NEGOTIATED REQUEST FOR PROPOSAL No TOWING & STORAGE SERVICES

Transcription

1 NEGOTIATED REQUEST FOR PROPOSAL No TOWING & STORAGE SERVICES ISSUED: November 16, 2017 CLOSING LOCATION: Purchasing Department 2020 Labieux Road Nanaimo, BC V9T 6J9 CLOSING DATE AND TIME: Proposals must be received at the Purchasing Department prior to: 3:00 PM (15:00 hrs) Pacific Time on December 14, 2017 CITY CONTACT: Purchasing Manager Telephone: Deadline for questions is five (5) business days before the established close date. Proposals will not be opened publicly

2 Table of Contents Purpose... 6 Definitions INSTRUCTIONS AND COMPETITION CONDITIONS... 9 Proposal Closing Date and Delivery Instructions... 9 Schedule of NRFP... 9 Signature... 9 Contact Information Communications and Enquiries Deadline Extension Addenda Examination of Agreement Documents Amendment to Proposals Error in Proposal Withdrawal of Proposals No Claim for Compensation Liability for Errors No Contract Conflict of Interest Proponent Communication Illegal or Unethical Conduct Consent to Use of Information Canadian Free Trade Agreement Solicitation of Council Members and City Staff Ownership of Proposals Freedom of Information and Privacy Protection Act (FOIPPA) Opening of Proposals PROPOSAL SUBMISSION AND EVALUATION Working Language Proposal Eligibility Evaluation Criteria The City of Nanaimo Page 2 of 53

3 3.3.1 Company Profile and Manpower Experience and Qualifications Equipment Site(s) and Secure Facility Capability Administrative Support and Reporting Compensation (Revenue) Structure Proposed Agreement Evaluation of Proposals Acceptance and Rejection of Proposals Clarification Litigation Clause Negotiation and Selection Debrief GENERAL TERMS AND CONDITIONS Right of the City to Cancel the NRFP Process Intention of Award Intended Term of Agreement Towing Fees Revenue Sharing Revenue Adjustment Annual Performance Review, Inspections and Audits Reporting and Records Keeping of Records Electronic Records Inspection of Records Custody of Records Payment to the City Gifts and Donations Sub-Contracting Insurance Garage Automobile Policy Crime Insurance The City of Nanaimo Page 3 of 53

4 Proof of Insurance Business Licence Workers Compensation - Safety Fuel Consumption Damage and Defects Successful Proponent Performance and Evaluation Termination of Agreement Cancellation Amendment of Agreement Documents Compliance with Laws Licenses and Permits Governing Law Force Majeure Definitions relating to force majeure Duties of Affected Party Dispute Resolution Time is of the Essence SERVICE REQUIREMENTS Introduction Revenue Scope of Work General Towing Services City General Towing Services - RCMP Storage General Site Clean-up Vehicles/Equipment Found in Violation Implementation and Operations Plan Complaints and Inquiries - Communications Plan Meetings Responsiveness to the City Contact with the Public RCMP Storage Requirements and Procedures The City of Nanaimo Page 4 of 53

5 Compensation Towing Yard Facility Location Security / Bonding Primary Commercial Blanket Bond Performance Surety Police Record Checks Transportation of Dangerous Goods Equipment and Operator Regulations Appendix A Submission Form Appendix B Submission Form Proposed Revenue ATTACHMENT A Sample Form of Revenue Sharing Agreement ATTACHMENT B Specifications for Vehicles Found in Violation ATTACHMENT C Fuel Consumption Reporting Form The City of Nanaimo Page 5 of 53

6 Purpose This Negotiated Request for Proposal (NRFP) is to engage a qualified towing company to provide vehicle towing and storage services (including heated, secure vehicle examination bay) as required by the RCMP Nanaimo Detachment and the City and to enter into a revenue sharing agreement with the City for such services. The City anticipates the annual revenue generated from the award of this agreement to be no less than $25, annually to be paid in equal monthly instalments. For more detailed information regarding the project scope, refer to Schedule A Terms of Reference. Definitions In this NRFP, the following terms have the meanings as set out below: Addendum / Addenda means a change, or addition, or correction significant enough to be formally made to this NRFP. Addendums are posted on the City s and BC Bid s websites. Business Day means any day from Monday to Friday inclusive, excluding statutory or civic holidays observed in British Columbia. "By-law Enforcement Officer" means a member of the City By-law Enforcement section, appointed as such by the City, whose duties, in addition to those described elsewhere in this Agreement, extend to include inspection of the Nanaimo Towing Yard and its facilities to ensure that the Towing Yard is maintained and operated in accordance with the terms and conditions of this Agreement. City means the City of Nanaimo located in the Province of British Columbia. "City Employee" means a person who is employed by the City. "City Owned Vehicle" means a vehicle or equipment owned or operated by the City and operated by an officer or employee of one of the various departments of the City, or associated boards and includes a Police Vehicle, Fire Rescue Services Vehicle and any other unit or equipment owned or operated by the City. City Representative sometimes referred to as Procurement Contact means the individual identified in the Instructions to Proponents - Contact Information responsible for managing the NRFP process through whom all correspondence will flow, including receiving all commercial and technical questions and issuing addenda to this NRFP. Closing Date and Time means the date and time deadline for the submission of Proposals as set out herein or as amended by the City by issued Addenda. Agreement also referred to as Agreement means a legal document and any attachments that bind the City and all other parties subject to the provisions of the document(s). Equipment means any equipment owned or operated by the City or privately owned that is required to be towed, but that does not fall within a definition under the Motor Vehicle Act. Evaluation Team means the team appointed by the City to evaluate the Proposals in accordance with this NRFP. Forensic Identification Services (FIS) means the application of forensic science, or "forensics", and technology to identify specific objects from the trace evidence they leave. "Impounded Vehicle" in this Revenue Sharing Agreement, means a vehicle impounded under a City Street and Traffic By-law, or Sections under the Motor Vehicle Act. The City of Nanaimo Page 6 of 53

