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
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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.
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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]
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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.
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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
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agreement is finalized and executed by the City and a proponent, the other proponents
will be notified of the outcome.
[End of Part 2]
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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
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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.
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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
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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.
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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
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(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]
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Appendix A – Form of Agreement
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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).
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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
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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.
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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:
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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,
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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.
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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
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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.
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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.
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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
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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.
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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.
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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**
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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
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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
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