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Wednesday, January 31, 2007

RFP Municipal Law Enforcement and Animal Control

THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA
REQUEST FOR PROPOSAL
MUNICIPAL LAW ENFORCEMENT & ANIMAL CONTROL SERVICES

The Corporation of the Town of South Bruce Peninsula is seeking proposals for the
services of an experienced contractor to undertake the provision of Municipal Law
Enforcement and Animal Control Services

Detailed requirements to assist contractors in the response to the RFP are available on the
Town of South Bruce Peninsula website www.southbrucepeninsula.com

All inquiries regarding this RFP must be directed to Malcolm McIntosh, CAO.

Proposals must be returned in a sealed envelope clearly marked "Proposal ­ Municipal
Law Enforcement and Animal Control Services" addressed to:

Town of South Bruce Peninsula
Attention: Malcolm McIntosh
315 George Street, PO Box 310
Wiarton ON N0H 2T0
519-534-1400

Proposals must be received at the Clerk's Department no later than on February 23, 2007.
The Town of South Bruce Peninsula reserves the right not to accept the lowest or any
proposal.
THE CORPORATION OF THE
TOWN OF SOUTH BRUCE PENINSULA

REQUEST FOR PROPOSAL

MUNICIPAL LAW ENFORCEMENT
&
ANIMAL CONTROL SERVICES

CLOSING DATE: February 23, 2007
TABLE OF CONTENTS

PART 1 ­ GENERAL CONDITIONS

1.1 Introduction..................................................................... 3
1.2 Intent............................................................................. 3
1.3 Definition of Terms............................................................ 3
1.4 Schedule of Events............................................................ 4
1.5 Questions and Responses...................................................... 4
1.6 Submission of Proposals....................................................... 5
1.7 Pricing............................................................................ 5
1.8 Fee Schedule..................................................................... 5
1.9 Negotiations..................................................................... 6
1.10 Contract........................................................................... 6
1.11 Supplemental Terms and Conditions........................................ 6
1.12 Location of Work............................................................... 6
1.13 Confidentiality.................................................................. 7
1.14 Compliance with By-laws and Laws........................................ 7
1.15 Submission Preparation Costs................................................ 8
1.16 Publicity......................................................................... 8

PART 2 ­ SPECIFIC CONDITIONS

2.1 Range and Services.............................................................. 8
2.2 Facilities Provided ............................................................... 9

PART 3 ­ PROPOSAL REQUIREMENTS

3.1 Respondents Submission Information....................................... 9
3.2 Communication and Authorizing Officer................................... 10
3.3 Evaluation of Submissions.................................................... 10
3.4 Evaluation Criteria............................................................. 10
3.5 Errors and Omissions.......................................................... 12
3.6 Award and Rejection Rights.................................................. 12
3.7 Award Conditions.............................................................. 12
3.8 Materials Supplied by Town.................................................. 12
3.9 Insurance Requirements....................................................... 13
3.10 Not Liable....................................................................... 13
3.11 Litigation........................................................................ 13
3.12 Notification of Outcome...................................................... 13
3.13 Respondent's Covenant....................................................... 14
PART 1 ­ GENERAL CONDITIONS

1.1 Introduction

The Town of South Bruce Peninsula in Bruce County is a municipality of
approximately 8,050 permanent residents located on the shores of Lake Huron.
Incorporated in 1999, the Town of South Bruce Peninsula includes the former
municipalities of Albemarle, Amabel, Hepworth and Wiarton. Currently the
Town contracts out the municipal law enforcement and animal control functions
to a private party.

The Town is vitally interested in obtaining updated quotations on the provision of
municipal law enforcement /animal control. To this end, the Council has
approved the issuance of a Request for Proposal for interested parties to respond
to.

We urge you to carefully read all documentation contained in this package, and
require you to respond to all sections.

1.2 Intent

The Town of South Bruce Peninsula is inviting proposals for contracted services
to provide municipal by-law enforcement and animal control services in
accordance with the municipal requirements. It is the intent of any information
given in this document enable the Council to select an appropriate service
provider.

This document is intended to assist respondents in preparing their submission to
satisfy the stated requirements.

Definition of Terms

"Closing Date" ­ the date and time after which the submission will not be
accepted, regardless of the postal cancel date.

"Conflict of Interest" ­ an unfair advantage over other respondents during the
procurement process, thereby rendering the process non-competitive and unfair;
activities, relationships or contracts that would render a respondent unable or
potentially unable to perform the duties and obligations required of a consultant
under the terms of the RFP; or activities, relationships or contracts that impair or
potentially impair the preferred respondent's judgment in performing the services.