7 "Insurance Corporation of British Columbia Rates" means the rates effective in the geographic limits of the City established from time to time by the Insurance Corporation of British Columbia for the towing and storage of vehicles. Successful Proponent(s) means the Successful Proponent(s) to this NRFP who enters into an Agreement with the City for the goods and services requested in this NRFP. "Manager of Inspection Services means the individual appointed to this position by the Council of the City of Nanaimo, or a duly authorized designate. Mandatory Requirements means those requirements described herein, which shall be fully satisfied in order for any Proposal to be considered by the City as a qualified Proposal. Mandatory Requirements are those requirements in this NRFP described with a must, shall or mandatory means a requirement that must be met in order for a Proposal to receive consideration. Failure to provide mandatory information may result in a Proposal being rejected; should or desirable means a requirement having a significant degree of importance to the objectives of this NRFP. May used in this document denotes permissive. "Nanaimo Towing Yard" means the locked, fenced compound provided by the Successful Proponent or, at its sole expense, which compound shall be of sufficient size to handle the storage services. Including the required inside storage facilities, and situated at Nanaimo British Columbia. Negotiated Request for Proposal (NRFP) means the document issued by the City used to solicit submissions to provide goods, services or construction for the City. "Officer in Charge" means the officer in charge of the Police or a duly authorized representative. Police means Nanaimo RCMP and includes any Police Officer. "Police Officer" means a member of the Nanaimo RCMP. "Police Vehicle" means a vehicle owned and or operated by the Nanaimo RCMP and operated by a Police employee. Proponent means an individual, firm or a company that submits, or intends to submit, a proposal in response to this NRFP. Proposal sometimes referred to as Submission - means the Proponent's response to the NRFP and includes all the Proponent's attachments and presentation materials. Royal Canadian Mounted Police (RCMP) means the Police Department that services the City of Nanaimo. "Scrap Vehicle" means an Abandoned Vehicle appraised at a value of $1,000 or less. Services" means all includes all Towing and Storage Services set out in Schedule A Terms of Reference and all other services as may have been outlined in the NRFP as first issued to secure the Services. Shall and Will used in this document denotes imperative. Sub-Contractors means a legal entity approved by the City that may undertake the execution of a part of the Services pursuant to an Agreement with the Proponent, and may include both brokers and Sub- Contractors. Submission or Proposal means the information submitted by a Proponent in response to this NRFP. Successful Proponent means a Proponent or Proponents who the City may award the agreement to as a result of the NRFP document(s). Also referred to as the Contactor. Site means the place or places where the Services are to be performed. "Towing Services means the provision by the Successful Proponent of all that is necessary to carry out and complete full Towing Services including, but not limited to, provision on a twenty-four (24) hour seven (7) days per week and three hundred and sixty-five (365) days per year basis of suitable equipment to tow vehicles, to locations as directed by the City and/or RCMP, together with all other associated services. The City of Nanaimo Page 7 of 53

8 "Towing Vehicle" means a properly equipped vehicle operated by a fully licensed and insured operator. Storage Facilities means the provision, operation and administration of an adequately outfitted and secure equipment storage yard, inside storage facilities, vehicle examination garage, and other secure facilities for use by RCMP and the City and approved by the RCMP NCO i/c Nanaimo Forensic Identification Service. "Vehicle" means a motor vehicle as defined under the Motor Vehicle Act and includes an Abandoned Vehicle, a commercial vehicle, trailer and commercial trailer. "Vehicle in Violation or Abandon Vehicle" means a vehicle that may be towed under the Transportation Act (formerly the Highway Scenic Improvement Act), or Sections under the Motor Vehicle Act. The City of Nanaimo Page 8 of 53

