RFP-TI-23-205 Final.pdf

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 1

City of

Long Beach Challenge-Based Request for Proposals Number

TI-23-205

TID Desktop Support

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 1

Overview

Summary The Long Beach Smart City Challenge enables collaboration between the City and technology companies to address civic problems to increase our capacity for service delivery to residents. The Technology and Innovation Department is seeking to reduce travel time and resolution time for Desktop Support request. The solution would integrate with the Service Now Service Management system and use location information to group tasks that are in the same geographical proximity.

Key Dates Release Date: 11:00AM January 10, 2023

Vendor Q & A: 11:00AM January 25, 2023

Questions Due to the City: 11:00AM January 30, Answer Due from the City: February 3, 2023

Proposals Due: 11:00AM February 10, 2023

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 Ahmed Ali v12.09.22 | 2 rfppurchasing@longbeach.gov All communication with the City related to this RFP must be directed to the contact listed above.

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Contents

1 The Opportunity

1.1 Challenge Statement

1.2 Objectives

1.3 Project Background

1.4 Award Terms

1.5 Performance Metrics & Contract Management

2 How We Choose

2.1 Minimum Qualifications

2.2 Evaluation Criteria

3 Proposal Instructions & Content

3.1 Timelines & Instructions

3.2 Proposal Content

3.3 Narrative Proposal Template

4 Terms & Conditions

4.1 Acronyms/Definitions

4.2 Solicitation Terms & Conditions

4.3 Contract Terms & Conditions

4.4 Additional Requirements

4.5 Protest Procedures

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1 The Opportunity The Long Beach Smart City Challenge enables City Departments to collaborate with technology companies to address ongoing civic problems. By utilizing pilot projects, City staff have the opportunity to quickly understand emerging technologies, how we might adopt them, and leverage partnerships to drive innovative service delivery for our residents, in alignment with our Smart City Strategy.

1.1 Challenge Statement

The Technology and Innovation Department (TID) is seeking a simple and mobile-friendly solution that integrates with the ServiceNow service management ticketing system to improve efficiency of the Desktop Support staff by allowing staff to group tickets by region to reduce travel time and resolution time for City Employees’ requests for support.

1.2 Objectives

Improve efficiency of the TID Desktop Support staff, so they can group tickets by geographic region in the City.

1.3 Project Background

The City of Long Beach use ServiceNow for its ticketing system. TID receives incident notifications and requests for service by city employees located at various city facilities located throughout the City. TID would like to see if there is an application that can integrate with ServiceNow to group incidents and/or service tasks geographically based on a person's location (as specified in their ServiceNow user profile) so that TID can respond to requests that are geographically close together to improve efficiency.

1.4 Award Terms

This contract will be for a period of six (6) months. Pilot projects that successfully achieve the project goals and meet its key performance indicators may be sustained or scaled.

The decision to sustain or scale a project requires mutual agreement between the City and the Awarded Contractor, and is conditional on factors such as pricing, funding availability, contracting considerations, City need, City Council authorization and market conditions. If the City elects to sustain or scale the project, the total contract term will not exceed five (5) years. The City may also elect to sustain or scale the project by issuing a new solicitation.

1.5 Performance Metrics & Contract Management

1.5.1 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

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 5 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. % of ServiceNow

Requests resolved by requested date;

% of ServiceNow incidents resolved within two business days

Calculate the time it takes to resolve ServiceNow Request.

Reduce the current time it takes to resolve ServiceNow request by average of two days. Also complete 90% of request within 6 months.

Any data source with the required information will be sufficient.

2. % increase in the number of ServiceNow requests and incidents completed by technicians

Increase the efficiency of the technician in completing task.

Increase work efficiency by 20% by 6 months

Any data source with the required information will be sufficient.

3. % decrease in the distance traveled by desktop support technicians while completing ServiceNow request and incidents

Decrease the distance traveled by desktop support

Reduce distance traveled by 20% in 6 months

Any data source with the required information will be sufficient.

1.5.2 Contract Management

Communication and Management: Implementation of the contract is a partnership between the City and the Awarded Contractor (known as the “pilot team”). The City and the Awarded Contractor will meet monthly, at a minimum, during the active pilot

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 6 period. Pilot teams can meet more regularly as needed; this is recommended during the implementation and performance evaluation stages of the program.

Contract Payment: The City of Long Beach does not offer financial compensation for companies during the six-month Smart City Challenge pilot process.

If the City chooses to sustain or scale the contract beyond the Smart City Challenge pilot duration, the City issues payment based upon services rendered. After a contract amendment or new contract issuance is finalized and work is performed, the Contractor should invoice the City. The City will remit payment within thirty (30) calendar days of being billed.

2 How We Choose

2.1 Minimum Qualifications

Qualification to conduct business in the City Not having been debarred by Federal, State or local government Mandatory experience (necessary minimum experience or references)

2.2 Evaluation Criteria

The Smart City Challenge evaluation and selection process is aligned with the City’s procurement principles and ensures that selected ideas are aligned with Citywide and Departmental priorities. Given the variety, all submitted vendor proposals will be evaluated on the same criteria. The criteria include qualifications, impact, data governance, originality, feasibility, and the ability to demonstrate understanding of the challenge.

CRITERIA Weight

1. Qualifications are defined as: professional and academic experience of project team; tenure and financial viability of company to sustain the pilot period and potential contract;

company milestones and recent successes; and lastly, bandwidth and staff to dedicate to the pilot.

15%

2. Impact is measured by the product or service’s ability to lead to short-term and/or long-term outcomes that will benefit residents, the Department, and the City.

15%

3. Data governance is the ability to demonstrate an understanding and the ability to use metrics to communicate the level of impact.

10%

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4. Originality is determined by the novelty of the proposed solution and if the City’s normal purchasing process would have omitted or overlooked the solution.

25%

5. Feasibility will account for the actions and resources required by the City for pilot success and the anticipated costs to scale the pilot to an implemented solution.

25%

6. To demonstrate the understanding of the challenge, vendors should be prepared to define: why they are best positioned to work on this project; and provide any recommendations to the Department that can improve the scope or outcome of the project.

10%

3 Proposal Instructions & Content

3.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date January 10, Optional Webinar for Vendors

January 25, Zoom RSVP Instructions, i.e.: RSVPs are required.

RSVP via the Questions tab in the Solicitation on LongBeachBuys.com.

Half of the webinar will be general program information and then breakout rooms for challenge specific Q&A

Questions due to the City

January 30, 2023 at

5PM

Submit all inquiries via email to rfppurchasing@longbeach.gov

Posting of the Q&A February 3, Responses to the questions will be posted on LongBeachBuys.com.

Proposals due February 10, 2023

Proposals should be submitted electronically via LongBeachBuys.com.

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

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

o Proposers will receive an email 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 Proposal

February 16, 2023

An Evaluation Committee will review Narrative 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 2.2.

Optional Interviews March 6, The City may interview or request demos from none, one, some or all Proposers.

Negotiation & Contractor Selection

March 10, Selected Contractor will be notified in writing.

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

Negotiations shall be confidential and not subject to disclosure to competing Contractors until the completion of negotiations and before final approval by the awarding body..

Estimated Contract Execution

March

[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

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 9 meet the City’s needs and be successful in future proposals.

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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.

PROPOSAL

☐ Narrative Proposal The Narrative Proposal should provide a straightforward, concise delineation of capabilities to satisfy the RFP. Responses to each question should be no longer than 200 words. Guidance on preparing a Narrative Proposal is detailed in Section 4.3 3.3.

PROPOSAL APPENDICES

☐ Other Addenda

(if applicable) Case studies and references are encouraged, but no more than three total. 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.

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 REQUIRED 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.

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

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

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

Does the proposal include subcontractors? ☐ Yes ☐ No

REFERENCES

Reference 1

Company Project Manager Phone Number Project Description Project Start and End Dates

Reference 2

Company Project Manager Phone Number Project Description

Reference 3

Company Project Manager Phone Number Project Description

Qualifications

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

2. Please provide a plan of overview for how the project will be staffed. Describe the technical and business expertise of your core team in addressing the problem statement.

3. If you have any existing customers, who are they and what did you accomplish?

What did you learn from prior implementations and how might this apply to this project?

Impact

1. Describe your proposal and the impact you believe your product or service would have on the Long Beach community.

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Data Governance

1. Explain the data and reporting systems that will be used to routinely evaluate program performance to meet the objectives of the challenge

2. Describe how data will be collected, maintained, and used. Additionally, please describe how you can ensure the privacy and security of any personal identifiable information.

2. In addition to the objectives and metrics proposed above in Section 1.5.1, are there any additional or alternative performance metrics you recommend?

Originality

1. What sets your solution apart from your competitors? Please describe in specific terms your value proposition.

2. Given the originality of your submission, what could the City learn from conducting your proposed pilot project?

Feasibility

1. Summarize your proposed workplan to implement and conduct a pilot with timelines for key milestones.

2. What resources (City staff, Facilities, Land, Public right-of-way, City infrastructure, Equipment, Software, Hardware, Data, etc.) would you need access to for your proposal?

3. Describe how your company will provide the necessary training, technical assistance, customer support, and onboarding to ensure successful sustained and scaled of your proposed solution.

4. Please identify any anticipated risks or challenges and explain how you plan to mitigate or address them.

5. (OPTIONAL) If other stakeholders will be involved in implementation of the proposal, how they will you coordinate between these groups.

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Understanding of the Challenge

1. Describe your company’s general problem-solving approach and how you will tailor it for our agency’s specific problem outlined in this RFP?

2. Please explain how your proposal will meet the project objectives.

3. (OPTIONAL) Please make any recommendations to the City to improve the scope or outcomes of the pilot.

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4 Terms & Conditions

4.1 Acronyms/Definitions

1. Awarded Contractor/Successful Proposer: 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, Technology & Innovation Department

5. Evaluation Committee: An independent committee comprised solely of representatives of the City established to review proposals submitted in response to the RFP, evaluate the proposals, and select a Contractor.

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

7. RFP: Request for Proposals.

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

9. Should: Indicates something that is recommended but not mandatory. If the Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the proposal without the information.

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

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.

3. The City may contact the references provided; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

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4. The level and term of documentation required from the Proposer to satisfy the City will be commensurate with the size and complexity of the contract and Proposers should submit accordingly. If the information submitted by the Proposer, or available from other sources, is insufficient to satisfy the City as to the Proposer’s contractual responsibility, the City may request additional information from the Proposer or may deem the proposal non-responsive.

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

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

7. The City’s determination of the Proposer’s responsibility, for the purposes of this RFP, shall be final.

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

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

10. If the City receives a single responsive, responsible proposal, the City may request an extension of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By conducting such analysis, the City shall not be obligated to accept the single proposal. The City reserves the right to reject such proposal or any portion thereof.

11. Any irregularities or lack of clarity in the RFP should be brought to the Purchasing Division designee’s attention as soon as possible so that corrective addenda may be furnished to Proposers.

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

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

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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. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion.

17. 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.

18. 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.

19. 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.

20. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

21. 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

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 18 documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

22. 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.

23. 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.

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

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

26. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including, without limitation, the Attachment B contract form and all terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

27. 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.

28. Proposals shall be kept confidential through the negotiation process.

29. 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.

30. Proposers are advised that while a scaled up future engagement with City is not guaranteed as a result of this procurement, any expansion of the 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. All Proposers shall complete and return, with their bid, the Equal Benefits Ordinance Compliance form contained in

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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 that will exceed $100,000.

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. As a condition precedent to the effectiveness of this Contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this Contract from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and Company the following insurance:

(a) Commercial general liability insurance equivalent in coverage scope to ISO CG 00 01 10 93 naming the City of Long Beach and its officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 26 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out activities or work performed by or on behalf of the Contractor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate.

(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) Commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) covering Symbol 1 (any auto).

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

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(e) Electronic data processing liability and cyberspace/online liability in an amount not less than One Million Dollars ($1,000,000) per claim covering the services provided pursuant to this Contract.

Any self-insurance program or self-insurance retention must be approved separately in writing by City and shall protect the City of Long Beach and its officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after twenty (20) days prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

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

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

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 21 provisions of Sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

5. Awarded Contractor shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents (“Indemnified Parties”), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys’ fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Awarded Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Awarded Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code Section 1770 et seq. or (2) 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. Proposers are advised that while a scaled up future engagement with City is not guaranteed as a result of this procurement, if Proposer and City do amend and expand its engagement in the future, any requests for reasonable price

TID Desktop Support | RFP TI-23-205 | Template v12.09.22 | 22 adjustments must be submitted 60 days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be justified based upon verifiable criteria such as the Consumer Price Index, US City Averages, or other relevant indices.

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

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

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

4.4 Additional Requirements

The Awarded Contractor will be required to agree to and comply with the following data provisions in the performance of the contract, as applicable.

The Awarded Contractor will be required to agree to and comply with the following data provisions in the performance of the contract, as applicable.

1. OWNERSHIP OF DATA. All materials, information and data prepared, developed, assembled or recorded by CONTRACTOR or furnished to CONTRACTOR in connection with this Agreement, including but not limited to documents, estimates, calculations, studies, maps, graphs, charts, computer disks, computer source documentation, samples, models, reports, summaries, drawings, designs, notes, plans, information, material, memorandum, binary files (e.g. user-submitted attachments), all tabular data, data gathered/generated during the course of CONTRACTOR providing end-user support, helpline phone recordings, and grant applicant/beneficiary information (“Data”) shall be the exclusive property of City.

Data shall be given to City, in a format identified by City, and City shall have the unrestricted right to use and disclose the Data in any manner and for any purpose without payment of further compensation to CONTRACTOR. Copies of Data may be retained by CONTRACTOR but CONTRACTOR warrants that Data shall not be made available to any person or entity for use without the prior approval of City.

This warranty shall survive termination of this Agreement.

2. DATA ACCESS. City strongly prefers programmatic access to software systems via a well-documented Application Programing Interface (API) using modern frameworks. Other preferred means of data access include direct connections with common BI tools (e.g. Tableau and PowerBI), Extract Transform Load (ETL) tools, and/or data warehouse utilities (e.g. Snowflake, Redshift, Azure Synapse.)

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Within seven (7) calendar days of a request by City, CONTRACTOR shall make available to the City all Data contained within any system(s) covered as part of this Agreement in a non-proprietary, machine-readable format.

3. CONFIDENTIALITY. CONTRACTOR shall keep all Data confidential and shall not disclose the Data or use the Data directly or indirectly, other than in the course of performing its services, during the term of this Agreement or following expiration or termination of this Agreement. In addition, CONTRACTOR shall keep confidential all information, whether written, oral or visual, obtained by any means whatsoever in the course of performing its services for the same period of time. CONTRACTOR shall not disclose any or all of the Data to any third party, or use it for CONTRACTOR’S own benefit or the benefit of others except for the purpose of this Agreement. This term shall survive termination of this Agreement.

4. BREACH OF CONFIDENTIALITY. CONTRACTOR shall not be liable for a breach of confidentiality with respect to Data that: (a) CONTRACTOR demonstrates CONTRACTORT knew prior to the time City disclosed it; or (b) is or becomes publicly available without breach of this Agreement by CONTRACTOR; or (c) a third party who has a right to disclose does so to CONTRACTOR without restrictions on further disclosure; or (d) must be disclosed pursuant to subpoena or court order.

5. COPYRIGHTS AND PATENT RIGHTS.

A. CONTRACTOR shall place the following copyright protection on all Data: © City of Long Beach, California ____, inserting the appropriate year.

B. City reserves the exclusive right to seek and obtain a patent or copyright registration on any Data or other result arising from CONTRACTOR’S performance of this Agreement. By executing this Agreement, CONTRACTOR assigns any ownership interest CONTRACTOR may have in the Data to City.

C. CONTRACTOR warrants that the Data does not violate or infringe any patent, copyright, trade secret or other proprietary right of any other party. CONTRACTOR agrees to and shall protect, defend, indemnify and hold City, its officials and employees harmless from any and all claims, demands, damages, loss, liability, causes of action, costs or expenses (including reasonable attorney’s fees) whether or not reduced to judgment, arising from any breach or alleged breach of this warranty.

4.5 Protest Procedures

Who May Protest

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

Time for Protest

The City will post a notice of the intent to award a contract at least ten (10) business days before an award is made. The notice will be available to all Proposers who submitted a proposal via the City’s electronic bid notification system at http://www.longbeach.gov/purchasing. A Proposer desiring to submit a protest for a proposal must do so within five (5) business days of the electronic notification of intent to award. The City Purchasing Agent must receive the protest by the close of business on the fifth (5th) business day following posting of notification of intent to award the contract. Proposers are responsible for registering with the City’s electronic bid notification system and maintaining an updated Contractor profile. The City is not responsible for Proposers’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFP justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

Form of Protest

The protest must be in writing and signed by the individual who signed the proposal or, if the Proposer is a corporation, by an officer of the corporation, and addressed to the City Purchasing Agent. Protests must be submitted via the email address above. They must include a valid email address and phone number. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated, and must refer to specific portions of the RFP and attachments upon which the protest is based. Once the protest is received by the City Purchasing Agent, the City will not accept additional information on the protest unless the City requests it.

City Response to Protest

The City Purchasing Agent or designee will respond with a decision regarding the protest within five (5) business days of receipt of protest to the email address provided in the protest. This decision shall be final.

