the corporation of the town of ... - town of bracebridge

The Corporation of the Town of Bracebridge

Request For Proposal 2019-TOB-RFP-008 Sponsorship, Naming Rights and Advertising Services

for a New Multi-Use Community Centre and Existing Bracebridge Sportsplex

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THE CORPORATION OF THE TOWN OF BRACEBRIDGE

REQUEST FOR PROPOSAL (RFP) FOR

SPONSORSHIP, NAMING RIGHTS AND ADVERTISING SERVICES FOR A NEW MULTI-USE COMMUNITY CENTRE AND

EXISTING BRACEBRIDGE SPORTSPLEX Reference No. 2019-TOB-RFP-008

RFP Issue Date: August 7, 2019

RFP Closing Date and Time: September 12, 2019 by 2:00 p.m. EST

Receipt of Respondent Questions

August 21, 2019 by 2:00 p.m. EST

Response to Respondent Questions

August 23, 2019 by 4:00 p.m. EST

Contact: Cindy O’Regan, Director of Recreation [email protected]

Submission email address Electronic copy of the proposal to: [email protected]

Notice: Late submissions will not be accepted. The Town appreciates all proposal responses; however, only shortlisted or successful candidates will be contacted.




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Table of Contents Introduction and Background .................................................................................................................... 4 Scope of Services .................................................................................................................................... 5-7

2.0 Project Description ........................................................................................................................ 5 3.0 Respondent Responsibilities ......................................................................................................... 6 4.0 Respondent Scope of Services ..................................................................................................... 7

Instructions to Respondents ................................................................................................................ 8-35

5.0 Contents of Proposals ................................................................................................................... 8 6.0 Proposal Submission Format ........................................................................................................ 9 7.0 Proposal Evaluation Criteria ........................................................................................................ 11 8.0 Request for Proposal Schedule .................................................................................................. 12 9.0 Enquiries, Omissions, Discrepancies, Interpretation and Addenda ............................................ 12 10.0 Proposal Closing ....................................................................................................................... 13 11.0 Proposal Opening ...................................................................................................................... 13 12.0 Proposal Withdrawal or Resubmission ..................................................................................... 14 13.0 Proposal Award Procedures ..................................................................................................... 14 14.0 Informal or Unbalanced Proposals and Discrepancies ............................................................. 14 15.0 Acceptance or Rejection of Proposal ........................................................................................ 15 16.0 Requirements at Time of Execution .......................................................................................... 15 17.0 Governing Laws ........................................................................................................................ 16 18.0 Verification of Information.......................................................................................................... 16 19.0 Patents, Copyright or Other Proprietary Rights ........................................................................ 16 20.0 Health and Safety ...................................................................................................................... 16 21.0 Workplace Safety and Insurance Board.................................................................................... 16 22.0 Insurance ................................................................................................................................... 17 23.0 Regulation Compliance and Legislation .................................................................................... 18 24.0 Compliance with the Accessibility for Ontarians with Disabilities Act, 2005 ............................. 18 25.0 Freedom of Information ............................................................................................................. 18 26.0 Confidentiality ............................................................................................................................ 19 27.0 Indemnification .......................................................................................................................... 19 28.0 Conflict of Interest ..................................................................................................................... 19 29.0 Cancellation ............................................................................................................................... 19 30.0 Subconsultants .......................................................................................................................... 19 31.0 Respondents’ Expenses............................................................................................................ 20 32.0 Legal Claims and Damages ...................................................................................................... 20 33.0 Accuracy of Information ............................................................................................................. 20




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34.0 Solicitation ................................................................................................................................. 20 35.0 Publicity ..................................................................................................................................... 20

Appendices Appendix A –Studies and Plans ...................................................................................................... 21 Appendix B – Project Steering Committee Terms of Reference .................................................. 22 Appendix C – Respondents Declaration......................................................................................... 25 Appendix D – Form of Agreement (Draft) ....................................................................................... 26




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TERMS OF REFERENCE

1. INTRODUCTION AND PROJECT BACKGROUND: 1.1. Bracebridge is situated within the District Municipality of Muskoka and is known as “The

Heart of Muskoka” due to its location in the center of Muskoka. Bracebridge is located approximately two hours north of Toronto along Highway 11, a 4-lane highway connected directly to the 400 series of highways.

1.2. The population of Bracebridge is 16,010, according to 2016 Census results. Bracebridge has historically been a community with urban and rural areas that cater to people who wish to live in a small community or in a rural environment close to basic urban services. It offers its citizens a strong construction, hospitality, tourism and professional services sector along with diversified social, recreational and cultural resources.

1.3. The Town of Bracebridge (Town) is planning for the replacement of the Bracebridge Memorial Arena and Community Hall and the Bracebridge Public Library with a new combined Multi-Use Community Centre, which houses a Single Pad Arena, Community Hall and Public Library. At the same time, to meet existing and future community needs, a Multi-Use Field House, Concession/Café, Outdoor Playground, Trails and Open Spaces are being considered as part of this Multi-Use Community Centre.

1.4. The Town has completed a number of key planning and feasibility documents in regards to the planning for these key municipal facilities and these documents are included in Appendix “A” of this RFP.

1.5. On January 12, 2017, Bracebridge Town Council received the Bracebridge Arena, Recreation and Library Complex Concept Design, Feasibility Study and Order of Magnitude Costing prepared by MACLENNAN JAUNKALNS MILLER ARCHITECTS (MJMA) and directed staff to use the information contained within the study for future planning purposes for a Multi-Use Community Facility, including the development of operational business plans and a funding strategy. The MJMA study and Order of Magnitude Costing is included in Appendix “A”.

1.6. On September 20, 2017, Bracebridge Town Council authorized staff to proceed with co-locating the Bracebridge Public Library with a new Arena/Recreation Complex to be located on Salmon Avenue.

1.7. The Town is seeking to secure funding from upper levels of government to enable the Town to complete the construction of the Multi-Use Community Centre in a single phase.

1.8. While it is uncertain when the Town of Bracebridge may receive funding from upper

levels of government the Town is immediately proceeding with the Concept and Schematic Design Phases immediately for:

a) Option A - Single Development which includes a single pad arena, community hall, public library, multi-use field house, lobby, playground, trail, outdoor play space (on area retained for future second arena) and site work, and includes the repurposed Sportsplex Auditorium. In addition, to meet future community needs a future second ice arena needs to be considered as part of the Multi-Use Community Centre; or

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b) Option B - Partial Development which includes a single pad arena, community hall, lobby, playground, trail, outdoor play space and site work, and includes the repurposed Sportsplex Auditorium.

1.9. It is expected that at the end of the Concept and Schematic Design Phase (March/April, 2020) there will be a decision to proceed with Option A or Option B.

1.10. The Town of Bracebridge has retained Colliers Project Leaders to provide Project Management Services for the design, development and delivery of the Multi-Use Community Centre Project.

1.11. The Town of Bracebridge has established a Multi-Use Community Centre Steering

Committee. The Steering Committee’s provides advice for the development, design and construction of the MUCC. The Committee reports through the Recreation Department with recommendations to Council. The current Committee consists of the Mayor, three (3) members of Council, Bracebridge Public Library Chair, Town staff and the CEO of the Library. The Steering Committee is looking to establish a Community Fundraising Sub-Committee to undertake community fundraising efforts that work in collaboration with the sponsorship, naming rights and advertising services.