9 2 INSTRUCTIONS AND COMPETITION CONDITIONS Proposal Closing Date and Delivery Instructions It is the sole responsibility of the Proponent to submit their Proposal to the Purchasing Department prior to the established Closing Date & Time. Proposals may be delivered by one (1) of the following two (2) methods: i. By hand/courier delivery: Proponents should submit one (1) original hard copy and one (1) electronic version in MS Word/PDF format submitted on an external flash drive. The Proposal should be enclosed and sealed in an envelope/package clearly marked: RFP #1818 Towing and Storage Services and delivered and addressed to the Purchasing Department, City of Nanaimo, 2020 Labieux Road, Nanaimo, BC V9T 6J9. ii. By At the only acceptable electronic address: The subject line should read; RFP #1818 Towing and Storage Services Please note: The maximum file size for s is 8MB, or less. Late Proposals or Proposals received by facsimile will not be considered. In addition, Proposals delivered to an incorrect location will not be considered. It is the Proponent s sole responsibility to ensure their Proposal is received when, where and how it is specified in this RFP document. The City is not responsible for lost, misplaced or incorrectly delivered Proposals. The time clock in the Purchasing Department Office is the official timepiece for the receipt of all Proposals delivered by hand/courier. Electronically submitted Proposals will be deemed to be successfully received when the time as posted on the is at or before the Closing Date and Time. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, and alike. Proposals received by facsimile WILL NOT be accepted. Schedule of NRFP Task Date Issue Date of RFP November 16, 2017 Question Deadline December 7, 2017 Answer Posting Date December 11, 2017 Closing Date December 14, 3:00 p.m. Note: Although every attempt will be made to meet all dates, the City reserves the right to modify any or all dates at its sole discretion at any time. Signature The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: (a) If the Proponent is a corporation then the full name of the corporation should be included, together The City of Nanaimo Page 9 of 53

10 with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted; (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venture should be included. Each partner or joint venture should sign personally or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture. If a partner or joint venture is a corporation then such corporation should sign as indicated in subsection (a) above; or (c) If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included Contact Information The Contact person for this opportunity is as follows: Purchasing Manager purchasinginfo@nanaimo.ca Telephone: Communications and Enquiries All enquiries regarding this NRFP are to be directed in writing and / or by to the City s designate as listed herein. Information obtained from any other source is not official and should not be relied upon. Enquires and responses will be recorded and may be distributed to all Proponents at the City of Nanaimo s option. All enquiries regarding this NRFP must be received no less than five (5) business days before the prior to the established close date. Questions received after this date will be responded to at the City s discretion and responses cannot be guaranteed. Deadline Extension Any request for an extension to the closing date will only be considered if received by the Purchasing Department no less than five (5) business days before the established closing date. Addenda The City reserves the right to respond to questions, make clarifications and changes, in its sole discretion, to this NRFP at any time prior to the Closing Time through the issuance of addenda. If the City determines that an Addendum is necessary, the City will post an Addendum on the City s and on BC Bid s websites. All addenda issued by the City form part of this NRFP. Proponents are cautioned to ensure they have received and reviewed all addenda (if any) prior to submitting a Proposal. Should the City issue any addenda to the NRFP, the changes will be posted on the City of Nanaimo site and on BC Bid No other notices will be issued. The City of Nanaimo Page 10 of 53

11 It is the responsibility of Proponents to ensure that it has retrieved all Addenda/Addendum issued prior to the Closing Date and Time. Examination of Agreement Documents Proponents will be deemed to have carefully examined the NRFP, including all attachments, Schedules, and the Agreement prior to preparing and submitting a Proposal with respect to all facts, which may influence the Proposal. Amendment to Proposals Proposals may be amended in writing and delivered to the Closing Location on or before the Closing Time. The authorized signatory of the Proponent should sign such amendments and either hand delivered or ed to the Purchasing Department. Error in Proposal No Proposal shall be altered, amended, or withdrawn after the closing date and time of the NRFP. Negligence on the part of the Proponent in preparing the Proposal confers no right for withdrawal of the Proposal after it has been opened. While the City has made considerable efforts to ensure an accurate representation of information in each respective NRFP, the information contained in the NRFP is supplied solely as a guideline for the Proponent and is not necessarily comprehensive or exhaustive. Nothing in a City NRFP is intended to relieve the Proponent from forming their own opinions and conclusions in respect of the matters addressed in the NRFP. Withdrawal of Proposals The Proponent may withdraw their Proposal at any time prior to the Proposal Closing Time by submitting a duly signed written withdrawal letter to the City s Purchasing Department and the Proposal will be returned. No Claim for Compensation Proponents are solely responsible for their own expenses in preparing and submitting Proposals, and for any meetings, negotiations, or discussions with the City or its representatives and Consultants, relating to or arising from this NRFP. The City and its representatives, agents, Consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expense, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent as a result in preparing and submitting a Proposal, or participating in negotiations for a Agreement, or other activity related to or arising out of this NRFP. Proponents agree that by participating in the NRFP process, and or submitting a Proposal, they have no claim for compensation. Liability for Errors While the City has taken considerable effort to ensure an accurate representation of information in this NRFP, the information contained is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing The City of Nanaimo Page 11 of 53

