request for proposals no. 1610 armoured car service rfp... · 2015-09-15 · all armoured cars and...

RFP No. 1610 Armoured Car Service

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REQUEST FOR PROPOSALS No. 1610

ARMOURED CAR SERVICE

Issue Date: September 15, 2015 Closing Time: Proposals must be received no later than 3:00 p.m. (15:00

hours), Pacific Time on Wednesday, September 30, 2015 (the “closing time”) at the “closing location”.

Closing Location: City of Nanaimo – Purchasing Department 2020 Labieux Road, Nanaimo, BC V9T 6J9 Phone: (250) 756-5319 Email for PDF files: [email protected]

(Please note: maximum email file size limit is 8MB, or less.)

Questions: Silvia Reid, SCMP Buyer Phone: (250) 756-5318 Email: [email protected] Confirmation Form: For any further distributed information about this Request

for Proposals (the “RFP”), please return the Confirmation Form attached as Appendix ‘D’. The City will attempt to send information directly to Respondents who have returned the Confirmation Form, but it is the responsibility of Respondents to ensure that all information has been received by monitoring regularly the City of Nanaimo website at (www.nanaimo.ca) and the BC Bid website at (www.bcbid.gov.bc.ca) up to the “closing time” of this RFP, for updates.

mailto:[email protected]


http://www.nanaimo.ca/

http://www.bcbid.gov.bc.ca/


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TABLE OF CONTENTS 1.0 Intent ............................................................................................................................. 3 2.0 Preparation and Key Content for Proposal Submission ........................................................ 3 3.0 Scope of Work and Requirements............................................................................ 4 - 7 4.0 Instructions to Respondents .................................................................................. 7 - 12 5.0 Evaluation and Selection Criteria .................................................................................12 6.0 Contract Conditions ............................................................................................. 13 - 16 Schedule 'A' Service and Frequency Schedule ........................................................................ 1 Appendix 'A' Commercial Vehicle Licencing Regulation Bylaw 2007 No. 7954 ................... 1 - 6 Appendix 'B' Fuel Consumption Worksheet Instructions ......................................................... 1 Appendix 'C' Contractor Reporting Fuel Consumption Worksheet .......................................... 1 Appendix 'D' Confirmation Form (Fillable Form) ..................................................................... 1 Appendix 'E' Proposal Response Content (Fillable Form) Appendix 'F' Daily Fee (Fillable Form)


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Section 1.0 Intent 1.1 The City of Nanaimo (the “City”) is seeking Proposals from qualified companies for the

purpose of providing scheduled “same day” armoured car service for cash in transit, cheques and financial documents between City facilities and “same day” deposit service to the City’s financial institution located at 63 Commercial Street Nanaimo, British Columbia. The City facilities include: Beban Park Recreation Centre, 2300 Bowen Road, Nanaimo, BC Bowen Park Complex, 500 Bowen Road, Nanaimo, BC Nanaimo Aquatic Centre, 741 Third Street, Nanaimo, BC Nanaimo Ice Centre, 751 Third Street, Nanaimo, BC Oliver Woods Community Centre, 6000 Oliver Road, Nanaimo, BC Police Operations Building, 303 Prideaux Street, Nanaimo, BC Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC

Respondents are required to satisfy themselves as to the location of the pick-up office, delivery destination and parking availability.

Section 2.0 Preparation and Key Content for Proposal Submission

2.1 Included with the RFP document are fillable forms:

Confirmation Form attached as Appendix ‘D’; Proposal Response Content attached as Appendix ‘E’; and Daily Fee attached as Appendix ‘F’.

2.2 In order to receive full consideration during evaluation, Appendix ‘E’ and Appendix ‘F’

should be completed and your Proposal should include the following, preferably in the same order as they are presented below: Table of Contents Letter of Introduction Include evidence of being an armoured car company operating in the Province of

British Columbia in accordance with the Province of British Columbia’s Security Services Act and Regulations.

Proof of Contractor’s employees current and valid security worker license to provide armoured car guard services with a current, valid Authorization to Carry (ATC) a restricted firearm (under the Firearms Act, Canada).

Copy of your Health and Safety Program and/or safe work plan 2.3 Please note the maximum file size limit is (8mb) for electronically submitted Proposals.

No links or attachments should be embedded in the Proposal response unless explicitly requested.

2.4 All responses are expected to be specific to the information requested.


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Section 3.0 Scope of Work and Requirements 3.1 Location of Facilities City facilities under this Contract include:

Beban Park Recreation Centre, 2300 Bowen Road, Nanaimo, BC Bowen Park Complex, 500 Bowen Road, Nanaimo, BC Nanaimo Aquatic Centre, 741 Third Street, Nanaimo, BC Nanaimo Ice Centre, 751 Third Street, Nanaimo, BC Oliver Woods Community Centre, 6000 Oliver Road, Nanaimo, BC Police Operations Building, 303 Prideaux Street, Nanaimo, BC Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC

3.2 The Contractor will be required to provide the armoured car service for facilities in accordance with the Service and Frequency Schedule attached as Schedule ‘A’. The armoured car service will include, but not be limited to: (a) pick up cash, cheques and other financial items from Bowen Park Complex,

Nanaimo Aquatic Centre, Nanaimo Ice Centre and Oliver Woods Community Centre for “same day” delivery to Beban Park Recreation Centre;

(b) pick up cash, cheques and other financial items from Police Operations Building for “same day” deposit to Bank of Nova Scotia;

(c) pick up cash, cheques and other financial items from Service and Resource Centre for “same day” deposit to Bank of Nova Scotia and pick up financial documents from the Bank of Nova Scotia for next day delivery to Service and Resource Centre;

(d) pick up cash, cheques and other financial items from Beban Park Recreation Centre for “same day” deposit to Bank of Nova Scotia;

The City has the right to delete or add facilities or reduce or increase frequency throughout the term of the Contract based on operational needs. A daily reduction or daily increase in armoured car service will be at the daily fee stated in Appendix ‘F’. Example of increasing armoured car service: During tax season (May - July of each year) the Service and Resource Centre may request (1) additional pick-up for “same day” deposit to Bank of Nova Scotia. The City will provide (24) hour notice. In 2015 additional pick-ups were required for (2) weeks. Example of reduction of armoured car service: Changes to the programming schedule at a facility. For a reduction in armoured car service due to a change in programming schedule, the City will provide (15) calendar days notice.