SCOPE OF SERVICES

2. PROJECT DESCRIPTION: 2.1. The Town is planning for the replacement of the Bracebridge Memorial Arena and the

Bracebridge Public Library with a new combined Multi-Use Community Centre which includes a single pad arena, community hall, public library, multi-use field house, lobby and site work. The new community hall will replace the existing Sportsplex auditorium which is located within the Bracebridge Sportsplex, resulting in the need to repurpose the existing Sportsplex auditorium

2.2. Presently the Town, without the assistance from upper levels of Government, will not complete the Multi-Use Community Centre as a single phase project.

2.3. While it is uncertain when the Town of Bracebridge may receive funding from upper levels of government, the Town is immediately proceeding with the Concept and Schematic Design Phases immediately for:

a) Option A - Single Development which includes a single pad arena, community hall, public library, multi-use field house, lobby, playground, trail, outdoor play space (on area retained for future second arena) and site work, and includes the repurposed Sportsplex Auditorium. In addition, to meet future community needs a future second ice arena needs to be considered as part of the Multi-Use Community Centre; and

b) Option B - Partial Development which includes a single pad arena, community hall,

lobby, playground, trail, outdoor play space and site work, and includes the repurposed Sportsplex Auditorium.

2.4. It is expected that at the end of the Concept and Schematic Design Phase (March/April, 2020) there will be a decision to proceed with Option A or Option B.

2.5. For either Option A or Option B the Town is looking to acquire sponsorship, naming rights, and advertising revenue for the new Multi-Use Community Centre and for the existing Bracebridge Sportsplex.




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2.6. The Class “D” budget estimate for design and construction of Option A – Single

Development is $48,842,241, plus applicable taxes and the cost to decommission the Bracebridge Memorial Arena.

2.7. The Class “D” budget estimate for design and construction of Option B – Partial Development is $29,883,052, plus applicable taxes and the cost to decommission the Bracebridge Memorial Arena.

2.8. The Town of Bracebridge is seeking a Sponsorship, Naming Rights and Advertising

Services Firm to assist with generating funding for the existing Bracebridge Sportsplex and the new Multi-Use Community Centre project as either: a) Option A - Single Development which includes includes a single pad arena,

community hall, public library, multi-use field house, lobby and site work, and includes the repurposed Sportsplex Auditorium; or

b) Option B - Partial Development which includes a single pad arena, community hall, lobby and site work, and includes the repurposed Sportsplex Auditorium.

2.9. The Town of Bracebridge has established a Multi-Use Community Centre Steering

Committee. The Steering Committee’s provides advice for the development, design and construction of the MUCC. The Committee reports through the Recreation Department with recommendations to Council. The current Committee consists of the Mayor, three (3) members of Council, Bracebridge Public Library chair, Town staff and the CEO of the Library.

2.10. The Multi-Use Community Centre Steering Committee is looking to establish a Community Fundraising Sub-Committee to undertake a community fundraising campaign. It is expected that the Respondent and the Multi-Use Community Centre Steering Committee Fundraising Sub-Committee will have defined roles and responsibilities to ensure efforts are coordinated.

3. RESPONDENT RESPONSIBILITIES: 3.1. The Town is seeking qualified firms or individuals that have experience and a proven

approach in the design, development and execution of pricing, packaging and selling sponsorships, naming rights, and advertising for municipal recreation facilities. The goal is to acquire sponsorship, naming rights, and advertising for the new Multi-Use Community Centre (MUCC) and the existing Bracebridge Sportsplex, subject to approval by Bracebridge Town Council.

3.2. The Respondent shall identify within its proposal submission, an individual who shall be the designated contact for sponsorship, naming rights and advertising services and this same individual shall be responsible for the delivery of all the services.

3.3. The Respondent, working on behalf of, and under the direction of, the Town of Bracebridge, will be the Town’s lead representative and is expected to provide leadership and expertise in the delivery of all phases and aspects of sponsorship, naming rights and advertising services for both the the new Multi-Use Community Centre and the existing Bracebridge Sportsplex.

3.4. The Respondent will report to the Chief Administrative Officer or designate and provide reports to the Project Team, Steering Committee and Town Council.




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4. RESPONDENT SCOPE OF SERVICES: Sponsorship, naming rights and advertising services will include, however, are not limited to, the items identified below: 4.1. Providing services beginning as soon as possible and performing the required services

throughout the duration of the project.

4.2. Reviewing existing opportunities and make recommendations on which Multi-Use Community Centre and the Bracebridge Sportsplex assets should be priced, packaged and sold.

4.3. Preparing a sponsorship, naming rights, and advertising plan for Town Council

approval.

4.4. Implementing the sponsorship, naming rights, and advertising plan.

4.5. Meeting regularly with Town staff to review action logs and status reports.

4.6. Assisting Town staff in the development of a Terms of Reference for the MUCC Steering Committee Community Fundraising Sub-Committee which addresses and outlines the roles and responsibilities of the MUCC in community fundraising efforts.

4.7. Working in collaboration/cooperation with the MUCC Steering Committee

Fundraising Sub–Committee.

4.8. Providing monthly progress reports to the MUCC Steering Committee and respond to questions and comments.

4.9. Preparing required sponsorship, naming rights, and advertising sales packages.

4.10. Developing prospect lists for approval by the Town of Bracebridge and selling the

identified assets.

4.11. Assisting Town staff in developing a media and communications strategy for sponsorship, naming rights and advertising recognition.

4.12. Developing the required letters of intent and associated agreements necessary to

secure sponsors, naming rights organizations and advertisers. Reviewing and approving these agreements will be the responsibility of Town staff, with advice from the Respondent.

4.13. Providing the Town of Bracebridge with the signed letters of intent and agreements

from sponsors, naming rights organizations and advertisers for naming rights, sponsorship and advertisement for execution by the Town.

4.14. Providing ongoing mentoring and coaching of Town staff to ensure sponsors remain long

term partners for the Town of Bracebridge.




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4.15. Upon completion of successful naming rights, sponsorship and advertising agreements, building a servicing/fulfillment program for Town staff.

INSTRUCTIONS TO RESPONDENTS

5. CONTENTS OF PROPOSALS: The Respondent will be required to provide:

5.1. The proposal should include the Respondent’s interpretation of the requirements of the project, together with a description of the approach planned to facilitate and carry out the project responsibilities and scope of services. In addition, the proposal should include:

5.1.1. A statement of experience and expertise in Sponsorship, Naming Rights, and Advertising Services for Municipal Recreation and Library facilities;

5.1.2. Details and examples that demonstrate experience and ability to undertake the tasks as outlined;

5.1.3. A list of all key personnel to be employed on the project (Project Team), with qualifications, relevant experience and role;

5.1.4. Demonstration of capability, capacity and experience in providing independent sponsorship, naming rights, and advertising services on three (3) comparable municipal projects.

