Shopping_Cart_Retrieval_and_Return_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

For

SHOPPING CART RETRIEVAL AND RETURN

City Manager's Office

Issued: July 2, 2024

Proposal Deadline: July 19, 2024, 5:00 pm

CITY OF NAPA

REQUEST FOR PROPOSAL

I. THE SERVICES

II. DRAFT SCOPE OF SERVICES

III. REQUEST FOR PROPOSAL PROCEDURES

IV. PROPOSAL REQUIREMENTS

V. EVALUATION

VI. SELECTION AND AWARD

VII. MISCELLANEOUS

VIII. PROPOSAL SUBMITTAL

Attachments:

A - Services Agreement (General)

City of Napa Request For Proposals Page 3 of 13

2024-RFP-027

1. ............................................................................................... THE SERVICES

1.1. ...................................................................................................................... Summary

The City requires Shopping Cart Retrieval and Return (“Services”) for The City requires shopping cart retrieval and return (“Services”) to remove shopping carts from the city properties and city rights-of-ways in accordance with the requirements set forth in California Business and Professions Code Section

22435-22435.13. The Project involves providing weekly services to respond to reports of abandoned shopping carts on city properties, city rights-of-ways and other properties authorized by the City of

Napa.

1.2. ....................................................................................................... Form of Agreement

A copy of the City’s standard Services Agreement (General) (“Agreement”), is attached hereto in the

Attachments section and incorporated herein. Respondents are strongly encouraged to have the

Agreement reviewed by their legal counsel and insurance company. Any objections and/or proposed changes to the Agreement must be included in the Respondent’s Proposal pursuant to the Exceptions to

Agreement provision within the Proposal Requirements section and are subject to City approval.

1.3. .......................................................................................................... Scope of Services

The City has prepared a draft Scope of Services, see the Draft Scope Services section (“Draft Scope of

Services”). The final scope of services to be included in the Agreement with the successful Respondent will be based on the Draft Scope of Services as well as the Proposed Scope of Services, provided by the successful Respondent in the Proposal Submittal section and may be the subject of negotiations between the City and the successful Respondent.

1.4. ............................................................................ Project Manager and Decision Maker

For purposes of the Selection and Award section of this RFP, Molly Rattigan, Deputy City Manager, is the

City’s project manager (“Project Manager”), and Molly Rattigan is the City’s decision-maker (“Decision-

Maker”).

2. ........................................................................... DRAFT SCOPE OF SERVICES

2.1. . ....................................................................... Scope of Work-Shopping Cart Retrieval

Background

The City of Napa responds to citizen complaints and proactively identifies opportunities to improve the health and safety of the community. The City of Napa regularly receives reports of abandoned shopping carts on city properties and public rights-of-ways like city streets and sidewalks. Additionally, the City of Napa often partners with other public agencies and non-profit partners to manage blight and safety issues on public property.

The City of Napa has developed a GIS based online service center where reports of abandoned shopping carts can be made by City staff and the public. The City intends to grant access to this site so the selected contractor can respond to reports of abandoned shopping carts for retrieval and data tracking.

City of Napa Request For Proposals Page 4 of 13

This agreement is intended to be a one-year pilot project to allow for the City to collect the data necessary to look at options including expanded programing, shared cost, and changes in

City municipal code.

Services

General

The Contractor shall provide cart retrieval services within City of Napa limits in accordance with the requirements set forth in California Business and Professions Code Section 22435-22435.13 and return retrieved carts to the owners. The Contractor will be required to use the City’s online reporting system for data monitoring and collection purposes. Contractor must maintain a valid business license within the City of Napa.

Priority shall be given to the retrieval of carts reported through the City’s online service center. The City will also identify areas of greatest need that can be secondarily patrolled as time permits. To avoid confusing community members, Contractor shall not run a secondary reporting system in the City of Napa.

Contractor will collect abandoned shopping carts and return the shopping carts to the owner, or if the cart owner is unidentifiable, to the City Corporation Yard or for disposal. Carts shall be returned within five days of retrieval.

Contractor will track and maintain data within the City’s online portal and as requested by City.

Shopping Carts With Debris or Personal Items

Contractor will exercise discretion in the retrieval of shopping carts. Shopping carts with items that are clearly trash may be removed and returned to the cart’s owner to dispose of the trash.

Shopping carts overflowing with trash, determined unsafe for immediate removal, or appear to contain personal belongings should be reported to the City for further investigation and shall not be removed until authorized by the City. Contractor shall have ability to dispose of small amounts of trash in carts.