3.3 Fob (Applicable to Service and Resource Centre)

The Contractor will be issued one (1) fob for access to the Finance Department on the 1st floor at the Service and Resource Centre, of which no duplicates shall be made. No additional fobs will be issued to the Contractor. If fobs are lost, the Contractor will inform the City’s Contract Administrator immediately and the Contractor will be responsible for any costs associated with replacing the fob.

3.4 The Contractor:

(a) must be an Armoured Car Company operating in the Province of British Columbia in accordance with the Security Armoured car Services Act;

(b) will perform the armoured car service in adherence to the guidelines of the Security Armoured Car Services Act as well as the licensing requirements for the armoured car service;

(c) will supply printed receipts for all pickups;


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(d) should be an established and financially stable company that has been providing armoured car service for at least (3) years, with a positive cash flow position;

(e) should have a continuous core of regular employees that provide the armoured car service on a regular and stable basis and access to a number of on-call employees, being cognisant all the time of the requirements of the security protocols associated with the Act governing the armoured car service;

(f) should have a plan to ensure continuous armoured car service seamlessly (i.e. no disruption to the City) in the event of employee illness, vacations, or unforeseen absences;

(g) assign an Account Manager who will assume primary responsibility for the management of this Contract and should have sufficient authority to act on behalf of the Contractor with respect to ensuring appropriate performance in the delivery of the armoured car service. This person should have reasonable experience with armoured car service. There should be an available backup that would be apprised of any issues related to the Contract in the event the primary contact is not available; and

(h) an Account Manager and back up appointed will be expected to be available during the City’s core hours of business (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding statutory holidays) and the City expects to be able to reach/contact that individual within one (1) hour via telephone, cellular, email or pager.

3.5 Average transit liability for each pick-up:

City Facility Cash Cheque Reconstruction

Maximum Daily Loss of Interest

Beban Park Complex $50,000 $5,000 $500 Bowen Park Complex $25,000 Nanaimo Aquatic Centre $25,000 Nanaimo Ice Centre $25,000 Oliver Woods Recreation Centre $25,000 Police Operations Building $25,000 Service and Resource Centre $50,000 $5,000 $500

3.6 Commercial Vehicle Licence Decal

All vehicles used by a person on a highway within the City of Nanaimo boundaries, which is: 1) a commercial vehicle defined by, and licences under the Commercial Transport Act;

or 2) a vehicle not so licenced that is used for the collection, delivery, or both, of

merchandise or other commodity in the ordinary course of a business undertaking, require a Commercial Vehicle Licence Decal. Commercial Vehicle Licence Decals can be purchased from the Finance Department, located on the first floor of the Service and Resource Centre at 411 Dunsmuir Street, Nanaimo, BC. The required fees are based on the gross vehicle weight (GVW).

Commercial Vehicles must adhere to the City of Nanaimo “Commercial Vehicle Licencing Regulation Bylaw 2007 No. 7954”, including all amendments (latest version) attached as Appendix ‘A’.


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3.7 Licenses and Permit The Contractor shall be the holder of a valid security license for armoured car services as per the Province of British Columbia’s Security Armoured Car Services Act and Regulations. The Contractor shall employ individuals with a current and valid security worker license to provide armoured car service with a current, valid Authorization to Carry (ATC) a restricted firearm (under the Firearms Act, Canada).

3.8 Requirements of Ministry of Attorney General’s Office (British Columbia) The Contractor must comply with the British Columbia Provincial Security Services Acts and Regulations including amendments and latest revisions. All armoured cars and guards (Contractors employees) must meet specifications as required the Ministry of Attorney General’s Office (British Columbia.

3.9 Late Deposit

In the event that the Contractor fails to meet the guaranteed “same day” deposit at the Bank of Nova Scotia, the Contractor shall be liable for all daily loss of interest which would have been earned, or penalties levied for late deposit of payment.

3.10 Throughout the Contract term the Contractor will provide to each facility for the purpose

of identification a list of all employees that are presently authorized to call for pick-ups. This list will include a picture, first and last name, license number and expiry date and will be updated if there are any changes in armoured car guards.

3.11 All Contractors employees who are providing an armoured car service must wear a

uniform that displays the name of the person who has employed or engaged the licensee.

3.12 Throughout the Contract term, the Contractor will maintain a high level of security and

confidentiality. 3.13 Vehicles used by the Contractor will be expected to be equipped with communication

devices such as cellular telephones, radiophones, etc. for use in cases of emergency. 3.14 Insurances

The Contractor must, without limiting the Contractor’s obligations or liabilities and at the Contractor’s own expense, purchase and maintain throughout the Contract term the following insurances with insurers licensed in Canada in forms and amounts acceptable to the City: (a) Commercial General Liability in an amount not less than $2,000,000.00 inclusive

per occurrence against bodily injury, personal injury and property damage and including liability assumed under the Contract and this insurance must (i) include the City of Nanaimo as an additional insured, (ii) be endorsed to provide the City of Nanaimo with 30 days advance written

notice of cancellation or material change, and (iii) include a cross liability clause.

(b) Automobile Liability on all vehicles owned, operated or licensed by the Company in an amount not less than $2,000,000.00 per occurrence, and where applicable this

insurance may be evidenced on an ICBC Confirmation of Insurance Coverage (APV 47) form.


