RFP: Operation of a Not-For-Profit Instructional/Recreational Boat Club at Humber Bay Park Road West

8/18/2019 RFP: Operation of a Not-For-Profit Instructional/Recreational Boat Club at Humber Bay Park Road West

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Michael Pacholok Director Purchasing and Materials Management DivisionCity Hall,18th Floor, West Tower100 Queen Street WestToronto, Ontario M5H 2N2

Allison Phillips, ManagerProfessional Services

March 14, 2016 NOTICE TO POTENTIAL PROPONENTS

Request for Proposal No: 9172-16-7044 For: Operation of a Not-For-Profi t Instruc tional/Recreational Boat Club at Humber Bay Park Road

West

Please review the attached document and submit your Proposal to the address noted below by theclosing deadline of 12:00 noon (local Toronto t ime) on March 30, 2016

Proposals will not be considered unless: Received by the date and time specified above; andReceived at the address specified below.

Submission by facsimile or e-mail is not acceptable. Only the names of the firms submitting Proposals will

be read aloud at the public opening on the date of closing.

Information and/or site meeting requirements:

Deadline for Questions(must be in writing):

March 22, 2016 at 4:00 p.m. (local Toronto time)

City Contact: Candida Charles SCMP, Senior Corporate BuyerPurchasing and Materials Management Division

(t) 416-392-7326 (f) 416-397-7779(e) [email protected]

For convenience you may affix the following address label to the envelope(s) containing your submission.--------------------------------------------------------------------------------

COMPANY NAME:

RFP NO.: 9172-16-7044

CLOSING DEADLINE: 12:00 Noon(local Toronto time)

March 30, 2016

DELIVER TO: Chief Purchasing OfficialPurchasing and Materials Management Division18th Floor, West Tower, City Hall100 Queen Street WestToronto, ON, M5H 2N2

The Purchasing and Materials Management Division will not be held responsible for submissiondocuments submitted in envelope(s) that are not labelled in accordance with the above instructions.Tenders/RFQ/RFP/Sales/Disposals are advertised on the City of Toronto Website: www.toronto.ca

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TABLE OF CONTENTSRFP 9172-16-7044

Notice to Potential Proponents ...................................................................................................................... 1Table of Contents .......................................................................................................................................... 2

1.0 TERMINOLOGY ..............................................................................................................................

1.1 References to Labeled Provisions ....................................................................................... 31.2 Definitions .......................................................................................................................... 31.3 Interpretation ....................................................................................................................... 41.4 RFP Process Terms and Conditions .................................................................................... 5

2.0 PURPOSE ..........................................................................................................................................2.1 Background ......................................................................................................................... 52.2 Objective ............................................................................................................................. 5

3.0 SCOPE OF WORK ............................................................................................................................3.1 Operating Schedule ............................................................................................................ 63.2 Operation ............................................................................................................................ 6

3.3 Signage ............................................................................................................................... 63.4 Expiry/Termination of Lease Agreement ........................................................................... 63.5 Financials ............................................................................................................................ 7

4.0 PROPOSAL EVALUATION AND SELECTION PROCESS .........................................................4.1 Selection Committee ........................................................................................................... 74.2 Selection Criteria ................................................................................................................ 74.3 Selection Process ................................................................................................................ 74.4 Schedule of Events .............................................................................................................. 84.5 Clarifications ....................................................................................................................... 84.6 Interviews or Demonstrations ............................................................................................. 94.7 Evaluation Results .............................................................................................................. 9

4.8 Negotiations and Agreement............................................................................................... 9

5.0 PROPOSAL SUBMISSION REQUIREMENTS ..............................................................................5.1 General Overview ............................................................................................................. 105.2 Proposal Documentation and Delivery ............................................................................. 105.3 Proposal Content ............................................................................................................... 11

APPENDICES

Appendix A RFP Process Terms and Conditions .................................................................................. 16Appendix B Agreement Terms and Conditions .................................................................................... 23

Appendix C Standard Submission Forms ............................................................................................. 50Appendix D Financial Proposal Form .................................................................................................. 55Appendix E Site Maps and Photos ........................................................................................................ 56Appendix F Proposal Evaluation Table ................................................................................................ 63

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1.0 TERMINOLOGY

1.1 References to Labeled Provisions

Each reference in this Request for Proposal to a numbered or lettered “section”, “subsection”,“paragraph”, “subparagraph”, “clause” or “subclause” shall, unless otherwise expressly indicated, betaken as a reference to the correspondingly labelled provision of this Request for Proposal (RFP).

1.2 Definitions

Throughout this Request for Proposal, unless inconsistent with the subject matter or context,

“City” means the City of Toronto.

"City Contact" means the City employee(s) designated as City Contact on the Notice to PotentialProponents for all matters related to the RFP call process.

“Conflict of Interest” includes, but is not limited to, any situation or circumstance where:

(a) in relation to the RFP 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 orhaving access to information in the preparation of its Proposal that is confidential to the City and notavailable to other Proponents; (ii) communicating with any person with a view to influencing preferredtreatment in the RFP process including the giving of a benefit of any kind, by or on behalf of theProponent to anyone employed by, or otherwise connected with, the City ; or (iii) engaging in conductthat compromises or could be seen to compromise the integrity of the open and competitive RFP processand render that process non-competitive and unfair; or

(b) in relation to the performance of its contractual obligations in the City contract, the Vendor’sother commitments, relationships or financial interests (i) could or could be seen to exercise an improperinfluence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could orcould be seen to compromise, impair or be incompatible with the effective performance of its contractualobligations;

“Council” means City Council.

"Division" means the Parks, Forestry & Recreation Division;

“Facility” means all land and buildings at 100 Humber Bay Park Road West, legally described as Parts 1,2, 3 and 4 on Plan 66R-13750 and identified as Part 1 on SKETCH No. PS-2015-130 attached as

Appendix E

“General Manager” means the General Manager of Parks, Forestry & Recreation or designate;

“HST” means Harmonized Sales Tax;

“Lease Agreement” means any written contract between the City and a Proponent issued by the City tothe Proponent with respect to the Services contemplated by this RFP, and shall be deemed to include theterms and conditions for the provision of the Services as set out in this RFP;

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"may" and "should" used in this RFP denote permissive (not mandatory).

“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act.

"must", "shall" and "will" used in this RFP denote imperative (mandatory), meaning Proposals notsatisfying imperative (mandatory) requirements will be deemed to be non compliant and will not beconsidered for contract award.

"Non-Profit Organization (NPO)" means a club, society, or association that's organized and operatedsolely for social welfare, civic improvement, pleasure or recreation or any other purpose except profit.

“Project Manager” means the main contact person at the City for all matters relating to the project.

“Proponent” means a legal entity that submits a Proposal. If two or more legal entities wish to submit aProposal as a consortium, one member of the consortium must be identified as the Proponent with whomthe City may enter into an Agreement, and the other member(s) must be identified as subcontractors tothat Proponent.

