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HomeMy WebLinkAboutCAO 07-21 Report to Council Report Number: CAO 07-21 Date: November 22, 2021 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. -File: A-1440 Recommendation: 1. That Proposal No. RFP2021-8 submitted by EBP US, Inc., dated September 15, 2021, to undertake a corporate Economic Development Strategy in the amount of $87,499.57 HST included) be awarded as per section 10.04 (c) of the Purchasing Policy; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $78,751.00 (net of HST rebate) from property taxes, account (502230.10000); and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: City of Pickering with a current population of nearly 100,000 is expected to grow to 153,000 by 2030. The City lies at the heart of Canada’s single largest labour market (over 4 million people within 1 hour commute), providing businesses access to ample, skilled, and diversified talent. City of Pickering is served locally by 5 universities and 6 colleges providing access to skills, training, and research assets across the spectrum. Pickering is also home to nearly 3,600 unique businesses with key sectors such as EN3 (energy, engineering and environment), advanced manufacturing, and logistics. An Economic Development Strategy anticipates growth and helps bring assets together to support an economically, environmentally, and socially sustained future. By better understanding the economic ecosystems already in place, looking toward future opportunities and risks, and then bringing people together to chart a path forward, the new Corporate Economic Development Strategy will be a roadmap for the City. This will allow the City and its stakeholders to better guide a variety of activities, including but not limited to business attraction, retention and expansion, employment and mixed-use land development, and potential industry sector targets. The Request for Proposal process resulted in the recommendation of EBP US, Inc. for the development of an Economic Development Strategy. The EBP team has extensive experience with similar projects, and have worked with agencies across North America and elsewhere to match their client’s goals and natural advantages to the needs of an evolving global marketplace. For decades, they have helped regions and municipalities plan and organize themselves for economic development, attracting investment, and fostering entrepreneurship. CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 2 Financial Implications: 1. Proposal Amount Proposal No. RFP2021-8 $77,389.00 HST (13%) $10,060.57 Total Gross Proposal Cost $87,449.57 2. Breakdown of Costs by Budget Year Total Project Cost Proposal No. RFP2021-8 $77,389.00 HST (13%) 10,061.00 Total Gross Project Cost $87,450.00 HST Rebate (11.24%) (8,699.00) Total Net Project Cost to City $78,751.00 3. Approved Source of Funds Approved Code Source of Funds 2021 Budget Required 502230.10000 Property Taxes $75,000.00 $78,751.00 Total Funds $75,000.00 $78,751.00 Project Cost under (over) approved funds by ($3,751.00) Expenditure increase can be covered by the overall budget for consulting and professional services. The 2021 Budget outlined above is a component dedicated to the development of a Corporate Economic Development Strategy. Discussion: Due to significant growth and development, along with the impacts of the COVID-19 pandemic, City of Pickering’s economic composition is shifting. Sectors previously identified as priority are now softening their role in the community. However, Pickering is also now faced with emerging sectors and opportunities. In order to capture value from the changing landscape of Pickering’s economy and businesses and investment into strategic projects, a corporate Economic Development Strategy is vital to navigate anticipated growth. CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 3 On August 20, 2021, the City issued RFP2021-8 for a corporate Economic Development Strategy. The purpose of this request for consulting services is to prepare an actionable and measurable strategy that allows the City to:  Build and sustain collaborative partnerships with all entities involved in improving the City’s economy, workforce development and business expansion, attraction and retention;  Further develop the community development brand;  Support Covid-19 small business recovery initiatives;  Undertake sector development and support activities;  Identify sector development activities and support for priority industries: manufacturing, logistics, health care, food/ agriculture and professional services;  Develop framework to create and support a small business and entrepreneurship centre in collaboration with community stakeholders;  Identify economic opportunities related to Federal Pickering Lands;  Identify marketing and social media engagement opportunities;  Undertake a Business Retention & Expansion and Business Investment and Attraction Study; and,  Identify marketing opportunities for Pickering’s shovel ready land inventory. A Bid advertisement was placed on the City’s website and on social media platforms. The RFP closed on September 15, 2021 with eight proposals received. An evaluation committee composed of City Staff reviewed proposal against the criteria outlined in the RFP (see Attachment No. 1). Three proposals moved into the presentation and interview stage as per the RFP. The proposal submitted by EBP US, Inc. was the highest scoring proposal. EBP brings unmatched experience and expertise to this project. The consulting firm has a long and successful history providing trusted advice based on detailed research and analysis. EBP has international experience analyzing drivers of change that existed well before the pandemic. This includes demographic change, industry productivity, wage growth and stagnation, supply chain shifts, telecommuting, infrastructure deterioration, and other topics. Their work also gives us a strong understanding of how companies make location decisions. EBP’s most recent projects include an investment promotion strategy for Fort Saskatchewan, Advantage Strategic Action Plan for Atlantic Canada, Strategic Action Plan for Envision Saint John, SWOT and Risk Profiles for Waterloo EDC. Based on Pickering’s needs and EBP’s experience with similar projects and knowledge of the region. The scope is designed with multiple tasks to take place over four phases: 1. Development of a Project Work Plan and Consultation Strategy; Stakeholder Engagement 2. Background Research and Analysis 3. Draft Strategy Development, including Goals, Objectives, and Actions; Communications to Relevant Stakeholders CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 4 4. Council Report and Presentation It is therefore recommended that Council award the consulting services for the development of an Economic Development Strategy for the City of Pickering at a net project cost of $78,851.00 (net of HST rebate) to be financed by property taxes, and that the proposal submitted by EBP US, Inc., dated September 15, 2021 in accordance with RFP2021-8. Attachments: 1. Request for Proposal: Economic Development Strategy, August 20, 2021 2. Supply & Services Evaluation Memorandum, September 16, 2021 3. Supply & Services Summary Memorandum, October 15, 2021 Prepared By: Original Signed By: Approved/Endorsed By: Original Signed By: Laraib Arshad Senior Economic Development Officer Fiaz Jadoon, Director, Economic Development & Strategic Projects Original Signed By: Ray Rodrigues, CPPB Manager, Supply & Services Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer LA:fj CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 5 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report CAO 07-21 Request for Proposals Economic Development Strategy Request for Proposals No.: RFP2021-8 Issued: August 20, 2021 Submission Deadline: September 15, 2021 at 12:00 pm (Noon Local Time) RFP2021-8 Economic Development Strategy Table of Contents Part 1 – Invitation and Submission Instructions ........................................................ 3 1.1 Invitation to Proponents........................................................................................3 1.2 Request for Proposals Contact............................................................................. 3 1.3 Type of Contract for Deliverables ......................................................................... 3 1.4 Request for Proposals Timetable ......................................................................... 3 1.5 Submission of Proposals ...................................................................................... 4 Part 2 – Evaluation and Negotiation ............................................................................ 5 2.1 Stages of Evaluation and Negotiation................................................................... 5 2.2 Stage I – Mandatory Submission Requirements................................................... 5 2.3 Stage II – Evaluation ............................................................................................ 5 2.4 Stage III – Pricing ................................................................................................. 5 2.5 Stage IV – Ranking and Contract Negotiations .................................................... 6 Part 3 – Terms and Conditions for the Request for Proposals Process .................. 8 3.1 General Information and Instructions.................................................................... 8 3.2 Communication after Issuance of Request for Proposals.....................................9 3.3 Notification and Debriefing ................................................................................. 10 3.4 Conflict of Interest and Prohibited Conduct ........................................................ 10 3.5 Confidential Information...................................................................................... 11 3.6 Procurement Process Non-binding..................................................................... 12 3.7 Governing Law and Interpretation ...................................................................... 