request for proposal for … custodial...request for proposal for custodial/security services for...

REQUEST FOR PROPOSAL

FOR

CUSTODIAL/SECURITY SERVICES FOR

PENTICTON LIBRARY/MUSEUM COMPLEX

Original and two copies of a Proposal in a sealed envelope plainly marked "Proposal for Custodial and/or Security Services for Library/Museum Complex“ will be received at City Yards, 616 Okanagan Avenue East, Penticton, B.C., V2A 3K6 up to June 26, 2012 at 2:00 pm local time.

Closing Date: TUESDAY, JUNE 26, 2012 AT 2:00 P.M.

Mandatory Site Visit: Monday, June 11, 2012 at 9:00 a.m.

at Library/Museum Complex Foyer located at 785 Main Street, Penticton, BC

* PROPOSALS WILL NOT BE OPENED IN PUBLIC *

NOTE: Should any potential bidders download this Request for Proposal, it is the Proponent's responsibility to check for Addenda which will be posted on the City of Penticton's website.

http://www.penticton.ca/EN/main/business/tendersrfps.html

http://www.penticton.ca/EN/main/business/tenders-rfps.html

City of Penticton 2012RFP10 Custodial/Security Services – Library/Museum

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1.0 SCOPE OF RFP

1.1 Introduction The City of Penticton (the "City") is seeking proposals from qualified contractors to provide custodial/security services for the Library/Museum Complex located at 785 Main Street, Penticton, BC. The approximate size of the building, excluding storage areas, is 20,000 ft².

This Contract will commence August 1, 2012 and remain in effect for a period of two (2) years. The Contract will be reviewed annually and, at the City's discretion, renewed for up to a period of one (1) year to a maximum of an additional three (3) years.

A mandatory site visit and briefing is scheduled for 9:00 a.m. local time, Monday, June 11, 2012 at the Library/Museum Complex Foyer located at 785 Main Street, Penticton, BC.

Contractors must be prepared to begin the custodial services on August 1, 2012.

This Request for Proposal (RFP) document describes the services sought by the City and sets out the City’s RFP process, basic proposal requirements and the evaluation criteria the City intends to use to select a preferred proposal.

1.2 Scope Of Services Details and Specifications regarding these services are set out in Schedule B of this RFP. Proponents are encouraged to use innovation when developing proposals and may propose revisions or alternatives beneficial to the City’s interests.

1.3 Form Of Services Contract The basic Form of Contract the City proposes to enter for the services is set out in Schedule D of this RFP. The City may require modifications to the Form of Contract in order to address the specific requirements of this RFP, the content of the preferred proposal and subsequent negotiations.

1.4 No Contractual Obligations As A Result Of RFP Or Proposal This is a request for proposals only, and not a call for tenders or request for binding offers. Nothing in this RFP is intended to constitute an offer of any kind by the City and no contractual obligations whatsoever (including Schedule D) all arise as a result of the submission of a proposal in response to this RFP.

2.0 PROPOSAL CONTENT

Proposals (one original and two copies) must be submitted in printed form. The following should be included in a proposal, in the following order.

2.1 Covering Letter A covering letter signed by an authorized representative of the proponent, outlining the proposal and stating that the information contained in the proposal accurately describes the services to be provided.

2.2 Proponent Profile and References A description of the proponent’s organization, size, services provided, areas of expertise and length of time in operation must be included and a list of at least three (3) references


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including contact name, address, telephone number and email address. If there are special concerns or restrictions on the City’s use of a reference, these concerns must be stated in the proposal.

2.3 Services Outline of proposed method of service delivery and confirmation that proponent is able to meet requirements of proposed Form of Contract, Schedule D of this RFP, including with respect to insurance, workers compensation and governmental approvals (including requiring a City Business License or InterMunicipal Business License).

2.4 Scheduling The proposal will include a schedule for the provision and completion of the services (start up, information gathering, site visits, preliminary plans etc., as applicable).

2.5 Fees & Disbursements The proposal will set out all fees and disbursements to be charged to the City for the provision of the services, and shall break out such amounts for each service component, as applicable. All amounts shall be in Canadian dollars.

3.0 RFP PROCESS

3.1 Final Date And Time For Receipt Of Proposals Proposals (one original and two copies) must be received in a sealed envelope by 2:00 pm local time on Tuesday, June 26, 2012, at:

City of Penticton City Yards Office Purchasing Manager 616 Okanagan Avenue East Penticton, BC V2A 3K6

*Proponents should clearly mark their proposals and proposal envelope with the name and address of the proponent and the RFP title.*

3.2 Late Proposals Proposals received after the deadline will not be considered and will be returned unopened to the sender.

3.3 No Faxed Or Electronic Proposals Proposals received by fax or email will not be considered.

3.4 Cost Of Proposal Preparation Proponents will be solely responsible for the costs of preparing and submitting a proposal and all costs incurred in any subsequent negotiations with the City.

3.5 Evaluation & Criteria The City intends to evaluate proposals based on the evaluation criteria as outlined in Schedule A of this RFP.

The City intends to select the proposal that it considers most favourable to the City’s interests. In this regard, the City considers that “Best Value” is the essential part of engaging a service provider and therefore the City may prefer a proposal with a higher cost, if the City considers that it offers greater value and better serves the City’s interests.


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3.6 Evaluation Committee The City may establish an evaluation committee, which may include a representative of its Purchasing Department, in order to evaluate proposals and make recommendations in relation to this RFP.

3.7 Clarification The City may seek clarification from a proponent respecting its proposal to assist in making evaluations.

3.8 Negotiation The City may choose to negotiate with a preferred proponent, or any proponent, on any aspect of their proposal, including changes to the service to be provided and to price.

3.9 Confidentiality Proponents should be aware that the City is subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIPPA). A Proponent may stipulate in their proposal that portions of the proposal contain confidential information and are supplied to the City in confidence. However, under FOIPPA the City may nevertheless be obligated to disclose all or part of a proposal pursuant to a request made under that Act, even if the proponent has stipulated that part of the proposal is supplied in confidence. The proponent should review section 21 and other provisions of FOIPPA in order to gain a better understanding of the City’s disclosure responsibilities under that Act.