Service Days and Times

Contractor shall provide a vehicle and staff to adequately patrol and retrieve shopping carts for a minimum of 10 hours per week. Contractor shall establish a regular schedule which shall be approved by City staff. Subsequent changes to the schedule will require approval from City staff.

Resources

City of Napa Request For Proposals Page 5 of 13

Contractor will be responsible for providing staff and a vehicle to provide a minimum of 10 hours per week of retrieval and return service to the City of Napa. The vehicle must be identifiable as a cart retrieval service.

Staff names, vehicle identification numbers, drivers licenses and insurance shall be provided to the City of Napa.

Contractor will also be responsible for providing the necessary tablet or laptop with cellular access to report on cart retrieval in the City’s GIS system in real time.

Contact and Meetings with City

Contractor shall identify a regular supervisor and provide contact information to the

City. Contractor shall also provide a secondary, back-up representative contact. Contractor shall meet with City upon request.

3. ........................................................REQUEST FOR PROPOSAL PROCEDURES

3.1. .............................................................................................. Requests for Information

Questions or objections relating to the RFP, the attachments hereto, the RFP procedures, or the required Services must be submitted by 5:00 pm, Friday, July 12, 2024 (the “Request for Information

Deadline”) through OpenGov, the City's electronic procurement portal at https://procurement.opengov.com/portal/cityofnapa ("Procurement Portal").

Any questions or objections that are not submitted through the Procurement Portal and by the Request for Information Deadline will be deemed waived. City will not be bound by the oral representations of any City officials, employees, or representatives.

3.2. ................................................................................................... Submittal Instructions

A. General. Proposals must be received by the City by or before Friday, July 19, 2024 at 5:00 pm

(“Proposal Deadline”). Respondent must submit a proposal through OpenGov, the Procurement Portal, at https://procurement.opengov.com/portal/cityofnapa, no later than the Proposal Deadline.

B. Electronic Submission.

1. OpenGov. The Proposal response all required forms and attachments must be submitted in

PDF format via OpenGov at https://procurement.opengov.com/portal/cityofnapa.

2. Vendor Registration. To participate in the bidding process, each bidder must register with

OpenGov at https://procurement.opengov.com/portal/cityofnapa. Once registered, each bidder must subscribe to the City of Napa portal.

3. For instructions on how to register as a vendor with OpenGov, visit the City’s website at:

http://www.cityofnapa.org/265/Bidding-Information. Please read the instructions carefully and follow all steps, including registration with OpenGov and subscribing to the City of Napa account.

https://procurement.opengov.com/portal/cityofnapa https://procurement.opengov.com/portal/cityofnapa https://procurement.opengov.com/portal/cityofnapa https://procurement.opengov.com/portal/cityofnapa http://www.cityofnapa.org/265/Bidding-Information

City of Napa Request For Proposals Page 6 of 13

3.3. ................................................................................................... Planned RFP Schedule

The following schedule is provided for planning purposes based on current information. However, all dates are subject to revision, including the Proposal Deadline, and may be amended by addenda to this

RFP:

RFP Release Date: July 2, 2024

Request for Information Deadline: July 12, 2024, 5:00pm

Proposal Submission Deadline: July 19, 2024, 5:00pm

3.4. ....................................................................................................................... Addenda

City reserves the right to issue addenda to modify the terms and conditions of this RFP, including modifications to the Proposal Deadline or to the Attachments to this RFP. Addenda will be issued through the Procurement Portal. Each Respondent is solely responsible for checking the Procurement

Portal for addenda, and for reviewing any and all addenda before submitting its Proposal.

If the City releases an addendum, it will be posted on the project. Vendors following the project, or bidders who have already submitted will be notified via email. Bidders who have already submitted responses MUST log back in, un-submit your response, acknowledge the new addendum, or risk your response being deemed non-responsive. Bidders should check OpenGov periodically for any addenda or updates on the Project at: https://procurement.opengov.com/portal/cityofnapa.

4. .......................................................................... PROPOSAL REQUIREMENTS

4.1. ................................................................................................. General Requirements.

Each Proposal must be submitted in compliance with the requirements of this RFP. Each Proposal must respond to the items listed below. Clarity and brevity are preferable to volume. Do not attach brochures or promotional materials to the Proposal. Proposals should not exceed five (5) one-sided pages, excluding any tabs or dividers. However, resumes may be included in an appendix and not counted in the total page count.

4.2. ................................................................................................................. Cover Letter.