“Proposal” means an offer submitted by a Proponent in response to this RFP, which includes all of the

documentation necessary to satisfy the submission requirements of the RFP.

“RFP” means this Request for Proposal package in its entirety, inclusive of all Appendices and any bulletins or Addenda that may be issued by the City.

“Services” means all services and deliverables to be provided by a Vendor as described in this RFP.

“Vendor” means the successful Proponent with whom the City enters into an Agreement.

1.3 Interpretation

In this RFP and in the Agreement, unless the context otherwise necessitates,

(a) any reference to an officer or representative of the City shall be construed to mean the personholding that office from time to time, and the designate or deputy of that person, and shall bedeemed to include a reference to any person holding a successor office or the designate or deputyof that person;

(b) a reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed toinclude a reference to any Act, bylaw, rule or regulation or provision enacted in substitutionthereof or amendment thereof;

(c) all amounts are expressed in Canadian dollars and are to be secured and payable in Canadian

dollars;

(d) all references to time shall be deemed to be references to current time in the City;

(e) a word importing only the masculine, feminine or neuter gender includes members of the othergenders; and a word defined in or importing the singular number has the same meaning whenused in the plural number, and vice versa;

(f) any words and abbreviations which have well-known professional, technical or trade meanings,are used in accordance with such recognized meanings;

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(g) all accounting terms have the meaning recognized by or ascribed to those terms by the CanadianInstitute of Chartered Accountants; and

(h) all index and reference numbers in the RFP or any related City document are given for theconvenience of Proponents and such must be taken only as a general guide to the items referredto. It must not be assumed that such numbering is the only reference to each item. Thedocuments as a whole must be fully read in detail for each item.

1.4 RFP Process Terms and Conditions

This RFP process is governed by the terms and conditions in Appendix ‘A’.

2.0 PURPOSE

The purpose of this RFP is to select a qualified and experienced Vendor to operate a not-for-profitinstructional/recreational boat club at the Facility located within Humber Bay Park West for a period ofnine (9) years. The Vendor will enter into a Lease Agreement with the City, substantially in accordancewith the Lease Agreement as set out in Appendix "B".

Proponents must not be a party to more than one (1) Proposal in connection with this RFP. Failure tocomply with this requirement may deem the Proposal submission non-compliant.

2.1 Term of Agreement

Any resulting Agreement will be for a Term of approximately nine (9) years commencing on or aboutJune 1, 2016 and terminating on or about July 31, 2025. The Agreement shall not include a right to extendor renew beyond July 31, 2025.

2.2 Background

The facility is located within Humber Bay Park West near the corner of Lake Shore Boulevard W and

Humber Bay Park Road W. The site comprises approximately 0.793 acres of land and approximately 0.75acres water lot. The main clubhouse structure, constructed in 1983 is approximately 2,793 square feetover two floors. Parking is available on site for fifteen vehicles.

As part of the City's commitment to support boating activities on the Toronto waterfront the City isseeking proposals for the operation of a not-for-profit instructional/recreational boat club at the HumberBay Park Road site.

Information on City policy with regard to boat clubs can be found at the following address:http://www.toronto.ca/legdocs/2000/agendas/council/cc/cc000704/edp7rpt/cl002.pdf

2.5 Objective

The objective of this RFP is to award a Vendor to operate a not-for-profit instructional/recreational boatclub, at absolutely no cost to the City , to maximize community benefit at the Facility as part of acontinued effort by the City to support community boating activities on Parks and Recreation lands.

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3.0 SCOPE OF WORK

The Facility is offered, “as is” and the City makes no representation and will take no responsibility withrespect to the condition of the property.

3.1 Operating Schedule

The Facility shall be open year round as necessary based on needs and instructional/programmingschedules.

3.2 Operation

3.2.1 The Vendor will be responsible for performing at its own cost all activities related to theoperation and maintenance of the Facility including janitorial services and all capitalimprovements. All annual inspections and certification required for the operation, but not limitedto, the security alarm, HVAC systems will be the sole responsibility of the Vendor.

3.2.2 The Vendor shall keep the Facility in a state of good repair to the satisfaction of the GeneralManager acting reasonably. The Vendor will be responsible for maintaining any new buildings,structures, or additions to existing building.

3.2.3 The Vendor shall pay all costs for utilities and utility service used in or provided to the Facility.This shall include its own janitorial, security and waste/recycling removal fees, etc as well astelephone, hydro-electric power, gas and water used along with any cost involved in installing orlinking to any utilities including natural gas, hydro-electric, underground lines and water servicesincluding the existing sanitary sewer or any meters to any building constructed or renovated bythe Vendor. The Vendor shall arrange to be billed directly by utility providers and shall pay allutility bills before delinquency. The Vendor shall pay all interest, penalties, and other costs andcharges imposed or that accrue in connection with any late payment by the Vendor. The City

makes no representations that there are adequate utilities currently in place at the site.

3.2.4 The Vendor shall comply strictly with all laws, by-laws, rules and regulations of the City ofToronto, the Medical Officer of Health of the City of Toronto, the City’s Municipal Licensing &Standards Division, the Toronto Police Services Board, the Province of Ontario, the Governmentof Canada and all other bodies authorized to make any laws, by-laws, rules and regulations,governing the conduct and operation of the Facility, the use or occupation of the Facility, thestaff employed by the Proponent, or anything in connection therewith; and shall obtain and payfor all necessary permits and licenses.

3.2.5 The Vendor shall ensure space and insure adequate ingress and egress for fire safety and accessfor people with disabilities

3.3 Signage

3.3.1 The Vendor should ensure all signage in and around the Facility is of professional quality andappearance. All signage must be approved by the General Manager of Parks, Forestry &Recreation or designate at the Vendor’s expense to supply and install and be compliant with alllaws and by-laws of the City of Toronto.

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3.4 Expiry/Termination of Lease Agreement

Upon the expiry or other termination of any resulting Lease Agreement or any extension or renewalthereof any and all fixtures and improvements located on or attached to the Facility shall, at the solediscretion of the General Manager, either;

a) become the sole property of the property owner, without compensation of any kind to the

Proponent; or b) be removed at the Vendor's sole expense; and

At the sole discretion of the General Manager the Vendor shall either:

a) repair any damages caused by the Vendor, and restore the Facility to the satisfaction ofthe General Manager; or

b) vacate the Facility without repairs or restorations.

3.5 Financials

3.5.1 Rent payments shall be made to the City in Canadian Funds at the commencement of the lease

and annually thereafter. Rent shall be calculated at the 2005 Council approved rate of $3000/acre and shall include cumulative annual Consumer Price Index increases, or any other amount asapproved by Council during the term of this agreement.

Boat club lease rates are set based on a City Council approved formula. Capital improvement ofthe site and structures will also form part of the evaluation criteria.