3.10 Proposal Documents All documents submitted to the City in response to this RFP or as part of any subsequent negotiation will become the property of the City and will not be returned.

3.11 Gifts And Donations Proponents will not offer entertainment, gifts, gratuities, discounts or special services, regardless of value, to any employee of the City or elected City official. The successful proponent shall report to the City Purchasing Manager any attempt by a City employee or elected official to obtain such favours.

3.12 Enquiries All enquiries related to this RFP are to be directed, in writing, to:

City of Penticton Purchasing Manager 616 Okanagan Avenue East Penticton, BC V2A 5A9 Email: [email protected]

Information obtained from any other source should not be relied upon. Enquiries and responses will be recorded and the City may choose to distribute same to all proponents. Questions will be answered if time permits.

mailto:[email protected]


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4.0 INTERPRETATION

4.1 DEFINITIONS

a. “Best Value” means the value placed upon quality, service, past performance and price.

b. “City” means The Corporation of the City of Penticton.

c. “City Representative” means the representative or appointee engaged by the City to supervise the work.

d. “Contract” means an agreement between the City and the Successful Proponent.

e. “must,” “mandatory” or “required” means a requirement that must be met in order for a Proposal to receive consideration.

f. “Premises” shall mean building(s) or part of a building with its appurturences.

g. "Proposal" shall mean the Proponent's submission to the RFP.

h. “Proponent” means a party submitting a Proposal to this RFP.

i. “RFP” means the “Request for Proposal”.

j. “Request for RFP” (RFP) includes the documents listed in the index of the Request for RFP and any modifications thereof or additions thereto incorporated by addenda before the close of RFP.

k. “should” or “desirable” means a requirement having a significant degree of importance to the objectives of the Request for RFP.

l. “Special Conditions” means the special conditions, which are included in the RFP.

m. “Specifications” means the specifications which are included in the RFP.

n. “Subcontractor” includes, inter alia, a person, firm or corporation having a contract with the Successful Proponent for the execution of a part or parts, or furnishing to the Successful Proponent Work, materials and/or equipment called for in the RFP.

o. “Successful Proponent” means the Proponent submitting the most advantageous RFP as determined by the City of Penticton.

p. “Work” means any labour, duty and/or efforts to accomplish the purpose of this project.


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5.0 FORM OF PROPOSAL

Project Title: ____ Custodial/Security Services for Library/Museum Complex

Department: ____Facilities Department___________________________________________________

The Proponent confirms it has obtained and carefully examined all of the documents making up the Request for Proposal issued by The City of Penticton and any addenda issued in connection therewith.

The Proponent undertakes and agrees that:

5.1 EXECUTION OF CONTRACT

If the offer contained in this Proposal is accepted, upon being advised that the Contract (the Contract) are available at the office of the Corporate Officer, the Proponent will obtain the Contract and Drawings, if any, and will execute and identify the Contract and Drawings in a form and manner acceptable to the Corporate Officer and will deliver the same within (10) days from the time when the same are available or are delivered or mailed to the Proponent.

5.2 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

If awarded the Contract, the Proponent shall supply the goods on the date set out in the Contract and shall complete the Contract within the time specified in the Contract.

5.3 NO COLLUSION

Except as otherwise specified or as arising by reason of the provision of the Contract, no person whether natural, or body corporate, other than the Proponent has or will have any interest or share in this Proposal or in the proposed contract which may be completed in respect thereof. There is no collusion or arrangement between the Proponent and any other actual or prospective Proponents in connection with Proposals submitted for this project and the Proponent has no knowledge of the contents of other Proposals and has made no comparison of figures or agreement or arrangement, express or implied, with any other party in connection with the making of the Proposal.

5.4 ACCEPTANCE OF PROPOSAL

The acceptance of the Proposal by the City shall be made only by the notice in writing from the Corporate Officer or from the Purchasing Department of the City, and will be addressed to the Successful Proponent at the address given in this Form of Proposal; and if the Proposal Documents are so worded, the Proposal may be accepted either in whole or part.

5.5 FAILURE OR DEFAULT OF PROPONENT

If the Proponent for any reason whatsoever fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of this Proposal, the City at its option may consider the Proponent has abandoned the offer made or the contract if the offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void and the City shall be free to select an alternate solution of its choosing.


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Executed at , in the Province of BC this day of , AD 2012, under seal of the Proponent as a speciality instrument

NOTE: If the Proponent is a corporation, in addition to signature, affix corporate seal (if available). If a natural person makes the Proposal, the Proponent must sign it with his/her name typed or clearly printed below the signature. If the Proponent is carrying on business under a firm name and NOT incorporated, the members of the firm must sign below the firm name and their names must be typed or clearly printed below the signature.

(Corporate Name if Proponent is a Corporation)

Per:

Per:

Mailing Address of Proponent:

Street

City Province Postal Code Telephone


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6.0 INSTRUCTIONS TO PROPONENTS

The following terms will apply to this RFP and to any subsequent Contract. Submission of a Proposal in response to this RFP indicates acceptance of all the following terms:

6.1 GENERAL

a. The law applicable to this RFP shall be the law in effect in the Province of British Columbia. Except for an appeal from a British Columbia Court to the Supreme Court of Canada, no action in respect to this RFP shall be brought or maintained in any court other than in a court of the appropriate jurisdiction of the Province of British Columbia.

b. In carrying out its obligations hereunder, the Proponent shall familiarize itself and comply with all applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law. Where there are two or more laws, ordinances, rules, regulations or codes applicable to the Works, the more restrictive shall apply.

c. Applicability of law: All references in the RFP to statutes and regulations thereto and City bylaws shall be deemed to be the most recent amendments thereto or replacements thereof.

d. Copyright: All designs, drawings, concept drawings, specifications, digital, hard copies, web pages, internet pages, maps and plans commissioned by the City of Penticton, shall remain the property of the City of Penticton.

e. In the case of any inconsistency or conflict between the provisions of the RFP, the provisions of such documents and addenda thereto will take precedence in governing in the following order: (1) addenda; (2) RFP; (3) Special Conditions; (4) Specifications; (6) Drawings; (8) Executed Form of RFP; (9) all other documents.

f. Headings are for convenience only: Headings and titles in the RFP are for convenience only and are not explanatory of the clauses with which they appear.

g. Method of payment is governed by City policy as well as applicable Federal and Provincial laws.

h. The RFP, accepted submission, and City Contract represent the entire Agreement between the City and the Successful Proponent and supersede all prior negotiations, representations or agreements either written or oral. The Contract may be amended only by written instrument agreed and executed by the Successful Proponent and the City.