"MFIPPA" ­ the Municipal Freedom of Information and Protection of Privacy
Act.
"Town of South Bruce Peninsula" ­ defined as the Corporation of the Town of
South Bruce Peninsula, within the County of Bruce.
"Preferred Respondent" ­ the respondent whose submission most closely meets
the requirements as determined by the Town of South Bruce Peninsula in its
absolute discretion.

"RFP" ­ request for proposal.

"Respondent" ­ the company or individual(s) who has issued a submission.

"Submission" ­ the respondent's written reply to this RFP.

"Time of Day" ­ unless suffixed with am or pm, time stated in the RFP are based
on a 12 hour clock, local time.

1.3 Schedule of Events

RFP issue date.................................................... January , 2007.
Proposal submission deadline.................................. February 23, 2007
Interviews for selected consultants............................ March , 2007
Award of contract................................................ March 31, 2007
Final Report to Council........................................ March 26, 2007

If deemed necessary to conduct interviews with selected respondents, they will be
scheduled for

1.4 Questions and Responses

The Town of South Bruce Peninsula contact, for the purpose of this project shall
be:

Malcolm McIntosh, CAO 519-534-1400 ext 122 fax 519-534-4976
e-mail: cao@bmts.com

Responses to questions raised by potential respondents will be promptly
communicated via facsimile in the form of an addendum and all respondents will
receive a copy of the response.

Should revisions become necessary to any part of the RFP, the revisions will be
provided to all potential respondents. The respondents must acknowledge receipt
of such revisions promptly and in writing via facsimile. If revisions are necessary
after the closing date, respondents will then have an opportunity to make relevant
modifications to the submission.

The Town of South Bruce Peninsula assumes no responsibility or liability arising
from information obtained in a manner other than as prescribed in this RFP.
1.5 Submission of Proposals

Respondents are responsible for the proper delivery of their submission. Requests
for extensions of time will not be granted. Any submissions or modifications and
additions to the submissions received after the closing date and time will not be
considered and will be returned to the respondent. No facsimile or electronically
submitted responses to the RFP will be accepted.

The respondents will make the following documents available to the Town:
· Six bound copies of the draft project report
· Six bound copies of the final project report
· One electronic copy of all reports in Microsoft Word, on a CD Rom
· All materials used or produced by the respondent in the undertaking of this
project

Malcolm McIntosh, CAO
Town of South Bruce Peninsula
315 George Street, PO Box 310
Wiarton ON N0H 2T0

NO LATER THAN FEBRUARY 23, 2007 @ 4:30 PM LOCAL TIME

Respondents must also ensure that all submissions clearly indicate "Proposal ­
Municipal Law Enforcement/Animal Control" on external packaging. In
addition, when making inquiries, be sure to quote the "RFP" reference.

1.6 Pricing/Budget

The budget to be provided by the respondents shall be set for this project.

All quotations must be in Canadian dollars. All applicable taxes must be shown
separately.

1.7 Fee Schedule

· Total upset fee to be all inclusive for the provision of the services as
identified.
· Total estimated disbursements to be included in total upset fee
· Disbursements include but not limited to travel, communications, required
for the services
· GST to be shown extra
· Proponents must indicate detailed hourly rates for additional services for
all contracted employees
1.8 Negotiations

The Town may initiate negotiations with the preferred respondent prior to issuing
an award. This option rests solely with the Town.

The Town reserves the right to add terms and conditions during negotiations.
These terms and conditions will be within the scope of the RFP and will not affect
the proposal evaluations. Upward price negotiation will not be permitted.

The Town may terminate negotiations if the preferred respondent:

· Fails to provide information required to begin negotiations in a timely
manner
· Fails to negotiate in good faith
· Indicates it cannot perform the services within the available budget
· Cannot come to terms with the Town after a good faith effort

If negotiations are terminated, the Town may then recommend award to or
negotiate with another respondent or conduct a subsequent RFP process.

1.9 Contract

Selection of the preferred respondent does not oblige the Town of South Bruce
Peninsula to negotiate or execute an agreement with that respondent. The Town
reserves the right not to award the contract to any or all responders.

The preferred respondent must be prepared to enter an agreement based on the
contents of its submission and the RFP. The Town of South Bruce Peninsula
reserves the right to negotiate details of any contract and to make the necessary
changes or substitution within the general scope of the contract.