12 in this NRFP is intended to relieve the Proponent from forming their opinions and or conclusions with respect to the Services as described in this NRFP. No Contract By submitting a Proposal and participating in the process as outlined in this NRFP, Proponents expressly agree that no contract of any kind, forms under, or arises from this NRFP, exists prior to the signing of a formal written Agreement. Conflict of Interest By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors; or any employee with authority to bind the Proponent, has any financial or personal relationship; or affiliation with any elected official; or employee of the City or their immediate families which might in anyway be seen by the City to create a conflict. Proponent Communication A Proponent may not at any time directly or indirectly communicate with the media in relation to this RFP or any agreement entered into pursuant to this RFP without first obtaining the written permission of the Procurement Contact. Illegal or Unethical Conduct Proponents shall not engage in any illegal business practices, including activities such as bid-rigging, price-fixing, bribery, fraud or collusion. Proponents shall not engage in any unethical conduct, including lobbying or other inappropriate communications, offering gifts to directors, employees, officers, or representatives of The City, deceitfulness, submitting proposals containing misrepresentations or other misleading or inaccurate information, or any other conduct that compromises, or may be seen to compromise, the competitive process provided for in this RFP. Consent to Use of Information By responding to this NRFP, the Proponent consents, and has obtained the written consent from any individuals identified in the Proposal for The City to use the personal information provided in the Proposal to evaluate the Proposal. The Successful Proponent shall provide proof of the consent of individuals as described in this paragraph to The City upon request. Canadian Free Trade Agreement Proponents should note that procurements falling within the scope of Chapter 5 of the Canadian Free Trade Agreement and the New West Partnership Trade Agreement ( NWPTA ) may be subject to those agreements but that the rights and obligations of the parties shall be governed by the specific terms of this RFP. For further reference, please see the Internal Trade Secretariat website at Solicitation of Council Members and City Staff Proponents and their agents will not contact any member of the City Council, City Staff or City consultants with respect to this NRFP, other than the City Representative named in this document or as authorized by Purchasing. The City of Nanaimo Page 12 of 53

13 Ownership of Proposals NRFP No All Proposals, including attachments and any documentation, submitted to and accepted by the City in response to this NRFP become the property of the City. Freedom of Information and Privacy Protection Act (FOIPPA) The contents of the Proposal are subject to the Freedom of Information and Privacy Protection Act (FOIPPA). The Proponent is encouraged to note within their Proposal whether it considers any part of the Proposal as proprietary or trade secret. The City attempts to keep, to the best of its ability, proprietary or trade secret material confidential, only to the extent permitted by law. Notwithstanding the foregoing, the City has the sole discretion in determining whether any part(s) of Proponent Proposals contain information that is exempt from FOIPPA legislation. Opening of Proposals Proposals will NOT be opened publically. The City of Nanaimo Page 13 of 53

14 3 PROPOSAL SUBMISSION AND EVALUATION NRFP No To assist in receiving similar and relevant information, and to ensure your Proposal receives fair evaluation, the City asks Proponents to provide the following information. Working Language The working language of the City is English and all Proposals must be submitted in English. Proposal Eligibility In order for Proposals to be eligible, they must: a) Be received on or before the established closing date and time at the location specified b) Include a copy of the Appendix A - Submission Form signed by an individual authorized to do so on behalf of the Proponent. c) Include a copy of the Appendix B - Submission Form signed by an individual authorized to do so on behalf of the Proponent. PROPOSALS NOT IN COMPLIANCE WITH THE MANDATORY REQUIREMENTS WILL BE REJECTED. Evaluation Criteria The following criteria identify the key components on which Proposals to this NRFP will be evaluated. Item Evaluation Criteria Weight 1. Company Profile and Manpower Experience and Qualifications Equipment Site(s) and Secure Facility Capability Administrative Support and Reporting Compensation (Revenue) Structure 10 TOTAL 100 Proposals submitted should be in enough detail to allow the City to determine the Proponent s qualifications and capabilities from the documents received. Every effort should be made to include complete details of the proposed work Company Profile and Manpower Experience and Qualifications a. Provide an executive summary describing the relevant towing experience and qualifications in delivering services similar to those required by this NRFP. b. Confirm Impound Lot Operator status as certified by the Superintendent of Motor Vehicles. c. Provide up to three (3) current references complete with Company name, contact, phone number and address that the City can contact. Preferred references are ones other than the City. d. Provide complete details regarding your firm including, but not limited to: i. Type of company (limited partnership, limited company or proprietorship) and the name of the Principal Owner(s) of the Company whether actively involved in the operations of the company or not. ii. Company background and history detailing experience, years in business, location and primary service areas. The City of Nanaimo Page 14 of 53