4.0 PROPOSAL EVALUATION AND SELECTION PROCESS

4.1 Selection Committee

All Proposals will be evaluated through a comprehensive review and analysis by a Selection Committee

which will include members from the Parks, Forestry & Recreation Division and relevant City Divisionalstaff and such other persons as may be selected by the City.

The Selection Committee may at its sole discretion retain additional committee members or advisors.

The aim of the Selection Committee will be to select one Proposal which in its opinion meets the City'srequirements under this RFP and provides the best value to the City.

By responding to this RFP, Proponents will be deemed to have agreed that the decision of the SelectionCommittee will be final and binding.

4.2 Selection Criteria

The Selection Committee will evaluate proposals based on the Proponents meeting the followingrequirements:

1. Proponent Profile2. Experience and Qualifications3. Proposed Staff Team and Resources4. Operating Concept5. Operating Plan

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4.3 Selection Process

The Selection Committee will score the proposals using the Proposal Evaluation Table in Appendix F.

If the submission fails any mandatory requirements (Stage 1), the Proposal will be rejected.

A Proponent must score a minimum of 70% (or 59.5 points) in Stage 2 (Technical Proposal) in

order to advance to Stage 3 (Financial Proposal) and have their Financial Proposal evaluated andconsidered further.

The Proposal that achieves the highest Total Score will be ranked first. In the event of a tie Total Score, the Proponent achieving the highest score for its technical portion of the Proposal will be ranked firstoverall.

4.4 Schedule of Events

The timetable for the RFP process is as follows:

Date Milestone

March 14, 2016 RFP Issue Date

March 22, 2016 Deadline for Proponent questions (4:00 PM)

March 30, 2016 RFP Closing Date

Week of April 8, 2016 Rectification Period

Week of April 22, 2016 Evaluation Completion Date

Week of April 29, 2016 Notification of Award Date

The City reserves the right to change the dates at its sole discretion. Written notice of any changes will be provided where feasible.

4.5 Submission and Rectification Period

Other than inserting the information requested on the mandatory submission forms set out in the RFP, aProponent may not make any changes to any of the forms. Proponents submitting proposals that do notmeet the mandatory requirements will be provided an opportunity within the Rectification Period torectify any deficiencies.

4.6 Rectification Period

Proposals satisfying the mandatory requirements within the Rectification Period will proceed to the nextstage of evaluation. Proposals failing to satisfy the mandatory requirements within the RectificationPeriod will be excluded from further consideration.

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4.7 Clarifications

As part of the evaluation process the Selection Committee may make requests for further informationwith respect to the content of any Proposal in order to clarify the understanding of the Proponent’sresponse. The clarification process is related to specific ambiguities only and shall not be used to obtainrequired information that was not submitted at time of close or to promote the Proponent’s company.

The Selection Committee may request this further information from one or more Proponents and not fromothers.

4.8 Interviews

A Proponent whose written Proposal has met or exceeded the minimum score of the technical portion ofthe Proposal or has received a high ranking may be invited to an interview with the Selection Committee,the results of which will be used by the Committee as a mechanism to revisit, revise, confirm and finalizethe score and select the recommended Proponent(s). The City reserves the right to interview up to amaximum of three (3) top ranked Proponents. The Selection Committee may interview any Proponent(s)without interviewing others, and the City will be under no obligation to advise those not receiving aninvitation until completion of the evaluation and selection process.

The representatives designated by the Selection Committee in its invitation to the Proponent must attendany interview scheduled as part of this evaluation process unless the City agrees otherwise in writing andat its sole discretion.

The representative of a Proponent at any interview scheduled is expected to be thoroughly versed andknowledgeable with respect to the requirements of this RFP and the contents of its Proposal, and musthave the authority to make decisions and commitments with respect to matters discussed at the interview,which may be included in any resulting Agreement.

Where the staff team proposed by the Proponent is an important element in the selection criteria, the staffteam proposed shall be present for the interviews.

No Proponent will be entitled to be present during, or otherwise receive, any information regarding anyinterview with any other Proponent.

Refusal of a Proponent to participate in an interview/demonstration requested by the City may, in theCity's sole discretion, be considered a failure of the Proponent to comply with a Mandatory Requirementof the RFP and thus subject to disqualification.

4.7 Evaluation Results

Upon conclusion of the evaluation process, a final recommendation will be made by the SelectionCommittee to the appropriate City staff member and/or City Council for approval.

Proposal evaluation results shall be the property of the City and are subject to MFIPPA. Evaluationresults may be subject to public release pursuant to MFIPPA.

Proponents should be aware that Council and individual Councillors have the right to view the responses provided that their requests have been made in accordance with the City’s procedure.

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4.8 Negotiations and Agreement

The award of any Agreement will be at the absolute discretion of the City. The selection of arecommended Proponent will not oblige the City to negotiate or execute an Agreement with that PreferredProponent.

Any award of an Agreement resulting from this RFP will be in accordance with the bylaws, policies and

procedures of the City.

The City shall have the right to negotiate on such matter(s) as it chooses with the recommendedProponent without obligation to communicate, negotiate, or review similar modifications with otherProponents. The City shall incur no liability to any other Proponent as a result of such negotiation oralternative arrangements.

During negotiations, the scope of the services may be refined, issues may be prioritized, responsibilitiesamong the Proponent, all staff and sub-consultants provided by it and the City may be settled and theissues concerning implementation may be clarified.

Any Agreement must contain terms and conditions in the interests of the City and be in a form

satisfactory to the City Manager. If the Agreement requires City Council approval, then the finalAgreement must contain terms and conditions substantially as set out in the Council report authorizing theAgreement. Any Agreement will incorporate as schedules or appendices such part of the RFP (includingaddenda) and the Proposal submitted in response thereto as are relevant to the provision of the goodsand/or services.

The terms and conditions found in the Form of Agreement (Appendix B) are to form the starting point fornegotiations between the City and the selected proponent. Failure to accept any of the terms andconditions found in the Form of Agreement may result in negotiations with that Proponent beingdiscontinued.

If any Agreement cannot be negotiated within sixty (60) business days of notification to the

recommended Proponent, the City may, at its sole discretion, terminate negotiations with that Proponentand negotiate an Agreement with another Proponent or abort the RFP process and not enter into anyAgreement with any of the Proponents.

5.0 PROPOSAL SUBMISSION REQUIREMENTS

5.1 General Overview

The City has formulated the procedures set out in this RFP to ensure that it receives Proposals through anopen, competitive process, and that Proponents receive fair and equitable treatment in the solicitation,receipt and evaluation of their Proposals. The City may reject the Proposal of any Proponent who fails to

comply with any such procedures.

Proposals are expected to address the RFP content requirements as outlined herein, and should be wellordered, detailed and comprehensive. Clarity of language, adherence to suggested structuring, andadequate accessible documentation is essential to the City’s ability to conduct a thorough evaluation.General marketing and promotional material will not be reviewed or considered.

