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Michael Pacholok Chief Purchasing Officer

Purchasing and Materials Management Division City Hall,18th Floor, West Tower 100 Queen Street West Toronto, Ontario M5H 2N2

Elena Caruso, Manager Purchasing and Materials Management Division

NOTICE TO POTENTIAL PROPONENTS

REQUEST FOR PROPOSAL NO. 9119-19-7055

For: Property Management Services for a Multi-Use Facility for Canoe Landing Community Recreation Centre / Bishop Macdonell Catholic Elementary School/ Jean Lumb Public

School, and Canoe Landing Child Care Centre

TWO-ENVELOPE SYSTEM

Please review the attached document and submit your Proposal to the address noted below by the closing deadline at 12:00 Noon (local Toronto time) on Wednesday February 27, 2019 Proposals will not be considered unless: Received by the date and time specified above; and received at the address specified below. 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.

Submission by facsimile or e-mail is not acceptable. Only the names of the firms submitting Proposals will be read aloud at the public opening on the date of closing.

IMPORTANT NOTICE – Transition to City's new Source-to-pay tool – SAP Ariba As of September, 2018, the City of Toronto will launch an online Source-to-Pay tool utilizing SAP Ariba and begin to migrate the City's Solicitations (RFQs, RFPs etc.) from being posted on the City's Online Call Document System to being posted through SAP Ariba. It is important for all Suppliers to register on the SAP Ariba network in order to continue to be able to access City of Toronto Solicitations. For more information on this transition please visit:

Upcoming Changes to Bidding on City Contracts

Any questions about this transition should be directed to City Bids at: citybids@toronto.ca Information meeting requirements:

Recommended: (yes/no) Yes Attendance Requirement:

(mandatory/voluntary) Voluntary

Date: Wednesday February 13th, 2019, Time: 1:30P.M. (Toronto Local Time)

Location: MEETING ROOM A - City Hall, 100 Queen Street W. Toronto, ON M5H 252

Deadline for Questions (must be in writing):

February 20, 2019 12:00 Noon

Deadline for Issuance of any Addenda

February 22, 2019 12:00 Noon

City Contact: Ansel Salim, Corporate Buyer

Purchasing and Materials Management Division (T) 416-392-7177

(E) Ansel.Salim@Toronto.ca

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For convenience you may affix the following address label to the envelope(s) containing your submission. --------------------------------------------------------------------------------

COMPANY NAME:

RFP NO.: 9119-19-7055

CLOSING DEADLINE: (local Toronto time)

February 27, 2019 12:00 Noon

DELIVER TO: Chief Purchasing Official Purchasing and Materials Management Division 18th Floor, West Tower, City Hall 100 Queen Street West Toronto, ON, M5H 2N2

The Purchasing and Materials Management Division will not be held responsible for submission documents submitted in envelope(s) that are not labelled in accordance with the above instructions. Tenders/RFQ/RFP/Sales/Disposals are advertised on the City of Toronto Website: www.toronto.ca

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TABLE OF CONTENTS RFP 9119-19-7055

Notice to Potential Proponents ..................................................................................................... 1 Table of Contents .......................................................................................................................... 3 1.0 TERMINOLOGY .................................................................................................................... 5

1.1 References to Labeled Provisions ......................................................................... 5 1.2 Definitions .............................................................................................................. 5 1.3 Interpretation ....................................................................................................... 10 1.4 RFP Process Terms and Conditions ................................................................... 10

2.0 PURPOSE ........................................................................................................................... 10

2.1 Voluntary Information Meeting............................................................................. 11 2.2 Background ......................................................................................................... 11 2.3 Social Procurement ............................................................................................. 11 2.4 Term of Contract ................................................................................................. 12 2.5 Deadline for Questions ........................................................................................ 12

3.0 SCOPE OF WORK - PROPERTY MANAGEMENT SERVICES ......................................... 12

3.1 Property Manager ................................................................................................ 14 3.2 Administration ...................................................................................................... 16 3.3 Budgeting and Cost Control ................................................................................ 18 3.4 Accounting ........................................................................................................... 19 3.5 Child Care ........................................................................................................... 20 3.6 Community Space .............................................................................................. 20 3.7 Security ............................................................................................................... 20 3.8 Life Safety Systems ............................................................................................. 21 3.9 Parking ................................................................................................................ 21 3.10 Responsibility for south field ................................................................................ 21 3.11 Emergency Reception Use .................................................................................. 21

4.0 PROPOSAL EVALUATION AND SELECTION PROCESS ................................................ 22 4.1 Selection Committee ........................................................................................... 22 4.2 Selection Criteria ................................................................................................. 22

4.3 Selection Process ................................................................................................ 22 4.4 Schedule of Events ............................................................................................. 23 4.5 Clarifications ........................................................................................................ 23 4.6 Interviews ............................................................................................................ 23 4.7 Evaluation Results ............................................................................................... 24 4.8 Negotiations and Agreement ............................................................................... 24

5.0 PROPOSAL SUBMISSION REQUIREMENTS ................................................................... 25

5.1 General Overview ................................................................................................ 25 5.2 Proposal Documentation and Delivery ................................................................ 25 5.3 Proposal Content - Envelope No. 1 ..................................................................... 25 5.4 Cost of Services - Envelope No. 2 ...................................................................... 30

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APPENDICES Appendix A RFP Process Terms and Conditions ..................................................................... 31 Appendix B Mandatory Agreement Terms ............................................................................... 38 Appendix C Standard Submission Forms ................................................................................. 65 Appendix D Reference Form ................................................................................................... 74 Appendix E Evaluation Table .................................................................................................. 75 Appendix F Cost of Services .................................................................................................. 78 Schedule F.1 Property Management Fee - FULL FACILITY ............................... 79 Schedule F.2 Property Management Fee - Child Care Centre Only ..................... 80 Schedule F.3 Property Management Fee - Community Space Only .................... 81 Schedule F.4 Property Management Fee - Emergency Services/Special Events.82 Appendix G Mandatory Submission Check list ......................................................................... 83 Appendix H Project Background & Statistics ..................... Included as separate documentation Appendix I Phasing Plans ................................................ Included as separate documentation Appendix J General Maintenance ......................................................................................... 86 Appendix K Digital Issued Construction Specifications ............................................................ 87 Appendix L Digital Issued Construction Drawings……………………………………………. ..... 88 Appendix M Sample Log Books, Checklists, etc.……………………………………………. ....... 89

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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 “subclause” 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, “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.

"Agreement" and “Contract” have the same meaning and are used interchangeably and means any written contract, including the Agreement, as the context may require, between the City and the Contractor, and shall be deemed to include the terms and conditions for the provision of the Work as set out in this RFP (including all schedules and forms to the RFP), any Addenda issued by the City and the Vendor's Proposal; "Applicable Law" means all federal, provincial and municipal laws, regulations, rules, codes, policies (including, without Limitation, the City's Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry and other policies or by-laws applicable to the City's service providers; 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) and those of any other lawful authority, and all court orders, judgments and declarations of a court of competent jurisdiction, applicable to the Facility and the Services to be provided by, and the undertakings and obligations of, the Property Manager under this Agreement. “Boards” means TDSB and the TCDSB “Business Day” means any day other than a Saturday, Sunday or a statutory or civic holiday in the Province of Ontario. “Capital Work” means the renewal work involving major renovations or improvements that extend the useful life or add value to the Facility. "Child Care Centre" means the child care centre to be located in the Facility and operated by a third-party operator as a tenant of the City.

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“Child Care Operator” means the third party person or business owing or leasing to provide Child Care Services in the Facility. “City” means the City of Toronto. "City Contact" means the City employee(s) designated as City Contact for all matters related to the RFP call process. "City Representative" means the individual division Supervisor or Manager responsible for directing the Work to the Project Manager at the Facility; “City Use” means specific areas for City events and programming. "Closing Date" means the specified deadline for Proposals to be submitted to the City as indicated in the RFP and any subsequent Addenda; “Community Space” means the specific area within the Facility to be operated as community space, either through a lease to a third-party operator, or directly by the City. "Confidential Information” means all information of the City or the Boards that is of a confidential nature, including all confidential information in the custody or control of the City or the Boards, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of the Property Manager in connection with this Agreement. For greater certainty, Confidential Information shall:

(a) include:

(i) all new information derived at any time from any such information whether created by the City, the Boards, the Property Manager or any third-party;

(ii) all information (including Personal Information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation or otherwise at law; but shall

(b) not include information that:

(i) is or becomes generally available to the public without fault or breach on the part of the Property Manager of any duty of confidentiality owed by the Property Manager to the City, the Boards or to any third-party;

(ii) the Property Manager can demonstrate to have been rightfully obtained by the Property Manager, without any obligation of confidence, from a third-party who had the right to transfer or disclose it to the Property Manager free of any obligation of confidence;

(iii) the Property Manager can demonstrate to have been rightfully known to or in the possession of the Property Manager at the time of disclosure, free of any obligation of confidence when disclosed; or

(iv) is independently developed by the Property Manager; but the exclusions in this subparagraph shall in no way limit the meaning of Personal Information or the obligations attaching thereto under this Agreement or at law;

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

“Consumables” means goods used that must be replaced regularly because they wear out or are used up. (e.g. hand towels, toilet tissue, garbage bags, sanitary napkin bags, hand soap, floor soap, machine soap, laundry soap, etc.) “Corporate Security” means City of Toronto's Corporate Security Division. “Council” means City Council. “Custodial” means cleaning work. "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.

"Emergency" means a critical, or urgent event that requires work to be performed that may include hazards such as extreme weather, cyber-attacks, infrastructure disruptions, and utility and power failures. "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. “Facility” means the City-owned property located at 20 Brunel Court, and shared among the City, TDSB and TCDSB in accordance with the Leases and the Shared Facilities Agreement, as may be amended from time to time. “Fiscal Year” means the period of 12 months ending on December 31 in each year or such other 12-month period as may be designated from time to time by the City. “General Maintenance” means work to maintain the existing Facility, keeping it in a state of good repair to operate at an optimal performance level.

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"General Manager" means the General Manager of the City's Parks, Forestry and Recreation Division or his or her designate or successor. “Governance Committee” means the committee established by the City, TDSB and TCDSB under the Shared Facilities Agreement, responsible for the executive direction of the Facility. "Leases" means the leases from the City to the TDSB and the TCDSB of those portions of the Facility that are for the exclusive use of the Boards for school purposes, and "Lease" means either one of them. “Management Committee” means the committee established by the City, TDSB and TCDSB under the Shared Facilities Agreement, responsible for making decisions regarding the day-to-day operations of the Facility. “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act. "must" 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. “Necessary Expenditure” means any expenditure, including capital expenditure, which is reasonably necessary to enable the Parties to comply with any municipal work order or similar directive or which is reasonably necessary to prevent or rectify a condition in the Facility, structural or otherwise, which poses a reasonably foreseeable threat to the physical integrity of the Facility or to the health or safety of its occupants. “Parties” means the City, TDSB and TCDSB and any reference to the term “Party” means either one of them or all as determined by the context. “Personnel” means the Manager's personnel and includes: the Manager's officers, directors,

partners employees, agents and subcontractors; any person employed or engaged by or under the control of the Manager or its subcontractors to perform or supply any part of the Services including goods related thereto, and any other person for whom the Manager is responsible at law. "Personal Information" means recorded information about an identifiable individual or that may identify an individual. “Personal Protective Equipment (PPE)” means specialized clothing or equipment worn by employees for protection against health and safety hazards. Designed to protect many parts of the body, such as eyes, head, face, hands, feet and ears. “Property Manager” means the Vendor entering into an Agreement with the City who will oversee and deliver property management services. “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 sub-contractor(s) 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.

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“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. “Record”, for the purposes of this Agreement, means any recorded information, including any Personal Information, in any form: (a) provided by the City to the Property Manager, or provided by the Property Manager to the City, for the purposes of this Agreement; or (b) created by the Property Manager in the performance of the Services. ‘Shared Facilities Agreement” means the agreement among the City, TDSB and TCDSB in relation to the shared use and shared expenses associated with the Facility. "Schools" means the TDSB and TCDSB. “Selection Committee” means the committee that will evaluate and recommend the preferred Proponent. “Services” means those property management services, and any goods related thereto, and any obligations detailed in this Agreement (as more particularly described in the RFP), to be provided and undertaken by the Property Manager for the City, unless the context requires otherwise, authorized by the General Manager in accordance with this Agreement. "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

"Supplier Code of Conduct" means business ethical standards contained in Article 13 Chapter 195, Purchasing, of the Toronto Municipal Code. "Statutory Holidays" means (also known as "general" or "public" holiday) in Canada is legislated either through the federal, provincial, or territorial governments. Most workers, public or private, are entitled to take the day off with regular pay. In most provinces, when a statutory holiday falls on a normal day off (generally a weekend), the following work day is considered a statutory holiday. “TCDSB” means Toronto Catholic District School Board and is a tenant of the Facility. “TDSB” means Toronto District School Board and is a tenant of the Facility. “Tenants” means TCDSB, TDSB, the third party Child Care Operator, and the tenant of the Community Space if applicable. "Term" means the period specified for the Agreement. “Vendor” means the successful Proponent with whom the City enters into an Agreement.

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1.3 Interpretation In this RFP and in the Agreement, (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 City of Toronto is soliciting proposals for the property management services of one (1) highly qualified Property Management firm. This firm will assign a dedicated Property Manager that would provide full time on-site services to administer and manage all the services required to efficiently and cost effectively operate a multi-use Facility. The Facility is currently under construction and is named Canoe Landing Recreation Centre and Schools. It is located at 20 Brunel Court in Toronto, Ontario, Canada. The Facility which includes the schools, child care, recreation areas with gyms and Community Space will require services 365 days a year unless otherwise determined by the Management Committee. Total building gross floor area is approximately 16,000 square metres. The Property Manager shall be responsible for managing the daily operations and maintenance of the Facility to include entering into third party Contracts and overseeing the necessary work. The Property Manager will report to the Management Committee and to the Governance Committee.

