manitoba housing negotiated request for …...“affordable housing program” rental means the...

NEGOTIATED REQUEST FOR PROPOSALS FOR MANAGEMENT OF SOCIAL and AFFORDABLE

HOUSING

Grand Valley Place

218 4th Street

Brandon, Manitoba.

NRFP #: HCBD2019-005

Issued By: The Manitoba Housing and Renewal Corporation (“Manitoba Housing”)

Issue Date: May 10, 2019

Submission Deadline: June 28, 2019 4:00 p.m. Central Standard TimeTime

Proposals should be enclosed in a sealed package addressed to:

Manitoba Housing Portfolio Management Branch 600-352 Donald Street Winnipeg, Manitoba R3B 2H8 Attn: NRFP Coordinator

The NRFP #, Submission Deadline, and the Proponent’s name and return address should appear on the face of the package.


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Table of Contents 1.0 INTRODUCTION ................................................................................................... 1

1.1 Background ........................................................................................................ 1 1.2 Definitions .......................................................................................................... 1

2.0 DESCRIPTION OF THE PROJECT ....................................................................... 3 3.0 TERM OF AGREEMENT ........................................................................................ 4 4.0 PROJECT REQUIREMENTS ................................................................................. 4

4.1 Eligible Proponents ............................................................................................ 4 4.2 Description of Services Required ....................................................................... 4

4.2.1 Primary Obligations ......................................................................................... 4 4.2.2 Reporting and Accounting Responsibilities ..................................................... 5 4.2.3 Tenant Selection, Income Limits, and Rent Levels ......................................... 6

5.0 INSTRUCTIONS TO PROPONENTS ................................................................... 7 5.1 Submission Address and Deadline .................................................................... 7 5.2 Proposal Inquiries .............................................................................................. 8 5.3 Addenda ............................................................................................................. 8 5.4 Proposal Format ................................................................................................. 9 5.5 Proposal Content ............................................................................................... 9 5.6 Proposal Conditions ......................................................................................... 11 5.7 Amendment or Withdrawal of Proposal ............................................................ 14

6.0 PROPOSAL EVALUATION AND SELECTION ................................................... 15 6.1 Evaluation Committee ...................................................................................... 15 6.2 Evaluation Process .......................................................................................... 15 6.3 Mandatory Requirements ................................................................................. 15 6.4 Evaluation Criteria ............................................................................................ 16 6.5 Acceptance of Proposal ................................................................................... 19 6.6 Estimated Timetable ........................................................................................ 20

APPENDICES: APPENDIX “A”: APPLICATION and SIGNATURES APPENDIX “B”: PROTECTION OF PERSONAL INFORMATION APPENDIX “C”: CONFLICT OF INTEREST POLICY AND GUIDELINES


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1.0 INTRODUCTION

1.1 Background

Manitoba Housing (legally known as The Manitoba Housing and Renewal Corporation) is seeking Proposals from qualified proponents for the management, operation and administration of a 5 storey apartment complex for seniors in Brandon’s central downtown neighbourhood. The Project is located at 218 4th Street. Brandon, Manitoba. R7A 3G8. It includes at total of 52 units comprised of studio and 1 bedroom apartments. Housing units will be made available to low-moderate income households in accordance with Manitoba Housing’s Social Housing Rental Program and Affordable Housing Rental Program. Management of the Project is will commence on September 20, 2019. Manitoba Housing will remain the registered owner of the Project and is seeking Proposals from those who are willing to partner and act on Manitoba Housing’s behalf for the long-term operations of the Project by way of a Management Agreement. A competitive selection process is being used to ensure that the most appropriate, sound and cost-effective proposal is selected. Further details on the selection process can be found in Section 6 of this NRFP.

1.2 Definitions

For the purpose of this NRFP:

• “Accepted Proponent” means the Proponent whose Proposal provides high value in meeting the Evaluation Criteria and with whom Manitoba Housing successfully negotiates and enters into a Management Agreement.

• “Affordable Housing Rental Program” means the program administered by Manitoba Housing that sets out the maximum monthly rent, inclusive of heat, hydro, and water, that can be charged for a housing unit in the Project to a tenant household where total household income is at or below the applicable Affordable Housing Rental Program Income Limit as set out in Section 4.2.3 Table 2 of this NRFP, with such rents being at or below those set out in Section 4.2.3 Table 3 of this NRFP.

• “Affordable Rents” mean the maximum monthly rent, inclusive of heat, hydro,

and water, set annually by Manitoba Housing, that can be charged as part of the Project to a tenant household, with such rents being at or below those set out in Section 4.2.3 Table 3 of the NRFP.


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• “Evaluation Committee” means the group of individuals brought together by Manitoba Housing for the purpose of assessing how well the Proposals meet the Evaluation Criteria.

• “Evaluation Criteria” means those criteria against which Proposals will be

assessed to determine how well they meet Manitoba Housing’s requirements.

• “Fiscal Year” means the twelve (12) calendar months from the first day of April to the thirty-first day of March of the immediately following year.

• “Mandatory Requirements” means the minimum elements that a Proposal must contain in order to receive further consideration, as set out in Section 6.3.

• “Project” means the building on the land located at 218 4th Street. Brandon,

Manitoba. R7A 3G8.

• “Property Manager (Manager)” means the Accepted Proponent that enters into a Management Agreement with Manitoba Housing for the purpose of managing, operating, and administering the Project.

• “Property Management Agreement” means the contract to be entered into

between an Accepted Proponent and Manitoba Housing setting out the terms and conditions under which the Project will be managed, operated and administered.

• “Proponent” means each corporation that submits a Proposal to Manitoba

Housing in response to this NRFP.

• “Proposal” means a written submission by a Proponent in response to this NRFP, which includes all of the documentation necessary to satisfy the submission requirements of the NRFP.

• “Request for Proposals or NRFP” means this Request for Proposals package in

its entirety, inclusive of all schedules and appendices and all addenda that may be issued by Manitoba Housing in respect of the NRFP.

• “Site” means the land located at 218 4th Street. Brandon, Manitoba. R7A 3G8.

• “Shall” and “Must” denote a requirement that Manitoba Housing regards as

mandatory. If a Proposal does not contain or comply with a Mandatory Requirement, the Proposal will be rejected and not evaluated further.

• “Social Housing Rental Program” means the program administered by Manitoba

Housing that sets out the maximum monthly rent that can be charged for a housing unit in the Project to a tenant household where total household income is at or below the applicable Social Housing Rental Program Income Limit as set out in Section 4.2.3 Table 1 of this NRFP, with such rents based on an affordable percentage of the household’s total gross income.


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• “Sponsor Manager” means the Accepted Proponent that enters into a Sponsor Management Agreement with Manitoba Housing for the purpose of managing, operating, and administering the Project.

• “Sponsor Management Agreement” means the contract to be entered into between an Accepted Proponent and Manitoba Housing setting out the terms and conditions under which the Project will be managed, operated and administered.

• "Submission Deadline" means the date and time set out on the title page of this

NRFP or any amendment to that date and time made by Manitoba Housing by way of addendum to that date and time.