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The City prefers that the assumptions used by a Proponent in preparing its Proposal are kept at aminimum and to the extent possible, that Proponents will ask for clarification prior to the deadline forProponent questions rather than make assumptions. Proponents should also review sections 3 to 6 ofAppendix A with respect to asking questions about the RFP. Where a Proponent's assumptions areinconsistent with information provided in the RFP, or so extensive that the total Proposal cost is qualified,such Proponent risks disqualification by the City in the City's sole discretion.

5.2 Proposal Documentation and Delivery

The documentation for each Proposal:

a) Must be submitted in a sealed envelope or container (submissions made by fax, telephone,electronic message or telegram will not be accepted) displaying a full and correct return address.

b) Should be limited to preferably 25 pages, double sided, (for a total of 50 pages) minimum 11 point font, with unlimited appendices.

c) Must consist of one (1) original (clearly marked as such on its first page) and preferably six (6)full photocopies of:

(i) A Main Proposal Document as described in the section below titled Proposal Content,including all attachments and appendices as required. (Mandatory)

(ii) Form 1 (Proposal Submission Form) completed and signed by an authorized official ofthe Proponent. This includes the acknowledgement of all addenda received as perAppendix A, item 4. (Mandatory)

(iii) Form 2 (Policy to Exclude Bids from External Parties involved in the Preparation orDevelopment of a Specific Call/Request) completed as indicated (Mandatory)

(iv) Form 3 (Restrictions on the Hiring and use of Former City of Toronto ManagementEmployees for City Contracts) completed as indicated, if applicable.

(v) Form 4 (Environmentally Responsible Procurement Statement) completed asindicated, if applicable.

(vi) Financial Proposal Form (Mandatory) – Appendix D

Note: Forms 1 to 4 are provided in Appendix C.

d) Should consist of one (1) original Form 6 (Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy) completed and submitted as indicatedon the form, if applicable. Note: Form 6 is provided in Appendix C;

e) must be completed in a non-erasable medium and signed in ink;

f) must not include:i) any qualifying or restricting statements;ii) exceptions to the terms and conditions of the RFP that have not be approved through an

addendum; oriii) additional terms or conditions.

g) Must be delivered no later than the Closing Deadline to:Chief Purchasing OfficialPurchasing and Materials Management Division18th Floor, West Tower, City HallToronto, ON, M5H 2N2

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Delays caused by any delivery service (including Canada Post and courier) shall not be groundsfor any extension of the Deadline, and Proposals that arrive after the Deadline will not beaccepted.

5.3 Proposal Content

The Proposal should contain the following items:

Letter of Introduction – Introducing the Proponent and signed by the person(s) authorized to sign on behalf of and to bind the Proponent to statements made in response to this RFP. This should contain thesame signature as the person signing the submission forms.

Table of Contents – Include page numbers and identify all included materials in the Proposalsubmission.

Subsection 1 – Executive Summary

The Proponents should provide a summary of the key features of the Proposal.

Subsection 2 – Proponent Profile

Proponents should have staff, organization, culture and financial resources to ensure their ongoing abilityto manage the Facility.

1. To permit the Proponent to be evaluated fully as a viable and sound enterprise, include thefollowing information with respect to the Proponent, and if applicable, for each consortium member.

(a) A profile and summary of corporate history including:

date company started;

products and/or services offered;

total number of employees;

major clients; and

business partners and the products/services they offer;

(b) A profile and summary of corporate history of any parents or subsidiaries andaffiliates and the nature of the Proponent’s relationship to them (i.e., research, financingand so on).

(c) Proof of financial viability by providing the following information as required for

Publicly Held companies and Privately Held companies, and Not-For-ProfitOrganization:

(i) For Publicly held companies:

audited financial statements for the two (2) most recent years available (orannual report);

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(ii) For Privately held companies:

letter from their financial institution or from their auditor providingassurance to the City that the Proponent has been and is financially viableand solvent as a going concern; confirmation that the Proponent has thefinancial capacity to complete this project; and that the undertaking of this project will not put any undue financial burden on the Proponent

(iii) Not-For-Profit organizations:

Most recent audited financial statement or unaudited financial statementsigned by two board members

Copy of Letters Patent or registration as Charitable Organization

Copy of Constitution and or By-laws

2. If the Proponent is a member of a consortium, provide a description of the relationship(s) betweenconsortium members. Please note section 2 of Appendix A regarding consortiums and therequirement that there be a single Proponent.

Subsection 3 – Experience and Qualifications of the Proponent

1. It is important that the Work be undertaken by a Proponent who can demonstrate specificknowledge of, and experience in performing similar work for projects of comparable nature, sizeand scope. In particular, the Proponent should demonstrate the following in its Proposal:

(a) Describe the necessary skills, experience and expertise they have in the area of community boating.

(b) Preferably provide a minimum of two (2) references for the purpose of evaluating theProponent’s experience and track record of success. Note that the City prefers references for

solutions that are similar to the solution being proposed in response to this RFP. For example,solutions for the municipal/public sector, using the same or similar services proposed, projects of similar size, scale and complexity. Each reference should include:

the identity of the reference client organization;

a contact name and title, address and telephone number;

the size and nature of the client’s business;

the number of years dealing with the client;

a description of the project;

the timing and duration of the Proponent’s involvement in the project;

the services that were provided by the Proponent

date of the project;

details regarding the scale of the project; and client’s URL address.

Please note that where the skills/expertise/experience are being provided by a subcontractor or other legalentity apart from the Proponent, a Proposal that does not include the information requested in thisSubsection 3 for each such subcontractor or other entity will not be awarded full marks during theevaluation process. In providing references, Proponents agree that the City can contact the individuals provided as part of the evaluation process. The City will make its own arrangements in contacting thereferences. Substitution of references will not be permitted after the close of the RFP.

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Subsection 4 – Proposed Staff Team and Resources

1. It is important that the work be undertaken by a team who can demonstrate specific knowledge of,and experience in performing similar work for projects of comparable nature, size and scope. In particular, the Proponent should provide the following in its Proposal:

a) Details of the organizational structure and a list of key staff that the Proponent would

propose to use at the not-for-profit recreational boating club together with theirqualifications and an indication of the duties for which each of the positions will beresponsible. Resumes for proposed individuals are to be included as an Appendix to the proposal

b) Include strategies and individuals that can fulfill the roles and responsibilities for anyunforeseen events requiring replacement of team members.

c) Provide a statement of any conflict of interest, if applicable. Refer to Appendix 'A' – RFPProcess Terms and Conditions for information relating to conflicts of interest.

Note: The Proponent should submit signed consent forms authorizing the disclosure of personal

information to the City, or its designated agent(s), for any resumes that are submitted; however, theProponent will accept all liability if signed consent forms and resumes are not disclosed to the City.