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2.1 Voluntary Information Meeting Interested Proponents may attend a voluntary information meeting, to familiarize themselves with the Project and ascertain the full extent of the work required. Proponents who are interested in attending, shall register their attendance by sending an email notification to the City Contact on Page 1 of this RFP document. Individuals attending the meeting must sign in and clearly indicate on the sign in sheet the name of the firm they are representing. It is the sole responsibility of the Proponents to review the documents provided within the RFP and satisfy themselves to the details of the Facility. All Square footage information within this RFP is to be understood as estimated building square footage. The City is respectfully 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 voluntary information meeting are not official or binding. Following the meeting, and upon receipt of any additional questions from Proponents, a list of questions received and responses will be formally published through an Addendum. 2.1.1 Voluntary Information Meeting Voluntary Information meeting is to be held on February 13, 2019 at 1:30 P.M. Proponents will meet the City representative(s) at the specified location as per details outlined on Page 1, Information Meeting Requirements. A sign-in sheet will be provided. 2.2 Background The City is the registered owner of the site and buildings. The City, the TDSB and the TCDSB are the primary users of the site and buildings. The building is split into a north and south wing connected by a pedestrian bridge. The north wing is predominantly for City of Toronto recreational services and Community Space. The south wing houses the Child Care Centre and elementary schools for the TDSB and the TCDSB. Additionally, the Facility includes the outdoor play area for the use of the community, Child Care and the schools. Refer to plans in Appendix H - Project Background & Statistics. 2.3 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 Bidders 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. 2.3.1 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.

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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. 2.4 Term of Contract The Term of the Agreement will be for a period of five (5) years firm, all in accordance with the terms, conditions and specifications contained in this RFP and any applicable City Policy. In addition, the city will also review the Vendors Contract performance during the Term with regards to meeting timelines and deliverables. 2.5 Deadline for Questions All questions concerning this RFP should be directed in writing to the Buyer indicated in the City Contact section on the RFP cover page. The last day for questions with respect to this RFP is February 20, 2019 12:00 Noon, unless otherwise changed by Addenda. 3.0 SCOPE OF WORK - PROPERTY MANAGEMENT SERVICES The Vendor will appoint a dedicated, experienced, qualified, professional on-site Property Manager, preferably with a current Certified Facilities Manager Certification (CFM) or approved equivalent outlined in Item 5 of Section 5.3.1 Proposal Content, who has overseen a similar Multi-use Facility, to carry out the Management Services effectively and efficiently, clean and operate the Facility according to best standards of practice for all services. The Property Manager shall direct and monitor the performance of these third party services and any of its Personnel to provide the best possible environment and Services that will allow the Parties to deliver their programs safely and effectively at the Facility. The successful Vendor will be responsible for the performance of the appointed Property Manager. The Facility shall be either partly or wholly open for its intended use in September 2019. The successful Vendor must have the property management Personnel identified in this RFP to be in place by July 1, 2019. Any contracts that the Vendor is required to enter into in order to perform its Services must be in place by August 1, 2019. Property management Personnel shall attend any training provided on the building systems during the commissioning period. Refer to schedule below and Appendix ‘I’ for Phasing plans: July 1, 2019 Property Manager services commence

August 1, 2019 Contracts in place and Custodial Services start for south building schools, modified for Child Care

September 1, 2019 Custodial Services and service contracts start for school use areas in north building including gym and change- rooms

October 1, 2019 Custodial Services and service contracts start for rest of north building and in full for Child Care

The Facility will operate 365 days a year including holidays unless otherwise determined by the General Manager and Custodial personnel must be available as required to staff the facility appropriately. There will be variations in staffing needs throughout the year depending on the operating hours for the Parties. The TDSB and TCDSB will operate fully from September 1 –

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June 30 and may have modified uses i.e. summers schools and caps during the summer months. The City spaces and Child Care Centre will operate year-round. The Property Manager shall have a responsible on-site representative during the following operating hours: Monday to Friday 6:30 A.M. to 11:00 P.M

Saturday 8:30 A.M. to 10:30 P.M

Sunday 8:30 A.M. to 6:30 P.M

Christmas Closed

Canada Day, Civic Holiday & Boxing Day and other statutory holidays are to be determined by parties annually and are subject to change

The Vendor shall provide the Property Manager and its administrative Personnel, for their own use, an acceptable computer(s) and computer operating system compatible with the computer operating systems of the City in the Facility, all at no additional cost to the City. Services being conducted for the Facility must be maintained electronically using a Computer Maintenance Management System (CMMS) to track and report on all maintenance, repairs, scheduling of life safety or building equipment inspections (monthly, weekly, and yearly) general repair etc. The program should be based on the ZAS construction documents and specifications in both Appendix K and L. Further, all Personnel records, scheduling, payroll transactions, third party invoice payments, training records/certificates, vendor management accounting, budgets, reporting etc. must also be managed electronically. The Vendor shall supply all its Personnel appropriate work clothing / uniform and Personal Protective Equipment (PPE) suitable for the nature of the undertaking of this Contract at no additional cost to the City. The work clothing / uniform shall include long or short sleeved shirts with collars, long pants and CSA-approved safety shoes with steel toes, shock resistant and skid resistant soles, which must be in good condition at all times. Shorts, sleeveless shirts and blue jeans are NOT acceptable. Uniforms are to be worn and visible with company logo by all Personnel in a neat and tidy manner when performing Work at any City facility. In addition, the Vendor shall provide its Personnel with a paging system, and/or cell phone with email and voicemail that is capable of receiving and recording messages from the City Representative twenty-four (24) hours a day, seven (7) days a week, including holidays, at no additional cost to the City. The Vendors must have a designated representative to be available twenty-four (24) hours a day, seven (7) days a week and must be able to acknowledge the emergency call(s) within one (1) hour of being notified by phone or email. Once an emergency call is placed by the City of Toronto to the Vendor, a representative of the Vendor must be on site within three (3) hours of the service call being placed.

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3.1 Property Manager The Property Manager shall:

A. be responsible to ensure that after the building has been cleaned, all doors and windows are locked, and all lights are turned off on a daily/nightly basis. Failure to comply may result in cancellation of the Contract.

B. maintain in the office provided by the City, all service manuals, as-built drawings and any

other documents pertaining to the Facility and shall be returned to the City upon the expiry or termination of the Agreement. All service manuals and drawings shall be up to date, and provide the City with a duplicate set of all updates and revisions to such materials as soon as practicable after they are made.

C. be required to follow the City’s Waste Diversion/Recycle Policy. All waste (including

organic waste where applicable) and recyclable material are to be collected in clear plastic bags. The Vendor shall not commingle waste collected from kitchens, washrooms, cafeterias and other areas. The Vendor will be supplied with a complete Waste Management Policy Requirements Booklet.

D. be responsible for the collection of City's “Confidential” Bins/Totes and any shredded

material. Confidential Bins/Totes and any shredded material shall only be placed in a designated area for pick-up within the building.

E. process and log requests for keys/codes all in accordance with the City’s Key Policy

and must be maintained in a secure manner as designated by the City and must be accounted for on a daily basis.

F. with some key staff be required to attend a one day, incident response training program

annually to be aware of the actions that will be required in the event of the site being activated as an emergency reception centre.

G. ensure that its Personnel at the Facility are trained and maintain certifications on First

Aid/CPR, WHMIS, Occupational Health & Safety Training, and the safe and proper operation of any and all equipment and other training deemed applicable and will have training requirements, certifications reviewed on a regular basis.

H. coordinate property management activities to minimize impact on the use of the facility

by the Parties and all others authorized to use any part of the facility. Refer to Appendix ‘H’ that indicates the different uses by the Parties. The City Representative will provide the Vendor a schedule of bookable/permittable spaces. Where space uses change report these variances to the Management Committee.

I. be familiar with and train property management Personnel on the Facility's components

and systems. For technical information refer to ZAS Architect “Issued for Construction” design documents provided in Appendix ‘K’ and ‘L’. Other documents providing details, such as information on loose furniture, fixtures and equipment shall be provided to the Vendor after the execution of the agreement.

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Personnel: The Property Manager shall;

J. recruit, hire, train, supervise, replace, schedule, evaluate and employ the appropriate number of its management and non-management within the City's approved annual budget. All Personnel hired must be professional, qualified, careful, skilled, trained and experienced in order to perform the services in a competent manner to deliver the Services and are subject to compliance with the all Applicable Laws such as, Employment Standards Act, City's Fair Wage Policy etc. All Personnel delivering the Services are not to be considered employees of the City.

K. screen all Personnel and ensure they meet the required certifications and other

reasonable requirements imposed by the Management Committee from time to time at no cost to the City, and provide of evidence upon request. Such evidence may include but not limited to, Clearing a Vulnerable Sector Police Reference Check, WHMIS Certificates, education credentials, work history etc…

L. maintain and store electronically all its Personnel records, performance documents,

payroll transactions, etc.

M. provide the City Representative electronic staff schedule for each upcoming week of work identifying all Personnel who will be working within the Facility and the Personnel's shift hours they will be there (start and finish times)

N. advise verbally and in written notifications that its Personnel are prohibited from using

any City offices, business equipment or supplies as well as being prohibited from reading, disturbing or removing from the premises any information found on/in notice boards, computer systems, garbage cans, confidential bins or television screens, etc.

Third Party Contractors: The Property Manager Shall:

O. secure competitively priced third party performance contracts to retain professional and qualified contractors to provide various services detailed in Appendix J - General Maintenance such as but not limited to maintenance services, custodial services etc. All contractors are subject to compliance with the City's Fair Wage Policy, Labour Trades Agreements and other Applicable Laws.

P. supervise all work being provided by all contractors and ensure they are legally bound to

comply with all the terms and conditions of the contract(s) applicable to the service. The Property Manager will be solely responsible for the performance of the contractor and ensure that the contractors shall not further subcontract the services.

Q. be responsible for rectifying any service deficiencies which the City Representative

brings to the Project Manager's attention. This will include review and responding to

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compliance audit reports carried out by the City Representative throughout the Agreement. Failure to rectify any deficiencies with the Service within a reasonable time will result in the City withholding payment until the deficiency has been corrected to the City Representative's satisfaction.

R. ensures that all third party contractors wear appropriate work clothing / uniform and

Personal Protective Equipment (PPE) suitable for the nature of the work or services being provided.

S. issue immediately following the award of this agreement, a solicitation to secure third

party Custodial services including supplies and equipment including but not limited to paper products and floor care machines etc and all that is required to provide this service. This service must be secured and services deployed by August 1, 2019 or sooner. The City will provide the Property Manager with mandatory City Council directed service specifications for the solicited documents.

T. shall contract out the maintenance of the green roof, active green roof lawn and

landscape areas.

U. provide daily outdoor cleaning, inspection and maintenance including daily pickup of litter on the site and on the South Field in Canoe Landing Park to be completed before 6:30 A.M. when the schools and Child Care are operating.

V. schedule all equipment, life safety systems inspections daily, weekly, monthly or yearly

as required by legislative requirements and submit records to the City Representative upon request.

3.2 Administration On site Logbooks and Shift Register

The City shall provide an On-site Log book ("Logbook") and Shift Register ("Register"). All Personnel, including contractors must sign in to the Logbook when arriving at the Facility. The Logbook must not be removed from the Facility for any Reason. The Property Manager shall ensure that its Personnel sign in to the Facility using their legal name only as has been identified on each Personnel's Facility photo Access Card. Facility Access Cards Property Manager will issue access cards and security codes to its Personnel, and will ensure that all Personnel have a photo Facility access card at all times to enter and exit the Facility. All records pertaining to the issuance of all access cards must be retained on electronic record and ensure the Access cards are returned when the Personnel are discharged. This applies to temporary access cards issued to contractors while performing services at the Facility. Procurement Procedures: The Property Manager will be responsible to secure competitively priced third party contractors to provide all Services identified in Appendix J. The City requests that all solicitations are

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conducted in a fair and transparent process. For Services that are less than $50,000.00 exclusive of all taxes, the Property Manager must obtain three (3) written quotations. For all other purchases of Services required to deliver Management Services that exceed $50,000.00 exclusive all taxes, all will be legally binding to protect the City in the event of non-performance or breach of contract by the third party contractor and the solicitation must be advertised utilizing an electronic method, such as but not limited to, MERX, BIDDGO, etc. too ensure an open competition and best value. All solicitations should contain performance KPI's, with clearly defined requirements/specifications, detailed evaluation process, clear award details, for all purchases. The City Representative will provide the scope of work for most solicitations to the Project Manager. Prior to the release of any solicitation of Services that exceed $50,000, the solicitation shall be reviewed by the Management Committee. All contractors are subject to the compliance with the City's Fair Wage Policy, and any applicable Labour Trades Agreements and other laws deemed applicable, this must be made clear in all solicitation document. Any questions in relation to the Fair Wage Policy or Schedules please visit the link provided below: https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/fair-wage-office-policy/ The Property Manager shall provide the results of the procurement process by submitting a written recommendation to review and award to the Governance Committee. The details of the written recommendation to award can be discussed with the Governance Committee at its first meeting. The Governance Committee will advise whether or not to proceed with the award. All records pertaining to all the procurements conducted on behalf of City for this Facility must be maintained for a period of 8 (eight) years and must be made available upon request at any time during the term of this contract. The Property Manager will be responsible to document and manage all contract spend, quality of work, performance of each service contract and ensure the services are being delivered as set out in the solicitation and/or resulting agreement. The Property Manager shall not retain the services for contract with any family member of the owners of the Property Manager or any company with which it has any connection either by family, or ownership, in relation to the provision of the Services. Reporting and Communication The Property Manager will report to the City Representative on the day to day activities and advise the Management and/or Governance Committee in matters described in this RFP. The Property Manager shall schedule status meetings and the appropriate agenda monthly with the Management Committee and quarterly meetings with the Governance Committee. The details of the agenda and the frequency of the meetings will be formalized during the onboarding phase. The Property Manager is expected to maintain good lines of communication with all members of the Facility as per the following chart:

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3.3 Budgeting and Cost Control

The Vendor shall provide a five-year budget, with annual budgets, to the Management Committee for review before approval by the Governance Committee including the following items:

Property Manager Fee Custodial Services General Maintenance (in accordance with Appendix J) Capital Work Minor Capital Repairs Allowance for unplanned minor capital repairs Utilities Independent Audit Report Revenue from the Third-party Parking Operator.

