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REQUEST FOR PROPOSALS FOR

A LEAN SIX SIGMA PROJECT

FOR THE CITY OF PORTAGE LA PRAIRIE

THE DEADLINE FOR RECEIPT OF PROPOSALS IS:

TIME: 2:00 P.M. LOCAL TIME

DATE: FRIDAY, NOVEMBER 6, 2015

LOCATION: CITY HALL

97 SASKATCHEWAN AV EAST,

PORTAGE LA PRAIRIE,

MANITOBA

REQUEST FOR PROPOSAL No.15 ADM 02

An Organizational Process Review using the Lean Six Sigma methodology for the City of

Portage la Prairie.

1. Introduction

1.1 Purpose and Scope

The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified

proponents to provide consulting services and for the City of Portage la Prairie to enter

into an Agreement with the Proponent whose Proposal is judged to best serve the

interests of the City when evaluated in accordance with the stated evaluation criteria.

The consultant will be required to engage city employees, and review organizational

procedures in a consultation process to assist the city with its service delivery and

organizational review. The engagement will include, but is not limited to, facilitating

discussions among city employees, gathering, analyzing and documenting their various

perspectives, current activities, and perceived needs.

It is hoped that through this engagement city staff will be able to grasp a general

understanding of Lean Six Sigma methodology and thereby be able to apply these

principles to the continuous improvement exercise.

1.2 Background

The City of Portage la Prairie is seeking a contractor to engage city employees and

review organizational procedures to assist the city with its service delivery and

organizational review. The City is located approximately one hour west of Winnipeg,

along the Trans-Canada Highway, within the Central Plains area of Manitoba. There are

approximately 13,000 inhabitants within the boundaries of the City. Portage la Prairie, a

City of Possibilities, is home to a large agricultural based economy and is often referred

to as a retirement center for surrounding communities. The Contractor will be expected

to proactively consult with city employees and provide some training opportunities to

enable city staff to grasp a general understanding of the Lean Six Sigma methodology.

1.3 Service Requirements

Develop a project plan to ensure a successful assessment process, incorporating meetings

with various stakeholders to meet the needs of both Projects 1 and 2 herein listed.

Project 1 The purpose of this Lean Six Sigma Project is to provide a review of the Logistics

Operations at the City of Portage la Prairie Cemetery. The proponent will conduct a Lean

Six Sigma review to optimize efficiencies in the department, recommend revision to

routines and develop a plan for implementation.

This should include a review of, as a minimum:

Hours of service

Vehicles and vehicle utilization

Purchasing processes

Inventory control measures (manual vs automated)

Standardized layouts for Logistics vehicles, station supplies, etc.

Equipment maintenance and repair

All recommendations must be compliant with applicable legislations, regulations and

standards.

Project 2 The purpose of this Lean Six Sigma Project is to provide a review of the Portage la

Prairie Transportation Department.

This should include a review of, as a minimum:

Hours of service

Vehicles and vehicle utilization

Purchasing processes

Inventory control measures (manual vs automated)

Standardized layouts for Logistics vehicles, station supplies, etc.

Equipment maintenance and repair

All recommendations must be compliant with existing legislations, regulations and

standards pertaining to this Department.

Training: It is hoped that through this process City staff will be able to grasp a general

understanding of Lean Six Sigma and thereby be able to apply these principles to the

continuous improvement exercise.

1.4 Contractor/ Proponent Responsibilities

(a) The Contractor will meet or exceed all Federal, Provincial, and Municipal

Health and Safety Regulations while on City property.

(b) The Contractor shall be an independent vendor, and all persons employed

by them in connection herewith shall be its employees and staff, and

should not be employees of the City in any respect.

(c) Proof that the Selected Proponent has the required level of insurance must

be supplied to the City within seven (7) business days of the RFP being

awarded, and shall be supplied on an annual basis.

(d) The Selected Proponent agrees to cover all its personnel under the

Worker’s Compensation Act of Manitoba and shall provide the City, a

copy of good standing within seven (7) business days of the RFP being

awarded.

(e) Each Proponent should be prepared to submit, on request of the City, the

following information:

(i) Proof that he is incorporated or otherwise authorized to do business

in Manitoba.

(ii) Proof that he has successfully carried out work, similar in scope

and value, or is fully capable of performing the work required to be

done in accordance with the terms of the Agreement.

(iii) Such other pertinent data as may be required by the City Manager.

1.5 Expected Schedule of Events

The following timetable lists the anticipated schedule (dates and times) of significant

events associated with this RFP and the RFP process, in general. The City reserves the

right to alter the schedule at its sole discretion.