Subsection 5 – Operating Concept

1. In particular, the Proponent should provide the following in its Proposal:

(a) A brief written description of the proposed project outlining the goals and objectives forthe leasing operation.

(b) Improvements, if any, are you proposing to make to the facility to enhance thefacility. (Renderings and design concept of capital renovation work if available.)

(c) A summary of risks/problems/issues associated with this project and how they will bemitigated.

Subsection 6 – Operating Plan

1. The Operating Plan should include the following

(a) Proposed hours of operation

(b) A summary of programs and amenities offered to the club members.

(c) Customer Service processes and procedures including details on how they willimplement customer service mechanisms that will enhance and maintain the satisfactionof members and how refund requests and customer complaints will be handled.

(d) Details on their waste management strategy to address the issue of waste diversion.

(e) Time line for development and operations

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Section 7 – Financial Aspects

A. Capital Proposal

The Proponents must submit Appendix "D" – Capital Proposal Forms. It is not a requirement to propose any annual capital investment, but a "zero" dollar amount should still be indicated and

the form completed.

Capital investment submitted in the Proposal are to be firm for the duration of the RFP processand the term of any resulting Agreement.

All amounts must be stated in Canadian currency. The Proponent shall assume all currency risk.

The City shall not be responsible for any additional costs.

The Vendor shall be solely responsible for all costs including but not limited to, wages, salaries,statutory deductions and any other expenses and liabilities related to its own personnel, andsubcontractors and suppliers and their respective personnel.

The Vendor shall be solely responsible for any and all payments and/or deductions required to bemade including, but not limited to, those required for the Canada Pension Plan, EmploymentInsurance, Workplace Safety and Insurance, and Income Tax.

D. Taxes

Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sectionsof the call document or in the Capital Project Form provided in the call.

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APPENDIX ARFP PROCESS TERMS AND CONDITIONS

1. Proponent’s Responsibility ............................................................................................... 172. Prime Proponent ............................................................................................................... 17

3. City Contacts and Questions ............................................................................................. 174. Addenda ............................................................................................................................ 185. Exceptions to Mandatory Requirements, Terms and Conditions...................................... 186. Omissions, Discrepancies and Interpretations .................................................................. 187. Incurred Costs ................................................................................................................... 188. Post-Submission Adjustments and Withdrawal of Proposals ........................................... 189. No Collusion ..................................................................................................................... 1910. Prohibition Against Gratuities .......................................................................................... 1911. Acceptance of Proposals ................................................................................................... 1912. Verification ....................................................................................................................... 1913. Unbalanced Bids ............................................................................................................... 1914. Conflicts of Interest .......................................................................................................... 20

15. Ownership and Confidentiality of City-Provided Data ..................................................... 2016. Ownership and Disclosure of Proposal Documentation ................................................... 2017. Intellectual Property Rights .............................................................................................. 2018. Failure or Default of Proponent ........................................................................................ 2119. Quasi-Criminal/Criminal Activity of a Proponent ........................................................... 2120. Publicity ............................................................................................................................ 2121. Governing Law ................................................................................................................. 22

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1. Proponent’s Responsibility

It shall be the responsibility of each Proponent:

(a) to examine all the components of this RFP, including all appendices, forms and addenda;(b) to acquire a clear and comprehensive knowledge of the required services before submitting a

Proposal;(c) to become familiar, and (if it becomes a successful Proponent) comply, with all of the City’s

Policies and Legislation set out on the City of Toronto website at

http://www.toronto.ca/calldocuments/policy.htm

The failure of any Proponent to receive or examine any document, form, addendum, Agreement or policyshall not relieve the Proponent of any obligation with respect to its Proposal or any Agreement enteredinto or Purchase Order issued based on the Proponent’s Proposal.

2. Prime Proponent

A Proposal by a consortium of two or more entities may be submitted, but one person or company must be shown as the prime Proponent and be prepared to represent the consortium to the City by executing theAgreement, acting as the primary contact, and taking overall responsibility for performance of theAgreement.

Where a Proposal is made by a prime Proponent with associate firms working with or under the prime

Proponent in either a sub-contracting or consortium relationship, it is required that those associate firms be named in the Proposal.

3. City Contacts and Questions

All contact and questions concerning this RFP should be directed in writing to the City employee(s)designated as “City Contact” in the Notice to Potential Proponents.

No City representative, whether an official, agent or employee, other than those identified “CityContacts” are authorized to speak for the City with respect to this RFP, and any Proponent who uses anyinformation, clarification or interpretation from any other representative does so entirely at theProponent’s own risk. Not only shall the City not be bound by any representation made by anunauthorized person, but any attempt by a Proponent to bypass the RFP process may be grounds forrejection of its Proposal.

From and after the date of this RFP until the time of any ensuing contract award, no communication withrespect to this matter shall be made by any potential Proponent, or its representatives, including a third- party representative employed or retained by it (or any unpaid representatives acting on behalf of either),to promote its Proposal or oppose any competing Proposal, nor shall any potential Proponent, or itsrepresentatives, including a third party representative employed or retained by it (or any unpaidrepresentatives acting on behalf of either), discuss the RFP or its Proposal with any City staff, Cityofficials or Council member(s), other than a communication with the "City Contact" identified on page 1on this RFP.

Proponents should be aware that communications in relation to this RFP outside of those permitted by theapplicable procurement policies and this RFP document contravene the Lobbying By-law, an offence for

which a person is liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on eachsubsequent conviction. In addition, the City's Procurement Processes Policy provides that any Proponentfound in breach of the policy may be subject to disqualification from the call or a future call or calls at thediscretion of Council.

Notwithstanding anything to the contrary as set out in this document, the obligations as set out in the Cityof Toronto Municipal Code, Chapter 140 shall apply.

For your information, please find below the links to the City's Procurement Processes Policy, LobbyingBy-Law and Interpretive Bulletin on Lobbying and Procurement:

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http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf

4. Addenda

If it becomes necessary to revise any part of this RFP, the revisions will be by Addendum postedelectronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments. Proponentsand prospective Proponents SHOULD MONITOR THAT SITE as frequently as they deem appropriate

until the day of the Deadline. Only answers to issues of substance will be posted. The City reserves theright to revise this RFP up to the Closing Deadline. When an Addendum is issued the date for submittingProposals may be revised by the City if, in its opinion, the City determines more time is necessary toenable Proponents to revise their Proposals.

All Proponents must acknowledge receipt of all Addenda in the space provided on the ProposalSubmission Form.

The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the finalAddendum (if any) no later than two (2) days prior to the Deadline.

5. Exceptions to Mandatory Requirements, Terms and Conditions

If a Proponent wishes to suggest a change to any mandatory requirement, term or condition set forth inany part of this RFP, it should notify the City in writing not later than the deadline for questions. TheProponent should clearly identify any such requirement, term or condition, the proposed change and thereason for it. If the City wishes to accept the proposed change, the City will issue an Addendum asdescribed in the article above titled Addenda. The decision of the City shall be final and binding, fromwhich there is no appeal. Changes to mandatory requirements, terms and conditions that have not beenaccepted by the City by the issuance of an Addendum that derogate from the City's preferred terms andconditions will be evaluated and may result in the proposal failing to meet a minimum threshold score.