15 iii. Overall number of employees and their titles and roles. iv. Indicate how long each employee has been with the company. v. Number of drivers normally employed, and include the classes of vehicle, they are able to operate. vi. Any other information you feel is relevant and should be included so the City better understands your business. e. Provide a statement as to the stability and structure of the company. f. Provide information on the background and experience of all key personnel proposed to undertake the Services including any Sub-Contractors Equipment Provide a complete description of vehicles available to support the City, and the need to be able to tow, and store all Category I, Category II, and Category III vehicles, as defined in ICBC s Towing and Storage Rate Payment Schedule, latest edition on a 24/7/365 basis. Include the equipment age, quantity, capacity and ownership. If the equipment is not currently in possession of all of the vehicles necessary to be a full service provider, provide copies of assurances that the required vehicles have been or will be secured Site(s) and Secure Facility a. Provide complete details of the proposed storage facility including but not limited to size, location, ownership, vehicle capacity, security measures and days and hours of operation. The City believes a storage compound with the capacity to accommodate vehicles at any one time might be necessary to support an account of this size. If site is owned by the Company provide proof of ownership with your response, if not provide a copy of any lease contracts or other assurances that the site shall remain available to the Company throughout the term of this Agreement. b. Provide details on the building to be used for RCMP investigative tows confirming, but not limited to, its location, ownership, age, must be heated and lighted, vehicle capacity, available power, the building s security and who monitors and any other relevant information about the building. If the Company owns the site, provide proof of ownership with your response. If the Company does not own site, provide a copy of any lease contracts or other assurances that the site shall remain available to the Company throughout the term of this Agreement. Such facility must be acceptable to the RCMP NCO i/c Nanaimo Forensic Identification Services. c. Describe the site buildings, security, accessibility, landscape and fencing/screening features at the locations Capability a. Describe how your firm operates on a 24/7/365 basis. b. Describe how your firm can be onsite within 20 minutes of the initial call to the dispatcher. c. Provide details on how many staff and or Sub-Contractors are currently trained for BC traffic control certified. d. Confirm in writing that your firm is willing to provide no charge towing and storage services for all City Departments and the RCMP for the first three (3) years of the Agreement and option years, if exercised. The City of Nanaimo Page 15 of 53

16 3.3.5 Administrative Support and Reporting NRFP No a. Describe in detail the infrastructure your company has in place to support and operate your business in a professional manner. b. Describe your process for keeping accurate records. Detail if your system is manual or computerized. If computerized state any software and standard reports you can produce that would benefit the City, such as weekly vehicle possession and release reports required by the RCMP. c. Describe your approach to disposing vehicles. d. Describe your company s safety program. e. Describe your vehicle maintenance program. f. From an administrative perspective, provide any other information you deem appropriate to support why the City should select your firm. g. Provide samples of your reports Compensation (Revenue) Structure a. Detail the proposed revenue (monies your firm is willing to pay the City) b. Provide details of any other compensation related items your firm is prepared to offer the City Proposed Agreement A sample Form of Agreement is included in this NRFP, which will form the basis of any negotiation. Proponents should clearly indicate in their Proposal any specific provisions contained in this NRFP with which it is unwilling or unable to comply from the attached Proposed Revenue Sharing Agreement. Evaluation of Proposals Proposals will be evaluated on a category basis as follows: Stage 1 Proposal Eligibility The City will examine all Proposals that meet the eligibility requirements as set out in Section 3.2 Proposal Eligibility. Stage 2 Weighted Evaluation The City will evaluate the eligible Proposals based on the Evaluation Criteria in Section 3.3 using a weighted evaluation scoring method. Proposals will be evaluated using a scoring scale of 1-5 with the resulting score then multiplied by the pre-determined weighted evaluation value for each particular criterion. The weighted score for each item will be added together to arrive at an aggregate (total) score for the evaluation and ranking for all Proposals. The City will assign scores at the sole discretion of the City. Revenue will evaluated using the following equation to allocate points. The highest proposed revenue will receive the full value of the allocated points. Each additional Proponent will receive a percentage of the total possible points by dividing the proposed revenue into the highest price. i.e. highest proposed price is $20.00 from Proponent A and the allocated points for pricing is 30 points. Proponent A receives 30 points. Proponent B submits a proposed price of $ Proponent B receives 15 points ($10.00/$20.00*30=15) The City of Nanaimo Page 16 of 53