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(c) Comprehensive Dishonesty, Disappearance and Destruction Insurance covering any or all persons used or employed by the Contractor for the provision of armoured car service under the Contract in an amount not less than $50,000.00

per claim arising out of any dishonest or fraudulent act that results in the loss of money, securities or other property of the City of Nanaimo or for which the City of Nanaimo is responsible, and whether located inside or outside of a City facility. This insurance must protect the City of Nanaimo by way of a "third party endorsement" and be endorsed to provide the City of Nanaimo with (30) days advance written notice of cancellation or material change.

All such policies of insurance shall have the following provisions or characteristics:

(a) they shall not be affected or invalidated by any act, omission or negligence of any third party that is not within the knowledge or control of the insured; and

(b) The Company agrees to bear the full cost of insured losses below any applicable deductible amounts, which may not exceed $5,000.00 for any one occurrence or such other sum agreed to and confirmed in writing between the parties to this Agreement.

All insurance described in clause 3.14 must:

(a) be primary; and (b) not require the sharing of any loss by any insurer of the City of Nanaimo.

The Contractor must provide the City of Nanaimo with evidence of all required insurance

as follows: (a) within (5) Business Days of commencement of the armoured car service, the

Contractor must provide to the City of Nanaimo evidence of all required insurance; and

(b) if any required insurance policy expires before the end of the Contract term, the Contractor must provide to the City of Nanaimo within (10) Business Days of the policy’s expiration, evidence of a new or renewal policy meeting the requirements of the expired insurance.

The Contractor must obtain, maintain and pay for any additional insurance which the

Contractor is required by law to carry, or which the Contractor considers necessary to cover risks not otherwise covered by insurance specified in this clause 3.14 in the Contractor’s sole discretion.

Section 4.0 Instructions to Respondents 4.1 Mandatory Requirements

The City will only consider Proposals from Respondents that meet the following mandatory requirements: (1) Proposals must be received no later than the “closing time”, at the “closing location”

of this RFP; and (2) Respondent must provide a copy of the certificate issued by the Province of British

Columbia that confirms that the Respondent is operating an armoured car service in accordance with appropriate regulations.


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4.2 Key dates to be noted:

Event Dates Issue RFP documents September 15, 2015 Deadline for Respondents to Submit Questions

September 25, 2015

Closing Time for Proposal Submission

Must be received at the “closing location” no later than 3:00 p.m. (15:00 hrs) Pacific Time, Wednesday, September 30, 2015*

Evaluation and Selection Week of October 5, 2015* Notice of Intent to Award October 16, 2015* Contract Start Date November 1, 2015

*Dates are subject to change.

4.3 Definitions Throughout this Request for Proposals the following definitions will apply:

“City” means the City of Nanaimo. “Contract” means the written Agreement resulting from this RFP executed by the

City of Nanaimo and the Contractor. “Contractor” means the successful Respondent to this RFP who enters into a

written Agreement with the City. “facility” or plural thereof means a City facility identified in Section 3.0, clause 3.1,

as may be amended from time to time. “must” “mandatory” “shall” means a requirement that must be met in order for a

Proposal to receive consideration. “Proposal” or plural thereof means a Proposal submitted in response to the RFP. “RFP” means this Request for Proposals. “Respondent” or plural thereof means the person, Contractor or corporation

submitting a Proposal to this RFP. “armoured car service” or plural thereof means the armoured transportation and

related services to be provided to the City, as generally described in Section 3.0 Scope of Work and Requirements and Schedule ‘A’ Service and Frequency Schedule, and elsewhere in the RFT document, at the daily fee submitted on Appendix ‘F’.

“same day” means “same day” armoured car service for City facilities in accordance with the timeframes and frequency identified in Schedule ‘A’.

4.4 Closing Time and Closing Location

Proposals must be received by the Purchasing Department no later than 3:00 p.m. (15:00 hrs), Pacific Time, Wednesday, September 30, 2015 (the “closing time”) by one (1) of the following two (2) methods: (1) By hand/courier delivery to the only acceptable address and department:

Purchasing Department, 2020 Labieux Road, Nanaimo, BC V9T 6J9, clearly marked “RFP No. 1610 Armoured Car Service” attention: Silvia Reid, Buyer and include one (1) hard copy of the Proposal and one (1) electronic version on CD, DVD or Memory Stick. Hard copy and electronic version should be identical to each other. The City of Nanaimo will not be liable for any discrepancy between the hard copy submission and the electronic version. OR

(2) Electronically submitted at the only acceptable email address: [email protected] Please note: Maximum email file size limit is 8MB, or less.



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Late Proposals or Proposals received by facsimile will not be considered. It is the Respondent’s sole responsibility to ensure their Proposal is received when, where and how it is specified in this RFP document. The City of Nanaimo is not responsible for lost, misplaced or incorrectly delivered Proposals. The wall clock in the Purchasing Department Office is the official time piece for the receipt of all Proposals delivered by hand/courier. Electronically submitted Proposals shall be deemed to be successfully received when displayed as new email has been received by the Purchasing Department at the City of Nanaimo. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, etc.

4.5 Accuracy of Information

The City makes no representation or warranty; either expressed or implied, with respect to the accuracy or completeness of any information contained or referred to in this RFP.

4.6 Responsibility of Respondent

(a) Each Respondent is responsible for informing themselves as to the contents and requirements of this RFP. Each Respondent is solely responsible to ensure that they have obtained and considered all information necessary to understand the requirements of the RFP and to prepare and submit their Proposal. The City will not be responsible for any loss, damage or expense incurred by a Respondent as a result of any inaccuracy or incompleteness in this RFP, or as a result of any misunderstanding or misinterpretation of the terms of this RFP on the part of any Respondent.

(b) Respondents are required to satisfy themselves as to the location of the pick-up office, delivery destination and parking availability.

(c) If a Respondent is in doubt as to the true meaning on any part of this RFP, or finds omissions, discrepancies or ambiguities, a request for interpretation or correction should be submitted to the contact person identified in clause 4.7 noted below.