Provide a brief cover letter that includes all of the following information:

(1) Respondent’s name, address, phone number, and website address;

(2) type of organization (e.g. corporation, partnership, etc.);

(3) a summary of general information about Respondent and the types of services it provides in relation to the Services required by the City; and https://procurement.opengov.com/portal/cityofnapa

City of Napa Request For Proposals Page 7 of 13

(4) contact information, including name, title, address, phone number, and email, of

Respondent’s primary representative for purposes of this RFP.

The cover letter must be signed by a representative that is authorized to bind Respondent by contract and must state his or her name, title, and email address.

4.3. ................................................................................................. General Qualifications.

Provide a brief description of the Respondent’s business, including the number of years in business under the current name. Describe the size of the business, including total number of employees and offices, and identify and briefly describe each local office that will be involved in providing the Services if awarded the Agreement. Describe how and why Respondent is qualified to provide the Services.

Relevant experience for the purposes of this RFP includes experience retrieving shopping carts, property management, and the picking up and hauling of debris or material to diversion facilities.

4.4. ................................................................................................................... Experience.

Identify services Respondent has provided in the last five years that are similar in scope and nature to the Services required by this RFP, particularly with respect to services provided to other cities or public agencies, such as retrieval of shopping carts, property management, or picking up and hauling debris to diversion facilities. For each example, provide (1) a brief description of the services provided, (2) an explanation of why this experience is relevant to the required Services, and (3) the name and address of the contracting agency, including contact information for a reference check (name, title, phone number, and email address).

4.5. .......................................................................................... Proposed Scope of Services.

Based upon the draft Scope of Services, confirm your understanding of the scope of services the

Respondent proposes to perform to achieve the City’s objectives identified in the draft Scope of

Services. The Proposed Scope of Services may identify services which differ from the services in the

Draft Scope of Services if the Respondent believes the changes will assist the City in more efficiently and effectively achieving the City’s objectives. Briefly describe Respondent’s proposed approach to providing the Services and how that approach will offer value to the City. Identify any proposed innovations that may be used to achieve more cost-effective delivery of the Services. The response should include the following:

a. Proposed Schedule- Respondent must include the proposed weekdays and times for work to be performed in the City of Napa. Ideally, the respondent will include a minimum of two shifts per week

(i.e. Monday for five hours and Fridays for five hours). Alternative schedules will be considered.

b. Proposed work plan- Number of staff that will provide services, and estimated number of carts that can be retrieved and returned at any one time due to vehicle space.

c. If the respondent currently has contracts directly with businesses that own shopping carts within the

City of Napa, identify the list of contracts and the number of carts reported, days present in Napa, and the number of carts retrieved within the last 60 days.

City of Napa Request For Proposals Page 8 of 13

4.6. ........................................................................................................................ Staffing.

Identify by name and title Respondent’s key personnel that will be assigned to provide the Services and for each, include a resume with his or her education, training, and experience. Identify by name, address, and website, each subconsultant or subcontractor, if any, that will be involved with providing the Services, including the proposed role for each such subconsultant or subcontractor. Include all applicable license numbers for any license required to perform the Services.

4.7. ............................................................................................................................ Price.

A. Identify whether compensation for performance of the Services will be based on hourly billing rates or a per cart retrieved basis.

B. If compensation is based on hourly billing rates, attach a copy of hourly billing rates. If compensation is based on a per cart basis, provide that amount.

C. All expenses should be factored in to the hourly or per cart rate, a detailed budget is not needed.

4.8. ............................................................................................. Exceptions to Agreement.

Identify any objections to and/or requested changes to the Agreement.

5. ................................................................................................ EVALUATION

The factors that the City will consider in evaluating Proposals are as follows:

No. Evaluation Criteria Scoring Method Weight (Points)

1. General Qualifications

Respondent has experience with shopping cart removal, debris removal or hauling, and/or property management. If respondent has similar contracts in the City of Napa or other jurisdictions, is able to provide data that shows successful performance.

Points Based 20 (20% of Total)

2. Relevant Experience

Respondent has experience with shopping cart removal, debris removal or hauling, and/or property management. If respondent has similar contracts in the City of Napa or other jurisdictions, is able to provide data that shows successful performance.

Points Based 20 (20% of Total)

3. Proposed Staffing

Respondent identifies a schedule and staffing plan that provides quality service to the City of

Napa.

Points Based 20 (20% of Total)

City of Napa Request For Proposals Page 9 of 13

4. Pricing

Pricing is either hourly or per cart.

Points Based 10 (10% of Total)

5. Responsiveness

Respondent provided all required information.