• “Will” or “Should” denote a requirement that Manitoba Housing regards as an

important objective. Failure of a Proponent to acknowledge the requirement and affirm its ability to meet the requirement will result in a reduced rating in the evaluation of the Proposal.

2.0 DESCRIPTION OF THE PROJECT Grand Valley Place is located in Brandon’s Central Downtown neighbourhood. The Project is an 18,000 square foot, five-storey seniors apartment building.

Unit count: Studio = 41

1 bed = 10 2 bed = 1 Total = 52

Heating: Electric Security: no cameras in this building Swipe card entry system purchased, ready to be installed

Elevators: 1 elevator that services 5 floors (refreshed 2 years ago)

Laundry Rooms: on the 1st, 3rd and 5th floors

Exits: 3 exits on the main floor

2 exits on each floor

Common Area: TV Computer Bingo machine Vending Machines – Chips and pop Public Washroom

Exterior: Brick PVC window


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10 Parking stalls 2 benches in front

Maintenance: Contract Caretaker

Residential leases: Includes – fridge, stove, heat, hydro, water, sewer Excludes – parking, cable, telephone Commercial Leases: none

Available to tenants:Computer (no internet) TV (no cable) SSGL in the building (Senior Support for Group Living) Bus station across the street Meals on Wheels in the community Smoking permitted in suites

3.0 TERM OF AGREEMENT

The term of the Management Agreement is five (5) years and may be renewed, at Manitoba Housing’s discretion, at the end of each five (5) year term to a maximum of 25 years.

4.0 PROJECT REQUIREMENTS

4.1 Eligible Proponents

Eligible Proponents must be valid and existing corporations in good standing, duly incorporated, and registered as corporations with the Manitoba Companies Office. Eligible Proponents must demonstrate the capacity to manage the minimum portfolio size required. The minimum determined for specific regions are as follows:

• Winnipeg 100 units • Brandon 50 units

Proponents who do not manage the minimum portfolio size may submit their proposal to include a partnership or similar arrangement with an accredited property management entity with the required capacity.

4.2 Description of Services Required

4.2.1 Primary Obligations The primary obligations of the Manager include, but are not limited to:

• Renting housing units of the Project to eligible households in accordance with the Affordable Housing Rental Program and Social Housing Rental Program.


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• Managing, operating, and administering the Project in accordance with the Management Agreement, the Affordable Housing Rental Program and Social Housing Rental Program, good business practices, applicable laws and regulations and any reasonable requirements which may be stipulated by Manitoba Housing.

• Managing, operating and administering the Project within the provisions of the operating budget as provided by Manitoba Housing.

• Maintaining the Project in a state of repair satisfactory to Manitoba Housing.

• Maintaining and preserving all accounting records, financial documents and other records relating to the Project in a form satisfactory to Manitoba Housing.

• Maintaining and safeguarding privacy and confidentiality of all personal information including tenant and other information in full compliance with The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act and, without limiting the generality of the foregoing, comply with Appendix “B” of this NRFP.

• Promptly providing to Manitoba Housing any records or other information, physical, electronic or in any other form or medium, that are in the direct or indirect possession or control of the Manager, upon being advised by Manitoba Housing that Manitoba Housing requires said records or other information for such purpose as MHRC deems necessary, including without limitation, the purpose of processing an access and privacy request under the Freedom of Information and Protection of Privacy Act and the Personal Health Information Act.

The Accepted Proponent may elect to engage a third-party professional and accredited property management firm to manage the day-to-day operation of the Project. 4.2.2 Reporting and Accounting Responsibilities

The Manager will have a number of reporting responsibilities including, but not limited to the following:

• Project operating budget – will be provided by Manitoba Housing prior to the beginning of each fiscal year.

• Annual audited financial statements – must be prepared by an independent accredited auditor and submitted to Manitoba Housing within forty-five days after the end of each fiscal year.


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• Quarterly reporting – Revenue and expense statements; variance reports projecting revenues and expenses for the Project to the end of the fiscal year; the number of vacant dwelling units; the number of households on the waiting list for dwelling units; and the rental arrears.

4.2.3 Tenant Selection, Income Limits, and Rent Levels The Manager must ensure a fair tenant selection process and will be responsible for leasing the housing units in the Project to eligible households in accordance with the Social Housing Rental Program and Affordable Housing Rental Program. The Manager will be responsible for locating eligible tenants and allocating housing units in the Project to those in greatest need as determined by a point rating system approved by Manitoba Housing. The Manager will be responsible for verifying the income of a prospective tenant to determine program eligibility. Only households that qualify under the Social Housing Rental Program or Affordable Housing Rental Program are eligible for tenancy in the Project. Social Housing Rental Program: The Social Housing Rental Program provides long-term housing for low-income households whose total household income is below the Social Housing Program Income Limits as set annually by Manitoba Housing. The 2019 the Social Housing Program Income Limits are indicated in Table 1: Table 1: 2019 Social Housing Rental Program Income Limits Community Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 +Bedroom

Winnipeg $27,000 $38,500 $48,000 $50,500 $57,500 Dauphin $21,000 $25,500 $33,000 $44,000 $49,500

Swan River $18,500 $25,000 $32,500 $39,500 $44,500 Flin Flon $18,500 $26,000 $36,500 $44,000 $49,500

Social housing rent is based on an affordable percentage of the household’s total gross income. This is also referred to as rent geared-to-income (RGI). If the tenant receives Employment and Income Assistance (EIA), then they will pay the shelter portion of the EIA. If the tenant is working and qualifies under the Social Housing Program Income Limits, then the rental rate is 30% of gross income. Affordable Housing Rental Program: The Affordable Housing Rental Program is for lower-moderate income households whose total household income is above the Social Housing Rental Program Income Limits as indicated in Table 1 but whose total household income is at or below the Affordable


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Housing Rental Program Income Limits set annually by Manitoba Housing. The 2019 the Affordable Housing Rental Program Income Limits are indicated in Table 2: Table 2: 2019 Affordable Housing Rental Program Income Limits Household without children $56,694 Family household (families with children or dependants) $75,592

Affordable Rents refer to the maximum monthly rent, inclusive of heat, gas, and water, for a designated market area and unit type, as set annually by Manitoba Housing. The 2019 Affordable Rents are indicated in Table 3. Table 3: 2019 Affordable Housing Rental Program Rents - Heat, gas and water included Community Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 +Bedroom

Winnipeg $669 $964 $1,204 $1,267 $1,440 Dauphin $529 $642 $819 $1,097 $1,240

Swan River $466 $631 $807 $985 $1,114 Flin Flon $468 $647 $911 $1,097 $1,240

Housing units must be rented to eligible households in accordance with the National Occupancy Standards except as otherwise required by law.. Program Income Limits and program rents are updated annually by Manitoba Housing and are effective January 1 of each year.

5.0 INSTRUCTIONS TO PROPONENTS

5.1 Submission Address and Deadline

Proponents must submit one (1) hard copy and one (1) electronic copy (a PDF document on USB flash drive) of their Proposal, in a sealed package clearly and legibly identified on the outside and delivered to:

Manitoba Housing Portfolio Management Branch 600 -352 Donald Street Winnipeg, Manitoba R3B 2H8 Attn: NRFP Coordinator

The package should identify the NRFP number, the submission Deadline, and the Proponent’s name and return address on the face of the package. Proposals submitted by facsimile transmission (fax) or electronic mail (e-mail) will not be accepted.