The City shall collect revenue from the third-party parking operator and the funds will be held by the City in an account for minor capital repair at the Facility. The Vendor will recommend an annual budget for minor capital repair and the City will provide the Vendor the funds from the parking garage for these.

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The City will provide the Vendor the percentages to use to apportion the share of costs among the Parties. The Vendor will then apply these shares to the budget as follows:

City; (with a detailed break outs for PF&R, and through City Real Estate: Child Care and Community Space); TDSB; TCDSB.

Provide the Management Committee annual cash flow reports and update these quarterly. Deliver an analysis of the variances with each cash flow report. The Vendor shall prepare a 10-year state of good repair facility rehabilitation plan and update it annually, utilizing data provided by the City, which identifies a work plan, proposed cash flow and appropriate percentage allocation for each Party, in order for the Parties to coordinate their capital plans. The Vendor shall arrange for and pay for an annual external independent audit report for the use of the Governance Committee. The audit shall be completed using standard acceptable accounting practices and delivered to the Governance Committee within the first quarter of the following Fiscal Year. The Governance or Management Committee may audit, examine and copy, any and all books, records and information relating to the operations of the Facility. 3.4 Accounting The Vendor shall notify the Management Committee as soon as possible that a Necessary Expenditure has been identified and provide details as to why the Necessary Expenditure is required. Where possible, the Property Manager will develop a plan for the most expeditious and economical approach to address Necessary Expenditures. Track all payments using Accounts Payable (AP) software that implements such control measures as work flows, approval authority, payment limits and variance notifications. Issue purchase orders to contractors and pay contractor invoices when due. Process and record all accounts payable. The AP software is to provide accounting information for each of the four accounts described in Section 3.3 Budgeting and Cost Control. The Vendor shall invoice monthly for its work. For this work the Vendor should submit an invoice to TDSB, TCDSB, City PF&R and City Real Estate. The invoice to City Real Estate shall be separated into the work in the Child Care and the work in the Community Space. Each invoice will be based on the proportional share allocation for the cost of the work. Invoicing shall include a variance report, breakdown and other documentation (including back up invoices) as required to verify the value of the work. Arrange for and pay for natural gas, electricity, water, sewage and other building utilities. Log annual usage for utilities using building system meters. Telecommunications costs are borne by the Parties directly.

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3.5 Child Care Specific to the child care space, the City has an arrangement where it shall recover the operating costs associated with this space, this space shall be managed by a Child Care Operator. The Vendor shall maintain comprehensive and accurate reports of the operating costs for the Child Care and shall assist the Child Care Operator by itemizing these costs as required. The Vendor shall assist the Child Care Operator by providing a full description of operating costs eligible for recovery. To clarify, the operating costs for Child Care shall include General Maintenance, Capital Work, custodial work, utilities and taxes and in addition to these the repair and replacement of furnishings, appliance and equipment. The Vendor shall provide the Child Care Operator an annual budget for operating costs at least 60 days prior to the first day of the proposed budget year. The operating costs budget is intended to be an estimate of those costs incurred for each budget year to guide expenditures. The Property Manager will be required to attend meetings with the Child Care Operator to aid in answering questions about the budget and expenditures to the funding condo boards the expenses are being removed from. The Vendor is to issue monthly reports to the Management Committee on operating costs for recovery inclusive but not limited to:

receipts and expenditures; “budget vs actual” reports with variances, explanations, and year to date totals; operating report, including budget line references; other reports necessary to be efficient and pro-active in the operation of the Facility.

3.6 Community Space Specific to the Community Space the Vendor is to report monthly to the Management Committee on the operating cost, including, but not limited to:

receipts and expenditures; “budget vs actual” reports with variances, explanations, and year to date totals; operating report, including budget line references; other reports necessary to be efficient and pro-active in the operation of the Facility.

3.7 Security The Vendor will contract and oversee service(s) to monitor alarms 24/7 (intrusion, fire, mechanical system, elevator, cameras etc.) and dispatch a qualified service/response person(s). Live monitoring of video feeds is not permitted by the Vendor. The Vendor will be a point of contact for the request of footage from the third party monitoring who will access and deliver video footage as required by the Police or Principals. In addition the vendor will:

On approval from the Management Committee arrange for on-site security as deemed necessary.

Manage the access control system including provision of access cards and codes for staff appropriate to their function.

Open and close barriers to segregate access to portions of the building as required.

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3.8 Life Safety Systems The successful Property Manager will be responsible for;

Conducting a regular fire and life safety systems inspections, including elevator, fire alarm panels and devices in accordance with all applicable codes and completing maintenance to these items in a timely manner

Conducting regular fire drills for the Facility and logging of each drill Ensuring up-to-date fire and evacuation plans remain in place Coordinating with the Management Committee in scheduling the required annual

number of Facility fire drills, lock down drills and procedures Conducting regular joint health and safety meetings with Personnel and the Party

representatives Preparing and practicing an emergency response plan that provides details of coverage

and response for issues that could occur 24 hours per day, seven days a week. Practice emergency response measures quarterly or more often as directed by the Management Committee.

3.9 Parking A third-party operator shall be responsible for managing the parking pay system, including operating, maintaining and cleaning the components necessary for a functional parking pay system. The Vendor shall be responsible for, but is not limited to:

providing the operator’s staff access to the parking garage for the operation of the pay system

Issuing parking tags to staff of the Parties Monitoring the parking garage periodically and on request Patrolling the parking garage and call for cars to be tagged and towed where they are

parked in time-reserved space or have expired pay-and-display vouchers

3.10 Responsibility for the South Field The City Parks Forestry and Recreation will be responsible for the maintenance of the existing south artificial turf field. Refer to the drawings in Appendix ‘H’ for the extent of the turf field. The Vendor is responsible for a morning “school yard” safety inspection of the field and will take appropriate action to remove minor litter and follow City sharps/hazards protocol which includes removing and disposing of sharps, ensuring the field is free from visible hazards before each school day. The Vendor will report any safety concerns or maintenance deficiencies to the City Park Supervisor and open and close the gates as required. 3.11 Emergency Reception Centre Use Canoe Landing Community Recreation Centre has been identified by the City of Toronto as an 'Emergency Reception Centre'. As such, the centre will function as a temporary place of refuge during an emergency that displaces community members from their residences, such as a prolonged power outage or an extreme weather event. The community centre design includes an emergency generator and meets the requisite code requirements permitting its use as an emergency reception centre. The following spaces can be potentially used during an emergency:

Level 2 – Two (2) Gyms – (Gym 1A - N2.3A, Gym 1B - N2.4A) , Three (3) Multi-Purpose Rooms (Room 1 – N2.14A, Room 2 – N2.12A, Room 3 - N2.11), and One (1) Indoor Playspace (N2.17A)

Level 3 – Two (2) Studio Rooms (Studio 1 Fitness – N3.3A, Studio 2 Yoga – N3.6A)

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Both the City of Toronto's Office of Emergency Management staff and City of Toronto PF&R staff as well as other agencies will manage the operation of the facility in coordination with the Property Manager. 4.0 PROPOSAL EVALUATION AND SELECTION PROCESS 4.1 Selection Committee All Proposals will be evaluated through a comprehensive review and analysis by a Selection Committee, which will include members from the Parties and Client divisions. The Selection Committee may at its sole discretion retain additional committee members or advisors. The aim of the Selection Committee will be to select one (1) Proponent who meets the City's re-quirements in this RFP and provides the best overall qualifications and value to the City. The Proponent selected, will not necessarily be the one offering the lowest price. Pricing is only one (1) 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 Selection Committee as approved by City Council will be final and binding. 4.2 Selection Criteria The Selection Committee will evaluate Proposals based on the evaluation table in Appendix ‘E’. 4.3 Selection Process A compliance review will be conducted to determine which Responses substantially comply with all of the mandatory submission requirements. Responses failing to satisfy the mandatory submission requirements as of the Submission Deadline will be provided with an opportunity within the Rectification Period to rectify any submission deficiencies. Responses failing to satisfy the mandatory submission requirements within the Rectification Period will be excluded from further consideration. The Rectification Period will begin to run from the date and time that the City issues its rectification notice to the Respondent(s). Respondents that are deemed compliant will qualify to be evaluated further; STAGE I A Proponent's technical portion of the Proposal must score a minimum of 70% (or 42 out of 60 points) to be invited to; STAGE II An interview (may consist of a CMMS demonstration, sample logbooks, Payroll software, etc.), and must score at least 70% (or 7 out of 10 points on the interview) for; STAGE III Cost of Services envelope to be opened and evaluated. The Proposal that achieves the highest score will be ranked first. Scores will be calculated to two decimal points. In the event of a tie score, the Proponent achieving the highest score for its technical portion of the Proposal will be ranked first overall. The City's 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

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envelopes until evaluations for the technical portion of the Proposal are complete and Proponents have been short-listed. 4.4 Schedule of Events The timetable for the RFP process is shown in the following table: Table 1- Schedule of Events

Date Milestone

February 4, 2019 RFP Issue Date

February 13, 2019 Voluntary Information Meeting

February 20, 2019 Deadline for Proponent Questions

February 22, 2019 Release of final Addendum (if any)

February 27, 2019 RFP Closing Date

February 27 - March 5, 2019 Rectification Period

March 2019 Evaluations, Interviews, and Recommendation June, 2019 Notice of Award

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 mandatory 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 (1) or more Proponents and not from others. 4.6 Interviews A Proponent whose written Proposal has met or exceeded the minimum 70% score for stage 1 technical portion of the Proposal will proceed to the interview stage. The interview will be stage 2 of the evaluation and at the interview the proponent shall present important aspects of its proposal and respond to questions by the Selection Committee. The representatives designated by the election 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, 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. The Personnel team of the Proponent is an important element in the selection criteria, and the Proponents team shall be present for the interview the week of March 18 - 22, 2019. No Proponent will be entitled to be present during, or otherwise receive any information regarding, any interview with any other Proponent.

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Refusal of a Proponent to participate in an interview 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 City. 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 Councillors 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 Preferred Proponent will not oblige the City to negotiate or execute an Agreement with that Preferred 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 satisfactory to the CCO and be in a form satisfactory to the City Solicitor. If the Agreement requires City Council or Committee's 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, subject to any modifications deemed necessary by the City Solicitor. 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’. If any Agreement cannot be negotiated within sixty (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.

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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. Do not provide general marketing and promotional material. 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. Where a Proponent's assumptions are inconsistent with information provided in the RFP or so extensive that the total Proposal cost is qualified, the Proponent risks disqualification. 5.2 Proposal Documentation and Delivery Shall the Proponent fail to submit with their Proposal submission any of the following Proposal documentation, it will result in the Proponent being declared non-compliant and will not be considered for award. The documentation for each Proposal:

(a) 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.

(b) Must consist of one (1) original (clearly marked as such on its first page), one digital copy and eight (8) full photocopies of:

(c) Envelope No. 1 - A Main Proposal Document Response, as described in section 5.3 - Proposal Content.

(d) Envelope No. 2 – Cost of Services, Price Forms as described in section 5.4.

(e) must be completed in a non-erasable medium and signed in ink.

(f) must not include: i) any qualifying or restricting statements;

ii) exceptions to the terms and conditions of the RFP that have not been approved through an addendum; or

iii) additional terms or conditions. 5.3 Proposal Content - Envelope No. 1 (PROPOSAL ONLY) It is preferred that the proposal in Envelope No. 1 does not exceed twenty (20) pages in double sided sheets or a total of forty (40) pages in single sided sheets. Paper size must be 8 ½ x 11 and typed at a minimum eleven (11) point font with unlimited appendices. Please ensure that no cost of services are contained within Envelope No. 1.

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Any costs identified in Envelope 1 for the Services of the RFP will be declared non-compliant. 5.3.1 Proposal Provide Mandatory documents for Envelope No. 1 in an Appendix titled ‘Mandatory Documents’ attached at the end of your Proposal. Refer to Appendix ‘G’ of this RFP for the Mandatory submission requirements and checklist.

Mandatory

Proponent must provide a Form 1 Appendix ‘C’ (Proposal Submission Form) completed and signed by an authorized official of the Proponent. This includes the acknowledgement of all addenda.

Mandatory

Proponent must provide with their proposal, a letter issued by a Canadian licensed surety company confirming that the Vendor is able to obtain a Performance Bond of 50% of the Vendors Proposed bid. If the letter is not submitted at the time of closing, the Proponent shall provide the letter within five (5) business days upon request from the City. The highest scoring Proponent will be required to provide, a Certified Cheque, Performance Bond, Bank Draft, Money Order or Irrevocable Letter of Credit, made payable to City of Toronto, Treasurer, each in the amount of 50% of the proposed total contract cost of service to be in Canadian dollars to act as the Performance Security.