12 Appendix A – Form of Agreement ............................................................................. 14 Appendix B – Submission Form ................................................................................ 15 Appendix C – Pricing Form ........................................................................................ 18 Appendix D – Request for Proposals Particulars..................................................... 40 A. The Deliverables.................................................................................................... 18 C. Mandatory Technical Requirements ...................................................................... 26 D. Rated Criteria ........................................................................................................ 27 Page 2 of 42 RFP2021-8 Economic Development Strategy Part 1 – Invitation and Submission Instructions 1.1 Invitation to Proponents This Request for Proposals is an invitation by the City of Pickering (“City”) to prospective proponents to submit proposals for the provision of an Economic Development Plan as further described in the Request for Proposals Particulars (Appendix D) (the “Deliverables”). 1.2 Request for Proposals Contact For the purposes of this procurement process, the “Request for Proposals Contact” will be: City Contact: Lisa Chang, Buyer, Supply & Services E-mail: supply@pickering.ca Proponents and their representatives are not permitted to contact any employees, officers, agents, elected or appointed officials or other representatives of the City, other than the Request for Proposals Contact, concerning matters regarding this Request for Proposals. Failure to adhere to this rule may result in the disqualification of the proponent and the rejection of the proponent’s proposal. 1.3 Type of Contract for Deliverables The selected proponent may be requested to enter into direct contract negotiations to finalize an agreement with the City for the provision of the Deliverables. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the City and the selected proponent. It is the City’s intention to enter into an agreement with only one (1) legal entity. The term of the agreement is to be for a period of six months. 1.4 Request for Proposals Timetable Issue Date of Request for Proposals August 20,2021 Deadline for Questions 5 Business Days Prior to the Submission Deadline Deadline for Issuing Addenda 3 Business Days Prior to the Submission Deadline Submission Deadline September 15, 2021 at 12:00 PM (Noon Local Time) Rectification Period 5 Business Days from written request by the City The Request for Proposals timetable is tentative only, and may be changed by the City at any time. Page 3 of 42 RFP2021-8 Economic Development Strategy 1.5 Submission of Proposals 1.5.1 Proposals to be Submitted at the Prescribed Location Proposals must be submitted via email to: supply@pickering.ca 1.5.2 Proposals to be Submitted on Time Proposals must be submitted at the location set out above on or before the Submission Deadline. Subject to the process described below, proposals submitted after the Submission Deadline will be rejected. 1.5.3 Proposals to be Submitted in Prescribed Format Proponents should submit one electronic copy in PDF format by email. Proposals submitted by email should include contact information for the sender, as well as clearly identifying the Request for Proposals title and number in the subject location of the email header, and full legal name of the proponent. 1.5.4 Amendment of Proposals Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment in a separate email identifying the Request for Proposals title and number and the full legal name of the proponent. Any amendment should clearly indicate which part of the proposal the amendment is intended to amend or replace. 1.5.5 Withdrawal of Proposals At any time throughout the Request for Proposals process until the execution of a written agreement for provision of the Deliverables, a proponent may withdraw a submitted proposal. To withdraw a proposal, a notice of withdrawal must be sent to the Request for Proposals Contact and must be signed by an authorized representative of the proponent. The City is under no obligation to return withdrawn proposals. [End of Part 1] Page 4 of 42 RFP2021-8 Economic Development Strategy Part 2 – Evaluation and Negotiation 2.1 Stages of Evaluation and Negotiation The City will conduct the evaluation of proposals and negotiations in the following stages: 2.2 Stage I – Mandatory Submission Requirements Stage I will consist of a review to determine which proposals comply with all of the mandatory submission requirements. If a proposal fails to satisfy all of the mandatory submission requirements, the City will issue the proponent a rectification notice identifying the deficiencies and providing the proponent an opportunity to rectify the deficiencies. If the proponent fails to satisfy the mandatory submission requirements within the Rectification Period, its proposal will be excluded from further consideration. The Rectification Period will begin to run from the date and time that the City issues a rectification notice to the proponent. The mandatory submission requirements are as set out below. 2.2.1 Submission Form (Appendix B) Each proposal must include a Submission Form (Appendix B) completed and signed by an authorized representative of the proponent. 2.2.2 Pricing Form (Appendix C) Each proposal must include a Pricing Form (Appendix C) completed according to the instructions contained in the form. 2.2.3 Other Mandatory Submission Requirements Not applicable for this RFP. 2.3 Stage II – Evaluation Stage II will consist of the following two sub-stages: 2.3.1 Mandatory Technical Requirements The City will review the proposals to determine whether the mandatory technical requirements as set out in Section C of the Request for Proposals Particulars (Appendix D) have been met. Questions or queries on the part of the City as to whether a proposal has met the mandatory technical requirements will be subject to the verification and clarification process set out in Part 3. 2.3.2 Rated Criteria The City will evaluate each qualified proposal on the basis of the rated criteria as set out in Section D of the Request for Proposals Particulars (Appendix D). 2.4 Stage III – Pricing Stage III will consist of a scoring of the submitted pricing in accordance with the price evaluation method set out in the Pricing Form (Appendix C). The evaluation of price will be undertaken after the evaluation of mandatory requirements and rated criteria has been completed. Page 5 of 42 RFP2021-8 Economic Development Strategy 2.5 Stage IV –Interview (Optional) At the conclusion of Stage III up to three of the highest ranking Proponents may be selected for an interview. Stage IV would consist of a scoring of the interview, which will be added to the Stage II and III scoring. 2.6 Stage V – Ranking and Contract Negotiations 2.6.1 Ranking of Proponents After the completion of Stage IV, all scores from Stage II, Stage III and Stage IV (if required) will be added together and the proponents will be ranked based on their total scores. If required, the top-ranked proponent will receive a written invitation to enter into direct contract negotiations to finalize the agreement with the City. In the event of a tie, the selected proponent will be the proponent with the highest score on the rated criteria. 2.6.2 Contract Negotiation Process Any negotiations will be subject to the process rules contained in the Terms and Conditions of the Request for Proposals Process (Part 3) and will not constitute a legally binding offer to enter into a contract on the part of the City or the proponent and there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the City and the selected proponent. Negotiations may include requests by the City for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by the City for improved pricing or performance terms from the proponent. 2.6.3 Time Period for Negotiations The City intends to conclude negotiations and finalize the agreement with the top- ranked proponent during the Contract Negotiation Period, commencing from the date the City invites the top-ranked proponent to enter negotiations. A proponent invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously. 2.6.4 Failure to Enter into Agreement If the parties cannot conclude negotiations and finalize the agreement for the Deliverables within the Contract Negotiation Period, the City may discontinue negotiations with the top-ranked proponent and may invite the next-best-ranked proponent to enter into negotiations. This process will continue until an agreement is finalized, until there are no more proponents remaining that are eligible for negotiations or until the City elects to cancel the Request for Proposals process. 2.6.5 Notification to Other Proponents Other proponents that may become eligible for contract negotiations may be notified at the commencement of the negotiation process with the top-ranked proponent. Once an Page 6 of 42 RFP2021-8 Economic Development Strategy agreement is finalized and executed by the City and a proponent, the other proponents will be notified of the outcome. [End of Part 2] Page 7 of 42 RFP2021-8 Economic Development Strategy Part 3 – Terms and Conditions of the Request for Proposals Process 3.1 General Information and Instructions 3.1.1 Proponents to Follow Instructions Proponents should structure their proposals in accordance with the instructions in this Request for Proposals. Where information is requested in this Request for Proposals, any response made in a proposal should reference the applicable section numbers of this Request for Proposals. 3.1.2 Proposals in English All proposals are to be in English only. 3.1.3 No Incorporation by Reference The entire content of the proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent’s proposal but not attached will not be considered to form part of its proposal. 