Request for Proposals Consultant for Board Governance Framework Design - Arts and Culture Centre Issue Date: January 19, 2018 Response Receipt Location: 400 Main Street, Yarmouth, NS B5A 1G2 The Town requests that responses be submitted by: 3:00 p.m. AST on February 9, 2018 Contact Person: Natalie Smith Phone: (902) 742-1505 Cell: (902) 307-4203 Fax: (902) 749-1474 Email: edo@townofyarmouth.ca 1
Table of Contents 1.0 Invitation... 3 2.0 Purpose... 3 3.0 Background... 3 4.0 Scope of Work/Deliverables... 3 5.0 Background Documents and Links... 4 6.0 Project Schedule and Contact Information... 4 6.1 Schedule... 4 6.2 Contact Information... 4 6.3 Deadline for Submission... 4 6.4 Requirements for Proposal Preparation... 4 6.5 Submitting Proposals... 4 6.6 Proposal Format... 4 6.6.1 Letter of Intent... 5 6.6.2 Action Plan and Methodology... 5 6.6.3 Credential/ Biographies... 5 6.6.4 Financial Proposal... 5 6.6.5 Additional Information & Innovative Ideas... 5 6.6.6 References... 5 6.6.7 Request for Proposal Evaluation Process... 5 6.6.8 Criteria for Proposal Evaluation... 6 7.0 Terms and Conditions... 6 7.1 Governing Law... 6 7.2 Contract Award... 6 7.3 Sub-Contracting... 6 7.4 Disclosure / Confidentiality... 7 7.5 Final Agreement... 7 7.6 Gratuities... 7 7.7 Insurance and Workers Compensation... 7 2
Board Governance Framework Design Arts and Culture Centre 1.0 Invitation In accordance with the Town of Yarmouth s (Town) procurement policy, approved March 8, 2012, and the Public Procurement Act of Nova Scotia, the Town of Yarmouth is issuing a Request for Proposal (RFP) to qualified consultants to complete a Board Governance Framework Design (Study) for the proposed Arts and Culture Centre (Project). The intent of the RFP is to award the work to a consultant with proven experience and knowledge in similar undertakings. 2.0 Purpose The Study will develop a Board Governance Framework Design Report. The Report will be used to support the Town and partner organizations to establish a Board of Directors for a new Arts and Culture Centre. 3.0 Background Community Context The Town of Yarmouth is a small, vibrant ocean Town located at the Southwestern tip of Nova Scotia in Yarmouth County. With a population of 6,800 people and a service area of 55,000, Yarmouth is home to a diverse economy based on fishery, manufacturing, tourism, government services, healthcare services, education, and serves as the centre for retail and entertainment in the region. It is known for its character Main Street, its active arts/culture scene, its stunning natural scenery, and its friendly local residents. Project Context In January 2017, Town Council identified, as one of its Strategic Priorities, the development of an Arts and Culture Centre to be located in the downtown centre, as identified in the 2010 Downtown Blueprint Plan. The Town has identified Board Governance as one of the key factors in establishing a sustainable Arts and Culture Centre that must be held to high standards expected by the community, government funders and other stakeholders. The scope of work will consider the board model(s) and attributes to achieve the best outcome in the project s life-cycle from Fundraising to Operation. 4.0 Scope of Work/Deliverables The prime focus of the Study will be to develop a Board Governance Framework identifying (but not limited to): Mandate of the Board in a fundraising to operational capacity. Board composition and stakeholder representation Key skills and qualifications Governance structure Board Monitoring Public Accountability Succession Planning The consultant will establish and implement an innovative and comprehensive public engagement process to ensure meaningful feedback from Town Council and Staff, arts community, business 3
community and the public. Proponents are to describe their approach to the engagement process and will have access to use the Town s engagement website, https://getinvolvedyarmouth.ca/. Ten (10) hard copies of the Board Governance Framework Design Report are to be provided and a single digital media copy, in Microsoft Word and in a PDF version, on a USB flash drive or CD; Periodic presentations to Town Council on findings/work completed; A Final Presentation to Town Council at a public meeting on completed project. 