(d) By submitting a Proposal, the Respondent represents that it has the expertise, qualifications, resources, licenses and relevant experience to perform the armoured car service.

4.7 Questions related to this RFP

If a Respondent is in doubt as to the intended meaning of any part of the RFP document, or finds errors, omissions, discrepancies or ambiguities, a request for interpretation or correction must be submitted in writing to:

Silvia Reid, SCMP Buyer Phone: (250) 756-5318 Email: [email protected]

Questions after September 25, 2015 Pacific Time will only be answered at the discretion of the City, if time permits. If deemed necessary by the City, an addendum will be issued in accordance with clause 4.8 noted below. Information obtained from any other source is not official and is not to be relied upon. No oral conversation will affect or modify the terms of this RFP.

4.8 Addenda

If deemed necessary by the City, any new or additional information will be issued by the City in the form of an Addendum, which shall form part of this RFP. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Respondent. Any Addenda issued to this RFP will be posted on the City of Nanaimo website at (www.nanaimo.ca) and the BC Bid website at (www.bcbid.gov.bc.ca). It is the


http://www.nanaimo.ca/

http://www.bcbid.gov.bc.ca/


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sole responsibility of the Respondents to monitor these websites for all posted changes to the original RFP document up to the “closing time” of this RFP. Upon submitted a Proposal, Respondents will be deemed to have received notice of all addenda issued.

4.9 Respondent Costs

Respondents shall be solely responsible for their own expenses in preparing a Proposal, attending site meetings, presentations, demonstrations, interviews and subsequent negotiations with the City, if any. The City shall, in no circumstance, be liable to compensate Respondents for such costs, and by submitting a Proposal each Respondent shall be deemed to have agreed that it has no claim.

4.10 Revisions to Proposals or Withdrawal

(a) Respondent is entitled to amend its Proposal at any time before the “closing time” for submission of Proposals and must be received at the “closing location” as set out above in clause 4.4).

(b) Respondent may withdraw their Proposal at any time prior to the Proposal “closing time” by submitting a written withdrawal letter to the Purchasing Department via email: [email protected], attention: Silvia Reid, Buyer.

4.11 Conflict of Interest

By submitting a Proposal, the Respondent warrants that neither it nor any of its officers, directors, employees or subcontractors, has any financial or personal relationship or affiliation with any elected official or employee of the City or their immediate families which might in any way be seen or perceived (in the City’s sole and unfettered discretion) to create a conflict of interest.

4.12 Solicitation of Council Members and City Staff

Respondents and their agents will not contact any member of the City Council or City Staff with respect to this RFP, other than the City contact named in this document.

4.13 No Collusion Respondents must not communicate, directly or indirectly, with any other Respondents

(including through any employees, agents or Contractors) regarding the preparation, content or submission of its Proposal. Each Proposal must be submitted without any collusion, or knowledge, in the preparation of or about any other Proposal. Submission of a Proposal to the City is deemed to be a representation and warranty by the Respondent submitting that Proposal, that it has complied with the requirements of this paragraph. If the City determines that a Respondent has violated this paragraph, the City is entitled to disqualify that Respondent and to reject its Proposal as being invalid.

4.14 No Contractual or Legal Obligations

The RFP documents are not intended to constitute, or be interpreted, as, a call for tenders, and the submission of a Proposal is not intended to create any contractual or other legal obligations or duties whatsoever owed to any Respondent by the City, including any obligation or duty to accept or reject a Proposal, to enter into negotiations or decline to enter into or continue negotiations, or to award or not award a Contract. Without restricting the generality of the foregoing, no contractual relations shall exist between the City and any Respondent until the execution of a written Agreement by the City with that Respondent.



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4.15 Acceptance of Proposals (a) Neither acceptance of a Proposal nor execution of a Contract will constitute approval

of any activity or development contemplated in any Proposal that requires any approval, permit or license pursuant to any federal, provincial, regional district or municipal statute, regulation or by-law.

(b) The City reserves the right to reject any and all Proposals for any reason or to accept any Proposal in whole or in part on the basis of the Proposals received which the City, in its sole unrestricted discretion, deems to be the best value for the City.

(c) Respondents acknowledge the City’s rights under this clause and absolutely waive any right of action against the City for the City failure to accept their Proposals whether such right of action arises in contract, negligence, bad faith or any other cause of action.

(d) The City is under no obligation to award any Contract as a result of this RFP and reserves the right to cancel the RFP process at any time before or after the “closing time” and may issue a new RFP, and re-solicit with or without any change being made to the RFP documents or take other actions, as appropriate, if considered in the best interests of the City. The City will not be responsible for any loss, damage, cost or expense incurred or suffered by any Respondent as a result of such cancellation.

(e) The City reserves the right to enter into negotiations with one or more Respondents concerning the terms and conditions of the armoured car service to be provided, and expressly reserves the right through such negotiations to request changes, alterations, additions or deletions from the terms of any Proposals received.

(f) The acceptance of any Proposal is subject to funding and approval in accordance with the in accordance with the City’s Purchasing Policy (Bylaw No. 7175).

(g) Any award of a Contract will be subject to satisfactory reference checks, as solely determined by the City.

4.16 Litigation Clause

The City may, in its absolute discretion, reject a Proposal submitted by Respondents if the Respondent, or any officer or director of the Respondent is or has been engaged either directly or indirectly through another corporation in a legal action against the City, its elected or appointed officers and employees in relation to:

(a) Any other Contract for works or Services; or (b) Any matter arising from the City’s exercise of its powers, duties or functions under

the Local Government Act for another enactment within five years of the date of this Request for Proposals.

In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the Respondent’s ability to work with the City, its consultants and representatives and whether the City’s experience with the Respondent indicates that the City is likely to incur increased employees and legal costs in the administration of this Contract if it is awarded to the Respondent.