Points Based 10 (10% of Total)

6. References Points Based 20 (20% of Total)

6. ............................................................................... SELECTION AND AWARD

6.1. ......................................................................................................................... Review

Proposals will be reviewed for responsiveness and evaluated and ranked based on the factors listed in the Evaluation Section. When the evaluation is complete, the Proposals will be ranked based on total scores to identify the relative merits of each Proposal. Acting in its sole discretion, the City may elect to conduct interviews with shortlisted Respondents, and the City may negotiate with shortlisted

Respondents to amend the scope of services in order to best achieve the City’s goals for the Project.

6.2. .......................................................................................................................... Award

The City will award the Agreement, if at all, to the Respondent that is determined by the City’s Decision-

Maker, acting in the Decision-Maker’s sole discretion, to offer the most advantageous Proposal to the

City based on the City’s review, as outlined above. The City’s Project Manager will submit a recommendation to the City’s Decision-Maker for award of the Agreement to the Respondent that the

Project Manager determines to offer the most advantageous Proposal. The Respondents will be notified of the Project Manager’s recommendation to the Decision-Maker by a Notice of Intended Selection which will be issued through the Procurement Portal.

6.3. ....................................................................................................... Protest Procedures

Any protest challenging the City’s intended selection or the selection process must be submitted no later than 5:00 p.m., on the fifth business day following the date of the Notice of Intended Selection. The protest must be submitted in writing via email to Liz Habkirk, Assistant City Manager at lhabkirk@cityofnapa.org, and must clearly specify the basis for the protest. The protest will be reviewed by the City’s Decision-Maker, along with the recommendation from the Project Manager and legal advice from the City Attorney’s Office. The determination of the City’s Decision-Maker on the protest is final. No public hearing will be held on the protest. Time being of the essence, the City reserves the right to proceed with award of the Agreement and commencement of the Services notwithstanding any pending protest or legal challenge.

7. .......................................................................................... MISCELLANEOUS

7.1. ........................................................................... Disclaimers and Reservation of Rights

Upon receipt, each Proposal becomes the sole property of City and will not be returned to the

Respondent. Each Respondent is solely responsible for the costs it incurs to prepare and submit its

Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the

City of Napa Request For Proposals Page 10 of 13 right to cancel or postpone the RFP or the Services at any time, or to decline to award the Agreement to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal. The City reserves the right to reject any Proposal that is determined to contain false or misleading information, or material omissions.

7.2. ........................................................................................................ Conflict of Interest

Respondents must disclose to the City any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to Respondent, any employees of Respondent, or any other person relative to the Services to be provided pursuant to this RFP. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities. City employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any Respondent.

7.3. .............................................................................................................. Public Records

The City is subject to the provisions of the California Public Records Act (Govt. Code § 6250 et seq.) (the

“Act”), and each Proposal submitted to the City is subject to disclosure as a public record, unless the

Proposal or any portion thereof is exempt under the Act.

Exceptions relevant to this RFP that authorize the City to refuse to disclose City records to the public, include (1) the “deliberative process”; and (2) “Confidential – Official Information.”

Deliberative Process: Unless otherwise compelled by a court order, the City will not disclose any

Proposal while the City conducts its “deliberative process” of reviewing the Proposals. However, when the Project Manager submits a recommendation to the City Council to award the Agreement to the preferred Respondent, the City will consider all Proposals to be subject to public disclosure, unless the

Respondent demonstrates to the satisfaction of the City that there is a legal exception to disclosure.

(See, Michaelis v Superior Court (2006) 38 Cal.4th 1065)

Confidential – Official Information: Another potential exception from public disclosure is “official information” submitted to the City in confidence, where the necessity for preserving the confidentiality of the information outweighs the necessity for disclosure in the interests of justice. (See California

Government Code Section 6254(k) and Evidence Code Section 1040.)

If a Respondent asserts that any portion of its Proposal is exempt from disclosure under the Act, it must clearly mark each portion of its Proposal “Confidential”; and for each marked portion, identify the legal basis for the exemption, including citations to specific sections of the Act. Each Respondent bears the burden of proving any claimed exemption under the Act, and by submitting a Proposal, a Respondent agrees to indemnify, defend, and hold harmless the City against any third party claim seeking disclosure of the Proposal or any portions thereof. Any blanket confidentiality statement in the Proposal (e.g., regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever.