6. No Contract A and No ClaimsThe procurement process is not intended to create and shall not create a formal legally binding bidding process and shall instead be governed by the law applicable to direct commercial negotiations. For greatercertainty and without limitation:

(a) the RFP shall not give rise to any Contract A-based tendering law duties or any other legalobligations arising out of any process contract or collateral contract; and

(b) neither the proponent nor the City shall have the right to make any claims (in contract, tort, orotherwise) against the other with respect to the award of a contract, failure to award a contract orfailure to honour a response to the RFP.

7. Omissions, Discrepancies and Interpretations

A Proponent who finds omissions, discrepancies, ambiguities or conflicts in any of the RFPdocumentation or who is in doubt as to the meaning of any part of the RFP should notify the City inwriting not later than the deadline for questions. If the City considers that a correction, explanation or

interpretation is necessary or desirable, the City will issue an Addendum as described in the article abovetitled Addenda. The decision and interpretation of the City shall be final and binding, from which thereis no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions ofthe RFP documents.

8. Incurred Costs

The City will not be liable for, nor reimburse, any potential Proponent or Proponent, as the case may be,for costs incurred in the preparation, submission or presentation of any Proposal, for interviews or anyother activity that may be requested as part of the evaluation process or the process for the negotiation orexecution of an Agreement with the City, as the case may be.

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The rejection or non-acceptance of any or all Proposals shall not render the City liable for any costs ordamages to any firm that submits a Proposal.

9. Withdrawal of Proposals

At any time throughout the RFP process, a proponent may withdraw a submitted proposal. To affect awithdrawal, a notice of withdrawal must be sent to the City Contact and must be signed by an authorizedrepresentative. The City is under no obligation to return withdrawn proposals.

A Proponent who has withdrawn a Proposal may submit a new Proposal, but only in accordance with theterms of this RFP.

After the Deadline each submitted Proposal shall be binding on Proponents for a period of 120 days.

If the City makes a request to a Proponent for clarification of its Proposal, the Proponent will provide awritten response accordingly, which shall then form part of the Proposal.

10. No Collusion

No Proponent may discuss or communicate about, directly or indirectly, the preparation or content of itsProposal with any other Proponent or the agent or representative of any other Proponent or prospectiveProponent. If the City discovers there has been a breach at any time, the City reserves the right todisqualify the Proposal or terminate any ensuing Agreement.

11. Prohibition against Gratuities

No Proponent and no employee, agent or representative of the Proponent, may offer or give any gratuityin the form of entertainment, participation in social events, gifts or otherwise to any officer, director,agent, appointee or employee of the City in connection with or arising from this RFP, whether for the purpose of securing an Agreement or seeking favourable treatment in respect to the award or amendment ofthe Agreement or influencing the performance of the Agreement, including without restrictionenforcement of performance standards, or expressing appreciation, or providing compensation, for theaward of an Agreement or for performance of the City's obligations thereunder or for conferring favoursor being lenient, or in any other manner whatsoever.

If the City determines that this article has been breached by or with respect to a Proponent, the City may

exclude its Proposal from consideration, or if an Agreement has already been entered into, may terminateit without incurring any liability.

12. Acceptance of Proposals

The City shall not be obliged to accept any Proposal in response to this RFP.

The City may, without incurring any liability or cost to any Proponent:a) accept or reject any or all Proposal(s) at any time; b) waive immaterial defects and minor irregularities in any Proposals;c) modify and/or cancel this RFP prior to accepting any Proposal;d) award a contract in whole or in part.

The City is relying on the experience and expertise of the Proponent. The City reserves the right to

disqualify any Proponent who has given inaccurate, incomplete, false or misleading information in thesole opinion of the City.

13. No Contract until Execution of Written Agreement

The RFP process is intended to identify prospective Vendors for the purposes of negotiating potentialagreements. No legal relationship or obligation shall be created between the Proponent and the City bythe RFP process until the successful negotiation and execution of a written agreement, incorporating theterms of this RFP and the successful Proposal.

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14. Verification

The City reserves the right to verify with any Proponent or with any other person any information provided in its Proposal but shall be under no obligation to receive further information.

If, in the opinion of the City, any Proponent has clearly misinterpreted the services or underestimated thehours or value of the services to be performed as reflected in its Proposal content and submitted

price/fees, or all or any or any combination of them, then the City may reject its Proposal as notrepresentative of the scope of the services).

15. Unbalanced Bids (In this paragraph “Bid” refers to the Proposal)

The City may reject a bid if it determines, in its sole discretion, that the bid is materially imbalanced.

A bid is materially imbalanced when:

(1) it is based on prices which are significantly less than cost for some items of work and priceswhich are significantly overstated in relation to cost for other items of work; and

(2) the City had determined that the proposal may not result in the lowest overall cost to the Cityeven though it may be the lowest submitted bid; or

(3) it is so unbalanced as to be tantamount to allowing an advance payment.

16. Conflicts of Interest

In its Proposal, the Proponent must disclose to the City any potential Conflict of Interest that mightcompromise the integrity of the call process or the performance of the Work. If a Conflict of Interest doesexist, the City may, at its discretion, refuse to consider the Proposal. The Proponent has an ongoing dutyto disclose any potential Conflict of Interest while engaged in the call process and thereafter in the performance of the Work. If a potential Conflict of Interest exists or arises during the evaluation processor the negotiation of the Agreement, the City may, at its discretion, refuse to consider the Proposal orwithhold the awarding of any Agreement to the Proponent until the matter is resolved to the City’s solesatisfaction.

The Proponent must also disclose whether it is aware of any City employee, Council member or member

of a City agency, board or commission or employee thereof having a financial interest in the Proponentand the nature of that interest.

If, during the Proposal evaluation process or the negotiation of the Agreement, the Proponent is retained by another client giving rise to a potential Conflict of Interest, then the Proponent will so inform the City.If the City requests, then the Proponent will refuse the new assignment or will take such steps as arenecessary to remove the potential Conflict of Interest concerned.

Proponents are cautioned that the acceptance of their Proposal may preclude them from participating as aProponent in subsequent projects where a Conflict of Interest may arise. The successful Proponent forthis project may participate in subsequent/other City projects provided the successful Proponent hassatisfied pre-qualification requirements of the City, if any, and in the opinion of the City, no Conflict ofInterest would adversely affect the performance and successful completion of an Agreement by the

successful Proponent.

17. Ownership and Confidentiality of City-Provided Data

All correspondence, documentation and information provided by City staff to any Proponent or prospec-tive Proponent in connection with, or arising out of this RFP, the Services or the acceptance of anyProposal:

a) is and shall remain the property of the City; b) must be treated by Proponents and prospective Proponents as confidential;c) must not be used for any purpose other than for replying to this RFP, and for fulfillment of any

related subsequent Agreement.