Event Scheduled Date & Time

Release of RFP October 13, 2015

Last Day for Submission of Questions by Proponents October 28, 2015

Deadline for Submission of Proposals (Closing Date) November 6, 2015

Selection of Selected Proponent by the City November 13, 2015

Notification of Selected Proponent to all Proponents November 16, 2015

Finalization and Execution of Agreement November 20, 2015

Provision of Services Begins November 23, 2015

Completion Date January 29, 2016

All times are shown as Central Daylight time or Central Standard Time, depending on the

time of year).

2. Definitions and Interpretation

2.1 Definitions

The following terms will apply to this RFP and to any agreement that may result from the

acceptance of a Proposal. Submission of a Proposal in response to this RFP indicates

acceptance, on the part of the proposing Proponent, of all of the following terms and

expressions:

“Agreement”: the Agreement to be executed by the Selected Proponent on the terms and

conditions required by the City which will contain the terms outlined in Schedule “A”.

“Closing Date”: 2:00pm Central Time on the November 6, 2015.

“Personal Information”: recorded information about an identifiable individual, as

defined in The Freedom of Information and Protection of Privacy Act (Manitoba).

“Proponent”: a proprietor, partnership or corporation who or which submits a Proposal

in response to this RFP. A Proponent, therefore, may be one of the following entities:

prime contractor, where a single Proponent proposes to assume full

contractual liability;

prime contractor, with various sub-contractors, where the prime contractor

proposes to assume full contractual liability but will sub-contract specific

tasks;

consortium consisting of two or more Proponents who incorporate or enter

into a partnership to propose to assume full contractual liability; and

joint venture consisting of two or more Proponents who individually and

collectively propose to assume full contractual liability.

“Proposal”: the written submission from a Proponent in response to this RFP.

“RFP”: the main body of this document, all Schedules, and all addenda that may be

issued in respect of the RFP prior to the Closing Date.

“Selected Proponent”: the Proponent whose Proposal is selected by the City in response

to this RFP.

“Services”: engage city employees, and review organizational procedures in a

consultation process to assist the city with its service delivery and organizational review

by the Selected Proponent as set forth in this RFP.

“Shall”, “must”, “mandatory”, or “required”: a requirement that must be met in order

for a Proposal to be considered compliant and to be evaluated.

“Should”, “desirable”, “preferred”, or "rated": a requirement having a significant

degree of importance to the objectives of this RFP.

“Sub-Contractor”: a service provider hired by the Proponent to provide specialized

services as part of the Agreement.

3. Instructions to Proponents and Conditions

3.1 Proposal Submission Time and Location

Proposals should be received no later than 2:00pm Central Time on November 6, 2015

(the “Closing Date”). Proposals received after this time will not be considered.

The Proposal should be received by:

Mr. Jean-Marc Nadeau

City Manager, City of Portage la Prairie

97 Saskatchewan Ave East,

Portage la Prairie, Manitoba

[email protected]

mailto:[email protected]

It is the Proponent's sole responsibility to ensure that its Proposal is received by The City,

in its entirety, by the date and time specified and at the address noted above.

3.2 Number of Copies and Format

Proponents should submit one (1) original signed copy and/or one electronic copy of their

Proposal and all Schedules that should be clearly marked ‘”LEAN SIX SIGMA

PROJECT FOR THE CITY OF PORTAGE LA PRAIRIE – 15 ADM 02.” The Proposal

should be organized in the format shown in Section 4.

3.3 Enquiries and Clarifications

It is each Proponent’s responsibility to ensure its complete understanding of the

requirements and instructions and specifications in this RFP. Any questions pertaining to

this RFP may be sent by October 28, 2015, by e-mail to the City, attention:

Jean-Marc Nadeau

City Manager, City of Portage La Prairie

Email: [email protected]

Telephone: (204) 239-8336

Clarification requests can also be sent by regular mail to the above address, provided that

they are received prior to the 28th

of October, 2015.

All responses or information provided that contains further information not already

contained within the RFP, will be circulated to all parties who have indicated an intention

to submit a Proposal. The source of the inquiries will be kept confidential.

All enquiries and other communications regarding this RFP throughout the solicitation

period are to be directed only to the City, at the contact information shown above.

3.4 General Terms and Conditions

All terms and provisions set forth in this RFP are deemed to be accepted by the

Proponent and incorporated by reference in a Proponent's Proposal.

3.5 Proposal Ownership and Confidentiality

Proposals submitted in response to this RFP shall become the property of the City. All

Proposals will be kept in the strictest confidence, subject to any disclosure as may be

required under the provisions of The Freedom of Information and Protection of Privacy

Act (Manitoba) or at law or in satisfaction of a court order.

mailto:[email protected]

This RFP contains information that is confidential to the City. The use and reproduction

of this RFP, or any part thereof, by photographic, electronic or other means is permitted

solely for the purposes of preparing a Proposal.