1.10 Supplemental Terms and Conditions

Supplemental terms and conditions may be accepted at the Town's discretion,
provided the respondent identifies said provisions explicitly in its proposal.
Provisions that conflict with those contained in the RFP or diminish the Town's
rights under any resulting agreement will be considered null and void. The Town
is not responsible for identifying conflicting supplemental terms and conditions.

1.11 Location of Work

The preferred respondent will perform most of the services at its offices.
Provision of the services will also likely involve site investigations. When
performing these services and investigations, the preferred respondent shall:

· Ensure the safety of both the public and staff involved in the activity
· Obtain prior approval to gain access to any property if required
· Be responsible for all related activities
· Adhere to constraints imposed by the Town's contact for this RFP
· Comply with all appropriate legislation and Town by-laws related to
occupational health and safety

1.12 Confidentiality

All requirements and information obtained by a respondent in connection with the
RFP are the property of the Town of South Bruce Peninsula and it's departments,
agencies, boards, and commissions and must be treated as confidential and not
used for any purpose other than for replying to this RFP and for the fulfillment of
any contract.

All documentation and correspondence which a respondent delivers to the Town
of South Bruce Peninsula or its designated agent for carrying out the services
contracted within this RFP, is retained by the Town of South Bruce Peninsula and
is subject to the terms of the MFIPPA.

If a respondent believes any part of its submission reveals any trade secret of the
respondent, any intellectual property right of the respondent, scientific, technical,
commercial, financial or labour relations information, or any other similar secret
right of information belonging to the respondent, and if the respondent wishes the
Town of South Bruce Peninsula to attempt to preserve the confidentiality of the
trade secret, intellectual property rights or information, then these matters must be
clearly designated as confidential.

The respondents are informed that certain information respecting the privacy of
individuals and proprietary information regarding the security of municipal
operations cannot and will not be released to anyone other than the respondent
that has been engaged.

All requests for access to the submitted RFP's will be subject to a formal review
pursuant to Section 10(1) of the MFIPPA and representation will be sought prior
to disclosure of any third party information.

1.13 Compliance With Purchasing By-Laws and Laws

The respondent shall comply with all applicable laws relating to the RFP, the
submission and any contract resulting there from. Specifically, the RFP is issued,
received, evaluated, accepted, and processed in accordance with the Town's
purchasing by-law and related procedures. By submitting a proposal, the
respondent agrees to be bound by the terms and conditions of the by-law and any
amendments thereto. Copies of the by-law can be provided upon request.
1.14 Submission Preparation Costs

The Town of South Bruce Peninsula will not be responsible for any costs incurred
by a respondent in preparing, submitting, presenting, arranging site visits, nor for
any other costs which are incurred relating to the submission.

1.15 Publicity

The respondent and its affiliates shall not release for publication, any information
in connection with the RFP or contract without prior written permission from the
Town of South Bruce Peninsula.

PART 2 ­ SERVICES TO BE PROVIDED

2.1 Range and Services

The respondent will provide information in accordance with this RFP in regard to
the following services:

2.1.1 The Contractor will be responsible for the enforcement of:

Property Standards Littering By-laws
Property Maintenance Beach By-laws
Noise By-law Animal Control
Traffic By-law Parking By-laws

And other by-laws as assigned.

2.1.2 The By-law Officer will also assist other departments within the municipality in
the preparation of charges and prosecution.

2.1.3 By-law Officers will lay charges where necessary and prosecute minor cases in
court. No cases maybe prosecuted without the consent of the Clerk.

2.1.4 By-law Officer will also act an Animal Control officer and/or oversee the contract
of Animal Control Officer.

2.1.5 Contractor will be responsible for the minor repairs of parking meters. Also the
collection of meter money, sorting, wrapping, and making deposits of said money.

2.1.6 The Contractor acknowledges that the paid parking program will require
considerable time commitment, especially during the summer months of July and
August
2.1.7 Contractor will provide their own vehicle, which shall be plainly marked
"Municipal Law Enforcement" and carry not less than one million dollars liability
insurance.
2.1.8 The Contractor shall provide 24 hour per day service 7 days a week.

2.1.9 The contractor shall provide their own two way radio system and cell phone, but
may hook up to the municipality's two-way system at no charge to the Contractor.

