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HomeMy WebLinkAbout2005-002 BY-lAW 2005- 002 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Deloitte & Touche, Toronto, Ontario, to enter into an agreement for the Audit Services, for the Finance Department. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Deloitte & Touche, Toronto, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this17 day of Januaj:"~005. By-law read a third time and finally passed this17 C!iJJil!gton MUNICIPALITY OF CLARINGTON REQUEST FOR PROPOSAL RFP2004-12 AUDIT SERVICES CLOSING TIME & DATE: Tuesday, November 23, 2004 4:00 p.m. (local time) Documents are to be submitted, signed by an authorized officer of the company and in an envelope clearly marked as to contents, to the following: LouAnn Birkett, C.P.P., A.M.C.T. Purchasing Manager Municipality of Clarington Address for Mailina and Deliveries: 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Late Proposals will not be accepted. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES DEFINITIONS SECTION I INSTRUCTIONS TO PROPONENTS 1.1 INVITATION 1.2 PROPOSAL SUBMISSION PROCESS 1.3 REQUIREMENTS - PROPOSAL 1.4 JOINT PROPOSALS 1.5 SUBCONTRACTORS 1.6 PRICE PROPOSAL 1.7 SCHEDULE OF EVENTS 1.8 COSTS INCURRED BY RESPONDENTS 1.9 INTERVIEWS 1.10 NEGOTIATIONS 1.11 CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE 1.12 PATENTS AND COPYRIGHTS (DOES NOT COVER DOCUMENTSIDATA PROVIDED BY THE MUNICIPALITY) 1.13 TERMINATION 1.14 INDEMNIFICATION 1.15 INSURANCE 1.16 PROFESSIONAL L1ABIL TIY COVERAGE 1.17 ERRORS AND OMISSIONS 1.18 HEALTH & SAFETY 1.19 LAWSANDREGULATIONS 1.20 CONTRACT REQUIREMENT 1.21 CONFLICTS OF INTEREST SECTION II TERMS OF REFERENCE 2.1 STANDARD TERMS & CONDITIONS 22 BACKGROUND INFORMATION - MUNICIPALITY OF CLARINGTON 2.3 BACKGROUND INFORMATION - LIBRARY BOARD 2.4 ELIGIBILITY 2.5 SCOPE 2.6 REQUIREMENTS .1 Annual Schedule PAGE 29 .2 Qualified Statement PAGE 29-30 .3 Delivery of Annual Financial Statements PAGE 30 .4 Meetings and Subsequent Assistance PAGE 30 .5 Post Audit Management Letter PAGE 30 .6 Confidentiality P AG E 31 .7 Tenns of Engagement PAGE 31 2.7 MISCELLANEOUS 2.8 PAYMENT SECTION III EVALUATION CRITERIA SECTION IV SELECTION PROCESS SECTION V FORM OF PROPOSAL SCHEDULE "E" QUESTIONS FOR CLARIFICATION PAGE 2 0141 RFP2004-12 PAGE 3 PAGE 4-12 PAGE 4 PAGE 5 PAGE 5-6 PAGE 6 PAGE 6 PAGE 7 PAGE 7 PAGE 7 PAGE 8 PAGE 8 PAGE 8-9 PAGE 9 PAGE 9 PAGE 9-10 PAGE 10 PAGE 11 PAGE 11 PAGE 11 PAGE 11 PAGE 11 PAGE 12 PAGE 13-31 PAGE 13-25 PAGE 26 PAGE 27 PAGE 28 P AG E 28-29 PAGE 29-31 PAGE 31 PAGE 31 PAGE 32-38 PAGE 39 PAGE 40 PAGE 41 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 3 of41 RFP2004-12 DEFINITIONS Request for Proposal (RFP) - documents issued by the Municipality of Clarington Proponent - a service provider invited to submit a proposal in response to this RFP Respondent - anyone submitting a proposal in response to this RFP Selected Respondent(s) - Respondents that have had their proposals recommended for acceptance by the Municipality of Clarington for Committee/Council approval Successful Respondent(s) - Respondents whose proposal has been approved by the Municipality of Clarington and its respective authoritative bodies Contract - an Agreement and any attachments hereto provided by the Municipality of Clarington Municipality- the Municipality of Clarington Contractor/Service provider - a pronoun in place thereof - the person, firm or corporation that has undertaken to provide the solution required by this proposal Shall and WiII- used in this document denotes imperative May - used in this document denotes permissive THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE4of41 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS 1. Invitation .1 The Municipality of Clarington (The Municipality) is currently in the process of seeking a proponent to provide audit services. It is the intent of the Municipality to enter into an agreement with a service provider that can demonstrate through the Request for Proposal process, their municipal expertise, accounting credentials and their solid reputation as an industry leader in the area of municipal audits. It is the intent of the Municipality to enter into a five-year agreement with the successful respondent to provide audit services. Please see the Annual Report on the Municipality of Clarington's website for quantitive information - www.municipalitv.clarinaton.on.ca .2 The solution offered must meet or exceed the minimum specifications as noted in the terms of reference, and comply with all instructions to Proponents to be considered for this project. .3 Questions relating to this proposal are to be faxed or emailed to LouAnn Birkett, Purchasing Manager. Facsimile: Email: Telephone: 905-623-3330 Ibirkett@municipality.clarington.on.ca 905-623-3379 ext. 402 .4 Oral clarifications do NOT form part of the RFP document. Any modifications to the document will be in the form of addenda, which will be issued by Purchasing to all proponents and distributed prior to the RFP closing date. .5 Only an authorized officer of the Respondent's Company shall sign this document. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 5 of41 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) 1.2 Proposal Submission Process The Respondent shall prepare and submit one (1) original and three (3) copies of their Proposal. The submission shall be clearly marked as to contents. Late proposals will not be accepted and will be returned unopened. An authorized officer must legibly sign all proposals. Submissions are to conform to the terms and conditions set out herein. Failure to do so will cause the submission to be rejected. Requests for extensions of closing date or time will NOT be granted and adjustments to bids by telephone or fax will not be considered. 