Mandatory

Proponent must submit with its proposal, a Certified Cheque, Bid Bond, Bank Draft, Money Order or Irrevocable Letter of Credit, made payable to City of Toronto, Treasurer, in the amount of $5,000 to be in Canadian dollars to act as the Bid Security.

5.3.1.1

Letter of Introduction

Introducing the Proponent and signed by the person(s) authorized to bind the Vendor to statements made in response to this RFP. This should contain the same signature as the person signing the submission forms.

5.3.1.2 Table of

Contents:

Include page numbers and identify all included materials in the Proposal submission.

5.3.1.3 Executive Summary:

Proponents are requested to provide a summary of the key features of their Proposal. A general statement should be provided for each of the subsections identified in 3.0 Property Manager’s Services.

5.3.1.4 Proponents

Profile:

Proponents should have Personnel, organization, corporate culture, financial resources and market share adequate to ensure their ongoing ability to deliver the services including the ability to provide timely response and property management services to the City for the Term of Agreement. To permit the Proponent to be evaluated as a viable and sound enterprise, include the following information with respect to the Proponent:

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Item 1

Provide a profile and summary of corporate history including: Date company started Total number of Personnel Major clients and Business partners and the products/services they offer Corporate Structure A letter from a financial institution or from their auditor providing assurance to the City that the Proponent has been and is financially viable and solvent and 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

5.3.1.5

Experience and

Qualifications of the

Proponent:

It is important that the Work be undertaken by a Proponent who can demonstrate specific knowledge of and experience in performing similar work for projects of comparable nature, size and scope the Proponent should provide the following:

Item 2

Provide a minimum of one (1) project in which the Proponent successfully provided similar scale Property Management Services in a Government / Institutional environment with a minimum annual contract value of $250,000 for the project provided (within the last five (5) years) indicating for each: Name of company/client Nature of the company/client's business Approximate building size, square footage Total contract value Duration the contract term In the event of a consortium provide the information described above for each member of the consortium. Describe the business arrangement of the consortium and the roles and responsibilities for each member. A reference letter must be provided by the client your firm provided Property Management Services for this project.

Item 3

In addition to Item 2. above, the Proponent is to provide 2 other projects that demonstrate its experience in delivering the services described in this RFP with a corresponding reference letter by the clients your firm provided Property Management Services. The reference must be of similar scale to the services required for this RFP. See Appendix D - Reference Form.

Item 4

Provide the annual value of all Property Management Services work undertaken for each of the past (5) years.

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Item 5

Provide the Certified Facilities Manager (CFM) certifications for Personnel designated for the project and/or approved equivalents as stated below. Further provide copies of current membership(s) that indicates a length of membership any of the following organizations. Building Owners and Managers Association (BOMA) International Facility Management Association (IFMA) List other association memberships or other qualifications

Item 6

Describe the Computerized Maintenance Management System (CMMS) proposed for this work and the number of years and similar projects where this system has been used. Provide samples of the following: Preventative maintenance schedule Life Safety Systems inspection schedule and frequency Contractor Performance (KPI's) and contract spend

Item 7

Describe the Accounts Payable system (AP), its benefits and application to this project. Provide a sample of a monthly financial report

Item 8

Describe the Payroll System, its benefits and application to this project. Provide a sample of Personnel scheduling software and the process for organizing the work tasks, establishing milestones, performance, reporting progress, time keeping capabilities and address variances

5.3.1.6

Proposed Staff Team

and Resources:

It is important that the Work be undertaken by Personnel team who can demonstrate specific knowledge of, and experience in performing similar work of comparable nature, size and scope. In particular, the Proponent should provide the following in its Proposal;

Item 9

A listing of key Personnel 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 project. This would include the Property Manager and Assistant Property Manager, administration person(s).

Item 10

Confirmation that the proposed on-site Property Manager has a minimum of five(5) years' experience directly responsible for similar scale project

Item 11

Resumes for key Personnel are to be included as an Appendix to your proposal submission

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5.3.1.7 Proposed

Work Plan:

The Proposal shall provide a detailed description of how the proponent intends to achieve the objectives of the scope of work identified within this RFP including the following:

Item 12

A brief description outlining how the Proponent will achieve the objectives described in this RFP.

Item 13

Describe the Proponent’s experience with and approach to communicating with multiple representatives.

Item 14

Recommend successful strategies for resolving conflicts where the implementation of the work could conflict with the programming.

Item 15

Describe how the Proponent will ensure health and safety practices are appropriate and sufficient to protect the Facility users during the maintenance work.

Item 16 Provide a copy of the Proponent’s Health and Safety Policy.

Item 17

A Personnel plan indicating how the Proponent will assign its own full time Personnel, part time Personnel and back up Personnel. Identify the staffing levels for the spring, summer, fall and winter and the rationale for adjusting the staffing levels.

Item 18 How will the proponent address Section 2.3.1 Supplier Diversity.

Item 19

Confirm work will be performed by the Proponent’s Personnel and what services will be performed by third party service contractors.

Item 20

For emergencies after operating hours describe how the Proponent’s call-centre will function and if this call-centre is a Vendor call-centre or an outsourced call-centre.

Item 21

The proposed contingency plan in the event of a Labour Dispute, Strike/Lockout, Pandemic and/or Emergency that results in service disruption, the Proponent should outline its proposed contingency plan.

Item 22

Evidence that the Proponent has experience with managing contracts using "green" or environmentally preferred cleaning products and equipment similar or comparable to the products that will be used for the Facility.

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Item 23

The Successful Proponent(s) shall conduct a pre-employment Vulnerability Sectors Screening of all School Crossing Guards, and shall reject applicants with any felony convictions, misdemeanor convictions involving crimes against children, or convictions involving any violent / sexual crime.

Item 24

Details of the following Vendor Personnel training programs: Health and Safety training. Work Place Hazardous Materials Information System –WHMIS. Violence in the Workplace training. Accessibility for Ontarians with Disabilities Act (AODA) Customer Service Training

Item 25

Provide a copy of Personnel training records within the last two (2) years confirming that the Proponent provides current and regular training and re-training of its Personnel.

5.4 Cost of Services - Envelope No. 2 The Management Fees to be paid to the Property Manager shall include all those fixed costs set out in the RFP. Not included in the Management Fee are contracts including but not limited to custodial services, utilities, landscaping and supplies. The City and Schools standard payment terms are 30 days from the receipt of the invoice. The final payment terms may be subject to further negotiation. The Vendor shall be solely responsible for any and all payments and/or deductions required to be made including to its Personnel, but not limited to, those required for the Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance, and Income Tax. Prices submitted are to be firm for the duration of the Agreement. The City will not allow for any price increases due to any Collective Bargaining Agreements or Collective Bargaining Agreement job classification adjustments for the duration of this contract. 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. To facilitate payments, the City of Toronto and the Schools will offer secure electronic deposit payments directly to your bank account. Please ensure that no cost of services are contained within Envelope 1. Any costs identified in Envelope 1 for the Services of the RFP will be declared non-compliant. Schedule F.1

Property Management Fee - FULL FACILITY

Schedule F.2

Property Management Fee - CHILD CARE CENTRE ONLY

Schedule F.3

Property Management Fee - COMMUNITY SPACE ONLY

Schedule F.4

Property Management Fee - EMERGENCY SERVICES/SPECIAL EVENTS

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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; (b) 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 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.

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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: http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.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 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.

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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 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.

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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 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

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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. 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.

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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. Proponets 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 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

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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 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 - MANDATORY AGREEMENT TERMS AND CONDITIONS In the event of any conflict between these terms and conditions and the provisions of the RFP, the General Manager of Parks, Forestry and Recreation, at her sole discretion, shall determine which terms shall prevail. Capitalized terms not otherwise defined have the meanings given them in the RFP or the Shared Facilities Agreement. 1. DEFINITIONS

1. "Applicable Law" means all federal, provincial and municipal laws, regulations, rules, codes, policies (including, without limitation, the City's Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry and other policies or by-laws applicable to the City's service providers; 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) and those of any other lawful authority, and all court orders, judgments and declarations of a court of competent jurisdiction, applicable to the Facility and the Services to be provided by, and the undertakings and obligations of, the Property Manager under this Agreement.

2. "Boards" means the TDSB and the TCDSB.

3. “Business Day” means any day other than a Saturday, Sunday or a statutory or civic holiday in the Province of Ontario.

4. "Child Care Centre" means the child care centre to be located in the Facility and

operated by a third-party operator as a tenant of the City.

5. "Community Space" means the area within the Facility to be operated as community space, either through a lease to a third-party operator, or directly by the City.

6. "Confidential Information” means all information of the City or the Boards that is of a

confidential nature, including all confidential information in the custody or control of the City or the Boards, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of the Property Manager in connection with this Agreement. For greater certainty, Confidential Information shall:

a) include: (i) all new information derived at any time from any such information whether

created by the City, the Boards, the Property Manager or any third-party; (ii) all information (including Personal Information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation or otherwise at law; but shall

b) not include information that: (i) is or becomes generally available to the public without

fault or breach on the part of the Property Manager of any duty of confidentiality owed by the Property Manager to the City, the Boards or to any third-party; (ii) the Property Manager can demonstrate to have been rightfully obtained by the Property Manager, without any obligation of confidence, from a third-party who had the right to transfer or disclose it to the Property Manager free of any obligation of confidence; (iii) the Property Manager can demonstrate to have been rightfully known to or in the possession of the Property Manager at the time of disclosure, free of any obligation of confidence when disclosed; or (iv) is independently developed by the Property Manager; but the exclusions in this subparagraph shall in no way limit the meaning of

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Personal Information or the obligations attaching thereto under this Agreement or at law;

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

a) in relation to the solicitation 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 solicitation process including the giving of a benefit of any kind, by or on behalf of the Property Manager 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 solicitation 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

Property Manager'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.

8. “Facility" means the City-owned property located at 20 Brunel Court, and shared among

the City, TDSB and TCDSB in accordance with the Leases and the Shared Facilities Agreement, as may be amended from time to time.

9. "Fiscal Year" means the period of 12 months ending on December 31 in each year or

such other 12-month period as may be designated from time to time by the City.

10. "General Manager" means the City's General Manager of Parks, Forestry and Recreation and includes his or her designate and successor.

11. "Governance Committee" means the committee established by the City, the TDSB and

the TCDSB under the Shared Facilities Agreement, responsible for the executive direction of the Facility.

12. "Leases" means the leases from the City to the TDSB and the TCDSB of those portions

of the Facility that are for the exclusive use of the Boards for school purposes, and "Lease" means either one of them.

13. "Management Committee" means the committee established by the City, the TDSB and

the TCDSB under the Shared Facilities Agreement, responsible for making decisions regarding the day-to-day operations of the Facility.

14. “Necessary Expenditure” means any expenditure, including any capital expenditure,

which is reasonably necessary to enable the Parties to comply with any municipal work order or similar directive or which is reasonably necessary to prevent or rectify a condition on the Facility, structural or otherwise, which poses a reasonably foreseeable threat to the physical integrity of the Facility or to the health or safety of its occupants.

15. “Personal Information” means recorded information about an identifiable individual or

that may identify an individual;

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16. “Personnel” means the Property Manager's personnel and includes: the Property

Manager's officers, directors, partners, employees, agents and subcontractors; any person employed or engaged by or under the control of the Property Manager or its subcontractors to perform or supply any part of the Services including goods related thereto, and any other person for whom the Property Manager is responsible at law.

17. “Record”, for the purposes of this Agreement, means any recorded information, including

any Personal Information, in any form: (a) provided by the City to the Property Manager, or provided by the Property Manager to the City, for the purposes of this Agreement; or (b) created by the Property Manager in the performance of the Services;

18. “Services” means those property management services, and any goods related thereto,

and obligations detailed in this Agreement (as more particularly described in the RFP), to be provided and undertaken by the Property Manager for the City, unless the context requires otherwise, authorized by the General Manager in accordance with this Agreement.

19. "Shared Facilities Agreement" means the agreement among the City, TDSB and TCDSB

in relation to the shared use and shared expenses associated with the Facility.

20. "TCDSB" means the Toronto Catholic District School Board.

21. "TDSB" means the Toronto District School Board. 2. GENERAL

1. Except as otherwise specifically permitted under this Agreement, the Property Manager

shall not assign this Agreement or any part of it without the prior written consent of the General Manager, which consent may be arbitrarily and unreasonably withheld, in her absolute discretion. Any written consent shall not under any circumstances relieve the Property Manager of its liabilities and obligations under this Agreement.

2. The Property Manager acknowledges that it is providing the Services to the City on a non-exclusive basis. The City reserves the right to contract with other parties for the same or similar Services as those provided by the Property Manager, and reserves the right to obtain the same or similar Services internally.

3. MANAGEMENT FEES

1. Management fees to be paid to the Property Manager for the Services shall be as

determined by the parties, referencing the RFP and Proposal.

2. The Management Fees shall include all those fixed costs set out in the RFP and/or the Proposal. Not included in the Management Fees are custodial services, utilities, landscaping and supplies, and as otherwise described in the RFP and/or the Proposal.

3. The Property Manager shall not accept any commissions, reductions, finder's fees or

other concessions from tradespeople, suppliers, contractors or tenants in undertaking the Services. If such concessions are received by the Property Manager, they shall be remitted to or credited to the City immediately upon receipt. Any breach of this section by the Property Manager shall entitle the City to terminate this Agreement immediately.