3.6 Agreement(s) to be Entered Into

The final Agreement, if any, will be entered into by the City and the Selected Proponent

on the terms and conditions acceptable to the City. While a Proponent may have

included its standard form of agreement as part of its Proposal, such standard form will

not be used as any template for purpose of negotiating and finalizing the Agreement, and

the Agreement will be as negotiated between the Selected Proponent and the City with

provisions as required by the City, which is substantially in the form as set out in

Schedule “A” to this RFP.

3.7 Approval

Notwithstanding anything to the contrary, Proponents are advised that any Agreement

negotiated pursuant to this RFP is subject to the appropriate approvals of the City. If

such approvals are not obtained, the Agreement is void and of no force and effect, and

The City will not have any obligation or liability whatsoever to any Proponent in

conjunction with this RFP, or the negotiation of an Agreement.

3.8 Withdrawal of Proposal Prior to Closing Date

A Proponent who has submitted a Proposal may request that such Proposal be withdrawn

prior to the Closing Date, so long as the City contact person listed above receives a

request in writing on the Proponent's letterhead and signed by the appropriate authorizing

officer(s) of the Proponent.

3.9 No Award or Cancellation of RFP Process

The City, in its sole discretion, reserve the right to select any Proposal other than the

highest scoring Proposal, or to reject any and all Proposals submitted in response to this

RFP. No award may result from this RFP process. Proponents are advised that any

Proposal may not necessarily be accepted.

The City reserves the right to repeat, renew or cancel this RFP where, in its sole

discretion, none of the Proposals submitted in response to the RFP warrant acceptance or

where it would be in The City’s best interest to do so. Without being obligated to do so,

if the RFP is cancelled, The City may, in its sole discretion, issue a further RFP for the

same or similar requirements as described in this RFP.

The City also reserves the right to award this RFP in whole or in part at its sole

discretion.

3.10 Rejection of Proposal

Proponents are advised that they must refer to the actual paragraphs in the RFP for the

full description of the requirements that must be met. Any Proposal which does not

meet all of the mandatory requirements shall be deemed to be non-compliant and

shall be rejected for failure to comply with all of the mandatory terms and

conditions as set out in this RFP.

The City reserves the right to accept substantially compliant proposals, in its sole

discretion. All decisions and determinations made as to whether a Proponent meets the

mandatory criteria, the score assigned to a Proponent or the determination as the Selected

Proponent, shall be determined solely by the City or its designates, in its discretion. The

City’s determinations in this regard shall be final.

No Proposal will be considered that is in any way conditional or proposes to impose

conditions on the City that are inconsistent with this RFP and the terms and conditions

stipulated herein or in any of the Schedules attached to this RFP.

No award shall be made to a Proponent who, in the judgement of the City Manager, is not

a responsible Proponent or does not have all the necessary experience, capital,

organization and equipment to perform the Services in strict accordance with the terms

and provisions of the Agreement.

3.11 RFP Modifications by the City

The City reserves the right to review and modify the requirements contained in this RFP

at any time prior to the Closing Date. In the event of desired changes, or if the RFP is

deemed unclear or information is missing, an addendum will be issued prior to the

Closing Date.

Such addenda will form part of and be incorporated into this RFP, and will be circulated

to all parties who have indicated their intention to submit a proposal. It is the

responsibility of the Proponents to obtain the addenda, and the Proponents should

acknowledge receipt of the addenda. This RFP will be deemed to include all addenda

and it is the responsibility of the Proponents to respond to the amendments contained

therein.

3.12 Proponents’ Expenses, No Contractual or Financial Obligations

All costs and any liabilities incurred by a Proponent including (without limitation) those

associated with the preparation of the Proponent's Proposal will be borne entirely by the

Proponent. The City does not assume any contractual or financial obligation by the

issuance of this RFP, by receiving, accepting, or evaluating Proposals, or by the

determination of a Selected Proponent.

3.13 Multiple Proposals

Proponents may submit more than one Proposal. Should a Proponent submit more than

one Proposal, each Proposal shall be submitted as a separate package. Each Proposal will

be evaluated as a separate Proposal. Each Proposal must meet all of the mandatory

requirements of this RFP.

3.14 Appeals

Should any Proponent have a legitimate concern regarding fair and equitable treatment

throughout the Proposal process, then the Proponent may initiate an appeal through a

written submission to the contact person outlining its concerns, within thirty (30) days

from the date of notification by the City to the Proponent of determination of the Selected

Proponent. Only written submissions will be considered.

3.15 Governing Law

This RFP and any Agreement executed pursuant to this RFP shall be governed, construed

and interpreted in accordance with the laws of the Province of Manitoba and the federal

laws of Canada applicable therein, and the courts of the Province of Manitoba shall have

exclusive jurisdiction with respect to all matters relating to this RFP and the Agreement.

3.16 Conflict of Interest

Proponents and prospective Proponents shall disclose all support and any conflict of

interest (actual or perceived).