17 Stage 3 Proposal Clarification NRFP No The City may at their sole discretion, invite one or more Proponents for an interview, presentation or request further clarification to address any questions or clarifications relating to Proposals. Proponents will be responsible for any costs associated with the preparation for, and attendance at, the interview, to take place at a specified location in the City. An interview can be by a format selected by the City (i.e. inperson, phone, conference call, or other.) The City may conduct credit and reference checks as part of the evaluation process, and may request additional financial information from any Proponent, at the City s sole discretion. Stage 4 Re-evaluation and Adjusted Scores The City may, if necessary, re-evaluate and assign adjusted scores to the previously determined scores of the Proponents invited for an interview based on the new or updated information received. Acceptance and Rejection of Proposals This NRFP does not commit the City, in any way to select the preferred Proponent, to proceed to negotiations for an Agreement, or to award any Agreement. The City reserves the right to: a) Accept the Proposal which is deemed most favourable to the interest of the City; b) Accept any Proposal in whole or in part; c) Reject any Proposal at any time prior to execution of an Agreement; d) Assess the ability of the Proponent to perform the Agreement and may reject any Proposal where, in the City s sole estimation, the personnel and/or resources of the Proponent are insufficient; e) Amend or revise the NRFP by Addenda up to the specified closing date and time; and f) Reduce the Scope of Services required within the NRFP and negotiate the price to reflect such change after award of an Agreement. The City may accept or waive a minor and inconsequential irregularity, or where applicable to do so, the City may request, as a condition of acceptance of the Proposal, a Proponent to correct a minor or inconsequential irregularity with no change in the Proposal. The determination of what is or is not a minor or inconsequential irregularity, the determination of whether to accept, waive, or require correction of an irregularity and the final determination of the validity, will be the sole discretion of the City of Nanaimo. Clarification The City reserves the right to seek clarification from any Proponent to assist in the evaluation of its Proposal. Litigation Clause The City may reject a Proposal submitted by a Proponent, if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly through another corporation in legal action against the City, its elected or appointed officers and employees in relation to: i. Any other contract for works or services; or The City of Nanaimo Page 17 of 53

18 ii. Any matter arising from the City s exercise of its powers, duties; or functions under the Local Government Act, Community Charter or another enactment, within the past five (5) years of the Closing Date of this NRFP. In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the Proponents ability to work with the City, its Consultants and representatives. In addition, whether the City s experience with the Proponent indicates that the City is likely to incur increased staff and legal costs in the administration of an Agreement if awarded to a Proponent(s). Negotiation and Selection By submitting a Proposal, a Proponent accepts that an Agreement may be negotiated upon notification by The City with the Proponent whose Proposal is evaluated as the best value. The City reserves the right to negotiate with any Proponent, or more than one Proponent. If the parties after having negotiated in good faith are unable to come to a formal agreement, the City and the Proponent will be released without further obligations; other than any surviving obligations regarding confidentiality. The City may, at its sole discretion, contact the Proponent of the next best rated Proposal and attempt to conclude an agreement with it, and so on until an agreement is reached. The City may at its discretion: 1) negotiate with a Proponent to award an Agreement for all or a portion of the Work; 2) cancel this NRFP and issue a new NRFP with a new scope of work, or; 3) cancel this NRFP and reissue with the same scope of work, or; 4) cancel this NRFP in its entirety. Negotiations may include, but not be limited to, revenue, fee or price adjustments, minor changes to the scope of work, requirements, Agreement details, and payment details. It is not the intent of the City to allow for new or significantly altered Proposals in any of the negotiations. Debrief The City will offer a debriefing to unsuccessful Proponents, on request, at a mutually agreeable time. Proponents may request debriefing within thirty (30) calendar days of the award being posted. The intent of the debriefing information session is to aid the Proponent in presenting a stronger Proposal in subsequent procurement opportunities. The City of Nanaimo Page 18 of 53