4. The Property Manager shall not employ, retain the services of, or otherwise contract with

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any family member of the owners of the Property Manager or any company with which it has any connection either by family, or ownership, in relation to the provision of the Services, without the written approval of the Governance Committee or a designate of the Governance Committee, which may be arbitrarily and unreasonably withheld in its sole discretion.

5. If the Property Manager, with the prior approval of the Governance Committee or a

designate of the Governance Committee, provides services in addition to those which it is required to provide under this Agreement, the City shall pay the Property Manager a fair fee for those services but nothing shall obligate the Property Manager to provide those services and nothing shall obligate the City or the Boards to pay such a fee, until the Governance Manager or its designate, as applicable, and the Management Committee have agreed to the amount of such fee and the terms thereof.

4. PERSONNEL

1. The Property Manager shall comply with each of the following provisions throughout the

Term of this Agreement and any renewals, at no additional cost to the City: a) The Property Manager shall make available and employ for the purposes of this

Agreement only such management and non-management Personnel as are professionally qualified, careful, skilled, trained and experienced in the duties required of them to perform the Services properly and in a competent and professional manner. All necessary materials, tools, machinery and supplies required in performing the Services must be provided by the Property Manager or its Personnel. It is the Property Manager's responsibility to control and check the Services of all of its Personnel and to ascertain that all Services are performed in accordance with this Agreement.

b) The Property Manager agrees that to the extent that specific individuals are named

in its Proposal as being responsible for the provision of the Services, only those individuals shall provide the Services under this Agreement. The Property Manager shall not replace or substitute any of the named individuals without the prior written approval of the City. Should the Property Manager require the substitution or replacement of any named individuals, it is understood and agreed that any proposed replacement must possess similar or greater qualifications than the named individual. The Property Manager shall not claim fees for any replacement individual greater than those established under this Agreement.

c) All Personnel provided by the Property Manager shall be the employees of the

Property Manager or, to the extent permitted under this Agreement, its subcontractors. In no event shall such Personnel be either the agents or employees of the City. The Property Manager shall indemnify and save harmless the City from and against all losses, costs, claims, expenses, penalties, obligations and/or damages suffered by the City arising from the failure of the Property Manager or any Personnel to comply with the Employment Standards Act, as amended from time to time.

d) The Property Manager shall recruit, hire, train, supervise, evaluate, direct, discipline,

and if necessary, dismiss, all of the Personnel performing the obligations of the Property Manager under this Agreement, and shall be responsible for all costs, damages and/or expenses related thereto.

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e) The Property Manager shall be solely responsible for any and all payments,

deductions and remittances required to be made by law in respect of any payments received by the Property Manager for the Services or payments made by the Property Manager to any of its Personnel, including, without limitation, any such payments, deductions or remittances in respect of Canada or Ontario pension plans, employment insurance, WSIB, income tax, health premiums, HST or other taxes.

f) The Property Manager shall designate an individual to act as the Property Manager’s

manager for the Facility and main point of contact with respect to the obligations of the Property Manager under this Agreement, and to coordinate delivery of the Services and the work of the Property Manager and Personnel.

g) The Property Manager will ensure that its Personnel (including those of its

subcontractors), when using the Facility or any equipment, hardware or software therein shall comply with all City health and safety policies, and security policies and clearances, regulations or directives relating to the Facility, equipment, hardware or software of which the Property Manager has received oral or written notice.

h) The Property Manager shall screen all Personnel and ensure that they meet the

certification and other reasonable requirements imposed by the Management Committee from time to time, and shall, at no cost to the City, provide evidence thereof upon the request of the Management Committee. Such evidence may include, without limitation, evidence of clearing a current Vulnerable Sector Police Reference Check where applicable, education credentials, work history, citizenship card, and/or licences. If the Management Committee is not satisfied with the timeliness, accuracy, validity, adequacy or completeness of the information received, then the Property Manager shall ensure that the applicable Personnel is replaced immediately, at no cost to the City.

i) The Property Manager shall cause its Personnel to at all times act professionally and

ethically in their performance of the Services under this Agreement, including in their dealings with the City’s employees and tenants. The Property Manager shall be responsible at all times for the conduct of all of its Personnel in the carriage and performance of its duties under this Agreement. The City and its Tenants shall have, at all times, the right to inspect the work performed by the Property Manager and its Personnel as it deems necessary. The Property Manager shall promptly notify the City when it becomes aware of any actions or omissions on the part of such Personnel that may involve financial loss or liability to the City or its Tenants.

j) The Property Manager shall ensure that its Personnel at all times work in a

professional, co-operative and collegial manner with the City and its Tenants. The Property Manager and its Personnel must be prepared for personal contact with members of the public, the Tenants of the Facility and City staff. It is agreed that the Property Manager and its Personnel shall meet high standards of appearance and demeanour, and shall at all times treat those persons with the utmost courtesy and respect, all as is appropriate to the nature and business of the City and its Tenants.

k) All Personnel performing the obligations of the Property Manager shall wear clean

and appropriate attire at all times, as approved by the Management Committee, acting reasonably. The Property Manager shall ensure that all such Personnel use name tags and carry Facility access cards with a current picture of the Personnel at all times ("Facility Access Cards"). Personnel shall also wear safety devices appropriate to their responsibilities, and have the necessary safety equipment and

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proper tools and follow safe work practices.

l) (i) The Property Manager will be responsible for the conduct of labour relations with any trade union which has or seeks bargaining rights to represent any of its Personnel and shall negotiate and be responsible for resolving all disputes involving its Personnel. (ii) The Property Manager shall immediately give notice to the Management Committee of any changes to the nature of the collective bargaining agreement between the Property Manager and its Personnel should this occur during the Term of this Agreement. The Property Manager shall immediately give notice to the Management Committee of any actual or potential labour dispute of which it has knowledge, which could or does threaten to delay or adversely affect the performance of the Services or the Property Manager's obligations under this Agreement. (iii) The Property Manager shall ensure that, in the event of a labour disruption involving its Personnel, all Services and other obligations of the Property Manager under this Agreement shall continue uninterrupted, and the Property Manager shall indemnify and save the City harmless with respect to all costs, expenses and liabilities incurred by the City as a direct or indirect result of any such labour disruption.

m) (i) The Property Manager acknowledges and agrees that in the event of a labour

disruption involving the City, the TDSB or the TCDSB, the Property Manager's Personnel will be required to cross picket lines, if any, for the duration of any labour disruption and continue to provide the Services, except as otherwise set out in this Agreement.

(ii) In the event that a labour disruption results in the full or partial closure of the Facility, the City may suspend the Services or any part thereof in relation to the Facility or any part thereof, in accordance with the terms of this Agreement.

(iii) In the event of a picket line, the Property Manager may be delayed in the performance of the Services and, as such, the Property Manager must allow additional time to cross the picket line in order to fulfill its obligations under this Agreement.

(iv) The Property Manager shall not receive any compensation whatsoever in the event of a labour disruption that may restrict or prevent access to or use of the Facility or any part thereof.

n) (i) In the event that any of the Property Manager's Personnel, in the reasonable

opinion of the General Manager, has performed unsatisfactorily or breached an obligation of the Property Manager under this Agreement or has otherwise acted improperly, the City and the Property Manager shall work together to rectify the issue. In such cases, the City may, at its sole discretion, require the removal and/or replacement of any Personnel, which shall be at the Property Manager's sole expense.

(ii) The failure of the Property Manager to rectify any deficiencies in the Services may result in the withholding of payment to the Property Manager until resolved to the General Manager's satisfaction. The City shall not pay any fee or compensation

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whatsoever in respect of the time required by any replacement Personnel to gain familiarity with the Facility or the Services.

2. The City shall provide an On-Site Logbook ("Logbook") and Shift Register ("Register”).

All Personnel, including subcontractors, must sign in to the Logbook when arriving at the Facility. The Logbook must not be removed from the Facility for any reason. The Logbook is to be available for review at any time by the City Representative overseeing this Agreement. The City may, at its sole discretion, consider allowing the use of a property management software tool, if it is satisfied that such software would meet all the requirements of the Logbook under this Agreement, including without limitation the availability to the City representative as set out above.

3. The Property Manager shall ensure that its Personnel sign in to the Facility using their

legal name only as has been identified on each Personnel's Facility Access Card.

4. The Property Manager will ensure the Logbook contains at a minimum:

a) Daily, weekly and periodic work schedule; b) Checklist for tasks that are completed by custodial and other staff, and verified by the

Site Manager or the City Representative, as directed by the City; and c) Section for client notes, comments and requests.

5. The Property Manager shall forward to the City Representative payroll records for each

employee working at the Facility on a bi-weekly cycle throughout Term. Without limitation to the foregoing or anything else in this Agreement, such payroll records shall contain sufficient information to allow the City Representative to confirm compliance with all Applicable Law, including the City's Fair Wage Policy.

a) The Property Manager shall forward its staff schedule for each upcoming week of

work identifying all Personnel who will be working within the Facility and the Personnel's shift hours (Start and finish times) to the City Representative. Any changes to Personnel for any reason whatsoever (including, without limitation, illness or vacation) shall be reported to the City Representative immediately.

b) No additional costs shall be incurred for any services without the prior written

consent of the City Representative.

c) The Property Manager shall supply the City's Representative a list of assigned Personnel to the Facility and updated as necessary. The list will identify the Property Managers full time equivalent numbers for this Agreement.

d) The Property Manager shall supply the Management Committee on a monthly basis

with a list of all supplies used and delivered. The Property Manager will be responsible for following up on any questions or concerns which the City Representative may raise regarding irregularities in supply usage.

5. PROPERTY MANAGER SERVICES:

1. The Property Manager covenants and agrees that, in addition to its other covenants,

agreements, duties and obligations under this Agreement, the Property Manager shall perform the following duties in connection with the Facility: a) to supply and perform the Services, more particularly described in the RFP, and

undertake, perform and complete the Services and obligations provided for in this

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Agreement to the satisfaction of the General Manager in accordance with all the terms and conditions of this Agreement;

b) to supply and provide, at its sole cost, save as otherwise expressly provided in this

Agreement, all necessary equipment, goods, materials, analysis, transportation, accommodation, labour, personnel, technical assistance and incidentals required in performing or supplying the Services, and all overhead expenses in connection therewith;

c) to supply, perform and provide the Services in a careful, professional, skilful, diligent,

timely and workerlike manner according to the best standards of practice, care, skill and diligence to be expected of professionals and contractors in the performance of services similar to those called for under this Agreement including the use of materials and methods as are properly suited to the function and performance intended;

d) to keep the entire Facility in a state of good repair at all times, in accordance with the

terms of this Agreement;

e) to adhere to the Facility time schedule and any amendments thereto approved in writing by the Management Committee; and

f) to manage matters such as access cards, lost keys and cards, and other similar

matters, as directed by the Management Committee.

g) perform and supervise all direct routine maintenance, preventive maintenance and cleaning as more specifically outlined in the RFP;

h) establish and maintain a preventive maintenance plan and an historical record of

General Maintenance for the Facility;

i) as more specifically outlined in the RFP, arrange for and supervise (whether by on-site staff or third party contractors retained by the Property Manager under a contract permitted by this Agreement) the making of all building and equipment repairs, replacements and enhancements (including the maintenance, repair and replacement of the heating, air conditioning, plumbing and electrical equipment, appliances, alterations and redecoration in or about the Facility) as may be necessary or desirable for the efficient and lawful management or operation of the Facility or to improve the reliability thereof, including those repairs or alterations necessary so as to comply with any and all Applicable Law. Provided that the Property Manager shall obtain the direction of the City before making any replacements of building components, equipment or systems.

j) as more specifically outlined in the RFP, cause its Personnel to carry out at monthly

intervals such physical inspections of the Facility as would be undertaken by a reasonable and prudent property manager, to confirm conformity to normal maintenance standards, and submit a report of such inspections to the Management Committee as it requires from time to time.

k) review and approve all expenses, record and track expenses with respect to the

Facility, and enter such data into a computer system running property management software acceptable to the City; the original invoices for such expenses shall be made available to the Management Committee within two Business Days following the request therefor.

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l) adhere to the key performance indicators established by the City to monitor the

performance of the Property Manager, as set out in the RFP.

m) immediately report any change of control within the Property Manager, and any contracts and/or transactions entered into between the Property Manager with any of its subsidiaries or affiliates related to the Management Services.

n) monitor, co-ordinate and supervise the use of the Shared Use Areas to ensure

compliance with the provisions of the Shared Facilities Agreement and the Shared Use Schedule in effect from time to time:

o) except as otherwise provided in this Agreement, pay all costs and expenses relating

to the operation of the Facility on or before the due date, including, without limitation, utility charges, municipal taxes, contractors, salaries, insurance premiums as they become due (or earlier, if earlier payment is required in order to enjoy discounts or to avoid increased costs) provided that all such costs and expenses are included in the approved budget or have been approved by the Management Committee, in accordance with the purchasing practices and the Shared Facilities Agreement;

p) purchase goods and services in accordance with the authority granted to the

Property Manager under this Agreement.

q) (i)cause its Site Manager to meet with the Management Committee on a monthly basis (or at all Management Committee meetings, if such meetings are not scheduled on a monthly basis) and at such additional times as may be requested by the Management Committee, and with the Governance Committee as required, to discuss issues pertaining to the management of the Facility and (ii) cause its senior management team to meet at least two times per year with the Management Committee, and at such additional times as may be requested by the Management Committee, to discuss issues relating to the performance of this Agreement;

r) as and when authorized and directed by the City, shall generally perform any other

customary property management services with respect to the Facility as part of the Management Fee.

s) from time to time recommend to the Management Committee for its approval rules

governing the use and operation of common areas and outdoor facilities, including without limitation, security, access, health and safety matters and similar administrative process for the better or more efficient operation of the Facility, and use its reasonable efforts to cause the rules to be observed by the tenants of the Facility.