4.17 Ownership of Proposals and Freedom of Information and Protection of Privacy

Act All Proposals submitted become the property of the City, and as such are subject to the provisions of British Columbia’s Freedom of Information and Protection of Privacy Act. Respondents who wish to ensure particular parts of their Proposal are protected from disclosure under the Act should specifically identify any information or records provided with their Proposal that constitute trade secrets, and that are supplied in confidence, and the release of which could significantly harm their competitive position.


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Information that does not meet all three of the foregoing categories may be subject to disclose to third parties. Please refer to the Freedom of Information and Protection of Privacy Act for further information.

4.18 Debriefing

At the conclusion of this RFP process, all Respondents will be notified. Unsuccessful Respondents may request a debriefing meeting with the City within (30) days following award.

4.19 Public Opening There will be no public opening for this RFP. Section 5.0 Evaluation and Selection Criteria

5.1 An evaluation team comprising of City staff will evaluate all Proposals which meet the

mandatory requirements as identified in Section Four, clause 4.1 noted above. Compliant Proposals will be evaluated against the evaluation criteria identified below.

Evaluation Criteria Maximum Points

Experience, qualifications, capability, corporate responsibility and feedback from references. For this evaluation criterion, the evaluation team will give particular reference to the Proposal response to Appendix ‘E’, Section 1.0, Company Profile, including any attachments which are relevant.

25

Ability to meet the requirements provided for in the scope of work. For this evaluation criterion, the evaluation team will give particular reference to the Proposal response to Appendix ‘E’, Section 2.0, Service Requirements, including any attachments which are relevant.

25

Cost to the City. 50 Total Points 100

5.2 The intent is to enter in a Contract with the Respondent with the highest scoring

Proposal. Notwithstanding the foregoing, the City reserves the right to award the Contract to the Respondent other than the one with the most points, if, in the City’s sole opinion, another Proposal offers the best value for the armoured car service requested, taking into consideration the evaluation criteria of the RFP.

5.3 Preference shall be given to Contractors located within the Regional District of Nanaimo

where quality, service and price are equivalent. 5.4 The City reserves the right to request clarification of the Proposals without becoming

obligated to offer the same opportunity to any other Respondents. The evaluation team may consider such clarifications in evaluating Proposals. A request for clarification will not entitle a Respondent to revise, resubmit, alter or amend its Proposal.

5.5 For the purposes of Proposal evaluation, the evaluation team may take into account any

or all of the information received from Respondents under or pursuant to the RFP Documents, the City’s knowledge of, and past experience with, Respondent (including Respondent’s performance on previous contracts with the City, if any). The evaluation team may consider other criteria that the team identified as relevant during the evaluation process; however any criteria considered will be applied evenly and fairly to all Proposals.


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Section 6.0 Contract Conditions By submission of a Proposal, the Respondent agrees that should its Proposal be successful, the Respondent will enter into a Contract with the City that subject to negotiation and may include, but not be limited to, the following selected Contract clauses: Term

The proposed Contract is for a three (3) year term with an option to extend at the sole discretion of the City with the same Contractor for a further two one-year terms upon successful negotiation of rates and terms between the parties.

Business License At its own expense the Contractor and any approved sub-contractors shall obtain and

maintain a current City of Nanaimo or Inter-Community Business Licence prior to the commencement of any Contract and this requires to be updated annually until Contract expiry.

Invoicing and Payment

The City requires as a minimum for invoices to include: (a) the Agreement and Purchase Order number; (b) a separate line for each facility including month & number of days the armoured car

services was performed; (c) a separate line for each facility requesting additional armoured car services,

including month & number of days; (d) unit prices and extended totals; and (e) fuel surcharge and applicable taxes are shown as a separate line item. The City’s payment terms are NET (30) days from receipt of invoice for monthly armoured car services performed in arrears. The City reserves the right to reject and/or return invoices containing discrepancies for correction and/or re-invoicing.

Governing Law and Jurisdiction

(a) This Agreement is governed by and must be construed in accordance with the laws of the Province of British Columbia.

(b) This Agreement is subject to the exclusive jurisdiction of the courts in the Province of British Columbia.

Compliance with Laws and Permits

The Contractor shall during the term of the Contract: a) At its own expense, obtain and maintain all licenses, certificates, permits, and

authorizations necessary and required to perform the armoured car service, and give all notices required to perform its obligations;

b) Observe, perform and comply with all laws, by-laws, regulations and directives of all governmental authorities including, but not limited to, all Provincial and Federal laws and including applicable Workers’ Compensation legislation required for the execution of the armoured car service and performance of the armoured car service requested in this RFP 1610; and

c) Notify the City of any changes to laws, by-laws, regulations, codes, standards and orders applicable to the armoured car service being performed.


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Compliance with WorkSafeBC (a) During the term of the Contract, and as a condition of providing the armoured car

services, the Contractor will strictly comply with all rules and regulations under the Worker’s Compensation Act or any successor legislation and must ensure that all persons employed or engaged by the Contractor are covered under the British Columbia Workers’ Compensation Act. The Contractor agrees that the Contractor’s WorkSafe BC account shall be kept current and in good standing at all times during the term of the Contract. All premiums and other costs associated with doing so shall be borne by the Contractor.

(b) The Contractor will be responsible and ensure that all sub-contractors conform and comply with all rules and regulations under the Worker’s Compensation Act or any successor legislation and that all persons employed or engaged by the sub-contractor are covered under the British Columbia Worker’s Compensation Act.

Code of Conduct Applicable to all employees of the Contractor and City approved sub-contractors who are

assigned to perform the armoured car service under this Contract: (a) Carry out their responsibilities in a professional and competent manner. (b) Continue to improve their knowledge, competence, skills, and professional ability. (c) Be aware of and abide by the British Columbia Human Rights Code. (d) Not engage in any action or conduct or make any comment, gesture, or contact

which a reasonable person would regard as likely to cause offence or humiliation to anyone, whether in the workplace or any other location.