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The Submission Deadline is as set out on the title page to this NRFP. Manitoba Housing may extend the Submission Deadline by issuing an addendum at any time before the Submission Deadline or before the date and time previously specified in any addendum extending the Submission Deadline.

Proposals received after the Submission Deadline will not be accepted and will be returned to the Proponent unopened.

The appropriate signing officer or officers of the Proponent must sign Proposals, in ink. All Proposals will be kept in the strictest of confidence subject to such disclosure as may be required under the provisions of The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act or as otherwise required by law.

It is solely the Proponent’s responsibility to ensure that the Proposal is received at the designated location prior to the Submission Deadline.

5.2 Proposal Inquiries

Proponents shall be solely responsible for obtaining all information that may be necessary in order to understand the requirements of this NRFP and submit a Proposal in accordance with the terms and conditions of this NRFP. No allowance shall be made for the failure of a Proponent to obtain such information or to make such investigations. Proponents shall examine the NRFP as soon as possible after receipt. If a Proponent discovers any errors or omissions, the Proponent shall notify the NRFP Coordinator as soon as possible so further instructions may be issued to all Proponents before the Submission Deadline. All inquiries related to this NRFP are to be received, in writing, at least five (5) business days prior to the Submission Deadline as set out on the title page to this NRFP. Inquiries received after this date may not be answered. Written inquiries are to be directed to:

Manitoba Housing Portfolio Management Branch 600 -352 Donald Street Winnipeg, Manitoba R3B 2H8 Attn: NRFP Coordinator

5.3 Addenda

Manitoba Housing may, at any time before the Submission Deadline, issue addenda correcting errors, discrepancies, or omissions in the NRFP or clarifying the meaning or intent of any provision therein. Addenda will be posted on Manitoba Housing’s website at https://www.gov.mb.ca/housing/progs/nrfp-management.html. It is the responsibility of potential Proponents to check Manitoba Housing’s website for any addenda. The Proponent shall acknowledge receipt of addenda on the Application Form (Appendix “A”). Failure to acknowledge receipt of addendum may render a Proposal non-compliant.

https://www.gov.mb.ca/housing/progs/nrfp-management.html


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5.4 Proposal Format

Proponents should submit their Proposal, setting out the information requested in Section 5.5 of this NRFP and any relevant comments, according to, and in the order of, the various sections, subsections, and clauses presented in this NRFP. Simplicity and clarity of responses are important. Proponents should avoid including extraneous or irrelevant information. Failure to respond to any section, subsection or clause will reduce the assessed value of the Proposal. Failure to respond to any of the Mandatory Requirements will result in the rejection of the Proposal.

5.5 Proposal Content

To be considered for selection, Proponents must be able to meet the Proposal conditions listed in this NRFP and clearly provide the following information: A. Letter of Introduction A letter introducing the Proponent and signed by the persons authorized to sign on behalf of and to bind the Proponent to the statements made in response to this NRFP. The letter should contain the same signatures as on the Application Form, which is found attached to this document as Appendix “A”. B. (i) Proponent Qualifications Information about the Proponent, including:

• An organizational profile that includes the Proponent’s origins and history, as well as the Proponent’s experience and accomplishments in relation to the management of multi-unit social or affordable rental housing for families.

• The Proponent’s mandate and services provided to clients. • The Proponent’s human resources (numbers, types, and depth of housing

management related experience). • A listing of projects that are currently being managed by the Proponent. • An outline that demonstrates how the Proponent has the organizational capacity,

and relevant housing management and operations experience/expertise to manage the Project according to the requirements listed in this NRFP.

• A copy of the organization’s Articles of Incorporation, including any amendments and/or relevant corporate by-laws.

• The Proponent must also identify at least one (1), to a maximum of three (3) individual(s) external to the Proponent who may be contacted by Manitoba Housing for information on the Proponent’s performance related to the management of multi-unit residential rental housing. The following information must be provided for each reference:

o name of primary contact and position o telephone number for primary contact and entity o e-mail address for primary contact

In addition to contacting the references for the purpose of checking the Proponent’s record of past performance, Manitoba Housing, at its discretion,


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reserves the right to check the Proponent’s record of past performance with any other sources identified by Manitoba Housing without prior notice to the Proponent. If the references or other sources provide information that overall discloses a material discrepancy between what the Proponent has indicated and what the references indicate, Manitoba Housing may disqualify the Proponent.

(ii) Property Management Firm Qualifications (if applicable)

If the Proponent is proposing to engage a third-party professional property management firm for the day-to-day operations of the Project, please provide the following information:

• The name of the professional property management firm and key personnel. • A profile of the firm including its origins and history. • An outline that demonstrates how the property management firm has the capacity,

and relevant housing management and operations experience/expertise to manage the property according to the requirements listed in this NRFP.

• Documentation describing the proposed contractual relationship between the Proponent and the property management firm.

• A listing of relevant housing projects that are currently being managed by the firm. • The proposal must also identify at least one individual who may be contacted by

Manitoba Housing for information on the property management firm`s performance on at least one of the housing projects currently being managed by the firm. The following information must be provided for each reference:

o name of primary contact and position o telephone number for primary contact and entity o e-mail address for primary contact

In addition to contacting the references for the purpose of checking the property management firm`s record of past performance related to the management of multi-unit residential rental housing. Manitoba Housing, at its discretion, reserves the right to check the proposed property management firm`s record of past performance with any other sources identified by Manitoba Housing without prior notice to the Proponent. If the references or other sources provide information that overall discloses a material discrepancy between what the Proponent has indicated and what the references indicate, Manitoba Housing may disqualify the Proponent.

C. Management Plan Provide a property management plan. At minimum, this plan should include the following key elements:

• Governance structure relating to the project. • An overview of anticipated staffing levels and the roles and responsibilities of those

involved in the property management function. • Responsibility for all capital expenditures will remain with Manitoba Housing. Every

Proponent is encouraged to demonstrate experience with the identification of items that are capital by definition and knowing when to communicate those capital items requiring immediate attention.

• A brief description of how the Project may integrate into the Proponent’s existing


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operations. Responses should demonstrate the Proponent’s understanding of the scope of work including reporting and requirements outlined in the NRFP, specifically with the Provincial Rental Housing Programs. D. Management Staffing

• The annual operating budget is provided by Manitoba Housing and the Proponent is expected to operate within the spending limits identified. The Proponent must provide on a per unit basis the annual cost of the anticipated staffing levels identified in the management plan.

E. Community Linkage Proponents should explain their connection with the community or neighbourhood within which the project is situated. This may include any local community development initiatives, housing related services, and/or other program or service delivery. Other forms of community support may be demonstrated in this section such as practical initiatives that foster social inclusion and/or enhance the well being of tenants.