3.17 Rights of the City

In addition to any other express rights or any other rights which may be implied in the

circumstances, the City reserves the right to:

(a) make public the names of any or all Proponents;

(b) waive formalities and accept Proposals which substantially comply with

the requirements of this RFP;

(c) verify with any Proponent or with a third party any information set out in a

Proposal, including rejecting any Proponent statement, claim or

representation if such statement, claim or representation is patently

unwarranted or is questionable. The City shall have no duty or obligation

to verify or investigate any information it may receive, regardless of the

source or nature of the information;

(d) check references other than those provided by any Proponent;

(e) disqualify any Proponent whose Proposal contains misrepresentations or

any other inaccurate or misleading information;

(f) disqualify a Proposal where the Proponent has previously breached an

agreement with the City, or the Proponent reveals a conflict of interest in

its Proposal, or fails to reveal a conflict of interest or support in the

manner herein provided for, or a conflict of interest is brought to the

attention of the City;

(g) disqualify any Proponent or the Proposal of any Proponent who has

engaged in conduct prohibited by this RFP, including where there is any

evidence that the Proponent or any of its employees or agents colluded

with any other Proponent, its employees or agents in the preparation of the

Proposal;

(h) make changes, including substantial changes, to this RFP provided that

those changes are issued by way of addenda in the manner set out in this

RFP;

(i) accept or reject a Proposal if only one Proposal is submitted;

(j) enter into negotiations with the highest scoring Proponent if the highest

scoring Proponent’s price exceeds the City’s budget.

(k) select any Proponent other than the Proponent whose Proposal reflects the

lowest cost to the City;

(l) cancel this RFP process at any stage without award, and the City may

thereafter issue a new request for proposals, request or qualifications, sole

source or do nothing, and the City shall not be obligated to provide

reasons for such cancellation;

(m) cancel this RFP process at any stage and issue a new RFP for the same or

similar services;

(n) where there is only a single Proponent (either by way of only a single

vendor submitting a Proposal, or all other Proponents have failed to satisfy

the Mandatory Requirements or being otherwise disqualified or removed

from consideration), the City reserves the right to cancel this RFP and

directly negotiate an agreement with single Proponent for the Services.

(o) cancel this RFP process where the City determines that it would be in its

best interest not to award the Agreement;

(p) cancel this RFP process where the Proposal prices exceed the funds

available for the work or equipment;

(q) discuss and negotiate, based on the different the City requirements and the

various Proponent Proposals received, with multiple Proponents and

execute the Agreement with more than one Proponent; and

(r) reject any or all Proposals in its absolute discretion where a Proponent has

launched legal proceedings against the City or is otherwise engaged in a

dispute with the City.

3.18 Limitation of Liability

The Proponent agrees that if the City commits a material breach of this RFP, the City’s

liability to the Proponent and the aggregate amount of damages recoverable against the

City for any matter relating to or arising from that material breach, whether based upon

an action or claim in contract, warranty, equity, negligence, intended conduct or

otherwise, including any action or claim arising from the acts or omissions, negligent or

otherwise, of the City, shall be the lesser of:

(a) the Proposal preparation costs that the Proponent seeking damages from

the City can demonstrate; or

(b) $10,000.00.

(c) Proposal Contents and Requirements

Proposals should be structured in numbered sections corresponding to the number

sequence assigned to the various sections shown below, with tab dividers. Proposals

should also have page numbers and a table of contents for reference.

4. Proposal Contents

4.1 Proponent Contact Schedule (Schedule “B”)/ Declaration

Proposals must be submitted with a signature by a Signing Officer(s) authorized to sign

on behalf of and bind the Proponent. The Proponent should complete the following

Schedules in their entirety.

4.2 Services

The Proponent should outline its process, methodology, and service deliver model for

provision of consulting services as detailed in Section 1.3 and 1.4 of this RFP.

4.3 Pricing

The Proponents shall provide pricing in its proposal. Prices provided shall be gross

prices including all applicable Federal and provincial taxes, and all other government

charges whether now in effect or hereafter imposed and including profit and all

compensation which shall be due to the Contractor for supplying labour, transportation

and supervision not only for the classifications expressly specified but for those which

have been omitted and all details necessarily connected contingencies connected

herewith.

If the price includes a duty or tax imposed or levied by any competent government body

or agency and that duty or tax is subsequently removed or varied in any way, the City

shall have the right to request an adjustment of the contract price to reflect such removal

or variance.

Pricing quoted must be in Canadian funds, include all associated fees/expenses and be

exclusive of applicable taxes.

Note that payments to the Contractor shall be made on a monthly basis, within 30 days

receipt of the invoice.