7.0 REQUEST FOR RFP PROCESS

7.1 NOT A TENDER CALL

This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City.

7.2 NO OBLIGATION TO PROCEED

Though the City fully intends at this time to proceed through the RFP, in order to select the Works, the City is under no obligation to proceed to the purchase, or any other stage. The receipt by the


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City of any information (including any submissions, ideas, plans, drawings, models or other materials communicated or exhibited by any intended Proponent, or on its behalf) shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or Managers, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City for the purchase of the equipment, service, or project.

7.3 LATE PROPOSALS

Proposals received after the final date and time for receipt of Proposals will be considered as “late Proposals.” Late Proposals will not be accepted and will be returned unopened to the sender.

8.0 PRERFP INFORMATION

8.1 COST OF PREPARATION

Any cost incurred by the Proponent in the preparation of this Proposal will be borne solely by the Proponent.

8.2 INTENTION OF THE CITY

The Proponent that submits to the City the most advantageous Proposal and which represents the interests of the City, best overall, may be awarded the Contract. The City reserves the right to accept or reject all or part of the RFP, however, the City is not precluded from negotiating with the Successful Proponent to modify its Proposal to best suit the needs of the City.

8.3 REJECTION OF PROPOSALS

The City reserves the right to reject, at the City’s sole discretion, any or all Proposals, without limiting the foregoing, any Proposal which either:

a. is incomplete, obscure, irregular or unrealistic;

b. has nonauthorized (not initialled) erasures or corrections in the Proposal or any schedule thereto;

c. omits or fails to include any one or more items in the Proposal for which a price is required by the RFP;

d. fails to complete the information required by the RFP to be furnished with a Proposal; and/or

e. fails to complete the information required whether the same purports to be completed or not.

Further, a Proposal may be rejected on the basis of the Proponents past performance, financial capabilities, completion schedule and compliance with Federal, Provincial, and/or Municipal legislation. As it is the purpose of the City to obtain a Proposal most suitable to the interests of the City and what it wishes to accomplish, the City has the right to waive any irregularity or insufficiency in any Proposal submitted and to accept the Proposal which is deemed most favourable to the interest of the City.


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9.0 CONDITIONS

a. A qualified Proposal is one which meets the needs and specifications of the City, the terms and conditions contained in the RFP. The preferred Proposal is a qualified Proposal offering the Best Value, as determined by the City.

b. The City will decide whether a Proposal is qualified by evaluating all of the Proposals based on the needs of the City, specifications, terms and conditions and price. The City Purchasing Manager and/or department head of the City will examine all Proposals and recommend which Proposal is in the City’s best interest.

c. A Proposal which is unqualified is one that exceeds the cost expectations of the City and/or does not meet the terms and conditions contained in the RFP and/or does not meet the needs and Specifications of the City. The City reserves the right to reject any or all unqualified Proposals.

d. The City reserves the right to cancel this RFP at any time.

e. The City recognizes that Best Value is the essential part of purchasing a product and/or service and therefore the City may prefer a Proposal with a higher price, if it offers greater value and better serves the City’s interests, as determined by the City, over a Proposal with a low price. The City’s decision shall be final.

f. The City reserves the right to negotiate with a preferred Proponent, or any Proponent, on any details, including changes to specifications and price. If specifications require significant modification, all Proponents shall have the opportunity to adjust their Proposals or resubmit altogether, as determined by the City Purchasing Department and/or department head.

g. All equipment, goods and workmanship must conform to all Laws and Standards necessary for use in Canada and the Province of British Columbia.

h. The Successful Proponent, herein named the Contractor, shall guarantee that his Proposal will meet the needs of the City and that any or all item(s) supplied and/or service(s) rendered shall be correct. If the item(s) supplied by the Contractor and/or the service(s) rendered by it are in any way incorrect or unsuitable, all correction costs shall be borne solely by the Contractor.

i. All proposed prices shall include delivery F.O.B. City Works yard or other destination point, as specified by the City, and the Contractor shall bear all risks of loss and/or damage.

j. Where only one Proposal is received, the City reserves the right not to make public the amount of the Proposal. The amount of the Proposal will be made public if a contract is awarded. The City reserves the right to accept or reject a Proposal, where only one Proposal is received.

k. The City reserves the right in its sole discretion to accept or reject all or part of any Proposal which is noncompliant with the requirements of this RFP.

l. The City shall not be obligated either to accept or reject any noncompliance with the requirements of this RFP.

m. Cancellation Clause: The City reserves the right to cancel the Contract Agreement for goods and/or services as outlined in this RFP, at any time, by providing 30 days written notice to the Contractor.


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10.0 CONTRACTOR’S OBLIGATIONS

10.1REGISTRATION WITH WORKSAFE BC (WCB)

The Contract may contain a provision that the Contractor and any approved Subcontractors must be registered with Worksafe BC (WCB), in which case Worksafe BC (WCB) coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Contractor may be required to submit a Worksafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid.

The Contractor shall ensure compliance on his part with the Workers' Compensation Act and any regulations there under, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation.

In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers' Compensation Board orders the Contractor in respect of his operations under this Agreement, to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations there under or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the City on twentyfour (24) hours written notice to the Contractor, may terminate the Contract.

10.2GOVERNING REGULATIONS

The Contractor shall apply and pay for all necessary permits or licences required for the execution of the Work (but this shall include the obtaining of permanent easements or rights of servitude). The Contractor shall give all necessary notices, pay for all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health. The Contractor shall be responsible for the safety of all workmen and equipment on the project in accordance with all applicable safety legislation passed by Federal, Provincial and local authorities governing safety.

11.0 INSURANCE PROTECTION AND DAMAGE

11.1GENERAL INSURANCE

Before starting the Work, the Contractor shall file with the City, certificates of all insurance policies acceptable to the City. These certificates shall state that the insurance complies with the requirements of the Contract and that the territory of the policy includes the country in which the Work is to be constructed.