5.1.5. Details of any sub-consultants to be employed on the project and the areas they will be responsible for.

5.1.6. Examples of three (3) recent, in past five (6) years, projects of a similar nature, with dates and references. The Town may contact any reference listed;

5.1.7. Two itemized fee estimates based on the design and construction of:

a) Option A – Single Development of the entire Multi-Purpose Community Centre, repurposed Sportsplex Auditorium and decommissioning of the existing Bracebridge Memorial Arena and

b) Option B – Partial Development which includes: the new arena, community hall, lobby and site work and repurposed Sportsplex Auditorium and decommissioning of the Bracebridge Memorial Arena.

5.1.8. Confirmation of insurance coverage;

5.1.9. Acknowledgement of receipt of all addenda on the Cover Letter; and

5.1.10. Completed Respondent’s Declaration form, attached as Appendix “C”.

5.2. Proposal Submission: Respondents shall submit one (1) digital copy in Adobe PDF format, marked with the Respondents name, title and the Project and RFP reference number to Cindy O’Regan, Director of Recreation at [email protected].




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6. PROPOSAL SUBMISSION FORMAT: 6.1. Respondents are required to provide a written response for each of the following items.

This information shall be submitted with the balance of the required documents provided by the Respondent however, it is essential that the document format be contained as one distinct section and, that it adheres exactly to the numbering, sequence and topics as those listed below.

6.2. This will enable the evaluation committee to perform a more effective review of submissions.

6.3. Failure to do so may eliminate the proposal from further consideration.

6.4. Respondents must include a completed Respondent’s Declaration form attached as Appendix “C”.

6.5. The Respondents proposal should be as concise as reasonably possible, and include, at a minimum, a response to each of the following items:

Cover Letter Company Name and Contact Information Acknowledge receipt of all addenda

Section 1 Company Overview

Clearly identify the prime firm submitting the proposal. Identify any other firms or individuals that may be involved (sub-contracted) on your behalf.

A brief overview of your firm, including years in service and other relevant information.

Section 2 Designated Project Lead and Project Team

Provide a one (1) page bio for the Project Manager and for each Support Staff that would be directly involved in the project, indicating experience, credentials and notable achievements in the area of this work assignment.

Section 3 Experience on Similar Projects

Project Lead experience - demonstration of capability, capacity and experience in providing sponsorship, naming rights and advertising services on at least three (3) comparable municipal recreation and library projects.

At least three (3) client reference that outlines previous sponsorship, naming rights and advertising services for projects of a similar nature, including recreation and library facilities, that have been successfully completed by your firm in the past six (6) years. This shall include the client names, contact name(s) and phone numbers, and project value.




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The Town reserves the right to contact these references, where appropriate. In the interest of fair and equitable consideration to all Respondents, please do not list the Town of Bracebridge as a reference for this section.

Note that each reference is not to exceed one letter sized (8.5”x11”) page in length.

Section 4 Project Understanding, Work Plan and Deliverables

Respondents are to confirm their understanding of the Project and Scope of Work and clearly define how they would go about achieving same, noting the Multi-Use Community Centre may be completed as either Option A – Single Development or Option B - Partial Development.

Describe your approach and indicate the methodologies used to achieve the scope of services for sponsorship, naming rights and advertising services as outline in section 4 of this RFP including workflow, reporting and assurance procedures.

Provide a detailed scope of work and deliverables which include details and examples that demonstrate experience, ability and roles and responsibilities.

Section 5 Project Timelines Approach

Provide an overview of your proposed timelines for both Option A – Single Development and Option B - Partial Development.

Section 6 Value Added

Respondents are to include any additional information regarding their firm and/or services that could prove beneficial to the evaluation team in assessing their proposal.

Include other considerations not covered in the RFP.

Section 7 Pricing

Provide pricing structure for Option A – Single Development and Option B – Partial Development.

Include all costs, including travel, disbursements and other applicable costs in your pricing.

Prices quoted in the proposal shall include excise tax, patent, import duty, foreign exchange, and all other charges. HST must be shown as a separate item.




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7. PROPOSAL EVALUATION CRITERIA: 7.1. Proposals will be evaluated based on, but not limited to, the following:

Section # Description % of Score

Section 1 Company Overview

• Company background and history

• Sub-consultants experience

5%

Section 2 Designated Project Lead and Project Team

• Experience and expertise of the designated Project Lead and Support Staff

• One (1) page bio for each of member of the Project Team

10%

Section 3 Experience on Similar Projects and Project Work Flow

• Project Lead Experience - demonstration of capability, capacity and experience in providing sponsorship, naming rights and advertising services on at least three (3) comparable municipal recreation and library projects.

• At least three (3) client reference that outline previous sponsorship, naming rights and advertising services for projects of a similar nature, including recreation and library facilities, that have been successfully completed by your firm in the past six (6) years. This shall include the client names, contact name(s) and phone numbers, and project value.

20%

Section 4 Project Understanding, Work Plan and Deliverables:

• Understanding of the project, scope of work and deliverables

• Describe your approach and indicate the methodologies used to achieve the scope of services for sponsorship, naming rights and advertising services as outline in section 4 of this RFP including workflow, reporting and assurance procedures.

• Innovation and thoughtfulness in work approach

• Provide a detailed scope of work and deliverables which include details and examples that demonstrate experience, ability and roles and responsibilities.

35%

Section 5 Project Timeline Approach

• Outline your approach to completing the Multi-Use Community Centre as either Option A – Single Development or Option B - Partial Development.

5%




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Section # Description % of Score

Section 6 Value Added

• Describe any unique contributions your organization can deliver to the Town.

• Identify any anticipated challenges to the project • Outline other considerations that are not covered in the RFP

10%

Section 7 Pricing

• Provide pricing structure for Option A – Single Development and Option B – Partial Development.

• Include all costs, including travel, disbursements and other

applicable costs in your pricing.

Prices quoted in the proposal shall include excise tax, patent, import duty, foreign exchange, and all other charges. HST must be shown as a separate item.

15%

7.2. The Town reserves the right to have short listed Respondents provide a brief thirty (30) minute presentation, in person or remotely, to help fully understand the respondents plan to address the scope of work and deliverables.

8. REQUEST FOR PROPOSAL SCHEDULE:

Task Date Issue Request for Proposal August 7th , 2019 EST Receipt of Respondent Questions Wednesday, August 21st, 2019 by 2:00p.m. EST Response to Respondent Questions Friday, August 23rd, 2019 by 4:00 p.m. EST Submission Deadline Thursday, September 12th, 2019 by 2:00 p.m. EST

Note: Although every attempt will be made to meet all dates, the Township reserves the right to modify any or all dates at its sole discretion.

9. ENQUIRIES, OMISSIONS, DISCREPANCIES, INTERPRETATIONS AND ADDENDA:

9.1. All enquiries concerning this RFP including specifications, process and results are to be directed in writing to the Attention of the Director of Recreation, [email protected] or on Biddingo.com by Wednesday, August 21st at 2:00 p.m.