1.3 Requirements - Proposal The Proposal submission shall contain, as a minimum, the information requested below: 1. A profile of the firm including breadth of other audit assignments and clients, resource and support services readily available (Le. tax advice, management consulting), particular strengths relevant to this audit; 2. Experience in municipal auditing; 3. A description of the auditing procedures and techniques to be utilized for the audit of the financial statements including identification of any alternate methods which may lessen the demand on internal resources; 4. Information as to the location of the office which would be responsible for the audit; 5. The names, qualifications and experience of the partner, manager and senior staff who will be assigned to the audit if the firm is successful. Continuity of staff will be given a high priority and this must be so indicated; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE6of41 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) 1.3 Requirements - Proposal 6. The names and telephone numbers of officials for three of the firm's present audit clients, preferably at least one client from the municipal sector; 7. An estimate of the number of hours that are anticipated to be required for the annual audit broken down between the various categories of staff assigned to each of the responsibilities, including details of initial start up costs; 8. Advisorv Services and Publications Information should be included in the proposal regarding any advisory services, which may be available free of charge on routine matters. These may include staff assistance and/or publications relating to sales tax, federal and provincial pension reforms, federal and provincial budgets, income tax, employee benefit plans, internal audit, financial systems development, computer systems, cash management, etc. 1.4 Joint Proposals In the event that a joint proposal is submitted on behalf of two or more individualslfirms, the name and role of each partner in the joint proposal must be clearly identified and the document signed by an authorized officer of each firm. One of the firms, listed in the document, shall accept responsibility for the level and quality of service and deliverables provided and co-ordinate services as required by the Municipality. 1.5 Subcontractors The Respondent shall not assign, transfer, convey, sublet or otherwise dispose of the contract or the right, title, interest therein, or the power to execute such contract to any other person, firm, company or corporation without the written consent of the Municipality. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 7 of 41 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) 1.6 Price Proposal - Fees & Expenses The Respondent shall provide a firm quotation for the fees expected to be charged for the 2004 audit and an estimate of the probable fees for the remaining four years. Fees should be quoted separately for each of the following: · Municipality of Clarington including other small boards · Clarington Public Library Board . Trust Funds · Business Improvement Areas · Out of pocket expenses should be clearly stated to be either part of the estimated fee or shown separately. It is expected that the audit should be considered as a "local" audit and the Corporation not be responsible for disbursements incurred by the audit firm which are caused by using staff from outside locations. Respondents shall include their G.S.T. number with their proposal. 1.7 Schedule of Events Although every attempt will be made to meet all dates as identified below, the Municipality reserves the right to modify any or all dates at its sole discretion. RFP Release Closing Date for Submissions Selection Committee Interviews Senior Management Review Council Approval 1.8 Costs Incurred by Respondents All expenses involved with the preparation and submission of proposals to the Municipality of Clarington, or any work performed in connection therewith shall be borne by the Respondent. No payment will be made for any proposals received, nor for any other effort required of or made by the Respondent for the preparation time or submission of this proposal document. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 8 of 41 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) 1.9 Interviews Respondents whose proposals have been short-listed may be required to attend an interview in the time frame indicated in Section 1.7, to clarify or exhibit or otherwise demonstrate the information contained in support of their proposals. If selected to make an oral presentation to the Selection Committee, it is expected that the partner and manager who will be assigned to the audit will make the presentation on behalf of the firm. 1.10 Negotiations The Municipality may award the project on the basis of initial offers received, without discussion. Therefore, each initial offer should contain the Respondent's best terms/information, including all required documentation as noted in Section 1.3 and the Terms of Reference. The Municipality reserves the right to enter into negotiations with the selected Respondent(s). If the Municipality and the selected Respondent(s) cannot negotiate a successful "Agreement", the Municipality may terminate the negotiations and begin negotiations with the next selected Respondent(s). This process will continue until an "Agreement" has been executed or all Respondents have been rejected. No Respondent shall have any rights against the Municipality arising from the negotiations. 