Each insurance policy required under this Article shall contain an endorsement to provide all Additional Insured with prior notice of changes and cancellations. Such endorsement shall be in the following form:

"It is understood and agreed that the coverage provided by this policy will not be changed or amended in any way or cancelled until thirty (30) days after written notice of such change or cancellation shall have been given or sent by registered mail to all Additional Insured."

Should the Contractor fail to make a payment of any premiums or other assessments required by the Contractor's insurers to maintain such policies in force and effect, the City may in their discretion make payment of such premiums or assessments and deduct the amount thereof from such monies as may then or later be payable to the Contractor pursuant to the Contract or recover the same from the Contractor as the City in his discretion may determine.


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Whenever the word The City is to appear in the insurance policies, the legal name shall be inserted.

11.2PROTECTION OF WORK, PROPERTY AND PUBLIC:

The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss.

The Contractor shall protect the property adjacent to the Work areas from damage as the result of operations under the Contract. The Contractor shall protect the Work and the City's property from damage and shall make good at their own expense any damage which may arise as the result of the Contractor’s operations under the Contract.

11.3CONTRACTOR'S INSURANCE:

General Liability & Property Damage Insurance. The Contractor shall save and hold harmless the City, its officers, Managers, servants and employees, from and against any and all suits or claims alleging damage or injury (including death) to any person or property that may occur or that may be alleged to have occurred, in the course of the performance of this Contract, whether such claim shall be made by an employee of the Contractor, or by a third person and whether or not it shall be claimed that the alleged damage or injury (including death) was caused through a wilful or negligent act or omission of the Contractor, its officers, servants, Managers or employees, or a wilful negligent act or omission of any of its subcontractors or any of their officers, servants, Managers or employees; and at its own expense, the Contractor shall defend any and all such actions and pay all legal charges, costs and other expenses arising there from.

The Contractor shall maintain and keep in force during the term of the Contract and until the date of the completion certificate, Two Million Dollars ($2,000,000) inclusive limits for public liability and property damage, against liabilities or damages in respect of injuries to persons (including injuries resulting in death) and in respect of damage to property arising out of the performance of work.

The Contractor shall, at the time the Contract is signed, submit to the City two copies of the insurance policies required under this Article and shall also provide to the City from timetotime, as may be required, satisfactory proof that such policies are still in full force and effect.

The City shall be an additional insured on the policy. The policies shall preclude subrogation claims by the insurer against anyone insured thereunder. In addition, such insurance policy shall include the following "Cross Liability" clause:

"The insurance afforded by this policy shall apply in the same manner, as though separate policies were issued, to any action brought against any of the additional insured by or on behalf of any other additional insured."

11.4FIDELITY

The Contractor shall provide proof of fidelity bonding in favour of the City in the amount of $25,000. The policy must include a 3 rd party indemnity and be in favour of the City.

11.5INDEMNITY

The Contractor shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City, its elected officials, officers, employees and Managers (collectively) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or


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nonperformance of this contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities.

The Contractor shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non performance of this contract, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities.


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QUALITY ASSURANCE

All tasks needing to be completed will be done at a level that meets or exceeds the standards as defined in the “Quality Assurance Program – Grading Definitions” as set out below:

Grading Definitions Preferred Level of Standards – 2.0 Acceptable Level of Standards – 2.3

Floors, Toilets, Sinks, Fixtures, Horizontals, Verticals, Dispensers Not applicable 1 bright finish, clean, no debris, no build up, no stains 2 Clean, no debris, no build up, no stains 3 Debris present, no build up, no stains, no paper, no soap 4 Debris present, slight build up present, stains present, no paper, no soap 5 Lots of debris, large build up present, stains present, no paper, no soap

Garbage Not applicable 1 No garbage, clean liner, no stains, clean smell 2 No garbage, clean liner, no stains, no smell 3 Slight garbage, minor stains, no smell 4 Lots of garbage, stains present, sticky, minor smell 5 Overflowing with garbage, lots of stains, stick, strong smell

A City Representative will perform quality inspections with the Contractor semiannually or a determined by City with 5 days’ notice to the Contractor.

The successful bidder will be required to fill out a daily checklist of the work that was completed. This checklist will be provided by the City and will be placed inside a binder at each contract location.

Note: Addendums may be added to the checklist in the future.

HOURS OF WORK The Contractor will be required to perform Custodial services at a time that does not conflict with the public use of the building. Security services will be required as follows:

October to May 12:00 noon to 5:00 p.m. for regular hours and noon to 9:00 p.m. for extended hours and when the auditorium is booked.

June to September 9:00 a.m. to 5:00 p.m. for regular hours and 9:00 to 9:00 p.m. for extended hours and when the auditorium is booked.

Library hours: May to midOctober Monday, Wednesday, Friday, Saturday 9:30 a.m. to 5:30 p.m. Tuesday and Thursday 9:30 a.m. to 9:00 p.m.


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Mid October to April Monday, Wednesday, Friday, Saturday 9:30 a.m. to 5:30 p.m. Tuesday and Thursday 9:30 a.m. to 9:00 p.m. Sunday 1:00 p.m. to 5:00 p.m.

Closed on statutory holidays.

Museum hours: Public Hours Tuesday through Saturday 10:00 a.m. to 5:00 p.m. Staff Hours – Monday through Saturday 9:00 a.m. to 5:00 p.m.

Closed on statutory holidays.

Certain aspects of the work may be performed at other times with prior approval from the Facilities Supervisor.

APPEARANCE/UNIFORM Security service Contractors must be neatly dressed and well groomed to represent the City in a positive manner. Shirts and jackets must be clearly marked with “SECURITY” and located across the shoulders on the back of the garments.

JANITORIAL ROOM

The City will provide the successful Bidder with a locked janitor room(s) for the storage of equipment and supplies. These areas must be kept clean and tidy at all times. In addition to the successful Bidder, these rooms will also be accessible by a few City staff and building occupants.

CONDITION OF EQUIPMENT

Custodial equipment must be kept in good operating condition at all times. The appearance, cleanliness and suitability of all equipment shall be subject to the approval of the City.