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18. Ownership and Disclosure of Proposal Documentation

The documentation comprising any Proposal submitted in response to this RFP, along with allcorrespondence, documentation and information provided to the City by any Proponent in connectionwith, or arising out of this RFP, once received by the City:

a) shall become the property of the City and may be appended to the Agreement and/orPurchase Order with the successful Proponent;

b) shall become subject to the Municipal Freedom of Information and Protection of Privacy

Act (" MFIPPA"), and may be released, pursuant to that Act.

Because of MFIPPA, prospective Proponents are advised to identify in their Proposal material anyscientific, technical, commercial, proprietary or similar confidential information, the disclosure of whichcould cause them injury.

Each Proponent’s name at a minimum shall be made public. Proposals will be made available tomembers of City Council provided that their requests have been made in accordance with the City’s procedure and may be released to members of the public pursuant to MFIPPA.Intellectual Property Rights

Each Proponent warrants that the information contained in its Proposal does not infringe any intellectual property right of any third party and agrees to indemnify and save harmless the City, its staff and itsconsultants, if any, against all claims, actions, suits and proceedings, including all costs incurred by theCity brought by any person in respect of the infringement or alleged infringement of any patent,copyright, trademark, or other intellectual property right in connection with their Proposal.

19. Failure or Default of Proponent

If the Proponent, for any reason, fails or defaults in respect of any matter or thing which is an obligationof the Proponent under the terms of the RFP, the City may disqualify the Proponent from the RFP and/orfrom competing for future tenders or RFP issued by the City for a period of one year. In addition, theCity may at its option either:

a) Consider that the Proponent has withdrawn any offer made, or abandoned the Agreement if theoffer has been accepted, whereupon the acceptance, if any, of the City shall be null and void; or

b) Require the Proponent to pay the City the difference between its Proposal and any other Proposalwhich the City accepts, if the latter is for a greater amount and, in addition, to pay the City any

cost which the City may incur by reason of the Proponent’s failure or default, and further theProponent will indemnify and save harmless the City, its officers, employees and agents from allloss, damage, liability, cost, charge and expense whatever which it, they or any of them maysuffer, incur or be put to by reason of such default or failure of the Proponent.

20. Quasi-Criminal/Criminal Activity of a Proponent:

The City may reject a Proposal or Proponent if the City:

a) Confirms that the Proponent or any individual that owns, directs, or controls the Proponent has been charged with or convicted of an offence under the Criminal Code, an offence as defined inthe Provincial Offences Act, or an offence pursuant to similar laws outside of Ontario, or has been named in an order or similar enforcement action by a regulatory authority;

b) Determines that this charge, conviction or order is material to the given procurement; andc) Determines that, in light of this charge or conviction, awarding to that Bidder could compromise

the delivery of the goods or services or would otherwise undermine the business reputation of theCity or the public's confidence in the integrity of the call process.

21. Publicity

The Proponent and its affiliates, associates, third-party service providers, and subcontractors shall notrelease for publication any information in connection with this RFP or any Agreement without priorwritten permission of the City.

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22. Governing Law

This RFP and any Proposal submitted in response to it and the process contemplated by this RFPincluding any ensuing Agreement shall be governed by the laws of the Province of Ontario. Any disputearising out of this RFP or this RFP process will be determined by a court of competent jurisdiction in theProvince of Ontario.

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APPENDIX B

SAMPLE LEASING AGREEMENT

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APPENDIX C

STANDARD SUBMISSION FORMS

FORM 1: Proposal Submission Form – Mandatory

FORM 2: Policy to Exclude Bids From External Parties Involved in the Preparation orDevelopment of a Specific Call/Request - Mandatory

FORM 3: Restrictions on the Hiring and Use of Former City of Toronto ManagementEmployees for City Contracts – If Applicable

FORM 4: Environmentally Responsible Procurement – If Applicable

FORM 5: Notice of No Submission – If Applicable

FORM 6: Declaration of Compliance with Anti-Harassment/Discrimination Legislation andCity Policy

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FORM 2

POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THEPREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST

To ensure Fair and Equal Treatment in its competitive procurements, the City of Toronto will undertaketo:

disallow bidders/proponent from submitting a bid to any Tender, Quotation, or Proposal call in whichthe bidders/proponent has participated in the preparation of the call document; and

a bidder/proponent who fails to comply will result in disqualification of their response to thecall/request.

Did you, the proponent, assist the City of Toronto in the preparation of this Request for Proposal call?

Specify: Yes _______ No _________

For a copy of the City of Toronto Policy, visit the website at

http://www.toronto.ca/citybusiness/pdf/bidsfromexternalparties.pdf

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FORM 3

RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTOMANAGEMENT EMPLOYEES FOR CITY CONTRACTS

The purpose of this Policy to ensure that former City of Toronto management employees who took part ina separation program or received a retirement package, are prohibited from participating in contracts

directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two yearsstarting from an employee’s separation date.

Former employees covered by this policy are prohibited from participating in contracts directly or indirectlyrelated to the City of Toronto or its special purpose bodies for a period of two years starting from theemployee’s separation date. This would include, but not be limited to, for example, the following roles:

As an independent contractor/consultant;

As a contractor/consultant on City project Work for a company/firm (but, the firm may compete); or

As a contractor/consultant on City project Work for a company/firm that has been sub-contracted byanother company/firm.

Former City of Toronto management employees who took part in a separation program or received aretirement incentive are prohibited from participating in contracts directly or indirectly related to the City

of Toronto and its special purpose bodies for a period of two years starting from an employee’stermination date.

Notes: (1) Adopted by Council at its meeting of February 4, 5, & 6, 1998, Report No. 2, Clause No.2 of the Strategic Policies and Priorities Committee, and

(2) Revised by City Council at its meeting of November 26, 27, 28, 2002, Report No. 14,Clause No. 6, Administration Committee.

Respondents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last twoyears.

Specify: .

This policy will be considered in the evaluation of all submissions received by the City of Toronto.

For further information contact:

Manager, Corporate Purchasing, Policy & Quality Assurance18th Floor, West Tower, City Hall, (416) 392-0387

For a copy of the City of Toronto Policy, visit the website athttp://www.toronto.ca/calldocuments/pdf/former_employees.pdf

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FORM 4ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT

The City of Toronto Environmentally Responsible Procurement Policy encourages bidders to also offer products/services that are environmentally preferred.

Environmentally preferred products/services offered must be competitive in cost, conform tospecifications, performance requirements and, be suitable for the intended application as determined by

the using department(s)

Environmentally preferred products/services are those such as durable products, reusable products, energyefficient products, low pollution products/services, products (including those used in services) containingmaximum levels of post-consumer waste and/or recyclable content, and products which provide minimalimpact to the environment.