2.1.10 The Contractor will supply all of their own uniforms and any other equipment
needed to perform said duties.

2.1.11 The Contractor shall supply all hours as needed by the municipality. These hours
may be adjusted from time to time.

2.2 Facilities Provided

The municipality will provide:

2.2.1 Office space for repair of parking meters and storage of files.

2.2.2 Letterhead paper, envelopes, stamps, use of copier and all other office supplies
necessary to carry out enforcement. Also, ticket books for the issuing of parking
tickets.

2.2.3 Municipality to supply one pager unit

2.2.4 The use of paralegal or lawyer to prosecute a case after it has been approved by
Clerk. Municipality to pay all legal bills.

2.2.5 The municipality will provide educational opportunities subject to the approval of
Council.

PART 3 ­ PROPOSAL REQUIREMENTS

3.1 Respondent's Submission Information

All respondents must include the following in their proposals:
· The background of the firm or consortium indicating similar services
provided to municipalities.
· Identify all employees who will be retained by the service provider to
provide the services.
· Identification of the individual who will act as the designated liaison
· A description of the service providers experience in carrying out the
required services including what staff resources will be required, when
they will be required, and what information is to be provided.
· A detailed cost estimate for each service to be provided. The proposal will
include a table showing the per diem rates for all services provided where
required. The overall study costs for the services shall be an upset limit.
· The respondent is requested to provide at least two references including
contact name and phone number
· A list of past work undertaken in the Town of South Bruce Peninsula
· The respondent should identify the individual who would be responsible to
provide overall management of the contract.

3.2 Communication and Authorizing Officer

The respondent must identify an individual who will be responsible for all
communications with the Town of South Bruce Peninsula or its designated
agent(s), respecting the submission.

The respondent must also indicate the individual(s) that are authorized to
negotiate, sign, and enter into a purchase order or contract on behalf of the
respondent with respect to the submission.

3.3 Evaluation of Submissions

To facilitate evaluation, respondents are required to prepare their submissions in
accordance with the requirements of the RFP both in terms of form and content.

The Town of South Bruce Peninsula or its designated agent(s) will not use any
single criterion in evaluating the RFP. Among the criteria however, will be
technical qualifications and financial options. Neither the lowest priced, nor any
submission shall necessarily be accepted.

The Town of South Bruce Peninsula reserves the right to request formal
presentation from the respondent or to meet the respondent to obtain clarification
of the proposal.

The respondent whose submission in the absolute discretion of the Town of South
Bruce Peninsula best meets the requirements of the RFP will be designated as the
preferred respondent. No obligation arises until a signed agreement to engage in
consulting services, based on the accepted submission, is executed.

All qualifying submissions become the property of the Town of South Bruce
Peninsula on the closing date and will not be returned. Only late submissions will
be returned unopened.

3.4 Evaluation Criteria

The evaluation and ranking will be based on the respondent's response to the
requested information in all parts of this RFP. The criteria may be weighted in
accordance with their anticipated importance and relevance to the Town's
operations and business objectives. In order to rate the degree of criteria
compliance, many factors will be taken into account including but not limited to
work plan and time chart, references, financial terms, and conditions.

The criteria conformance per submission will be rated based on values from 1 to 4
as follows:

1. Poor
2. Fair
3. Good
4. Excellent

Multiplying the rating value by the criteria weight and adding the individual
results as shown under Stage 1 below, will calculate a total score. The staff and
Committee will recommend award of a contract to the respondent, if any, who
best satisfies the objectives of the Town of South Bruce Peninsula subject to the
necessary corporate approval as per Stage 3 below.

Stage 1 ­ Review and Assessment of Submissions

Rating

Evaluation Criteria Weight Value

· RPF Requirements
- the degree of compliance with all technical or submission
requirements noted in this RFP as outlined in Part 3 (25 points
rated 1 to 4)
· Related Experience
- the degree to which the respondents services as outlined in the
submission are in line with the Town's objectives as outlined in
this RFP (25 points rated 1 to 4)
- the degree to which the respondents experience meets the
requirements of the Town (25 points rated 1 to 4)
· Financial Criteria
- the degree to which the financial terms and conditions being
proposed are satisfactory to the Town of South Bruce Peninsula
(25 points rated 1 to 4)
Total Points ­ minimum 100, maximum 400

Stage 2 ­ Select Preferred Respondent

As stated, an interview may be required with select respondents. If this occurs,
the respondents selected for interview will be contracted and scheduled a
presentation time.
Stage 3 ­ Award of Contract by Town of South Bruce Peninsula

3.5 Errors and Omissions

The respondent has the responsibility to notify the Town of South Bruce
Peninsula or its designated agent(s) for the purposes of this RFP in writing of any
ambiguity, divergence, error, omission, oversight, or contradiction contained in
the RFP as it is discovered and to request any instructions, decisions or discretion
which may be required in preparing the submission prior to the closing of the
RFP.