2. The Property Manager shall comply, and ensure, that all its Personnel comply, at all

times with all Applicable Law in the performance of the Services, including the obtaining of all necessary permits and licences, and shall submit proof of such compliance to the City, upon request, and the Property Manager shall indemnify and save the City harmless from any liability or cost suffered by it as a result of the Property Manager's failure to comply with this provision. If the Property Manager becomes aware of any noncompliance with Applicable Law, it will promptly notify the City in writing and advise in such notice of the actions taken to rectify any non-compliance. If, after examining the actions taken by the Property Manager, the City, in its sole discretion, determines that the actions of the Property Manager were insufficient, the Property Manager shall comply with any instructions received from the City to rectify any outstanding non-

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compliance.

3. The Property Manager, in providing the Services, shall and is deemed to be an independent contractor and not the agent or employee of the City.

4. It is acknowledged and agreed by the City and the Property Manager that the Services

are essential for the safety and security of the City, and that notwithstanding an Act of God or any public enemy, acts of terrorism, explosion, fire, storm, earthquake, hurricane, flood, drought, strikes, lockouts, labour disruptions, riots, sabotage, embargo, war, coercive actions of protestors or workers, evacuation, or any other circumstance beyond the reasonable control of the Property Manager, the Services shall still be provided, except as otherwise set out in this Agreement.

5. The Property Manager shall provide at all times an individual senior property manager

(the "Site Manager") who shall:

a. be subject to the prior written approval of the City; b. perform and be competent to perform the obligations of the Property Manager

hereunder; c. be assigned exclusively to the management of the Facility on a fulltime basis;

and d. personally attend to the performance and duties and obligations of the Property

Manager at the times set out in the RFP.

6. The Property Manager shall ensure that at least one representative of the Property Manager is available 24 hours a day, seven days a week, to the City, TDSB, TCDSB, Management Committee, tenants and contractors for emergencies, and to respond to calls by the security contractor.

7. The Property Manager is required to provide its supervisor with a paging system, and/or

cell phone with email and voicemail that is capable of receiving and recording messages from the City Representative twenty-four (24) hours a day, seven (7) days a week, including holidays, at no additional cost to the City. The Property Manager's supervisor must be available twenty-four (24) hours a day, seven (7) days a week and must be able to acknowledge the emergency call(s) within one (1) hour of being notified by phone or email. Once an emergency call is placed to the Property Manager, a representative of the Property Manager must be on site within three (3) hours of the service call being placed.

8. In performing its duties and obligations hereunder, the Property Manager shall act upon

all reasonable directions from time to time received from the Management Committee as to both specific matters and general policies. The Property Manager shall comply with any on-site policies and procedure documents.

9. The Property Manager shall be responsible for any damage to the Facility and its

contents caused by the Property Manager's Personnel, and the costs thereof may be withheld from the City's payment to the Property Manager.

10. (i) The Property Manager acknowledges that the City and the Boards are responsible for

issuing all Permits for the Facility and collecting all fees for such Permits in accordance with the Shared Facilities Agreement.

(ii) The Property Manager will implement and manage a system to support all internal

and external use of the Facility, in coordination with permit schedules provided by the

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City and the Boards, and advise of any potential conflicts. (iii)The Property Manager shall arrange for and supervise the custodial services in

making available all facilities required by all scheduled uses (internal and external) , including set up and tear down, and shall otherwise administer and supervise the use of the Facility by permittees, except for the collection of fees. The Property Manager shall report to the Management Committee regarding the number of permits issued by each Party. The City shall use reasonable efforts to ensure that the Property Manager has reasonable notice of all permits issued for use of the Facility.

11. The Property Manager may not use the Facility for any purpose other than the

performance of its duties and obligations hereunder. The Property Manager shall not affix, place, attach or secure any signs to the interior or the exterior of the Facility without the express authority of the Management Committee.

12. The Property Manager shall not bring chemicals or other hazardous materials onto the

Facility except as may be necessary in connection with the execution of its duties and obligations hereunder, all such chemicals and hazardous materials shall be transported, labelled, used, stored and disposed of strictly in accordance with Applicable Laws. Before bringing such chemicals and hazardous materials onto the Facility, and before any use, storage or further transportation thereof, the Property Manager shall give the Management Committee reasonable written notice of its intention to do so in a form and in such detail as may be required by the Management Committee from time to time.

13. Notwithstanding provisions of this Agreement which require the consent of the City, the

Management Committee or the Governance Committee, the Property Manager shall take such action and incur such expenses and liabilities, without the need of first obtaining the consent of the City, as may be necessary and appropriate in the reasonable opinion of the Property Manager to deal with emergencies arising from time to time. The Property Manager shall immediately inform the Management Committee of any such emergency and the action taken.

14. The City may, in its discretion and without invalidating this Agreement, make changes to

the nature of the Management Services or the scope thereof, by altering, adding, or deducting from the Management Services, provided that the Management Fee and Approved Budget shall be adjusted accordingly due to the increase or decrease in Management Services. The Property Manager shall keep and present, in such form as the Management Committee may require, an itemized accounting of all applicable and related costs and expenditures or savings in respect of any such changes, together with supporting data.

15. The Property Manager acknowledges and agrees that the following are NOT included as

part of the Services, and are not the Property Manager's responsibility: a. Issuing permits and collecting of permit fees, which shall be the responsibility of

the party issuing the permit; b. collecting of fees for use of the Parking garage, which shall be performed by a

third-party operator. The Property Manager's responsibilities relating to Parking are set out in the RFP;

c. maintenance of and repairs to the South Field, save as specifically provided for in the Services.

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6. SPENDING AUTHORITY AND THIRD-PARTY CONTRACTS 1. All contracts for the Services which are being provided by a third-party contractor(s),

shall be procured and negotiated by the Property Manager with persons or firms dealing at arm’s length with the Property Manager. The Property Manager shall be responsible for administering and coordinating each of these contracts, to the satisfaction of the Management Committee.

2. The Property Manager shall procure and enter into all contracts necessary to keep the Facility operating and in a state of good repair, and shall comply with the City's procurement policies and procedures with respect thereto. The Property Manager shall be required to report on all such contracts, and obtain approval where required by the Management Committee or the Governance Committee, in accordance with a process to be determined.

3. The Property Manager shall use best efforts to ensure fair and reasonable pricing for the repairs, and shall immediately inform the Management Committee of any such emergency and the action taken.

4. Contracts that require the approval of the Management Committee or the Governance

Committee may be rejected by them in their sole and absolute discretion.

5. The Property Manager shall be responsible for enforcing all contracts it enters into for the Facility, shall be liable for its failure to comply with the terms of such contracts, and shall indemnify and save the City harmless from any claims against the City as a result thereof. If the City is not satisfied with the services being provided under any contracts entered into by the Property Manager, the Property Manager shall ensure the contractor rectifies same, or shall terminate the contract, at the City's discretion.

6. No subcontracting of any part of the Services or this Agreement by the Property

Manager shall relieve the Property Manager of any responsibility for the full performance of all of its obligations under this Agreement. Notwithstanding the approval of any of its Personnel by the Management Committee, the Property Manager shall be fully responsible for every such Personnel’s activities, works, Services and acts or omissions. The Property Manager shall be liable to the City for all costs, losses or damages suffered by the City, arising from errors, acts, omissions, negligence or wilful misconduct, or non-compliance with this Agreement of or by the Property Manager’s Personnel or any of them. The Property Manager’s responsibility and liability as set out in this Agreement shall survive the termination or expiry of this Agreement.

7. BUDGETS

1. The Property Manager shall prepare and submit to the Governance Committee for its

approval in each year of the Term, by a date to be determined by the Governance Committee:

a. a proposed annual budget for operating costs and cash flow projections for capital funding pertaining to the next Fiscal Year;

b. a proposed cost allocation schedule; and c. a proposed annual budget for capital expenditures, if applicable.

2. The budget, when approved in writing by the Governance Committee, shall become the

Approved Budget.

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3. If there is no Approved Budget established by the beginning of any fiscal year, the

Approved Budget for the immediately preceding fiscal year shall be deemed to be the Approved Budget for such fiscal year until such time as there is an Approved Budget for such fiscal year.

4. The Property Manager shall prepare a five-year budget of annual operating costs and

capital investment for the Facility, in accordance with the terms of the RFP.

8. RECORDS AND FINANCIAL STATEMENTS 1. The Property Manager shall at all times maintain appropriate books of accounts,

financial records, operating receipts and expenditures and disbursement records with respect to all operations of the Facility in accordance with generally accepted accounting principles and shall be in acceptable form and content to the Management Committee. The City and any tenants of the Facility, shall have the right at all reasonable times and intervals to inspect such books and records and without limitation, the Property Manager shall make available such information and material as may be required for the purposes of an audit or other examination of the Property Manager’s records.

2. The Property Manager shall provide the City, Management Committee and Governance Committee with such other information, additional reports and financial statements relating to the Facility as they may require from time to time.

3. All budgets, information, reports and financial statements required to be provided to the

City, the Management Committee or the Governance Committee under this Agreement shall be satisfactory in form and content to them, as applicable.

9. FINANCIAL REQUIREMENTS AND REPORTING

1. The Property Manager shall be responsible for the following:

a) preparing a monthly financial report to the Management Committee, outlining the actual expenditures against planned expenditures, in a format acceptable to the Management Committee;

b) recommending an appropriate provisional amount annually for Necessary

Expenditures to be set aside as a contingency;

c) issuing purchase orders, and entering into contracts as required. The Property Manager shall pay invoices for purchase orders according to the terms of the contract and shall ensure that no late payment charges or interest are incurred. Any such charges and interest to be the sole responsibility of the Property Manager;

d) recording utility consumption using the Facility's meters, and providing monthly

consumption reports to the Management Committee;

e) providing monthly operating cost invoices to the City, the TDSB, and the TCDSB, or other invoice separation as directed by the Management Committee for each of their shares of operating costs.

f) maintaining a separate record of all operating costs for each of the tenants of the

Facility, including the Child Care Centre, Community Space, TDSB and the TCDSB;

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g) ensuring that the Facility operates at or below the budget approved by the

Governance Committee, and identifying cost pressures early through monthly variance reporting.

h) providing written property management/operational services reports, and reports on

relevant issues as the Management Committee may request from time to time;

i) from time to time as required, in the Property Manager's opinion, proposing to the appropriate committee amendments to any of the budgets and schedules approved by the committees.

j) coordinate inspections for building condition assessments as required and arranged

for by the City. The City will provide the data from such assessments to the Property Manager and the Property Manager shall create a work plan and coordination of a 10 year rolling capital plan for the Facility.

k) notifying the Management Committee as soon as possible that a necessary

expenditure has been identified and provide details as to why the necessary expenditure is required, including identifying any potential cost-effective options.

2. Bookkeeping will be performed on the Property Manager’s own computer equipment and

accounting software. Any software of the Property Manager must be able to produce all records in machine-readable form or digital for acceptable to the City to transfer to other programs at the termination of the Agreement if requested by the Governance Committee.

3. The Property Manager shall have no authority to make any expenditure or incur any

liabilities relating to the Facility, whether for operating costs, capital expenditures or otherwise, except as expressly authorized by this Agreement and if so authorized, only to the extent such expenditures and liabilities are included in an Approved Budget, or have otherwise been approved by the Management Committee in accordance with approved purchasing practices;

4. The Property Manager shall collect from the City and the Boards from time to time, their

respective share of operating costs and administer the amounts collected in accordance with the provisions of this Agreement. The Property Manager shall track each party's share of floor space used for each year, and reconcile each party's share of operating costs as a result thereof. In connection with this function, the Property Manager shall:

a) invoice and use its best efforts to collect from each of the City, the TDSB and the

TDSB, as appropriate, all amounts payable by such party in connection with the Facility in accordance with the budgets, cost allocation schedule and payment schedule for each Fiscal Year to be prepared by the Property Manager and approved by the Management Committee;

b) if requested by the Management Committee, invoice and use its best efforts to

collect all amounts due from any other tenants;

c) record and use its best efforts to collect all other accounts receivable relating to the Facility, excluding accounts receivable from the issuance of permits which shall be the responsibility of the party issuing the permits;

d) process, record and pay all accounts payable, the cost of which is provided in the

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Approved Budget; and

e) otherwise record all accounts with an appropriate accounting system;

5. As soon as reasonably practical after the end of each month in each Fiscal Year, prepare and provide to the Management Committee the following written reports for the Facility: a) a statement of receipts, expenditures and outstanding contributions to operating

costs and other approved expenditures; b) a general operating report including, but not limited to, building operations and

maintenance and an explanation of budget variances; and c) a comparison statement clearly showing on a monthly basis the Approved Budget

items in comparison with the actual amounts thereof as well as the year-to-date totals thereof.

10. AUDIT

1. The Property Manager shall retain the services of an auditor to prepare an annual audit

of all invoices, accounts, vouchers, timesheets, books, documents, papers, financial records or other records or materials (collectively the "Records") associated with the Services and the terms of this Agreement, and provide the audit to the Management Committee not more than 60 days after the end of each Fiscal Year, commencing on March 1, 2020. The Property Manager shall prepare all the required schedules and co-operate fully with the auditor, so that the year-end audits may be completed in a timely and cost-effective manner.

2. (a) The City, the TDSB or the TCDSB (or the Management Committee or Governance Committee on their behalf), may audit or examine and copy any Records that support actions taken by the Property Manager and associated with the terms of this Agreement including, without limitation, timesheets, reimbursable out of pocket expenses, materials, goods, and equipment claimed by the Property Manager, at any time during the Term of this Agreement and any renewal thereof, and for a period of seven (7) years following the expiry or other termination of this Agreement.

(b) The Property Manager shall at all times during the term of this Agreement, and for a period of seven (7) years after expiry or termination of this Agreement or any renewal thereof, keep and maintain Records of the Services performed pursuant to this Agreement, at a location within the Greater Toronto Area.

(c) The Property Manager shall at its own expense make such records available for inspection and audit by the parties noted above at all reasonable times. Such examination or audit shall take place during ordinary business hours at a place to be agreed upon by the parties, acting reasonably. The Property Manager shall cooperate with the auditor(s) in respect of any such audit.

11. BANKING

1. Subject to obtaining the prior written approval of the Management Committee, the

Property Manager shall handle all banking matters necessary for the performance of the accounting and administrative functions of the Facility under this Agreement, and for the receipt and disbursement of all moneys of the City and the Boards pertaining to the duties and obligations of the Property Manager under this Agreement.

2. (i) All revenues received by the Property Manager with respect to the Facility, shall

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be deposited into a separate interest bearing account established for the Facility (the “Facility Account”). The Property Manager shall deposit in the Facility Account all cash, cheques, and other negotiable instruments in accordance with sound management practice so that the City is adequately protected and receives reasonable interest on the funds.

(ii) All funds deposited to the Facility Account shall be held in trust for the City until disbursed as provided for in this Agreement, or as directed by the City. The Property Manager shall pay all costs, expenses and distributions of the Facility from the Facility Account, which shall be kept separate and shall not be commingled with the account(s) for any other property managed by the Manager.

12. CONFIDENTIALITY AND MFIPPA

1. Any publicity or publications related to this Agreement shall be at the sole discretion of

the City. The General Manager may, in its sole discretion, acknowledge the Services provided by the Property Manager in any such publicity or publication. The Property Manager shall not make use of its association with the General Manager without the prior written consent of the City. Without limiting the generality of this paragraph, the Property Manager shall not, among other things, at any time directly or indirectly communicate with the media in relation to the Agreement unless it has first obtained the express written authorization to do so by the General Manager.

2. During and following the Term, the Property Manager shall: (a) keep all the Confidential Information confidential and secure; (b) limit the disclosure of the Confidential Information to only those of its directors, officers, employees, agents, partners, affiliates, volunteers or subcontractors who have a need to know it for the purpose of providing the Services and who have been specifically authorized to have such disclosure; (c) not directly or indirectly disclose, destroy, exploit or use any Confidential Information (except for the purpose of providing the Services, or except if required by order of a court or tribunal), without first obtaining: (i) the written consent of the City and (ii) in respect of any Confidential Information about any third-party, the written consent of such third-party; (d) provide the Confidential Information to the City on demand; and (e) return all the Confidential Information to the City before the end of the Term, with no copy or portion kept by the Property Manager.

3. The Property Manager shall not:

a) disclose or retain longer than necessary any Personal Information to which it has access as a result of this Agreement; or

b) permit its employees or any person acting on its behalf to have access to any

Personal Information unless such employee or person acting on its behalf agrees to comply with the restrictions that apply to the Property Manager and such access is necessary to perform the employee’s or other person’s duties.

The Property Manager shall notify the City immediately if the Property Manager becomes aware:

c) that any Personnel of the Property Manager has accessed, used, disclosed or

disposed of Personal Information and as directed by the Property Manager;

d) if any Personal Information is stolen, lost or accessed by unauthorized persons;

e) of any potential or actual breach of any of the terms or conditions of this privacy and

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confidentiality Article;

f) of any and all requests, of any kind, for Personal Information and every requirement of any kind that might compel the Property Manager to disclose or produce Personal Information, including any and all requests and requirements related to a warrant or a court order under the laws of any foreign jurisdiction; or

g) of any risk that raises the likelihood that any access, use, disclosure or disposal

referred to in this Article may occur.

4. The Property Manager shall provide the City with notice of the name and contact information of the individual to whom the City should report any privacy or security matters that, in the opinion of the City, require escalation.

5. The Property Manager shall deliver to the General Manager, upon completion of the

Services, any computer data or program used by the Property Manager in performing the Services and paid for by the City, subject to any third party proprietary rights with respect to any computer data or program used by the Property Manager but which was developed by a third party with resources unrelated to this Agreement which may be purchased or licensed directly by the City, at the City’s option.

6. Any reports or other documentation delivered to the City by the Property Manager shall

become the property of the City and may be subject to disclosure under the terms of the MFIPPA. While the City is not responsible for the interpretation of any of the provisions of MFIPPA, if the Property Manager believes that any part of the reports or other documentation delivered to the City reveals any trade secret, intellectual property right or any scientific, technical, commercial, financial or other similar information belonging to the Property Manager and the Property Manager wishes the City to attempt to preserve the confidentiality of the trade secret, intellectual property right or information, the trade secret, intellectual property right or information must be clearly and specifically designated as confidential.

7. The Property Manager acknowledges that the City is bound by the provisions of

MFIPPA, and that the Property Manager, in providing services pursuant to the Agreement, agrees to strictly abide by the instructions of the City regarding compliance with the City's obligations under MFIPPA and participate in City Access and Privacy training as maybe required, the Property Manager shall immediately notify the General Manager in the event of any breach of confidentiality or security of the information collected by the Property Manager. The Property Manager acknowledges and agrees to comply with the City’s information management and protection policies in connection with the Property Manager’s actions in relation to the Agreement or the performance thereof.

13. INTELLECTUAL PROPERTY

1. Any item, including tangible and intangible property, created, prepared or purchased by

the Property Manager or any person on its behalf in connection with the Services or this Agreement and charged to the City’s account, including all original written materials, programs, card decks, tapes, disks, listings, books, reports, drawings, maps plans, and all other documents, items, materials and information,

a. is and shall be deemed and shall remain the sole and absolute property of the City, including all copyright therein and rights of use and reproduction, without the payment of any additional compensation by the City to the Property Manager; and

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b. shall be delivered to the General Manager upon completion of the Services or other termination of this Agreement, whichever occurs first, or as otherwise directed by the General Manager.

2. All proprietary rights in, connected with or arising out of, the ideas, concepts, know-how,

techniques, computer data or programming developed by the Property Manager or the Property Manager’s Personnel, or by the Property Manager or the Property Manager’s Personnel and the City and its personnel jointly, during the course of this Agreement relating to the Services provided under this Agreement shall be the sole and absolute property of the City and shall be treated as trade secrets to which the City alone is entitled, with the concomitant duty of confidentiality and non-disclosure. The Property Manager shall obtain all necessary assignments of copyright and waivers of moral rights in all Services and related goods to be delivered to the City in accordance with this Agreement and shall provide satisfactory proof thereof to the General Manager upon request.

3. The Property Manager acknowledges that any item, document or other matter which is

the property of the City, or in which the City has proprietary rights, pursuant to subsections (1) and (2) of this section and the information contained therein are the property of the City having been developed in confidence for the City for its own and sole use.

4. The Property Manager shall not use any insignia or logo of the City except where

required to provide the Services, and only if it has received the prior written permission of the City to do so.

The obligations contained in this Article shall survive the termination or expiry of the Agreement. 14. CONFLICT OF INTEREST

The Property Manager 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 Property Manager where: (a) the Property Manager fails to disclose an actual or potential Conflict of Interest; (b) the Property Manager fails to comply with any requirements prescribed by the City to resolve a Conflict of Interest; or (c) the Property Manager's Conflict of Interest cannot be resolved. This paragraph shall survive any termination or expiry of this Agreement.

15. DEFAULT AND TERMINATION

1. The following shall constitute, without limitation, Acts or Events of Default (“Default”) by the Property Manager: a) where the Property Manager fails or neglects to commence the Services within ten

(10) Working Days of a formal direction by the General Manager to commence;

b) where the Property Manager fails or neglects to proceed, once commenced, with the provision of Services diligently or where the City reasonably determines that the Property Manager has abandoned its duties with respect to this Agreement;

c) where the Property Manager has made any material misrepresentation in respect to

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this Agreement or any part thereof;

d) where the Property Manager fails to comply with and maintain in good standing any insurance policies and coverages, securities, professional certificates, permits, licences or approvals required by Applicable Law or this Agreement, or commits any acts or omissions that, in the opinion of the General Manager, jeopardize or may jeopardize these policies, securities, certificates, permits, licences or approvals;

e) where the Property Manager fails or refuses to correct, rectify or remedy any

unsatisfactory or defective Services, when so ordered by the City in writing, or fails to perform the Services with the required skill and diligence;

f) where the Property Manager fails to comply with any Applicable Law;

g) where the Property Manager subcontracts the whole or any part of this Agreement or

the Services or makes an assignment of this Agreement or the Services thereunder or any part thereof, without the prior written consent of the Management Committee, the Governance Committee or the City, as appropriate, except as authorized under this Agreement;

h) where a lien arises with respect to the Services undertaken by the Property Manager

under the Agreement, unless vacated or discharged and released by payment into a court of competent jurisdiction or otherwise, within Ten (10) business days of a Default Notice (as defined below);

i) if the Property Manager shall make any assignment for the benefit of creditors; or if

the Property Manager shall be adjudged bankrupt or insolvent, commit any act of bankruptcy or insolvency or make any proposal under or take advantage of any of the provisions of any act or statutes whatsoever that may be in force regarding bankrupt or insolvent debtors or debtors who are not able to or do not pay their debts promptly and in full; or if a receiving order or winding up order shall be made against or in respect of the Property Manager; and

j) where the Property Manager fails to comply with or observe or perform, or breaches

or violates, any provision, term, covenant, warranty, condition and/or obligation of this Agreement.

2. If a Default has occurred, the General Manager may provide written notice (“Default

Notice”) to the Property Manager requiring the Property Manager to completely remedy the Default to the satisfaction of the General Manager within Ten (10) business days of delivery of the Default Notice, or, if the Default cannot reasonably be remedied in ten days, to work diligently towards curing the Default. If the Property Manager does not comply with the Default Notice, the General Manager may, in his or her sole discretion, and without limitation to any other rights or remedies available to the City under this Agreement or at law:

a) suspend the performance of the Agreement by the Property Manager and either

perform the Services on a temporary basis itself or engage another service provider to perform the Services on a temporary basis;

b) immediately terminate the Agreement and/or the Services of the Property Manager in

whole or in part by giving notice to that effect to the Property Manager;

c) cease all payments to the Property Manager, except for the payment of those

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Services, if any, that have been provided by the Property Manager to the satisfaction of the General Manager up to the time of such termination and that have not yet been paid by the City (the Property Manager shall have no claim of any kind otherwise against the City), subject to any rights or remedies the City may have against the Property Manager;

d) withhold further payments to the Property Manager with respect to the Services or the portion of the Services withdrawn from the Property Manager until the Services or portion thereof withdrawn are completed to the satisfaction of the General Manager;

e) draw against any performance security provided by the Property Manager, which

shall not preclude the City from recovering any further amounts or damages incurred by the City as a result of the Default by the Property Manager;

f) take possession of and utilize any items, goods, material and equipment of the

Property Manager devoted to that part of the Services terminated, within the Facility, which is intended to be utilized in the Services, subject to the secured rights of third parties;

g) engage another service provider to provide the Services or may itself provide the

Services, without further liability to the Property Manager, and

h) charge the Property Manager for any costs and damages the City may have sustained as a result of the Default, including those to correct and Services already provided by the Property Manager, or any combination of the above.

3. Within ten (10) days following the termination or expiry of this Agreement, the Property

Manager shall:

a) pay over to the City all moneys collected and held for it pursuant to this Agreement and any interest earned thereon including, without limitation, all moneys received by the Property Manager or its Personnel subsequent to the date of termination or expiry, including any interest earned thereon;

b) deliver to the City and the Boards a full accounting and status report, including a

statement showing all payments collected and a statement of all moneys held during the period following the date of the last accounting furnished to the City, and turn over to the City all records and books of account relating to the Facility;

c) deliver to and, where applicable, transfer into the name of the City or as the City may in writing direct, all property, keys, records and documents, all files and including all correspondence then in the possession, control or custody or the Property Manager with respect to the Facility including, without limitation, all contracts or agreements for supply or services or materials to the Facility, other applicable contracts, and all books of account and accounting materials, vouchers, invoices and the like existing or maintained in accordance with the provisions of this Agreement;

d) if requested by the City at its sole discretion, assign to the City (or as the City may in

writing direct) such contracts (if any) with arm's length third parties as may have been entered into by the Property Manager, to the extent authorized under this Agreement, for the benefit of the Facility, the City agreeing to assume all obligations of the Property Manager arising after the termination or expiry of this Agreement in respect of such contracts except for claims arising by way of any breach by the Property Manager or its Personnel (the "Property Manager's Group"):

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ii. of any of the provisions of this Agreement; or iii. by reason of an action taken by the Property Manager or anyone of the

Property Manager's Group outside the scope of its authority hereunder; or iv. by reason of a wrongful or negligent act or omission of any nature

whatsoever (whether or not such wrongful or negligent act or omission constitutes negligence, a breach of contract, a tort, or a criminal offence) of the Property Manager or of anyone of the Property Manager's Group;

e) deliver to the City any materials and supplies for which the Property Manager has

been paid by the City and which were purchased in accordance with the provisions of this Agreement;

(f) deliver to the Property Manager all plans, permits, licences, warranties and

guarantees and other applicable materials relating to the Facility;

(g) execute such documentation as may be required by the City to give effect to the termination of this Agreement;

(h) comply with any other instructions provided by the City, including, but not limited to, instructions for facilitating the transfer of any of its obligations to another Person

(i) co-operate fully with the new Property Manager retained to replace the Property Manager, to ensure a smooth and complete transition.