4.4 Subcontracting

If the Proponent intends to subcontract any component of the Services to be provided,

this shall be clearly identified in its Proposal. The Proponent should supply information

pertaining to those firms that will be involved as Sub-Contractors as per the requirements

as set out in this section relating to Company Profile and Experience which will be

evaluated.

Although The City is not averse to the Proponents’ subcontracting as required, it is

mandatory that one Proponent submit the Proposal on behalf of its Sub-Contractors and

that one Proponent take responsibility for the Agreement.

4.5 Company Profile and Experience

Proponents must submit a company profile that should include the following:

(a) Experience in providing the type of services requested in this RFP;

(b) Length of time in business;

(c) Location of office that will be responsible for support to the City;

(d) The Proponent shall indicate any intention to partner with an individual, or

entity. Indicate the nature of the partnership with an individual or entity,

their perceived role(s) and the value this adds to the proposal. Provide the

names and contact information for the individual(s) or entity.

4.6 Employee Information

Proponents must submit information on the employees or staff that will be providing any

of the Services that should include, but not necessarily be limited to:

1. Management

The Proponent shall supply résumés in reverse chronological format of the

management personnel responsible for this project indicating:

• Work experience: positions held, employer, responsibilities, duration and

period of tenure;

• Project experience: project objectives, role on projects, current status of

project;

2. Project Team

The Proponent shall supply résumés in reverse chronological format of the project

team personnel responsible for this project indicating:

• Work experience: positions held, employer, responsibilities, duration and

period of tenure

• Project experience: project objectives, role on projects, current status of

project;

4.7 Methodology

1. The Proponent shall provide a general description of how they propose to deliver

the Consulting Services. Any Assumptions made in this description or in the

approach must be cross-referenced in Assumptions.

2. Assumptions - In table format, the Proponent will indicate all assumptions made

to build their proposal and the bearing these assumptions had on the development

of the proposal,

3. It is crucial that this information be completed to ensure that the evaluation

committee can validate all assumptions in order to evaluate proposals in a

normalized fashion. In situations where assumptions are invalid, the Proponent

may be asked to rework the corresponding sections of their Proposal.

4. Understanding of Scope and Objectives - The Proponent will describe their

understanding of the scope and objectives of the project.

5. Delivery Schedule – The Proponent will provide a Delivery Schedule setting out

timelines for service delivery. The Proponent will list the major task start and end

dates, as well as major milestone dates.

4.8 Qualifications and Client References Form

Proponents should submit a minimum of three (3) references, including the company

name, contact name, contact phone number, and a brief summary (paragraph) of the

services conducted. At the City’s request, the client references may be contacted the

City.

5. EVALUATION

5.1 Review of Mandatory Criteria

Each of the Proposals will be screened by The City for compliance with all mandatory

requirements. The mandatory requirements that will be checked for compliance by The

City are listed below. Only requirements listed below will be considered to be mandatory

requirements and any requirement that is not listed in the table below will not be

considered or evaluated as a mandatory requirement notwithstanding that such

requirements may use the words "shall", "must", "mandatory", or "required". Proponents

are advised that they must refer to the actual paragraphs in the RFP for the full

description of the requirements that must be met. Any Proposal that does not meet the

mandatory criteria, in the City’s sole discretion, shall be rejected without further

consideration.

Section Mandatory

3.1 Submission of Proposals

(a) Proposals received by the City at address

in Section 3.1

(b) Proposals received by the City by

Closing Date, at 2pm Central Time

3.2 One electronic copy of the proposal

4.1 Authorizing Signature

4.3 Pricing

4.2 Services to be Provided

4.7 Methodology

4.5 Company Profile and Experience

4.4 & 4.6 Employee/Staff /Subcontractor Information

5.2 Evaluation Process -

Maximum

Value

STEP

1

Proposal Evaluation

Services to be Provided (Subsections 1.3 and 1.4) 30

Pricing (Subsection 4.3) 25

Methodology (Subsection 4.7) 20

Company Profile and Experience (Subsection 4.5) 10

Staff Information (Subsection 4.6) 15

TOTAL 100

NOTE In evaluating the Pricing, the lowest Pricing provided will receive 100% of the points allocated

for Pricing and the others receive a prorated percentage, based on the provision of the Services

in total.

STEP

2

Reference Checks

Prior to the determination of the Selected Proponent, the City may conduct

reference checks. Proponents are advised that the City, in its sole discretion, may

elect to forego this step if the Proponent has had satisfactory past experience with

the City or in the City’s estimation deems the checks not required.

Proponents are also advised that additional reference checks may be carried out at

the sole discretion of the City.

After reference checks are completed, the City may use the information obtained

to re-evaluate and confirm the score in Step 1.

Pass/Fail

5.3 Notification of Proponents

All Proponents will be advised in writing of their status by the City at a time determined

to be appropriate by the City.