9.2. Enquiries shall not be directed to any other Town employees. No enquiries will be accepted by telephone.

9.3. A transcript of the questions and answers (Addendum) will be posted on the Town of Bracebridge website and Biddingo.com on or before the date as listed above.

mailto:[email protected]




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9.4. The Town shall not be held liable for any errors or omissions in any part of this document. While the Town has used considerable efforts to ensure an accurate representation of information in this document, the information contained herein is supplied solely as a guideline for Respondents. The information is not guaranteed or warranted to be accurate by the Town, nor is it necessarily comprehensive or exhaustive. Nothing in the document is intended to relieve the Respondent from forming their own opinions and conclusions with respect to the matters addressed in this document.

9.5. Should a Respondent find omissions or discrepancies in any part of this document or should the Respondent be in doubt as to the meaning of any part of such documents, the Respondent shall notify the designated contact, [email protected] or Biddingo.com prior to August 21st, 2019 at 2:00 p.m EST. If the designated contact considers that a correction, explanation or interpretation is necessary or desirable an Addendum will be issued and posted on the Town of Bracebridge website and Biddingo.com.

9.6. Addenda, if required, will be issued and shall hereby form part and parcel of the said Project. Failure to acknowledge the Addendum/Addenda issued will result in a non-compliant submission. All Addenda should be posted on the Town of Bracebridge website or Biddingo.com on or before August 23rd at 4:00 p.m. It is the responsibility of the Respondent to have received all Addenda that have been issued by the Town. No oral explanation or interpretation will modify any of the requirements or provisions of the Documents.

9.7. The Town of Bracebridge will assume no responsibility for oral instructions or suggestions.

9.8. Please check the Town of Bracebridge website or Biddingo.com prior to submitting your Proposal submission for the number of addenda released and note in your cover letter.

10. PROPOSAL CLOSING:

10.1. Proposal submissions must be received by the Town of Bracebridge Recreation Department, Attention: Director of Recreation, [email protected] on or before 2:00 p.m. local time on Thursday, September 12th, 2019.

10.2. Proposals received by the Town later than the specified closing time will be returned unopened to the Respondent.

10.3. The Town is not responsible for submissions that are not properly marked and/or delivered to any location other than that specified.

10.4. After the closing time and date all proposals received by the Town become the property of the Town.

11. PROPOSAL OPENING:

11.1. Respondents are advised there will NOT be a public opening for this RFP. Submissions received, by the date and time of the closing, will be opened at the Recreation Department Offices commencing at 2:05 p.m. local time on September 12th, 2019. The names of the Respondents will be recorded by the Director of Recreation, or designate. Proposals will be reviewed and evaluated at a later time. The proposals will be evaluated on the basis of the criteria established in this document.






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12. PROPOSAL WITHDRAWAL or RESUBMISSION:

12.1. A Respondent who has already submitted a proposal may submit a further proposal at any time up to the official closing time. The last proposal received shall supersede and invalidate all proposals previously submitted by that Respondent.

12.2. A Respondent may withdraw or qualify their proposal at any time up to the official closing time by submitting a letter bearing the same signature and seal as in their proposal to the Town. Such a submission must be received in sufficient time to be marked before 2:00 p.m. on the date for closing of proposals. The Respondent shall show their name and the proposal number on the envelope containing such letter. No telephone calls, e-mails or facsimiles will be considered.

12.3. No Respondent may withdraw their proposal for a period of 90 days after the actual date of closing.

13. PROPOSAL AWARD PROCEDURES:

Unless stated otherwise the following procedures will apply:

13.1. The Town will notify the Successful Respondent of the award within sixty (60) calendar days of the Proposal Closing.

13.2. Notice of Acceptance of Proposal will be by telephone and by written notice.

13.3. Immediately after acceptance of the proposal by the Town, the Successful Respondent shall provide the Town with any required documents within fifteen (15) calendar days of the date of notification of award.

13.4. Following receipt of the documents, the Successful Respondent will receive written authority, in the form of a Service Agreement, to proceed with the work. A draft Agreement is attached as Appendix “D”.

13.5. The Successful Respondent will be required to attend a Project Initiation Meeting with the Town and prepare minutes of the meeting.

14. INFORMAL OR UNBALANCED PROPOSALS AND DISCREPANCIES:

14.1. All entries shall be clear and legible and made in ink. Entries or changes made in pencil shall, unless otherwise decided by the Town, be declared invalid or informal.

14.2. Proposals which are incomplete, conditional, illegible or obscure, or that contain additions not called for, reservations, erasures, alterations (unless properly and clearly made and initialled by the Respondent’s signing officer), or irregularities of any kind, may be rejected as informal. Alterations may be made providing they are legible and initialled by the Respondents signing officer.

14.3. In the event of a discrepancy, the lowest of any amount submitted shall be taken as correct.

14.4. Proposals that contain prices which appear to be so adversely unbalanced as likely to affect the interests of the Town, may be rejected.




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15. ACCEPTANCE OR REJECTION OF PROPOSAL:

15.1. The acceptance of a proposal will be contingent upon, and not necessarily limited to, an acceptable record of ability, experience, and previous performance.

15.2. The Town reserves the right to reject any or all proposals and to waive formalities as the interests of the Town may require without stating reasons therefore.

15.3. No proposal shall be accepted from or awarded to any individual, partnership or corporation that is in tax arrears with the Town of Bracebridge, or that may be deemed irresponsible or unreliable to the Town. Notwithstanding and without restricting the generality of the statement immediately above, the Town shall not be required to award and accept a proposal or recall the proposals at a later date:

15.3.1. When only one (1) proposal has been received as a result of the proposal call;

15.3.2. Where the lowest responsive and responsible Respondent’s proposal substantially exceeds the estimated cost of the goods or service;

15.3.3. Where the proposal documents do not state a definite, or are based on an unreasonable delivery/work schedule;

15.3.4. When all proposals received fail to comply with the specifications or proposal terms and conditions; or

15.3.5. Where changes in the scope of work or specifications are required.

15.4. The Town shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Respondent by reason of the acceptance or the non-acceptance by the Town of any proposal or by reason of any delay in the acceptance of a proposal except as provided in the proposal document.

15.5. Proposals received after the official closing time will not be considered during the selection process and will be returned unopened to the respective Respondent.

15.6. Each proposal shall be open for acceptance by the Town for a period of sixty (60) calendar days following the date of closing.

15.7. The acceptance of any proposal will be contingent on approval and authorization to proceed by Bracebridge Town Council.

16. REQUIREMENTS AT TIME OF EXECUTION:

16.1. Subject to an award of the agreement, the Successful Respondent is required to submit the following documentation in a form satisfactory to the Town for execution within fifteen (15) calendar days after being notified to do so in writing:

16.1.1. Insurance Documents;

16.1.2. Clearance Certificate from the Workplace Safety and Insurance Board;

16.1.3. Safety Policies and Procedures and related documentation; and




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16.1.4. Non-Disclosure Agreement.

16.2. If the Successful Respondent for any reason, defaults or fails in any matter or item referred to under "Requirements at Time of Execution", the Town reserves the right to accept any other proposal submission, advertise for new proposals or carry out the work in any way as the Town may, at its sole discretion, deem best.

17. GOVERNING LAWS:

17.1. This RFP and any subsequent agreements resulting from this RFP shall be governed by and interpreted in accordance with the Town's Purchasing Policy and the laws of the Province of Ontario.