3.1.4 References and Past Performance In the evaluation process, the City may include information provided by the proponent’s references and may also consider the proponent’s past performance or conduct on previous contracts with the City or other institutions. 3.1.5 Information in Request for Proposals Only an Estimate The City and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this Request for Proposals or issued by way of addenda. Any quantities shown or data contained in this Request for Proposals or provided by way of addenda are estimates only, and are for the sole purpose of indicating to proponents the general scale and scope of the Deliverables. It is the proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this Request for Proposals. 3.1.6 Proponents to Bear Their Own Costs The proponent will bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations. 3.1.7 Proposal to be Retained by the City The City will not return the proposal or any accompanying documentation submitted by a proponent. 3.1.8 Trade Agreements Proponents should note that procurements falling within the scope of the Canadian Free Trade Agreement (CFTA) and Canadian European Union Comprehensive Economic Trade Agreement (CETA) are subject to the applicable trade agreement requirements Page 8 of 42 RFP2021-8 Economic Development Strategy but that the rights and obligations of the parties will be governed by the specific terms of this Request for Quotation. 3.1.9 No Guarantee of Volume of Work or Exclusivity of Contract The City makes no guarantee of the value or volume of work to be assigned to the successful proponent. The agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables. The City may contract with others for goods and services the same as or similar to the Deliverables or may obtain such goods and services internally. 3.2 Communication after Issuance of Request for Proposals 3.2.1 Proponents to Review Request for Proposals Proponents should promptly examine all of the documents comprising this Request for Proposals, and may direct questions or seek additional information in writing by email to the Request for Proposals Contact on or before the Deadline for Questions. No such communications are to be directed to anyone other than the Request for Proposals Contact. The City is under no obligation to provide additional information, and the City is not responsible for any information provided by or obtained from any source other than the Request for Proposals Contact. It is the responsibility of the proponent to seek clarification from the Request for Proposals Contact on any matter it considers to be unclear. The City is not responsible for any misunderstanding on the part of the proponent concerning this Request for Proposals or its process. 3.2.2 All New Information to Proponents by Way of Addenda This Request for Proposals may be amended only by addendum in accordance with this section. If the City, for any reason, determines that it is necessary to provide additional information relating to this Request for Proposals, such information will be communicated to all proponents by addendum. Each addendum forms an integral part of this Request for Proposals and may contain important information, including significant changes to this Request for Proposals. Proponents are responsible for obtaining all addenda issued by the City. In the Submission Form (Appendix B), proponents should confirm their receipt of all addenda by setting out the number of each addendum in the space provided. 3.2.3 Post-Deadline Addenda and Extension of Submission Deadline If the City determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, the City may extend the Submission Deadline for a reasonable period of time. 3.2.4 Verify, Clarify and Supplement When evaluating proposals, the City may request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in the proponent’s proposal, including but not limited to clarification with respect to whether a proposal meets the mandatory technical requirements set out in Section C of the Request for Proposals Particulars (Appendix D). The City may revisit and re-evaluate the proponent’s response or ranking on the basis of any such information. Page 9 of 42 RFP2021-8 Economic Development Strategy 3.3 Notification and Debriefing 3.3.1 Notification to Other Proponents Once an agreement is executed by the City and a proponent, the other proponents will be notified of the outcome of the procurement process. 3.3.2 Debriefing Proponents may request a debriefing after receipt of a notification of the outcome of the procurement process. All requests must be in writing to the Request for Proposals Contact and must be made within sixty (60) days of such notification. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome. 3.4 Conflict of Interest and Prohibited Conduct 3.4.1 Conflict of Interest The City may disqualify a proponent for any conduct, situation or circumstances, determined by the City, in its sole and absolute discretion, to constitute a Conflict of Interest, as defined in the Submission Form (Appendix B). 3.4.2 Disqualification for Prohibited Conduct The City may disqualify a proponent, rescind an invitation to negotiate or terminate a contract subsequently entered into if the City determines that the proponent has engaged in any conduct prohibited by this Request for Proposals. 3.4.3 Prohibited Proponent Communications Proponents must not engage in any communications that could constitute a Conflict of Interest and should take note of the Conflict of Interest declaration set out in the Submission Form (Appendix B). 3.4.4 Proponent Not to Communicate with Media Proponents must not at any time directly or indirectly communicate with the media in relation to this Request for Proposals or any agreement entered into pursuant to this Request for Proposals without first obtaining the written permission of the Request for Proposals Contact. 3.4.5 No Lobbying Proponents must not, in relation to this Request for Proposals or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of the successful proponent(s). 3.4.6 Illegal or Unethical Conduct Proponents must not engage in any illegal business practices, including activities such as bid-rigging, price-fixing, bribery, fraud, coercion or collusion. Proponents must not engage in any unethical conduct, including lobbying, as described above, or other Page 10 of 42 RFP2021-8 Economic Development Strategy inappropriate communications; offering gifts to any employees, officers, agents, elected or appointed officials or other representatives of the City; deceitfulness; submitting proposals containing misrepresentations or other misleading or inaccurate information; or any other conduct that compromises or may be seen to compromise the competitive process provided for in this Request for Proposals. 3.4.7 Past Performance or Past Conduct The City may prohibit a supplier from participating in a procurement process based on past performance or based on inappropriate conduct in a prior procurement process, including but not limited to the following: (a) illegal or unethical conduct as described above; (b) the refusal of the supplier to honour its submitted pricing or other commitments; or (c) any conduct, situation or circumstance determined by the City, in its sole and absolute discretion, to have constituted an undisclosed Conflict of Interest. 3.5 Confidential Information 3.5.1 Confidential Information of the City All information provided by or obtained from the City in any form in connection with this Request for Proposals either before or after the issuance of this Request for Proposals (a) is the sole property of the City and must be treated as confidential; (b) is not to be used for any purpose other than replying to this Request for Proposals and the performance of any subsequent contract for the Deliverables; (c) must not be disclosed without prior written authorization from the City; and (d) must be returned by the proponent to the City immediately upon the request of the City. 3.5.2 Confidential Information of Proponent A proponent should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the City. The confidentiality of such information will be maintained by the City, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by the City to advise or assist with the Request for Proposals process, including the evaluation of proposals. If a proponent has any questions about the collection and use of personal information pursuant to this Request for Proposals, questions are to be submitted to the Request for Proposals Contact. Page 11 of 42 RFP2021-8 Economic Development Strategy 3.6 Procurement Process Non-binding 3.6.1 No Contract A and No Claims This procurement process is not intended to create and will not create a formal, legally binding bidding process and will instead be governed by the law applicable to direct commercial negotiations. For greater certainty and withoutlimitation: 1. this Request for Proposals will not give rise to any Contract A–based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and 2. neither the proponent nor the City will have the right to make any claims (in contract, tort, or otherwise) against the other with respect to the award of a contract, failure to award a contract or failure to honour a proposal submitted in response to this Request for Proposals. 3.6.2 No Contract until Execution of Written Agreement This Request for Proposals process is intended to identify prospective suppliers for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service will be created between the proponent and the City by this Request for Proposals process until the successful negotiation and execution of a written agreement for the acquisition of such goods and/or services. 3.6.3 Non-binding Price Estimates While the pricing information provided in proposals will be non-binding prior to the execution of a written agreement, such information will be assessed during the evaluation of the proposals and the ranking of the proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation or ranking or the decision of the City to enter into an agreement for the Deliverables. 