19 4 GENERAL TERMS AND CONDITIONS Right of the City to Cancel the NRFP Process The City is not bound to select a preferred Proponent or accept any Proposal and reserves the right in its sole discretion to postpone or cancel this NRFP at any time for any reason whatsoever. In the best interest of City, and to proceed with the services in some other manner separate from this NRFP process. Intention of Award It is the City s intention to award the scope of work to one Proponent however reserves the right and discretion to divide the Services, either by scope, geographic area, or by other basis as the sole discretion of the City, and to select one or more Successful Proponent to perform a portion or portions of the Services. Intended Term of Agreement For the purpose of this Agreement if awarded, the first term of the Agreement will be for three (3) years from date of award unless terminated, cancelled or extended. This may be extended for an additional two (2) more one (1) year terms subject to satisfactory performance reviews, and if mutually agreeable. The City will not incur any liability, should it choose not to exercise the option to extend the Agreement. The form of Agreement will be a Form of Agreement, as per Attachment A. Towing Fees The City will not accept any charges for towing fees. Revenue Sharing Final determination of the revenue model will be based on the Successful Proponent s proposal and any subsequent negotiations agreed upon by both parties. Upon entering into the Revenue Sharing Agreement the Successful Proponent will make regular monthly payments to the City to commence the first month following Agreement execution. Failure to provide regular monthly payments may be cause for termination of the Agreement. Revenue Adjustment Any request for a revenue adjustment, must be submitted to the City in writing with a minimum of ninety (90) calendar days prior to the commencement of the optional year(s). The City will then review the submission and will at its sole discretion either accept, negotiate, or reject and re-bid the requirements. The City shall not incur any liability, should it choose not to exercise the option to renew the Agreement. Annual Performance Review, Inspections and Audits The City may conduct an annual performance review of the Successful Proponent or more often if required. Criteria to be evaluated will consist of, but not be limited to, response times, complaints received, care and custody of vehicles and owners' possessions, condition of facilities and equipment, extent and clarity of records, and conduct of management and personnel. Such a review will be conducted ninety (90) days prior to the Agreement anniversary date and Successful Proponent will be provided a written copy of the review. Within thirty (30) days of the sending of the review, the Successful The City of Nanaimo Page 19 of 53

20 Proponent shall respond to the review in writing, and the parties shall meet to discuss the review and other pertinent subjects. A final report for Annual Performance will consist of the review, Successful Proponent s written response, and City staff will prepare a summary of the annual review meeting with a copy sent to the City Manager and Successful Proponent. The Successful Proponent agrees that all records, equipment, personnel, office and storage facilities shall be subject to periodic checks and quarterly audits by representatives of the City without prior notice. Reporting and Records The Successful Proponent shall keep records and submit any reports required by the City, including but not limited to a monthly detail report, and arrange for such notification to owners and such other procedures as is required by law. Monthly Reports These reports shall include, but not limited to, comprehensive updates of the following information: i. Contractor response time; ii. Time Exception Report; iii. Vehicle (or equipment) storage report including the time/date Vehicle (or equipment) was released by the RCMP, the time and date the registered owner was advised and time/date the registered owner collected the Vehicle (or equipment); iv. Vehicle Identification Number (VIN) Check Report; v. Auction Summary Report; vi. Tow Status Report; vii. City Employee requesting Tow Report; viii. Vehicle List Report; ix. Driver Detail Report; x. Truck Detail Report; xi. Revenue Reports; xii. Administration Fee Reports; xiii. Administration Fee Report Summaries; xiv. Impound Cost Recovery Fee Report; xv. Missed call report; and xvi. Cancel call report. Weekly Reports xvii. Vehicle possession and release reports delivered each Monday. Keeping of Records The Successful Proponent will keep complete books and records (the Records ) relating to the performance of the Services, including any or all complaints, and inquiries, ledgers, books of accounts, invoices, weight slips, vouchers and cancelled cheques. As well as all other records and documents evidencing or relating to the charges for services, expenditures or disbursements borne by the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to the Contractor pursuant to this Agreement. The Records are the City s property which the Contractor will maintain during the Term and preserve thereafter as required by this Agreement. The Contractor will maintain the confidentiality of the Records at all times. The City of Nanaimo Page 20 of 53

21 Electronic Records The Successful Proponent will be responsible for keeping electronic records of all inquiries and complaints it receives that include, at a minimum: (a) date and time that the complaint was received; (b) contact information of the complainant; (c) nature of the complaint or inquiry; and (d) all actions taken by the Contractor to address the complaint or inquiry. Inspection of Records NRFP No The Successful Proponent will make the Records available for inspection or audit by the City during the regular business hours at the Contractor s address indicated for receipt of notices in this Agreement. The City s Representative may request access to the Records by notice in writing to the Contractor. If requested, and to the extent practicable, copies of the Records to be inspected will be provided to the Contract Administrator. Custody of Records The City may, on written request, require the Contractor to transfer custody of the Records to the City. The City will grant access to the Records in the custody of the City to any party authorized in writing by the Contractor, its representatives or its successor- in-interest. Payment to the City The Successful Proponent will send payment to Accounts Receivable by mail: City of Nanaimo Finance Department 455 Wallace Street, Nanaimo, BC V9R 5J6 Payments will be sent to the City monthly immediately within the first ten (10) business days of each month. Gifts and Donations The Successful Proponent will ensure that no representative of the Successful Proponent will offer or extend any entertainment, gift, gratuity, discount, or special service, regardless of value, to any employee of the City. The Successful Proponent will report any attempt by any employee of the City to obtain such favours to the City of Nanaimo s Chief Administrative Officer. Sub-Contracting Using a Sub-Contractor is acceptable provided the sub-contractor is clearly identified in the Proposal. This includes a joint submission by two Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful performance of the Agreement and this should be clearly defined in the Proposal. Sub-Contracting to any firm or individual who is current or past corporate or other interests may, in the City s opinion; give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this NRFP. The City of Nanaimo Page 21 of 53