(e) Act, and be perceived by the public to act, in a fair and impartial manner in the performance of their duties or provision of armoured car service.

(f) Not make any public comments that denigrate, disparage, or are disrespectful of the City, employees, and elected officials, and refrain from making negative comments about the credibility of the City, employees, and elected officials.

(g) Conduct themselves in a friendly, courteous, and professional manner when dealing with the public.”

Contractor Fuel Reporting Consumption

Commencing on the Agreement effective date, the Contractor will be required to communicate the quantity of fuel used to operate vehicles, equipment, and machinery as part of the delivery of the armoured car service on an annual basis, in accordance with Fuel Consumption Worksheet Instructions attached as Appendix ‘B’ and Contractor Reporting Fuel Consumption Worksheet attached as Appendix ‘C’.

Minimum Rate of Pay – Not Applicable

The Collective Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401 says that: Article 31 – Contract or Sub-Contracts Every Contract made by the Employer for construction, remodelling, repair, or, demolition of any municipal works or for providing any municipal armoured car service or function shall be subject to the following condition: “Minimum rate of pay for work performed under this Contract or under Sub-contract shall be as classified in the current Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401.”


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Sub-contracting The Contractor shall not sub-contract any portion of the armoured car service under this Contract except as those subcontractors listed in their Proposal submission. Additional sub-contractors will not be added, nor other changes made, to this list in the Contract without the prior written consent of the City. Performance of the armoured car service or any part thereof by any subcontractor does not relieve the Contractor of any of its obligations under the Contract, and the Contractor shall take overall responsibility for the successful delivery of the armoured car service. The Contractor is fully responsible for any armoured car service performed by a subcontractor and will ensure that all subcontractors adhere to all terms and conditions set out in the Contract. The City shall not have any obligation towards any subcontractor.

Force Majeure (a) Neither party shall be responsible for any delay or failure to perform its obligations

under this Contract where such delay or failure is due to fire, flood, explosion, war, embargo, governmental action, Act of Public Authority, Act of God or to any other cause beyond its control, except labour disruption.

(b) In the event Force Majeure occurs, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause.

(c) Should the Force Majeure event last longer than (30) calendar days, the City may terminate this Contract immediately by written notice to the Contractorr without further liability, expense, or cost of any kind.

Breach of Contract An excessive number of missed “same day” pick-up or “same day” delivery” or “same

day” deposit will constitute a breach of Contract and will be subject to cancellation of this Contract upon thirty (30) days’ notice. Excessive shall be at the sole determination of the City.

Default and Termination of Contract

.1 If the Contractor fails to perform the armoured car service in a manner satisfactory to the City, then the City may give the Contractor written notice stating the default and requiring it to be rectified. If the Contractor does not rectify the default within fifteen (5) business days after the notice is given, the City may do any or all of the following at any time in its sole discretion: a) suspend armoured car service with the Contractor until such time as the

default is rectified. Under these circumstances all payments due under the terms of the Contract will be adjusted accordingly;

b) perform or retain the armoured car service of a third party to perform that portion of the armoured car service which constitutes the default. The Contractor shall be responsible for all costs incurred by the City associated with performing the armoured car service or having the armoured car service performed by a third party under this paragraph, and the City shall be entitled to set off these costs against any amount due to the Contractor by the City;

c) terminate the Contract upon fifteen (30) days’ written notice to the Contractor; or

d) pursue any other remedies to which the City may be entitled at law or in equity.


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.2 Termination .1 The City may terminate the Contract, immediately and without liability by

given written notice to the Contractor if the Contractor: a) files a voluntary petition in bankruptcy or is adjudged bankrupt; b) becomes insolvent or suspends its business; c) has a trustee or receiver appointed for all or most of its assets or

business; d) assigns its assets for the benefit of its creditors other than as required

in the ordinary course of business; or e) materially changes its ownership or assets.

.2 More than two occurrences of inaccuracies per contract year may result in the armoured car service being terminated; or

.3 In addition to the City’s rights under this clause, the City may terminate the Contract at any time upon sixty (60) days’ written notice to the Contractor with or without cause. In the event of such termination, the City will be under no further obligation to the Contractor except to pay to the Contractor the amount that the Contractor may be entitled to receive for armoured car service provided under the Contract up to the date of termination.

Independent Contractor

This Contract is a contract for armoured car service only, and does not establish a relationship of employment, partnership, agency or joint venture.

Dispute Resolution

In the event of a dispute arising between the City and the Contractor as to their respective rights and obligations under the Agreement, both parties agree to resolve the dispute by: (a) Frank and open negotiations whereby both parties use their best efforts to resolve

the dispute by mutual agreement including the most Senior Management of both parties.

(b) If, after thirty (30) calendar days, the dispute is not resolved, both parties agree to appoint a mediator to resolve the dispute. All costs to be split equally.

(c) If, after the mediation process is complete and the dispute is not resolved, the parties

shall proceed to arbitrations following the rules of procedures as per the British Columbia International Commercial Arbitration Centre located in Vancouver, BC. All costs, with the exception of legal fees, shall be borne equally.

Assignment

The Contractor shall not, without the express written consent of the City, assign this Contract, or any portion of this Contract.

Time of the Essence

Time is of the essence for this Contract and all armoured car service performed relative to this Agreement.

