Request for Proposal #03/16 Community Needs Assessment Page 1 of 17

Red Deer County 38106 Range Road 275 , AB T4S 2L9

Request for Proposal #03/16

Community Needs Assessment

Proposal Closing Time: May 16, 2016

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TABLE OF CONTENTS

1.0 INVITATION TO SUBMIT PROPOSAL ...... 3 2.0 PROPONENTS QUESTIONS ...... 3 3.0 INSTRUCTION TO PROPONENTS ...... 3 4.0 CONTEXT ...... 5 5.0 PURPOSE…………………………………………………………………………………………………………………..5 6.0 PROJECT OBJECTIVES……………………………………………………………………………………………… .5 7.0 LIAISON…………………………………………………………………………………………………………………….8 8.0 SCOPE OF WORK…...... 8 9.0 FEES………………………………………………………………………………………………………………………….8 10.0 DELIVERABLES………………………………………………………………………………………………………….8 11.0 PROJECT TIMELINES………………………………………………………………………………………………….8 12.0 EVALUATION…………………………………………………………………………………………………………….9 13.0 APPROVAL PROCESS…………………………………………………………………………………………………9 14.0 GENERAL TERMS & CONDITIONS……………………………………………………………………………… 9 15.0 CERTIFICATION………………………………………………………………………………………………………..17

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1.0 INVITATION TO SUBMIT PROPOSAL

Your organization is hereby invited to submit a proposal for the preparation of a Community Needs Assessment for Red Deer County, as set out in this Request for Proposal documentation.

Request for Proposal: #03/16 Description: Community Needs Assessment Date Issued: April 15, 2016 Closing Date: May 16, 2016 Closing Time: 4:30 p.m. (local time) Public Opening: No

Please indicate Request for Proposal Number and description on all correspondence.

This Request for Proposal does not commit Red Deer County to award a contract or pay any costs incurred in the preparation of a proposal, or attendance at a meeting with Red Deer County staff.

2.0 PROPONENTS QUESTIONS

Questions can be directed to the Community Services Manager prior to bid submission.

3.0 INSTRUCTION TO PROPONENTS

3.1 Inquiries

Refer all proposal inquiries to Jo-Ann Symington, Community Services Manager, by email at [email protected] All written inquiries and the replies thereto will be copied to all proponents.

3.2 Proposal Return

Request for Proposal submissions shall be sealed and enclosed in envelopes or containers marked with the Request for Proposal number and addressed to:

Red Deer County 38106 Range Road 275 Red Deer County, AB T8S 2L9 Attention: Jo-Ann Symington

Proposals must be received at the Red Deer County Centre at the predetermined time and date set forth or they will not be accepted for this particular Request for Proposal. Proposals will also be accepted by priority mail. Late proposals received late will not be accepted for consideration.

Faxed or emailed proposals will not be accepted nor considered.

Red Deer County is not responsible for the timeliness of documents delivered nor will Red Deer County accept any proposal delivered to a location other than Red Deer County Centre.

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3.3 Proposal Copies

The Proponent shall provide two (2) originals of the proposal.

3.4 Proposal Format

The Proponent’s submission must be prepared in the same format in which this RFP has been prepared, to allow Red Deer County to make direct comparisons between proponent’s bids. This requirement applies, in particular, to this section – proposal format and Section 8.0 – Scope of Work.

A. Letter of Transmittal A Letter of Transmittal or covering letter, dated and signed by an official authorized to negotiate, make commitments, and provide any clarifications with respect to the proposal on behalf of the vendor.

B. Executive Summary An Executive Summary, touching on pertinent points in the proposal you may want to highlight.

C. Corporate Profile A brief Corporate Profile which will cover the organization’s history, philosophy, and office location.

D. Response to Requirements The Proponent is required to detail their organization’s ability to satisfy, at minimum, all aspects of the requirements as outlined in the Section 8.0 “Scope of Work”. The Proponent is also required to review, in detail, Section 5.0 Purpose, Section 6.0 Project Objectives, and Section 14.0 General Terms and Conditions, to ensure that obligations and requirements required under this section are also met.