5.4 Agreement and Negotiation

The Selected Proponent will be provided with an opportunity to conclude an arrangement

and execute and agreement with The City.

The final Agreement(s), if any, will be entered into by the City and the Selected

Proponent with provisions as required by the City, which will contain the terms

substantially in the form as set out in Schedule “A” to this RFP.

If an agreement is not reached with the Selected Proponent(s) within ten (10) business

days from the date of the commencement of negotiations between the City and the

Selected Proponent(s), the City reserves the right to engage in contract negotiations with

another Proponent.

The City makes no commitment of any kind, in law or in equity, to the Selected

Proponent until the Agreement has been executed between the City and the Selected

Proponent.

SCHEDULE “A”

TERMS AND CONDITIONS

1. CONTRACTOR OBLIGATIONS

(a) The Contractor shall comply with all applicable safety regulations

throughout the life of the Agreement, and shall at his own expense do

whatever is necessary to ensure that no person, property, right, easement,

or privilege is impaired, damaged, or infringed by reason of the

Contractor’s activities under this contract.

(b) The Contractor shall take all necessary precautions for the safety of

employees on the job site in accordance with the current legislation of the

Province of Manitoba.

(c) The Contractor agrees to comply with all applicable Federal, Provincial,

and Municipal statutes, bylaws and regulations, specifically in accordance

with building and fire codes.

(d) The Contractor’s employees, staff, agents, and sub-contractors shall

conduct the Services required under this Agreement in a safe manner,

ensuring that all government safety laws, regulations and practices are

followed throughout the course of the work.

2. FEES AND EXPENSES

a) Subject to the following subsections, in consideration of the Services

performed to the satisfaction of the City, the City shall pay to the Contractor

the amounts as set out in Schedule “X” to this Agreement, at the times

indicated therein. These amounts are exclusive of Federal Goods and Services

tax (GST) and Manitoba Retail Sales tax (PST).

b) The City shall not be responsible for payment of any other fees or expenses

incurred by the Contractor in the performance of this Agreement. Any work

performed by the Contractor outside the scope of Services without the prior

written approval of the City shall be deemed gratuitous on the Contractor’s

part, and the City shall have no liability with respect to such work.

c) The Contractor shall provide invoices in writing and the invoices shall include

sufficient detail with respect to the fees, expenses, and applicable sales taxes,

if any, claimed and supported by such vouchers, statements, receipts, time

logs and other information as the City may require.

d) The City shall pay the Contractor’s invoice(s) within thirty (30) days

following receipt of such invoice and any supporting materials required under

subsection X.

e) The Contractor shall be responsible to pay all government assessments

including Income Tax, Employment Insurance relating to the Contractor and

its employees, Workers Compensation and Canada Pension Plan relating to

the Contractor personally. The Contractor shall not receive a record of

employment from the City or the Site(s) for employment insurance purposes.

f) All amounts in this Agreement are in Canadian currency and all payments

shall be made in Canadian currency.

g) For the Term, the Contractor shall in no event charge greater rates, charges,

fees or costs for Services provided in respect of the Services than the

maximum rates, charges, fees and costs set out for those same Services as set

forth in Schedule “X” hereto.

3. CONFIDENTIALITY

While this Agreement is in effect and at all times thereafter, the Contractor and its

officers, employees, agents and subcontractors shall:

(a) treat as confidential all information, data, documents and materials

acquired, or to which access has been given in the course of, or incidental

to this Agreement, which includes, without limitation, personal

information and personal health information (“Confidential Material”);

(b) not use, or permit the use of, the Confidential Material, except for the

proper performance of its obligations under the Agreement;

(c) not disclose, or permit the disclosure of, the Confidential Material to any

person, corporation, organization or other entity without first obtaining the

permission of the party originally in possession of the Confidential

Material (the “Disclosing Party”); and

(d) comply with all reasonable restrictions, procedures, rules and directions

made or given by the Disclosing Party, with respect to the safeguarding or

ensuring the confidentiality of the Confidential Material prior to, during

and subsequent to the term of this Agreement.

Each party agrees to advise its officers, employees, agents and subcontractors

that they may, during the course of discharging their individual or collective

responsibilities under this Agreement, have access to or be in possession of

Confidential Material, and shall advise such officers, employees, agents and

subcontractors of all of the obligations contained in this Agreement pertaining

to the protection of Confidential Material.

For the purposes of this Agreement, information, data, documents and

materials will not be deemed to be Confidential Material if they:

(a) were in the public domain or known to the receiving party (“Receiving

Party”) prior to the time of disclosure, or become publicly available other

than through a breach of this Agreement; or

(b) become known to the Receiving Party from a source other than the

Disclosing Party, without breach of any duty of confidentiality; or

(c) are approved, in writing, for disclosure without restriction by the

Disclosing Party; or

(d) are required to be disclosed by operation of law or regulation to which

either party is subject, notice of such requirement of disclosure shall first

be provided to the Disclosing Party, wherever possible; or

(e) are developed independently by the Receiving Party without a breach of

any duty of confidentiality.