PROJECT WORK

Floor waxing and carpet shampooing may be required more often than once a year as specified in the “Cleaning Requirements” of this RFP. The Bidder shall provide a rate for extra work required. When project work is deemed necessary, the Facilities Supervisor or designate will provide a “Purchase Order” authorizing the successful Bidder to proceed. Project work will not be paid if it is not authorized by the Facilities Supervisor.

MATERIALS AND EQUIPMENT

The City will provide the following at no charge to the successful Bidder:

1. All finishes, soaps, cleaners, disinfectants and other miscellaneous cleaning materials needed to do a complete job.

2. All paper products, toilet tissue, roll or interfold paper towels, small brown bags for sanitary napkins (Ladies washrooms).


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3. Floor stripping and waxing supplies for the scheduled floor refinishing.

4. All interior and exterior garbage containers, including necessary garbage bags, but not including a wheeled garbage cart or similar conveyance for hauling garbage or water.

5. Liquid or bar soap for washroom dispensers.

6. Water and electrical power.

7. All MSDS (Material Safety Data Sheets).

The successful Bidder must notify the City's Facility Supervisor when additional supplies are required by calling 2504902580.

The successful Bidder must obtain approval from the City before purchasing any additional supplies.

Upon receiving receipts, the City will reimburse the successful Bidder for any additional supplies that were approved by the City to be purchased.

The Successful Bidder will supply or provide the following:

1. All labour to complete the specified work. 2. All polishers, scrubbers, vacuum cleaners, brooms, mops, pails, rags, dusters and

any other equipment or hand tools required to complete the work required in this RFP.

3. All necessary personal protective equipment to complete the work required in this RFP.

4. Proof of insurance which includes $2 million general liability coverage and fidelity bonding of $25,000.

5. A City of Penticton business license. 6. WCB Clearance letter. 7. Employee Dishonesty Bond with a 3 rd party endorsement being the City of Penticton. 8. A security deposit or performance bond in the amount of $5,000.00

REPAIRS

All repairs required and occurrences of vandalism noted by the successful Bidder are to be reported to the Facilities Supervisor or designate.

The successful Bidder is to immediately report any unusual occurrences to the Facilities Supervisor at 2504902580.

APPROVAL OF MATERIALS AND SUPPLIES

The successful Bidder will submit a list of materials, supplies, and equipment that will be used to complete the tasks listed in this RFP. This list will be submitted to the Facilities Supervisor for prior approval before use. The City encourages the use of Environmentally Friendly products, but it is not required. Supplies shall be purchased whenever possible from suppliers who can provide local advisory service.


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BID SHEET

REQUEST FOR PROPOSAL: Custodial/Security Services for Library/Museum Complex

CLOSING DATE: Tuesday, June 26, 2012 at 2:00 p.m. local time

The undersigned Bidder has carefully examined the Conditions and Specifications for the work requested and will provide the services required.

This proposal is valid for 60 days.

FIRST TWO YEARS

Service Monthly Fee (taxes extra)

Annual Fee (taxes extra)

Custodial Services Only

Security Services Only

Custodial/Security Services Combined

First Year Hourly Rate for additional work per employee $ / hour, taxes extra.

Second Year Hourly Rate for additional work per employee $ / hour, taxes extra.

THIRD YEAR (OPTIONAL)

Location Monthly Fee (taxes extra)





Third Year Hourly Rate for additional work per employee $ /hour, taxes extra.

FOURTH YEAR (OPTIONAL)






Fourth Year Hourly Rate for additional work per employee $ /hour, taxes extra.


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FIFTH YEAR (OPTIONAL)






Fifth Year Hourly Rate for additional work per employee $ /hour, taxes extra.

*NOTE: PRICES TO BE FIRM FOR A FIVE YEAR PERIOD

FIRM NAME:

ADDRESS: CITY:

POSTAL CODE DATE

PHONE NO. FAX NO.

EMAIL

**SIGNATURE OF BIDDER

PRINT NAME

** MUST BE AN AUTHORIZED SIGNATORY OF THE FIRM


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SCHEDULE A

EVALUATION CRITERIA

PROJECT:

POOR

MARGINAL

FAIR

GOOD

OUTS

TANDING

TOTA

L OF 100

PROPONENT:

CRITERIA WEIGHT 0 1 2 3 4

Proponent organization and technical capability to provide service 20%

Proponent performance and experience on similar projects 20%

References from current clients 30%

Price 30%

EVALUATION TOTAL:


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SCHEDULE B

LIBRARY/MUSEUM COMPLEX CUSTODIAL/SECURITY SERVICES SPECIFICATIONS

GENERAL PROCEDURES

The Contractor will ensure the following procedures are completed as set out below. In addition, each Contractor is responsible for the appearance and cleanliness of equipment, tools and storage areas.

CUSTODIAL Routine AboveFloor Care

Daily: • Clean all entrance glass doors and adjacent window panels and remove cobwebs from

entire entrance areas including any overhanging structures. • Empty all waste baskets and replace liners as required. Damp wipe and disinfect all

waste baskets, receptacles and adjacent wall areas. • Remove all debris and refuse to designated area. • Remove trash from outdoor planters. • Spot clean all finger marks, spots and stains from walls, woodwork, baseboards, glass,

etc.

Weekly: • Dust windowsills, ledges, shelves, induction units, displays, desk accessories, chairs,

baseboards, moldings, door frames, picture frames and blinds. Dust furniture fronts, sides and tops not covered with paper and spot clean.

• Clean and sanitize all telephones, handrails, coat racks, door knobs, etc. • Clean under Museum display cases as directed. • Clean, sanitize and disinfect all waste receptacles. • Machine scrub all vinyl tile floors and refinish with a nonslip floor finish.

Monthly: • Wash all windows inside and outside except November through February.

Semi Annual • Remove and clean all light fixture covers and globes. • Clean all supply and exhaust grilles and adjacent ceiling areas. • Vacuum all window coverings (September and April).

Vinyl Tile Floors

Daily: • Sweep or dust mop all floors using a dust control method. All tile floors must be

maintained so as to have a clean shiny appearance on an ongoing basis. • Power scrub or damp mop all soiled floors with a neutral synthetic detergent solution.

Power scrubbing and recoating along with spray buffing, polishing or burnishing are acceptable methods.