18. VERIFICATION OF INFORMATION:

The Town shall have the right to:

18.1. Verify any Respondents statement or claim by whatever means the Town deems appropriate, including contacting persons in addition to those offered as references; and/ or

18.2. Access the Respondent’s premises where any part of the work is to be carried out to confirm Proposal information, quality of processes and to obtain assurance of viability; and/or

18.3. The Respondent shall co-operate in the verification of information and is deemed to consent to the Town verifying such information.

19. PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS:

19.1. In accordance with the Municipal Freedom of Information and Protection of Privacy Act, Respondents are reminded to clearly identify in their proposal material, any specific scientific, technical, commercial, proprietary, intellectual or similar confidential information, the disclosure of which could cause them injury or damage.

20. HEALTH AND SAFETY:

20.1. The Successful Respondent shall provide the Town, prior to commencement of work, with a written copy of the Health and Safety Policy for their firm along with Health and Safety procedure(s) relevant to the work to be performed where applicable. If the firm does not have written procedures relevant to the work, then the firm will be expected to abide by the Town's safety procedures in accordance with the Occupational Health and Safety Act (re: duties of employers).

21. WORKPLACE SAFETY AND INSURANCE BOARD:

21.1. The Successful Respondent shall provide the Town with a copy of the Workplace Safety and Insurance Board’s Clearance Certificate (or Independent Operator Certificate, as applicable) indicating the Respondent’s good standing with the Board at any time when requested by the Town.




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22. INSURANCE:

The Successful Respondent at their sole cost and expense shall insure its activities in connection with the work under this Agreement and obtain, keep in force, and maintain insurance as follows:

22.1. Comprehensive Commercial General Liability Insurance including but not limited to bodily injury including death, personal injury, property damage including loss of use thereof, broad form contractual liability, Towns and contractors' protective, products and completed operations, non-owned automotive liability and contain a cross liability, severability of insured clause in an amount of not less than two-million dollars ($2,000,000.00) applying to all claims on a per occurrence basis. The policy shall include the Town as additionally insured in respect of all operations performed by or on behalf of the Successful Respondent.

22.2. Professional Liability (Errors and Omissions) Insurance in the amount not less than two- million dollars ($2,000,000) per claim. Such insurance shall provide coverage for all errors and omissions made by the professional in the rendering of, or failure to render, professional services in connection with the work under this Agreement. Upon completion of the work under this Agreement the policy shall remain in force for twelve (12) months. The insurance shall not have a retroactive date less than prior to the placement of this policy or coinciding with the effective date of this Agreement. If a retroactive date should apply to this policy, confirmation that the retroactive date is not in effect after the commencement of work under this Agreement must be included in the certificate of insurance.

22.3. Prior to commencement of any work associated with this Agreement and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Successful Respondent shall promptly provide the Town with confirmation of coverage and, if required, a certified true copy(s) of the policy(s) certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to any work associated with this Agreement.

22.4. All policies shall be endorsed to provide 30 days advance notice to the Town of any modification, change, or cancellation.

22.5. All policies shall include a provision that the coverage will be primary and will not participate with nor be excess over any valid and collectible insurance or program of self-insurance carried or maintained by the Town.

22.6. All policies shall be with insurers licensed to underwrite insurance in the Province of Ontario.

22.7. If the Successful Respondent fails to maintain insurance as required by the Agreement, the Town shall have the right at their sole discretion to: terminate the Agreement; provide the Successful Respondent with 2 business days to provide confirmation that coverage is in effect; or, provide and maintain such insurance and give evidence to the Successful Respondent and the Successful Respondent shall pay the cost thereof to the Town on demand or the Town may deduct the cost from the amount which is due to or may become due to the Successful Respondent.

22.8. All applicable deductibles under the above required insurance policies are at the sole expense of the Successful Respondent.




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22.9. It is expected by the Town that the Certificate(s) of Insurance will provide confirmation that all insurance requirements as stated under Section 22 have been met.

22.10. If applicable and based upon the operations of any sub-contractor, Section 22 shall apply in the same manner to any sub-contractor as it would to the Successful Respondent. Further, it is the Successful Respondent’s responsibility to ensure that any sub-contractor is aware of these obligations. The Successful Respondent shall provide to the Town confirmation of the sub-contractor’s insurance.

23. REGULATION COMPLIANCE AND LEGISLATION:

23.1. All work provided must be in accordance with all laws and regulations pertaining to the work. The laws of the Province of Ontario shall govern this proposal and any subsequent agreement resulting from this proposal.

23.2. The Successful Respondent shall ensure all services and products provided in respect to this proposal are in accordance with, and under authorization of all applicable authorities, Municipal, Provincial and Federal legislation.

24. COMPLIANCE WITH THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005:

24.1. The Successful Respondent will ensure that all its employees, agents, volunteers, or others for whom the Successful Respondent is legally responsible receive training regarding the provision of the goods and services contemplated herein to persons with disabilities in accordance with Section 6 of Ontario Regulation 429/07 (the "Regulation") made under the Accessibility for Ontarians with Disabilities Act, 2005, as amended (the "Act"). The Successful Respondent will ensure that such training includes, without limitation, a review of the purposes of the Act and the requirements of the Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. The Successful Respondent will submit to the Town, as required from time to time, documentation describing its customer service training policies, practices and procedures, and a summary of its training program, together with a record of the dates on which training was provided and a list of the employees, agents volunteers or others who received such training. The Town reserves the right to require the Successful Respondent to amend its training policies to meet the requirements of the Act and the Regulation.

25. FREEDOM OF INFORMATION:

25.1. All written proposals received by the Town become a public record. Once the Town accepts a proposal, all information contained in the proposal is available to the public, including personal information.

25.2. Questions about collection of personal information and the Municipal Freedom of Information and Protection of Privacy Act, 1989, R.S.O. 1990, Chapter M.56, as amended, shall be directed to:

Director of Corporate Services /Clerk Town of Bracebridge 1000 Taylor Court, Bracebridge, ON P1L 1R6 Telephone: (705) 645-5264




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25.3. The Director of Corporate Services/Clerk has been designated by the Town of Bracebridge to carry out the responsibilities of the Act.

26. CONFIDENTIALITY:

27.1. The Successful Respondent shall keep confidential any information provided by the Town or any oral information conveyed to the Successful Respondent by the Town. The Successful Respondent shall not discuss any aspects or results of the study with anyone other than the Town.

27. INDEMNIFICATION:

27.1. The Successful Respondent, its officers, agents or employees and if applicable all sub-contractors shall at all times indemnify and save harmless the Town from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever made or brought against, suffered by, or imposed on the Town in respect of any loss, damage or injury to any person or property directly or indirectly arising out of, resulting from, or sustained, as a result of this Agreement, provision of services or any operations connected therewith caused by or resulting from the negligent or wilful acts or omissions of the Successful Respondent, its officers, agents or employees or if applicable its sub-contractors.

28. CONFLICT OF INTEREST:

28.1. Respondents must ensure that they are not in a position that may be perceived as a conflict of interest.

29. CANCELLATION:

29.1. The Town reserves the right to cancel this Request for Proposals at any time and for any reason, and will not be responsible for any loss, damage, cost or expense incurred or suffered by any Respondent as a result of that cancellation.

