Sidewalk_Vending_Code_Enforcement_(Addendum_#1_Revision).pdf

Request for Proposal

No. RFP No. PL-0090

FOR

SIDEWALK VENDING CODE ENFORCEMENT

Contact: Viviane Pearson, Principal Management Analyst

Email: vpearson@santacruzca.gov

RESPONSE DEADLINE: March 7, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/santacruzca

City of Santa Cruz

Sidewalk Vending Code Enforcement

I. INTRODUCTION

II. GENERAL INFORMATION FOR PROPOSERS

III. PROCESS INSTRUCTIONS

IV. EVALUATION CRITERIA

V. TERMS AND CONDITIONS

VI. PRELIMINARY SCOPE OF WORK

VII. PROPOSAL SUBMITTALS

Attachments:

A - 2024 Professional Services Agreement Template (With Insurance Options)

#RFP No. PL-0090 Title: Sidewalk Vending Code Enforcement

1. INTRODUCTION

1.1. Summary

The City of Santa Cruz requests proposals from qualified firms for services for Sidewalk Vending

Monitoring and Enforcement. A successful proposer will have the ability to implement and enforce the

Sidewalk Vending Program per Ordinance SCMC Chapter 5.82 (“Sidewalk Vending”). In Fiscal Year 2024

Budget, the City has allocated funds for additional contract code compliance support.

1.2. Background

The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National

Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to University of

California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

The City of Santa Cruz requests proposals from qualified firms for services for Sidewalk Vending

Monitoring and Enforcement. A successful proposer will have the ability to implement and enforce the

Sidewalk Vending Program per Ordinance SCMC Chapter 5.82 (“Sidewalk Vending”). In Fiscal Year 2024

Budget, the City has allocated funds for additional contract code compliance support.

The City of Santa Cruz has piloted various sidewalk vending programs since Senate Bill (SB) 946 “Safe

Sidewalk Vending Act” became effective January 1, 2019. SB 946 limited the City’s ability to regulate sidewalk vending and prohibited criminal punishment for sidewalk vending-related violations. The pilot programs allowed staff to have a better understanding of the impact of the implementation of SB 946, especially in the popular vending areas of Beach Street.

Since 2019, the City has piloted various sidewalk vending programs along Beach Street, which continues to be a highly popular vending area. The pilot programs allowed staff to understand some of the impacts

SB 946 has on the local area. Public health and safety concerns observed by staff and the public over the course of the pilot programs include, but are not limited to:

• Complaints involving foodborne illness and pathogens;

• Hampered public accessibility to the beach, sidewalk, benches, trash/recycling cans, and bike racks;

• Concerns for emergency access by fire and police;

• Congested points that caused pedestrians to move onto the street or into bike lanes;

• Aggressive/violent behavior related to vending “turf wars”;

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB946

• Congestion in parking areas and near parking meters;

• Excess trash and litter; and

• Other environmental concerns (e.g. storm water management, illegal discharge into storm drains that lead to the Monterey Bay National Marine Sanctuary).

1.3. Contact Information

Viviane Pearson

Principal Management Analyst

Email: vpearson@santacruzca.gov

Phone: (831) 420-5245

Department:

Planning

Department Head:

Lee Butler

Planning Director

1.4. Timeline

The City will make every effort to adhere to the following tentative schedule. All dates set forth in this

RFP are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this RFP to “time” are Pacific Standard Time.

Release Project Date February 1, 2024

RFP Questions and Clarification Due Date February 13, 2024, 5:00pm

Tentative Response to Clarification

Questions

February 15, 2024

Proposal Submission Deadline March 7, 2024, 2:00pm mailto:vpearson@santacruzca.gov tel:(831)420-5245

2. GENERAL INFORMATION FOR PROPOSERS

2.1. Summary Scope of Work

All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Request for Proposal (RFP) for the project (“Project”) titled below:

Sidewalk Vending Code Enforcement

RFP No. RFP No. PL-0090

The City anticipates awarding a contract to a vendor for a 3 year term with the option of two-one (1) year term extensions if City so elects. The Proposer will provide the services outlined in Section

PRELIMINARY SCOPE OF WORK.