• After spray buffing, polishing or burnishing dust mop floor with a dust control method. • Rearrange furniture where required.


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Yearly: • Strip, seal and recoat all vinyl tile floors using a top quality nonslip floor finish.

Carpeted Floors

Daily: • Use an upright vacuum equipped with a beater brush to vacuum traffic patterns in all

carpeted areas. • Four times per week, vacuum the entire carpeted area. • Rearrange furniture. • Spot clean carpets and matting as required.

Quarterly: • Clean main entrance carpet and traffic area four (4) times per year using truck mounted

steam extraction method.

TriAnnual: • Clean all carpets using truck mounted steam extraction method. The cleaning shall be

finished by the first working day of the months of April, September, and December. • The City shall be notified 5 business days prior to and immediately after the carpet

cleaning has been completed.

Entrance Matting

Daily: • Vacuum entire entrance mat area, including mats, door thresholds and pivot points. • Wet mop rubber entrance matting and wet vac when required.

Washrooms

Daily: • Empty, damp wipe and disinfect all waste baskets and receptacles and replace liners. • Clean and disinfect entire toilet, all urinals, bowls, sinks, fountains, etc. • Clean and disinfect all fixtures to washrooms and restock all supplies, paper products,

hand soaps, sanitary napkins, etc. • Clean and polish all glass surfaces, steel surfaces, high fixtures. Wipe clean walls,

partitions and doors with a disinfectant cleaner. • Sweep or dust mop floor. • Wet mop floors using a cleanerdisinfectant solution.

Weekly: • Descale fixtures using organic acidtype bowl cleaner.

Lunch Rooms:

Daily: • Spot clean all finger marks, spots and stains from doors, walls and woodwork. • Spot clean window and door glass with glass cleaner. • Spot clean and sanitize vending machines, countertops, tables, chairs, and all other

furniture. • Remove trash and litter from tables, counters, and floors. • Empty waste receptacles and replace liners.


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• Spot clean waste receptacles with disinfectant detergent. • Museum lunch room is located in the Archives Room. Clean lunchroom daily and

vacuum as required.

Entrances, Stairs, Stairwells and Landings

Daily: • Vacuum carpeted steps and landings and spot clean as required. • Sweep or dust mop remaining stairs removing soil and litter and damp mop to maintain a

clean appearance. • Clean and sanitize handrails and dust windowsills and ledges. • Vacuum grooved treads in flooring and damp mop or hand scrub to maintain a clean

appearance. • Spot clean walls using detergentdisinfectant solution and wipe dry. • All exterior entrances, landings and stairs to be swept daily. Front landing and stairs wet

mopped as necessary to maintain a clean appearance.

Storage Area

Weekly: • Sweep and damp mop storage room leading to staff washrooms downstairs.

By Request Only (2 times per year): • All other storage areas and archives to be swept and damp mopped or vacuumed as

Museum staff must be present.

Auditorium • The Contractor is responsible for the set up and take down of seating and other

requirements necessary for each booking of the Auditorium along with moving pianos in and out of storage spaces as required.

• The City will maintain and update a booking record at the site. It will be the responsibility of the Contractor to read daily and assure set ups are ready for that day, or bookings for the next day which are outside the Contractor’s normal operating hours are set up the night before.

• Ensure the kitchen and stage areas are clean and ready prior to each booking.

Miscellaneous • Exterior entrances, stairwells, and ramps shall be swept nightly and wet mopped as

required to maintain a clean appearance.

SECURITY • The Contractor shall be responsible for building security when the facility is open to the

public and as required by the facility bookings. • The Contractor shall periodically check washrooms, hallways, and unsecured areas to

ensure that no loitering or vandalism is occurring. Immediately report all acts of vandalism to the RCMP. Where the security or the safety of the building is involved, the Contractor shall contact the Facility Supervisor.

• Ensure that the building is properly vacated and that all doors and windows are secure at the end of the shift and the intrusion alarm is activated.

SCHEDULE C


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CONFIDENTIALITY AGREEMENT

All data and information, held by The Corporation of The City of Penticton (the “City”) in whatever form, is the property of the City. While working in City facilities, you will be exposed to confidential information (“Information”). Access to any Information must not be used for personal benefit, disclosed or used in any way that could be detrimental to the City.

Accordingly, you hereby agree that:

1. You will keep Information confidential and will not (except as required by applicable law, regulation or legal process), without the City’s prior written consent, disclose any Information in any manner whatsoever;

2. You will not (except as required by applicable law, regulation or legal process), without the City’s prior written consent, disclose to any person the fact that the Information exists;

3. You will safeguard all Information to which you have access against inappropriate and unauthorized access by others;

4. You agree to report incidents of misuse or abuse of Information. 5. The Freedom of Information and Protection of Privacy Act gives individuals a

right of access to records subject to certain conditions. The City has procedures in place for handling requests for Information under this Act. Any questions regarding privacy or the release of Information not covered by these procedures should be referred to the City Manager; and

6. This Agreement will be governed and construed in accordance with the laws of the Province of British Columbia and the British Columbia Courts will have exclusive jurisdiction to hear all matters arising herefrom.

ACCEPTED AND AGREED:

Print Name of Employee Print Name of Witness

Signature of Employee Signature of Witness

Date Signed Date Witnessed


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SCHEDULE D

SERVICES CONTRACT FOR CUSTODIAL/SECURITY SERVICES FOR THE LIBRARY/MUSEUM COMPLEX

THIS AGREEMENT dated for the _________ day of ______ _ , 2012.

BETWEEN: THE CORPORATION OF THE CITY OF PENTICTON 171 Main Street Penticton, BC V2A 5A9

(the “City”)

AND: COMPANY address

(the “Contractor”)

GIVEN THAT the City wishes to engage the Contractor to provide certain services to the City and the Contractor wishes to contract with the City to provide such services to the City, THIS AGREEMENT is evidence that in consideration of $1.00 paid by each party to the other, and other good and valuable consideration, (the receipt and sufficiency each party acknowledges), the City and the Contractor agree as follows:

1. Definitions In this Agreement, in addition to the words defined above,

(a) “Contractor’s Proposal” means the Contractor's written proposal to the City for performance of the Services, dated ___________, a copy of which is attached.