5.6 Proposal Conditions

A Proponent should clearly understand, and by submitting a Proposal agrees, that the Proposal or any part of its Proposal is subject to the following conditions, in addition to any other terms and conditions set out in this NRFP: A. Disqualification

No Proposal will be considered which is received after the Submission Deadline. No Proposal will be considered from a Proponent where the Manitoba Housing determines that a potential conflict of interest exists. Conflict of Interest Policy and Guidelines can be found in Appendix “D” of this NRFP. No Proposal will be considered that is in any way conditional or that proposes to impose conditions on Manitoba Housing that are inconsistent with the requirements of this NRFP and the terms and conditions stipulated herein.

B. Right of Rejection The submission of a Proposal, the receipt of a Proposal by Manitoba Housing and the opening of a Proposal, or any one of those, does not constitute acceptance, in any way whatsoever, of a Proposal. A Proposal is not and shall not be deemed in any way to be a unilateral contract. It is an offer by the Proponent to Manitoba Housing to carry out the provisions set out in this NRFP. A Proposal may be accepted or rejected at the discretion of Manitoba Housing.


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A Proposal, or any part of a Proposal, is not accepted unless Manitoba Housing accepts it in writing and the written acceptance has been delivered to the Accepted Proponent. Manitoba Housing reserves the right to waive deficiencies in any Proposal. The decision as to whether a deficiency will be waived or will require that a Proposal be rejected will be made by at the discretion of Manitoba Housing. Manitoba Housing may reject or accept all or any part of a Proposal or any of the Proposals submitted in response to this NRFP. Manitoba Housing is under no obligation whatsoever to accept the Proposal with the lowest cost or any Proposal.

C. Right to Re-issue NRFP

Manitoba Housing reserves the right to re-issue the NRFP where, in the opinion of Manitoba Housing, it would be in the best interest of Manitoba Housing to do so.

D. Cost of Proposal

Manitoba Housing is not liable for any costs incurred by Proponents in the preparation, presentation, or submission of a response to this NRFP. Manitoba Housing shall not be responsible for any liabilities, costs, expenses, loss or damage occurred, sustained or suffered by any Proponent, prior to or subsequent to, or by reason of any delay in the acceptance of a Proposal.

E. No Contract A and No Claims

This NRFP process is not intended to create and shall not create a formal, legally binding bidding process and shall instead be governed by the law applicable to direct commercial negotiations. For greater certainty and without limitation:

(a) this NRFP shall not give rise to any Contract A–based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and

(b) neither the Proponent nor Manitoba Housing shall have the right to make any claims (in contract, tort, or otherwise) against the other with respect to the outcome of the NRFP process, including any decision by Manitoba Housing to enter into a Management Agreement with a Proponent, any decision by Manitoba Housing not to enter into an Management Agreement with a Proponent or a decision by a Proponent to withdraw its Proposal.

F. No Contract until Execution of Written Agreement

This NRFP process is intended to identify prospective service providers for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service shall be created between the Proponent and Manitoba Housing by this NRFP process until the successful


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negotiation and signing of a written Management Agreement for the acquisition of the services.

G. Non-binding Price Estimates

While the pricing information provided in Proposals will be non-binding prior to the signing of a written Agreement, such information will be assessed during the evaluation of the Proposals and the ranking of the Proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation or ranking or the decision of Manitoba Housing to enter into a Management Agreement for the services.

H. Cancellation of NRFP

Manitoba Housing may cancel this NRFP at any time, with no liability whatsoever to any Proponent.

I. Interpretation and Governing Law

These NRFP Terms and Conditions:

(i) are intended to be interpreted broadly and independently (with no particular provision intended to limit the scope of any other provision);

(ii) are non-exhaustive and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and

(iii) are to be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada as applicable.

J. Decisions of Evaluation Committee

All decisions on the degree to which a Proposal meets the stated criteria or the score assigned to a Proponent or to part of a Proposal will be determined solely by the Evaluation Committee. The Evaluation Committee’s determinations in this regard are final and may not be appealed by a Proponent.

K. Project Partnerships

Project partnership responses will be accepted with the understanding that Manitoba Housing will regard only one of the parties of the partnership as the Proponent. Proposals must clearly indicate which party is the Proponent. The Proponent will be completely responsible for all additional parties.

L. Insurance Requirements


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Prior to execution of a Management Agreement to the Accepted Proponent, the Accepted Proponent will be required to provide a Certificate of Insurance as evidence for the following required coverage: (i) Commercial general liability insurance, with a minimum limit of coverage of

five million ($5,000,000.00) dollars per occurrence, covering the services provided by the Sponsor Manager, its officers, employees or agents. Such insurance shall be underwritten by insurers licensed to write the coverage in Manitoba and shall name The Manitoba Housing and Renewal Corporation (MHRC) as an additional insured with respect to the Management Agreement; and

(ii) Comprehensive dishonesty, disappearance and destruction coverage

(Crime Insurance) including employee dishonesty coverage subject to the minimum limits of one hundred thousand ($100,000.) dollars per occurrence. This insurance shall represent MHRC’s interest with a “third party” endorsement.

The Certificate shall provide for a minimum of thirty (30) days prior written notice to MHRC in the event of insurance policy cancellation. Further details on insurance requirements can be found in the template Management Agreement. The template Management Agreement is available from Manitoba Housing upon request.

M. Right to Negotiate

Manitoba Housing may enter into the negotiation process described in Section 6.5 below.There will be no legally binding relationship created with any Proponent prior to the signing of the Management Agreement, and the performance of the Services will not commence until the Agreement is fully signed by both the Proponent and Manitoba Housing.

5.7 Amendment or Withdrawal of Proposal

Proponents may amend Proposals submitted in response to this NRFP prior to the Submission Deadline by submitting an amendment clearly identifying the change or by submitting a new Proposal that clearly indicates that it is to replace the Proposal previously submitted by the Proponent. Amendments submitted after the Submission Deadline will not be considered by the Evaluation Committee. It will be solely the responsibility of the Proponent that submits an amendment to ensure that the amendment is received prior to the Submission Deadline. All amendments or requests to withdraw a submitted Proposal shall be in writing submitted to Manitoba Housing at the address set out in Section 5.1 of this NRFP. All


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such amendments or requests shall be submitted on the Proponent’s letterhead and shall be signed by the persons authorized to sign on behalf of and to bind the Proponent. 6.0 PROPOSAL EVALUATION AND SELECTION

6.1 Evaluation Committee

The Evaluation Committee will be made up of representatives from Manitoba Housing. The Evaluation Committee will be responsible for evaluating the Proposals received in response to this NRFP and recommending the Proposal in which Manitoba Housing wishes to proceed with a conditional acceptance letter with the intent to enter into a Management Agreement for the long-term operation of the Project.

6.2 Evaluation Process

The NRFP evaluation process is a selection procedure. It will be finalized through completion of the following stages:

1) Proponents to submit Proposals to Manitoba Housing in response to this NRFP.

2) The Evaluation Committee will screen each Proposal to ensure that the Proposals meet all the Mandatory Requirements of this NRFP. Proponents of Proposals that fail to meet all of the Mandatory Requirements will be notified by Manitoba Housing and will be given three (3) business days to rectify the noted deficiencies. Failure of the Proponent to satisfy the identified deficiencies within three business days will result in Proposal rejection.