22 Where applicable, the names of approved Sub-Contractors listed in the Proposal will be included in the Agreement. No additional Sub-Contractor will be added or other changes made, to the list in the Agreement without written consent of the City. The Successful Proponent will preserve and protect the rights of the City with respect to any Services performed under Sub-Contractor and incorporate the terms and conditions of this Agreement into all Sub-Contractor as necessary to preserve the rights of the City under this Agreement. The Successful Proponent will be as fully responsible to the City for acts and omissions of their Sub-Contractor and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Successful Proponent. Insurance Except as may be otherwise expressly approved by the City in writing, the Successful Proponent will, without limiting its obligations or liabilities herein and at its own expense, provide and maintain the following insurances with insurers licensed in British Columbia and in forms and amounts acceptable to the City. Such insurance will be purchased and maintained by all of the Sub-Contractor(s) that may be engaged in connection with an Agreement. a) Comprehensive General Liability Insurance in an amount not less than five million dollars ($5,000,000.00) all-inclusive per occurrence, against damage to property on an all-risk occurrence basis. The City of Nanaimo must be additional named insured under this Policy and a Cross Liability clause. b) Motor Vehicle Insurance, including Bodily Injury and/or Death and Property Damage in an amount no less than five million dollars ($5,000,000.00) all-inclusive per accident with the Insurance Corporation of British Columbia on any licensed motor vehicles of any kind to be used to carry out the Services. c) Garage auto insurance for public liability, property damage and theft providing coverage up to two million dollars ($2,000,000.00) all-inclusive per occurrence against liability for property damage and/or theft to the property of others while in the care, custody and control of the Company. d) A provision requiring the Insurer to give the City a minimum of fifteen (15) day s notice of cancellation or lapsing or any material change in the insurance policy. The Successful Proponent(s) must provide this to the City, prior to the commencement of the Services, a certificate of insurance or other evidence, which satisfied the City that the required insurance has been acquired and is in force. The Successful Proponent(s) is responsible for any deductible amounts under the policy(s). The cost of all insurance required by this NRFP shall be included in the Proponent s fees. Garage Automobile Policy In accordance with garage automobile policy, the Successful Proponent will maintain insurance covering legal liability for damage to Vehicles in the care, custody and control of the Contractor in an amount no less than three million ($3,000,000) dollars. The Successful Proponent shall also maintain an appropriate amount of physical damage coverage including theft, collision and comprehensive damage coverage for vehicles in their care, custody and control. The City of Nanaimo Page 22 of 53

23 Crime Insurance NRFP No Form of Coverage: A Crime Insurance policy will be arranged and maintained in full force by the Contractor for the Term of this Agreement, and for a further period of two (2) years following expiry of the Term or any renewal term or extension, covering the following: (a) Employee Dishonesty Form A covering the loss of money, securities and other property sustained by the City in the aggregate amount of five hundred thousand dollars ($500,000) resulting from one or more fraudulent acts committed by an employee, sub- contractor or agent of the Contractor whether acting alone or in collusion with others. Proof of Insurance The Successful Proponent will provide the City with evidence of the required insurance prior to the commencement of this Agreement. Such evidence will be in the form of a completed certificate of insurance acceptable to the City. All required insurance will be endorsed to provide the City with thirty (30) days advance written notice of cancellation or material change restricting coverage. The Contractor will be responsible for deductible amounts under the insurance policies. All of the Contractor's insurance policies will be primary and not require the sharing of any loss by the City or any insurer of the City. Business Licence The Successful Proponent will be required to hold a valid City of Nanaimo business licence or intercommunity business license for the duration of the agreement and will be required to produce a copy of the business licence on or before commencement of services. Workers Compensation - Safety The Successful Proponent shall: i. Hold a valid WorkSafeBC registration number for the duration of the agreement; ii. Produce a copy of a Worksafe BC registration number and/or current clearance letter on or before commencement of the services; and iii. Comply with Occupational Health and Safety Regulations. Fuel Consumption The City of Nanaimo, along with 95% of other local BC governments, signed the BC Climate Action Charter in As part of the Charter requirements, the City must measure and report on the City s overall greenhouse gas (GHG) emissions each year, which includes contracted emissions. As a result, the City of Nanaimo is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends. The Successful Proponent will be required to report vehicle and fuel consumption data that is specific to the Agreement in an annual report Attachment C. Damage and Defects The Successful Proponent shall use due care so that no persons are injured, or no property damaged or lost in providing the Services. The Successful Proponent shall be solely responsible for all loss, damages, costs and expenses in respect of any injury to persons, damage of property, or infringement of the rights of others incurred in the performance of the Services or caused in any other manner whatsoever by the The City of Nanaimo Page 23 of 53