1.11 Contract Documents and Order of Precedence The contract document shall consist of: a) The executed AgreemenUPurchase Order b) Addenda to the RFP c) Request for Proposal document d) The company's proposal and any subsequent negotiated changes These documents and portions thereof, take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The successful proposal shall become an integral part of the contract. It shall not, however, be considered the total binding obligation for the THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 9 0141 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) Contract Documents and Order of Precedence (continued) contract. Any and all proposal conditions may be included at the discretion of the Municipality as part of a final negotiated and approved contract. The Municipality reserves the right to include additional terms and conditions during the process of contract negotiations. These terms and conditions shall be within the scope of the original RFP and contract documents and shall be limited to cost, clarification, definition and administrative and legal requirements. 1.12 Patents and Copyrights (Does Not Cover Documents/Data Provided by the Municipality) The Respondent shall, at his/her expense, defend all claims, actions or proceedings against the Municipality on any allegations that the work or any part of the work constitutes and infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. 1.13 Termination In the event that the Respondent fails to comply with any of the terms and conditions set forth in the signed contract/agreement, the Respondent will be notified in writing and will be given fifteen days to comply with the violated sections. At the expiration of the stated period of time, if the Respondent has not complied to same, to the satisfaction of the Municipality, the Contract will be terminated. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have. In this event, all work-in- progress shall be provided to the Municipality. 1.14 Indemnification The Successful Respondent shall indemnify and hold harmless the Municipality, its officers, council members, partners, agents and employees from and against all actions, claims, demands, losses, costs, damages, suits or proceedings whatsoever which may be brought against or made upon the Municipality and against all loss, liability, judgments, claims, suits, demands or expenses which the Municipality may sustain, suffer or be put to resulting from or arising out of the Successful Respondent's failure to exercise reasonable care, skill or diligence or omissions in the performance THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 10 of41 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) Indemnification (continued) or rendering of any work or service required hereunder to be performed or rendered by the Successful Respondent, its agents, officials and employees. This supersedes item 24 of the Standard Terms and Conditions. 1.15 Insurance Without restricting the generality of the section on Indemnification, the Successful Respondent shall obtain, maintain, pay for and provide evidence of insurance coverages, taken out with insurance companies licensed to transact business in the Province of Ontario and not otherwise excluded by the Municipality's Treasurer. 1. Commercial General Liabilitv Insurance Commercial General Liability insurance shall include as an Additional Insured, the municipality, with limits of not less than $3 million ($3,000,000.00) inclusive per occurrence for bodily and personal injury, death and damage to property including loss of use hereof. Evidence of this insurance shall be provided. The form of this insurance shall in all respects be satisfactory to the Municipality's Treasurer and shall be maintained continuously from either the commencement of the services or the signing of this agreement, whichever is sooner. The policy holder shall provide the Municipality with not less than 30 days written notice in advance of any cancellation, change or amendment restricting coverage. This supersedes item 23 of the Standard Terms and Conditions. 2. Umbrella Liabilitv Insurance Coveraae Where the vendor cannot provide evidence of $3,000,000.00 in Commercial General Liability limits with respect to the Commercial General Liability insurance coverage, they must provide evidence of at least $2,000,000.00 in Commercial General Liability and they must provide evidence of an additional Umbrella Liability Insurance coverage in an amount of $1,000,000.00, which would respond in a scenario where the $2,000,000.00 commercial general liability limit were deemed to be insufficient. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 110141 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) 1.16 Professional Liability Coverage The proponent shall provide and maintain professional liability insurance coverage to a per claim limit consistent with the value of the contract being awarded throughout the term of the agreement. 1.17 Errors & Omissions The Municipality shall not be held liable for any errors or omissions in any part of this RFP. While the Municipality has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in the RFP is supplied solely as a guideline for Respondents. The information is not guaranteed or warranted to be accurate by the Municipality, nor is it necessarily comprehensive or exhaustive. Nothing in the RFP is intended to relieve the Respondents from forming their own opinions and conclusions with respect to the matters addressed in the RFP. 1.18 Health & Safety All work performed under this contract must be carried out in accordance with the terms and conditions of the OCCUPATIONAL HEALTH & SAFETY ACT, R.S.O., 1990, C.01. as amended. 