(b) “City Representative” means __________ or such other person as the City may appoint in writing.

(c) “Governmental Approvals” means any licences, permits, consents, authorizations, certificates, operating certificates and other approvals of any kind from any Governmental Authority that are required for or in connection with the performance of the Services..

(d) “Governmental Authority” means any federal, provincial, local or other government or governmental agency, authority, board, bureau or commission.

(e) “Personnel” means any individuals identified by name in the Contractor’s Proposal and any individuals employed or otherwise engaged by the Contractor to perform the Services with the prior consent of the City;

(f) “RFP” means the Request for Proposals for the services issued by the City dated_______________.

(g) “Services” means the services and work described in the RFP, including all acts, services and work necessary to achieve the objectives set out in the RFP.


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(h) “Specifications” means the specifications and other requirements for the Services set out in the RFP.

(i) “Standards” means any and all laws, enactments, bylaws, statutes, regulations, rules, orders, permits, licences, codes, building codes, professional standards and specifications (including Canadian Standards Association standards) applicable to the provision of the Services, as they are in force from time to time or in the latest current version, as the case may be.

2. Contractor Services The Contractor shall perform the Services and shall do so in accordance with the Specifications, all Standards and the terms of this Agreement.

The Contractor shall:

(j) supply all labour, machinery, equipment, tools, supplies, material, labour and other services and things necessary to perform the Services in accordance with this Agreement;

(k) obtain, maintain in good standing and comply with the terms of all Governmental Approvals;

(l) perform promptly and safely all of its obligations under this Agreement;

(m) be just and faithful in the performance of its obligations under this Agreement, in its dealings with the public and in its dealings with the City and the City Representative;

(n) promptly pay amounts owing to the City under this Agreement when due; and

(o) pay all costs and expenses whatsoever associated with performing the Services and its other obligations under this Agreement

3. Term This Agreement shall commence on ____ and expire on _____________.

4. Contractor personnel The contractor will perform the services using only the personnel named in the contractor’s proposal, unless otherwise approved in writing by the City representative.

5. Warranty as to quality of services The contractor represents and warrants to the City that the contractor and the personnel have the education, training, skill, experience and resources necessary to perform the services in accordance with this agreement and the contractor acknowledges and agrees that the City has entered into this agreement relying on the representations and warranties in this section.

6. Remuneration and reimbursement The City shall pay the Contractor for the performance of the Services as follows:

[identify fees/disbursements or reference schedule or Contractor’s Proposal]

7. Taxes


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The City shall be responsible for paying any goods and services taxes, harmonized sales taxes and provincial sales taxes payable with respect to the provision of the services to the City.

8. Invoices & Payment Not more than once each month, the Contractor may deliver an invoice to the City, in respect of the immediately preceding month, setting out the aggregate amount of fees and disbursements claimed for Services performed in that preceding month. The City shall, to the extent the City is satisfied the fees and disbursements are for Services satisfactorily performed by the Contractor, pay the Contractor the fees and disbursements claimed in any invoice delivered in accordance with this section, within 30 days after delivery of such invoice to the City.

9. City's Representative The City appoints the City Representative(s) as the only person(s) authorized by the City to communicate with the Contractor in respect of this Agreement. The City shall not be bound to the Contractor by communication from any person other than the City Representative(s).

10. Indemnity The Contractor shall indemnify, and save harmless, the City, and its elected and appointed officials, employees, contractors and agents, from and against all claims, losses, damages, costs, expenses (including legal fees and disbursements), liabilities, actions and proceedings, suffered, made, incurred, sustained, brought, prosecuted, threatened to be brought or prosecuted, in any manner caused by, based upon, occasioned by or attributable to, any willful or negligent act or omission, or other actionable wrong, on the part of the Contractor, its employees, contractors or agents, connected with the performance or breach of this Agreement by the Contractor. The Contractor’s obligations under this section shall survive the expiry or earlier termination of this Agreement

11. Workers Compensation The Contractor shall, at all times, in providing the Services and otherwise performing its obligations under this Agreement, comply with the Workers Compensation Act (British Columbia) and all regulations and orders from time to time in force thereunder, including the Occupational Health and Safety Regulation, and, upon request from the City, provide evidence of any required registration under that Act and evidence of compliance with any requirement under that Act to make any payments or pay assessments.

12. Insurance Requirements The Contractor shall obtain and maintain during the currency of this Agreement commercial general liability insurance providing coverage for bodily injury, and property damage and all other losses arising out of or in connection with the provision of the Services in an amount not less than $5,000,000.00 per occurrence, or in such a greater amount as may be required by the City Representative from time to time, acting reasonably.

The Contractor shall cause all policies of insurance required to be taken out by it under this Agreement to be with insurance companies satisfactory to the City and to:

(a) name the City as additional insured;

(b) include that the City is protected notwithstanding any act, neglect or misrepresentation by the Contractor which might otherwise result in the avoidance of a claim and that such policies are not affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the insureds;


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(c) be issued by an insurance company entitled to carry on the business of insurance under the laws of British Columbia;

(d) be primary and noncontributing with respect to any policies carried by the City and shall provide that any coverage carried by the City is in excess coverage;

(e) not be cancelled or materially changed without the insurer providing the City with 30 days written notice stating when such cancellation or change is to be effective;

(f) be maintained for a period of 12 months per occurrence;

(g) not include a deductible greater than $5,000.00 per occurrence;

(h) include a cross liability clause; and

(i) be on other terms acceptable to the City Representative, acting reasonably.

13. Insurance Certificates The Contractor shall provide the City with certificates of insurance confirming the placement and maintenance of the insurance, promptly after a request to do so from time to time by the City.

14. City May Insure If the Contractor fails to insure as required, the City may effect the insurance in the name and at the expense of the Contractor and the Contractor shall promptly repay the City all costs incurred by the City in doing so. For clarity, the City has no obligation to effect such insurance.

15. Termination at City’s Discretion The City may, in its sole discretion and without reason, terminate this Agreement upon notice to the Contractor. If the City terminates this Agreement under this section, the Contractor shall be entitled to be paid for all Services satisfactorily performed by the Contractor up to the date of such termination in accordance with this Agreement. The Contractor is not entitled to, and irrevocably waives and releases the City from any and all claims for, any damages or compensation for costs incurred, loss of profit or loss of opportunity, directly or indirectly arising out of termination of this Agreement.