E. Project Team The Proponent must have demonstrated knowledge and expertise in: 1. Prior experience with community need assessments; 2. Knowledge of recreation, preventative social services, libraries, parks, trails, transit; 3. A proven expertise in research and data collection in a rural environment; and 4. Development and analysis of surveys, public consultation and facilitation techniques.

F. References The Proponent shall include two (2) municipal references with their proposal package. References shall include the name of the municipality, a contact person complete with title, phone number and e-mail address.

G. Certification The Proponents responding to this Request for Proposal are required to sign the certification under Section 15.0. Failure to complete, sign and submit the certification may disqualify the proposal as described under Section 15.0 – General Terms and Conditions, Item 14.

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4.0 CONTEXT Red Deer County, historically a rural, agriculture based region, is now a rapidly growing and diverse municipality of more than 18,000 residents, located in the heart of Central along the - corridor. Geographically the County’s jurisdiction covers an area of some 4,000 km2 and includes a wide variety of parkland and prairie landscapes and natural features. Due to its prime location and attractive landscapes, the County is experiencing growth in the industrial, commercial, residential, agricultural and recreational sectors. Development pressures continue to increase in , particular within the Gasoline Alley and the of Springbrook area. With the potential residential growth the pressure and need for community services will continue to escalate.

5.0 PURPOSE Red Deer County Community Services Department is seeking to develop a Community Needs Assessment for Red Deer County. This assessment is intended to facilitate efficient long term planning in the areas of recreation and preventative social services programs. The Community Needs Assessment will examine County services related to Recreation, Culture, Parks, Trails, Library Services, Family and Community Support Services (FCSS) and Transit. This assessment will present data gathered from Red Deer County residents, Community Leaders, Agencies, organizations and its partner municipalities. Households, community leaders, agencies, recreation groups, stakeholders and partner municipalities will be surveyed. Respondents will be provided with questions and scenarios and asked to answer on how they see future development and growth in their area in relation to community services.

Red Deer County wishes to engage the services of an experienced consultant (s) to facilitate a comprehensive Community Needs Assessment in the areas of Recreation, Culture, Parks, Trails, Library Services, Family and Community Support Services (FCSS), Affordable Housing, Volunteerism and Transit.

A number of non-statutory documents currently exist which will aid in the development of the background information to be used to create the Needs Assessment. These documents include, but are not limited to: Open Space Master Plan, Recreation Facility Master Plan, Public Transportation Feasibility Study, and the Affordable Housing Study. Copies of these studies and other community services plans can be found at https://reddeercounty.civicweb.net/filepro/documents/5396

6.0 PROJECT OBJECTIVES An objective of the project will be to assess demand and usage for community services programs in Red Deer County. This assessment will include a review of existing programs and services supported by the Community Services department. This assessment will enable the County to plan for community programs and services over the next ten years.

Through the assessment the County will better understand: 1. how and why resident’s use community services; 2. identify important community issues; and 3. contribute to a long term service plan for Red Deer County.

It is intended that the Assessment will determine needs of the residents of Red Deer County, which are being served by County Community Services Programs and other community programs and the level to which these needs are presently being met. It will also develop principles that will guide the dissemination of resources being made available to meet these needs.

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6.1 Current Situation a. Recreation Leisure and Culture The recreation needs of residents of Red Deer County are presently being served through County funded programming, and programming being provided through not for profit organizations within the Red Deer County region or through the municipalities within the borders of Red Deer County. Recreational facilities are operated through area municipalities and not for profit organizations in the rural area.

Cost sharing agreements are in place with Municipalities within the boundaries of Red Deer County for recreation. Additionally, recreational opportunities are provided through not for profit organizations in the rural area that include the capital and operational grants for facilities in the rural area.

Culture needs are being served through area municipalities and not for profit organizations within the Red Deer County region.