If the City receives a request for disclosure of records identified by a Respondent as “Confidential,” the

City will take one of the following actions in its sole and absolute discretion:

1. If the City determines there is a legal basis to withhold the records from disclosure, the City will not disclose those records unless compelled by a court order; provided that, upon

City of Napa Request For Proposals Page 11 of 13 request by the City, the Respondent shall defend, indemnify, and hold harmless the City regarding any claim or litigation by any third party for the public disclosure of the

“Confidential” portion of the Proposal.

2. If the City does not identify a legal basis to withhold the records from disclosure, the City will provide written notice of the request for disclosure to the Respondent, and the

Respondent will be given a reasonable opportunity to seek protection from disclosure by a court of competent jurisdiction prior to the City’s disclosure of the requested information.

8. ................................................................................. PROPOSAL SUBMITTAL

Please see the Proposal Requirements section of this RFP.

Each Proposal must be submitted in compliance with the requirements of this RFP. Respondent must respond to the items listed below. Clarity and brevity are preferable to volume. Do not attach brochures or promotional materials to the Proposal.

1. .................................................................................................................. Cover Letter* Provide a brief cover letter that includes all of the following information:

1. Respondent’s name, address, phone number, and website address;

2. Type of organization (e.g. corporation, partnership, etc.);

3. A summary of general information about Respondent and the types of services it provides in relation to the Services required by the City; and

4. Contact information, including name, title, address, phone number, and email, of

Respondent’s primary representative for purposes of this RFP.

The cover letter must be signed by a representative that is authorized to bind Respondent by contract and must state his or her name, title, and email address.

*Response required

2. ...................................................................................................General Qualifications* Provide a brief description of the Respondent’s business, including the number of years in business under the current name. Describe the size of the business, including total number of employees and offices, and identify and briefly describe each local office that will be involved in providing the Services if awarded the Agreement. Describe how and why Respondent is qualified to provide the Services.

Relevant experience for the purposes of this RFP includes experience retrieving shopping carts, property management, and the picking up and hauling of debris or material to diversion facilities.

*Response required

3. .................................................................................................................... Experience* Identify services Respondent has provided in the last five years that are similar in scope and nature to the Services required by this RFP, such as shopping carts or picking up and hauling debris to diversion facilities. For each example, provide (1) a brief description of the services provided, (2) an explanation of

City of Napa Request For Proposals Page 12 of 13 why this experience is relevant to the required Services, and (3) the name and address of the contracting agency, including contact information for a reference check (name, title, phone number, and email address).

*Response required

4. ........................................................................................... Proposed Scope of Services* Based upon the Draft Scope of Services, confirm your understanding of the scope of services (“Proposed

Scope of Services”) the Respondent proposes to perform to achieve the City’s objectives identified in the Draft Scope of Services. The Proposed Scope of Services may identify services which differ from the services in the Draft Scope of Services if the Respondent believes the changes will assist the City in more efficiently and effectively achieving the City’s objectives. Briefly describe Respondent’s proposed approach to providing the Services and how that approach will offer value to the City. Identify any proposed innovations that may be used to achieve more cost-effective delivery of the Services. The response should include the following:

a. Proposed Schedule- Respondent must include the proposed weekdays and times for work to be performed in the City of Napa. Ideally, the respondent will include a minimum of two shifts per week

(i.e. Monday for five hours and Fridays for five hours). Alternative schedules will be considered.

b. Proposed work plan- Number of staff that will provide services, and estimated number of carts that can be retrieved and returned at any one time due to vehicle space.

c. If the respondent currently has contracts directly with businesses that own shopping carts within the

City of Napa, identify the list of contracts and the number of carts reported and retrieved within the last

60 days.

*Response required

5. ......................................................................................................................... Staffing* Identify by name and title Respondent’s key personnel that will be assigned to manage the Services and for each, include a resume with his or her education, training, and experience. Identify by name, address, and website, each subconsultant or subcontractor, if any, that will be involved with providing the Services, including the proposed role for each such subconsultant or subcontractor. Include all applicable license numbers for any license required to perform the Services.

*Response required

6. ............................................................................................................... Price Proposal*

A. Identify whether compensation for performance of the Services will be based on hourly billing rates or a per cart retrieved basis.

B. If compensation is based on hourly billing rates, attach a copy of hourly billing rates. If compensation is based on a per cart basis, provide that amount.

C. All expenses should be factored in to the hourly or per cart rate, a detailed budget is not needed.

City of Napa Request For Proposals Page 13 of 13

*Response required

7. ................................................................................................ Exceptions to Agreement Identify any objections to and/or requested changes to the Agreement and upload a copy here.