1.19 Laws and Regulations The Successful Respondent shall comply with the relevant federal, provincial and municipal statutes, regulations and by-laws pertaining to the work and its performance. The RespondenUFirm shall be responsible for ensuring similar compliance by its suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the province of Ontario. 1.20 Contract Requirement The selected Respondent will be expected to enter into a contracUagreement with the Municipality specifying terms of reference, fee schedules, upset limits and time schedule. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 120141 RFP2004-12 SECTION I INSTRUCTION TO PROPONENTS (continued) 1.21 Conflicts of Interest The Successful Respondent will be required to indicate whether the Respondent's Firm or any member of the project team is currently employed or retained by a private or public sector client whose interests could be deemed to conflict with those of the Municipality with respect to this project. Prior to accepting the assignment, all firms are required to disclose any potential conflict of interest to Council. If a conflict does exist as referred to above, Council may, at its discretion, withhold the assignment from the firm until the matter is resolved to the satisfaction of Council. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 13of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS 1 . Definitions Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2. Submission of Bid Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 14of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Submission of Bid (continued) If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. 3. Contract The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. Clarification of the Document Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 15of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) . Clarification of the Document (continued) the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. Proof of Abilitv The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. Deliverv Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order thereof. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. Pricinq Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 16 0141 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Pricina (continued) Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. . Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality "an" appropriate or "no" appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. Terms of Payment Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 17 of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Terms of Payment (continued) Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. . Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. Patents and CopvriQhts The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. Alternates Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQuivalencv Any opinion determined by the Municipality with respect to equivalency shall be final. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 18of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) 12. Assianment and Subcontractina The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. Financina Information Reauired of the Companv The Municipality is entitled to request of the Company to fumish reasonable evidence that financial arrangements have been made to fulfil the Municipality's obligations under the Contract. 14. Laws and Reaulations The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. Correction Defects If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. Bid Acceptance The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 19of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Bid Acceptance (continued) The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. Default bv Company a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 20 of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Default bv Companv (continued) iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. . Contract Cancellation The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. Quantities Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. Samples Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, . unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 21 of 41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) 21. Surety The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the (WSIB) Workplace Safety and Insurance Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. Workplace Safety and Insurance Board All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject . Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors / Owners / Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 22 of 41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Workplace Safety and Insurance Board (continued) o Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining worker/Independent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) o Single Independent Contractors / Owners / Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. o The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. Insurance The company shall maintain and pay for Commercial/Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for Bodily Injury Death and Property Damage including loss of use thereof or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. Liabilitv The company agrees to defend, fully indemnify and save harmless the Municipality from any and all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, or resulting from negligent acts or omissions by the contractor in the performance of his obligations under the contract, or resulting from negligent acts or omissions by the contractor in the performance of his obligations under the contract, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 23 0141 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Liability (continued) save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. Visitinq the Site The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. Safety The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations . including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 24 of41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) 27. Unpaid Accounts The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. Suspension of Work The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. Chanaes in the Work The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. Conflict of Interest No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. Municipal Freedom of Information and Protection of Privacv Act (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 25 of 41 RFP2004-12 SECTION II STANDARD TERMS AND CONDITIONS (continued) Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) (continued) Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 26 of 41 RFP2004-12 SECTION II TERMS OF REFERENCE (continued) 2.2 Background Information - Municipality of Clarington The Municipality of Clarington is part of the Regional Municipality of Durham in the Province of Ontario and has a population of 78,460. It conducts its operations guided by the provisions of provincial statues such as the Municipal Act and related legislation. The Municipality employs approximately 240 full time employees in the delivery of a wide variety of services including Emergency and Fire Services, Recreational Facilities, Building and Engineering Services, Planning Services, Roads Maintenance and By-law and Parking Enforcement. The Municipality's administration centre is located at 40 Temperance Street in Bowmanville with several other operational offices in various Municipal facilities. The Finance Department is responsible for the collection, safekeeping and allocation of property taxes and other revenue, as well as the payment of vendors and suppliers. The Corporate Services Department is responsible for Purchasing, Personnel and Payroll related matters. All municipal departments are responsible for managing their expenditures with Council approved budget allocations. The Municipality has a Chief Administrative Officer who is responsible for overseeing all aspects of Municipal operations. The Municipal Council is comprised of the Mayor, two Regional councilors and four local ward councilors. During 2004, the Municipality implemented the Microsoft Business Solutions - Great Plains financial system supported by Diamond Software. In the financial information system, the modules implemented include General Ledger, Accounts Payable, Purchase Order, Accounts Receivable, Billing and Cash Receipts. The Municipality utilizes Canadian ADP to process the bi-weekly payroll and the tax system used is Vailtech. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 27 of 41 RFP2004-12 SECTION II TERMS OF REFERENCE (continued) 2.3 Background Information - Library Board The Clarington Public Library is made up of 4 branches located in Bowmanville, Courtice, Newcastle and Orono. The main branch in Bowmanville moved to a new facility in May 2003 and experienced an increase in business of approximately 35%. Annual system circulation in 2003 was approximately 536,000, an increase of more than 100,000 in 2002. The main branch serves the entire municipality with the provision of an expanded reference collection and services. All branches serve the communities in which they are located including the rural communities outside of the residential areas where they are placed. Three of the four branches are located in municipal buildings, with the Newcastle branch being located in a leased facility. The current lease is valid until 2008. The Library Board operated in 2004 with a budget of approximately $1,890,000. The Library Board currently has 57 employees on staff made up of 13 full-time, and 44 part-time. Of the 57, 5 are non-affiliated, 39 are members of CUPE and 13 are students. All employees are permanent employees. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 28 0141 RFP2004-12 SECTION II TERMS OF REFERENCE (continued) 2.4 Eligibility Proponents shall meet the following criteria: .. Hold a valid Public Accountants License under the Public Accountancy Act; · Have recent municipal audit experience with large municipalities in Ontario; · Have well developed professional auditing techniques and a sound system of control and review of audit work performed; · Have sufficient resources and support available to address the scope of the audit services required; · Demonstrate a commitment to providing reasonable annual continuity of experienced and qualified personnel; · Demonstrate comprehensive knowledge of municipal financial reporting requirements; · Demonstrate an understanding of legislation relevant to the municipal environment including legislation governing the Municipal Corporation; · Demonstrate a commitment to meeting all reporting deadlines; and · Have sufficient resources to provide related services if and when required. 