The successful Proposer shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this RFP. The successful Proposer will provide a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Contact

If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement

Question & Answer feature. his RFP document may be downloaded from the City’s e-Procurement

Portal at https://procurement.opengov.com/portal/santacruzca/projects/76427. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right-hand corner of the screen), or via email at procurement-support@opengov.com for support. All questions must be received by 5:00 pm on Tuesday, February 13, 2024.

2.3. Proposal Submittal Due Date

Proposals are due no later than 2:00 pm on Thursday, March 7, 2024, to guarantee review. Proposals received after the deadline will be deemed non-responsive. All proposals will be submitted via City’s e-

Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/76427.

Proposers take full responsibility for City’s receipt of its Proposal. The City will not be liable for any expenses incurred by Proposers in responding to this solicitation, including but not limited to any costs associated with interviews.

It is the responsibility of the Proposer to ensure that electronic submittals are received by the City prior to the deadline.

2.4. Pre-Proposal Meeting

A pre-proposal meeting will not be held for this RFP.

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2.5. Responsiveness and Responsibility

When determining the Responsiveness of the proposal, the City may consider any of the following but not limited to:

A. Proposal received on time and completed per instructions.

B. Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.

C. Proposal is compliant with specifications and industry standards.

When determining the Responsibility of the Proposer, the City may consider any of the following but not limited to:

A. Possession of industry standard licensing and/or certifications.

B. Financial capacity of the Proposer.

C. Experience or past performance of the Proposer.

D. Use of Subcontractors / Subconsultants.

E. Past, Present and Pending Legal Actions.

F. Exceptions with City’s Terms and Conditions.

G. Anticipated adherence with Project delivery schedule.

H. Ability to respond to City’s inquiries for proposal clarification.

Proposers have the right to take exception to the specifications or terms and conditions of this RFP, however, such exceptions may deem the proposal non-responsible. Any exceptions taken must be explained in the proposal and submitted by the submittal due date. Any exceptions that contradict the

City’s terms and conditions or contain provisions that are not in the best interest of the City will disqualify the Proposer. If exceptions are not explained, the Proposer will comply with the specifications as stated in this RFP. Exceptions submitted after the proposal due date will not be accepted.

The City reserves the right to reject any or all proposals and to waive any informality or minor defect in proposals received.

2.6. Definitions

In this RFP document:

A. “Proposer” means contractor, firm, supplier, vendor, or consultant submitting a proposal to this

RFP.

B. “Proposal” means the complete submittal of Proposer to the City in response to this RFP, including any written documentation and oral interview responses.

C. “Subcontractor” means those performing any portion of the services as subcontractors, vendors, suppliers, and other business entities and individuals that is not the Proposer.

D. “Key Staff”, if required, means the employees of the Contractor or subcontractor(s) that will provide project leadership or expertise in lead technical services and are considered essential to the success of the Project.

E. “Contract” also means Purchase Order or Agreement.

3. PROCESS INSTRUCTIONS

3.1. Questions and Requests for Clarification and Addenda

Questions or concerns regarding any aspect of this RFP shall be sent via City’s e-Procurement Portal’s

Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out in the City's procurement portal.

The City may determine it is necessary to revise any part of this RFP. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this RFP. Addenda will be posted on the City’s e-Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/76427, under Bidding Information.

3.2. Proposal Evaluation Criteria

RFP responses will be evaluated and ranked according to the evaluation criteria identified in the sub-sections Responsiveness and Responsibility in GENERAL INFORMATION FOR PROPOSERS section, below, by an evaluation committee composed of City staff. The evaluation committee will open and review the proposals in confidence. Proposals will be available to the public after the contract award.

After the initial proposal evaluation, the City may determine that additional information is needed to establish the final ranking of proposers. The semi-finalists will be contacted and may be asked to:

• Conduct a scenario-based demonstration of the equipment or service,

• Revise the submitted proposal for the purpose of obtaining best and final offers, and/or

• Provide additional information to assist City in determining the best value proposer.