3) Proposals that meet the Mandatory Requirements of this NRFP will be evaluated

and ranked by the Evaluation Committee in accordance to the criteria identified in Section 6.4, to determine which Proposal is the most responsive to the requirements detailed in this NRFP and provide the best overall value to Manitoba Housing.

If necessary, Manitoba Housing may, at its sole discretion, conduct interviews with Proponents.

6.3 Mandatory Requirements

Proposals received by the Submission Deadline will be assessed to determine which fulfil the mandatory submission requirements. Proposals received after the Submission Deadline will not be accepted and will be returned to the Proponent unopened. The mandatory submission requirements are as follows: Submission of one (1) hard copy and one (1) electronic copy (USB) of the Proposal.


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The Proponent must be a valid and existing corporation, duly incorporated and in good standing, and validly registered as a corporation at the Manitoba Companies Office and not be restricted by its Articles or By-Laws from delivering the services contemplated by this NRFP.

At least (1) one representative from each Proponent must attend the scheduled site meeting for the building they are applying for. Scheduled site meeting for each building will be posted on the Manitoba Housing website.

The submission must include the applicant organization’s Articles of Incorporation including any amendments and/or relevant corporate by-laws,

The submission must include at least one reference related to the Proponent`s performance in the management of multi-unit rental housing as instructed in Section 5.5 (B) (i).

If applicable, the submission must include at least one reference related to the proposed property management firm’s performance in the management of multi-unit rental housing as instructed in Section 5.5 (B) (ii).

The Proposal must include the per unit cost for annual staffing levels.

The submission must include a completed Application Form (Appendix “A”) that is signed by an appropriate signing authority.

If a Proposal fails to satisfy any of the Mandatory Requirements, Manitoba Housing will issue a rectification notice to the Proponent. The rectification notice will identify the deficiencies and provide the Proponent with a period of three (3) business days (the “Rectification Period”) to rectify the identified deficiencies. If the Proponent fails to satisfy these Mandatory Requirements within the Rectification Period, its Proposal will be excluded from further consideration.

6.4 Evaluation Criteria

Proposals that meet the Mandatory Requirements of this NRFP will be evaluated on the basis of the Evaluation Criteria outlined below. The Evaluation Criteria is the leading tool for evaluation, but is not the sole criterion for a decision. Proponents are advised to carefully review the Evaluation Criteria prior to preparing their Proposals in response to this NRFP. Category Points 1. PROPONENT QUALIFICATIONS

a) Applicant Experience /20 b) Proponent Capacity /20

Total points for Proponent Qualifications /40 2. PROPERTY MANAGEMENT

a) Management Plan /25 b) Management Staffing /15

Total points for Management Plan /40 3. COMMUNITY LINKAGE /20


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Grand Total /100 Proposals will be scored using a point ranking system based on criteria above. Proponents should note the following:

1. Proponent Qualifications a) Applicant Experience: Proposals will be evaluated on the applicant organization’s demonstrated experience with managing multi-unit housing, particularly as it relates to rental housing for low-income families within parameters of the Provincial Rental Housing Programs. Proponents will show they currently manage a minimum number of units (determined by region) to qualify. Consideration will be given to proposals that link less expertise and knowledge with property management with partners and/or professional property management firms. (If applicable, the linked firm will be scored for this criteria) b) Proponent Capacity: The proponent must articulate their responsibility for oversight of the property management function. Proponent must demonstrate the ability to collect and manage the rental accounts and personal information of all tenants. This includes capacity for electronic and direct deposit payments.

2. Property Management a) Management Plan: Proposals will be evaluated on the level of comprehensiveness and overall quality of the proposed management plan. Scoring consideration will also be placed on the Proponent`s demonstrated understanding of the scope of work outlined in the NRFP for the Provincial Rental Housing Program requirements, including primary obligations and reporting. b) Management Staffing: The proposed management staffing for the project will be evaluated relative to industry benchmarks for the services required, specifically for staffing compliment to administer the Provincial Rental Housing Programs. The evaluation will also consider proposed services that are included in the management plan that go beyond the basic requirements of the NRFP. The staffing levels required to administer the property management plan should be clearly defined. Proponents should clearly describe the benefits, practicality, and sustainability of such initiatives proposed. Maximum points will be awarded to Proponents that include a well developed and practical approach to incorporating additional service into the Project.

3. Community Linkage Proposals will be evaluated on the Proponent’s demonstrated connection with the community and other Non-Profit Housing stakeholders. Scoring preference will be given to Proponents who can demonstrate a strong community relationship through such means as local community development initiatives, housing related services, and/or other


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program or service delivery. This includes practical initiatives that will enhance the well being of the tenants. Consideration will also be given to other forms of demonstrated community support. Past Performance Following the evaluation of Proposals, Manitoba Housing will contact the references provided by the top-ranked Proponent and may consult staff of a department, branch or division of the Government of Manitoba; a Manitoba Crown corporation or agency; or an academic institution, health authority or other entity providing education, health or social services funded by Manitoba; who have had dealings with the Proponent or proposed consultants, sub-consultants, contractors and subcontractors. Manitoba Housing may determine, in its sole and absolute discretion, a Proponent’s record of past performance is unsatisfactory based on any of the following factors:

(a) a Proponent or proposed consultant, sub-consultant, contractor or subcontractor

is debarred from participating in the public procurement process of any of the following:

(i) a department, branch or division of Manitoba; (ii) a Manitoba Crown Corporation or agency, or (iii) an academic institution, health authority or other entity providing

education, health or social services funded by Manitoba.

(b) a Proponent’s performance of a project or agreement for which a reference was checked by Manitoba was unacceptable, deficient, improper, incomplete or late according to such reference.

(c) a Proponent or proposed consultant, sub-consultant, contractor or subcontractor is a party to a legal proceeding that discloses or concerns improper, incomplete or negligent implementation of a project or part of a project or failure to comply with any term or condition of the agreement governing the project, and such legal proceeding has been initiated by any of the following:

(i) a department, branch or division of Manitoba; (ii) a Manitoba Crown Corporation or agency; or (iii) an academic institution, health authority or other entity providing

education, health or social services funded by Manitoba.

(d) a Proponent or proposed consultant, sub-consultant, contractor or subcontractor has initiated a legal proceeding against any entity listed in clauses (c) (i), (c) (ii) or (c) (iii) above, and Manitoba Housing is of the opinion that its existence is likely to adversely affect working relationships on the Project or under the Sponsor Management Agreement.

If Manitoba Housing determines a record of past performance is unsatisfactory, Manitoba Housing may, in its absolute discretion, disqualify the Proponent and reject its Proposal.


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If a Proponent is disqualified on the basis of past performance, Manitoba Housing may proceed to assess the past performance of the next best-ranked Proponent. Clarifications As part of the evaluation process, the Evaluation Committee may make requests for further information with respect to the content of any Proposal in order to clarify the understanding of the Proponent’s response. The clarification process shall not be used to obtain required information that was not submitted by the submission deadline, provide new information or to promote the Proponent’s submission. The Evaluation Committee may request this further information from one or more Proponents and not from others. Clarification requests may have a response time that must be met by the Proponent.