Consultation is required to determine County resident’s needs and priorities for recreation, leisure and cultural services and programming.

b. Library Services The library needs of Red Deer County residents are presently being served through the Parkland Regional Library system. Red Deer County has been a member of the Parkland Regional Library since 2001. There are seven PRL member rural libraries located within Red Deer County including; Bowden, , Elnora, Innisfail, , and the Community Outlet. Consultation is required to determine if local libraries services are meeting the needs of residents.

c. Transit Public Transit service is available daily to Gasoline Alley with limited service to the Hamlet of Springbrook. The service is provided through a partnership with the City of Red Deer. Action bus service is provided to Springbrook and subdivisions close to the City of Red Deer. Consultation with residents is required to determine if public transportation is a need and a priority in other areas of the County.

d. Parks, Open Spaces, Trails The County has adopted an Open Space Master Plan which provides the framework and key priorities for open space development and recreational opportunities. The County has participated in a number of regional trail development studies and further consultation with County residents is required in order to confirm the development of recreational trails as a priority for open space development.

e. FCSS The preventative and social needs of residents of Red Deer County are presently served through, County programming, and programming being provided through not for profit organizations within the Red Deer County region. Red Deer County has been a municipal partner in the Red Deer and District FCSS Board since 1974.Consulation is required to determine resident’s needs and priorities for preventative social services programming.

f. Affordable Housing Red Deer County Council in 2010 adopted an Affordable Housing Needs Report. Consultation to determine if affordable housing is a need and a priority for County residents.

g. Volunteerism The County funds local community groups and these organizations depend on volunteers to operate facilities and programs. Consultation is required to determine where residents volunteer, and if they are not volunteering what are the barriers that keep them from volunteering. Request for Proposal #03/16 Community Needs Assessment Page 7 of 17 The needs assessment will be an opportunity for Red Deer County to gain a clearer understanding of the existing and future needs of their residents, and an opportunity to examine the services they provide in a broader regional context.

6.2 Issues to Be Addressed

Red Deer County will engage a Consultant who will be required to complete the following components in developing a thorough review of the project: 1. Review and comment on the process and format of defining needs and priorities. 2. Review and comment on the process and format on defining measurements. 3. Review and comment on the process for facilitating focus groups. 4. Review and comment on the strategies for developing and executing mail-out or other survey instruments, including development of questions, and resources to be used. 5. Identify the present and future Community Services needs of the residents of Red Deer County. 6. Assess data that will measure the present participation of Red Deer County residents in Community Services Programs as well as Programs provided by its partner municipalities. 7. Provide predictions of future demands on Red Deer County Community Services programs, taking into account demographics, trends in participation, and societal changes over the coming 10 – 20 years. 8. Make recommendations regarding the administration of Red Deer County’s Community Services programs. 9. Make recommendations on presentation of results and develop publicly presentable and easily understood maps, plans and graphics to portray the information gathered and possible ways to meet them.

6.3 Desired Outcomes

The Consultant (s) will: 1. Develop and conduct a preliminary Community Needs Assessment of Red Deer County to include: a. Individual resident consultation. b. Human service agency and not for profit organization consultation. c. Review of documents provided by Red Deer County. d. A review of demographic and societal trends as they apply to the municipality. e. Prioritization of identified social needs. f. Prioritization of identified recreational needs including future capital needs. Analysis will include per division, trends, values, population, social trends and location. 2. Present preliminary findings at public input meetings, to include: a. Minimum of three focus group meeting(s) at strategic locations within the County. 3. Compile an inventory of preventative programs (including programs FCSS has funded, supported or partnered with) presently serving the preventative social needs of Red Deer County residents. 4. Compile an inventory of Recreation programs and services including facilities operated through not for profit organizations and municipalities within County boundaries. 5. Create a summary report on the information gained in the needs assessment activities and public meetings, including: a. In particular, those needs that are not currently being met. b. Projections regarding future or changing needs. 6. Make recommendations on the delivery of Red Deer County recreation and preventative social programs. 7. Recommend “principles of funding” for existing grants program. 8. Make Final Report on Findings to the Council.

Request for Proposal #03/16 Community Needs Assessment Page 8 of 17 7.0 LIAISON

The successful Proponent will liaise with the Community Services Manager.

8.0 SCOPE OF WORK

Proponent’s bids must explain, in detail:

a. Methodology and vision for the project, including a summary work plan identifying “milestone” dates in the project and a schedule for completion;

b. A detailed consultation program including specific strategies to solicit meaningful participation, including input from residents, community leaders, agencies, organizations and other adjacent municipalities within the County; and

c. A detailed outline of the estimated costs to complete the Community Needs Assessment, including per diems and anticipated expenses. Costs to include all staff time, travel costs, disbursements and GST.

9.0 FEES

The Proponent’s bids must recognize Red Deer County’s budget of $140,000.00 for this project.

10.0 DELIVERABLES

10.1 The proponent will be responsible for organizing, preparing materials and conducting meetings.

10.2 The proponent will also maintain responsibility for documenting, editing, analyzing and distributing information resulting from: - All public consultation initiatives - All project Team meetings - All Stakeholder meetings - Attendance at related Council team meetings and workshops to present the draft and recommended plan.

10.3 The proponent will provide 5 hard copies each of the interim/draft documents, to be used for circulation and 5 copies of the final document once approved by Council. All must be in a format suitable for color photocopy reproduction, preferably in an 8.5” by 11.0” format. At least one (1) of these copies will be unbound. The consultant will also provide all documentation digitally, for each stage of the project, including the final document, in a format compatible with County software to the satisfaction of Red Deer County’s information Technology Department.

11.0 PROJECT TIMELINES

11.1 The draft Terms of Reference for the project shall be submitted by no later than July 15, 2016 11.2 The consultant’s initial progress report on the draft Community Needs Assessment is to be submitted by no later than November, 2016. 11.3 The estimated date for completion of the entire project through council presentation and endorsement is March 2017.

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12.0 EVALUATION

Proposals will be evaluated in two stages.

The first stage will consist of a review of all proposals to ensure that each proposal was received on time, that the certification is properly completed and signed, and that the proposal is compliant with all other submission requirements. Proposals found to be non-compliant will be returned and given no further consideration.

The second stage will consist of an evaluation of the written proposal, which the evaluation team will rate based on the following criteria:

Proposal Format in Accordance with RFP 10 points Proposal Quality (i.e. layout, readability, adherence to bid format requirements, etc.) 20 points Proposed Work Plan 25 points Demonstrated Knowledge & Experience respecting rural economic development 25 points Reference Follow-up 20 points Total 100 points

13.0 APPROVAL PROCESS

After the second stage, Red Deer County Administration will make a recommendation to the County Manager to commence negotiations of a contract with the proposal considered most advantageous. In the event that the County Manager resolves to direct same, Administration will commence negotiations of a contract. In the event that Administration is unable to negotiate such a contract, Administration may elect to terminate such negotiations, and commence negotiations with the proposal deemed next most advantageous to the Red Deer County.

14.0 GENERAL TERMS AND CONDITIONS

14.1 Scope

These Terms & Conditions form a part of each RFP of Red Deer County, which is stated to be subject to the Red Deer County’s Terms & Conditions: Materials and Supplies. Accordingly such Terms & Conditions shall form a part of each contract created by the acceptance of a Proposal relating to such RFP.

14.2 Definition of Terms

Whenever used in the Request for Proposal, including any forms to be included as part of any proposal, the following words shall be deemed to have meanings as indicated below:

“Closing Time” means the “Closing Time” specified in the RFP.

“Contract” means the agreement(s) entered into by Red Deer County with the successful Proponent(s) for the goods, services or goods and services described in the RFP.

“Control” means that Red Deer County has the authority to manage the Record, including its creation, use, disclosure and disposal.