SCHEDULE 'A' SERVICE AND FREQUENCY SCHEDULE

FACILITY NAME LOCATION PICK UP OFFICE ADDRESS PICK UP TIME DESTINATIONDESTINATION

DELIVERY TIME FREQUENCYBeban Park Recreation Centre Nanaimo

Pool Building - Main Reception 2300 Bowen Road

No earlier than 1:00 PM

Bank of Nova Scotia, 63 Commercial Street

No Later than 3:30 PM

Monday - Friday excluding statutory holidays

Bowen Park Complex NanaimoUpper Entrance (Bowen & Howard) 500 Bowen Road

No earlier than 9:00 AM

Beban Park Recreation Centre, (Pool Building, Main Reception, 2300 Bowen Road

No later than 10:45 AM


Nanaimo Aquatic Centre Nanaimo Main Reception 741 Third StreetNo earlier than 7:00

AM




Nanaimo Ice Centre Nanaimo Main Reception 751 Third StreetNo earlier than 8:30

AM




Oliver Woods Community Centre Nanaimo Main Reception 6000 Oliver Road

No earlier than 8:30 AM




Police Operations Building Nanaimo Main Reception 303 Prideaux StreetNo earlier than10:00

AMBank of Nova Scotia, 63 Commercial Street

No later than 3:30 PM

Every second Thursday commencing November 5, 2015

Service and Resource Centre *** Nanaimo

1st Floor Finance Department 411 Dunsmuir Street

No earlier than 11:30 AM***

Bank of Nova Scotia, 63 Commercial Street

No later than 3:30 PM

Monday - Friday excluding statutory holidays - Daily Fee includes pick up financial documents at Bank of Nova Scotia for next day delivery to Service and Resource Centre

Morning pick up: Between 10:00 AM - 11AM Afternoon pick-up: No earlier than 2:00 PM

This schedule includes a listing of facilities, the frequency, including pick up location & office & pick up time, destination & destination time for armoured car service.

***Note: During tax season the Service and Resource Centre will require (1) additional pick-up for "same day" deposit no later than 3:30 PM to Bank of Nova Scotia, 63 Commercial Street. The City will provide 24-hour notice and the following schedule will apply each day extra service is requested by the City. In 2015 additional pickups were required for (2) weeks.

“COMMERCIAL VEHICLE LICENCING REGULATION

BYLAW 2007 NO. 7054”

Consolidated Version

2015-MAY-04 Includes Amendment: 7054.01

APPENDIX 'A' COMMERCIAL VEHICLE LICENCING REGULATION BYLAW 2007 NO. 7054

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CITY OF NANAIMO

BYLAW NO. 7054

A BYLAW TO PROVIDE FOR THE LICENCING OF COMMERCIAL VEHICLES OPERATING WITHIN THE CITY OF NANAIMO

WHEREAS the Council of the City of Nanaimo may by bylaw, pursuant to Part 20 of the Local Government Act, to licence commercial vehicles operating within the City of Nanaimo; AND WHEREAS the Council declares that Part 20 of the Local Government Act applies to the City of Nanaimo. THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo in open meeting assembled, hereby ENACTS AS FOLLOWS: 1. Title

This Bylaw may be cited as the “COMMERCIAL VEHICLE LICENCING REGULATION

BYLAW 2007 NO. 7054”. 2. Interpretation

“City” Means the City of Nanaimo

“Director of Finance” Means municipal officer assigned responsibility by

Council under the Local Government Act.

“Gross Vehicle Weight (G.V.W.)”

Means the weight of a vehicle without the load plus the weight of any load therein, as licenced under Commercial Transport Act or Motor Vehicle Act.

“Highway” Includes every highway within the meaning of the Transportation Act and every road, street, lane or right-of-way designed or intended for or used by the general public for the passage of vehicles and every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited.”

“Licence Plate” Means a commercial vehicle licence decal issued under Part 20 of the Local Government Act.

“Licence Year” Means the period of time defined in the Local Government Act s.664.

“Owner” Includes a person in possession of a motor vehicle under a contract by which he may become its owner on full compliance with the contract.


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Bylaw 7054 - Consolidated Page 2

“Owner’s Certificate” Means and owner’s certificate as defined in the Insurance (Motor Vehicle) Act.

“Participating Municipality” Means a municipality in which a bylaw is in force declaring that Part 20 of the Local Government Act applies in that Municipality.

“Peace Officer” means a bylaw enforcement officer appointed by Council or an RCMP officer authorized to enforce the provisions of this bylaw. (Bylaw No. 7054.01)

“Vehicle” Means a vehicle used by a person on a highway in a

participating municipality which is a commercial vehicle defined as such by and licensed under the Commercial Transport Act and a vehicle not so licensed by which is used for the collection or delivery, or both, of merchandise or other commodity in the ordinary course of a business undertaking.

3. No person shall drive or operate a vehicle other than a vehicle exempt under

Section 12(1) of this Bylaw on a highway within the City of Nanaimo, unless there is displayed on the vehicle a valid and subsisting licence plate, issued in accordance with this Bylaw, for the vehicle. (Bylaw No. 7054.01)

4. The owner of a vehicle requiring a licence plate or operating under an agreement under

the Commercial Transport Act shall:

(1) make an application as outlined in Schedule “A” to this Bylaw;

(2) provide an owner’s certificate for the vehicle to which the application applies; and

(3) pay the fees as prescribed by the program administered by the Union of British Columbia Municipalities.

5. All fees collected under this bylaw and in accordance with Division 3 of Part 20 of the

Local Government Act shall be forwarded to the Director of Finance, who shall deal with them in the manner provided for by the said Act.

6. Upon receipt of the completed application and prescribed fee, a licence plate will be

issued. 7. The licence plate issued under Section 6, shall be affixed to the inside of the front

windshield in the upper centre (behind the rear-view mirror in most cases) of the vehicle to which it applies.

8. Where the owner ceases to be the owner of a vehicle to which a licence plate has been

issued, the owner shall remove the licence plate and return it to the City for destruction.


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9. A licence plate may be transferred from:

(1) person to person for the same vehicle, provided that: (a) an application form is completed as noted in Section 4; and, (b) a fee of $6.25 is paid to the City.

(2) vehicle to vehicle for the same person, provided that:

(a) the old licence plate is returned to the City for destruction (b) an application form is completed and noted in Section 4; and, (c) a fee of $6.25 is paid to the City, and any sum representing the difference

in licence fee required for the transfer of a licence plate to a vehicle of a greater g.v.w. and the latter sum is deemed to be a licence fee for the purpose of Part 20 of the Local Government Act.