3.6 Award and Rejection Rights

The Town of South Bruce Peninsula reserves the right to:
· Reject any or all submissions. Any submissions not containing sufficient
information in the view of the Town or its designated agent to permit a
through analysis may be rejected
· Issue an award in whole or in part of this RFP
· Verify the validity of the information supplied and to reject any
submission where the contents appear to be incorrect or inaccurate in the
estimation of the Town or its designated agent(s)
· Refrain from making an award if it is in its best interest
· Cancel the award if the preferred respondent is determined to have a
conflict of interest

Submissions not conforming to the requirements of the RFP may not be
considered. The Town of South Bruce Peninsula reserves the right at any time to
waive any of the requirements of the RFP. Responses which are unsupported by
the information requested in the RFP document or not complying therewith, may
not be considered. Revisions received orally, by telephone, telegraph, facsimile
or other means after the specified closing time and date will not be accepted or
considered.

3.7 Award Conditions

The award of this contract is subject to Council approval and budgetary
limitations.

The award of this contract is subject to satisfactory reference checks on previous
projects.

3.8 Material Supplies by the Town

Reference material may be supplied as required.
3.9 Insurance Requirements

The preferred respondent must submit a completed "Certificate of Insurance
Form" before the Town will execute the agreement. Insurance coverage must be
satisfactory to the Town as prescribed in the standard form of agreement. Failure
to provide and maintain such coverage is a material breach and grounds for
withdrawal of the award or termination of the agreement.

3.10 Not Liable

The Town will not be liable for any costs, expenses, loss or damage incurred,
sustained, or suffered by any respondent prior to or subsequent to or by reason of
the acceptance or non acceptance by the Town of any proposal or cancellation of
the RFP. This includes any costs associated with the preparation, submittal,
presentation, and or evaluation of a proposal or for negotiations related to the
award or the agreement, whether the respondent is successful or unsuccessful.

3.11 Litigation

It is the policy of the Town of South Bruce Peninsula that contracts for the supply
of labour and materials, work, or services will not be awarded to any bidder who
is a party to litigation with the Town, or directly or indirectly including by
common ownership or control or otherwise is related to a party to litigation with
the Town, or intends to use a subcontractor in respect of this contract who is a
party to litigation with the Town, or who directly or indirectly including by
common ownership or control or otherwise is related to a party to litigation with
the Town.

For the purposes of this section, the phrase, "party to litigation with the Town"
includes cases in which the bidder or prospective bidder or any of the parties
named above have advised the Town in writing of their intention to commence
litigation or have commenced or have advised the Town of their intention to
commence an arbitral proceeding against the Town.

Bids from any bidder in any of the above circumstances shall be rejected as
informal, irregular, and noncompliant.

3.12 Notification of Outcome

The successful respondent will be notified by telephone with subsequent written
confirmation sent to the address identified in the submission. All other
respondents who made a submission within the allowed time will be notified in
writing of the outcome of this RFP.
3.13 Respondents Covenant

Submitted by: ______________________________________________________

(Company Name)

Address: _________________________________________________________

Telephone: _____________________ Fax: ____________________________

The undersigned bidder hereby offers to the Corporation of the Town of South
Bruce Peninsula, 315 George Street, PO Box 310, Wiarton, Ontario N0H 2T0,
their services for the purposes of this RFP.

The respondent covenants and agrees that this RFP is valid for acceptance for a
period of 90 (ninety) days from the last date and time fixed for receipt of the RFP
submission and that the Town of South Bruce Peninsula may at any time within
the said period accept this RFP whether notice of acceptance of another RFP has
been given out or not.

Pursuant to and in compliance with the RFP, the undersigned having become
thoroughly familiar with the specifications, terms and conditions contained
herein, hereby offers to begin service provision as specified in their submission as
agreed to with the Town.

Signed by:
(Authorized signing officer)

________________________ _________________________
Signature Print Name

Witness:

________________________ _________________________
Signature Print Name

Dated at ____________________ this ___________day of _________________,
2007.

Town of South Bruce Peninsula, RFP
Closing:

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