6.5 Negotiation of Agreement

Upon the completion of the evaluation of Proposals, Manitoba Housing may invite the top-ranked Proponent, as determined through the evaluation process, to enter into negotiations to finalize the Management Agreement. Negotiations may include requests by Manitoba Housing for supplementary information from the Proponent to verify, clarify or supplement the information provided in its Proposal or to confirm the conclusions reached in the evaluation, and may include requests by Manitoba Housing for improved pricing or performance terms from the Proponent. Negotiation shall be in relation to the unique aspect, specific to the project; and are not intended to modify the general terms of Manitoba Housing’s current Management Agreement Template. Manitoba Housing intends to conclude negotiations with the top-ranked Proponent within a period of 15 working days commencing from the issuance of the invitation to enter negotiations. If the parties cannot conclude negotiations and finalize the Agreement within that time period, Manitoba Housing may discontinue negotiations with the top-ranked Proponent and invite the next best-ranked Proponent to enter into negotiations. This process shall continue until:

(i) an Agreement is successfully negotiated and finalized; (ii) there are no more eligible Proponents remaining; or (iii) Manitoba Housing elects to cancel the NRFP process.

If Manitoba Housing and a Proponent successfully negotiate the Agreement, Manitoba Housing will prepare the finalized Management Agreement for signing by both parties.

There will be no legally binding relationship created with any Proponent prior to the signing of the Management Agreement, and the performance of the Services will not commence until the Agreement is fully signed by both the Proponent and Manitoba Housing.


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The Accepted Proponent will have a specified amount of time to fully execute the Management Agreement, after which Manitoba Housing may cancel the Management Agreement if not executed by the deadline and may engage in negotiations with another Proponent or reconsider other Proponents’ submissions or cancel and re-issue this NRFP, or any combination thereof.

Subject to the requirements of The Freedom of Information and Protection of Privacy Act (Manitoba), no scores will be released to any party, other than the Proponent’s own score being released to the Proponent, upon request.

Manitoba Housing reserves the right to not accept any Proposal. Proponents will be notified in writing should their Proposal not be accepted.

6.6 Estimated Timetable

Proposals submitted under this NRFP proceed through an application and review process as outlined below. The following dates are targets only and are subject to revision.

Milestone Projected Date Release of Negotiated Request for Proposals (NRFP) May 10, 2019 Last day for Proponents to submit inquiries June 21, 2019 Submission Deadline for Proposals June 28, 2019 NRFP Decision Notice Letters July 26, 2019 Expected Completion of Transfer September 20, 2019


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APPENDIX "A": APPLICATION FORM

PROPONENT INFORMATION

Legal Name of Organization:

Contact Person Name: Title:

Phone Number: Alternate Phone Number:

Email Address:

Mailing Address Apt. Street Number Street Name PO Box

Municipality Province Postal Code

Corporation Type:

Private Non-Profit Cooperative Other (specify):

Corporate Status:

Incorporated (attach articles) Date:

GST Registration Number:

DECLARATION

I/We have carefully examined the Negotiated Request for Proposal (NRFP) documents and have a clear and comprehensive knowledge of the requirements under the NRFP. By this submission, I/we agree and consent to the terms, conditions and provisions of the NRFP.

I/we hereby confirm that the proposal submission contains all information necessary to address the requirements and eligibility of this NRFP.

The information in this Proposal as well as any attachments are to the best of knowledge, accurate statements of fact.

I/We hereby acknowledge receipt of all addenda issued via Manitoba Housing's website at


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(LINK)AUTHORIZED SIGNING AUTHORITY

(Party or Parties who will represent the Proponent in all contractual matters requiring a signature and have the authority to bind the Proponent)

Name (print) Name (print)

Position Position

Signature Signature

Date Date

Address Address


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Telephone Number Telephone Number

Name of Witness Name of Witness

Signature of Witness Signature of Witness

APPENDIX “B”

TO A MANAGEMENT AGREEMENT

MADE BETWEEN

THE MANITOBA HOUSING AND RENEWAL CORPORATION

AND

<<INSERT PROPONENT NAME>>

DATED THE 1ST DAY OF **********, 20**.

PROTECTION OF PERSONAL INFORMATION

Definition of personal information


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1.01 In this Schedule and in this Agreement, “personal information” has the meaning given to that term in The Freedom of Information and Protection of Privacy Act of Manitoba (C.C.S.M. c. F175), and includes:

(a) personal information about an identifiable individual which is recorded in any manner, form or medium; and

(b) personal health information about an identifiable individual as defined in The Personal Health Information Act of Manitoba (C.C. S.M. c. P33.5).

These Statutory definitions are attached at the end of this Schedule.

1.02 The requirements and obligations in this Schedule:

(a) apply to all personal information received, collected or otherwise acquired by the Manager in the course of carrying out its obligations under this Agreement, in whatever manner, form or medium;

(b) apply whether the personal information was received, collected or acquired before or after the commencement of this Agreement; and

(c) continue to apply after the termination or expiration of this Agreement.

Collection of personal information by The Property Manager

1.03 The Manager recognizes that, in the course of carrying out its obligations under this Agreement, the Manager may receive personal information from MHRC and may collect, acquire, be given access to and many otherwise come into possession of personal information about individuals.

1. 04 Where the Manager receives, collects, acquires, is given access to or otherwise comes into possession of personal information, the Manager shall collect only as much personal information about an individual as is reasonably necessary to carry out the Manager’s obligations under this Agreement.

1.05 Where the Manager collects or acquires personal information directly from the individual it is about, the Manager shall ensure that the individual is informed of:

(a) the purpose for which the personal information is collected;

(b) how the information is to be used and disclosed;

(c) who in the Manager’s organization can answer questions the individual

may have about his or her personal information; and


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(d) his or her right of access to the information, as set out in the Manager’s policies under subsection 1.06 of this Schedule.

Access to personal Information by the individual it is about

1.06 The Manager shall establish a written policy, acceptable to MHRC, providing individuals whose personal information is received, collected of acquired by the Manager under this Agreement with:

(a) a right to examine personal information about themselves which is maintained by the Manager, subject only to specific and limited exceptions; and

(b) a right to request corrections to this personal information.

Restrictions respecting use of personal information by the Manager

1.07 (a) The Manager shall keep the personal information in strict confidence and shall use the personal information only for the purpose of properly carrying out the Manager’s obligations under this Agreement and not for any other purpose.

(b) The personal information shall be used solely by the officers and employees of the Manager, except as otherwise specifically permitted by MHRC in writing.

(c) The Manager shall:

(i) limit access to and use of the personal information to those of the Manager’s officers and employees, who need to know the information to carry out the obligations of the Manager under this Agreement,

(ii) ensure that every use of and access to the personal information by the Manager and the authorized officers and employees of the Manager is limited to the minimum amount necessary to carry out the obligations of the Manager under this Agreement,

(iii) ensure that each officer and employee of the Manager who has access to the personal information is aware of and complies with the requirements, obligations and fair information practices in this Schedule, and

(iv) ensure that each officer and employee who has access to the personal information signs a pledge of confidentiality, satisfactory in form and content to MHRC, that includes an acknowledgement that he or she is bound by the requirements, obligations and fair information practices in this


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Schedule and by the Manager’s security policies and procedures and is aware of the consequences of breaching any of them.

