a Proposer received assistance from City staff or a representative of the

City (technical assistance provider), the City is not responsible for any mistakes, inaccuracies, delays, or any other impact that the assistance provided did to impact the Proposer’s final product. Available technical assistance support services are only intended to provide advice and does not constitute a basis for any protest to this contract opportunity. It is solely the Proposer’s responsibility to prepare and submit a response to the RFP.

21. Proposal will become public record after the conclusion of the negotiation process and before final approval by the awarding body unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby 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 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

| 22 disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

26. The City reserves the right to negotiate final contract terms with any Proposers selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the Awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any 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 through the negotiation process.

33. No announcement concerning the award of a contract as a result of this RFP may be made without the prior written approval of the City.

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Proposers are advised that any contract awarded pursuant to this procurement process that exceeds $100,000 shall be subject to the applicable provisions of Long

Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance.

34. All Proposers shall complete and return, with their bid, the Equal Benefits Ordinance

Compliance form contained in Attachment B, if applicable. Unless otherwise specified in the procurement package, Proposers do not need to submit with their bid supporting documentation proving compliance. However, supporting documentation verifying that the benefits are provided equally shall be required if the proposer is selected for award of a contract.

35. Independent contractors or employees of a third-party employer who are CalPERS retirees are subject to provisions of the Government Code. A CalPERS retiree is an employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS retiree doing business as an independent contractor or employee of a third- party employer is required to submit a CalPERS determination to ensure the services provided are considered that of a true independent contractor position. All third-party employers are required to notify any individual they are having work for the

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

5.3 Contract Terms & Conditions

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

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

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

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

Company the following insurance:

mailto:membership_reporting@calpers.ca.gov

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

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

CG 20 26 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of or in the course of activities or work performed by or on behalf of the Contractor or arising out of or resulting from the use of products provided under this Contract in an amount not less than One Million

Dollars (US $1,000,000) per occurrence and Two Million Dollars (US

$2,000,000) in general aggregate.

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

Million Dollars (US $1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach and its insurers, officials, employees, and agents.

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

d. Professional liability or errors and omissions liability insurance (only if use of security guards is part of scope of services) in an amount not less than One

Million Dollars ($1,000,000) per claim and in aggregate covering the services provided pursuant to this Agreement.

e. Commercial crime insurance or a blanket employee dishonesty bond in an amount not less than Ten Thousand Dollars ($10,000).

f. If use of equipment is part of the scope of services, special perils (“All Risk”) property insurance in an amount sufficient to cover the full replacement value of the Contractor’s personal property and equipment on various encampment premises serviced under the Agreement.

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

| 25 prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

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

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

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

3. The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases, the City may require a regulatory permit and/or evidence of a State or Federal license. Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development Services, Fire, Health, and/or Police Departments. Additional information is available at www.longbeach.gov/finance/business_license.

4. All work performed in connection with construction shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of Sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

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

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5. Awarded Contractor shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents (“Indemnified Parties”), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys’ fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Awarded Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the

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

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

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

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

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

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

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

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

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

11. The provisions of this section shall survive the expiration or termination of this

Contract.

12. PUBLIC WORKS OF IMPROVEMENT ONLY: Contractor agrees that all public work (as defined in California Labor Code Section 1720) performed pursuant to this

Agreement (the “Public Work”), if any, shall comply with the requirements of

California Labor Code Sections 1770 et seq. If there is a difference between the general prevailing wage rates determined by the director of the Department of

Industrial Relations and the applicable minimum wage rates determined by the

Secretary of Labor (for federally assisted projects) for similar classifications of work, the Contractor and its subcontractors of every tier shall pay their workers not less than the higher wage rate.

13. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The awarded contractor expressly agrees to comply with the penalty provisions of California Labor Code

Section 1776.

14. CALIFORNIA WAGE RATE REQUIREMENTS: This project is a public work under…