5.0 Background Documents and Links Economic Development Profile,2017 The Yarmouth Downtown Blueprint,2010 6.0 Project Schedule and Contact Information 6.1 Schedule Submission deadline: February 9, 2018 Proponent Selection: February 22, 2018 Target Project Completion: April 25, 2018 6.2 Contact Information Any questions in respect to this proposal, contact Natalie Smith, Phone: (902) 742-1505, Cell: (902)307-4203, Email: edo@townofyarmouth.ca 6.3 Deadline for Submission The deadline for submission is 3:00 pm local time, Friday, February 9, 2018 6.4 Requirements for Proposal Preparation Proposals will not be accepted after the final closing date and time of 3:00 pm local time on February 9, 2018. Proponents may not make modifications to their proposals after the closing date and time. The Town of Yarmouth will not be obligated in any way by the proponent s response to the Request for Proposal. The proponent s proposal and all supporting documents will remain with the Town of Yarmouth and will not be returned. Proponent costs related to preparing and issuing the Request for Proposal response are entirely the responsibility of the proponent. All such documentation may be reproduced by the Town, provided that such reproduction is made solely for internal use or for purpose required by law. 6.5 Submitting Proposals The proponent is to provide a single digital media copy, on a USB flash drive or CD, and five (5) hard copies of proposals in a sealed envelope clearly marked to identify contents and addressed to Jeff Gushue, C.A.O, Town Hall, 400 Main Street, Yarmouth, Nova Scotia, B5A 1G2. Proposals must be received by the C.A.O. no later than 3:00 pm local time, Friday, February 9, 2018. It is the responsibility of the bidder to deliver the sealed proposal to the main floor of Town Hall before the time indicated. Proposals received after the submission deadline will be returned unopened. Fax or email submissions will not be accepted. 6.6 Proposal Format Proponent proposals must be submitted in the format outlined below. Proponents are free to segment these main sections into sub-sections, as they deem appropriate. The Financial Proposal section will be 4
sealed in a separate envelop marked Financial Proposal included in the sealed envelope of the hard copy proposals. Only the top three (3) selected proponents will have their Financial Proposal sections reviewed. 6.6.1 Letter of Intent; 6.6.2 Action Plan and Methodology; 6.6.3 Credentials/Biographies; 6.6.4 Financial Proposal; 6.6.5 Additional Information & Innovative Ideas; and 6.6.6 References 6.6.1 Letter of Intent Proponents must clearly identify any and all partners or subcontractors involved in the bid and must clearly identify the lead (prime) individual company. A contact from the lead company must be provided and an authorized employee must sign the letter. Failure to submit a letter of intent will disqualify the proponent from the evaluation process. 6.6.2 Action Plan and Methodology This section should provide a detailed Action Plan with a description of methodologies to be used, work to be performed, including estimated start dates, completion dates, the total effort required for each assigned resource, critical paths and all associated costs. 6.6.3 Credential/ Biographies In this section, the proponent must provide biographies of key resources/teams used for execution of the work. Details of previous work similar in scope should be provided. 6.6.4 Financial Proposal The proponent shall clearly indicate the project costs. This fee must be inclusive of all consultants costs such as fees, travel costs, accommodations, and reports but excluding HST and the public consultation costs. The consultant must submit information on how they propose to distribute the fee and expenses across their work program. This section will be provided in a separate envelope included with the sealed hard copy proposals. 6.6.5 Additional Information & Innovative Ideas Include any additional information or original ideas that could not have been presented in earlier sections. 6.6.6 References Provide at least two (2) reference letters from clients who have utilized your services and include appropriate contacts with phone numbers and email addresses. The Town reserves the right to contact anyone it deems necessary to complete the review of the proponent. 6.6.7 Request for Proposal Evaluation Process All proposals must be complete and convey all the requested information in order to be considered responsive. Proponents are requested to respond to each section of the Request for Proposal as described in Section 6.6, Proposal Format. 5
6.6.8 Criteria for Proposal Evaluation Proposals will be evaluated according to the following criteria: Team Experience (40 points) Experience and/or reputation of the proponent and key individuals. Experience in not-for-profit board governance consulting. Understands issues/solutions related to board governance planning. Stakeholder Engagement Approach & Methodology (30 points) Methodology Understanding of the objectives of the project Approach/process Stakeholder Engagement Program Innovative Ideas (15 points) An evaluation of any innovative ideas in the submission Implementation (15 points) Team Organization Schedule The Town wishes to stress the monetary value of the proposal will be considered at the end of the evaluation process. Factors listed above will be given primary consideration prior to reviewing fee estimates. 