3.6.4 Cancellation The City may cancel or amend the Request for Proposals process without liability at any time. 3.7 Governing Law and Interpretation These Terms and Conditions of the Request for Proposals Process (Part 3): (a) are intended to be interpreted broadly and independently (with no particular provision intended to limit the scope of any other provision); (b) are non-exhaustive and will not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and Page 12 of 42 RFP2021-8 Economic Development Strategy (c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. [End of Part 3] Page 13 of 42 RFP2021-8 Economic Development Strategy Appendix A – Form of Agreement Page 14 of 42 RFP2021-8 Economic Development Strategy Appendix B – Submission Form 1. Proponent Information Please fill out the following form, naming one person to be the proponent’s contact for the Request for Proposals process and for any clarifications or communication that might be necessary. Full Legal Name of Proponent: Any Other Relevant Name under which Proponent Carries on Business: Street Address: City, Province/State: Postal Code: Phone Number: Fax Number: Company Website (if any): Proponent Contact Name and Title: Proponent Contact Phone: Proponent Contact Fax: Proponent Contact Email: 2. Acknowledgment of Non-binding Procurement Process The Proponent acknowledges that the Request for Proposals process will be governed by the terms and conditions of the Request for Proposals, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal, legally binding bidding process (and for greater certainty, does not give rise to a Contract A bidding process contract), and that no legal relationship or obligation regarding the procurement of any good or service will be created between the City and the proponent unless and until the City and the proponent execute a written agreement for the Deliverables. 3. Ability to Provide Deliverables The Proponent has carefully examined the Request for Proposals documents and has a clear and comprehensive knowledge of the Deliverables required. The Proponent represents and warrants its ability to provide the Deliverables in accordance with the requirements of the Request for Proposals for the rates set out in the completed Pricing Form (Appendix C). Page 15 of 42 RFP2021-8 Economic Development Strategy 4. Non-binding Pricing The Proponent has submitted its pricing in accordance with the instructions in the Request for Proposals and in the Pricing Form (Appendix C). The Proponent confirms that the pricing information provided is accurate. The Proponent acknowledges that any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact the acceptance of its proposal or its eligibility for future work. 5. Addenda The Proponent is deemed to have read and accepted all addenda issued by the City prior to the Deadline for Issuing Addenda. The onus is on Proponent to make any necessary amendments to their bid based on the addenda. The Proponent is requested to confirm that it has received all addenda by listing the addenda numbers, or if no addenda were issued by writing the word “None”, on the following line: ____________________________. 6. No Prohibited Conduct The Proponent declares that it has not engaged in any conduct prohibited by this Request for Proposals. 7. Conflict of Interest For the purposes of this Request for Proposals, the term “Conflict of Interest” includes, but is not limited to, any situation or circumstance where: (a) in relation to the Request for Proposals process, the Proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the City in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the Request for Proposals process (including but not limited to the lobbying of decision makers involved in the Request for Proposals process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive Request for Proposals process or render that process non-competitive or unfair; or (b) in relation to the performance of its contractual obligations under a contract for the Deliverables, the Proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. For the purposes of section (a)(i) above, the Proponent should disclose the names and all pertinent details of all individuals (employees, advisers, or individuals acting in any other capacity) who (a) participated in the preparation of the proposal; and (b) were employees of the City, twopointO partners inc., Cusham &Wakefield Asset Services or Page 16 of 42 RFP2021-8 Economic Development Strategy their subsidiaries and affiliated companies within twelve (12) months prior to the Submission Deadline. If the box below is left blank, the Proponent will be deemed to declare that (a) there was no Conflict of Interest in preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the Request for Proposals. Otherwise, if the statement below applies, check the box. The Proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the Proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the Request for Proposals. If the Proponent declares an actual or potential Conflict of Interest by marking the box above, the proponent must set out below details of the actual or potential Conflict of Interest: 8. Disclosure of Information The Proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or by order of a court or tribunal. The Proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the City to the advisers retained by the City to advise or assist with the Request for Proposals process, including with respect to the evaluation this proposal. Signature of Witness Signature of Proponent Representative Name of Witness Name of Proponent Representative Title of Proponent Representative Date I have the authority to bind the Proponent. Page 17 of 42 RFP2021-8 Economic Development Strategy Appendix C – Pricing Form 1. Instructions on How to Complete Pricing Form (a) Rates must be provided in Canadian funds, inclusive of all applicable duties and taxes except for Harmonized Sales Tax, which should be itemized separately. (b) Rates quoted by the proponent must be all-inclusive and must include, but not be limitd to, items such as: all labour and material costs, all travel and carriage costs, all insurance costs, all costs of delivery, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overhead, including any fees or other charges required by law. 2. Evaluation of Pricing Pricing is worth 15 points of the total score. Pricing will be scored based on a relative pricing formula using the rates set out in the Pricing Form. Each proponent will receive a percentage of the total possible points allocated to price, which will be calculated in accordance with the following formula: lowest price ÷ proponent′s price × weighting = proponent′s pricing points Proponents shall complete the following pricing table, including all disbursements and travel: Page 18 of 42 RFP2021-8 Economic Development Strategy Pricing Table #1 – Description of Work Unit Price Extension Phase 1: Stakeholder Engagement $ Phase 2: Market analysis $ Phase 3: Economic Development Strategy $ Phase 4: Council Report and Presentation $ Bi-Weekly Progress Meetings (12 Meetings) $ $ Subtotal $* HST (13%) $ Total $ * This value will be used for evaluation. Page 19 of 42 RFP2021-8 Economic Development Strategy Pricing Table #2 – Professional Fees Proponents to provide hourly rates for work provided outside of the lump sum included above: Position Title Hourly Rate $ $ $ $ $ $ Pricing Table #3 – Additional Activities Activity Unit Cost $ $ $ $ $ $ $ $ Pricing Tables #2 and #3 are not a consideration of award. Page 20 of 42 RFP2021-8 Economic Development Strategy Appendix D -Proposal Particulars A.The Deliverables Background Situated along the western edge of Durham Region, Pickering borders the City of Toronto, Markham, and Rouge National Park, as well as touches the lakefront of Lake Ontario. With an emerging downtown and exciting opportunities for growth in the northern areas of the city, Pickering is steeped with natural beauty, while offering modern amenities and conveniences. City of Pickering offers residents a high quality of life along with employment opportunities from a diverse range of employers. With an estimated population of over 95,000 people and 35,000 jobs, Pickering is projected to grow to 190,000 people by 2031. Pickering is also home to a variety of national and international companies. Key sectors for the City include EN3 (energy, engineering and environment), advanced manufacturing, and logistics. Through Pickering’s proximity to Toronto and York, businesses and residents have access to a large market within its commuter shed. Competitive business tax rates, vibrant business infrastructure and a healthy, growing economy make the City a leader for future investment. Pickering has an outstanding inventory of lands to choose from, and a diverse, innovative and educated workforce. The City is centrally located in proximity to some of the largest post-secondary education institutions in the province and within Canada's largest labour market of over 6 million people with an hour commute. Pickering is served locally by 5 Universities and 6 Colleges, including University of Toronto and Ontario Tech University. Durham College delivers over 130 market driven programs and is home to the Skills Training Centre and the Mixed Reality Capture Studio. Pickering is located at the heart of Canada’s largest labour and business market. Served by an integrated transportation network, Pickering provides time-saving access to major markets across North America. Five US border crossings are less than a day’s journey from Pickering. The City offers excellent access to an integrated transportation network of high capacity roads, railways, a seaport and proximity to 3 airports. High speed telecommunication systems keep our businesses connected to the global economy. Pickering is in major transition with new growth targets set for our City Centre where an iconic, enclosed pedestrian bridge connects commuters into the hub of our business centre. Along with the redevelopment of Kingston Road, Pickering’s downtown core will be revitalized. The new community of Seaton has shovels in the ground, as we get set to welcome 70,000 new residents and 35,000 new jobs. Additionally, the Pickering Innovation Corridor boasts 800 acres of greenfield, prestige employment land. Strategically located along a limited access transportation route, these lands are directly adjacent to the site of the anticipated Pickering Airport. Furthermore, the planning for decommissioning of the Pickering Nuclear Generating Station is underway, bringing international opportunities. Page 21 of 42 RFP2021-8 Economic Development Strategy Residents and businesses alike applaud the cultural diversity enjoyed in Pickering. Pickering is home to urban markets, while offering the peace and quiet of the countryside just minutes away. Whether it is nature trails, sports and entertainment, shopping or restaurants, or a vibrant waterfront, Pickering has something for everyone. Scope of Work The overall responsibility and scope of work for the consultant is to prepare an actionable and measurable Economic Development Strategy (“the strategy”) for the City of Pickering containing goals, objectives, and implementation actions with financial implications. The consultant will also provide facilitation services during the public outreach and stakeholder engagement process. The consultant, with the support from staff, Council and stakeholders as applicable, shall develop a strategic roadmap to:  Build and sustain collaborative partnerships with all entities involved in improving the City’s economy, workforce development and business expansion, attraction and retention.  