16. Termination for Default The City may terminate all, or any part of, the Services, by giving notice of termination to the Contractor, which is effective upon delivery of the notice, if:

(a) the Contractor breaches this Agreement and the Contractor has not cured the breach, within five days after notice of the breach is given to the Contractor by the City; or

(b) the Contractor becomes bankrupt or insolvent, a receiving order is made against the Contractor, an assignment is made for the benefit of its creditors, an order is made or resolution passed for the winding up or dissolution of the Contractor, or the Contractor takes the benefit of any enactment relating to bankrupt or insolvent debtors.

Without limiting any other right or remedy available to the City, if the City terminates part or all of the Services under this section, the City may arrange, upon such terms and conditions and in such manner as the City considers appropriate, for performance of all or any part of the Services remaining to be completed, and the Contractor shall be liable to the City for any expenses reasonably and necessarily incurred by the City in engaging the services of another person to perform those Services (including the amount by which the fees, disbursements and other costs


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payable by the City exceed those that would have been payable to the Contractor for completion of the Services under this Agreement). The City may set off against, and withhold from amounts due to the Contractor, such amounts as the City estimates shall be required to cover the City’s costs of correcting any breaches of the Contractor’s obligations under this Agreement and to be incurred by the City to complete all or any part of the Services.

17. Records The Contractor:

(a) shall keep proper accounts and records of its performance of the Services, including invoices, receipts and vouchers, which shall at all reasonable times be open to audit and inspection by the City, which may make copies and take extracts from the accounts and records;

(b) shall keep reasonably detailed records of performance of the Services, which shall at all reasonable times be open to inspection by the City, which may make copies and take extracts from the records;

(c) shall afford facilities and access to accounts and records for audit and inspection by the City and shall furnish the City with such information as the City may from time to time require regarding those documents; and

(d) shall preserve, and keep available for audit and inspection, all records described in this section for forever after completion of the Services, expiry of this Agreement or termination of this Agreement, whichever applies.

18. Copyright and Intellectual Property The Contractor irrevocably grants to the City the unrestricted license for the City to use and make copies of for the City’s purposes and activities any work whatsoever generated by or on behalf of the Contractor in performing the Services in which copyright may exist. Without limiting the foregoing, the Contractor irrevocably grants to the City the unrestricted license for the City to use for the City’s purposes and activities all technical information and intellectual property, including inventions, conceived or developed, or first actually reduced to practice, in performing the Services. For clarity, the licenses granted by this section shall survive the expiry or earlier termination of this Agreement.

19. Agreement for Services This is an agreement for the performance of services and the Contractor is engaged under this Agreement as an independent contractor for the sole purpose of providing the Services. This Agreement does not create a joint venture or partnership. Neither the Contractor nor any of its employees or contractors is engaged by the City as an agent of the City or has any authority to bind the City in any way whatsoever.

20. Withholding Taxes The Contractor will be pay and remit, and otherwise be responsible for, all withholding taxes, income taxes, Canada Pension Plan contributions, employment insurance deductions and any other deductions required by the applicable provincial or federal statutes for the Contractor and any of its employees. The Contractor agrees to indemnify and hold harmless the City should the City be required to pay any remittances described above.

21. Assignment The Contractor shall not assign this Agreement or the benefit hereof without the prior written consent of the City, at its sole discretion.


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22. Time of the Essence Time is of the essence of this Agreement.

23. Alternative Rights and Remedies Exercise by a party to this Agreement of any right or remedy of that party, whether granted in or under this Agreement or at law or equity, does not limit or affect any other right or remedy of any kind, whatever its source, that the party may have against the other party and does not affect the right of the party exercising the right or remedy to exercise other rights or remedies against the other party.

24. Notice Any notice, direction, demand, approval, certificate or waiver which may be or is required to be given under this Agreement shall be in writing and delivered personally or by courier or sent by fax or email, addressed as follows:

(a) City of Penticton 171 Main Street, Penticton, BC V2A 5A9 Fax Number: (250) 4902402 Attention: Chief Financial Officer

(b) Contractor address Fax Number: Attention:

or to such other address, email address or fax number of which notice has been given as provided in this section.

Any notice, direction, demand, approval or waiver delivered is to be considered given on the next business day after it is dispatched for delivery. Any notice, direction, demand, approval or waiver sent by fax or email is to be considered given on the day it is sent, if that day is a business day and if that day is not a business day, it is to be considered given on the next business day after the date it is sent. In this section, business day means a day other than a Saturday, Sunday or B.C. statutory holiday.

25. Interpretation and Governing Law In this Agreement

(a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise;

(b) reference to a particular numbered section or Schedule is a reference to the correspondingly numbered section or Schedule of this Agreement;

(c) the word "enactment" has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement;

(d) reference to any enactment is a reference to that enactment as amended, unless otherwise expressly provided;

(e) reference to a month is a reference to a calendar month; and


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(f) section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement.

This Agreement is governed by, and is to be interpreted according to, the laws of British Columbia.

26. Binding on Successors This Agreement enures to the benefit of and is binding upon the parties and their respective successors, trustees, administrators and receivers, despite any rule of law or equity to the contrary.

27. Entire Agreement This Agreement is the entire agreement between the parties and it terminates and supersedes all previous communications, representations, warranties, covenants and agreements, whether verbal or written, between the parties with respect to the subject matter of this Agreement.

28. Waiver Waiver of any default by either party shall be express and in writing to be effective, and a waiver of a particular default does not waive any other default.

As evidence of their agreement to be bound by this Agreement, the parties have executed this Agreement below, on the respective dates written below.

THE CORPORATON OF THE CITY OF PENTICTON by its authorized signatories:

Dan Ashton, Mayor

Karen Burley, Corporate Officer

[IF CONTRACTOR IS AN INDIVIDUAL]

Signed, Sealed and Delivered in the presence of:

Witness:

Address:

Occupation

) ) ) ) ) ) ) ) ) )

Name:

[IF CONTRACTOR IS A CORPORATION]


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by its authorized signatories:

Name:

Name: