1.0 TERMINOLOGY 1.1 References to Labeled Provisions Each reference in this Request for Proposal to a numbered or lettered “section”, “subsection”, “paragraph”, “subparagraph”, “clause” or “sub-clause” shall, unless otherwise expressly indicated, be taken as a reference to the correspondingly labelled provision of this Request for Proposal (RFP). 1.2 Definitions Throughout this Request for Proposal, unless inconsistent with the subject matter or context, "Account Administrator" means the Vendor employee who is authorized to act on behalf of the Vendor as required, their business address, work telephone number and email address. This employee shall maintain records, books of accounts and payroll, relative to these requirements that shall be made available for inspection by the appropriate City officials

“Addendum” or “Addenda” means any document or documents issued by the City prior to the Closing Deadline that changes the terms of the RFP or contains additional information related to the RFP; "Affiliated Person" means everyone related to the Proponent including, but not limited to employees, agents, representatives, organizations, bodies corporate, societies, companies, firms, partnerships, associations of persons, parent companies, and subsidiaries, whether partly or wholly-owned, as well as individuals, and directors, if:

A. Directly or indirectly either one controls or has the power to control the other, or B. A third party has the power to control both.

“Agencies and Corporations” refer to bodies and organizations that have a direct reporting or funding relationship with the City of Toronto or Council. The list of current organization name and contact of agencies and corporations to be considered under this RFP is available from the following page on the City's website www.toronto.ca/abcc “Agreement” means any written Contract between the City and a Vendor or any purchase order issued by the City to the Vendor with respect to the Services contemplated by this RFP, and shall be deemed to include the terms and conditions for the provision of the Services as set out in this RFP. "Business English" refers to the communication skills used in the workplace, and focuses on the language and skills needed for typical business communication such as presentations, negotiations, meetings, small talk, socializing, correspondence, report writing. “City” means the City of Toronto. "City Contact" means the City employee(s) designated as City Contact on the Notice to Potential Proponents for all matters related to the RFP call process. “Closing Deadline” means the date and time specified on the RFP Cover Page or any Addenda issued by the City, as the date and time by which Proponents must submit their Proposal;

“Conflict of Interest” includes, but is not limited to, any situation or circumstance where:

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(a) in relation to the RFP process, the Proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having or having access to information in the preparation of its Proposal that is confidential to the City and not available to other Proponents; (ii) communicating with any person with a view to influencing preferred treatment in the RFP process including the giving of a benefit of any kind, by or on behalf of the Proponent to anyone employed by, or otherwise connected with, the City ; or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the open and competitive RFP process and render that process non-competitive and unfair; or

(b) in relation to the performance of its contractual obligations in the City Contract, the Vendor’s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations; “Contract” means the binding agreement that is formed upon Award as confirmed by the issuance of a purchase order, blanket Contract or the execution of any written agreement by the City. “Council” means City Council. "Diverse Supplier" means any business or enterprise that is certified by a Supplier Certification Organization to be:

More than 51% (majority) owned, managed and controlled by persons belonging to an equity-seeking community, or

A social purpose enterprise whose primary purpose is to create social, environmental or cultural value and impact, and where more than 50% of the persons who are fulltime equivalent employees or are participating in, or have completed, transitional employment training, experience economic disadvantage.

"Equity-seeking Community" is a group that experiences discrimination or barriers to equal opportunity, including women, Aboriginal People, persons with disabilities, newcomers/new immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups the City identifies as historically underrepresented. "may" and "should" used in this RFP denote permissive (not mandatory). “Evaluation Team” means one or more people selected by the General Manager to:

review and evaluate the Proposals and to rank the Proponents;

review, observe and evaluate the ASE System including equipment, operations,

procedures, and documentation, during the any stage of the evaluation; and

evaluate any other component of a Proponent's proposal during the evaluation process of this RFP.

“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act. "must", "shall" and "will" used in this RFP denote imperative (mandatory), meaning Proposals not satisfying imperative (mandatory) requirements will be deemed to be non-compliant and will not be considered for Contract award. "Overtime " means overtime pay of at least one and one-half (1½) times the employee’s regular rate for each hour worked in excess of 44 hours per week or another threshold prescribed or agreed upon between the employer and employee as part of the terms of employment. "Personnel" means any individual that is hired by the Vendor to fulfill any and all responsibilities outlined in this RFP.

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“Project Manager” means the main contact person at the City for all matters relating to the project. “Proponent” means a legal entity that submits a Proposal. If two or more legal entities wish to submit a Proposal as a consortium, one member of the consortium must be identified as the Proponent with whom the City may enter into an Agreement, and the other member(s) must be identified as subcontractors to that Proponent. “Proposal” means an offer submitted by a Proponent in response to this RFP, which includes all of the documentation necessary to satisfy the submission requirements of the RFP. “RFP” means this Request for Proposal package in its entirety, inclusive of all Appendices and any bulletins or Addenda that may be issued by the City. “Services” means all services and deliverables to be provided by a Vendor as described in this RFP. "Site Duties and Responsibilities" mean post orders / work direction prepared by the City that are issued to the vendor for the security personnel working at a service location. "Security Guard" or "Security Guard Personnel" or "Guard" means any individuals hired by the Vendor that provides the services outlined in this RFP including roles and responsibility identified in Appendix G. "Security Services" or "Security Guard Services" refers to security program that is in place specifically to support Service Provider with their delivery or program services through a consistent security presence working to ensure a safe environment courteous and respectful environment and to assist in responding to emergency and crisis situation both inside and outside the facility. Security services are delivered using Security Personnel whom provide an array of security duties. "Security Personnel" refer to the Security Supervisor, Security Guards, and Security Mobile Guards utilized to perform security services for the Respite/ Refugee and Shelter locations. "Security Post Orders" means written documents that clearly outline duties, responsibilities, and expectations of security personnel. "Shelter Service Provider (SSP)" means the agency contracted by the City of Toronto to deliver the Respite/ Refugee and Shelter service at a specific location. “Selection Committee” means Evaluation Team "Service User(s)" means the users of the Respite/ Refugee and Shelter Services provided by the City of Toronto. "Supplier Certification Organization" is a non-profit organization recognized by the City of Toronto that certifies businesses and enterprises as Diverse Suppliers by assessing them using established, consistent criteria. Recognized Supplier Certification Organizations include:

Canadian Aboriginal and Minority Supplier Council

Canadian Gay and Lesbian Chamber of Commerce

Social Purchasing Project

Women Business Enterprise Canada

Canadian Council for Aboriginal Business

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"Supplier Code of Conduct" means business ethical standards contained in Article 13 Chapter 195, Purchasing, of the Toronto Municipal Code; “Vendor” means the successful Proponent with whom the City enters into an Agreement. "Workforce Development" means a relatively wide range of activities, policies and programs to create, sustain and retain a viable workforce that can support current and future business and industry. It is an approach that integrates career exploration, industry–driven education and training, employment, and career advancement strategies, facilitated by the collaboration between employers, training and education institutions, government, and communities. 1.3 Interpretation In this RFP and in the Agreement, unless the context otherwise necessitates, (a) any reference to an officer or representative of the City shall be construed to mean the

person holding that office from time to time, and the designate or deputy of that person, and shall be deemed to include a reference to any person holding a successor office or the designate or deputy of that person;

(b) a reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed

to include a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or amendment thereof;

(c) all amounts are expressed in Canadian dollars and are to be secured and payable in

Canadian dollars; (d) all references to time shall be deemed to be references to current time in the City; (e) a word importing only the masculine, feminine or neuter gender includes members of the

other genders; and a word defined in or importing the singular number has the same meaning when used in the plural number, and vice versa;

(f) any words and abbreviations which have well-known professional, technical or trade

meanings, are used in accordance with such recognized meanings; (g) all accounting terms have the meaning recognized by or ascribed to those terms by the

Canadian Institute of Chartered Accountants; and (h) all index and reference numbers in the RFP or any related City document are given for

the convenience of Proponents and such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item. The documents as a whole must be fully read in detail for each item.

1.4 RFP Process Terms and Conditions This RFP process is governed by the terms and conditions in Appendix ‘A’. 2.0 PURPOSE The purpose of this RFP is to select a qualified Vendor, who meets the requirements of this RFP for the supply of Security Guard Services at various Respite/Refugee and Shelter Locations for Facilities Management Division.

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2.1 Mandatory Site / Information Meeting

Interested Proponents are invited to attend the mandatory information meeting held by the City to familiarize themselves with the service requirements and ascertain the full extent of the work required as described in this RFP. Proponents who are interested in attending the mandatory information meeting are required to fully execute a Confidentiality Agreement form (refer to Appendix "J") by an Official of the Proponent's company who is or who are able to bind the company. Once the executed agreement is received from the Proponent five (5) days following the download of this document, your firm is considered registered and are able to attend the mandatory information meeting. In addition, to the fully executed Confidentiality Agreement, and on the day of the mandatory information meeting, you must present a valid photo identification issued by the Government of Canada or Province along with company identification in order to sign in for the meeting. Confidential appendices will be provided to the registered Proponents at the mandatory information meeting. It is the sole responsibility of the Proponents to review the RFP requirements set out in this document to thoroughly understand the details of the service requirements. The City is respectively requesting Proponents to provide a written list of questions that they wish the City to address upon conclusion of the meeting. Verbal responses provided by the City to questions asked during the information meeting are not official or binding. Following the meeting, and upon receipt of any additional questions from Proponents, answers will be formally published through and Addendum. 2.2 Cooperative Purchasing Process After award, the Vendor acknowledges that the City may inform its Agencies and Corporations of the Vendor's Contract with the City. If the Vendor wishes to provide the same deliverables and/or Services to the City's Agencies and Corporations, it shall use commercially reasonable efforts to negotiate for the purpose of entering into separate and distinct Contracts with the City's Agencies and Corporations based on the same or comparable terms (including price and duration) as are set out in the City's Contract with the Vendor. The Vendor further acknowledges that that City shall not be liable for any separate Contracts negotiated with the City's Agencies and Corporations by the Vendor. 2.3 Background In December 2017, Toronto City Council approved the 2017 Shelter Infrastructure Plan. At that time, the Corporate Security Division was engaged to assist in supporting operations of the 24 hour Emergency Respite Program. The Shelter Infrastructure Plan included the development of a new service model; update on pilot projects; communications and media campaign to build public awareness and understanding of the homelessness service system; and best practice shelter design guidelines. The Shelter Infrastructure Plan also identified new and replacement beds available between 2016-2018, to ensure that housing and shelter services are available and accessible to all residents in all parts of Toronto; and recommended a new property development approach to shelter infrastructure planning and approvals and provides an overview of the 10 year capital infrastructure growth plan being developed by staff in 2018. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2017.CD24.7 Security Services are required in order to support the Service Providers in maintaining a safe, orderly, courteous and respectful environment, in which temporary housing and support services are being provided to individuals, couples, and pets, whom do not have housing arrangements. In addition, Security Guard Personnel will provide regular documented perimeter patrols of the

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facility and exterior property. Security Personnel will report and document, in an occurrence report, any deficiencies, hazards, or security incidents that they observe or respond to and will take immediate action to have the deficiency or hazard corrected. Security Guard Personnel will also respond promptly when called upon to support the Shelter Service Provider in responding to emergency and crisis situations and will intervene only when requested upon by Shelter Staff whom will always be the lead in service user interactions. Security Guard Personnel with conduct themselves professionally and will be respectful and courteous to everyone that they encounter. Security Guard Personnel will report any concerns or observations pertaining to a Service User to the Shelter Service Provider (SSP) for follow-up.

It is imperative for overall security and safety of the shelter program that only capable and competent Security Guard Personnel with a demonstrated ability and skillset coupled with security industry experience are be eligible to work in the shelter environment supporting the Shelter Service Providers in the delivery of shelter services. Security Guard Personnel assigned need to have a good understanding of the issues faced by the homeless community and have experience working with this vulnerable clientele whom are receiving the on-site services. This includes but is not limited to persons with emotional health issues, various addictions, chemical dependencies, and physical disabilities. For more information please review 24 hour Respite Site Standards published in November 2018.

https://www.toronto.ca/community-people/community-partners/24-hour-respite-site-operators/24-hour-respite-site-standards/ 2.4 Gender Diversity in City Procurements As part of City Council's support to enhance gender diversity on boards of corporations, all corporations conducting business with the City of Toronto are encouraged to utilize an intersectional analysis to strive to have gender parity on their corporate boards. 2.5 Social Procurement The goal of the City of Toronto Social Procurement Program is to drive inclusive economic growth in Toronto by improving access to the City's supply chain for diverse suppliers and leverage employment, apprenticeship and training opportunities for people experiencing economic disadvantage, including those from equity-seeking communities. The City of Toronto expects its Proponents to embrace and support the City of Toronto Social Procurement Program and its respective goals. Social procurement creates social value for the City in addition to the delivery of efficient goods, services, and works. The City of Toronto Social Procurement Program consists of two components: Supplier Diversity and Workforce Development. For more information on the City of Toronto Social Procurement Program, visit: http://www.toronto.ca/purchasing/socialprocurement.

2.5.1 Supplier Diversity The goal of supplier diversity is to increase the diversity of the City's supply chain by providing diverse suppliers with equitable access to competitive procurement processes. In accordance with Section 1.3.2 of the City of Toronto Social Procurement Policy, points will be assigned to proponents that submit information as part of their proposal that will improve supplier diversity in the City's supply chain. See section 5.3, Proposal Content for more information

2.6 City's Workforce Scheduling Pilot

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In 2019, the City of Toronto is conducting a pilot on workforce scheduling in select City procurement calls (hereinafter called the "Scheduling Pilot"). The Scheduling Pilot will assess the impact on the provision of advance scheduling to Security Guard Personnel to affected stakeholders including City Divisions, Vendors and workers. The City requires all successful proponent(s) that are awarded this solicitation selected for the Scheduling Pilot, to comply with its requirements (detailed within section 3.0 – Scope of Work). Further information will be provided at the mandatory information meeting. 3.0 SCOPE OF WORK

3.1 General

The objective of this RFP is to retain an experienced and qualified Vendor to provide Security Guard Services and will establish a protective, authoritative but courteous presence and provide reliable Security Guard Services for the staff and users at the City's Respite / Refugee and Shelter locations and peripheral facilities by providing properly certified and qualified Security Personnel and Security Supervisors to perform a wide range of security services. The Vendor shall provide:

Client Service Manager to meet with City representatives once per month as well as address concerns raised by the City within two hours of initiation by the City. Day to day concerns will be brought to the Supervisors dedicated within this call. Therefore issues brought to the attention of the Client Service Manager shall be deemed urgent;

Contract administration duties to ensure the needs of the City are met; Acceptable Security Guard uniforms and equipment (Appendix I); Solutions to lessen staff turnover; and Specialty consultants if needed

The Vendor shall comply with the requirements of the following:

Employment Standards Act, 2000, S.O. 2000, c. 41.

Private Security and Investigative Services Act, 2005 (PSISA and its regulations)

3.2 Location of Duties Security Guard services will be required at many City's Respite / Refugee and Shelter, as well as peripheral client sites. The major facility locations where Security Guard Services are required will be provided at the mandatory site meeting. Contained within this document will be non- site specific information. 3.3 Term of Agreement

Upon award of this RFP, the Vendor and the City will have an agreement for the services outlined in this RFP from the date of award and shall continue for a period of three (3) years, with the City's option to extend the Contract for one (1) additional option year period at the sole discretion of the City, all in accordance with the terms, conditions, requirements contained in this RFP and any applicable City Policies including and not limited to the City of Toronto Fair Wage Policy, Labor Trades Contractual Obligations in the Construction Industry. The decision to renew the Agreement for one (1) year option will be decided four (4) months prior the end of the initial term of the Contract and will be based on the review of the Vendor's performance over the prior year(s) and the availability of funds in the City’s operating budget for the renewal term. The City will be under no obligation to exercise any renewal option.

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The City at its sole discretion has the option to reduce, or enhance, the required hours of the Security Guard Services, on a temporary or permanent basis, as required to meet the needs of the Respite/Refugee and Shelter locations within any given situation. 3.4 Estimated Quantities – Appendix D Quantities provided in Appendix D - Detail Price Form are estimates only and should not be interpreted as indicating a minimum or maximum order quantity. The quantities shall be used as a basis for comparison upon which the award of the Contract will be made. These quantities are not guaranteed to be accurate and are furnished without any liability to the City whether decreased or increased. The City shall advise the Vendor in writing, 30 days prior to any major reduction, or major enhancement in contracted security services on a permanent or long term basis.

A major reduction would include, but not limited to the reduction of services of a City Site for the remainder of the term of the Contract, or where there is substantial reduction in services such as terminating a guard post from a site for the remainder of the term of the Contract.

A major enhancement would include, but not limited to the addition of services such as a new City site for the remainder of the term of the Contract, or where there is substantial additions in services such as including a new guard post to a site for the remainder of the term of the Contract.

The City shall notify the Vendor as soon as is practicable of any temporary change in the requirement of security services. 3.5 Statutory Holidays The Vendor shall provide Security Guard Services to all Respite/ Refugee and Shelter locations city wide as described in Section 3.6, including all Statutory and Civic holidays. The Term Statutory Holidays shall include the following days:

New Year's Day in any given year Good Friday in any given year Family Day in any given year Victoria Day in any given year Canada Day in any given year Labour Day in any given year Thanksgiving Day in any given year Christmas Day in any given year Boxing Day in any given year

The Term Civic Holiday shall include the following days:

Easter Monday in any given year Simcoe Day in any given year Remembrance Day in any given year (when it falls on a weekday)

The City shall not incur any statutory costs for services on Civic Holidays. 3.6 Reporting Structure The Vendor shall report directly to the City of Toronto, Corporate Security, and Management Team and/or designate per portfolio. Day to day communication (verbal or written) shall occur between the Vendor’s designated account representative(s) or designated Guard, supervisors

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and City Corporate Security Management (or designate). The City may also provide direction directly to the on-site Security Guards when required, by-passing the Supervisors. By taking this action the City of Toronto Corporate Security Division does not become the employer for these Vendor's personnel The Vendor's identified Account Administrator shall meet personally with the City of Toronto Security Management and/or designates on a monthly basis to discuss the Facility Accounts, but not limited to the following; reconcile invoices, maintaining service standards, discuss staffing and scheduling issues. 3.7 Security Services Total Coverage Hours It is estimated that the Vendor will be required to provide a minimum of 152,496 hours of Security Services (Security Guards, Security Supervisors and Security Mobile Guards) over a one (1) year period. See Appendix F for details regarding Respite/Refugee and Shelter locations and the estimated number of security hours required for a period of one year. These estimated hours may be reduced or enhanced during the period of one year based upon Section 3.3 of this RFP.

3.8 Overtime All overtime shall be paid at the expense of the Vendor unless required and authorized in writing by the designated City contact. In the event that the Vendor fails to meet the minimum staffing levels required per shift (as noted in appendix F and security personnel are required to work additional hours to cover the staffing gap, or in the event that security personnel are required to work an additional shift in order to meet the minimum staffing requirements, the Vendor shall assume any/all overtime costs for that employee.

3.9 Scheduling The Vendor shall be responsible for creating and updating the personnel schedules for each of the site locations as noted in appendix F. The Vendor(s) must provide the City and the Vendor-hired Personnel a pre-determined bi-weekly schedule, as early as possible, but no later than 14 calendar days in advance of day 1 of the schedule, unless the work assignment arises from the absence of another worker, previously assigned to perform the work, or otherwise directed by the City representative. The schedule for each Security Guard shall include:

Date of each regular and on-call shift for each Personnel;

Start and end times for all regular and on-call shifts;

Location of work for all regular shifts; and

Name of each Personnel. The Vendor is responsible to notify the Vendor-hired Personnel of the Vendor's obligation to meet the scheduling requirement. Vendor(s) shall keep a record of schedules, including the date the schedules were provided to personnel and the City, for a period of 5 years.

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The Vendor(s)'s Account Administrator or designate will be accountable to provide evidence of compliance to the Section 3.8 Scheduling and maintaining records of its ongoing activity. The City may choose to collect feedback from Vendor(s) and the Vendor-hired Personnel regarding Section 3.8, Scheduling through spot checks, interviews with Vendor-hired Personnel or any other means deemed appropriate by the City representative. The Vendor must provide the City Corporate Security Control Centre with at least (4) four hours' notice if a scheduled guard will not be able to fill a shift. The City will ensure a minimum shift length of four hours. The Vendor's Security Personnel will be required to stay on site for the entire length of the minimum shift. The Vendor shall be responsible for ensuring each shift has the correct number of Security Personnel as identified in appendix F per shift. The Vendor shall maximize full time dedicated Security Personnel to fill shifts as required, relying on a part time staff pool to only cover as required to backfill or odd shifts when full time security personnel are working at maximum capacity. The Vendor must have a reliable 24 hour contact telephone number for a scheduling office that shall be provided for the use by the City at no additional charge to the City. This number should be the first point of contact for the Vendor's Security Personnel. 3.10 Back Fill/Replacement Security Personnel

The Vendor shall be responsible for maintaining a suitable pool of back fill personnel in all roles, properly trained and certified as a replacement for those absent due to illness, vacations, other absentee reasons, as well as for any Security Personnel who has been removed from the site. Should the Vendor fall below the suitable pool of backfill qualified Security Personnel as described in Appendix G, the Vendor shall report the shortage to the Manager of Corporate Security and demonstrate that active recruitment is occurring. In regards to back filling and replacing Security Personnel, the Vendor must ensure backfilled staff meet the mandatory requirements set out in Appendix G, including all required training. If the Vendor cannot supply the minimum staffing requirement requested by the City or supplies Security Personnel who do not meet the minimum qualifications as specified Appendix G, the City reserves the right to retain qualified Security Personnel using the City of Toronto's Corporate Security unit at the expense of the Vendor. The Vendor will be charged for each City of Toronto employee at the rate they are currently paid, approximately $41.00 per hour, subject to any overtime required to be paid by the City and subject to any increases in the amount of salary and/or benefits which the City is obliged to pay its staff. The charges for any City-provided services will be set out on the Vendors' invoices for the relevant period and will be treated as a deduction to the monies owing by the City to the Vendor. In all instances where the City's staff are used, the City's employees will take direction from City, not from the Vendor, unless otherwise authorized. In the event of a dispute between the Vendor and the City with respect to any amount to be paid by the Vendor for the use of City staff, the decision of the City shall be final and binding. If the Vendor consistently fails to meet the minimum staffing requirement, in each role, the City reserves the right to take such measures as the City deems appropriate, up to and including termination of the Agreement with the Vendor.

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3.11 Reduction of Staff Turn Over Due to the nature, size and complexity of the City of Toronto and the importance of having a protective and authoritative Security Personnel presence using fully trained and certified Security Personnel, the Vendor must ensure that staff turnover rates are properly monitored and controlled. The Vendor must have and be able to demonstrate a successful method used to recruit and retain personnel. This must be reflected in your RFP response.

3.12 Security Personnel Portfolio Package

The Vendor shall ensure that all Security Personnel assigned City wide have Security qualifications and experience that meet the City’s standards as laid out in Appendix G. All potential Security Personnel shall be screened by the Vendor. If the personnel meets the requirements outlined in the RFP, the Vendor shall present the candidate to the City by submitting an employee portfolio for the City to review. Only those candidates that the City approves shall be permitted to work at a City of Toronto Respite /Refugee and Shelter locations. The City reserves the right to accept or reject any proposed Vendor Personnel and to request dismissal for those Security Personnel who do not meet the requirements of this RFP. Once dismissed that Security Personnel may not be used at any other Respite/Refugee and Shelter location as part of this RFP without the expressed written consent of a Manager, Corporate Security.

3.13 General Duties and Responsibilities The Vendor shall be responsible to insure that all Security Personnel assigned to City of Toronto Contract and shall perform all basic duties and meet the required skillsets as outlined in Appendix G. The Vendor's Security Personnel are not authorized to use their personal electronic equipment while on duty, unless for emergencies.

3.14 Site Duties and Responsibilities Security Post Orders for all Security Personnel day to day duties and responsibilities for service locations and will be disclosed to the Vendor. Upon receipt of this information the Vendor shall ensure that all duties and responsibilities are provided to the service location in the form of Security Post Orders and will be issued on the vendor's stationary. The Vendor must follow all directions given by the City, and instructions, policies and procedures outlined in the site specific duties and responsibilities document. The City reserves the right to change the site specific duties and responsibilities document without notice. Any change made to the site specific duties and responsibilities by the City will be communicated to the Vendor and must be put into place within five (5) business days after the Vendor has been provided with the written changes. All changes to the duties and responsibility of the Security Guard must also be changed in the Facility Security Post Orders.

3.15 Licensing The Vendor shall be properly licensed, and for the duration of the Contract, maintain a valid license, under the Private Security and Investigative Services Act, 2005, S.O. 2005, c.34 and the Regulations under that Act, collectively referred to in this RFP as the "Private Security Act". The Vendor shall notify the City immediately of any changes in

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The Vendor shall ensure that all Security Personnel assigned to City of Toronto Respite / Refugee and Shelter locations are properly licensed and abide by all rules outlined in the Private Security Act. All Security Personnel are to be licensed prior to, and remain licensed during the time that they perform any services under the terms of this Contract.

3.16 Security Personnel Portfolio Package The Vendor shall be responsible to ensure that all Security Personnel assigned all locations shall have the training as specified in Appendix G. The Vendor must provide a complete Personnel Portfolio package for each Security Personnel presented to the City within five (5) days after being requested by the City. Any Security Personnel not meeting the requirements identified, shall be removed from the site immediately and be replaced with a fully trained and qualified personnel. Each Personnel package shall contain the following documents but not limited to:

An up to resume, that clearly establishes that the employee holds the experience required; Copy of the valid employee Security Guard license; Copy of the employees First Aid, Level C C.P.R, A.E.D. certificate; Copy of the employee’s Use of Force Training certificate; Copy of Mental Health First Aid Training certificate; Copy of Non-violent Crisis Intervention Training certificate. Copy of Managing Resistive Behavior certificate Copy of work permit; study permit; or temporary resident permit (if applicable)

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html

Any other certificates submitted by the employee at the time of hiring which may be relevant to the position.

The Vendor must provide the City with all training material when requested and update the City with any changes to the training course material prior to implementing the changes. In the event the Vendor fails to provide Security Personnel whom do not meet the required skillsets as outlined in Appendix G of this agreement.it will constitute non-compliant service. The City will not offer compensation for any non-compliant services provided by the Vendor. If the Vendor consistently fails to meet the minimum staffing requirement, the City reserves the right to take such measures as the City deems appropriate, up to and including termination of the Agreement with the Vendor. 3.17 Security Personnel Training Schedule It will remain the Vendor's responsibility to schedule training for new and existing Security Personnel, Supervisors and the Account Manager, in such a manner that it does not disrupt the normal staffing compliment at City Respite/Refugee and Shelter locations. The training schedule for vendors Personnel must be provided to the City prior to deployment. 3.18 Use of Force Training The Vendor shall provide a certified Defensive Tactics Instructor employee, experienced in delivering Use of Force training. The Vendor shall ensure that each Security Guard Personnel who successfully completes the Use of Force training is issued a certificate with the following information:

The company performing the training;

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The name and signature of the Trainer; The employee's name; The date the training was successfully completed; and, The expiration date of the training certificate (one year)

3.19 First Aid, CPR and A.E.D. Training The Vendor shall provide a certified, qualified and experienced First Aid, CPR trainer or company to deliver the required training. The Vendor shall ensure that each Security Personnel who successfully completes the First Aid, CPR training is issued a certificate with the following information:

The company performing the training; The name and signature of the Trainer; The employee's name; The date the training was successfully completed; and, The expiration date of the training certificate.

The Vendor shall arrange for A.E.D training through Toronto Paramedic Services and coordinate the scheduling of the one, 8 hour training sessions. All A.E.D. training shall be completed by each Security Personnel assigned to the City. The Vendor will be responsible for any A.E.D. training costs. 3.20 Mental Health First Aid Training The Vendor shall provide a certified, qualified and experienced Mental Health First Aid trainer or company to deliver the required training. The Vendor shall ensure that each Security Personnel who successfully completes the Mental Health First Aid training is issued a certificate with the following information:

The company performing the training; The name and signature of the Trainer; The employee's name; The date the training was successfully completed; and, The expiration date of the training certificate.

3.21 Crisis Prevention Institute (CPI) Nonviolent Crisis Intervention Training The Vendor shall provide a certified, qualified and experienced CPI – Nonviolent Crisis Intervention trainer or company to deliver the required training. The Vendor shall ensure that each Security Personnel who successfully completes the CPI – Nonviolent Crisis Intervention Training is issued a certificate with the following information:

The company performing the training; The name and signature of the Trainer; The employee's name; The date the training was successfully completed; and, The expiration date of the training certificate.

3.22 Managing of Resistive Behavior – Certificate Training Stay Safe Instructional Program (SSIP) Information Regarding Stay Safe Instruction Program can be found in the link below: https://www.staysafeip.com/html/m_o_r_b_tm.html

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The Vendor shall provide a certified, qualified and experienced SSIP Instructor to deliver – Managing of Restrictive Behavior Training. The Vendor shall ensure that each Security Personnel who successfully completes the Managing of Restrictive Behavior Training are issued a certificate with the following information:

The company performing the training; The name and signature of the Trainer; The employee's name; The date the training was successfully completed; and, The expiration date of the training certificate.

3.23 On the Job Training All Security Personnel assigned shall receive a minimum of 1 hour of site orientation facilitated by a Vendors Security Supervisor. The orientation consist of review of Security Post Orders and Emergency Response Guidelines and Protocols. The City, at any time, may conduct written review tests of City of Toronto facility site policies, procedures and Emergency Response Plans to ensure the level of knowledge is maintained by each Security employee. The City reserves the right to request the removal of any Security Personnel where it can be demonstrated that the contracted Security Personnel has not met the required skillset as detailed in Appendix G for this RFP. Upon request, the Vendor shall immediately remove the Contract guard and provide a valid, suitable qualified replacement within 3 hours. The City shall be responsible for on the job training of any new security computer systems implemented during the life of the Contract.

3.24 Uniforms The Vendor shall be responsible for providing Security Personnel assigned to a Respite/ Refugee and Shelter locations with a uniform that is in compliance with the Private Security and Investigative Services Act 2015 ONTARIO REGULATION 362/07 https://www.ontario.ca/laws/regulation/070362 Each Security Personnel assigned must wear the approved, issued uniform at all times when on the worksite. If a security guard is found not properly uniformed in accordance with the Private Security Act, the Vendor shall immediately replace the Security Guard at the Vendor's expense. If a Security Guard is found not properly uniformed by the City standard the Vendor shall ensure that the required equipment is made available to the guard within 3 hours. See Appendix I for mandatory uniform criteria.

3.25 Equipment The Vendor must supply each Security Personnel the appropriate equipment to perform the duties at Respite / Refugee and Shelter locations. Vendor and City equipment responsibilities can be found in Appendix I. Any other ancillary equipment that may be deemed necessary by the Vendor with the agreement of the City shall be made available by the Vendor to the Security Personnel assigned to this Contract.

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In the event the Vendor fails to provide a Guard, Supervisor, or Security Mobile Guards whom are not uniformed or equipped as outlined in accordance with Appendix I of this agreement. It will be considered non-compliant service. The City will not offer compensation for any non-compliant services provided by the Vendor. If the Vendor consistently fails to meet the minimum staffing requirement, the City reserves the right to take such measures as the City deems appropriate, up to and including termination of the Agreement with the Vendor.

3.26 Management Representative

1. Prior to the commencement date of the Contract, the Vendor shall submit in writing to the designated City representative:

a. The name of one (1) dedicated Contract Security Management representative,

their business address, work telephone number, email address and twenty-four hour telephone number for the purposes of conducting business as is necessary, which is authorized to act on behalf of the Vendor as required.

b. 2. The identified representatives shall, at the request of the City, attend any required

meetings at no additional charge to the City.

3. An after-hours emergency telephone number of an on shift or on call Management employee shall be provided for the use by the City at no additional charge to the City.

3.27 Account Administration

1. Prior to the commencement date of the Contract, the Vendor shall submit in writing to the designated City representative:

a. The name of one (1) dedicated Account Administrator who is authorized to act on

behalf of the Vendor as required, their business address, work telephone number and email address

2. The dedicated Account Administrator shall be made available at no extra cost to the

City, and such persons shall act as the Account Administrator on behalf of the Vendor.

3. The Vendor shall maintain records, books of accounts and payroll, relative to these requirements that shall be made available for inspection by the appropriate City officials.

4. The Vendor shall submit an invoice for this account on scheduled basis set by the City;

the Vendor shall insure that all City of Toronto facility account invoices are received by the appropriate City of Toronto personnel for pre-approval. If the invoice is approved the Contract release order with the appropriate line item will be issued for the Vendor to add to the invoice to submit to the City's accounts payable.

5. The invoice and all backup documentation shall be submitted, by email, to the City's

division contact whose information will be provided at the time of award. Each invoice and back up documentation shall be on a separate PDF file, the PDF file shall be titled with the invoice number and location of service. The invoice shall bear the location and address of the City of Toronto facility site account where service was provided.

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6. The invoice shall bear all required information such as a work order number, release number and billing coverage date (start/end date).

7. The submitted invoice shall itemize the specific levels of Security Personnel service

provided, the applicable rate charged for each level of service, the extended total for each type of service, and the grand total of the invoice.

8. The submitted invoice shall be accompanied by the following documents:

a. an up to date schedule covering the invoice period; b. the guard services request form; c. an up to date list of all Full Time, Part Time and Casual/Backfill Security Personnel

assigned to City of Toronto Respite/ Refugee and Shelter locations. d. a billing summary form, as provided by the City to the Vendor, detailing the name

of each employee which worked during the invoice period, the amount of hours worked, the regular hour billing rate, and comments to explain absence from work, etc.

e. an excel spread sheet detailing all the invoice number issued, invoice dates, location and service dates, the amount, as well as a notification if an invoice has been reconciled and re-issued, which are applicable to the invoice

9. Upon receipt of invoices and backup documentation, the City shall review the

information for accuracy. Any discrepancies in the submitted invoice will be brought to the attention of the Account Administrator or other personnel as designated by the Vendor. The Vendor shall send a revised invoice and backup documentation within one week (seven days) of receipt.

10. The City, upon receipt of the aforementioned invoices and backup documentation,

shall pay to the Vendor, for the services rendered as herein set forth, the sum calculated on the basis of the actual hours of services provided under these requirements, and calculated at the billable rates stipulated herein for the type of services rendered.

11. The Vendor shall not invoice the City for additional services or overtime, not requested

or approved by the City. 3.28 Incident Reporting Software The Vendor must use an, Incident Reporting Software System that is acceptable to the City, and will ensure the City is provided with security incident reports on a daily basis. The City may also provide access to its Incident Reporting Software System for use by the Vendor's site approved Security Personnel. 3.29 Patrol Management / Guard Tour Checkpoint System The Vendor must use Patrol Management / Guard Tour Checkpoint System that is acceptable to the City, to collect data verifying and documenting and tracking patrol activates in real time. The Vendor will ensure that the City is provided a daily synopsis of patrols completed and with any deficiencies noted. 3.30 Mobile Vehicle Requirements The Vendor's mobile vehicles in use as part of this Contract must have the following:

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Under Contract to the City of Toronto magnets/stickers on the vehicles exterior

Magnets to include Corporate Security Control Centre phone number

A GPS system with live monitoring that can be accessed by the City

An emergency lighting system

Internet connectivity and a laptop or tablet for report writing

Caution Tape and pylons

3.31 Site Compliance Checks For each service location, the Vendor shall complete a minimum of (8) eight, documented monthly unscheduled site compliance visits to check on the fitness of duty for their security personnel, fully uniformed, licensed, and wearing the required PPE. These checks shall occur at least twice weekly at random (day and night checks). The Vendor will submit the results of these visits to the City on a monthly basis. 3.32 Reporting Software The Vendor shall use at the City's discretion a reporting software to track Security Personnel booking on and off duty. If the Vendor's Personnel do not use the City approved reporting system, the Vendor will have to provide proof in a form acceptable to the City that the shifts were in fact covered. Failure to provide acceptable proof of coverage will result in the City not paying for the shift. 3.33 Fair Wage Rates

In accordance with the City of Toronto Fair Wage Policy, Contractors and Sub-contractors are responsible to pay workers employed in "field work", at minimum, the appropriate Fair Wage rate. The Fair Wage rates applicable to this RFP are based on the rates found in the General Classification Fair Wage Schedule, provided below:

General

Classification Trade (name)

Call Document – Job Title

Effective Date

Hourly Rate

Vacation Pay Fringe Benefits

Weekly Hours of

Work

Security Guard (Union Station)

Security Guard

May 1, 2016

$17.84 4% (Less than 5 Yrs) 6% (5 Yrs or more)

$2.12/HR 40 Hours

Security Guard (Union Station)

Security Mobile Guard

May 1, 2016

$17.84 4% (Less than 5 Yrs) 6% (5 Yrs or more)

$2.12/HR 40 Hours

Security Guard (Union Station – Shift Lead)

Security Supervisor

May 1, 2016

$19.62 4% (Less than 5 Yrs) 6% (5 Yrs or more)

$2.42/HR 40 Hours

PLEASE REFER TO "APPENDIX K – FAIR WAGE POLICY" FOR A GUIDE TO PROSPECTIVE ProponentS APPLICATION OF THE FAIR WAGE SCHEDULES

4.0 PROPOSAL EVALUATION AND SELECTION PROCESS

4.1 Evaluation Team

All Proposals will be evaluated through a comprehensive review and analysis by an Evaluation Team, which will include members from Corporate Security Unit.

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The Evaluation Team may at its sole discretion retain additional committee members or advisors. The aim of the Evaluation Team will be to select one (1) Proposal which meets the City's require-ments under this RFP and provides the best overall value to the City. The Proposal selected, if any, will not necessarily be the one offering the lowest fees or cost (pricing). Pricing is only one of the components that will be used to determine the best overall value for the City. By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Evaluation Team will be final and binding. The Vendor acknowledges and agrees that the City shall be entitled to provide the RFP and any and all Addenda, Proof of Performance, any or all of the Vendors' Proposals, other correspondence and documents and the City's Proposal Evaluation/Evaluation Results to all members of the Evaluation Team. 4.2 Selection Criteria The Selection Committee will evaluate proposals as per the detailed sample evaluation table shown in Appendix E. 4.2.1 Stage One (1) – Mandatory Submission Requirements

Proposals will be reviewed to assess compliance with the Mandatory Submission Requirements as per Section 5.2 of this RFP on a pass/fail basis. Any Proposal failing to comply with all of such Mandatory Submission Requirements will be rejected unless a period of rectification has been noted in Section 5.2. By submitting its Proposal, each Proponent will be taken to have acknowledges that notwithstanding the failure of the City to disqualify any Proponent for not meeting any of the Mandatory Submission Requirements as part of Stage 1 of the proposal evaluation and selection process described in Section 4.2, the City retains the right to disqualify any Proponent at any time thereafter upon determining that its Proposal does not meet any of those requirements. 4.2.2 Stage Two (2) – Technical Proposal Evaluation The City will commence Stage Two - Technical Proposal Evaluation of the evaluation process for all Proposals that achieve a score of "PASS" in Stage One (1) – Mandatory Submission Requirements. Stage Two (2) –Technical Proposal Evaluation is based on the Proponent's technical portion of the Proposal, consisting of the responses to Subsections one (1) through five (6) of Section 5.3. Stage Two (2) – Technical Proposal Evaluation is worth 75% (or 75 out of 100) of the overall points available. Proponents must meet a minimum threshold of 75% (or 56.5 out of 70 points) in this Stage to be eligible to proceed to Stage 3 – Cost of Services. Detailed reference checks may be conducted as part of Stage 2-B for the purpose of verifying information set out in Proposals. Proponent Technical Proposal Evaluations will be evaluated and scored using the Scoring Criteria outlined in the table below.

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Score Rating Detailed Description

5 Excellent Fully meets the City’s requirement. Submission demonstrates a clear understanding of the requirement in ways that bring benefit(s) to the City.

4 Good Meets the City's requirement. The Proponents submission meets the City’s requirements with some minor deficiencies.

3 Adequate An adequate response that demonstrates the ability to meet some of the City’s criteria and requirements with major deficiencies noted.

2 Fair

Falls short of meeting the City's requirement. Submission addresses some components of the requirement; Major issues/risks identified in submission. Demonstrates a clear lack of understanding of the requirement.

1 Poor

Minimal response, e.g. statement of compliance with no substantiation. Submission is unacceptable, demonstrates little or no understanding of the requirement; criterion is absent from submission.

0 Unsatisfactory

Non responsive (e.g., a statement and/or substantiation that does not address the requirement). Does not offer an explanation or ability to answer the question and/or meet the requirement.

4.2.3 Stage Three (3) – Cost Evaluation

Stage Three (3) – Cost Evaluation is worth 25% (or 25 out of 100 points) of the overall points available. Only Proponents who meet a minimum threshold of 75% (or 56.5 out of 70 points) in Stage Two (2) will proceed to Stage Three (3) – Cost Evaluation. The Total Evaluated Bid Price in the Appendix D – Price Form of the Proponents submission will be used to evaluate Proponents in Stage Three (3) – Cost Evaluation. The Proponent with the lowest Total Evaluated Bid Price will receive the highest possible score of 25 points for Stage Three (3). The remaining Proponent(s) will be assigned points based on the following formula:

(Lowest Total Evaluated Bid Price / Proponent's Total Evaluated Bid Price) x 25 4.3 Selection Process The Selection Committee will score the Proposals using the evaluation table in Appendix E. If the submission fails any mandatory requirements, the Proposal will be rejected. The Technical Proposal must score a minimum of 75% (or 56.25 points) to be further evaluated for cost and the Proponent must meet or exceed the minimum pointed required as stated in Appendix E –Evaluation Guidelines.

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Purchasing & Materials Management Division may open the Cost of Services envelopes to ensure compliance with the requirements of the RFP; however, the Selection Committee will not have any knowledge of any information contained in the Cost of Services envelopes until evaluations for the technical portion of the Proposal are complete and Proponents have been short-listed. The Proposal that achieves the highest total score will be ranked first. In the event of a tie total score, the Proponents who have tied shall be called to an interview with the selection committee. Interviews are used to revise, revisit, confirm and finalize the score. In the event that the City is unable to award to the Proponent with the highest total score for any reason, including budgetary constraints, the City, at its sole discretion may Award to the next highest scoring proponent. 4.4 Schedule of Events

Date Event

June 5th, 2019 RFP issue date

June 20, 2019 Information Meeting

June 26th, 2019 Deadline for Proponent questions

July 1st, 2019 Last Day for Issuing an Addendum (if any)

July 8, 2019 RFP Closing date (12:00 noon local Toronto time)

July 30, 2019 Evaluation expected to be completed

July 2019 Formal Agreement

August 2019 Contract Start Date

This schedule is subject to change and appropriate written notice of any changes will be provided where feasible. 4.5 Clarifications As part of the evaluation process, the Selection Committee may make requests for further information with respect to the content of any Proposal in order to clarify its understanding of the Proponent’s response. The clarification process shall not be used to obtain required information that was not submitted at time of close or to promote a particular Proponent. The Selection Committee may request this further information from one or more Proponents and not from others.

4.6 Interviews or Demonstrations A Proponent whose written Proposal has met or exceeded the minimum score for the technical portion of the Proposal or has received a high ranking may be invited to an interview with the Selection Committee, the results of which will be used by the Selection Committee as a mechanism to revisit, revise, confirm and finalize the score and select the recommended Proponent(s). The City reserves the right to interview up to a maximum of five (5) top ranked Proponents. The Selection Committee may interview any Proponent(s) without interviewing others, and the City will be under no obligation to advise those not receiving an invitation until completion of the evaluation and selection process. The representatives designated by the Selection Committee in its invitation to the Proponent must attend any interview scheduled as part of this evaluation process unless the City agrees otherwise in writing and at its sole discretion. The representative of a Proponent at any interview scheduled is expected to be thoroughly versed and knowledgeable with respect to the requirements of this RFP and the contents of its Proposal,

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and must have the authority to make decisions and commitments with respect to matters discussed at the interview, which may be included in any resulting Agreement. Where the staff team proposed by the Proponent is an important element in the selection criteria, the staff team proposed shall be present for the interviews. No Proponent will be entitled to be present during, or otherwise receive any information regarding, any interview with any other Proponent. Refusal of a Proponent to participate in an interview/demonstration requested by the City may, in the City's sole discretion, be considered a failure of the Proponent to comply with a Mandatory Requirement of the RFP and thus subject to disqualification. 4.7 Evaluation Results Upon conclusion of the evaluation process, a final recommendation will be made by the Selection Committee to the appropriate City staff member and/or City Council. Proposal evaluation results shall be the property of the City and are subject to MFIPPA. Evaluation results may be subject to public release pursuant to MFIPPA. Proponents should be aware that Council and individual Councilors have the right to view the Proposals provided that their requests have been made in accordance with the City’s procedure. 4.8 Negotiations and Agreement The award of any Agreement will be at the absolute discretion of the City. The selection of a recommended Proponent will not oblige the City to negotiate or execute an Agreement with that recommended Proponent. Any award of an Agreement resulting from this RFP will be in accordance with the bylaws, policies and procedures of the City. The City shall have the right to negotiate on such matter(s) as it chooses with the recommended Proponent without obligation to communicate, negotiate, or review similar modifications with other Proponents. The City shall incur no liability to any other Proponent as a result of such negotiation or alternative arrangements. During negotiations, the scope of the services may be refined, issues may be prioritized, responsibilities among the Proponent, all staff and sub-consultants provided by it and the City may be settled and the issues concerning implementation may be clarified. Any Agreement must contain terms and conditions in the interests of the City and be in a form satisfactory to the City Solicitor. If the Agreement requires City Council approval, then the final Agreement must contain terms and conditions substantially as set out in the Council report authorizing the Agreement. Any Agreement will incorporate as schedules or appendices such part of the RFP (including addenda) and the Proposal submitted in response thereto as are relevant to the provision of the goods and/or services. The terms and conditions set out in Appendix ‘B’ shall be incorporated in any Agreement entered into with the recommended Proponent. These terms and conditions are mandatory and are not negotiable. Any Proponent wishing to request that the City consider any changes to the terms and conditions set out in Appendix "B" must follow the process outlined in section 5 of Appendix "A".

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If any Agreement cannot be negotiated within thirty (30) business days of notification to the recommended Proponent, the City may, at its sole discretion, terminate negotiations with that Proponent and negotiate an Agreement with another Proponent or abort the RFP process and not enter into any Agreement with any of the Proponents.

5.0 PROPOSAL SUBMISSION REQUIREMENTS 5.1 General Overview The City has formulated the procedures set out in this RFP to ensure that it receives Proposals through an open, competitive process, and that Proponents receive fair and equitable treatment in the solicitation, receipt and evaluation of their Proposals. The City may reject the Proposal of any Proponent who fails to comply with any such procedures. Proposals are expected to address the RFP content requirements as outlined herein, and should be well ordered, detailed and comprehensive. Clarity of language, adherence to suggested structuring, and adequate accessible documentation is essential to the City’s ability to conduct a thorough evaluation. The City is interested in Proposals that demonstrate efficiency and value for money. General marketing and promotional material will not be reviewed or considered. The City prefers that the assumptions used by a Proponent in preparing its Proposal are kept at a minimum and to the extent possible, that Proponents will ask for clarification prior to the deadline for Proponent questions rather than make assumptions. Proponents should also review sections 3 to 6 of Appendix A with respect to asking questions about the RFP. Where a Proponent's assumptions are inconsistent with information provided in the RFP, or so extensive that the total Proposal cost is qualified, such Proponent risks disqualification by the City in the City's sole discretion. 5.1.1 No Incorporation by Reference

The entire content of the Proponent's Proposal should be submitted in a fixed form, and the content of website or other external documents referred to in the Proponent's Proposal, but not attached WILL NOT BE CONSIDERED to form part of its Proposal. 5.2 Proposal Documentation and Delivery

The two (2) envelope system submission will contain the following: 5.2.1 Envelope 1 – Main Proposal Document Must consist of one (1) original (clearly marked as such on its first page) and five (5) full copies of:

(i) A Main Proposal Document as described in the Section 5.3 below titled Proposal Content, including all attachments and appendices as required (Mandatory); The proposal should be preferably 20 pages, double sided, (for a total of 40 pages) minimum 11 point font, with unlimited appendices.

(ii) Form 1 (Proposal Submission Form) completed and signed by an authorized official of the Proponent. This includes the acknowledgement of all addenda received as per Appendix A, item 4. (Mandatory)

Note: Forms 1 and 2 are provided in Appendix C.

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(iii) Must complete and submit with their technical proposal the following (mandatory):

(i) A Copy of the Proponent's current and up to date license in accordance with the Private Security Act. If not provided at the time of closing, the Proponent must provide proof that they meet this requirement within three (3) business days of request by the City.

(ii) Proof that the Trainer assigned to this project is a certified and qualified Use of Force Instructor, or Defensive Tactics Instructor. Satisfactory proof may include but not be limited to; Police Trainer Certification (from Canadian Police College, Ontario Police College or any of the Municipal Police Colleges) or a Manufacturer's Use of Force Certificate. If not provided at the time of closing, the Proponent must provide proof that they meet this requirement within three (3) business days of request by the City.

(iii) Reference Forms as per section 5.3, subsection 3

(iv) Proof of financial viability as per section 5.3 subsection 2, clause ( c )

(v) must include references as per Section 5.3 Subsection 2 (if applicable to the RFP);

In addition Envelope 1 should also include an electronic version of submissions editable in Word or compatible files (unlocked and unprotected) and also with PDF files (locked and protected), on one (1) USB storage key, CD-Rs or similar media marked or labeled with the Proponent's name. Electronic versions should contain the Technical Proposal which should include all material requested in Section 5.3 (c). 5.2.2 Envelope 2 – Cost of Services

The documentation for the Cost of Services Submission:

1) Must be PACKAGED AND SEALED IN A SEPARATE ENVELOPE labeled Cost of Services (submissions made by fax, telephone, electronic message or telegram will not be accepted) displaying a full and correct return address;

2) Must consist of One (1) original, clearly marked as such on its first page, and one (1)

copy of Appendix D (Price Detail Form) completed as indicated.

3) One (1) electronic (soft copy) version of the Pricing in Excel format. Electronic versions should be submitted on one (1) USB storage key, CD-R or similar media, and marked or labelled with the Proponent name. The City prefers that such USB, CD-R or similar media accompany the original hard copy version of the Proponents Proposal. On the basis that in the event where there are deviations between the original hard copy, the additional hard copies, and the soft copy, the hard copy identified as the "original", shall prevail;

4) NO COST INFORMATION SHALL BE INCLUDED IN THE BODY OF THE TECHNICAL

PORTION OF THE PROPOSAL OR IT WILL BE REJECTED AND DECLARED NON-COMPLIANT.

5.2.3 Proposal Documentations

The documentation for each Proposal:

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1) Must be submitted in a sealed envelope or container (submissions made by fax,

telephone, electronic message or telegram will not be accepted) displaying a full and correct return address.

2) Must be completed in a non-erasable medium and signed in ink;

3) Must not include:

any qualifying or restricting statements; exceptions to the terms and conditions of the RFP that have not be approved through an addendum; or additional terms or conditions.

4) Must be delivered no later than the Closing Deadline to:

Chief Purchasing Official Purchasing and Materials Management Division 18th Floor, West Tower, City Hall Toronto, ON, M5H 2N2

5) Delays caused by any delivery service (including Canada Post and courier) shall not be

grounds for any extension of the Deadline, and Proposals that arrive after the Deadline will not be accepted.

6) No cost information shall be included in the contents of Envelope 1.

7) Proponents must have attended the mandatory site/information meeting as per section 2.1;

5.3 Proposal Content Proponent should include in their Proposals, the information requested in the sections that follow, and in the order of the questions posed. Proponents should clearly cross-reference back to the appropriate question or statement. When submitting any information as an appendix to their Proposal, Proponents should clearly cross-reference the appendix back to the appropriate question or statement. In the event such cross-reference is not evident or clear in the opinion of the evaluators, the Proponent may not receive scoring for the question(s) asked. Proponents should include a Table of Contents which outlines page numbers and identifies all included materials in the proposed submitting, and an Executive Summary. The Executive Summary should clearly state the Proponent's understanding of the objectives of the service outlined in this RFP and a summary of the approach the Proponent will take to meet these objectives. It should also introduce the Proponent and be signed by the person(s) authorized to sign on behalf of and to bind the Proponent to statements made in response to this RFP. This should contain the same signature as the person signing the submission forms. The Proposal should contain the following items within Envelope 1 - Technical Proposal Document Subsection 1 – Proponent Profile 1. To permit the Proponent to be evaluated fully as a viable and sound enterprise, include

the following information with respect to the Proponent, and if the submission is a joint Proposal, for each consortium member.

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(a) A profile and summary of corporate history including:

date company started;

products and/or services offered;

total number of employees;

major clients; and

business partners and the products/services they offer; (b) A profile and summary of corporate history of any parents or subsidiaries and

affiliates and the nature of the Proponent’s relationship to them (i.e., research, financing and so on).

(c) Proof of financial viability by providing the following information as required for Publicly Held companies and Privately Held companies:

(i) For Publicly held companies:

audited financial statements for the two (2) most recent years available (or annual report);

(ii) For Privately held companies:

letter from their financial institution or from their auditor providing assurance to the City that the Proponent has been and is financially viable and solvent as a going concern; confirmation that the Proponent has the financial capacity to complete this project; and that the undertaking of this project will not put any undue financial burden on the Proponent

2. If the Proponent is a member of a consortium, provide a description of the relationship(s) between consortium members. Please note section 2 of Appendix A regarding consortiums and the requirement that there be a single Proponent.

Subsection 2 – Experience and Qualifications of the Proponent 1. It is important that the Work be undertaken by a Proponent who can demonstrate specific

knowledge of, and experience in performing similar work for services of comparable nature, size and scope. In particular, the Proponent should demonstrate the following in its Proposal:

Experience of the Proponent with other similar services demonstrating the following:

a. Providing a minimum of 30,000 hours of Security Guard Services in the Greater

Toronto Area within the last 12 months. b. Providing a complement of highly trained, qualified and certified Security

Guards and Shift Leads in large public facilities within the past five (5) years. c. Experience in establishing a protective and authoritative Security Guard

presence in facilities which require a higher level of enforcement (enforcing Criminal Code, Provincial Offences etc.), patrolling and monitoring for suspicious activity within the past five (5) years.

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1. Necessary skills, experience and expertise in the delivery of the proposed solution, and, based on these skills, experience and expertise, how they will ensure that the proposed services are appropriate for the use to be made of them as set out in this RFP.

2. Must provide a minimum of three (3) references for the purpose of evaluating the

Proponent’s experience and track record of success. Note that the City prefers references for solutions that are similar to the solution being proposed in response to this RFP. For example, solutions for the municipal/public sector, using the same or similar products proposed, projects of similar size, scale and complexity. Each reference should include:

the identity of the reference client organization;

a contact name and title, address and telephone number;

the size and nature of the client’s business;

the number of years dealing with the client;

a description of the project;

the services that were provided by the Proponent (i.e. protective and authoritative Security Personnel, Supervisors, Managers, support, and training);

date of the project;

details regarding the scale of the project; and

client’s URL address. Please note that where the skills/expertise/experience are being provided by a subcontractor or other legal entity apart from the Proponent, a Proposal that does not include the information requested in this Subsection 3 for each such subcontractor or other entity will not be awarded full marks during the evaluation process. In providing references, Proponents agree that the City can contact the individuals provided as part of the evaluation process. The City will make its own arrangements in contacting the references. Substitution of references will not be permitted after the close of the RFP. References and Past Performance - The City's evaluation may include information provided by the Proponent's references and may also consider the Proponent's past performance on previous Contracts with the City or other related Agencies, Boards or Commissions of the City. The Evaluation Team will take into consideration all information to provide an overall score out of six (6) using information provided in all references along with any knowledge of past performance described above, if any. Subsection 3 – Proposed Staff Team and Resources 1. It is important that the Work be undertaken by a team who can demonstrate specific

knowledge of, and experience in performing similar work for projects of comparable nature, size and scope. In particular, the Proponent should provide the following in its Proposal:

For the designated management representative assigned to this project the following information should be provided:

a. Demonstrated experience in providing “off-site” management to a complement of

Security Personnel b. Demonstrated experience in implementing succession plans, coaching and motivating

staff.

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c. Demonstrated experience as a Management representative in other buildings similar to the size and scope of work involved at 545 Lake Shore Blvd.

For the designated Account Administrator assigned to this project the following information should be provided:

a. Demonstrated experience in developing invoices and maintaining records of accounts

paid. b. Demonstrated experience in developing Security Guard schedules including knowledge

of the Employment Standards Act.

For the designated Trainer assigned to this project the following information should be provided:

a. Demonstrated experience in creating Adult Learning formatted training session lesson

plans. b. Demonstrated experience in delivering cognitive and psycho-motor skills training, geared

toward the expected course content found in subsection 3.14 to 3.20, to a large number of people.

2. A list of key staff that the Proponent would propose to use for this work together with

their professional qualifications, related project experience and an indication of their duties and responsibilities on this particular project.

3. Include strategies and individuals that can fulfill the roles and responsibilities for any

unforeseen events requiring replacement of team members.

4. Resumes and proof of any certification(s) for proposed individuals are to be included as an Appendix to the proposal.

5. Provide a statement of any conflict of interest, if applicable. Refer to Appendix – RFP

Terms and Conditions for information relating to conflicts of interest. Note: The Proponent should submit signed consent forms authorizing the disclosure of personal information to the City, or its designated agent(s), for any resumes that are submitted, however, the Proponent will accept all liability if not disclosed to the City. It is important that key individuals (i.e. major areas of responsibility) be named, with accompanying indication of guaranteed availability. Continuity of key personnel will be required, with a contractual obligation for substitutions only with full written approval of the City. Note: The Proponent should submit signed consent forms authorizing the disclosure of personal information to the City, or its designated agent(s), for any resumes that are submitted; however, the Proponent will accept all liability if signed consent forms and resumes are not disclosed to the City. It is important that key project individuals (i.e. major areas of responsibility) be named, with accompanying indication of guaranteed availability. Continuity of key personnel will be required, with a contractual obligation for substitutions only with full written approval of the City. Subsection 4 – Proposed System/Solution

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1. Provide a statement of the Proponent’s understanding of the goals and objectives of the project.

2. Provide a detailed description of how the Proponent intends to achieve the goals and objectives of the project including:

a brief description outlining why the specific Solution has been recommended;

the detailed functions/characteristics/specifications of the goods/services;

the deliverables/outcomes that will be provided as part of the project; and

a summary of risks/problems/issues associated with the work and how they will be mitigated.

3. Provide a statement of the Proponent's plan to reduce staff turnover through the retention of

qualified and properly trained staff, to ensure proper knowledge management is retained.

Subsection 5 – Work plan and Deliverables It is important that the service provided is started in an efficient and effective manner. The Proponent should provide: 1. A detailed description of the training material used to ensure personnel on site meet the

training requirements outlined in section 3.14 to section 3.20. 2. Provide an estimated overall timeline, including an indication of how soon your firm could

commence work.

3. State assumptions regarding roles and involvement of City staff and the estimated amount of their time involvement.

Subsection 6 – Cost Control 1. Submit a proposed methodology for Proponent’s resource planning, cost estimation, cost

budgeting, and cost control measures. The Proponent should clearly demonstrate the cost control measures that it will implement to ensure that the Lump Sum or Upset Limit for the Services will not be exceeded.

2. In describing the cost control measures, do not refer to or include the pricing contained in the ‘Cost of Services’ envelope. Cost control measures are those management processes used to control cost. Including pricing information in technical portion of the submission will result in the Proposal being rejected The following should be submitted in the Cost of Services Envelope (Envelope 2) as per Section 5.2.2 above. Cost of Services In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail. Extensions and totals will be corrected accordingly by City staff and adjustments resulting from the correction will be applied to the Total Evaluated Bid Price within the Appendix D - Price Form. Prices submitted in a Proposal are to be firm for the duration of the RFP process and the term of any resulting Agreement. All prices must be stated in Canadian currency. The Proponent shall assume all currency risk.

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The City shall not be responsible for any additional costs. The Proponent shall be solely responsible for all costs including but not limited to, wages, salaries, statutory deductions and any other expenses and liabilities related to its own personnel, and subcontractors and suppliers and their respective personnel. The Proponent shall be solely responsible for any and all payments and/or deductions required to be made including, but not limited to, those required for the Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance, and Income Tax. All invoices must clearly show HST as a separate value and HST "registrant" number. Without restricting the generality of the foregoing, the Proponent acknowledges that, if it is a non-resident person, payments to the Proponent, as a non-resident person, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident person, provides the City with an official letter from Canada Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada). A. Core Pricing As this is a two envelope system RFP the costs of services are to be submitted in the Cost of Services envelope as per section 5.2 above. The Proponent must complete and submit the Price Detail Form located in Appendix D – Supplementary Submission Forms. The hourly rates quoted must include all labour, profit, other overhead, materials, equipment, licenses, analysis, travel, accommodations, communication, transportation and delivery costs (courier, long distance charges, and so on), staff time, City/Vendor meetings (as and where deemed required by the City), disbursements and any/all other operational costs and fees associated with the Services, excluding all applicable taxes. The City shall not be responsible for any additional costs. B. Taxes Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call. HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices. C. Payment Terms and Discount Schedule To help us pay you promptly, it is essential that all required billing information is provided on the invoice submitted to the City of Toronto. Any missing billing information on an invoice will result in a payment delay and the invoice may be returned to you without payment. All original Vendor invoices must be addressed and be sent DIRECTLY to: APInvoice@toronto.ca NOTE: Do not send statements or past due invoices to this e-mail address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you

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have submitted an electronic invoice. If you have any questions regarding this process, please contact the AP Customer Service line at 416-397-5235 and follow the prompts. Invoice/s submitted to the City of Toronto must have complete ship to information including:

I. Name of City Division, II. The City Division’s contact name and phone number (the person ordering or

picking up the goods and/or Services), III. Delivery location of goods and/or Services (excluding pick-up order), IV. A valid Contract number (starting with 47.…..) and Contract Release Order

number. (*This purchasing number should be provided by City staff at the time of order*)

V. Corporate Security work order number issued at the time the request has been placed for all service calls.

Invoices that do not contain the required billing information may be returned without payment to the Vendor for correction. City purchases with the use of a credit card/Pcard are NOT to be sent to Corporate Accounts Payable. These invoices are considered paid. Contract Release Order A request for delivery in the form of a Contract Release Order (CRO) will be issued for each release against this Contract. All invoices submitted for payment must contain:

I. Blanket Contract Number, II. Contract Release Order Number (CRO),

III. Line item number (where applicable). Under no circumstances are Contract Release Orders to be filled for commodities or Services that are not included on this Contract. The total value estimated on this Contract including all charges, excluding any applicable taxes, is not to be exceeded without further authorization. This Contract shall not be valid once the specified period has elapsed or the maximum value of the Contract reached unless an extension has been requested by the City. The City, in its sole discretion, has the right to terminate the Contract prior to the expiration of the Term without cause or penalty, provided the Total Value Estimated as specified on the Contract Order has been reached. Payment and Discount Terms If all the correct billing information has been indicated on the invoice, and no acceptable discount for prompt payment has been offered the City will endeavor to pay within Vendor’s Terms from the receipt date of the invoice in the Corporate Accounts Payable unit – APInvoice@toronto.ca .

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Payment Terms should be clearly indicated on the invoice including early payment Terms. If not, the City will assign payment terms of Net 30 days. NOTE: Payment term "Due Upon Receipt" is considered Net 30 days. The City will consider offers of early payment discount Terms. Discounts will only be taken when early payment discount Terms are met from the receipt date of the invoice in the Corporate Accounts Payable unit, APInvoice@toronto.ca . Note: Discount Terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Accounting Services Division, and Corporate Accounts Payable unit. City of Toronto offers secure electronic deposit payments directly to your bank account through our “Direct Deposit” program. For more information and/or to enroll for this payment option, please email us at FASPDD@toronto.ca or contact our AP Customer Service Desk at APHelp@toronto.ca or 416-397-5235. To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic Vendor invoices submitted via email at APinvoices@toronto.ca . Note: Electronic invoices submitted must be in a PDF format as an attachment. If you have any questions regarding this process, please contact our AP Customer Service Desk at APHelp@toronto.ca or 416-397-5235. Exceptions The above standard billing requirement for invoices must be followed excluding exceptions for Vendor invoices related to "approved" capital projects subject to construction lien holdbacks. Billing requirement direction will be provided by the Contract custodian or city divisional designate. For any further Vendor invoicing information, please contact Corporate Accounts Payable at APHelp@toronto.ca or 416-397-5235. Section 8 – Cost Control 1. Submit a proposed methodology for Proponent’s resource planning, cost estimation, cost

budgeting, and cost control measures. The Proponent should clearly demonstrate the cost control measures that it will implement to ensure that the Lump Sum or Upset Limit for the Services will not be exceeded.

2. In describing the cost control measures, do not refer to or include the pricing contained in the ‘Cost of Services’ envelope. Cost control measures are those management processes used to control cost. Including pricing information in technical portion of the submission will result in the Proposal being rejected.

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APPENDICES

APPENDIX A - RFP PROCESS TERMS AND CONDITIONS

1. Proponent’s Responsibility

It shall be the responsibility of each Proponent: (a) to examine all the components of this RFP, including all appendices, forms and ad-denda; (b) to acquire a clear and comprehensive knowledge of the required services before submit-

ting a Proposal; (c) to become familiar, and (if it becomes a successful Proponent) comply, with all of the

City’s Policies and Legislation set out on the City of Toronto website at: https://web.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/

The failure of any Proponent to receive or examine any document, form, addendum, Agreement or policy shall not relieve the Proponent of any obligation with respect to its Proposal or any Agreement entered into or Purchase Order issued based on the Proponent’s Proposal.

2. Prime Proponent

A Proposal by a consortium of two or more entities may be submitted, but one person or company must be shown as the prime Proponent and be prepared to represent the consortium to the City by executing the Agreement, acting as the primary contact, and taking overall responsibility for performance of the Agreement.

Where a Proposal is made by a prime Proponent with associate firms working with or under the prime Proponent in either a sub-contracting or consortium relationship, it is required that those associate firms be named in the Proposal.

3. City Contacts and Questions

All contact and questions concerning this RFP should be directed in writing to the City employee(s) designated as “City Contact” in the Notice to Potential Proponents.

No City representative, whether an official, agent or employee, other than those identified “City Contacts” are authorized to speak for the City with respect to this RFP, and any Proponent who uses any information, clarification or interpretation from any other representative does so entirely at the Proponent’s own risk. Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Proponent to bypass the RFP process may be grounds for rejection of its Proposal.

From and after the date of this RFP until the time of any ensuing Contract award, no communication with respect to this matter shall be made by any potential Proponent, or its representatives, including a third-party representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Proposal or oppose any competing Proposal, nor shall any potential Proponent, or its representatives, including a third party representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss the RFP or its Proposal with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFP. Proponents should be aware that communications in relation to this RFP outside of those permitted by the applicable procurement policies and this RFP document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent conviction. In addition, the City's Supplier Code of Conduct provides that any Proponent

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found in breach of the policy may be subject to disqualification from the call or a future call or calls at the discretion of Council. Notwithstanding anything to the contrary as set out in this document, the obligations as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. For your information, please find below the links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement: https://www.toronto.ca/wp-content/uploads/2017/08/9587-Procurement-Processes-Policy-January-1-2017.pdf https://www.toronto.ca/legdocs/municode/1184_140.pdf

4. Addenda

If the City, for any reason, determines that it is necessary to revise any part of this RFP or to provide additional information relating to this RFP, such information will be communicated to all Proponents by addenda. Each addendum shall form an integral part of this RFP. Such addenda may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by the City. All Proponents must acknowledge receipt of all Addenda in the space provided on the Proposal Submission Form. The City reserves the right to revise this RFP up to the Closing Deadline. If any addendum is issued after the Deadline for Issuing Addenda, the City may at its discretion extend the Closing Deadline for a reasonable amount of time. The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Deadline.

5. Exceptions to Mandatory Requirements, Terms and Conditions

If a Proponent wishes to suggest a change to any mandatory requirement, term or condition set forth in any part of this RFP, it should notify the City in writing not later than the deadline for questions. The Proponent must clearly identify any such requirement, term or condition, the proposed change and the reason for it. If the City wishes to accept the proposed change, the City will issue an Addendum as described in the article above titled Addenda. The decision of the City shall be final and binding, from which there is no appeal. Changes to mandatory requirements, terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Proposal that takes exception to or does not comply with the mandatory requirements, terms and conditions of this RFP will be rejected.

6. Omissions, Discrepancies and Interpretations

A Proponent who finds omissions, discrepancies, ambiguities or conflicts in any of the RFP documentation or who is in doubt as to the meaning of any part of the RFP should notify the City in writing not later than the deadline for questions. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the RFP documents.

7. Proponents Shall Bear Their Own Costs

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Every Proponent shall bear all costs associated with or incurred by the Proponent in the preparation and presentation of its Proposal including, if applicable, costs incurred for interviews, demonstrations, or any other activity that may be requested as part of the evaluation process or the process for the negotiation or execution of an Agreement with the City, as the case may be.

8. Limitation of Liability

The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Proponent prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City of any Proposal, or by reason of any delay in acceptance of a Proposal, except as provided in this RFP.

9. Post-Submission Adjustments and Withdrawal of Proposals

No unilateral adjustments by Proponents to submitted Proposals will be permitted. At any time throughout the RFP process, a Proponent may withdraw a submitted Proposal prior to the Closing Deadline. To effect a withdrawal, a notice of withdrawal must be sent to the City Contact and must be signed by an authorized representative of the Proponent. The City is under no obligation to return withdrawn Proposals.

A Proponent who has withdrawn a Proposal may submit a new Proposal, but only in accordance with the terms of this RFP.

10. Binding Proposal

After the Closing Deadline each submitted Proposal shall be irrevocable and binding on Proponents for a period of 120 days

11. Acceptance of Proposals

The City shall not be obliged to accept any Proposal in response to this RFP.

The City may, without incurring any liability or cost to any Proponent: (a) accept or reject any or all Proposal(s) at any time; (b) waive immaterial defects and minor irregularities in any Proposals; (c) modify and/or cancel this RFP prior to accepting any Proposal; (d) award a Contract in whole or in part.

The City is relying on the experience and expertise of the Proponent. The City reserves the right to disqualify any Proponent who has given inaccurate, incomplete, false or misleading information in the sole opinion of the City. Proponents and their Affiliated Persons that are currently on a City of Toronto suspended vendor list are not eligible for an award.

12. Verify, Clarify and Supplement

When evaluating proposals, the City may request further information from the Proponent or third parties in order to verify, clarify or supplement the information provided in the Proponent's Proposal. The City may revisit and re-evaluate the Proponent’s Proposal or ranking on the basis of any such information.

If the City makes a request to a Proponent for clarification of its Proposal, the Proponent will provide a written response accordingly, which shall then form part of the Proposal.

If, in the opinion of the City, any Proponent has clearly misinterpreted the services or underestimated the hours or value of the services to be performed as reflected in its Proposal

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content and submitted price/fees, or all or any or any combination of them, then the City may reject its Proposal as not representative of the scope of the services).

13. No Incorporation by Reference The entire content of the Proponent's Proposal should be submitted in a fixed form and the content of websites or other external documents referred to in the Proponent's Proposal will not be considered to form part of its Proposal. 14. Unbalanced Bids (In this paragraph “Bid” refers to the Proposal)

The City may reject a bid if it determines, in its sole discretion, that the bid is materially imbalanced.

A bid is materially imbalanced when:

(a) it is based on prices which are significantly less than cost for some items of work and prices which are significantly overstated in relation to cost for other items of work; and

(b) the City had determined that the proposal may not result in the lowest overall cost to the City even though it may be the lowest submitted bid; or

(c) it is so unbalanced as to be tantamount to allowing an advance payment.

15. Ownership and Confidentiality of City-Provided Data

All correspondence, documentation and information provided by City staff to any Proponent or prospective Proponent in connection with, or arising out of this RFP, the Services or the acceptance of any Proposal:

(a) is and shall remain the property of the City; (b) must be treated by Proponents and prospective Proponents as confidential;

(c) must not be used for any purpose other than for replying to this RFP, and for fulfillment of any related subsequent Agreement.

16. Ownership and Disclosure of Proposal Documentation

(a) The documentation comprising any Proposal submitted in response to this RFP, along with all correspondence, documentation and information provided to the City by any Proponent in connection with, or arising out of this RFP, once received by the City:

i) shall become the property of the City and may be appended to the Agreement and/or Purchase Order with the successful Proponent;

ii) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"), and may be released, pursuant to that Act.

(b) Because of MFIPPA, Proponents should identify in their Proposal material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury.

(c) Each Proponent’s name at a minimum shall be made public.

(d) Proposals will be made available to members of City Council provided that their requests have been made in accordance with the City’s procedure and may be released to members of the public pursuant to MFIPPA.

(e) The City will not return the Proposal or any accompanying documentation submitted by a Proponent.

17. Intellectual Property Rights

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Each Proponent warrants that the information contained in its Proposal does not infringe any intellectual property right of any third party and agrees to indemnify and save harmless the City, its staff and its consultants, if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual property right in connection with their Proposal.

18. Failure or Default of Proponent

If the Proponent, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of the RFP, the City may disqualify the Proponent from the RFP and/or from competing for future tenders or RFP issued by the City for a period of one year. In addition, the City may at its option either:

(a) Consider that the Proponent has withdrawn any offer made, or abandoned the Agreement if the offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void; or

(b) Consider that the Proponent has abandoned any Agreement and require the Proponent to pay the City the difference between its Proposal and any other Proposal which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Proponent’s failure or default, and further the Proponent will

indemnify and save harmless the City, its officers, employees and agents from all loss, damage,

liability, cost, charge and expense whatever which it, they or any of them may suffer, incur or be

put to by reason of such default or failure of the Proponent. The Proponent shall be ineligible to

submit a new Proposal or bid for any Call that the City is required to reissue as a result of the

Proponent's failure or default or where the City deems that the Proponent has abandoned the

Agreement.

19. Publicity

The Proponent and its affiliates, associates, third-party service providers, and subcontractors shall not release for publication any information in connection with this RFP or any Agreement without prior written permission of the City.

20. Selection of Top-Ranked Proponent(s) The top-ranked Proponent(s), as established under the evaluation that are selected by the City to enter onto an agreement pending award will be so notified by the City in writing. 21. Notification to Other Proponents Once the recommended Proponent(s) is notified of their selection, the other Proponents will be notified by the City in writing of the outcome of the RFP process. 22. Debriefing Proponents may request a debriefing after receipt of a notification of the outcome of the selection process. All requests must be in writing to the City Contact and must be made within sixty (60) days of notification of the outcome of the selection process. The intent of the debriefing information session is to aid the Proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the RFP process. 23. No Contract until Execution of Written Agreement No legal relationship or obligation regarding the procurement of any good or service shall be created between the Proponent and the City by the RFP process until the selection of the Proponent to provide the Deliverables pursuant to an Agreement.

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24. Cancellation The City may cancel or amend the RFP process without liability at any time. 25. Bid Protest Procedure (a) Pre-award bid disputes.

Proponents should seek a resolution of any pre-award dispute by communicating directly with the City Contact as soon as possible from the time when the basis for the dispute became known to them. The City Contact may delay the outcome of the selection process, or any interim stage of this RFP process, pending the acknowledgement and resolution of any pre-award dispute. For more information, see the Pre-Award and Post-Award Bid Dispute Procedure.

(b) Post-award bid disputes.

Any dispute to the outcome of this RFP process must be received in writing by the City Contact no later than ten (10) days after the date of the notification of the outcome of the selection process, or where a debriefing has been requested, no later than five (5) days after such debriefing is received. Any dispute that is not timely received or in writing will not receive further consideration.

Any written dispute with a procurement value over $100,000 that cannot be resolved by the City Contact through consultations with the Proponent, shall be referred to the Treasurer or their designate(s) for an impartial review, based on the following information:

i. A specific description of each act or omission alleged to have materially breached the procurement process;

ii. A specific identification of the provision in the solicitation or procurement procedure that is alleged to have been breached;

iii. A precise statement of the relevant facts;

iv. An identification of the issues to be resolved;

v. The Proponent's arguments, including any relevant supporting documentation; and

vi. The Proponent's requested remedial action.

The Treasurer or their designate(s), in consultation with the City Solicitor, may:

i. Dismiss the dispute;

ii. Accept the dispute and direct the City Contact to take appropriate remedial action, including, but not limited to, rescinding the award and any executed Contract, and canceling the solicitation.

For more information, see the Pre-Award and Post-Award Bid Dispute Procedure.

26. Supplier Code of Conduct

(a) Honesty and Good Faith

Proponents must respond to the City's RFP in an honest, fair and comprehensive manner that accurately reflects their capacity to satisfy the requirements stipulated in the RFP. Proponents shall submit a Proposal only if they know they can satisfactorily perform all obligations of the Contract in good faith. Proponents shall alert the Buyer to any factual errors, omissions and ambiguities that they discover in the RFP as early as possible in the process to avoid the RFP being cancelled.

(b) Confidentiality and Disclosure

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Proponents must maintain confidentiality of any confidential City information disclosed to the Proponent as part of the RFP.

(c) Conflicts of Interest and Unfair Advantage

Proponents must declare and fully disclose any actual or potential conflict of interest or unfair advantage related to the preparation of their bid or where the Proponent foresees an actual or potential conflict of interest in the performance of the Contract.

(d) Collusion or Unethical Bidding Practices

No Proponent may discuss or communicate, directly or indirectly, with any other Proponent or their Affiliated Persons about the preparation of their Bid including, but not limited to, any connection, comparison of figures or arrangements with, or knowledge of any other supplier making a submission for the same work. Proponents shall disclose to the Buyer any affiliations or other relationships with other Proponents that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships.

(e) Illegality

A Proponent shall disclose to the Buyer any previous convictions of itself or its Affiliated Persons for collusion, bid-rigging, price-fixing, bribery, fraud or other similar behaviours or practices prohibited under the Criminal Code, the Competition Act or other applicable law, for which they have not received a pardon.

(f) Interference Prohibited

No Proponent may threaten, intimidate, harass, or otherwise interfere with any City employee or public office holder in relation to their procurement duties. No Proponent may likewise threaten, intimidate, harass, or otherwise interfere with an attempt by any other prospective Proponent to bid for a City Contract or to perform any Contract awarded by the City.

(g) Gifts of Favours Prohibited

No Proponent shall offer gifts, favours or inducements of any kind to City employees or public office holders, or otherwise attempt to influence or interfere with their duties in relation to the RFP or management of a Contract.

(h) Misrepresentations Prohibited

Proponents are prohibited from misrepresenting their relevant experience and qualifications in relation to the RFP and acknowledge that the City's process of evaluation may include information provided by the Proponent's references as well as records of past performance on previous Contracts with the City or other public bodies.

(i) Prohibited Communications

No Proponent, or Affiliated Person, may discuss or communicate either verbally, or in writing, with any employee, public office holder, or the media in relation to any solicitation between the time of the issuance of the RFP to the award and execution of final form of Contract, unless such communication is with the Buyer and is in compliance with Chapter 140, Lobbying of the Municipal Code.

(j) Failure to Honour Bid

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Proponents shall honour their Bid, except where they are permitted to withdraw their bid in accordance with the process described in the RFP. Proponents shall not refuse to enter into a Contract or refuse to fully perform the Contract once their bid has been accepted by the City.

(k) Proponent Performance

Proponents shall fully perform their Contracts with the City and follow any reasonable direction from the City to cure any default. Proponents shall maintain a satisfactory performance rating on their Contracts with the City and other public bodies to be qualified to be awarded similar contracts.

(l) Disqualification for Non-Compliance with Supplier Code of Conduct

Proponents shall be required to certify compliance with the Supplier Code of Conduct in the RFP Submission Form 1 (Appendix C), with their Bid and verify compliance, upon request from the Buyer, prior to award. Any contravention of the Supplier Code of Conduct by a Proponent, including any failure to disclose potential conflicts of interest or unfair advantages, may be grounds for the Chief Purchasing Official to disqualify a Proponent from the RFP and suspend the Proponent from future procurements.

27. Governing Law and Interpretation The terms and conditions in this Appendix A - Terms and Conditions of RFP Process: (a) are included for greater certainty and intended to be interpreted broadly and separately (with no particular provision intended to limit the scope of any other provision); (b) are non-exhaustive (and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations); and (c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

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APPENDIX B - AGREEMENT TERMS AND CONDITIONS

Note to Appendix: The terms set out in this Appendix shall be incorporated in any Agreement entered into with the recommended Proponent substantially in the form as presented in the Appendix. These terms are mandatory and are not negotiable. Any Proponent wishing to request that the City consider any changes to the terms and conditions set out in Appendix "B" must follow the process outlined in section 5 of Appendix "A". 1. Compliance with Laws

The Vendor will be required to comply, at its sole expense, with all federal, provincial and municipal laws, rules and regulations (including, without limitation, the City's Fair Wage and other policies or by-laws applicable to the City's vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code, the Ontario Labour Relations Act, the Workplace Safety and Insurance Act, the Income Tax Act and Occupational Health and Safety requirements) in relation to the provision of any Services, including the obtaining of all necessary permits and licenses, and shall submit proof of such compliance to the City, upon request, and the Vendor shall indemnify and save the City harmless from any liability or cost suffered by it as a result of the vendor's failure to comply with this provision.

2. Non-Exclusivity

The awarding of an Agreement to a Vendor shall not be a guarantee of exclusivity.

3. Confidentiality

The Vendor shall treat as confidential all information of any kind which comes to the attention of the Vendor in the course of carrying out the Services and shall not disseminate such information for any reason without the express written permission of the City or otherwise in accordance with MFIPPA or other applicable privacy law. The Vendor may be required to enter into a detailed confidentiality and conflict of interest agreement in a form satisfactory to the City Solicitor.

4. Conflict of Interest

The Vendor shall: (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b) disclose to the City without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations; and (c) comply with any requirements prescribed by the City to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, the City may immediately terminate the Contract upon giving notice to the Vendor where: (a) the Vendor fails to disclose an actual or potential Conflict of Interest; (b) the Vendor fails to comply with any requirements prescribed by the City to resolve or manage a Conflict of Interest; or (c) the Vendor’s Conflict of Interest cannot be resolved to the City's reasonable satisfaction.

5. Indemnities

The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgements (including legal fees and costs) arising from or related to the Vendor's performance or non-performance of its obligations, including payment obligations to its approved subcontractors and suppliers and others, and including breach of any confidentiality obligations under this Agreement. Upon assuming the defence of any action covered under this section the Vendor shall keep City of Toronto reasonably informed of the status of the matter, and the Vendor shall make no admission of liability or fault on City of Toronto's part without City of Toronto's written permission.

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6. Intellectual Property Indemnity

The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgements (including legal fees and costs) arising from infringement, actual or alleged, by the Proposal, its use or misuse, or by any of the deliverables developed or provided or supplied under or used in connection with the Services (including the provision of the Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists. 7. Employment & WSIB Indemnity Nothing under this Agreement shall render the City responsible for any employment, benefit or termination liability (including those under or in connection with the Workplace Safety and Insurance Act, 1997 or any successor legislation ("WSIA"), whether statutorily required, at common law or otherwise, resulting from Services supplied under this Agreement by persons employed or otherwise engaged by the Vendor. In the event that employment related costs, or other related responsibility falls to the City for any reason whatsoever, the Vendor agrees to indemnify the City for such costs. 8. No Assignment

The Vendor shall not assign any part of the project that may be awarded to it under the Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. However, such written consent shall not under any circumstances relieve the Vendor of its liabilities and obligations under this RFP and the Agreement. 9. Subcontractors

The Vendor shall be solely responsible for the payment of every subcontractor employed, engaged, or retained by it for the purpose of assisting it in the performance of its obligations under the Agreement. The Vendor shall coordinate the services of its subcontractors in a manner acceptable to the City, and ensure that they comply with all the relevant requirements of the Agreement. The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or wilful misconduct of its subcontractors.

10. Personnel and Performance

The Vendor shall make available appropriately skilled workers, consultants or subcontractors, as appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to carry out the project.

The Vendor shall be responsible for its own staff resources and for the staff resources of any subcontractors and third-party service providers.

The Vendor shall ensure that its personnel (including those of approved sub-contractors), when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software.

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Personnel assigned by the Vendor to perform or produce the Services or any part of it, (including those of approved subcontractors) may, in the sole discretion of the City, be required to sign non-disclosure Agreement(s) satisfactory to the City before being permitted to perform such services. 11. Independent Contractor

The Vendor and the City agree and acknowledge that the relationship between the City and the Vendor is one of owner and independent contractor and not one of employer-employee. Neither is there any intention to create a partnership, joint venture or joint enterprise between the Vendor and the City. 12. Insurance

The successful Vendor agrees to purchase and maintain in force, at its own expense and for the duration of the services, the following policies of insurance, which policies shall be in a form and with an insurer acceptable to the City. A certificate evidencing these policies signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of services: 1. Commercial General Liability provided that the policy: (i) is in the amount of not less than Two Million Dollars ($2,000,000.00), per occurrence; (ii) adds the City of Toronto as an additional insured; (iii) includes Non-Owned Automobile Liability, Employer's Liability and/or Contingent Employer's Liability, and any other provision relevant to the services; (iv) includes a clause which will provide the City with thirty (30) days' prior written notice of cancellation (15 days if cancellation is due to non-payment of premium). 2. Professional Liability (errors and omissions) coverage provided that the policy: (i) is in the amount of not less than One Million Dollars ($1,000,000); If the successful Vendor is an environmental specialist, include the following item: (ii) includes professional services pollution liability insurance coverage; (iii) will extend to infringement of copyright and other intellectual property, including misuse of trade secrets, if appropriate. Notwithstanding anything to the contrary contained in this Agreement, kept in full force and effect for a period of time ending no sooner than TWO YEARS after the termination or expiry of this Agreement, as the case may be. 3. Automobile Liability insurance with a minimum limit of One Million Dollars ($1,000,000) for all owned or leased licensed motorized vehicles used in the performance of services. General Provisions It is understood and agreed that the coverage and limits of liability noted above are not to be construed as the limit of liability of the Vendor in the performance of services. It is also agreed

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that the above insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the Vendor. At the expiry of the policies of insurance, original signed Certificates evidencing renewal will be provided to the City without notice or demand. The successful Vendor is responsible for any loss or damage whatsoever to any of its materials, goods, equipment or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods, supplies and equipment. The successful Vendor shall have no claim against the City or the City’s insurers for any damage or loss to its property and shall require its property insurers to waive any right of subrogation against the City. 13. Warranties and Covenants

The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying thereon) that any deliverable resulting from or to be supplied or developed under the Agreement will be in accordance with the City’s functional and technical requirements (as set out in the RFP) and, if applicable, will function or otherwise perform in accordance with such requirements. 14. Third Party Software

Where the City is in possession of software containing or constituting confidential proprietary infor-mation belonging to third parties, the Vendor shall not, except in the usual incidental manner genuinely necessary for the intended use of such software on the equipment of the City, (a) analyze, copy, decompile, disassemble, translate, convert, reverse engineer or duplicate any

physical embodiment or part thereof, or permit any person to do so; or (b) divulge to any unauthorized person the ideas, concepts or techniques, or make any other

improper use, of such software.

The Vendor shall fully defend, save harmless and indemnify the City from and against any loss or damages suffered by the City as a result of any failure by the Vendor, its officers, directors, partners, Contract personnel, agents and employees or any of them to comply with the provisions hereof.

Should the Vendor include third party components within the Solution, the Vendor must secure the rights to use and repackage third party components and pass on those rights to the City without additional charges. 15. Ownership of Intellectual Property and Deliverables

The City will own all intellectual property rights, including (without limitation) copyright, in and to all deliverables provided by the Vendor and its subcontractors. All information, data, plans, specifications, reports, estimates, summaries, photographs and all other documentation prepared by the Vendor in the performance of the Services under the Agreement, whether they be in draft or final format, shall be the exclusive property of the City. 16. Payment Schedule

A payment schedule satisfactory to the City shall form part of the Agreement.

No fees or reimbursable expenses shall become payable to the Vendor pursuant to the Agreement other than pursuant to one or more signed schedules.

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The Vendor shall submit invoices in such detail as may be required by the City, and the City reserves the right to require further proof or documentation from the Vendor in respect of services performed or expenses incurred by the Vendor and the Vendor shall provide, without delay, such further proof or documentation.

If the City does not approve of the Services which are the subject of the invoice, the City shall advise the Vendor in writing of the reasons for non-approval and the Vendor shall remedy the problem at no additional cost to the City before the City shall be obliged to pay the invoice or any part of it, as the case may be. The Vendor shall be solely responsible for the payment of all personnel costs including statutory and otherwise (including without limitation subcontractors and suppliers and their respective personnel) made available by it and used for performance of any of the Services.

17. Termination Provisions

Upon giving the Vendor not less than thirty (30) days’ prior written notice, the City may, at any time and without cause, cancel the Agreement, in whole or in part. In the event of such cancellation, the City shall not incur any liability to the Vendor apart from the payment for the goods, material, articles, equipment, work or services that have been satisfactorily delivered or performed by the Vendor at the time of cancellation.

Failure of the Vendor to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable is not rectified in that time. In the event of such termination, the City shall not incur any liability to the Vendor apart from the payment for the goods, material, articles, equipment, work or services that have been satisfactorily delivered or performed by the Vendor at the time of termination.

All rights and remedies of the City for any breach of the Vendor's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law.

No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Upon termination, all originals and copies of data, plans, specifications, reports, estimates, summaries, photographs, and other documents that have been accumulated and/or prepared by the Vendor in performance of the Agreement shall be delivered to the City in a clean and readable format. 18. Right to Audit

The City may audit all financial and related records associated with the terms of the Agreement including timesheets, reimbursable out of pocket expenses, materials, goods, and equipment claimed by the Vendor. The Vendor shall at all times during the term of the Contract, and for a period of (7) seven years following completion of the Agreement, keep and maintain records of the Work performed pursuant to this Agreement. This shall include proper records of invoices, vouchers, timesheets, and other documents that support actions taken by the Vendor. The Vendor shall at his own expense make such records available for inspection and audit by the City at all reasonable times. 19. Liquidated Damages

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If the Vendor at any time fails to supply all goods or services to the City as specified within the Agreement, or fails to replace goods or services rejected by the City, then the City shall be permitted to procure such goods or services elsewhere and charge any additional costs incurred by the City to the Vendor unless otherwise specified, and deduct such amounts from payments due to the Vendor or to otherwise collect such costs from the vendor by any other method permitted by law. 20. Right to Retain Monies

The City shall have the right to retain out of monies payable to the vendor under the Agreement the total amount outstanding for time to time of all claims arising out of the default of the Vendor of its obligations to the City. This shall include claims pursuant to this or any other Contract or cause of action between the Vendor and the City which have not been settled between the City and the Vendor. 21. Occupational Health and Safety

a. The Vendor shall comply with all federal, provincial or municipal occupational health and

safety legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").

b. Nothing in this section shall be construed as making the City the "employer" (as defined in

the OHSA) of any workers employed or engaged by the Vendor for the contracted security services either instead of or jointly with the Vendor.

c. The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to

perform the contracted security services and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the contracted security services.

d. The Vendor acknowledges and represents that:

i. The workers employed to carry out the contracted security services have been provided with training in the hazards of the contracted security services to be performed and possess the knowledge and skills to allow them to work safely;

ii. The Vendor has provided, and will provide during the course of the agreement, all

necessary personal protective equipment for the protection of workers;

iii. The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their duties in a diligent and responsible manner with due consideration for the health and safety of workers;

iv. The Vendor has in place an occupational health and safety, workplace violence and workplace harassment policies in accordance with the OHSA; and

v. The Vendor has a process in place to ensure that health and safety issues are identified and addressed and a process in place for reporting work-related injuries and illnesses.

e. The Vendor shall provide, at the request of the Director or his designate, the following as

proof of the representations made in paragraph d(i) and d(iv):

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i. documentation regarding the training programs provided or to be provided during the

contracted security services (i.e. types of training, frequency of training and re-training); and

ii. the occupational health and safety policy.

f. The Vendor shall immediately advise the Director or his designate in the event of any of the

following:

i. A critical injury that arises out of contracted security services that is the subject of this agreement;

ii. An order(s) is issued to the Vendor by the Ministry of Labour arising out of the contracted security services that is the subject of this agreement;

iii. A charge is laid or a conviction is entered arising out of the contracted security services that is the subject of this agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code, R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

g. The Vendor shall be responsible for any delay in the progress of the contracted security

services as a result of any violation or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the contracted security services or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the contracted security services without additional cost to the City.

h. The Vendor shall comply with all federal, provincial or municipal occupational health and

safety legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").

i. Nothing in this section shall be construed as making the City the "employer" (as defined in

the OHSA) of any workers employed or engaged by the Vendor for the contracted security services, either instead of or jointly with the Vendor.

j. The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to

perform the contracted security services and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the contracted security services.

k. The Vendor acknowledges and represents that:

i. The workers employed to carry out the contracted security services have been provided with training in the hazards of the contracted security services to be performed and possess the knowledge and skills to allow them to work safely;

ii. The Vendor has provided, and will provide during the course of the agreement, all

necessary personal protective equipment for the protection of workers;

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iii. The Vendor’s supervisory employees are competent, as defined in the OHSA, and will

carry out their duties in a diligent and responsible manner with due consideration for the health and safety of workers;

iv. The Vendor has in place an occupational health and safety, workplace violence and workplace harassment policies in accordance with the OHSA; and

v. The Vendor has a process in place to ensure that health and safety issues are identified and addressed and a process in place for reporting work-related injuries and illnesses.

l. The Vendor shall provide, at the request of the Director, Corporate Security Division or his

designate, the following as proof of the representations made in paragraph d(i) and d(iv):

i. documentation regarding the training programs provided or to be provided during the contracted security services (i.e. types of training, frequency of training and re-training); and

ii. the occupational health and safety policy.

m. The Vendor shall immediately advise the Director, Corporate Security Division or his

designate in the event of any of the following:

i. A critical injury that arises out of documentation regarding the training programs provided or to be provided during the contracted security services (i.e. types of training, frequency of training and re-training); and

ii. that is the subject of this agreement;

iii. An order(s) is issued to the Vendor by the Ministry of Labour arising out of the contacted security services that is the subject of this agreement;

iv. A charge is laid or a conviction is entered arising out of the contracted security services that is the subject of this agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code, R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

n. The Vendor shall be responsible for any delay in the progress of the contracted security

services as a result of any violation or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the contracted security services or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the contracted security services without additional cost to the City.

o. The parties acknowledge and agree that employees of the City, including senior officers, have no authority to direct, and will not direct, how employees, workers or other persons employed or engaged by the Vendor do work or perform a task that is the subject of this agreement.

22. Workplace Safety and Insurance Act

The Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB") workers’ compensation coverage for its employees providing Services under this

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agreement, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997.

The Vendor represents and warrants that it shall be in good standing with the WSIB throughout the term of this agreement. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a Clearance Certificate issued by the WSIB confirming that the Vendor has paid its assessment based on a true statement of the amount of its current payroll in respect of the Services and that the City is relieved of financial liability. Thereafter, throughout the period of Services being supplied, a new Clearance Certificate will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the Certificate's validity period whichever comes first.

The Vendor shall ensure that any and all persons, including but not limited to volunteers, students, subcontractors and independent contractors, providing services under this agreement, have secured WSIB coverage, whether required statutorily or not, for the term of this agreement.

23. Accessibility Standards and Customer Service Training Requirements The Vendor must ensure that all deliverables conform to the requirements of the Accessibility for Ontarians with Disabilities Act, 2005. The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training requirements set out in the City's policy on Accessible Customer Service Training Requirements for Contractors, Consultants and other Services Providers. For a copy of the City of Toronto requirement, visit the website at: https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/accessible-customer-service-training-requirements/

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APPENDIX C - STANDARD SUBMISSION FORMS

FORM 1: Proposal Submission Form – Mandatory

FORM 2: Notice of No Submission – If Applicable

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REQUEST FOR PROPOSAL NO. 9101-19-0198 Security Guard Services for Respite/ Refugee and Shelter locations

CLOSING: 12:00 NOON (LOCAL TORONTO TIME) July 8th, 2019 1. PROPONENT INFORMATION Please complete following form, and name one (1) authorized person to be the contact for the procurement process and for any clarifications or amendments that might be necessary.

Full Legal Name of Proponent:

Any Other Trade Name under Which the Proponent Carries on Business:

Street Address:

City, Province/State:

Postal Code:

Phone Number:

Fax Number:

Company Website (If Any):

Contact Person and Title:

Contact Phone:

Contact Facsimile:

Contact E-mail:

2. REQUEST FOR PROPOSAL TERMS, CONDITIONS AND SPECIFICATIONS

By signing this form the Proponent agrees that if selected to provide the goods and/or services described in this Request for Proposal document, they will provide those goods and/or services in accordance with the terms, conditions, and specifications contained in the Request for Proposal document and in accordance with the Proponent's proposal submission.

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3. POLICIES The Proponent has read, understood and agrees to comply with the policies, practices and statements found on the City’s website at the following link: https://web.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/ Without limiting the Proponent's acknowledgement of the City's general procurement policies, by signing this form, the Proponent acknowledges and certifies that the Proponent, and any of its proposed subcontractors, will provide the goods and/or services in compliance with the following specific policies:

3. 1 DECLARATION OF COMPLIANCE WITH THE CITY'S SUPPLIER CODE OF CONDUCT By signing this form, the Proponent acknowledges that it has read and understands its obligations under the Toronto Supplier Code of Conduct and further certifies that the Proponent, and any of its proposed subcontractors, will provide the services in compliance with the Toronto's Supplier Code of Conduct. Refer to the Supplier Code of Conduct in Article 13 of Chapter 195, Purchasing, of the Toronto Municipal Code.

3.1.1 PROHIBITION AGAINST COLLUSION AND UNETHICAL BIDDING If the box below is left blank, the Proponent will be deemed to declare that it had no affiliation or other relationships with other Proponents that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships. If the Proponent declares an affiliation or other relationship with other Proponents that might be seen to compromise the principle of fair competition, the Proponent must set out the details below:

Refer to the Supplier Code of Conduct in Section 3.1 of Form 1 of this RFP.

3.1.2 PROHIBITION AGAINST ILLEGALITY If the box below is left blank, the Proponent will be deemed to declare that is has no previous convictions of itself or affiliated persons for collusion, bid-rigging, price-fixing, bribery, fraud, or other similar behaviors or practices prohibited under the Criminal Code, the Competition Act, or other applicable law, for which the Proponent has not received a pardon.

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If the Proponent declares that it has previous convictions of itself or affiliated persons, the Proponent must set out the details below:

Refer to the Supplier Code of Conduct in Section 3.1 of Form 1 of this RFP.

3.1.3 CONFLICTS OF INTEREST OR UNFAIR ADVANTAGE For the purposes of this section, the term “Conflict of Interest” means

(a) in relation to the procurement process, the Proponent has, or is seen to have, an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the City in the preparation of its proposal that is not available to other Proponents, (ii) communicating with any person with a view to influencing preferred treatment in the procurement process (including but not limited to the lobbying of decision makers involved in the procurement process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the procurement process; or

(b) in relation to the performance of its contractual obligations contemplated in the Contract that is the subject of this procurement, the Proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.

Potential Conflicts of Interest or unfair advantage include, but are not limited to: (1) Engaging current or former City employees or public office holders to take any part in the preparation of the proposal or the performance of the Contract if awarded, any time within two (2) years of such persons having left the employ or public office of the City; (2) Engaging any family members, friends or private business associates of any public office holder which may have, or appear to have, any influence on the procurement process or performance of the Contract, if awarded; (3) Prior involvement by the supplier or affiliated persons in developing the technical specifications or other evaluation criteria for the solicitation; (4) Prior access to confidential City information by the supplier, or affiliated persons, that is materially related to the solicitation and that was not readily accessible to other prospective Proponents; or (5) The Proponent or its affiliated persons are indebted to or engaged in ongoing or proposed litigation with the City in relation to a previous Contract. If the box below is left blank, the Proponent will be deemed to declare that (a) there was no Conflict of Interest in connection with preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in this RFSQ process.

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The Proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the Proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the procurement. If the Proponent declares an actual or potential Conflict of Interest, the Proponent must set out the details below:

The following individuals, as employees, advisers, or in any other capacity (a) participated in the preparation of our proposal; AND (b) were employees of the City and have ceased that employment within twenty four (24) months prior to the Submission Deadline:

Name of Individual:

Job Classification:

Department:

Last Date of Employment with the City:

Name of Last Supervisor:

Brief Description of Individual’s Job Functions:

Brief Description of Nature of Individual’s Participation in the Preparation of the Proposal:

(Repeat above for each identified individual. Proponents may include this information on a separate sheet if more space is required) The Proponent agrees that, upon request, the Proponent shall provide the City with additional information from each individual identified above in a form prescribed by the City.

3.2 RIGHT TO REJECT DEBTORS AND SET OFF POLICY For a copy of the City of Toronto Policy, visit the website: RIGHT TO REJECT DEBTORS AND SET OFF POLICY

3.3 ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT For a copy of the City of Toronto Environmentally Responsible Procurement Policy, visit the website: ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT State if environmentally preferred products/service is being offered: YES______

NO______ State briefly the environmental benefit of the product/service offered: __________________________________________________________________________ __________________________________________________________________________

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3.4 DECLARATION OF COMPLIANCE WITH ANTI-HARASSMENT/DISCRIMINATION LEGISLATION & CITY POLICY Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that Contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the Contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council. Declaration:

I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the Contract.

3.6 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY For a copy of the City of Toronto Policy, visit the website: https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/accessible-customer-service-training-requirements/

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4. DISCLOSURE OF INFORMATION The proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the City to the City’s advisers retained for the purpose of evaluating or participating in the evaluation of this proposal. The proponent shall provide the City with ongoing disclosure, should the proponent be awarded a Contract and any of the information provided above change.

5. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA BY NUMBER AND ISSUE DATE I/WE ACKNOWLEDGE THE RECEIPT OF ALL ADDENDA ISSUED: ADDENDUM No(s). TO DATED TO

SIGNATURE OF AUTHORIZED SIGNING OFFICER _______________________________________________________________________________ PRINTED NAME OF SIGNING OFFICER

I have authority to bind the proponent and attest to the accuracy of the information provided in this proposal.

THIS FORM (6 PAGES) MUST BE COMPLETED, SIGNED AND SUBMITTED WITH YOUR PROPOSAL OR YOUR PROPOSAL WILL BE DECLARED NON-COMPLIANT.

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IMPORTANT - PLEASE READ THIS It is important to the City of Toronto to receive a reply from all invited Proponents. There is no obligation to submit a Proposal; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Proposal in the future. INSTRUCTIONS: If you are unable, or do not wish to submit a Proposal on this Request for Proposals, please complete the following portions of this form. State your reason for not submitting a Proposal by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Proposals documents. 1. We do not offer this service.

Other reasons or additional comments.

2. We do not offer services to these requirements.

3. Unable to offer services competitively.

4. Cannot handle due to present commitments.

5. Quantity/project too large.

6. Cannot meet delivery/completion requirements.

7. Licensing restrictions.

Do you wish to participate in Request for Proposals for services in the future? YES ____ NO ____ For City’s use only - Do not write in this space.

Company Name: Address: Signature of Company Representative: Position: Date:

Tel. No.: Fax No.:

Send by email: kazinahiyan.uddin@toronto.ca

FORM 2 NOTICE OF “NO SUBMISSION”

RFP # : 9101-19-0198 SE CLOSING

DATE:

July 8, 2019

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APPENDIX D - PRICE FORM

Please see the file attached titled "Appendix D – Price Form" As this is a two envelope process, the Price Detail Form must be completed as per Section 5.2. Hourly rates must be submitted for all positions listed for all years (including optional years). The facility site hours are estimated for the purpose of this RFP and actual hours may be higher or lower. The 16,327 contingency hours are added to the Contract to allow the Corporate Security Unit to administer emergency and contingency security requirements within the scope of this RFP and therefore it is unknown at the time of this RFP how many contingency hours of service will be purchased. The contingency hours may require any of the identified levels of service within the Contract. For instructions on completing this form, see section 5.3, sub-section 7.

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APPENDIX E - PROPOSAL EVALUATION TABLE

Please see the attached file titled "Proposal Evaluation Table"

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APPENDIX F - CONFIDENTIAL ATTACHEMENT

Estimated Guard Contract Hours By Location (To be distributed at the Mandatory Site Meeting)

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APPENDIX G - MANDATORY SKILLSETS - SECURITY PERSONNEL

I- Respite/ Refugee and Shelter Security Guard Qualifications:

Mandatory Security Guard Skill Set

1. Each Security Guard assigned to Corporate Locations must have at least 2 years of

building security experience, monitoring alarms, Access Control & CCTV; 2. Must possess in good standing a valid Security License; 3. Must have had 40 hours of Security training through the Contract company. Training

Program must be approved by PSIS and must include Use of Force by a certified Use of Force Trainer; and must be trained and certified to carry handcuffs and expandable baton.

4. Must have certificate for Worker Health and Safety Awareness in 4 Steps; 5. Must possess valid Standard First Aid, CPR & AED Certificate. 6. Must possess current Mental Health First Aid Certification 7. Must possess current Nonviolent Crisis Intervention Training Certificate (Crisis

Prevention Institute CPI) 8. Must possess current Managing of Resistive Behavior Training Certificate (Stay Safe

Instructional Program SSIP)

9. Must read and sign off on Security Post Orders; 10. Experience in modern corporate building security/law enforcement, security systems and

their functions; 11. Strong working knowledge of various security hardware, software, keying and systems; 12. Demonstrated ability to understand and interrupt information an follow instructions and

workplace procedures 13. Comprehensive knowledge of and interpretation / application of common security

policies and various related Acts, Codes and legislation including the Criminal Code, the Trespass to Property Act, the Fire Code, Ontario Occupational Health & Safety Act and WHMIS;

14. Proven ability to react to and resolve emergency and crisis situations in a proper manner, including Fire Alarms, Bomb Threats, Medical Emergencies;

15. Established experience preparing and maintaining clear, concise, and legible security reports and maintain detailed records in a personal memo book;

16. Highly developed interpersonal and customer service skills, including conflict resolution, problem solving, decision making, situational assessment and communication skills; respecting and maintaining professional boundaries in the workplace

17. Retains strong written and verbal skills in business English; 18. Demonstrated experience of patrolling procedures, evaluations of deficiencies and

proper security standards; Roles & Responsibilities

1. Providing Security Guard Services throughout the front line of the Respite/Refugee

and Shelter locations including: static access control, patrols, responding to, emergency and crisis and sometime volatile situations.

2. Maintaining a professional and respectful demeanor while being cognisance of professional and interpersonal boundaries in the workplace.

3. Observing, investigating and acting on possible breaches of security, fire and safety hazards, illegal entry, theft, and malfunction or interruption of utilities.

4. Acting as an Information Officer, responding to inquiries. Assisting in the movement of service users, contactors and employees.

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5. Informing the designated authorities in the event of security, fire or health emergencies. Activating fire alarm and safety systems and assisting in evacuation procedures. Escorting designated authorities, police, fire, ambulance personnel to emergency locations.

6. Recording and maintaining log books of daily activities, unusual or special occurrences and issuance of equipment to staff.

7. Legally arrest individuals and surrender same to Police as soon as possible. 8. Documenting security incidents, conducting investigations, preparing incident reports,

and conducting follow up investigations. 9. Performing other related duties as assigned by the City contact or his/ her designate.

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II- Respite/Refugee and Shelter Supervisor Qualifications:

Mandatory Security Supervisor Skill Set

1. Each Security Supervisor assigned to the City of Toronto must have at least 2 years of

security supervision experience; 2. Proven ability to lead, motivate and coach front line security staff for optimal

performance. 3. Supervise staff, including recruitment, selection, performance appraisal, deployment

and professional development to ensure skilled and competent resources are deployed;

4. Must have certificate for Worker Health and Safety Awareness in 4 Steps and certificate Supervisor Health and Safety Awareness in 5 Steps;

5. Must possess valid Standard First Aid, CPR & AED Certificate. 6. Must possess a valid Mental Health First Aid Certificate 7. Must possess current Nonviolent Crisis Intervention Training Certificate (Crisis

Prevention Institute CPI) 8. Must possess current Managing of Resistive Behavior Training Certificate (Stay Safe

Instructional Program SSIP)

9. Must have had 40 hours of Security training through the Contract company. Training Program must be approved by PSIS and must include Use of Force by a certified Use of Force Trainer & must be trained and certified to carry handcuffs and expandable baton;

10. Must possess a valid Security license in good standing; 11. Retains strong written and verbal skills in business English; 12. Each Security Supervisor assigned to a Respite/Refugee and Shelter location must

have at least 2 years of building security experience, monitoring alarms, Access Control & CCTV;

13. Must read and sign off on assigned locations post orders; 14. Experience in modern corporate building security/law enforcement, security systems

and their functions; 15. Proven strong working knowledge of various security hardware, software, systems; 16. Comprehensive knowledge and interpretation / application of common security

policies and various related Acts, Codes and legislation including the Criminal Code,

the Trespass to Property Act, the Fire Code, Ontario Occupational Health & Safety Act

and WHMIS; 17. Proven ability to quickly react to and resolve emergency and crisis situations in a

proper manner, including Fire Alarms, Bomb Threats, Medical Emergencies; 18. Established experience preparing and maintaining clear, concise, and legible security

reports and maintain detailed records in a personal memo book; 19. Highly developed interpersonal and customer service skills, including conflict

resolution, problem solving, decision making, situational assessment and communication skills; respecting and maintaining professional boundaries in the

workplace 20. Established experience of patrolling procedures, evaluations of deficiencies and proper

security standards;

Roles & Responsibilities:

1. Ensures that all Security Personnel assigned meet the mandatory skill set required to work at the specified location.

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2. Confirms that assigned Security Personnel have the required training and are compliant to work.