The Evaluation Committee will use all information collected to rank the semi-finalists in order of their ability to best meet the requirements of the City. The City will begin negotiating a firm contract with the highest ranked Proposer. If no agreement can be reached, negotiations will begin with the next ranked

Proposer.

3.3. Responsiveness

Does the proposal meet the minimum requirements in Sub-Section Responsive and Responsibility of

Section GENERAL INFORMATION FOR PROPOSERS to be responsive (the submittal includes all of the required documentation).

3.4. Responsibility

Does the proposal meet the minimum requirements in Sub-Section Responsive and Responsibility of

Section GENERAL INFORMATION FOR PROPOSERS to be responsive (the submittal includes all of the required documentation).

The total maximum score for the evaluation of proposals is 100 percent (100%). Proposals will be evaluated by the EC using the Proposal Evaluation Criteria as set forth in Section EVALUATION CRITERIA.

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Proposals that are deemed responsive, from a Proposer that has been deemed responsible, will be evaluated based on the Evaluation Criteria below. Evaluation and scoring of proposals will be based on how likely the proposal content meets or exceeds the performance requirements of this RFP.

The City may conduct interviews and oral presentations with the highest scoring Proposers. The City reserves the right to waive the interview process and evaluate the Proposer based on the Proposal

Evaluation Criteria alone. Should interviews and oral presentations be conducted, proposals will be evaluated by the EC using the Interview and Oral Presentation Evaluation Criteria as set forth below.

Proposers will be responsible for all their expenses associated with the interview and oral presentation. The City reserves the right to conduct interviews and oral presentations with qualified contractors by web or teleconference.

3.5. Negotiations

Upon the City’s final ranking of proposals, the Proposers shall be prepared to enter negotiations to enter into the Contract. The City will first begin negotiations with the top-ranked Proposer(s). If the City and the top-ranked Proposer(s) do not reach an agreement, then the City may negotiate with the next highest-ranked Proposer. This process will continue until the City reaches an agreement with a

Proposer(s) or terminates the procurement. The City may begin negotiating with the next highest-ranked Proposer whenever the City determines that doing so is in its best interest, and the City may negotiate with more than one Proposer at the same time.

The failure of the highest-ranked Proposer to comply with any of the requirements of this section shall constitute grounds for the City to negotiate the agreement with the next top-ranked Proposer. Upon completion of successful negotiations, the City will issue a written Notice of Intent to Award (NOITA) letter to all Proposers which lists the “Successful Proposer” that the City recommends for award of an agreement.

3.6. Public Record

Proposals received are the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” (CPRA)

California Government Code, sections 6250 – 6270. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and a Notice of Intent to Award (NOITA) letter to all Proposers is issued.

If Proposer’s proprietary information is contained in documents or information submitted to City, and

Proposer claims that such information falls within one or more CPRA exemptions, Proposer must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Proposer prior to such disclosure. If Proposer contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Proposer fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to

Proposer. Proposer further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Proposer.

3.7. Award Protests

The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the RFP requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the RFP, cancel the RFP, or determine the protest to be unfounded and proceed with the solicitation. In the event, the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Laura Landry, Code Compliance Manager, llandry@santacruzca.gov

Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award.

Protest letters regarding a formal contract award will be directed to:

City of Santa Cruz

City Clerk Administrator

809 Center Street, Room 9

Santa Cruz, California 95060

Protests will be filed with the City Clerk’s office no later than 5 business days after the written Notice of

Intent to Award is sent by the City. Protest letters will include:

• The name, address, and telephone number of the protester;

• The Project title, RFP Number, and RFP due date;

• Name of City employee and Department designated as the contact in the original RFP;

• A detailed statement of the legal and/or factual grounds for the protest; and

• The form of relief requested.

The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Proposer’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds no set forth in the written protest will not be considered by the City Council at the protest hearing. The City

Council will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the City

Council is final.

3.8. Debriefing

A debriefing may be held after the contract award with the City and a Proposer for the Proposer to receive information about the evaluation of their proposal. A Proposer shall submit a written request to the City for a debriefing shall within thirty (30) days after the issuance of the NOITA. The debrief conference will be allotted a maximum of thirty (30) minutes and will consist only of evaluating the requesting Proposer’s Proposal.

3.9. Contract Implementation

Upon award notification and prior to final contract approval, the successful proposer will be required to submit:

• Proof of insurance and prevailing wage compliance documentation as specified in Sub-Section

Insurance Requirements and Sub-Section Prevailing Wage in Section Terms and Conditions of this RFP;

• Documentation of all credentials necessary to legally perform the Project specified;

• A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and

• Proof of a current City of Santa Cruz business tax certificate if the proposer is located in, or performs services within, the city limits for more than 6 days annually.

• The finalized contract will be in the form included as Appendix A Sample Agreement herein, and include the RFP documents, the Proposer’s response to RFP and Vendor Questionnaire, the

Budget as described in Cost Proposal, and any negotiated modifications agreed to by the parties.

3.10. Reservation of Rights

The City, at its sole discretion, reserves the following rights:

• To reject any or all proposals or information received pursuant to this RFP;

• To waive any informality or minor defects in proposals received;

• To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;

• To cancel this RFP with or without the substitution of another RFP or prequalification process;

• To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process;

• To request additional information from a Proposer;

• To bid separately any item or items where it is determined by the Purchasing Manager that:

o A substantial savings in cost will result due to a large quantity purchase, or o The commodity is not appropriately classified under this specification contract.

o To verify the qualifications and experience of each Proposer;

• To require one or more Proposers to supplement, clarify, or provide additional information in order for the City to evaluate proposals submitted.

3.11. Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean

Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your proposal, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.12. Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this

RFP. Proposers acknowledge and agree that their Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

4. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Adherence to RFP Requirements

To be considered responsive, the proposal shall include the information detailed in this section. Proposer must provide information in the proposal in the same order as shown below. The proposal shall be separated into the sub-headings referenced below. Failure to provide this information may result in a proposal being considered non-responsive to requirements.

Proposal Format

Proposals should be organized as follows:

• Cost Proposal Provide a comprehensive cost proposal uploaded separately in the

Procurement Portal.

• Written Technical Proposal

• Optional Appendices or Exhibits:

Proposers may include sample project information, sample reports, peer review reports, letters of recommendation, or other exhibits that may assist the City in favorably evaluating the proposal. Do not include generic marketing materials.

• Proposals will be deemed non-responsive and removed from further consideration if the Proposal is not received in accordance with the terms of this RFP or the Proposer does not meet the basic minimum qualifications and proposal requirements set forth in this RFP.

Proposals shall be typed, as concise as possible, and shall not include any unnecessary promotional material. The Proposer shall provide the information required in this

Evaluation Criteria section and comply with the maximum page limitations provided for each subsection of the proposal. The RFP Required

Submittal Documents do not count toward applicable section page limits.

Resumes shall be included as a separate attachment. Number every page sequentially beginning with the cover page, including any

0-100 Points 10 (10% of Total) text charts and graphic pages and including attachments and exhibits.

Narrative pages are to be 8½x11 inches. 11x17 pages, if used, shall be used sparingly and only where required to convey related information that cannot otherwise be accommodated on an 8½x11 page. 11x17 will count as two pages.

The proposal shall use Arial or a similar, easily readable font. A minimum of 11-point font size and 1.25-line spacing is required for text.

Narrow or condensed fonts are not permitted. Font restrictions do not apply to attachments. Different size fonts will be allowed for headings, charts, tables, and graphics and must be easily readable.

2. Firm Background Information

This section must include the following

(maximum 2 pages):

A. Legal name, addresses, telephone numbers of the principal office

(national headquarters) and local office. Include the same information if services will be provided from additional locations.

B. Year established and history.

C. Business entity status (i.e., partnership, corporation, LLC).

D. Indicate if Proposer has defaulted in its performance of an agreement or project during the past five (5) years which has led the other party to terminate the agreement and if so, the identity of the parties involved and the circumstances of the default or termination.