Limitation of Remedy

The procedure and time limits set forth herein are mandatory and are the Proposer’s sole and exclusive remedy in the event of a protest. The Proposer’s failure to comply

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Attachment A: Authorization & Certification I certify that:

i. I am authorized to submit this Request for Proposals on behalf of the organization above.

ii. I have read, understand and agree to comply with the terms and conditions specified in this

Request for Proposal. Any exceptions to the terms and conditions that will be requested have been documented in the table below, Exceptions to Terms & Conditions.

iii. The proposal is submitted as a firm and fixed request valid and open for 90 days from the submission deadline.

iv. This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham proposal and the Proposer has not in any manner sought by collusion to secure for himself or herself an advantage over any other Proposer.

v. In addition, this organization and its members are not now and will not in the future be engaged in any activity resulting in a conflict of interest, real or apparent, in the selection, award, or administration of a subcontract.

Furthermore, as a current or potential Contractor for the City of Long Beach (City) your firm, through its business relationship with the City, may be the recipient of federal grant funds. As such, the City is required to document that neither your business entity or organization, nor any of your principals are debarred, suspended, ineligible, or have voluntarily been excluded from receiving federal grant funds.

Consistent with Executive Order No. 12549 Title 2 CFR Part 180 Subpart C, all potential recipients of federal grant funds are required to comply with the requirements specified below. By submission of proposal/bid/agreement, the undersigned, under penalty of perjury, certifies that the participant, nor any of its principals in the capacity of owner, director, partner, officer, manager, or other person with substantial influence in the development or outcome of a covered transaction, whether or not employed by the participant:

i. Are not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal department or agency;

ii. Have not, within a three (3) year period preceding this bid/agreement/proposal, been suspended, debarred, voluntarily excluded or declared ineligible by a federal agency;

iii. Do not presently have a proposed debarment proceeding pending;

iv. Have not, within a three (3) year period preceding this bid/agreement/proposal, been indicted or convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct;

v. Have not, within a three (3) year period preceding this bid/agreement/proposal, had one or more public transactions (Federal, State, or local) terminated for cause or default.

vi. If reorganization, management turnover, or a shift or change of principals’ status occurs, written notice must be submitted within 21 days. Subsequent disclosure of unfavorable information will be subject to thorough review and remedial action. Updated versions of this certification may be requested on a routine basis.

vii. Where the potential prospective recipient of Federal assistance funds is unable to certify to any of the statement in this certification, such prospective participant shall attach an explanation to the applicable bid/agreement/proposal.

Name Signature Date

Exceptions to Terms & Conditions

EXCEPTIONS TO TERMS AND CONDITIONS (IF APPLICABLE)

Exceptions to terms and conditions are uncommon, and Proposers are not encouraged to take exception to terms and conditions. However, in the event there are terms that should be reviewed as part of potential negotiation of a final contract, they should be listed here. The City of Long Beach has no obligation to accept any exceptions to terms and conditions. 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.

Term & Condition Number Explanation of Objection

Attachment B

Equal Benefits Ordinance (EBO)

EQUAL BENEFITS ORDINANCE DISCLOSURE FORM

As a condition of being awarded a contract with the City of Long Beach ("City"), the selected

Contractor/Vendor ("Contractor") may be required during the performance of the Contract, to comply with the City's nondiscrimination provisions of the Equal Benefits Ordinance ("EBO") set forth in the Long Beach Municipal Code section 2.73 et seq. The EBO requires that during the performance o f the contract, the Contractor shall provide equal benefits to its employees with spouses and employees with domestic partners. Benefits include but are not limited to, health benefits, bereavement leave, family medical leave, member ship and membership discounts, moving expenses, retirement benefits and travel benefits. A cash equivalent payment is permitted if an employer has made all reasonable efforts to provide domestic partners with access to benefits but is unable to do so. A situation in which a cash equivalent payment might be used if where the employer has difficulty finding an insurance provider that is willing to provide domestic partner benefits.

The EBO is applicable to the following employers:

• For-profit employers that have a contract with the City for the purchase of goods, services, public works or improvements and other construction projects in the amount of

$100,000 or more

• For-profit entities that generate $350,000 or more in annual gross receipts leasing City property pursuant to a written agreement for a term exceeding 29 days in any calendar year

Contractors who are subject to the EBO must certify to the City before execution of the contract that they are in compliance with the EBO by completing the EBO Certification Form, attached, or that they have been issued a waiver by the City. Contractors must also allow authorized City representatives access to records so the City can verify compliance with the

EBO.

The EBO includes provisions that address difficulties associated with implementing procedures to comply with the EBO. Contractors can delay implementation of procedures to comply with the EBO in the following circumstances

1) By the first effective date after the first open enrollment process following the contract start date, not to exceed two years, if the Contractor/vendor submits evidence of taking…