1.08 The Manager shall ensure that:

(a) no person can make unauthorized copies of the personal information;

(b) no person shall disclose the personal information except as authorized under subsection 1.10 of this Schedule; and

(c) no person can modify or alter the personal information in a manner which is not authorized.

1.09 The Manager shall not link or match the personal information with any other personal information, except where necessary to carry out the obligations of the Manager under this Agreement.

Restrictions respecting disclosure of personal information by the Manager

1.10 The Manager shall not permit anyone to have access to, reveal, disclose or publish the personal information of any person, corporation, business, organization or entity outside the Manager’s organization, except as follows:

(a) to MHRC, and to MHRC’s officers, employees and agents, for the purposes of this Agreement;

(b) to the individual the personal information is about, upon satisfactory proof of identity;

(c) to any person, corporation, business, organization or entity with the voluntary, informed consent of the individual the information is about;

(d) where the individual the information is about is a child under the age of 18 years, to the custodial parent or parents or to the legal guardian of the child, upon satisfactory proof of identity and authority, provided that the Manager is of the opinion the disclosure would not be an unreasonable invasion of the child’s privacy;

(e) where disclosure is required by an order of a court, person or body with jurisdiction to compel production of the personal information or disclosure is required to comply with a rule of court that relates to the production of the personal information; or


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(f) where disclosure is necessary to prevent or lessen a serious and immediate threat to the health or safety of the individual the information is about or of any other individual or individuals.

1.11 Without limiting subsection 1.10 of this Agreement, the Manager shall not:

(a) sell or disclose the personal information, or any part of the personal information, for consideration; or

(b) exchange the personal information for any goods, services or benefit; or

(c) give the personal information to any individual, corporation, business, agency, organization or entity for any purpose, including (but not limited to) solicitation for charitable or other purposes;

and shall not permit any of these activities to take place.

Protection of the personal information by the Manager

1.12 The Manager shall protect the personal information by putting in place reasonable security arrangements, including administrative, technical and physical safeguards that ensure the confidentiality and security of the personal information and protect the personal information against such risks as use, access, disclosure or destruction which are not authorized under this Schedule. These security arrangements shall take into account the sensitivity of the personal information and the medium in which the information is stored, handled, transmitted or transferred.

1.13 Without limiting subsection 1.12 of this Schedule:

(a) where personal information is in paper form, on diskette or other removable media, the Manager shall ensure that:

(i) the paper records, diskettes and removable media used to record the personal information are kept in a physically secure area and are subject to appropriate safeguards,

(ii) the personal information is accessible only to those of the Manager’s officers and employees who need to know the personal information to carry out the obligations of the Manager under this Agreement, and

(iii) the paper records, diskettes and removable media used to record the personal information are stored securely when not in use;


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(b) where personal information is stored in electronic format, the Manager shall:

(i) ensure that the computer system or computer network on which the personal information is stored is secure and is accessible only to officers and employees of the Manager who need to know the personal information to carry out the obligations of the Manager under this Agreement,

(ii) ensure that the personal information is protected by a series of passwords to prevent authorized access, and

(iii) limit access to and use of these passwords to those of the Manager’s officers and employees who need to know the personal information to carry out the obligations of the Manager under this Agreement.

1.14 When disposing of any paper records and media containing a record of the personal information, the Manager shall destroy the paper records or erase or destroy any personal information contained on the media in a manner which adequately protects the confidentiality of the personal information.

1.15 The Manager shall establish and comply with written policies and procedures respecting the use of, access to, disclosure, protection and destruction of the personal information which shall be consistent with and reflect the requirements of this Schedule. These security policies and procedures shall include:

(a) provisions for identifying and recording security breaches and attempted security breaches; and

(b) corrective procedures to address security breaches.

1.16 The Manager shall, immediately upon becoming aware of any of the following, notify MHRC in writing of any use of, access to, disclosure or destruction of personal information which is not authorized by this Schedule, with full details of the unauthorized use, access, disclosure or destruction. The Manager shall immediately take all reasonable steps to prevent the recurrence of any unauthorized use, access, disclosure or destruction or the personal information and shall notify MHRC in writing of the steps taken.

1.17 The Manager shall provide training for its officers and employees about the requirements of this Schedule and the Manager security policies and procedures.

1.18 The Manager shall comply with any regulations made, policies issues and reasonable requirements established by MHRC respecting the protection, retention or destruction of the personal information.


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Destruction of personal information by the Manager

1.19 After the personal information has been used for its authorized purpose, or where destruction of the personal information is requested by MHRC or is required by this Agreement, the Manager shall destroy the personal information (and all copies of the personal information in any form or medium) in a manner which adequately protects the confidentiality of the personal information.

Inspection by MHRC

1.20 MHRC and its representative may carry out such inspections or investigations respecting the Manager’s information practices and security arrangements as MHRC considers necessary to ensure the Manager is complying with the terms and conditions of this Schedule and that the personal information is adequately protected. The Manager shall cooperate in any such inspection or investigation, and shall permit MHRC and its representatives access, at all reasonable times, to the Manager’s premises and to records and information relating to the Manager’s information practices and security arrangements or to this schedule for these purposes.

1.21 If an inspection or investigation identifies deficiencies in the Manager’s information practices or security arrangements which expose the personal information to risk of unauthorized use, disclosure or destruction, the Manager shall take reasonable steps to promptly correct the deficiencies to MHRC’s satisfaction.

Destruction of personal information on expiration or termination of Agreement

1.22 On expiration or termination of this Agreement for any reason, the Manager shall, unless otherwise directed by MHRC, destroy the personal information (including all copies of the personal information in any form or medium) in a manner which adequately protects the confidentiality of the personal information.

Statutory definitions of personal information and personal health information

1. “Personal information” about an identifiable individual, including

(a) the individual’s name


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(b) the individual’s home address, or home telephone, facsimile or

e-mail number

(c) information about the individual’s age, sex, sexual orientation, marital or family status,

(d) information about the individual’s ancestry, race, colour, nationality, or national or ethnic origin,

(e) information about the individual’s religion or creed, or religious belief, association or activity,

(f) personal health information about the individual,

(g) the individual’s blood type, fingerprints or other hereditary characteristics,

(h) information about the individual’s political belief, association or activity,

(i) information about the individual’s education, employment or occupation, or educational, employment or occupational history,

(j) information about the individual’s source of income or financial circumstances, activities or history,

(k) information about the individual’s criminal history, including regulatory offences,

(l) the individual’s own personal views or opinions, except if they are about another person,

(m) the views or opinions expressed about the individual by another person, and

(n) an identifying number, symbol or other particular assigned to the individual.