E. Respond to the following:

1. Explain any pending litigation, liens, or claims involving your organization.

2. Has your company filed for bankruptcy in the last ten (10) years?

F. Provide information about your company regarding environmental conservation practices or objectives, Green Business certifications, alternative fuel service vehicles, superior employee benefit policies, or other applicable policies that align with Sub-Section Environmental

Conservation and Sustainable Living in Section Process Instructions.

0-100 Points 5 (5% of Total)

3. Firm Qualifications, Expertise, and Experience

In this section (maximum 5 pages), include the following:

A. Describe the Proposer’s qualifications and experience working on similar, relevant, or related projects that were completed, as outlined in Section

Preliminary Scope of Services.

B. Describe how the Proposer (or

Proposers if submitting a jointly prepared proposal) is organized to provide the required services as outlined in Section Preliminary

Scope of Services.

C. If utilizing any subconsultants and/or subcontractors, describe their qualifications working on similar, relevant, or related projects that were completed, as outlined in

Section Preliminary Scope of

Services.

D. Provide a list of all services Proposer has performed for the City in the past three (3) years, include a description of the services, date of engagement(s), members of the proposed team that performed the services. Indicate if Proposer served as the prime contractor or as a subcontractor.

4. Team Qualifications, Expertise, and

Experience

In this section (maximum 5 pages), include the following:

A. Provide the names, qualifications, certifications, and relevant technical experience of personnel and subcontractors of the proposed project team who will perform the services described in Section

Preliminary Scope of

Services. Include details about their experience with similar projects with comparable magnitude.

B. Provide resumes for each member of the proposed project team and include the qualifications and experience suited to the proposed assignment. Include resumes as a separate attachment.

If awarded the contract, Proposer shall make every effort to ensure that the staff resources identified in the proposal will be available for the Project. If staff identified in the proposal are not available, the City reserves the right to review and approve alternate personnel.

0-100 Points 15 (15% of Total)

5. Technical Approach and Work Plan

A. Technical Approach: Describe your approach to completing Section

Preliminary Scope of

Services. Identify deliverables and key decision points. Provide comments regarding the proposed

Section Preliminary Scope of

Services. This may be used as an opportunity to expand upon your team’s specific experience and expertise, and to outline any changes you believe would help achieve the

Project’s goals and objectives.

B. Work Plan: The work plan shall reflect your understanding of the services applicable to the RFP and your experience and creativity in anticipating and addressing the challenges that may be encountered in providing the services outlined in

Section Preliminary Scope of

Services.

The work plan shall include a process for delivery of the range of services outlined in

Section Preliminary Scope of Services. To the extent possible, the proposal shall reflect the roles and responsibilities of team members in the major tasks outlined in the Section

Preliminary Scope of Services and strategies to accommodate the staffing needs for each task order. As appropriate, include tools and techniques you could use in addressing challenges and delivering services outlined in

Section Preliminary Scope of Services.

Proposers shall address all major tasks outlined in Section Preliminary Scope of Services and as appropriate, suggest supplemental tasks/sub-tasks for incorporation into the final

Section Preliminary Scope of Services.

0-100 Points 20 (20% of Total)

6. Cost Proposal

Cost/Pricing is a factor in this selection.

Proposers must complete and submit a Cost

Proposal. It is the Proposer’s responsibility to state all costs to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractors, other direct costs (ODC) such as materials, supplies, taxes, and travel. A

Proposer’s failure to submit a Cost Proposal will deem the submittal non-responsive.

Include the Cost Proposal with the Electronic

Response.

The price will be evaluated in the following manner:

A. The responsive proposal with the lowest price will be given the full weight of points assigned to the pricing criteria.

B. Every other responsive proposal will be given points proportionately in relation to the lowest price. This point total will be calculated by dividing the lowest proposed price by the total proposed price of the proposal being evaluated with the result multiplied by the maximum weight for the price (100 %) to arrive at a price score of less than the full score for price.