7.0 Terms and Conditions 7.1 Governing Law Federal and Provincial laws shall govern the interpretation and performance of any agreement with the Town of Yarmouth regarding the Board Governance Framework Design for the Arts and Culture Centre. Any action brought to enforce any provision of an agreement shall be brought in the appropriate courts of the Province of Nova Scotia. The parties understand and expressly agree that any claims, demands, or actions asserted against the Town of Yarmouth, its agents and employees shall be brought only in the court system of the Province of Nova Scotia. 7.2 Contract Award This RFP creates no obligation on the part of the Town of Yarmouth to award the contract or to reimburse proponents for proposal preparation expenses. The Town of Yarmouth reserves the right to accept or reject any and all proposals, in whole or in part, received as a result of this request, and to negotiate in any manner necessary to best serve the interest of the project. 7.3 Sub-Contracting The proponent must document any intent to use another proponent(s) or private individual(s) as subcontractor(s) for any part or whole of the services they offer under this agreement. The Town reserves the right to approve or reject any subcontracting agent or reject proposals based on the use of 6
subcontracted work if not in the best interest of the project. The proposal should document the justification for using the services of professionals other than those of the lead contractor. 7.4 Disclosure / Confidentiality The Town and submitting proponents will make every effort to maintain confidentiality relevant to submitted proposals and information provided for in this Solicitation process. News releases by a proponent pertaining to this RFP or any portion of the project shall not be made without prior written approval from the Town of Yarmouth. Violation of this requirement is deemed to be a valid reason for disqualification of the proponent. The proponent will also not initiate any publicity relating to this acquisition process before the selection decisions are final. 7.5 Final Agreement This Solicitation does not contain all terms and conditions necessary for conducting business with the Town of Yarmouth. 7.6 Gratuities The Town of Yarmouth may, by written notice to a proponent, cancel any contract if it is found by the Town of Yarmouth that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the proponent, or the agent or representative of the proponent, to any employee or agent of the project with a view toward securing favorable treatment with respect to the awarding or amending, or making any determinations with respect to performing of such contract. 7.7 Insurance and Workers Compensation The undersigned is to carry and keep in force Public Liability Insurance in a form equivalent in terms of coverage to the industry standard Commercial General Liability for all services provided to and on behalf of the Town of Yarmouth and the amount of coverage shall be not less than two Million dollars ($2,000,000.00) per occurrence and to indemnify and save harmless the Town in the event of any damages, suits or actions as a result of damages, injuries or accident done to or caused by him, or his employees or relating to the prosecution of the works or any of his operations or caused by reason of the existence or location or condition of any materials, plant or machinery used there on or therein, or which may happen by reason thereof, or arising from any failure, neglect or omission on his part, or on the part of any of his employees, to do or perform any or all of the several acts or things required to be done by him or them under and by these conditions, and covenants and agrees to hold the Town harmless and indemnified for all such damages and claims for damages. A copy of the Commercial General Liability Insurance (or certificate of insurance) covering the legal liability of the submitter for injuries to, or death of, persons and/or damage to property of others for limits of not less than two million dollars ($2,000,000.00) per occurrence for bodily injury and property damage with an insurer and in a form satisfactory to the Town will be furnished. Such insurance shall have the Town as a named insured and shall contain cross liability coverage and preclude subrogation by the insured against the City. The undersigned is to carry and keep in force Professional Liability Insurance in an amount not less than $2,000,000 providing coverage for acts, errors and omissions arising from their professional services performed under this agreement. The policy self-insured-retention / deductible shall not exceed $10,000 per claim and if the policy has an aggregate limit, the amount of the aggregate limit shall be double the required per claim limit. The policy shall be underwritten by a company licensed to conduct business in the Province of Nova Scotia and be acceptable to the Town. The policy shall be renewed for 3 years after contract termination. A certificate of insurance evidencing renewal will be provided for each and every year. 7