2. “personal health information” means recorded information about an identifiable individual that relates to

(a) the individual’s health care history, including genetic information about the individual,

(b) the provision of health care to the individual or

(c) payment for health care provided to the individual, and includes

(d) the PHIN and any other identifying number, symbol or particular assigned to an individual, and


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(e) any identifying information about the individual that is collected in the course of, and is incidental to the provision of health care or payment for health care.

3. “health care” means any care, service or procedure

(a) provided to diagnose, treat or maintain an individual’s physical or mental condition,

(b) provided to prevent disease or injury or promote health, or

(c) that affects the structure or a function of the body,

and includes the sale or dispensing of a drug, device, equipment or other item pursuant to a prescription.

“PHIN” means the personal health identification number assigned to an individual by the minister to uniquely identify the individual for health care purposes.

APPENDIX “C”: CONFLICT OF INTEREST POLICY AND GUIDELINES

INTRODUCTION

The Manitoba Housing and Renewal Corporation (MHRC) in coordination with the Province of Manitoba is charged with the responsibility of protecting the public interest, particularly in regards to accountability for the spending of tax dollars. External agencies are perceived by the public as extensions of government. As such, boards of directors and employees of external agencies delivering services on behalf of government are accountable to the public and are particularly vulnerable to charges of conflict of interest. As a funder of many external agencies, the Province of Manitoba expects agencies to adopt the following conflict of interest policy and guidelines for their boards of directors and employees.

By stating clearly the standards of conduct expected of board members and employees, the guidelines serve as a preventative measure so board members and employees do not inadvertently place themselves in a position of perceived, potential or actual conflict of interest. Furthermore, the sections dealing with disclosure and appeals provide for avenues to clarify and resolve issues before they become a problem.

The aim of the conflict of interest guidelines is to strike a balance between legitimate protection of public interest and the protection of the board members’ and employees’ personal and professional interests.

It is the responsibility of the board of directors to ensure that these guidelines are communicated to all board members and employees of the individual external agencies and to establish procedures for ensuring compliance with the standards set out in the policy and guidelines.

POLICY STATEMENT

The Province of Manitoba expects boards of directors and employees of external agencies which it funds to maintain high standards of integrity, impartiality and ethical conduct. Board members and employees must be constantly aware of the need to avoid situations which might result either in actual, potential or perceived misconduct, or conflicts of interest and to conduct themselves in a manner which commands the respect and confidence of their fellow citizens.

This policy, including disclosure requirements, applies to all members of the boards of directors and all employees of external agencies. The policy and guidelines contained herein should complement rather than replace the provisions of relevant legislation, or any other statute, collective agreement, rule or statement which applies to boards of directors or employees of external agencies, and in the event of a conflict, relevant legislation shall govern and supersede this policy.

DEFINITION

A conflict of interest is any situation in which a board member or employee of an external agency has an employment, business or personal interest which results or appears to result in:

1

NRFP #: HCBD2019-xxxx

(a) an improper material interest or an advantage by virtue of the person’s position;

(b) an interference with the objective exercise of the person’s duties.

A material interest includes any matter or situations where a board member or employee has a direct or indirect financial or other interest beyond the interest of an ordinary citizen.

REQUIREMENTS FOR DISCLOSURE

Members of the boards of directors and employees of external agencies are responsible for disclosure of any situation or matter where they have an actual or perceived conflict of interest or the potential for a conflict of interest.

Conflict of interest declarations should be filed annually at a minimum or updated immediately where:

(a) an actual, potential or perceived conflict situation arises where none existed previously;

(b) change occurs which alters the nature or degree of the conflict, subsequent to a declaration being made.

Where a conflict of interest has been found to exist, the board member or employee, if necessary, will be required to take steps to avoid the conflict of interest. As well, where a perceived or potential conflict situation may exist, the board member or employee will be provided with advice on what steps need to be taken to remove the perception of or other potential for a conflict of interest.

Where a board member is unsure whether any conflict of interest may exist, it is his/her responsibility to seek clarification from the board of directors.

A board member shall disclose in writing to the board of directors, or request to have entered in the minutes of meetings of the board of directors, the nature and extent of his/her interest.

The board of directors shall decide by majority vote of other members at the meeting whether a perceived or actual conflict of interest exists in the case of a board member.

No board member shall be present during any discussions of the board or vote on any matter where it has been decided that a material interest exists. The minutes of the board meeting shall in each case record the member’s disclosure of interest and the fact he/she took no part in the discussion or decision. In addition, the board member must refrain from attempting, directly or indirectly, to influence the decision of the board.

The board of directors may choose to delegate to an executive committee of the board, the authority to decide whether a material interest exists for board members.

2


If the executive committee of the board cannot decide, the matter shall be referred to the full board for decision.

Where an employee is unsure whether any conflict of interest may exist, it is his/her responsibility to seek clarification from the board of directors or the board’s delegate

An agency employee shall disclose in writing to the board of directors, or the board’s delegate, the nature and extent of his/her interest.

The board of directors shall decide by majority vote whether a perceived, potential or actual conflict of interest exists in the case of an employee.

The board of directors may choose to delegate to the executive director or executive management committee, the authority to decide whether a material interest exists for employees, subject to a quarterly review and ratification of those decisions by the board.

If the board’s delegate cannot decide, the matter shall be referred to the board of directors for decision.

No employee shall participate in negotiations, decision-making or activities where it has been decided that a material interest exists.

GUIDELINES

The range, complexity and unique nature of individual external agencies’ activities are such that it is not possible to outline all conflict of interest situations.

Board members and employees shall not engage directly or indirectly in any personal business transaction or private arrangement for personal profit which accrues from or is based upon their official position or authority or upon confidential or non-public information which they gain by reason of such position or authority.

Board members and employees shall not divulge confidential or restricted information to any unauthorized person or release such information in advance of authorization for its release.

Board members and employees shall not act in any official matter where there is a personal interest which is incompatible with an unbiased exercise of official judgement.

Board members and employees must declare where they have direct or indirect personal business or financial activities which conflict with their official duties and responsibilities.

Board members and employees shall not place themselves in a position where they are under obligation to any persons who might benefit from special considerations or favours on their part.

3


APPEALS

A board member who disputes the manner of application of these guidelines within his/her agency may appeal such application to an independent arbitrator agreed to by both parties.

An employee who disputes the manner of application of these guidelines may appeal such application to the board of directors.

A board member or employee, at his/her option, may have a representative present at the appeal.

DISCIPLINARY ACTION

Departure from any of these rules by board members, without the specific prior approval of the majority of board members, may be cause for dismissal from the board.

Departure from any of these rules by employees, without the specific prior approval of a board of directors, or board’s delegate, may be cause for disciplinary action.

SPECIFIC PROVISIONS FOR AGENCIES

While the guidelines mentioned above should be sufficient to protect against conflict of interest in a vast majority of cases, individual agencies may wish to develop additional more specific conflict of interest guidelines. In certain cases, the Minister may request more specific conflict of interest guidelines. These additional guidelines may also be necessary in response to particular statutory requirements, specific operational requirements, problems unique to a particular agency or at the request of Government.

On request, any additional guidelines developed for an organization should be made available to Government for approval prior to distribution and implementation.

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