Further develop the community development brand.  Include initiatives to support Covid-19 small business recovery.  Sector development and support activities. o Identify sector development activities and support for priority industries: manufacturing, logistics, health care, food/ agriculture and professional services. o Develop framework to create/support a small business and entrepreneurship centre in collaboration with community stakeholders. o Identify economic opportunities related to Federal Pickering Lands. o Identify marketing and social media engagement opportunities  Undertake a Business Retention & Expansion study and Business Investment and Attraction study as part of the overall Economic Development Strategy.  Identify marketing opportunities for Pickering’s shovel ready land inventory. Phase 1: Stakeholder Enagagement Develop and complete a stakeholder engagement and consultation exercise in developing the strategy that must include stakeholder interviews, and online community survey. General engagement will take place through the Let’s Talk Pickering website. Interviews will be required with relevant staff, management, Council, partnership agencies (Ajax-Pickering Board of Trade, Infrastructure Ontario, Region of Durham Economic Development, Toronto Global), and select businesses. Phase 2: Conduct a market analysis Identify, review and analyze existing Pickering demographic and socioeconomic data, studies, surveys, labour force characteristics and other key economic data. Additionally, identify key demographic and employment trends and forecasts, social factors, economic factors and financial indicators. This task should include preparation of Page 22 of 42 RFP2021-8 Economic Development Strategy market study of the City’s commercial and industrial sectors and a community profile. Furthermore, understand the role and performance relative to the Greater Toronto Area. Identify the communities’ assets and competitive advantages, with proposed activities and programs to incorporate these assets and advantages into an overall Economic Development Strategy. This task should include a Strengths, Weaknesses, Opportunities and Threats (SWOT) or SWOT-style analysis of the City of Pickering. Review and analyze local by-laws, policies, processes and regulations providing recommendations on making adjustments, where necessary and appropriate, to support sustainable economic growth and diversification (including but not limited to zoning in employment lands and review of development charges). Investigate potential partnerships (private and public) and in particular the role of Provincial and Federal governments and related advocacy. Phase 3: Economic Development Strategy Prepare an initial draft and a final version of the Economic Development Strategy setting forth strategic goals and objectives to take advantage of the opportunities within and surrounding the City of Pickering. These strategic goals and priorities must be clearly defined supported by measurable action plans to include objective, action item(s), timeline, lead, partners, measurement for success and financial implications. The action plan should include implementation actions ranking from low to high priority with financial implications for each. Additionally, goals and objectives must be specific, measurable, attainable, relevant, and time-based. a. Propose a phased strategy for addressing investment attraction, expansion and retention with an action plan centering on effective lead generation; business development; and execution during the near-term and longer term; b. Advise what needs to be done, and gauge what realistically can be done to strengthen competitiveness through coordinated strategy; and c. Should include mandates for Pickering partners for joint or collaborative Economic Development activities and for independent Economic Development activities. The Consultant will submit a draft Economic Development Strategy report to the City by or before February 1, 2022 for review by the Economic Development and Strategic Initiatives Department and will make appropriate changes as a result of input from attendees. Should a second draft be required, it will be at the cost of the consultant unless otherwise agreed to by the City. The Consultant will submit ten bound copies of the final Economic Development Strategy and an electronic version in PDF and Microsoft Word format to the City by or Page 23 of 42 RFP2021-8 Economic Development Strategy before May 2022 along with all invoices. In addition, an executive summary of the final report in electronic version will also be submitted. Additional Goals The Economic Development Strategy should have the following general goals: 1. Ensure a strategy for supporting the expansion of existing industry/businesses, attraction of new industry/businesses is included within the project scope. 2. Develop realistic and results-oriented indicators and performance criteria and process for collecting and reporting results on progress against key goal, objectives and targets. 3. Position the City of Pickering to effectively compete and anticipate future development needs. 4. Increase the City’s revenues to support needed services. Phase 4: Council Report and Presentation The vendor will provide an informational report and presentation to Council outlining the process to date, the overall guiding goals and objectives for the Economic Development Strategy. The purpose of this task is also to answer any questions members of Council may have regarding the study process and recommendations. Page 24 of 42 RFP2021-8 Economic Development Strategy Anticipated Project Schedule Draft Report: February 1, 2022 Final Report: May 1, 2022 Consultant Responsibilities a) The Consultant shall assist City staff at meeting of Council or Committees of Council to present or discuss the study’s key findings and recommendations at the completion of the strategy. b) Any documents provided such as a presentation of the study findings or final report to Council, must be made available in an accessible format compliant with Provincial legislation (AODA) and standards. Studies, reports, plans and presentations that will be published on the City of Pickering website must be provided to the City in an accessible format compatible to Adobe Acrobat XI or higher. All contractors performing work for the City must comply with the Accessibility for Ontarians With Disabilities Act, 2005 (“AODA”), in particular the Integrated Accessibility Standards, O. Reg. 191/11. Unless determined by the City to not be practicable, contractors shall ensure that any information, products, deliverables and/or communications (as defined in the Integrated Regulation) produced pursuant to a contract shall be in conformity with World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and shall be provided in accessible Word, Excel, PowerPoint, PDF etc. Visit ontario.ca for rules on how to comply. Materials produced must comply with the City’s Creating Accessible Documents Procedure. c) Consultant shall attend progress meetings with Economic Development staff on a bi-weekly basis. Proponents to include 12 meetings in their submitted pricing. d) The Consultant shall be responsible for recording, typing and distributing minutes of any meetings, including but not limited to stakeholder engagement meetings and progress update meetings. e) The Consultant shall provide a detailed work program, schedule and fees as part of the response to this RFP. Page 25 of 42 RFP2021-8 Economic Development Strategy B. Material Disclosures The material disclosures that apply to this Request for Proposals, if any, are set out below. Not applicable for this RFP. The pre-conditions of award that apply to this Request for Proposals are set out below. 