An environmentally preferred product is one that is less harmful to the environment than the next bestalternative having characteristics including, but not limited to the following:

1. Reduce waste and make efficient use of resources: An Environmentally Preferred Productwould be a product that is more energy, fuel, or water efficient, or that uses less paper, ink, orother resources. For example, energy-efficient lighting, and photocopiers capable of

double-sided photocopying.

2. Are reusable or contain reusable parts: These products such as rechargeable batteries,reusable building partitions, and laser printers with refillable toner cartridges.

3. Are recyclable: A product will be considered to be an Environmentally Preferred Product iflocal facilities exist capable of recycling the product at the end of its useful life.

4. Contain recycled materials: An Environmentally Preferred Product contains post-consumerrecycled content. An example is paper products made from recycled post-consumer fibre.

5. Produce fewer polluting by-products and/or safety hazards during manufacture, use ordisposal: An EPP product would be a non-hazardous product that replaces a hazardous

product.

6. Have a long service-life and/or can be economically and effectively repaired to upgraded.

Bidders shall if requested, provide written verification of any environmental claims made in their bid/Proposal satisfactory to the City of Toronto within five (5) working days of request at no cost to theCity. Verification may include, but not be limited to, certification to recognized environmental program(e.g., Environmental Choice Program [ECP]), independent laboratory tests or manufacturer's certifiedtests, Only proven environmentally preferred products/services shall be offered. Experimental or prototype products/services will not be considered.

For a copy of the City of Toronto Environmentally Responsible Procurement Policy, visit the website athttp://www.toronto.ca/calldocuments/pdf/environment_procurement.pdf

State if environmentally preferred products/service is being offered: YES______ NO______

State briefly the environmental benefit of the product/service offered:

__________________________________________________________________________

__________________________________________________________________________

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IMPORTANT - PLEASE READ THIS

It is important to the City of Toronto to receive a reply from all invited Proponents. There is no obligation to submit a Proposal;however, should you choose not to submit, completion of this form will assist the City in determining the type of services you areinterested in submitting a Proposal in the future.

INSTRUCTIONS:

If you are unable, or do not wish to submit a Proposal on this Request for Proposals, please complete the following portions of thisform. State your reason for not submitting a Proposal by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Proposals documents.

1. We do not offer this service. Other reasons or additional comments.

2. We do not offer services to these requirements.

3. Unable to offer services competitively.

4. Cannot handle due to present commitments.

5. Quantity/project too large.

6. Cannot meet delivery/completion requirements.

7. Licensing restrictions.

Do you wish to participate in Request for Proposals for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space. Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.:

Fax No.:

Email: [email protected]

FORM 5

NOTICE OF “NO SUBMISSION”

RFP # : 9172-16-7044 CC

CLOSING DATE: March 30, 2016

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FORM 6

Declaration of Compliance with Anti -Harassment/DiscriminationLegislation & City Policy

Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, theOccupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Crimin

Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discriminatiothe additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are requiredhave and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process availabltheir employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibilitycomplaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Indiviare obliged to refrain from harassment/hate activity.

The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Complianwith Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submittedthe contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may beincluded in a public report to City Council.

Declaration: I/we uphold our ob ligations under the above provincial and federal legislation. In addition, I/we uphold our ob ligationsunder City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and levliteracy.

WHERE LEGALLY MANDATED I/we have in p lace the necessary poli cies, programs, information, inst ruction , plans and/orother supports that are consistent with our obligations, and I/we have an internal process available to my/our employees aservice recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibilit y complaintsI/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instructionplans and other supports and an appropriate internal complaint resolution process required under this Declaration which isuffici ent to allow the City to determine compli ance. I/We acknowledge that failure to demonstrate compliance with t hisdeclaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the terminatiothe contract.

Name of Vendor o r Name of Grant Applicant (Organization or Individual):

Complete Address: Email ___________________________

Tel. No. ___________________________

Postal Code: Fax No. __________________________

Name of Signing Officer or Name of Applicant (Name – please print): Position

Signature: Date: Authorised Signing Officer or Individual

Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca

G r o u p / V e n d o r / I n d i v i d u a l N a m e :

D a t e :

ForOfficeUseOnly

D E C L A R A T I O N O F C O M P L I A N C E W I T H A N T I - H A R A S S M E N T / D I S C R I M I N A T I O

N L E G I S L A T I O N & C I T Y P O L I C Y

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APPENDIX D

FINANCIAL PROPOSAL FORM(Not-For-Profit Recreational Boat Club)

NOTE: THIS FINANCIAL PROPOSAL FORM MUST BE COMPLETED IN FULL AND MUSTBE SUBMITTED WITH YOUR PROPOSAL SUBMISSION. FAILURE TO DO SO WILLDECLARE YOUR PROPOSAL SUBMISSION NON-COMPLIANT.

Proponents shall state the annual guaranteed net capital investment, excluding all taxes.

Capital Contribution for the Base Years (Years 1 to 9)

Contract Year Forecasted Capital Investment

Year 1 $

Year 2 $

Year 3 $

Year 4 $

Year 5 $

Year 6 $

Year 7 $

Year 8 $

Year 9 $

Grand Total ( Years 1 to 9) *Value to be used for evaluationtable

$

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APPENDIX E

SITE MAP AND PHOTOS

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APPENDIX F

PROPOSAL EVALUATION TABLE

STAGE 1 – MANDATORY SUBMISSION REQUIREMENTS

Compliance with mandatory submission requirements

Refer to Article 5.2 Proposal Documentation and Delivery for the list of MandatoryRequirements.

Pass/Fail

STAGE 2 – DETAILED EVALUATION (PROPOSAL CONTENT)POINTS

AVAILABLE

(a) Executive Summary and Proponent Profile

As per Article 5.3, Subsections 1 (Executive Summary) and 2 (Proponent Profile) 15

(b) Experience and Qualifications of the Proponent

As per Article 5.3, Subsection 3 (Experience and Qualifications of the Proponent)35

(c) Proposed Staff Team and Resources

As per Article 5.3, Subsection 4 (Proposed Staff Team and Resources)15

(d) Operating Concept

As per Article 5.3, Subsection 5 (Plans and Operation of Facility)10

(e) Operating Plan

As per Article 5.3, Subsection 6 (Programs and Customer Service)10

TOTAL POINTS – STAGE 2A (PROPOSAL CONTENT) 85

STAGE 2B – CAPITAL PROPOSAL

Proponents must score a minimum of 70% (or 59.50 points) in Stage 2A in order to advanceto Stage 2B and be considered further.

POINTSAVAILABLE

Forecasted Capital Investment (Appendix E)

Formula: (Proponent's Capital Investment Highest Capital Investment) x 15 15

TOTAL POINTS – STAGE 2B (FINANCIAL PROPOSAL) 15

TOTAL MAXIMUM SCORE 100

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