Request for Proposal #03/16 Community Needs Assessment Page 10 of 17 “Custody” means that a party has physical possession of the Record.

“FOIP Act” means the Alberta Freedom of Information and Protection of Privacy Act.

“Owner” means Red Deer County.

“Proponent” means a person, firm or company submitting a proposal to Red Deer County pursuant to the RFP.

“Proposal” means the offer of a Proponent to furnish materials, supplies or services in response to an RFP.

“Record” means information in any form, including proposals, reports, documents, drawings (computer generated or otherwise), specifications, photographs, letters, meeting minutes, vouchers and all other correspondence, papers and any other information that is written, photographed, recorded or stored in any manner, but does not include the software or any mechanism that processes such Records.

“RFP” means this Request for Proposal of Red Deer County, including all forms to be included as part of any proposal.

“Sites” means all lands, buildings and premises where goods are to be delivered or services performed.

“Red Deer County” means Red Deer County.

“Transitory Record” is one that: has only temporary usefulness, is not subject to legislated retention, is not required for operational purposes once its immediate purpose has been served. Examples of Transitory Records are: a) Temporary information that can be destroyed once acted upon, (i.e. phone messages, routing slips, diaries, opened envelopes, and informal notes of little consequence). b) Duplicate documents when nothing substantive has been added, changed or deleted; the copy was created for convenience of reference purpose; and the master Record is kept on file for the retention period, (i.e. copies of minutes, correspondence, publications, prints of a microfilmed Record, etc.). c) Draft documents and working materials are those Records used to prepare the master record that is on file, (i.e. rough notes, preliminary drafts, dictating tapes, etc.) d) Exceptions to a), b), and c) above are respectively:  When substantive information is recorded, (i.e. when a date stamped envelope is proof of receipt).  When substantive information is recorded on a copy; where copies of documents go to different units for different uses, (i.e. a multi-part form); or when the master Record is not on a file.  When draft documents have value in substantiating or providing background material for the master Record, such as audit working papers.

“Vendor” means a Proponent to whom a Contract is awarded by Red Deer County for any or all of the goods and services described in the RFP.

14.3 Proposal Conditions

The Proponent shall carefully read the Request for Proposal documentation and submit proposals subject to all conditions contained in the proposal documents. The Proponent shall make all investigations necessary for estimating as to the conditions under which the work must be carried out and its nature and location. The submission of a proposal by a Proponent shall be construed by The Owner to mean that the Proponent agrees Request for Proposal #03/16 Community Needs Assessment Page 11 of 17 to abide by and carry out all conditions set forth in the proposal documents.

14.4 Proposal Clarification

Should the Proponent find, during examination of the proposal documents, any discrepancies, omissions, ambiguities, or conflicts on or between the proposal documents or be in doubt as to their meaning, the Proponent shall bring the question to the attention of the person noted, via email, not less than three days before the proposal closing time. The questions will be reviewed, and where information sought is not clearly indicated, The Owner will issue addenda, which will become part of the proposal documents. Should the Proponent fail to bring the discrepancy, omission, ambiguity or conflict to the attention of The Owner within the aforesaid time, the Proponent shall accept the decision of The Owner as to the resolution of such discrepancy, omission, ambiguity or conflict and it will be deemed that the Proponent has included the most costly alternative in its proposal.

14.5 Error in Proposal

No proposal shall be altered, amended or withdrawn after the time specified for opening proposals. Negligence on the part of the Proponent in preparing the proposal documents confers no right for the withdrawal of proposal after it has been opened.

14.6 Right of Rejection or Acceptance of Proposal

The Owner reserves the right, in the Owner’s sole and unfettered discretion, to:

 accept any Proposal submitted prior to the RFP Closing Time, as specified in the RFP;  accept the withdrawal of such Proposal as permitted hereunder or by the RFP;  to reject any or all Proposals, at any time without further explanation;  disqualify or reject any proposals which contain qualifying conditions or otherwise fail to conform to these proposal documents;  to waive or rely upon non-compliance, irregularities and informalities with the proposal documents, specifications or any conditions;  if the Proponent fails to state the time within which a proposal must be accepted, it is understood and agreed that the Owner shall have sixty (60) days to accept.

The lowest or any Proposal will not necessarily be accepted.

14.7 Submission of Proposal

a) Proposals shall be submitted in the format identified in the RFP document. b) No proposal shall be altered or amended after the Closing Time. c) Prices included in the Proposal shall be from the Owner’s site specified in the RFP unless clearly stated otherwise. d) No Proposal award decision will be made until Red Deer County has had an opportunity to examine and evaluate all Proposals.

14.8 Proposal Modifications

Proponents wishing to amend their proposal prior to the RFP closing time may do so by: a) delivering, in writing, the modification to the address as noted in the “Instructions to Proponents”; Request for Proposal #03/16 Community Needs Assessment Page 12 of 17 b) clearly identifying the differences between the original submission and the modified version’ c) the modified version must follow the same format for delivery as the original, but clearly indicating that the second submission is a modification to the original; and d) ensuring that the modification is signed by the authorizing representative who had signed the original.

The modification will override only those areas applicable to the original submission. Only one modification submission is permitted per Proponent.

Modifications will follow the same evaluation, terms and conditions as set out in this RFP.

14.9 Proposal Withdrawal a) The Proposal may be withdrawn at any time up to one hour prior to the RFP Closing Time but only on the submission of a request in writing signed by the Proponent at the office at which the Proposal was originally submitted. The proposal withdrawal request may be submitted by email. b) No Proposal shall be withdrawn following the RFP Closing Time unless some other person has been awarded the Contract or unless a period of time as stated in the RFP document has expired from the RFP Closing Time. A Proposal, which has not been accepted at the expiration of such time, shall be deemed to be automatically withdrawn at that time. c) Negligence or errors on the part of the Proponent in preparing the Proposal documents confers no right for the withdrawal of Proposal after it has been opened.

14.10 Substitutions

Proponents are encouraged to quote substitutions or alternate item(s) unless specifically identified as no substitution (no sub), but the responsibility of obtaining "equal to or exceeding" quality lies solely with the Proponents. Each alternate submission should include brochures, performance and test dates, etc., that will confirm "equal to or exceeds" quality specifications requested. Red Deer County reserves the right to have the Proponent provide samples of alternate / substitution item(s) for evaluation without any cost incurred by Red Deer County. Red Deer County will be the sole judge as to the acceptability of the substituted item(s).

14.11 Discussion

The Owner reserves the right to conduct discussions with any Proponent that submitted a proposal to assure full understanding of the proposal submitted.

14.12 Proposal Award

A proposal award decision may be made after the Owner has had an opportunity to examine and evaluate all proposals in detail. The Owner reserves the right to reject any or all proposals and to accept any part of one or more proposals. The decision of the Owner is final. This proposal does not commit Red Deer County to award a contract or to pay any cost incurred in the preparation of a proposal.

14.13 Proposal Requirements

Requirements are as listed and detailed in the “Scope of Work” of this document.

14.14 Certification

Red Deer County will not evaluate any Proposal that has not completed Section 9.0. Proponents must date and sign their submission in Section 15.0. Failure to complete and sign will disqualify a proposal. Note: A Request for Proposal #03/16 Community Needs Assessment Page 13 of 17 signed covering letter will not replace the requirement for signing the certification document.

14.15 Alberta Freedom of Information and Protection of Privacy Act

Intent: This section provides general information regarding the responder’s obligations in relation to the Alberta Freedom of Information and Protection of Privacy Act for the handling of information and Records related to both the responses to this Request for Proposal and any subsequent contract. Responders may wish to seek their own legal advice on specific aspects of these obligations.

14.16 Amendments

Red Deer County reserves the right to amend or revise the proposal documents by addenda up to 72 hours prior to the proposal closing time. Verbal instructions given in person are null and void and shall not be accepted by the Proponent. Receipt of all addenda by Proponents shall be acknowledged. It is the Proponents responsibility to ascertain and verify, prior to the closing time that it has received any and all addenda issued in relation to this proposal package.

14.17 Contract

The signing of a formal written agreement shall constitute the making of a contract between Red Deer County and a successful Proponent. No Proponent shall acquire any legal or equitable rights in relation to Red Deer County until the signing of a written agreement by Red Deer County. The Contract shall include all portions of the RFP not expressly overridden in negotiations.

14.18 New Technology

In the event that new technology is introduced during the term of any Contract relating to the materials, supplies and services provided under the Contract, and; if in the opinion of Red Deer County that new technology is deemed a requirement of Red Deer County, the Vendor will be notified of such Findings. Discussions, regarding suitability of the new technology in relation to the existing stated requirements, will be held with the awarded supplier.

14.19 Time

All time, except time of payment, is of the essence.

14.20 Assignment

This contract shall be binding upon the parties’ respective successors and permitted assigns. Neither party may assign this contract or any of its rights or obligations hereunder without the prior written consent of the other party, and such attempted assignment shall be void, except that either party may assign this contract, or any of its rights or obligations hereunder, upon written notice to the other party, to any of its subsidiaries and/or affiliated companies, without the consent of the other party. Furthermore, no work to be performed by the contractor hereunder shall be subcontracted to or performed on behalf of the contractor by any third party, except upon prior written permission by Red Deer County.

14.21 Compliance with Laws

The Proponent shall be responsible for complying with all Federal, Provincial (Alberta), and Municipal laws, rules, regulations and guidelines that apply.

Request for Proposal #03/16 Community Needs Assessment Page 14 of 17 14.22 Financial

Red Deer County reserves the right to investigate the Proponents’ financial position.

14.23 References

The Proponent shall include evidence, satisfactory to the Owner, of ability to perform.

14.24 Method and Order

Proponents shall provide and include with their proposal submission an address, telephone number, email and/or facsimile number to which any resulting contract may be directed.

14.25 Force Majeure

a. Neither party shall be responsible for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to fire, flood, explosion, war, embargo, government action, Act of Public Authority, Act of God, or to any other cause beyond its control, except labour disruption. b. In the Event of a Force Majeure, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause. c. Should the Force Majeure event last for longer than 60 days; the Owner may terminate the Agreement by notice to the contractor without further liability, expense or cost of any kind.

14.26 Goods and Services Tax

Red Deer County is subject to Goods and Services Tax. All Goods and Services Tax shall be identified as a separate line item.

14.27 Indemnification

The Proponent shall indemnify and hold Red Deer County harmless with respect to all withholding and all other taxes or amounts of any kind relating to employment of any of the persons providing services to Red Deer County with to the agreement or in respect of the competitive process, and with respect to this Agreement.

The Proponent shall indemnify and hold harmless Red Deer County, its employees and agents, from any and all claims, demands, actions, and costs whatsoever that may arise, directly, or indirectly, out of any acts or omissions of the Proponent in this Agreement.

The Proponent, by submitting a proposal, waives any claim for loss of profits if no agreement, regardless of form, is made with the Proponent.

Such indemnification shall survive this agreement.

14.28 Commitments

Nothing in this RFP shall be construed as authority for the selected Proponent to make commitments, which shall bind Red Deer County to otherwise act on behalf of Red Deer County, except as Red Deer County may Request for Proposal #03/16 Community Needs Assessment Page 15 of 17 expressly authorize in writing.

14.29 Personal Injury / Property Damage

Red Deer County shall not be liable or responsible for any bodily or personal injury or property damage of any nature whatsoever that may be suffered or sustained by the Proponent, its employees or agents, in the performance of any agreement.