1. The Proponent agrees to provide to the City for review after closing: (a) a copy of the City’s Health & Safety Regulations form currently dated and signed; (b) a certificate of insurance completed by the Company’s agent, broker or insurer; and (c) such further information as the City may require, as requested in writing. Items (a) and (b) do not have to be submitted with the proposal. Documentation (a) and (b) shall be provided within three (3) business days of written request by the City. The City’s findings shall be used to serve the best interests of the Corporation of the City of Pickering. C. Mandatory Technical Requirements The mandatory technical requirements that apply to this Request for Proposals, if any, are set out below. Not applicable fo this RFP. Page 26 of 42 RFP2021-8 Economic Development Strategy D. Rated Criteria The following is an overview of the categories and weighting for the rated criteria of the Request for Proposals. Proponents who do not meet a minimum threshold score for a category will not proceed to the next stage of the evaluation process. Rated Criteria Category Weighting (Points) D.1 Company Experience and Qualifications 15 points D.2 Proposed Team Experience and Qualifications 25 points D.3 Methodology & Delivery 30 points D.4 Project Organization and Governance 15 points Total Rated Criteria Points 85 D.5 Pricing 15 points Total Rated Criteria Points 100 D.6. References Pass/Fail D.7 Presentation (Up to 3 Proponents, if required) 25 points Total Points 125 points Suggested Proposal Content for the Evaluation of Rated Criteria D.1 Company Experience and Qualifications Each proponent should provide the following in its proposal: (a) a brief description of the proponent; (b) a description of the goods and services the proponent has previously delivered and/or is currently delivering, with an emphasis on experience relevant to the Deliverables; (c) the roles and responsibilities of the proponent and any of its agents, employees and sub-contractors who will be involved in providing the Deliverables, together with the identity of those who will be performing those roles and their relevant respective expertise; and (d) a description of how the proponent will provide the Deliverables, which should include a work plan and incorporate an organizational chart indicating how the proponent intends to structure its working relationship with the City. D.2 Proposed Team Experience and Qualifications It is important that the Work be provided by a staff team that can demonstrate knowledge of, and experience in providing similar services for projects of comparable Page 27 of 42 RFP2021-8 Economic Development Strategy nature, size and scope. In particular, the Proponent should provide an overview of the key personnel who would be primarily involved in the project and include the following: a) The name, title, past work experience, resume of the Project Leader; b) Condensed resumes and professional credentials of each individual on the Project Team that highlights their education, training, and work history; c) The respective roles of the team members and their current office locations. Team members named in this RFP cannot be replaced without written approval from the City of Pickering and the Project Manager d) Schedule that aligns with the milestones identified in this RFP; and e) Organizational chart that clearly defines the chain of command for each individual with the team. D.3 Methodology & Delivery The Proposal shall include information that provides: a) Information that the Proponent understands the objectives and requirements of this project; b) Identification of “value-added” services brought by the Proponent; c) Stakeholder Engagement Program; d) An indication of how soon the Proponent can commence the work; e) A detailed work plan indicating the method, tasks, deliverables; f) A schedule that identifies Work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (draft report, final report) in the Proponent’s detailed work plan; g) Proposed staffing roles and the amount of time, shown in hours, they will be dedicated to this project; and h) State the assumptions regarding the roles and involvement of the City staff. D. 4 Project Organization and Governance The Proponent should provide suggestions in the proposal on project governance, which at a minimum must include:  Stakeholder engagement  Participating and collaborating with steering committee  Outline milestones of the study  Proposed work schedule including delivery of report and presentations to Economic Development Services D. 5 Pricing Proponents shall refer to Appendix C for pricing requirements and evaluation. D.6 References Page 28 of 42 RFP2021-8 Economic Development Strategy Each proponent is requested to provide three (3) references from clients who have obtained goods or services with similar scope and value to those requested in this Request for Proposals from the proponent in the last 5 years. D. 7 Presentation Up to a maximum of three of the top-ranked Proponents may be selected to present an overview of their Proposal to the City followed by a question period at a mutually agreeable date/time at City of Pickering, City Hall. The presentation should address a brief overview of the proponents RFP submission, highlighting community engagement techniques, an overview of the Gantt chart, and any value-added services available. The City reserves the right to ask follow-up questions regarding a Proponent’s RFP submission or presentation. Page 29 of 42 RFP2021-8 Economic Development Strategy Amendments to City of Pickering Standard Quotation Terms and Conditions The following terms are in addition to the City’s Standard Quotation Terms and Conditions attached herein. Pursuant to Standard Quotation Terms and Conditions, Item 16 - Insurance: The Company shall maintain and pay for Comprehensive General Liability Insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than five million ($5,000,000.00) dollars inclusive per occurrence; an automobile insurance under a standard automobile policy with limits no less than two million ($2,000,000) per occurrence in respect of each Company owned or leased licensed vehicle; and a Professional Liability with limits no less than five million ($5,000,000) per occurrence. (a) The policy shall include The Corporation of the City of Pickering, as additional insured without subrogation in respect of all operations performed by or on behalf of the Company. (b) The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. (c) If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $5,000,000.00 for Comprehensive General Liability Insurance, and $2,000,000.00 dollars for automotive liability insurance at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. (d) At the request of the City, the Company is to provide proof that all premiums on policy(ies) have been paid. (e) The Certificate of Insurance “form” does not have to be included with the quotation submission. Page 30 of 42 RFP2021-8 Economic Development Strategy City Of Pickering Standard Quotation Terms and Conditions 1. Definitions City -The Corporation of the City of Pickering, its successors and assigns. Company -The person, firm or corporation to whom the City has awarded the Contract, its successors and assigns. Contract -The purchase order authorizing the Company to do the work, the quotation, the bonds or security (if any), the Company's quotation and change notices, appendices, and addenda (if any). Subcontractor -A person, firm or corporation having a Contract with the Company for any part of the work. Quotation Document -The documents issued by the City in response to which quotations are invited for the performance of Work. Work -All labour, materials, products, supplies, goods, articles, equipment, fixtures, services, acts, required to be done, furnished or performed by the Company, which are the subject of the Contract. 2. Contract Documents and Order of Precedence The contract documents shall consist of the purchase order; and the Company's quotation accepted by the City. The documents and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. Amendments to the Contract, in the form of purchase order alterations, shall take precedence over the documents or portions thereof amended thereby. Purchase order alterations, appendices and addenda to any contract document shall be considered part of such document. The intent of the contract is that the Company shall supply work complete for a particular purpose, be fit and suitable for the City's intended use. None of the conditions contained in the Company’s standard or general conditions of sale shall be of any 'effect unless explicitly agreed to by the City and set forth in the purchase order or specifically referred to therein. The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Page 31 of 42 RFP2021-8 Economic Development Strategy 3. Delivery Unless otherwise stated, the Work specified or called for in or under the quotation shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles, or equipment, shall accompany each delivery thereof. A receiver's receipt shall not bind the City to accept the Work, covered thereby, or the particulars of the delivery ticket or piece tally therefore. Unless otherwise stated, all work pursuant to a purchase order based on the quotation, shall be subject to inspection by the City at the point of unloading, or the site of work or service. The Company shall be responsible for arranging the Work so that completion shall be as specified in the Contract. 4. Pricing Requirement Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the quotation. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Payment shall be full compensation for all costs related to the Work, including operating and overhead costs to provide work to the satisfaction of the City. All prices quoted shall include applicable customs duty, excise tax, freight, insurance and all other charges of every kind attributable to the work. Harmonized Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Company intends to manufacture or fabricate any part of the Work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for custom purposes. Should any additional tax or duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario or any increase or decrease in the rate of foreign exchange become directly applicable to goods, material, articles or equipment specified or called for in this quotation subsequent to its submission by the Company and before the delivery of goods, material, Page 32 of 42 RFP2021-8 Economic Development Strategy articles or equipment or the completion of the work or services covered thereby, pursuant to a purchase order issued by the City, the appropriate increase or decrease in the price of such goods, material, articles or equipment, shall be made to compensate for such changes as of the effective date thereof. 