2.5 Scope Gommencing with the 2004 fiscal year, the audit shall include the examination of the records and financial statements of the Municipality of Glarington and related boards. In addition, separate audit disclosure is required for Trust Funds. Specifically included will also be all related audit and certification work required by various provincial ministries and departments of the federal government or agency requiring audit opinions or certificates from the external auditors. To summarize, audit services are required for: · Municipality of Glarington including small boards and Museum Board · Glarington Public Library Board . Trust Funds · 3 Business Improvement Areas THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 29 of 41 RFP2004-12 SECTION II TERMS OF REFERENCE (continued) 2.5 Scope (continued) The responsibilities of the external auditors will be limited to the expression of an opinion on the financial statements and will not include accounting work, preparation of financial statements, notes or schedules, or any other non-audit responsibilities. Should these be required, they will . be discussed separately from the formal audit. Additional services (such as sales or other tax advice) to the Municipality of Clarington may be required from time to time; however, this type of work is not part of this proposal. Before August 31st of each year, the auditors shall meet with the appropriate Municipal finance administration staff to discuss and agree upon a schedule of activities which will lead to the completion of the annual audit. The schedule of activities shall be finalized by November 30th and shall set out the key dates by which necessary information is to be assembled by both parties, a list of all the necessary schedules, working papers, analysis and other information relevant to statement preparation. The Municipality of Clarington does not guarantee that the firm awarded the audit services contract will be asked to perform any services for the Municipality beyond the audit services specifically requested in this proposal. 2.6 Requirements .1 Annual Schedule Should a Respondent be unable to meet any dates, they shall note any deviation in their submission document and where possible, provide alternate dates. .2 Qualified Statement The auditors shall immediately upon discovery of information or conditions which would otherwise lead to the inclusion of a qualified opinion with respect to the financial statements, inform and fully THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 30 0141 RFP2004-12 SECTION II TERMS OF REFERENCE (continued) 2.6 Requirements (continued) Qualified Statement (continued) discuss such matters with the appropriate staff. In addition, the auditors, shall as far as possible, allow a reasonable period of time for Municipal staff to make an investigation, analyze, report and take such corrective action as to avoid the inclusion of such qualification. .3 Deliverv of Annual Financial Statements Annual financial statements accompanied by the auditor's reports duly signed by the auditors shall be delivered to the Director of Finance within two months of the completion of field work as detailed in the annual schedule. .4 MeetinQs and Subsequent Assistance The Auditor will attend such meetings as are called to discuss their work and reports and shall provide such information as requested which will enhance the understanding of members of council concerning matters relating to the annual financial statements. .5 Post Audit ManaQement Letter No later than one month following completion of the field work, the auditors shall, if appropriate, prepare and deliver to the Director of Finance, a letter conveying their concerns relative to the internal accounting operating controls and or other matters of importance with respect to operations which may have been discovered in the course of the audit. The auditors shall meet with the Municipal Corporation staff to discuss the contents of the letter and staffs response to the comments. Following agreement as to the factual accuracy of the observations, a revised management letter, if necessary, shall be submitted to the Municipality's Audit Committee. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 31 of41 RFP2004-12 SECTION II TERMS OF REFERENCE (continued) 2.6 Requirements (continued) .6 Confidentialitv The successful auditor shall not at any time before, during or after the completion of the engagement, divulge any confidential information communicated to or acquired by the auditor or disclosed by the Municipality Corporation in the course of carrying out the engagement. No such information shall be used by the auditor without prior written approval. It is expected that the successful firm will be auditors of the Municipal Corporation for a period of five years; however, it is understood that either party may cancel this contract with two months notice. An annual letter of engagement outlining the terms of the audit should be submitted for the review and approval of both parties. .7 Terms of Enqaqement 2.7 Miscellaneous Respondents are advised that these Terms of Reference may be subject to minor modifications. Final Terms of Reference will be given to the Successful Respondent before the audit proceeds. 2.8 Payment All payments will be made in response to invoices itemized in accordance with the final signed contract, provided the invoices are based on work described in the scope of the project and consistent with the negotiated deliverables and work completed to the Municipality of Clarington's satisfaction. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 32 of41 RFP2004-12 SECTION III EVALUATION CRITERIA Proposals will be evaluated on the basis of information provided by the Respondents at the time of submission as well as any additional information provided during subsequent meetings with the Respondent(s). If selected to make an oral presentation to the Selection committee, it is expected that the partner and manager who will be assigned to the audit will make the presentation on behalf of the firm. In recognition of the importance of the procedure by which a Respondent may be selected, the following criteria outlines the primary considerations to be used in the evaluation and consequent awarding of this contract (not in any order): Respondent . Technical experience of the firm in municipal audits; . Experience and qualifications of personnel assigned to the audit; and . References Submission . Statement of understanding of the overall scope of the work; and . Quality of the proposal and its responsiveness to and compliance with the Corporation's requirements and expectations Fees . Fees and hourly rates; and . Any financial terms and conditions identified by the Respondent Other . Presentation to the Audit Selection Committee. After the decision is made . by the Audit Selection Committee, reports will be prepared for Committee and Council consideration. It is expected that the appointment will be approved in December 2004. . Potential conflicts of interest on the part of the Respondent and/or individuals on the project team; and THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 33 of 41 RFP2004-12 SECTION III EVALUATION CRITERIA (continued) Other (continued) . Potential timing conflicts with other on-going or anticipated projects in the Respondent's firm Selection of a proposal will be based on all the above criteria and any other relevant information provided by the Respondent. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 34of41 RFP2004-12 SECTION III EVALUATION CRITERIA - PROCESS & TABLES Part A - Proposed Submission 1. Related Project Experience of Company: . Experience with Municipal Audits 2. Key Personnel: . This item is extremely important to aspects related to the smooth running of the project development; . Focus on the experience of Key Personnel, such as Project Manager and their related experience; . Amount of time Project Manager/Senior Staff will devote to the project (percentage); . Principals of firms - accountability; . Any potential conflict of interest; and . Previous municipal experience 3. Price: . Is price competitive 4. Ability to Complete Project in Accordance with Schedule: . Will current workload affect time required for completion of our project 5. . Completeness of Proposal: . Are all aspects covered; . Have all requested submission been provided; and . Is information easy to understand THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 35 0141 RFP2004-12 SECTION III EVALUATION CRITERIA - PROCESS & TABLES (continued) Part B - Reference Interviews 1. Management Skills: . Consultant's approach and ability to maintain progress throughout project in a timely manner 2. Reference Interviews: . Were references satisfied with the quality of services received; . Was there a good working rapport; and . Has or would the reference retain the services of the auditor for additional work 3. Overall Performance: . Were references satisfied with overall performance of firm and project personnel with assignment Part C - Proponent Interviews (if necessarv) 1. Ability to Communicate: . Clear, concise correspondence will be of utmost importance; . Impression of proposal presentation; and . Compatibility with Municipal staff 2. Team Compatibility: . Did team members compliment each other with the information provided in this proposal or did they appear to be completely separate entities; . Did they demonstrate complimentary skills 3. Overalllmpression/Presentation: .. Were all questions clearly answered THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 36 of 41 RFP2004-12 SECTION III EVALUATION CRITERIA - PROCESS & TABLES (continued) Part C - Proponent Interviews (if necessary) (continued) 4. Ability to Understand the Problem and Identify Practical Solutions: . Did the team members understand the environment; and . Did the team members demonstrate problem-solving skills with respect to short and long term objectives and goals THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 37 of41 RFP2004-12 SECTION III EVALUATION CRITERIA - PROCESS & TABLES (continued) SCHEDULE "0" EVALUATION TABLE 5 Excellent Exceeds the requirements of the criterion in su erlative beneficial wa s/ve desirable. Exceeds the requirements of the criterion but in a manner which is not particularly beneficial to the Munici alit 's needs. Adequately meets most of the requirements of the criterion. May be lacking in some areas which are not critical. Addresses most, but not all, of the requirements of the criterion to the minimum acceptable level. Lackin in critical areas. Does not satisfy the requirements of the criterion in an manner. 3 Good 2 Average 1 Poor o Unsatisfactory This evaluation table is provided to give the evaluation team a basis for scoring the proposals and interviews. Even though evaluations will be done by members who will grade them differently, the main focus for each person doing the rating is to be consistent in scoring all proposals. All proponents will be given this information with the Request for Proposal package. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 38 of 41 RFP2004.12 SECTION III EVALUATION CRITERIA - PROCESS & TABLES (continued) SCHEDULE "0" Consultant Interview/Proposal Rating PART A -PROPOSAL SUBMISSION 1. Previous Ex erience of Com pan 2. Experience of Key Personnel on Team . Senior Staff Involvement . Previous Munici al Ex erience 3. Price 4. Ability to Complete Project in Accordance with Schedule 5. An Potential Conflict of Interest 6. Com leteness of Pro osal 7 8 10 5 PART B - REFERENCE INTERVIEWS 1. Problem Solvin Skills 2. References of ke Personnel 3. Overall Performance 5 5 7 SUBTOTAL 6 3 5 SUBTOTAL PART C - PROPONENT INTERVIEW 1. Abilit to Communicate 2. Attention to Concerns/Questions 3. Overall 1m ression/Presentation 4. Ability to Understand Problems & Identify Practical Solutions 9 8 4 7 SUBTOTAL NOTES: Rating is to be assigned from 0 - 5, with 5 being the highest. Weights have been assigned from 2 - 10, with 10 being the highest, based on staff recommendations as to importance of criteria. It is recommended that committee members take the time to achieve a consensus rather than just ranking and selecting by majority vote in reaching a decision. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 39 of 41 RFP2004-12 SECTION IV SELECTION PROCESS Proposals will be assessed on the basis of information provided by the Respondent(s) at the time of submission as well as any additional information provided during subsequent meetings with the Respondent(s). All proposals are to be submitted on the understanding that the selection of a proposal for discussion by the Municipality shall not thereby result in the formation of a contract nor shall it create any obligation on the Municipality to enter into such discussions. The Municipality believes all the information contained in the Proposal to be correct but shall not accept any liability with respect to it. All proposals shall be submitted by the Respondents on the understanding that the proposals shall become the property of the Municipality and may be made public by the Municipality after appropriate consultation with the Respondent(s) involved. A Selection Committee comprised of representatives from various Departments will evaluate all proposals based on the information provided by the Respondents at the time of submission, as well as any information provided during any subsequent meetings (if any) with the Respondent. Respondents whose proposals have been selected for further evaluation may be required to attend a meeting with the Selection Committee where they will be asked to clarify information provided or otherwise demonstrate their understanding of the requirements of this project. If interviewed, Respondents are encouraged to present any additional information which may be relevant in the evaluation of their proposal. Please note that the Municipality will attempt to meet all dates noted in this proposal but reserve the right to modify any or all dates at its sole discretion. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 40 of 41 RFP2004-12 SECTION V FORM OF PROPOSAL Firms or individuals interested in being considered as the Successful Respondent to provide audit services to the Municipality of Clarington after reviewing the instructions and requirements of the Request for Proposal are to complete this Form of Proposal. Respondents should feel free to provide additional information to be certain that the proposal submission is complete. Please complete the following: COMPANY STREET ADDRESS CITY PROVINCE POSTAL CODE TELEPHONE NO. FACSIMILE NO. PRINT NAME POSITION AUTHORIZED SIGNATURE DATE Signature in the designated space, by an authorized officer of the Respondent's ccmpany affirms acceptance of the Request for Proposal requirements set forth in this document and the associated costs attributed to the business arrangement between the Respondent and the Municipality. COMPANY SEAL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE AUDIT SERVICES PAGE 41 of 41 RFP2004-12 SCHEDULE "E" FAX COVER PAGE QUESTIONS FOR CLARIFICATION RFP 2004-17 FAMILY PHYSICIAN RECRUITMENT SERVICES To LouAnn Birkett, Purchasing Manager The Municipality Of Clarington . Purchasing Office 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 DATE: TIME: FAX NUMBER: (905) 623-3330 From: Company Name: Contact Name: Telephone: Fax: Reference to Section on Page Number of this Proposal. Question: Total Number of Pages including cover ClaJj · Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY RFP2004-12 IIIWllil~!~~~,'n"I!";Jl!l'i!m1lI!~!II!!WII'~II!~I~~lilllllllll11111111~llllllii'iil'~:'i"IIIII"""'" " , 'II ,~, 1iIII'IIIII:III:: I 'j I M (,'7 ,"':,','" I:::lill",' "11'11111 ~Ilillli' I!i!.::',':\~ .. I , ( i' ';:;;~~~lli '1IIrII:III' II,: I' I' I ,iI': I,':' , , "'iJJI:I'i'!~I'j 'IIH~ :',:[I::II'E~Ii'" ,1' ':'1:1"11':"1, '!I::'/,[, "m!,lilliii::,,; ,j 'I.', "<~ ll,,'llll 'I 1,.,1 !.I, ,'ii, I 11111 I' 111'1 'I, ,,11 ,I 111'li!IIIIII~I!lmlilllllilillllii'lilll'i'lilti~:rn{' I ' ,II, ": ' , " ,,,~,'.1 '1, :il1:'IIIIIIII!IIII!~I,IIII!III:I,I~II'I:I:i:I:I:" " , ':1:1/11:1"" ,Im!!ii!;i::\", 1I,I"lii1:1 Collins Barrow PeterborouQh, ON Grant Thornton Markham, ON Deloille & Touche Toronto, ON BOO Dunwoody Lindsay, ON $22,750,,00 $50,000.00 $56,925.00 . (includes $5,000,00 in 2004 to test conversion to new financials) $59,830.00 (includes $13,430.00 start up costs in 2004) J:':JJ Year 2006-2009 3% increase per year Year 2006 - $51,400.00 Year 2007 - $52,700.00 Year 2008 - $53,500.00 Year 2009 - $54,000.00 Year 2006 - $53,100.00 Year 2007 - $53,100.00 Year 2008 - $56,700.00 Year 2009 - $56,700.00 Year 2006 - $47,900.00 Year 2007 - $49,300.00 Year 2008 - $50,800.00 Year 2009 - $52,300.00