Example: Lowest Total Proposed

Price Total % Price Proposer’s Total Proposed

Price X for Price = Score

7. Oral Presentation

The City may conduct interviews and oral presentations with the highest scoring

Proposers. The City reserves the right to waive the interview process and evaluate the

Proposer based on the Proposal Evaluation

Criteria alone. Should interviews and oral presentations be conducted, proposals will be evaluated by the Evaluation Committee using the Interview and Oral Presentation

Evaluation Criteria as set forth. Proposers will be responsible for all their expenses associated with the interview and oral presentation. The

City reserves the right to conduct interviews and oral presentations with qualified contractors by web or teleconference.

0-100 Points 20 (20% of Total)

8. References

10In this section (maximum 5 pages), provide the following:

A. Three (3) Client References that provide former clients and representative projects undertaken in the last five (5) years which demonstrate relevant experience with the Project.

B. For each project identified above, provide a project description, project costs, dates of engagement, project owner, and member(s) of the proposed team for this RFP that participated in the project, including any subcontractors that worked on the project.

C. For each reference, provide the name of the agency/firm, and contact person’s name, title, address, phone number, and email address. Please ensure that the contact information is accurate for each reference.

The City reserves the right to:

• Check as many references that the

City deems necessary.

• Assess a Proposer’s past performance.

• Contact references that the City determines are representative projects demonstrating experience relevant to this RFP.

• Check any other reference(s) that might be indicated through the specified contacts or that result from communication with other entities involved with similar projects.

• Include other industry sources and users of similar services known to the

City.

• Contact client references for only shortlisted Proposers.

It is the responsibility of the Proposer to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section. The client reference score/weight shall have no bearing on any other evaluation criteria.

5. TERMS AND CONDITIONS

5.1. Insurance Requirements

Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The

City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

5.2. Prevailing Wages and Labor Compliance

Prevailing Wages do not apply to this contract.

5.3. Living Wage

Proposers agree to comply with the requirements of the Living Wage Ordinance as provided in Santa

Cruz Municipal Code Chapter 5.10.

5.4. Agreement (Appendix A)

The successful Proposer will be required to enter into an Agreement in the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Proposer. If a Proposer is unable to accept City’s proposed Agreement terms substantially in the form presented, the Proposer shall include a revised copy of the Agreement with its Proposal. The revised copy must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

5.5. Contract Period

The term of the contract will commence upon notification of award and continue for a period of 1 year term with the option of five one-year extensions if City so elects. plus any renewals agreed to by the parties and made in writing.

5.6. Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed

(including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal

Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

5.7. Indemnification

To the fullest extent permitted by law, Proposer agrees to indemnify, defend, and hold harmless the

City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this RFP, including but not limited to Proposer’s Proposal. Proposer’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of the Agreement.

5.8. Performance Bond/Payment Bond

Bonding requirements for federally funded contracts are subject to the following federal directives:

Bidder’s security of ten percent of the bid price for all public works contracts at the time of Bid submittal

(Public Contract Code Section 20483(a)).

A. Performance bond equal to 100-percent of the contract price for all public works contracts.

B. Payment bond for all public works contracts of at least:

C. 50-percent of the contract price if the contract price does not exceed $1 million.

1. 40 percent of the contract price if the contract price exceeds $1 million but is not more than

$5 million; or

2. $2.5 million if the contract price exceeds $5 million.

Within ten (10) business days, not including legal holidays, of contract award, the successful Proposer must submit a performance bond and payment bond, executed by the Contractor and the Surety. All bonds must be issued by California admitted Sureties.

Should any surety or sureties be deemed unsatisfactory by the City, a notice will be given to the

Contractor. The Contractor shall promptly substitute anew surety or sureties satisfactory to the City. No further payment shall be deemed due or will be made under the contract until the new sureties are accepted by the City.

At its sole discretion, the City may allow the Contractor to provide bonds from multiple sureties to meet the bond requirements.

http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192.

http://www.cityofsantacruz.com/home/showdocument?id=59192.