5. Terms of Payment Payments made hereunder, including final payment, shall not relieve the Company from its obligations or liabilities under the Contract. Acceptance by the Company of the final payment shall constitute a waiver of claims by the Company against the City, except those previously made in writing in accordance with the Contract and still unsettled. The City shall have the right to withhold from any sum otherwise payable to the Company such amount as may be sufficient to remedy any defect or deficiency in the Work, pending correction of it. Invoices shall be forwarded via mail to: The Corporation of the City of Pickering Attn: Accounts Payable Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 or via email to: accountspayable@pickering.ca 6. Patents and Copyrights The Company shall, at its expense, defend all claims, actions or proceedings against the City based on any allegations that the Work or any part of the Work constitutes an infringement or any patent, copyright or other proprietary right, and shall pay to the City all costs, damages, charges and expenses, including its lawyer’s fees on a solicitor and his own client basis occasioned to the City by reason thereof. The Company shall pay all royalties and patent licence required for the Work. If the Work or any part thereof is action or proceeding held to constitute an infringement, the Company shall forthwith either secure for the City the right to continue using the Work of shall at the Company’s expense, replace the infringing Work with non-infringing work or modify it so that the Work no longer infringes. Quotations for equivalents may be considered but the mark or brand thereof must be specified. Page 33 of 42 RFP2021-8 Economic Development Strategy 7. Assignment The Company shall not assign the Contract or any portion thereof without the prior written consent of the City. 8. Laws and Regulations The Company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The Company shall be responsible for ensuring similar compliance by its suppliers and Subcontractors. The Company shall comply with all Federal, Provincial and Municipal statutes, regulations and by-laws whether or not specified and/or shown on drawings, obtain all permits and notices as may be required for the work. The Company shall be responsible for ensuring similar compliance by its suppliers and Subcontractors. All fees, taxes, duties and other expenses related thereto shall be the responsibility of the Company. No additional costs to the City will be incurred as a result of such undertakings. 9. Correction of Defects If at any time prior to one year after the actual delivery date or completion of the Work, (or specified warranty/guarantee period if longer than one year) any part of the Work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the Contract, the Company upon request, shall make good every such defect, deficiency or failure without cost to the City. The Company shall pay all transportation costs for Work both ways between the Company’s factory or repair depot and the point of use. 10. Default by Company (a) If the Company commits any act of bankruptcy or if a receiver is appointed on account of its insolvency or in respect of any of its property, or if the Company makes a general assignment for the benefit of its creditors; then, in any such case, the City may without notice, terminate the Contract. (b) If the Company fails to comply with any request, instruction or order of the City, or fails to pay its accounts, or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the Work, or fails to prosecute the Work with skill and diligence, or assigns or sublets the Contract or any portion thereof without the City’s prior written consent, or refuses to correct defective Work; or is Page 34 of 42 RFP2021-8 Economic Development Strategy otherwise in carrying out its part of any of the terms, conditions and obligations of the Contract, then, in any such case, the City may, upon written notice to the Company, terminate the Contract. (c) Any termination of the Contract by the City, as aforesaid, shall be without prejudice to any other rights or remedies the City may have and without incurring any liability whatsoever in respect thereto. (d) If the City terminates the Contract, it is entitled to: i take possession of all Work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the Work by whatever means the City may deem appropriate under the circumstances: ii withhold any further payments to the Company until completion of the work and the expiry of all obligations under the Correction of Defects Section; iii Recover from the Company loss, damage and expense incurred by the City by reason of the Company’s default (which may be deducted from any monies due or becoming due to the Company any balance to be paid by the Company to the City). (e) City reserves the right to not consider a company for an indeterminate period of time who has been terminated by the City or has been deemed by the City to have provided unsatisfactory Work, goods, services, or health and safety practises in accordance with the City’s Purchasing Policy. (f) The City reserves full discretion as to when Work, goods or services are deemed to be unsatisfactory and exercising its rights related thereto without liability or settlement. 11. Contract Cancellation The City shall have the right to cancel any uncompleted or unperformed portion of the Work or part thereof, upon providing written notice to the Company. The City shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the Work. 12. Quantities Where quantities are shown as approximate, they are not guaranteed to be accurate and are furnished without any liability on behalf of the City and shall be used as a basis for comparison only. Page 35 of 42 RFP2021-8 Economic Development Strategy Payment will be by the unit complete at the quoted rate on actual quantities deemed acceptable by the City. 13. Surety The Company shall, if the City in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the City. This surety may be held by the City until 60 days after the day on which all Work covered by the Contract has been completed and accepted. This surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the Company in carrying out the Work have expired or have been satisfied, discharged or provided for and that a clearance certificate from the Workplace Safety & Insurance Board has been issued. Failure to furnish the surety within two weeks from date of request thereof by the City shall make the award of the Contract by the City subject to withdrawal. 14. Workplace Safety & Insurance All of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board. The bidder shall provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project. A Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board is to provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 15. Liability The Company agrees to at all times defend, fully indemnify and save harmless the City from all actions, suits, claims and demands, losses, costs, charges and expenses arising by reason of injury or death to any person or any property or charges brought or made against or incurred by the City from or relating to the Work performed or to be performed herein. Page 36 of 42 RFP2021-8 Economic Development Strategy 16. Insurance Upon request by the City, the Company shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. (a) The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. (b) The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. (c) If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. 17. Unpaid Accounts The Company shall indemnify the City from all claims arising of the unpaid accounts relating to the Work. The City shall have the right at any time to require satisfactory evidence that the Work of which any payment has been made or is to be made by the City is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 18. Suspension of Work The City may without invalidating the Contract, suspend performance by the Company from time to time of any port or the whole of the work for such reasonable time as the City may determine. The resumption and completion of the Work after the suspension shall be governed by the schedule established by the City. 19. Changes in the Work The City may, without invalidating the contract, direct the Company to make changes to the Work. When the change causes the increase or decrease in the Work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease Page 37 of 42 RFP2021-8 Economic Development Strategy 20. Accessibility Regulations for Contracted Services In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Sect. 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service providers policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: (a) How to interact and communicate with persons with various types of disability (b) How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person; (c) How to use equipment that is available on the premises that may help in the provision of goods or services; (d) What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services; and Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. A Company dealing with members of the public on behalf of the City of Pickering or engaged in Work for the City must meet the requirements of Ontario Regulation 429/07 with regard to training. A document describing the training policy, a summary of the contents of the training and details of training dates and attendees will be requested within 2 to 3 days of the closing date and must be submitted to the City, generally within two (2) days from time of request. If not available, the on-line training module set up by the Ministry of Community Services and Social Services – Access Canada – http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html shall be completed by the Company, who will need to be trained prior to any Work is undertaken for the City. At the end of the training module, Company to print the Certificate of Completion and provide it to the City as instructed. 