10. Where a licence plate becomes illegible or mutilated, the owner may apply to the City for

a replacement, providing:

(1) the licence plate is returned to the City; (2) a new application form as outlined in Section 4 is completed.

11. A licence plate issued by the municipality is valid in every municipality for the current

licence year. 12. Penalty:

(1) The owner or operator of a vehicle, other than a vehicle exempt under Section 667 of the Local Government Act, who operates or uses or causes the vehicle to be operated or used on a highway in a participating municipality without holding and displaying a valid and subsisting licence plate for the vehicle commits an offence and may be subject to a fine as prescribed by the program administered by the Union of British Columbia Municipalities and attached as Schedule ‘B’. (Bylaw No. 7054.01)

(2) A person who displays or causes to be displayed a licence plate on a vehicle not authorized to have it displayed on a vehicle, commits an offence and may be subject to a fine a prescribed by the program administered by the Union of British Columbia Municipalities and attached as Schedule ‘B’ and the licence plate may be seized by any peace officer. (Bylaw No. 7054.01)

(3) No fine imposed under this Section removed any liability for a prescribed licence fee under Part 20, Division 3 of the Local Government Act.

13. “COMMERCIAL VEHICLE LICENCING REGULATION BYLAW 1987 No. 3175” and all amendments thereto are hereby repealed.


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SCHEDULE “A”


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Bylaw 7054 - Consolidated Page 5 (Bylaw No. 7054.01)

SCHEDULE B

FINE SCHEDULE

Description Section Fine

Fail to display licence decal 12(1) $ 50.00 Display an unauthorized decal 12(2) $200.00


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GENERAL INFORMATION This form contains the worksheet for the “Contractor Reporting Fuel Consumption Worksheet”, which applies to any contractors who have new or renewed contracts with the City of Nanaimo beginning on or after June 1st, 2012. Contractors can choose to report their fuel consumption according to the frequency that works best for them (e.g. by invoice, monthly, quarterly, or annually), although reporting on an invoice-by-invoice basis is recommended. At a minimum, fuel consumption must be reported annually. The due date for the fuel consumption worksheet(s) for the calendar year will be January 31st of the following year. Please note that you will only need to report fuel consumption data for fuel used in the delivery of a service to the City for OPERATING EXPENDITURES ONLY (not for services provided for the City for capital projects). Why do I have to report my fuel consumption? The City of Nanaimo, along with 95% of other local BC governments, signed the BC Climate Action Charter in 2007. As part of the Charter requirements, the City must measure and report on the City’s overall greenhouse gas (GHG) emissions each year, which was recently changed to include contracted emissions. Effective June 1st, 2012, the City of Nanaimo is required to track and report on contracted emissions that are derived from fossil fuel consumption used to operate vehicles, equipment and machinery. These include (but are not limited to) gasoline, diesel, propane, and bio-fossil fuel blends. The City of Nanaimo is required to request specific vehicle and fuel consumption data from contractors, which will facilitate the calculation of greenhouse gas emissions by applying standardized emission factors. If you would like further information with regard to BC’s Climate Action Charter, and BC’s commitment to becoming carbon-neutral, please visit the Ministry of Environment website at: http://www.env.gov.bc.ca/cas/mitigation/carbon_neutral.html Contact Information If you have questions or need assistance with completing this form, please use the contact information outlined below. Please submit your completed fuel consumption worksheets to: Michelle Loree, BMgt Grants Coordinator City of Nanaimo 411 Dunsmuir Street, Nanaimo, BC, V9R 0E4 Phone: 250-754-4251 Ext 4358 Email: [email protected]

Finance Department 455 Wallace Street Nanaimo, BC, V9R 5J6 Phone: 250-754-4251 Fax: 250-755-4440

Appendix ‘B’ Fuel Consumption Worksheet Instructions

http://www.env.gov.bc.ca/cas/mitigation/carbon_neutral.html


Appendix 'C' Contractor Reporting Fuel Consumption Worksheet - SAMPLE DO NOT COMPLETE

Company Name:

Address:

Phone Number:

Contact Person:

Title:

Contact Phone:

Contract Description:

Contract Number / Identifier:

Reporting Period:* *(Annual reporting is the minimum requirement) FROM: dd/mm/yyyy TO: dd/mm/yyyy

Fuel Consumption Categories: Type of Fuel Total Consumption Unit of Measure

Light Duty Vehicle - Two door passenger cars Gasoline 325 Litres - Four door passenger cars Diesel ______________ ______________ - Station wagons Propane ______________ ______________

Natural Gas ______________ ______________ Other ________________ ______________ ______________

Light Duty Truck - SUV's Gasoline 1234 Litres - Minivans Diesel ______________ ______________ - Full size vans Propane ______________ ______________ - Pickup trucks GVWR under 3856Kg (8,500 lbs) Natural Gas ______________ ______________ and curb weight under 2722 Kg (6,000 lbs) Other ________________ ______________ ______________

Heavy Duty Truck - Road vehicles with a GVWR over 3,856 Kg (8,500 lbs) Gasoline ______________ ______________ and curb weight over 2722 Kg (6,000 lbs) Diesel ______________ ______________

Propane ______________ ______________ Natural Gas ______________ ______________ Other ________________ ______________ ______________

Off Road Vehicles and Portable Equipment - Vehicles and equipment not licensed for road use Gasoline ______________ ______________ - Snowmobiles Diesel ______________ ______________ - ATV's Propane ______________ ______________ - Lawnmowers and trimmers Natural Gas ______________ ______________ - Tractors Other ________________ ______________ ______________ - Construction equipment

I / we certify that the above fuel consumption data represents the most accurate estimate of fuel consumption available for the reporting period.

_______________________________________________Signature Title Date (dd/mm/yyyy)