6. PRELIMINARY SCOPE OF WORK

6.1. Project Objectives

The Project is intended to encompass full administrative enforcement services including evening and weekend patrols related to sidewalk vending monitoring and compliance, and all necessary communications with the sidewalk vendors. Additionally, consultant staff conducts the following administrative duties on the City’s behalf including, but not limited

A. Verification of compliance with sidewalk vendor permits, including location, conditions of use and vendor card display

B. Issuance of administrative citations through proper verification in accordance with SCMC 5.82.110

Administrative Citations.

Unless otherwise provided, a violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Title 4, in amounts not to exceed the following:

• $100 for a first violation.

• $200 for a second violation within one year of the first violation.

• $500 for each additional violation within one year of the first violation.

Unless otherwise provided, a person engaged in sidewalk vending without a valid City sidewalk vending permit (and/or a Parks vending permit, if applicable) shall be issued an administrative citation pursuant to Title 4 in amounts not to exceed the following, in lieu of the amounts set forth in subsection (a):

• $250 for a first violation.

• $500 for a second violation within one year of the first violation.

• $1000 for each additional violation within one year of the first violation.

C. Impoundment of vending display, food, goods, and/or merchandise that are in accordance with

SCMC 5.82.120:

• Reasonably appear to be abandoned on public property; or

• Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) operates in violation of this chapter; and (B) refuses or fails to provide identification, as required by

Section 5.82.110(f); and (C) refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or

• Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) does not possess a valid applicable sidewalk vending permit (and/or, if applicable, a valid applicable parks vending permit); and (B) also refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official;

or

• Is creating an imminent and substantial safety or environmental hazard.

6.2. Minimum Qualifications

Code enforcement officer(s) shall have a minimum of two years of experience. The Code Enforcement

Officer's qualifications shall be provided to the City of Santa Cruz Planning and Community Development

Department.

The CONSULTANT’s representative must be able to read and interpret the local and states code for the enforcement of sidewalk vending. CONSULTANT is expected to complete the services for the City in compliance with:

• All applicable California legislation related to Senate Bill (SB) 946 Sidewalk Vendors.

• All ordinances end amendments to codes as amended and adopted by the City of Santa Cruz related to SCMC Chapter 5.82.

6.3. Scope of Work

The selected Proposer will be expected to perform all necessary aspects to complete the scope of work.

Dedicated Code Enforcement Officer(s) will be provided to the City of Santa Cruz on a regular schedule accepted by the City to perform Code Enforcement duties. Code Enforcement Officers should also be made available by phone or email for requests for information in response to technical questions form

City staff within one business day

Task 1 – Enforcement of SCMC 5.82 and SB 946

The work should, at a minimum, include the following:

A. Enforcement of all applicable California legislation related to Senate Bill (SB) 946 Sidewalk

Vendors.

B. Enforcement of all ordinances and amendments to codes as amended and adopted by the City of Santa Cruz related to SCMC Chapter 5.82.

Task 2 – Coordinate staffing for Code Enforcement

The work should, at a minimum, include the following:

A. Proposer will also provide a monthly schedule to the Program manager of the shifts and personnel at least two weeks prior to the beginning of the work month;

B. In an event the Consultant’s representative is not able to cover a shift or needs to leave early, the Consultant will make necessary arrangements to cover said shift;

C. Provide a minimum of one (1) full time code enforcement officer per shift, an AM shift, 7am –

5PM, and a PM shift, 12PM – 9PM, with an unpaid hour lunch;

D. Proposer is expected to complete the following services for Code Enforcement:

1. Provide a minimum of one (1) full time code enforcement officer for the following days, times and events:

a. 2024 Season - April 1, 2024 to October 31, 2024

b. Friday through Sunday, from 8:00AM – 5:00PM (12:00PM – 1:00PM unpaid lunch) and

12:00PM – 9:00PM (4:00PM – 5:00PM unpaid lunch)

c. Memorial Day

d. Juneteenth

e. Independence Day

f. Labor Day

g. October 31

h. Day after Thanksgiving and Weekend

i. Weekend before Christmas

j. Weekend before New Years

E. Investigate complaints regarding sidewalk vendors;

F. Sidewalk Vending enforcement program review and analysis. At the completion of the season, the Proposer is to provide an analysis report consolidating data obtained during the season with recommendations of how to improve the Sidewalk Vending Program;