21. Statement of Understanding The Company agrees the quotation it submitted was made without connection, knowledge, comparison of figures, or arrangements with any persons submitting a quotation and it is in all respect fair and without collusion or fraud. The Company agrees that no member of City Council or any officer of the Municipal Corporation is, shall be or become interested, directly or indirectly in, or in the performance of the contract, or in the business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived there from. Page 38 of 42 RFP2021-8 Economic Development Strategy 22. Freedom of Information The Company acknowledges that any quote submitted shall become a record belonging to the City of Pickering and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act. This provincial law gives individuals, businesses and other organizations a legal right to request records held by the City, subject to specific limitations. The Company should be aware that it is possible that any records provided to the City, including but not limited to, pricing, technical specifications, drawings, plans, audio-visual materials or information about staff, parties to the bid or suppliers could be requested under this law. Records relating to the contract could possibly be released under MFIPPA. If the Company believes that all or part of the quote should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the City in making a determination on release if a request is made. The identity of all companies, as well as total prices, may be available to the public subject to the City’s Purchasing Policy. 23. Respect in the Workplace The Company shall ensure all employees undertaking the work of this contract are respectful to City employees and residents. City Policy No. HUR 070, Respect in the Workplace, is applicable to contractors, as identified in Section 05 of the Policy. Page 39 of 42 RFP2021-8 Economic Development Strategy Appendix E – Reference Form Proponents must provide three (3) references from clients who have obtained similar goods or services to those requested in the RFP from the Proponent in the last five (5) years. Reference #1 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: Reference #2 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: Reference #3 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: State the number of years your Company has been in business: ________ *Information received on this form and obtained from reference checks will be considered during evaluations and will be used to serve the best of interests of the City and no liability shall accrue to the City from such an undertaking and all decisions derived therefrom.* **A Reference Summary on This Page or Other Paper Stock Must Be Completed and Submitted With The Proposal** Page 40 of 42 RFP2021-8 Economic Development Strategy Certificate of Insurance Proof of liability insurance will be accepted on this form. If a facsimile has been transmitted, the original certificate must follow. This form must be completed and signed by your insurance broker. This is to certify that the policy(ies) of insurance described below have been issued to the insured for the policy period indicated. Name of Insured: Street Address of Insured: Telephone Number of Insured: City Postal Code Location and Operations of Insured for which Certificate is issued: All Operations Performed For The City of Pickering Automobile Liability Insurance Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry Date D/M/Y D/M/Y Automobile liability insurance covering third party damage and bodily injury liability (including accident benefits) as may be required by applicable laws arising out of any vehicle owned in whole or in part and licensed in the name of the insured, including all vehicles leased on a long term basis, in connection with this contract. Professional Liability Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry Date D/M/Y D/M/Y Commercial General Liability Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry date D/M/Y D/M/Y Page 41 of 42 RFP2021-8 Economic Development Strategy Commercial General Liability is extended to include Personal Injury Liability, Contractual Liability, Non-Owned Automobile Liability, Owner’s and Company’s Protective Coverage, Products-Completed Operations, Contingent Employer’s Liability, Cross Liability Clause and Severability of Interest Clause. With respect to the Commercial General Liability, The City of Pickering has been added as an Additional Insured without subrogation but only with respect to its interest in the operations of the named insured. The Commercial General Liability Policy(ies) identified above shall protect each insured in the same manner and to the same extend as though a separate policy has been issued to each, but nothing shall operate to increase the Limits of Liability as identified above beyond the amount or amounts for which the Company would be liable if there had been only one Insured. The policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to The Corporation of the City of Pickering. If cancelled or changed so as to reduce the coverage as outlined on this certificate, during the period of coverage as stated herein, thirty (30) days, prior written notice by registered mail will be given by the Insurer(s) to: The Corporation of the City of Pickering Corporate Services Department One The Esplanade Pickering, Ontario L1V 6K7 Phone: 905.420.4634 Fax: 905.420.5313 I certify that the insurance is in effect as stated in this certificate and that I have authorization to issue this certificate for and on behalf of the insurer(s). Date: Name, Address, Fax and Telephone Number of Insurance Broker: Signature of Authorized Representative or Official: Mailing Address of Insurance Broker: Print Name of above Authorized Representative or Official: ***This Information Does Not Have To Be Submitted With The Proposal*** Page 42 of 42 Attachment #2 to Report CAO 07-21 Memo To: Marisa Carpino Director, Office of the CAO September 16, 2021 From: Lisa Chang Buyer, Supply & Services Copy: Administrative Assistant, Office of the CAO Manager, Supply & Services Subject: Proposal No. RFP2021-8 Economic Development Strategy Closing Date: September 15, 2021 at 12:00 pm -File: F-5300-001 Terms of Reference for Economic Development Strategy was advertised on the City’s website on August 20, 2021. Nine companies have submitted a proposal. CQNS is rejected in accordance with Invitation and Submission Instructions, item 1.5.1 and 1.5.2. Stage I – Mandatory Submission Requirements – determines which submissions satisfy all the mandatory submission requirements and provides Proponents the opportunity to rectify deficiencies. Three Proponents rectified deficiencies in their submission within the rectification period. Eight proposals proceed to Stage II – Evaluation. Proposals are attached for evaluation along with the evaluation criteria included in the RFP document. Each member of the evaluation committee shall independently review and score the submissions on the basis of the rated criteria outlined in Terms of Reference, Part 2, Item D – Rated Criteria and sign the evaluation form. Attachments: 1. Evaluation Form 2. Evaluation Criteria 3. Eight Proposals Evaluation committee members shall forward the completed evaluation forms to Lisa Chang. In accordance with Purchasing Procedures 14.02 Item 17, committee members’ scores for each Respondent will be totaled to establish an average score. A summary of average scores will be prepared by Supply & Services for review and discussion at a meeting set up for the evaluation committee, if required. Please direct all enquiries to Supply & Services. Respondents will be advised of the outcome when the contract has been awarded. If you require further information, please contact me, or a member of Supply & Services. LC Attachment #3 to Report CAO 07-21 Memo To: Marisa Carpino Director, Office of the CAO October 15, 2021 From: Lisa Chang Buyer, Supply & Services Copy: Administrative Assistant, Office of the CAO Manager, Supply & Services Subject: Proposal No. RFP2021-8 Economic Development Strategy Closing Date: September 15, 2021 at 12:00 pm -File: F-5300-001 Further to memo dated September 16, 2021, eight proposals proceeded to Stage II evaluation. The Evaluation Committee, consisting of City Staff from Economic Development, conducted independent evaluations of the proposals. A summary of average scores is completed and a copy is attached. In accordance with Item 2.5 Stage IV – Ranking and Contract Negotiations, all scores from Stage II and Stage III have been added together, the proponents have been ranked based on their total scores, and may be selected to attend an interview in Stage IV. Interviews were conducted with the top three proponents. EBP US, Inc. is the highest ranking proponent in the amount of $77,389.04 plus HST. A budget of $100,000 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Part B. Material Disclosures, Item 1, as a pre-condition of award, the selected proponent, EBP US, Inc. will be required to provide the following documents for review: (a) A copy of the City’s Health and Safety Policy form currently dated and signed; (b) The City’s certificate of insurance or approved alternative form shall be completed by the Proponent’s agent, broker or insurer. Please advise if we are to proceed with this task. In accordance with Purchasing Policy Item 10.04, where written proposals are obtained by the Manager in accordance with procedures set out in Section 06 and funds are available in the approved budget: (c) An award over $50,000 is subject to the additional approval of Council. Please include the following items in your Report to Council: 1. if Items (a) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (b) is acceptable to the Manager, Budgets & Internal Audit; 3. any past work experience with the highest ranking proponent EBP US, Inc. including work location; 4. the appropriate account number(s) to which this work is to be charged; 5. the budget amount(s) assigned thereto; 6. Treasurer’s confirmation of funding; 7. related departmental approvals; and 8. related comments specific to the project. Upon receiving Council’s approval, an approved requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponents will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. lc attachments Page 2 of 2