29.2. The Town reserves the right to cancel the Agreement, at its sole and absolute discretion, with 30 days' written notice to the Successful Respondent, and the Successful Respondent will have no rights or claims against the Town. The Successful Respondent will be entitled to be paid for all authorized work and expenses to termination date. Cancellation would not, in any manner whatsoever, limit the Town’s right to bring action against the Successful Respondent for damages for breach of contract.

30. SUBCONSULTANTS:

30.1. The Respondent is fully responsible to the Town for the acts and omissions of sub-consultants and/or persons directly or indirectly engaged by the Respondent in respect to this work. Sub-consultants will be required to abide by all the requirements of the proposal document as though the primary Successful Respondent (Insurance, WSIB, Health and Safety Policy, etc.). The Respondent agrees to bind every sub-consultant by the terms of the proposal documents as far as it is applicable to their work.




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31. RESPONDENTS’ EXPENSES:

31.1. Respondents are solely responsible for their own expenses in preparing a proposal and for subsequent negotiations with individual participants in the Town, if any. If the Town elects to reject all proposals, the Town will not be liable to any Respondent for any claims, whether for costs or damages incurred by the Respondent in preparing the proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever.

32. LEGAL CLAIMS AND DAMAGES:

32.1. The Respondent shall indemnify and hold harmless the Town, its officers and employees from and against any and all liabilities, claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, directly or indirectly arising out of the project attributable to bodily injury, sickness, disease or death or to damage to or destruction of tangible property caused by any acts or omissions of the Respondent, it’s officers, agents, servants, employees, customers, invitees or licensees, or occurring in or on the premises or any part thereof and, as a result of activities under the proposal.

32.2. A Respondent, by submitting a proposal, agrees that it will not claim damages, by any means, in respect to any matter relating to the RFP, the bidding and evaluation process or any subsequent procurement process, if any, resulting from the RFP.

33. ACCURACY OF INFORMATION:

33.1. The Town makes no representation or warranty, either expressed or implied, with respect to the accuracy or completeness of any information contained in or referred to in the proposal.

34. SOLICITATION:

34.1. If any director, officer, employee, agent or other representative of a Respondent makes any representation or solicitation to any Mayor, Councillor, officer or employee of the Town with respect to the proposal, whether before or after the submission of the proposal, the Town shall be entitled to reject the proposal.

35. PUBLICITY:

35.1. All publicity relating to this project is subject to the approval of the Town and no mention of the project in advertising or articles in any publication will be permitted unless authorized in advance, in writing by the Town. Publicity or advertising implying endorsement of a product by the Town will not be permitted.




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APPENDIX “A”

STUDIES and PLANS

1. Bracebridge Arena, Recreation and Library Complex Concept Design, Feasibility Study and

Order of Magnitude Costing dated January 12, 2017. 2. Bracebridge Arena and Library Order of Magnitude (Class D) Estimate – Revision 2 dated

December 22, 2016. 3. The Bracebridge Arena, Recreation and Library Complex - Sportsplex Retro-fit dated April 04,

2017.

https://bracebridge.civicweb.net/document/17469









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APPENDIX “B”

MULTI-USE COMMUNITY CENTRE PROJECT STEERING COMMITTEE – TERMS OF REFERENCE

Committee Mandate:

The Multi-Use Community Centre Project Steering Committee will provide support, guidance and strategic advice to Town staff and Council related to the development of a new Multi-Use Community Centre for the Town of Bracebridge.

Supported by the work of Town staff and Prime Consultants the members of the Project Steering Committee will provide strategic advice for consideration by the Steering Committee as they guide in the development of the new Community Centre and to ensure that the Town’s plans for the new Centre are achievable and feasible to implement.

Scope of Responsibilities:

The Project Steering Committee will:

1. Facilitate the provision of advice to Council on matters pertaining to the development of the Multi-Use Community Centre for the Town of Bracebridge.

2. Promote the Multi-Use Community Centre for the Town of Bracebridge as an asset integral for the Town.

3. Help foster public understanding of the project and plans for the new Community Centre. 4. Assist in the selection of the Prime Consultants to support the development of the new

Community Centre. 5. Provide input and advice into the development of final design of the new Community Centre for

consideration by General Committee and Council. 6. Assist in the development and coordination of a comprehensive fundraising strategy to help fund

the cost of developing the new Community Centre. 7. Facilitate and assist with community engagement and consultation, as necessary. 8. Facilitate communication initiatives related to the project, as required. 9. Make recommendations for sub-committees as necessary to support the project including

developing the sub-committee(s) Terms of Reference including: scope, composition, and objectives.

10. Receive progress reports and cost summary reports and identify and provide advice on potential concerns arising from this reporting.

11. Monitor the quality of the project as it develops and provide guidance and advice about changes to the project as it develops.

12. Undertake other responsibilities as directed by Council.




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Steering Committee Structure:

Although the Steering Committee’s composition may be altered in the future as planning for the new Multi-Use Community Centre progresses, the initial composition of the Project Team will include:

Membership Individual Term Ending1

Mayor, Chair Graydon Smith November 15, 2022

Councillor Archie Buie November 15, 2022

Councillor Chris Wilson November 15, 2022

Councillor Mark Quemby November 15, 2022

Chair, Bracebridge Public Library Board

Barb Hutchinson November 15, 2022

Chief Administrative Officer John Sisson November 15, 2022

Director of Recreation Cindy O’Regan November 15, 2022

Director of Finance Stephen Rettie November 15, 2022

Director of Public Works Geoff Carlton November 15, 2022

Library CEO/Chief Librarian Cathryn Rodney November 15, 2022

Reporting and Communication Structure:

The Multi-Use Community Centre Project Steering Committee provides advice through the Recreation Department to Council regarding matters within its scope of responsibilities.

The Steering Committee reports through the Recreation Department to General Committee with recommendations as appropriate.

Project Steering Committee Guiding Principles:

Respect: The Steering Committee values the presence and contributions of all members, and actively strives to recognize and make space for each individual’s skills, ideas and unique perspectives.

Accountability: The Steering Committee is committed to accountability for its actions, recommendations and deliverables.

Openness: The Steering Committee will share information, ideas and our experiences freely and with the best outcomes for the Community Centre and residents of Bracebridge in mind.

1 Although the term of the Steering Committee is the same as the term of Council that appointed them, the Steering

Committee will continue until their successors are appointed or the Steering Committee is dissolved.




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Transparency: The Steering Committee will strive for the development of clear and evidence-based recommendations and decisions.

Communication: The Steering Committee will strive for openness and transparency in all aspects of our work to ensure inclusion, clarity and common understanding.

Meetings:

The Project Steering Committee will meet regularly with specific dates and times for meetings to be determined by the Chair in consultation with the Director of Recreation and the Project Manager. Additional meetings can be scheduled at the call of the Chair.

A majority of the voting members of the Committee constitutes a quorum.

Staff from the Recreation Department will act as secretary and provide administrative support to the Steering Committee. Minutes of Committee proceedings are to be recorded and filed with the Director of Corporate Services/Clerk to be kept in accordance with the Town’s records management practices.

Additional staff resources will be utilized to support the Steering Committee’s work at the discretion of the Director of Recreation and the Chief Administrative Officer.

Remuneration:

None




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APPENDIX “C”

RESPONDENT'S DECLARATION This page must be returned as part of the Technical Proposal

The Respondent has carefully examined the conditions attached to this Request for Proposal and is prepared to perform the work as outlined in this document in an expedient, professional and workmanlike manner, promptly and as directed by the Director of Recreation or designate.

No person, firm or corporation, other than the Respondent, has any interest in this proposal or in the proposed services for this proposal. This proposal is made without any connection, comparison of figures, or arrangements with, or knowledge of any other corporation, firm or person making a proposal for the same Service and is in all respect fair and without collusion or fraud. No member of the staff of the Town of Bracebridge is, or will become interested directly or indirectly; as a contracting party, partner, shareholder, surety or otherwise; or in the performance of the Service; or in the supplies, service or business to which it relates; or in any portion of the profits thereof; or in any of the monies to be derived therefrom. The content and requirements of this RFP have been read and understood. All prices are quoted in Canadian funds. DATED AT THIS DAY OF 2019. COMPANY NAME ADDRESS PHONE # EMAIL NAME CELL # SIGNATURE POSITION

HST Registration No.




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APPENDIX “D”

FORM OF AGREEMENT (DRAFT)

This Agreement made and entered into by and between the Town of Bracebridge (hereinafter called "the Owner") and BLANK. (hereinafter called "the Vendor") WHEREAS

The Owner and The Vendor have agreed that:

1. The Owner has requested proposals for services as detailed in the Request for Proposal 2019-TOB-RFP-008 dated August 6th, 2019.

2. The Vendor has offered to supply such services and the Owner and the Vendor have agreed upon the provision of the services upon the terms and conditions contained in this Agreement.

It is further agreed: 1.0 DEFINITIONS

1.1 In this Agreement unless the context otherwise requires:

"Agreement" means this agreement and includes Schedules and any annexes or documents incorporated by reference; "Vendor" means the person or company so named in the Description of the Parties at the commencement of this document; "Vendor's Representative" means the person appointed by the Vendor to represent the Vendor for the purposes of this Agreement and so identified in Schedule 1 or such person as may be appointed subsequently by the Vendor and notified to the Owner in writing; "HST" means the Harmonized Sales Tax;

"Project Service" means the services described in Schedule 1 that shall be performed by the Vendor in accordance with this Agreement;

“Town” is referred to as The Town of Bracebridge.

“Consultant(s)” is referred to as the successful Respondent.

"Respondent “is referred to as the entity submitting a proposal.

“Work” means and includes anything and everything required to be done for the fulfillment and completion of this agreement.

“Member” means an individual associated with the Town.

1.2 A recital, schedule, annex or a description of the parties forms part of this Agreement.




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1.3 In this Agreement, unless a contrary intention appears, words imparting a gender include any other gender and words in the singular includes the plural and vice versa.

1.4 Clause headings in this Agreement are for the convenience of reference only

and have no effect in limiting or extending the language of the provisions to which they refer.

1.5 This Agreement shall be governed by the Laws of the Province of Ontario.

2.0 ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Owner and the Vendor in relation to the Project Services and any previous correspondence is expressly excluded.

3.0 CANCELLATION

The Town reserves the right to immediately terminate the Contract at its own discretion, including but not limited to such items as non-performance, late deliveries, inferior quality, pricing problems, etc. or if the original terms and conditions are changed significantly.

If the successful Respondent should neglect to execute the work properly or fail to perform any provision of this Award, the Town, after three (3) business days and written notice to the successful Respondent, may, without prejudice to any other remedy in existence, make good such deficiencies and may deduct the cost thereof from any payment then and thereafter due to the successful Respondent.

Failure to maintain the required documentation (insurance, WSIB, etc.) during the term of this contract may result in suspension of the work activities and/or cancellation of the contract.

4.0 TERMS OF PAYMENT

Payment will be made on a monthly basis upon submission of an invoice by the Vendor indicating the Agreement number and setting forth the charges in accordance with the compensation and expenses detailed in Schedule 2, the Project Services in Schedule 1 and this Agreement.

No payment shall be made in advance of work performed, except as specified in this Agreement.

The Owner's representative prior to payment shall certify all invoices for payment. No invoice shall be certified for payment unless the Project Services for which payment is sought has been satisfactorily completed in accordance with this agreement.

The Owner will pay invoices that have been certified, within 30 days of receipt of the invoice.

5.0 HARMONIZED SALES TAX (HST)

If HST is applicable to any parts, materials, etc. used in the work of this contract, the HST amount is to be included separately on invoice by the Vendor.




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6.0 ASSIGNMENT AND SUBCONTRACTING

The Vendor may not assign or subcontract this agreement, or any portion thereof without the prior consent in writing of the Owner. Subcontracting agreements made by the Vendor will not release the Vendor from any obligation to the Owner with respect to the performance of the Services. A written statement from an officer of the proposed subcontractor(s) must be provided, indicating a willingness to comply with the terms and conditions proposed by the Vendor.

7.0 COPYRIGHT

The Owner shall own, solely and exclusively, the copyright and all copyright rights to any written or otherwise copyrightable material deliverable under this Agreement. The Vendor warrants that all creators of copyrightable material delivered under this Agreement, upon full payment identified in Schedule 2, to the Owner are at the time of the material's creation, bona fide employees or subcontractors of the Vendor, and that such creation is within the course and scope of the creator's employment.

8.0 FEE FOR PROJECT SERVICES

The Owner will pay the project fees to the Vendor as specified in Schedule 2 for the Project Services completed on a monthly basis.

9.0 INDEMNIFICATION

The Vendor, its officers, agents or employees and if applicable all sub-contractors shall at all times indemnify and save harmless the Owner from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever made or brought against, suffered by, or imposed on the Owner in respect of any loss, damage or injury to any person or property directly or indirectly arising out of, resulting from, or sustained, as a result of this Agreement, provision of services or any operations connected therewith caused by or resulting from the negligent or wilful acts or omissions of the Vendor, its officers, agents or employees or if applicable its sub-contractors.

10.0 WORKPLACE SAFETY AND INSURANCE BOARD

The Vendor shall provide the Member with a copy of the Workplace Safety and Insurance Board’s Clearance Certificate (or Independent Operator Certificate, as applicable) indicating the Consultant’s good standing with the Board at any time when requested by the Town.

11.0 INSURANCE

The Vendor at his sole cost and expense shall insure its activities in connection with the work under this Agreement and obtain, keep in force, and maintain insurance as follows:

11.1. Comprehensive General Liability Insurance including but not limited to bodily injury including death, personal injury, property damage including loss of use thereof, broad form contractual liability, owners and contractors' protective, products and completed operations, non-owned automotive liability and contain a cross liability, severability of insured clause in an amount of not less than two-million dollars ($2,000,000.00) applying to all claims on a per occurrence basis. The policy shall include the Owner as additionally insured in respect of all operations performed by or on behalf of the Vendor.




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11.2. Professional Liability (Errors and Omissions) Insurance in the amount not less than five-hundred thousand dollars ($500,000) per claim and one-million dollars ($1,000,000) in aggregate. Such insurance shall provide coverage for all errors and omissions made by the professional in the rendering of, or failure to render, professional services in connection with the work under this Agreement. Upon completion of the work under this Agreement the policy shall remain in force for twelve (12) months. The insurance shall not have a retroactive date less than prior to the placement of this policy or coinciding with the effective date of this Agreement. If a retroactive date should apply to this policy, confirmation that the retroactive date is not in effect after the commencement of work under this Agreement must be included in the certificate of insurance.

11.3. Prior to commencement of any work associated with this Agreement and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Vendor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy(s) of the policy(s) certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to any work associated with this Agreement.

11.4. All policies shall be endorsed to provide 30 days advance notice to the Owner of any modification, change, or cancellation.

11.5. All policies shall include a provision that the coverage will be primary and will not participate with nor be excess over any valid and collectible insurance or program of self-insurance carried or maintained by the Owner.

11.6. All policies shall be with insurers licensed to underwrite insurance in the Province of Ontario.

11.7. If the Vendor fails to maintain insurance as required by the Agreement, the Owner shall have the right at their sole discretion to: terminate the agreement; provide the Vendor with 2 business days to provide confirmation that coverage is in effect; or, provide and maintain such insurance and give evidence to the Vendor and the Vendor shall pay the cost thereof to Owner on demand or the Owner may deduct the cost from the amount which is due to or may become due to the Vendor.

11.8. All applicable deductibles under the above required insurance policies are at the sole expense of the Vendor.

11.9. It is expected by the Owner that the Certificate(s) of Insurance will provide confirmation that all insurance requirements as stated under Section 11.0 have been met.

11.10. If applicable and based upon the operations of the sub-contractor, Section 11.0 shall apply in the same manner to any sub-contractor as it would to the Vendor. Further, it is the Vendor’s obligation to ensure that any sub-contractor is aware of these obligations. The Vendor shall provide to the Owner confirmation of the sub-contractor’s insurance.

12.0 CONFLICT OF INTEREST

Vendors must ensure that they are not in a position that may be perceived as a conflict of interest.




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13.0 CONFIDENTIALITY

The Vendor shall keep confidential any information provided by the Owner or any oral information conveyed to the Vendor by the Owner. The Vendor shall not discuss any aspects or results of the study with anyone other than the Owner.

14.0 NON-WAIVER

Waiver or non-enforcement by either party of a term or condition shall not constitute a waiver or a non-enforcement of any other term or condition or any subsequent breach of the same or similar term or condition.

15.0 NO THIRD PARTY RIGHTS

Nothing in this Agreement is intended to make any person or entity who is not a signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

16.0 RECORDS AND AUDIT

16.1. In order to provide data for the calculation of fees on a time basis, the Vendor shall keep a detailed record of the hours worked by and salaries paid to their staff employed for the Project.

16.2. The Owner may inspect and audit the books, payrolls, accounts and records of the

Vendor during regular office hours with respect to any item which the Owner is required to pay on a time scale or disbursement basis as a result of this Agreement.

16.3. The Vendor, when requested by the Owner, shall provide copies of receipts with respect

to any disbursement for which the Vendor claims payment under this agreement. 17.0 STANDARD FOR PERFORMANCE

The parties acknowledge that the Owner, in selecting the Vendor to perform the services hereunder, is relying upon the Vendor's reputation for excellence in the performance of the services required hereunder. The Vendor shall perform the services in accordance with the standard of care customarily observed by professional consulting firms performing similar services at the same time and location. The standard of care will include adherence to all applicable published standards of the profession and laws. All deadlines set forth in the Agreement are binding and may be modified only by subsequent written agreement by the parties. The Vendor shall devote such time to performance of its, her, or his duties under this Agreement as is reasonably necessary for the satisfactory performance of such duties within the deadlines set forth herein.

18.0 CHANGES AND ALTERATIONS AND ADDITIONAL SERVICES

Changes to this Agreement will only be made by agreement in writing by both Parties. With the consent of the Vendor, the Owner may in writing at any time after the execution of the Agreement or the commencement of the Services delete, extend, increase, vary or otherwise alter the Services forming the subject of the Agreement. When additional work is requested, the Vendor shall submit a schedule and price for completing the additional Services within 10 working days. The Vendor will not commence the additional Services until the Owner secures all necessary approvals for amending the Agreement and advises the Vendor in writing.




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19.0 INDEPENDENT CONTRACTOR

The services defined in this Agreement will be performed by the Vendor as an Independent Contractor at arm’s length from, and not as an employee of, the Owner.

20.0 SEVERABILITY

If any provision of the Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and, the rights and obligations of the parties will be construed and enforced as if the agreement did not contain the particular provision held to be invalid.

21.0 COMPLIANCE WITH THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005 The Consultant will ensure that all its employees, agents, volunteers, or others for whom the Consultant is legally responsible receive training regarding the provision of the goods and services contemplated herein to persons with disabilities in accordance with Section 6 of Ontario Regulation 429/07 (the "Regulation") made under the Accessibility for Ontarians with Disabilities Act, 2005, as amended (the "Act"). The Consultant will ensure that such training includes, without limitation, a review of the purposes of the Act and the requirements of the Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. The Consultant will submit to the Member, as required from time to time, documentation describing its customer service training policies, practices and procedures, and a summary of its training program, together with a record of the dates on which training was provided and a list of the employees, agents volunteers or others who received such training. The Member reserves the right to require the Consultant to amend its training policies to meet the requirements of the Act and the Regulation.

I/We, the Undersigned, having examined the Scope of Work, Project Requirements, Evaluation Criteria, Draft Agreement and Form of Proposal, do hereby offer to enter into an Agreement with The Corporation of the Town of Bracebridge to prepare a Capital Financing Plan and Operating Business Plan for a Multi-Use Community Facility.

Signed this _______ day of ____________________ 2019 at___________________________________

Authorized by Motion XX-XX-XXX and Confirming By-law XXXX-XXX dated M/D/Y


Date:

Graydon Smith, Mayor

Date:

Lori McDonald, Director of Corporate Services/Clerk

I/We have the authority to bind the Corporation




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Company Name

Date:

Name Title

Date:

Name Title

I/We have the authority to bind the Corporation




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SCHEDULE 1

AGREEMENT

1. VENDOR NAME AND ADDRESS 2. TERM OF AGREEMENT

The Vendor and/or Vendor and Subcontractors will complete this project and make the project available to the Owner prior to (an agreed upon date will be inserted).

3. PROJECT SERVICES

The scope of services is described in the Vendor’s proposal (date of proposal to be inserted), enclosed in Schedule 3 of this agreement.




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SCHEDULE 2

COMPENSATION AND REIMBURSEMENT OF EXPENSES

The Owner will pay the following to the Vendor for professional services performed in the development of this project based on Net 30 days.

TOTAL AMOUNT TO BE PAID UNDER THIS AGREEMENT: $ (amount to be inserted), plus HST.

The above total price includes all disbursements including any shipping or courier charges. Any increase in the fees above will require prior approval by the Owner.




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SCHEDULE 3 – VENDOR’S PROPOSAL FOR SERVICES

(proposal to be inserted)