4. OWNERSHIP OF MATERIALS AND EQUIPMENT

Any equipment, materials and supplies provided by The City to the Contractor for use in

the provision of the Services or the performance of this Agreement shall remain the

property of The City and shall be returned without cost to The City upon request.

5. INDEMNIFICATION

(a) Except to the extent caused or contributed by one party or a third party,

the other party (“Responsible Party”) agrees to indemnify and save

harmless the other part(ies)y from and against all claims, demands,

proceedings, losses, damages, liabilities, deficiencies, costs and expenses

(including all legal and other professional fees and disbursements, interest,

penalties and amounts paid in settlement) and Re-Procurement Costs

suffered or incurred by the other part(ies)y for:

(b) all damages and costs for personal and bodily injury to any persons,

including death, caused by the willful or negligent acts, errors or

omissions of the Responsible Party, its officers, employees, agents or

subcontractors or any other party for whom the Responsible Party is

responsible at law;

(c) all damages and costs for physical harm to, or loss of, real and tangible

personal property caused by the willful or negligent acts, errors or

omissions of the Responsible Party, its officers, employees, agents or

subcontractors or any other party for whom the Responsible Party is

responsible at law;

(d) all damages, losses and costs sustained or incurred by the other Part(ies)y

due to breaches of the confidentiality and privacy provisions set forth in

this Agreement by the Responsible Party, or any of its officers, employees,

agents or subcontractors or another party for whom the Responsible Party

is responsible at law; and

(e) direct damages caused by the acts, errors or omission of the Responsible

Party, its officers, employees, agents or subcontractors or any other party

for whom the Responsible Party is responsible at law.

Except as provided for in the sections above, each party (“Indemnifying

Party”) shall indemnify and hold harmless the other party, and the other

party’s officers, employees, agents and subcontractors, from any and all

third party claims, demands or actions caused by the willful or negligent

acts, errors or omissions of the Indemnifying Party, its officers,

employees, agents or subcontractors to the extent that the Indemnifying

Party is liable under law to the third party;

Notwithstanding anything contained herein, the City shall not be liable for

any injury to the Contractor, or to any officers, employees or agents of the

Contractor, or for any damage to or loss of property of the Contractor, or

the officers, employees, or agents of the Contractor.

6. INSURANCE

(a) The Contractor shall maintain comprehensive general liability insurance

including cross-liability coverage and completed products and operations

coverage on terms acceptable to the City, and subject to limits of between

$2,000,000 and $5,000,000.00 per occurrence for bodily or personal

injury, death and damage to property including loss of use thereof. If the

comprehensive general liability insurance contains aggregate limits, the

general aggregate limit shall be at least twice the occurrence limit.

(b) The City and the Site(s), their officers, directors, agents, employees and

volunteers shall be named as an additional insured on all comprehensive

general liability, excess and umbrella policies of the Contractor.

(c) The Contractor shall carry errors and omissions insurance for negligent

acts, errors or omissions of the Contractor, its officers, employees,

subcontractors and agents, providing minimum limits of between

$2,000,000 and $5,000,000.00 per occurrence or claim. Further, the

Contractor shall ensure that it is enrolled under The Worker’s

Compensation Act, and that all of its assessments and penalties, if any, are

fully paid.

(d) All policies shall be maintained for a minimum of twenty-four (24)

months following completion of services, and such policies shall be

supplied to the City on an annual basis.

(e) Written evidence of all required insurance, and any renewals thereof,

satisfactory to the City, shall be provided to the City prior to commencing

provision of the Services. Certificates issued shall, as applicable, specify

additional insured status, contractual liability, cross-liability,

subcontractors as insureds, products and completed operations, twenty-

four (24) months reporting period and acknowledgement of any and all

aggregate limits applicable.

(f) By requiring the foregoing minimum coverage, the City is not representing

that such amounts or types of insurance are adequate to cover all possible

claims or losses that the Contractor may suffer and the City expressly

disclaim such a representation. The Contractor acknowledges that it is

solely responsible for determining the adequacy of its insurance coverage.

7. INDEPENDENT CONTRACTOR

(a) The Contractor is an independent contractor, and this Agreement does not

create the relationship of employer and employee, or of principal and

agent, between any of The City, or the Contractor or between either of the

City and any officers, employees, agents or subcontractors of the

Contractor.

(b) The Contractor is responsible for any deductions or remittances that may

be required by law, whether federal, provincial, or municipal, and any

amounts payable to any subcontractor engaged by the Contractor to carry

out the Services.