3. Inspects and confirms that Security Personnel deployed are fit for duty, have their security guard license, proper uniform and required PPE and have properly book on and off duty at the beginning and end of shift.

4. Ensures appropriate staffing levels at assigned location are met for each shift. 5. Routinely inspects tasks performed by the front line guards to ensure proper completion. 6. Deliver site training and site orientation for new security staff assigned. 7. Provide constructive coaching and counseling to front line Guard force as required. 8. Maintain a detailed account of shift activities and the tasks completed. 9. Organizes training for Contract guards when required. 10. Promptly addresses any concerns raised by the City of Toronto Security Management

and or Shelter Service Provider management in a transparent manner. 11. Completes documented post checks at locations where security personnel are

stationed to verify that they are performing their duties as expected. 12. Review all security incidents to ensure that the reports are properly written and

compliant to standards. 13. Hold staff accountable, for their actions. 14. Foster a well-functioning highly engaged collaborative team. Say thanks often and

recognize staff for doing a great job when things go well and provide constructive coaching and advise to staff as required

15. Reinforces with security personnel the duties and responsibilities and the role of security services of and site expectations for security personnel to perform their duties efficiently.

16. Leads in the responds to security incidents and provides leadership and support to the front line personnel..

17. Performs other related duties or tasks as assigned by the City of Toronto Corporate Security Management Representative and/or their designate.

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III- Respite/Refugee and Shelter Security Mobile Guard Qualifications

All mobile vehicles used for scheduled shifts must be a marked fleet vehicle. Any additional

shifts added where a fleet marked vehicle cannot be obtained must still be marked but Vendor

may use magnets on a personal vehicle.

Mandatory Skill Set – Guard

1. Must have a valid Driver’s license; 2. Each Security Guard assigned to Mobile must have at least 2 years of mobile

response security experience; 3. Must possess in good standing a valid Security license; 4. Must have had 40 hours of Security training through the Contract company. Training

Program must be approved by PSIS and must include Use of Force by a certified Use of Force Trainer; and must be trained and certified to carry handcuffs and expandable baton.

5. Must have certificate for Worker Health and Safety Awareness in 4 Steps; 6. Must possess valid Standard First Aid, CPR & AED Certificate. 7. Must possess current Mental Health First Aid Certification 8. Must possess current Nonviolent Crisis Intervention Training Certificate (CPI) 9. Must possess current Managing of Resistive Behavior Training Certificate (Stay Safe

Instructional Program SSIP) 10. Must read and sign off on Security Post Orders; 11. Experience in modern corporate building security/law enforcement, security systems and

their functions; 12. Strong working knowledge of various security hardware, software, keying and systems; 13. Demonstrated ability to understand and interrupt information an follow instructions and

workplace procedures 14. Comprehensive knowledge of and interpretation / application of common security

policies and various related Acts, Codes and legislation including the Criminal Code,

the Trespass to Property Act, the Fire Code, Ontario Occupational Health & Safety Act

and WHMIS;

15. Proven ability to react to and resolve emergency and crisis situations in a proper

manner, including Fire Alarms, Bomb Threats, Medical Emergencies; 16. Established experience preparing and maintaining clear, concise, and legible security

reports and maintain detailed records in a personal memo book; 17. Highly developed interpersonal and customer service skills, including conflict

resolution, problem solving, decision making, situational assessment and

communication skills; respecting and maintaining professional boundaries in the workplace

18. Retains strong written and verbal skills in business English; 19. Demonstrated experience of patrolling procedures, evaluations of deficiencies and

proper security standards;

Roles & Responsibilities

1. Providing Security Guard Services through the operation of various security systems and

patrolling, including responding to routine, emergency, security and law enforcement calls maintaining the utmost confidentiality at all times.

2. Observing, investigating and acting on possible breaches of security, fire and safety hazards, illegal entry, theft, and malfunction or interruption of utilities.

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3. Informing the designated authorities in the event of security, fire or health emergencies. Activating fire alarm and safety systems and assisting in evacuation procedures. Escorting designated authorities, police, fire, ambulance personnel to emergency locations.

4. Recording and maintaining log books of daily activities, unusual or special occurrences and issuance of equipment to staff.

5. Legally arrest individuals and surrender same to Police as soon as possible. 6. Receiving/recording complaints, conducting investigations, preparing incident

reports, and conducting follow up investigations. 7. Performing duties such as open-up and lock-down procedures, bomb threat searches

and security/ life safety equipment inspections and testing. 8. Performs other related duties or tasks as assigned by the City of Toronto Corporate

Security Management representative and/or their designate.

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APPENDIX H - SAMPLE PERFORMANCE EVALUATION FORM

Vendor: Evaluator: Date: Site:

CONTRACT EXECUTION Weighted score

Rating

A.1. Adherence to General Conditions of the agreement. /10

A.2. Adherence and compliance with PSISA /10

A.3. Compliance with any other by-laws, government laws, provincial and local government requirements

/10

A.4. Provision of compliant security personnel meeting the minimum skillsets, experience requirements as specified in Appendix G.

/10

A.5. Timely response time to guard service requests and the scheduling security personnel in a timely manner 24 hours/ day; 7 days/ week; 356 days/ year.

/10

A.6. Compliance with invoicing requirements /10

A.7. Prompt and timely responses from the Vendor's Management Team for investigating and appropriately addressing all security personnel performance / service issues within a 48 hour period.

/10

A.8. Ensures that all shifts are covered and are not running open.

/10

A.9. Ensures that all security personnel are uniformed and equipped as specified in Appendix I

/10

A.10. Interim deadlines and completion dates met /10

100 100%

Rating: Excellent ***** (100%); Good **** (75%); satisfactory *** (50%); mediocre ** (25%); poor * (0%)

Comments: In addition to regular monthly Contract update meetings with the Vendor an official Performance review of the services provided by the Vendor will occur at the (3) three month and (6) six month anniversary from the date the service Contract was awarded and semi-annually Should the Vendor receive an unfavorable performance rating of 60% or below, the City may issue an official breach notice. The Vendor will have 10 calendar days from letter date to provide the Vendor with some time and space to address their performance issues.

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APPENDIX I - UNIFORM AND EQUIPMENT RESPONSIBILITIES

The Security Guard, Security Mobile Guard, and Security Guard Shift Lead uniform must consist of the following:

White short and long sleeve shirt.

Fall and Winter Duty jacket with 2-ways zippered side opening with snap tab closure.

Highly visible, waterproof, Reversible Raincoat with slash through pocket for access to equipment.

Blue Cargo pants with two side leg cargo pockets and stitched front creases.

Waterproof Windbreaker jacket with slash through pocket for access to equipment.

100% Acrylic Winter Toque.

100% Acrylic, crew neck, Fall and Winter Storm Stopper Sweater with wind resistant inner lining.

C.S.A. (Standard Z195-14) Grade 1 - approved safety footwear (Green Triangle Patch); must be all back in color.

Custom fit MFF28 Level 2 Interior Ballistic Vest with external carrier.

One set of Handcuffs and one handcuff pouch.

21 inch Collapsible Baton and holder.

Interior and exterior Duty Belt with Keepers.

Flashlight. One pair of slash resistant gloves.

Any modification from the above uniform specifications shall be reviewed and approved by the City prior to deployment. All outerwear and shirts shall bear the Vendor's crest in a conspicuous position as well as any other mandated insignia or emblems. The Vendor shall remain responsible for adhering to any changes to the uniform as a result of the Private Security Act. Equipment Responsibilities The following responsibility list details the equipment in which the Vendor must supply to each Security Guard and the equipment the City will supply:

Equipment City Vendor

Personal Memo books, Post Log Books

X

Typical office stationary items (pens, paper supplies, etc.)

X

Two way radios and related accessories (holsters, belt clips) When required

X

Computers X

Security system programs (patrol software, report writing software)

X

Access Cards X

First Aid/Medical Supplies X

Any other ancillary equipment that may be deemed necessary by the Vendor with the agreement of the City shall be made available by the Vendor to the Security Personnel assigned to this Contract.

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APPENDIX J - NON-DISCLOSURE DECLARATION (NDD)

1) Proponents must complete the following NDD, as outlined within the RFP, in order to attend the Mandatory Information Meeting described in Section 2.1.

2) Accessibility Audit Reports and DSS Audit reports may only be released by the City to viable parties following their signing and delivering in person, the original NDD to the City Contact to the address specified on page 1 of the RFP.

3) The City reserves the right to only issue access to Confidential Information to viable parties that have a reasonable business interest in the Services described in this RFP. The City reserves the right to require interested parties to demonstrate their viability by providing a description of their business strategy, operations, partners, project experience, or any other such information as deemed necessary by the City. The City reserves the sole and absolute discretion to determine the viability of a party.

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NON-DISCLOSURE DECLARATION (NDD) THIS DECLARATION is given to the City of Toronto (the “City”) as of the ______ day of _________, 2019 by _______________________________________________ (NAME OF COMPANY/PERSON), (hereinafter called the “Recipient”), as an entity receiving confidential information in respect to the City's Request for Proposal No. 9119-19-0162 – Design, Program Management, and Contract Administration Services for Accessibility Upgrades (the “RFP”); WHEREAS as part of the RFP process, interested parties may request Accessibility Audit Reports and Designated Substance Surveys (DSS) Reports, each containing confidential information relating to the RFP and may request a Commercial in Confidence Meeting with the City to discuss confidential information relating to the RFP; and WHEREAS the Recipient acknowledges that it must execute this Non-Disclosure Declaration and abide by its requirements in order to obtain the confidential information intended to assist in the preparation of a response to the RFP; NOW, THEREFORE, in consideration of receiving the confidential information, the Recipient agrees and declares as follows:

1. The Recipient agrees that all of the information contained in the Accessibility Audit Reports

and DSS Reports and all information discussed or provided by the City during the Commercial in Confidence Meeting shall be considered confidential information (the "Information").

2. The Recipient agrees:

a. to maintain the Information as confidential; b. not to disclose the Information or any part thereof to any third party except as set out

below;

c. not to use the Information for any purpose other than preparing a response to the RFP;

d. that title to the Information is and at all times shall be held by the City and shall not, under any circumstances, pass from the City to the Recipient;

e. to immediately return the Information and any copies thereof to the City upon request

by the City, and to destroy all electronic versions of the Information in its possession and to certify to the City that this has been done.

3. The Recipient may disclose the Information on a strictly need-to-know basis to its personnel

or representatives solely for the purpose of assisting in the preparation of a response to the RFP.

4. The Recipient assumes full responsibility and liability for ensuring that all of its personnel and

representatives are made aware of and comply with the obligations set out in this Declaration.

5. The above obligations shall not apply to any Information which is or which becomes generally known to the public by means other than a breach of this Declaration by the Recipient, or which is independently developed by the Recipient without use of, or access to, the Information.

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6. In the event that any disclosure of the Information is required at law, the Recipient will

immediately notify the City of such requirement prior to the disclosure or release of any of the Information.

The Recipient executes this Declaration through the signature of its duly authorized signatory. ON BEHALF OF _________________________________________ (Name of Corporation) Signature: ______________________________________ Name: ______________________________________ Title: ______________________________________

I have the authority to bind the corporation.

Signed in the presence of: WITNESS (not required if corporate seal is affixed) Signature: ______________________________________ Name: ______________________________________

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APPENDIX K - GUIDE TO PROSPECTIVE ProponentS APPLICATION OF THE FAIR WAGE SCHEDULES In accordance with the City of Toronto Fair Wage Policy, Contractors and Sub-contractors are responsible to pay workers employed in “field work”, a rate of wages not less than that set out for such work in the applicable Schedule of Wage Rates for this Contract is as follows:

APPLICABLE FAIR WAGE SCHEDULE

“GENERAL CLASSIFICATION” On May 26, 2017, City Council enacted By-law No. 588-2017 that revises the General Classification Schedule for 2016 – 2019. This schedule is applicable to various industries as determined by work characteristics for Security Services, Building Cleaning & Maintenance, Window Cleaners, Landscaping, and Garage Concrete Repair & Restoration. To obtain a copy of the General Classification Schedule, call the Fair Wage Office at the telephone number listed below, or access the following link:

General Classification Schedule 2016-2019.pdf

In case of a jurisdictional dispute or dispute as to the rate of wages to be paid under the contract or to the amount to be paid to any worker, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties.

In the event that other Fair Wage Schedules may overlap the work covered by this Contract, please contact the Fair Wage Office at (416) 392-7300 to seek clarification.

Human Resources

Fair Wage Office 100 Queen Street West City Hall, 18th Floor, West Tower Toronto, ON M5H 2N2

Tel: 416-392-7300 Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: fairwage@toronto.ca Visit us at www.toronto.ca/fairwage

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1 Regular Hours 91,392 Hour

2 Statutory Holiday 2,304 Hour

3 Ad-hoc Hours 4,200 Hour

4 Regular Hours 3,264 Hour

5 Statutory Holiday 76 Hour

6 Ad-hoc Hours 4,200 Hour

7 Regular Hours 42,840 Hour

8 Statutory Holiday 1,080 Hour

9 Ad-hoc Hours 4,200 Hour

-$

(B)

(C)

(D) = A x B $0.00

$0.00

POTENTIAL OPTION YEARS

Option Year 1 Renewal ** Note: Option Year 1 adjustment will be based on the prices of the original Term of the Contract

Security Supervisors

Security Mobile Guards

Security Guards

Renewal Term(s) will be based on the initial Contract award end date.

Unit Price in ($)for one (3) years from the date of

Award (B)

Extended Price ($) for Three (3) Years from

the date of Award (C)C = A x B

(A) TOTAL BID PRICE BEFORE DISCOUNTS (EXCLUDING HST):

State your % Early Payment Discount (If Applicable):

State the Early Payment Discount Terms being offered if applicable (e.g Net 20 Days):

Total Early Payment Discount Amount applied to Total Bid Price Before Discounts (EXCLUDING HST):

TOTAL EVALUATED BID PRICE (A - D):

Appendix "D" - Price Form

Provision of Security Services for Respite Centres and Shelters

PRICE TO BE COMPLETED PER UNIT SPECIFIED AND MUST INCLUDE ALL APPLICABLE CHARGES EXCLUDING HST. IN THE EVENT OF MATHEMATICAL ERRORS FOUND IN THE PRICING PAGES, THE UNIT PRICES QUOTED SHALL PREVAIL. EXTENSIONS AND TOTALS WILL BE CORRECTED ACCORDINGLY

AND ADJUSTMENTS RESULTING FROM THE CORRECTION WILL BE APPLIED TO THE TOTAL BID PRICE QUOTED.

Item # Description

Approximate Total Annual

Hours(A)

Unit of Measure

Prices that are intended to be zero cost/no charge to the City are to be submitted in the space provided in the price schedule as "0.00". Proponents THAT DO NOT FULLY COMPLETE THE PRICE FORM (SUCH AS LEAVING THE LINES BLANK), OR HAVE UNCLEAR ANSWERS (SUCH AS "N/A", "-", or "TBD", DASHES, OR

HYPHENS) WILL BE DECLARED NON-COMPLOIANT.

RFP 9101-19-0198

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