14.30 Insurance

The Proponent, with whom Red Deer County wishes to enter into an agreement, shall, at the Proponent’s own expense, provide Red Deer County, with the following applicable Certificate of Insurance, with an insurer licensed in Alberta, prior to the commencement of any contract resulting from this Request for Proposal: a) Comprehensive general liabilities for an amount of not less than $2,000,000.00 inclusive per occurrence, and annual aggregate, if any, of not less than $2,000,000.00 insuring against bodily injury or damage to property of others (including loss of use thereof). b) All Risks Liability to include Valuable Paper and Records Insurance on all such items pertaining to the Services in an amount adequate to enable their reconstruction. c) Standard automobile insurance for all vehicles owned, licensed, or leased by the successful Proponent for an amount of not less than $2,000,000.00 inclusive per occurrence. d) Errors and Omissions insurance for an amount of not less than $1,000,000 inclusive per occurrence.

14.31 Worker’s Compensation Board Statement

The Proponent shall at all times comply with all the requirements of the Worker’s Compensation Act of Alberta, amendments thereto, or any successor legislation; and shall upon notice by Red Deer County, provide evidence satisfactory to Red Deer County of said compliance with the Act within five (5) business days of request by the Owner.

14.32 Governing Law

Any agreement resulting from the Request for Proposal is governed and interpreted in accordance with the laws of the Province of Alberta.

14.33 Jurisdiction

The parties agree that the laws of the Alberta shall govern the contract and the Courts of Alberta shall have sole and exclusive jurisdiction over any dispute or lawsuit between the parties.

14.34 Limitations on Damages

Regardless of whether or not a Proponent is successful in the award of this proposal, by submitting a proposal, agrees that it will not claim damages in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its proposal for matters relating to the agreement or in respect of the competitive process, and the Proponent, by submitting a proposal, waives any claim for loss of profits if no agreement, Regardless of form, is made with the Proponent.

14.35 Confidentiality Request for Proposal #03/16 Community Needs Assessment Page 16 of 17

All documents submitted to Red Deer County are subject to the protection and disclosure provisions of the Freedom of Information and Protection of Privacy Act. While this Act allows persons a right to access to records in Red Deer County’s custody or control, it also prohibits Red Deer County from disclosing your personal or business information where disclosure would be harmful to your business interests or would be an unreasonable invasion of your personal privacy as defined in sections 16 and 17 of the Act. Proponents are encouraged to identify what portions of their submissions are confidential and what harm could reasonably be expected from its disclosure.

The purpose of collecting personal information required to be provided in this RFP is to enable Red Deer County to ensure the accuracy and reliability of the proposal, and to evaluate the submission in response to the RFP. This information is required by Red Deer County to carry out its operations.

It is recommended that Proponents advise persons whose personal information is being provided to Red Deer County under this Request for Proposal that the privacy of the personal information as well as its possible disclosure by Red Deer County to third parties, upon request, will be governed by the FOIP Act.

Questions about the collection of personal information pursuant to this Request for Proposal shall be submitted to the FOIP Coordinator, (please refer to the RFP, Instruction to Proponents, Item 3.1 Inquiries).

14.36 Disclosure of Proposal Contents

At no time will Red Deer County disclose the details of any proposal submitted unless requested under the Freedom of Information and Protections of Privacy Act as outlined in Section 14.35 above.

Request for Proposal #03/16 Community Needs Assessment Page 17 of 17

15.0 CERTIFICATION

(Failure to complete, sign and submit this certification, with the proposal package, may disqualify this proposal)

We (Legal Company Name)

Of (Business address)

______(Telephone number)

having examined and read the quotation documents for RFP for provision an Community Needs Assessment

as issued by Red Deer County, do hereby bid and agree to provide the services/products in accordance with

the proposal/RFP documents, and do hereby agree to accept the terms and conditions set out in this Request

for Proposal.

Executed this day of ______, 20____

______Signature of authorized representative

______(Print or Type) name and status of authorized representative

The personal information provided by you is being collected under the authority of the Municipal Government Act and will be used for the purposes under that Act. The personal information that you provide may be made public, subject to the provisions of the Freedom of Information and Protection of Privacy Act.