8. ASSIGNMENTS

(a) The Contractor shall not assign or transfer this Agreement or further

subcontract the Services without first obtaining written consent from the

City, which consent may be arbitrarily withheld. If the Contractor is a

corporation, any change in control of such corporation shall and is hereby

deemed to be an assignment of this Agreement.

(b) No assignment or transfer of this Agreement or subcontracting of any of

the Services shall relieve the Contractor of any obligations under this

Agreement, except to the extent they are properly performed by the

Contractor’s permitted assigns or subcontractors.

(c) This Agreement shall be binding upon the executors, administrators, heirs,

successors and any permitted assigns and subcontractors of the Contractor.

9. DEFAULT AND TERMINATION

If the Contractor fails to comply with or fulfill any of the terms of the Agreement, the

City may terminate this Agreement on ten (10) days’ written notice to the Contractor of

its intent to do so. The Contractor will be entitled to be paid any monies due to it up until

the date the Contract is terminated for any and all work that does comply with the terms

of this Contract.

If the City commits a material breach of this Contract, including the non-payment of the

Contractor’s invoices, the Contractor may, at its discretion, provide the City with written

notice that if such default is not remedied to the Contractor’s satisfaction within fifteen

(15) days from the date of that notice, then the Contractor may terminate the Contract

upon providing a further seven (7) days’ notice in writing to the City.

10. DISPUTE RESOLUTION

It is agreed between the parties hereto if at any time a dispute arises between the parties

hereto in connection with the terms of this Agreement, or in any way arising out of this

Contract, the said dispute shall be settled by arbitration and all provision of The

Arbitration Act of the Province of Manitoba, and all amendments thereto shall apply to

said arbitration.

11. GOVERNING LAW

This Agreement shall be construed, interpreted and governed by the laws of the Province of

Manitoba and the laws of Canada applicable therein, and the Courts of the Province of

Manitoba shall have exclusive jurisdiction with respect to all matters relating to this

Agreement.

12. SUSPENSION OR DELAY

The City may, at any time, suspend any part of Services for any reason whatsoever by

giving notice to the Contractor specifying the portion of the Services to be suspended and

the effective date of suspension. The Contractor shall continue to provide any

unsuspended part of the Service. Suspension, as aforesaid, shall not limit or waive the

Contractor’s responsibility pursuant to the scope of the Contract. The City shall not be

held liable for any damages or loss of anticipated profits on account of suspension of any

part of Services.

Schedule B

Declaration

TO: THE CITY OF PORTAGE LA PRAIRIE (the “City”)

RE: IN THE MATTER OF our Proposal dated , 2014, to which this Declaration

forms an integral part (the “Proposal”) prepared by (the “Proponent”), and submitted in

response to a request for proposals issued by the City of Portage La Prairie dated October

13, 2015, as amended, regarding the supply of consulting services for a Lean Six Sigma

Project.

I am duly authorized by the Proponent to execute this Declaration. I solemnly declare and

promise as follows:

1. Proposal Validity and Security

(a) All statements, specifications, data, confirmations, and information that

have been set out in the Proposal are complete and accurate in all material

respects.

(b) I/we consent pursuant to the requirements of The Freedom of Information

and Protection of Privacy Act, (Manitoba), as amended, to the disclosure,

on a confidential basis, of the Proposal by the City to the evaluation team

and the City’s other advisers retained for the purpose of evaluating or

participating in the evaluation of the Proposal.

(c) I/we have received and reviewed the RFP, together with any and all

addenda thereto.

2. Mandatory Requirements

I/We confirm that our Proposal includes and/or addresses all Mandatory

Requirements, as set out in the RFP.

3. References

I/we have included the number and type of references required by the RFP and

consent to having the City perform checks with those references and with any

other relevant references.

4. Failure to Conclude Arrangement

I/we acknowledge that the City’s acceptance of our Proposal is conditional upon

our ability to conclude an arrangement with the City on terms and conditions

satisfactory to the City, and that being selected by the City will only provide us

with an opportunity to conclude an arrangement with the City. The Agreement

will set out the terms and conditions under which we will perform the Services

and other obligations required by this RFP and our Proposal. I/we further

acknowledge that where we are unable to come to an arrangement with the City,

the City will have the powers granted to it under Section 3 of the RFP.

5. Execution of Agreement

I/we understand that in the event that our Proposal is selected by the City, I/we

agree to discuss and negotiate in good faith the terms of an arrangement with the

City and sign the Agreement.

___________________________________ ____________________________________

Signature of Witness: Signature of Proponent

I have authority to bind the Proponent

___________________________________ ____________________________________

Name of Witness: Name and Title:

____________________________________

Date of Signature:

REQUEST FOR PROPOSALS FOR A LEAN SIX SIGMA … - PlaP - Lean Six... · REQUEST FOR PROPOSALS FOR A...

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