G. Provide all necessary equipment, uniforms, and vehicles for code enforcement officer(s);

H. Perform field surveys and investigate complaints of possible sidewalk vending violations and needs for impoundment, including recognize the need for, and implement appropriate remedial actions to correct violations and only impounding upon meeting the threshold of exhausting all warnings, citations, and direct education with vendors; and

I. Perform and document inspections to determine the validity of complaints, and to identify conformance with applicable codes and ordinances;

Task 3 – Provide uniform and travel coordination

The work should, at a minimum, Proposer will provide their representative the following:

A. Provide all necessary equipment, uniforms, and vehicles for code enforcement officer(s), B. Provide for all of its representatives' lodging, including travel time

Task 4 – Provide the necessary training

Proposer ensure, at its sole expense, the following:

A. Ensure that the Proposer's staff maintain certifications to perform the services requested by the

City;

B. Coordinate training Proposer where staff must maintain training certifications as required by the

State Regulation and local ordinances and/or amendments to State codes; and

C. Provide IT security, ethics, and harassment training that complies with City standards; and

D. Proposer will not charge CITY for training, time in training, or any expenses related to training.

Task 5 – Provide reports and documentation after shifts

A. At the end of each shift, the Proposer's representative will provide the Program Manager the complete documentation of all citations or impoundments issued, including documentation of the impounded items. These items shall be placed in the office at a designated file and shall not be received no later than the next business day to the Program Manager;

B. Provide a daily report of the activities and actions to the Program Manager no later than the next business day;

C. Take photographs and necessary measurements and gather all pertinent facts from the parties involved; and

D. Provide patrols according to the schedule requested by the Program Manager.

Task 6 – Issue citations

The work should, at a minimum, include the Proposer coordinating Sidewalk Vending enforcement program review and analysis of the ordinance and enforcement processes for the citation issuance, impoundments, and follow up documentation and reports. Proposer will also perform field surveys, including:

A. Recognize the need for, and implement appropriate remedial actions to correct violations and only impounding upon meeting the threshold of exhausting all warnings, citations, and direct education with vendors;

B. Perform and document inspections to determine the validity of complaints, and to identify conformance with applicable codes and ordinances;

C. At the end of each shift, provide the Program Manager a complete documentation of all citations or impoundments issued, including an itemized list of the impounded items and all photo documentation. These items shall provided to the Program Manager via email no later than the next business day;

D. Provide the Program Manager with a daily report of the activities and actions no later than the next business day;

E. Take photographs and necessary measurements and gather all pertinent facts from the parties involved; and

F. Provide patrols according to the schedule prepared by the Program Manager.

Task 7 – Provide other professional code enforcement support services as determined by the Program

Manager

A. Providing regulation information to property owners, businesses, residents as well as agency departments and divisions as needed;

B. Preparing program documentation, staff reports, and committee and City Council presentations and;

C. Enforcement activity coordination with multiple departments including Planning and

Community Development, Police, City Manager, and City Attorney.

Task 8 – Include in Cost Proposal

A. Fully burdened cost rate per staff member per hour

B. Overtime rate per staff member per hour, subject to City's review and approval prior to approving overtime

C. Administrative cost per hour

D. Note that travel and lodging are not to be included and must be absorbed by Proposer

6.4. Responsibilities of City

The City will be responsible for providing access to City Offices. Proposer' s representative (its enforcement employee assigned to City by Contractor) shall have access to the City's copy machines, a desktop computer, a printer, phones, letterhead, postage and other Incidental office supplies such as copy paper, printer ink, business cards and similar supplies, related to the City's sidewalk vending program at City's expense.

6.5. Training

The City will provide the initial training and orientation and coordinate approved training schedule with

Proposer that are billable to the City. The City will provide the Proposer's representative the contact information for the City’s representatives for the Code Compliance Division, the Police Department, while the Proposer's representative is covering the shift or event.

6.6. Vendor’s Employee Conduct

Vendor will agree to remove any employee whose conduct is…