4. Except as otherwise required, the Property Manager shall not be entitled to any

additional fee for its services on this final accounting.

5. On termination of this Agreement, the City and the Boards shall only be responsible for the payment of the Services provided up to and including the effective date of any termination. Termination shall not relieve the Property Manager of its warranties and other responsibilities relating to the Services performed or money paid. In addition to its other rights of hold back or set off, the City and the Boards may hold back payment or set off against any payments owed if the Property Manager fails to comply with its obligations on termination.

6. In addition to the rights set out in this section, the General Manager may, at his or her

sole option and upon providing not less than ten (10) Working Days’ prior written notice to the Property Manager, elect to suspend the Services or any part thereof, for the entire Facility or any part thereof, for up to ninety (90) calendar days for any reason whatsoever. In such an event, the Property Manager shall have no claim, including for any loss or damages, against the City except for payment for such of the Services as have been satisfactorily performed by the Property Manager to the satisfaction of the General Manager to the date of notice of the suspension or discontinuance of Services, subject to any rights or remedies the City may have against the Property Manager. The Property Manager shall immediately suspend or discontinue the Services, as the case may be, on the date and to the extent specified in the notice and place no further orders for materials or services for the terminated portion of the Services. In the event of a discontinuance of Services, termination shall become effective on such date as shall be stated in the City's notice.

7. The express rights of termination in this Agreement are cumulative and not exclusive,

may be exercised at any time and from time to time independently or in combination, are in addition to and shall in no way limit any rights or remedies of the City under this

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Agreement, at law or in equity.

8. The Property Manager will be held legally responsible for any deterioration of Facility conditions through neglect, deliberate action or mismanagement during the term of this Agreement. The Property Manager shall be responsible for any outstanding invoices after the termination of this Agreement, unless the invoices have been properly accrued within the limits of the Approved Budget and the City is satisfied that the Services contracted for were completed properly and/or materials delivered in full.

9. The City may terminate this Agreement without cause at any time without cause, by

giving the Property Manager at least thirty (30) days prior notice in writing. 16. NON-WAIVER

No condoning, excusing or overlooking by the City or any of its representatives of any Default by the Property Manager at any time or times in respect of any provision contained in this Agreement shall operate as a waiver of the City's rights under this Agreement in respect of any continuing or subsequent Default or so as to defeat or affect in any way the rights of the City under this Agreement in respect of any such continuing or subsequent Default. No waiver shall be inferred from or implied by anything done or omitted by the City or any of its representatives and no waiver of any rights of the City shall be effective unless expressly provided in writing by an authorized representative of the City.

17. SET-OFF In addition to any other remedies the City may have under this Agreement, the City shall have the right to set-off, withhold, retain or deduct from amounts due or owing by the City to the Property Manager under this Agreement, an amount sufficient to cover any monetary claims or other amount due or owing from time to time, or portions thereof, by the Property Manager to the City, including any amount owing to the City pursuant to the Property Manager’s indemnification of the City under this Agreement. This shall include claims pursuant to this or any other contract or cause of action between the Property Manager and the City which have not been settled between the City and the Property Manager.

18. LIQUIDATED DAMAGES If the Property Manager at any time fails to supply all Services to the City as specified in this Agreement, or fails to replace or rectify Services rejected by the City, then the City shall be permitted to procure such Services elsewhere and charge any additional costs incurred by the City to the Property Manager as liquidated damages, unless otherwise specified, and deduct such amounts from payments due to the Property Manager or to otherwise collect such costs from the Property Manager by any other method permitted by law.

19. INSURANCE

1. The Property Manager shall not be an insured under the policies with respect to the

City’s Insurance, nor shall it be deemed to have any insurable interest in the property covered by such policies, or any other right or interest in such polices or the proceeds.

2. The Property Manager further agrees to verify, whenever requested by the City and provide the City with evidence of insurance to indicate that any contractors and/or their subcontractors performing services are maintaining insurance to cover their contents, supplies and equipment in the Facility and Commercial General Liability insurance with a

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limit of at least $5,000,000.00 per occurrence.

3. Furthermore, the Commercial General Liability of all contractors and/or their subcontractors are to include the City and the Property Manager as additional insureds, and must contain tenant's legal liability; non-owned automobile liability; broad form contractual liability, contingent employer's liability; a cross liability and severability of insurance clause; and a waiver of subrogation clause on all applicable policies of insurance, in favour of the Property Manager and the City.

Property Manager Insurance

4. The Property Manager 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:

a. all risks property insurance in an amount equal to one hundred (100%) percent of

the full replacement cost, insuring: i. all property owned by Property Manager or for which Property Manager is

legally liable in accordance with this agreement and/or installed by or on behalf of Property Manager, or located in the Facility including, without limitation, leasehold improvements, chattels, furniture, artefacts and works of art, stock, office equipment and other equipment, fixtures, contents. The policy will include a Waiver of Subrogation in favour of the City; and;

ii. extra expense insurance in such amounts as will reimburse the Property Manager for extra expenses incurred arising out of prevention of access to the Facility.

b. commercial general liability insurance including personal injury, tenants legal

liability, non-owned automobile, contingent/employer's liability, blanket contractual liability and provisions for cross liability and severability of interests with limits of not less than Ten Million Dollars ($10,000,000.00) per occurrence; If serving alcohol on the Facility, liquor liability insurance in amount of no less than $2,000,000 per occurrence; The City is to be added as an additional insured;

c. crime insurance against the loss of money and other valuable instruments, which

includes employee dishonesty, theft of customers property, disappearance, destruction, forgery or alteration;

d. Property Manager’s errors and omissions insurance for an amount not less than

Two Million Dollars ($2,000,000.00) or higher as may be requested from time to time by the City. 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 of expiry of this Agreement, as the case may be;

e. automobile liability insurance for all licensed, motorized vehicles that are owned

by the Property Manager with limits of not less than one million dollars ($1,000,000.00); and

f. any such other forms of insurance as the City, acting reasonably, may require

from time to time.

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Insurance Terms and Conditions

5. Approval of Insurers

All policies of insurance required to be taken out by Property Manager shall be placed with insurers licensed in the Province of Ontario which are in a form to be approved by the City, acting reasonably.

6. Notice of Material Change or Cancellation

Each policy shall contain an endorsement requiring the insurers to notify the City in writing, by registered mail, at least thirty (30) days prior to any material change that restricts or reduces the insurance required under this clause, or cancellation thereof.

7. Breach of Conditions

Each policy will contain a waiver in favour of the City of any breach of a policy condition or warranty such that the insurance policy in question will not be invalidated in respect of the interest of the City by reason of a breach of any condition or warranty contained in such policies.

8. Deductibles

It is also agreed that the insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the Property Manager. The amount of deductible shall not be more than $10,000.00.

9. Primary Coverage

The insurance policies required pursuant to this clause shall be primary and shall not call into contribution any insurance available to the City.

10. Limits of Insurance

The City, acting reasonably, may require the limits of the insurance policies provided by Property Manager to be increased from time to time.

Increase in Insurance Premiums and Cancellation of Insurance

11. Property Manager agrees that it, its employees, agents, occupants and invitees will not

keep in or upon the Facility any article or substance which may be prohibited by the insurance policies mentioned above, or do or omit, or permit to be done or omitted anything which will cause any increase in the insurance premiums or the cancellation of any insurance policy. If any insurance policy should be cancelled or the coverage reduced or a threat of cancellation or reduction of coverage made by reason of anything arising out of the use or occupation of the Facility by Property Manager, whether or not the first sentence of this section has been complied with, and if Property Manager fails to remedy the condition giving rise to such cancellation, reduction or threat, upon ten (10) days' notice thereof by the City, the City may enter the Facility and remedy the condition at the sole cost and expense of Property Manager.

Evidence of Insurance

12. Upon execution of this agreement, Property Manager shall deliver to the City evidence of

the insurance required hereby in the form of Certificates of Insurance, in form and detail satisfactory to the City, acting reasonably, signed by an authorized representative of the insurer. The Property Manager will make available the complete original certified copies of all applicable policies delivery to the City if required. Certificates of insurance evidencing renewal or replacement of policies shall be delivered to the City fifteen (15)

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days prior to the expiration of then current policies, without demand having to be made therefore by the City.

Fire Protection Systems

13. Property Manager shall ensure that the Facility is equipped with up-to-date fire

protection systems in compliance with the Ontario Building Code and Ontario Fire Code, as same may be amended from time to time, and all other laws, by-laws, rules and regulations governing same. Property Manager shall permit the City to inspect Property Manager's records relating to fire safety and compliance with the Ontario Building Code and Ontario Fire Code at any time upon forty-eight (48) hours advance notice.

20. INDEMNITIES

1. The Property Manager shall indemnify and save harmless the Indemnitees from and against any and all claims resulting from:

a. any breach, violation or non-performance by or on behalf of the Property Manager of any covenant, obligation or agreement of the Property Manager contained in this Agreement, including any express or implied warranty;

b. any negligent acts, errors or omissions or wilful misconduct by or on behalf of the Property Manager relating to the Services to be provided under this Agreement;

c. any acts performed by or on behalf of the Property Manager beyond the authority of the Property Manager hereby conferred, whether negligent or otherwise;

d. any inaccuracy in or breach of any of the representations or warranties of the Property Manager contained in this Agreement;

e. any infringement or alleged infringement of any patent, trade secret, service mark, trade name, copyright, official mark, moral right, trademark, industrial design or other proprietary rights conferred by contract, common law, statute or otherwise in respect to the Services or any matter provided to the City or performed by the Property Manager, or anyone else for whom at law it is responsible.

2. The Property Manager shall pay all reasonable costs, expenses and legal fees that may

be incurred or paid by the Indemnitees in connection with any Claim with respect to a matter for which the Property Manager is obligated to indemnify the Indemnitees pursuant to this section, provided that the indemnity obligations of the Property Manager under this section shall not extend to loss or damage attributable to the negligence or wilful misconduct of any Indemnitee to the extent that such Indemnitee’s negligence or wilful misconduct caused the loss or damage.

3. In the event any Claim is asserted in respect to which an Indemnitee is entitled to

indemnification under this section, and without prejudice to any other right or remedy the City may have, the City shall be entitled to deduct or withhold a reasonable sum on account of such Claim, including reasonable legal costs, from monies owed or payable by the City to the Property Manager under this Agreement pending the final determination or settlement of any such Claim. In the event (i) the Property Manager is, becomes, or is deemed to be bankrupt or an insolvent person pursuant to the Bankruptcy and Insolvency Act (Canada); (ii) the Property Manager makes a general assignment for the benefit of creditors; or (iii) a receiver or interim receiver is appointed with respect to some or all of the Property Manager’s business, assets, or property, then the City shall be entitled, without prejudice to any other right or remedy the City may have, to further deduct or withhold a reasonable sum on account of such Claim, including reasonable legal costs, from any monies owed or payable by the City to the Property Manager. The provisions of this subsection shall not apply in the event that

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such Claim is otherwise fully provided for under any insurance provided by the Property Manager to or for the benefit of the City.

4. This section shall survive the expiration or earlier termination of this Agreement.

21. OCCUPATIONAL HEALTH AND SAFETY

1. The Property Manager 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"), including, without restricting the generality of the foregoing, any obligations of the Property Manager as an “employer” under Sections 25 and 26 thereof.

2. 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 Property Manager for the Services either instead of or jointly with the Property Manager.

3. The Property Manager agrees that it will ensure that all subcontractors engaged by it are

qualified to perform the Services and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the Services.

4. The Property Manager acknowledges and represents that:

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

b. The Property Manager has provided, and will provide during the course of the agreement, all necessary personal protective equipment for the protection of workers;

c. The Property Manager’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;

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

e. The Property Manager 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.

5. The Property Manager shall provide, at the request of the General Manager, the

following as proof of the representations made in paragraph d(i) and d(iv): a. documentation regarding the training programs provided or to be provided during

the Services (i.e. types of training, frequency of training and re-training); and b. the occupational health and safety policy.

6. The Property Manager shall immediately advise the General Manager in the event of

any of the following: a. A critical injury that arises out of the Services that are the subject of this

Agreement; b. An order(s) is issued to the Property Manager by the Ministry of Labour arising

out of the Services that are the subject of this agreement; c. A charge is laid or a conviction is entered arising out of the Services that are 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

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amended.

7. The Property Manager shall be responsible for any delay in the progress of the Services as a result of any violation or alleged violation of any federal, provincial or municipal health and safety requirement by the Property Manager, 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 Services or entitling the Property Manager to additional compensation, and the Property Manager shall take all necessary steps to avoid delay in the final completion of the Services without additional cost to the City.

8. 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 Property Manager do work or perform a task that is the subject of this agreement.

Workplace Safety and Insurance Act

9. The Property Manager shall secure, maintain and pay all costs for Workplace Safety and

Insurance Board ("WSIB") workers’ compensation coverage for its employees providing Services under this agreement, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997.

10. The Property Manager 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 Property Manager shall produce a Clearance Certificate issued by the WSIB confirming that the Property Manager 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 Property Manager and provided to the City every 90 days or upon expiry of the Certificate's validity period whichever comes first.

11. The Property Manager 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.

Accessibility Standards and Customer Service Training Requirements

12. The Property Manager must ensure that all deliverables conform to the requirements of

the Accessibility for Ontarians with Disabilities Act, 2005.

13. The Property Manager 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: 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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FORM 2 NOTICE OF “NO SUBMISSION”

RFP # : 9119-19-7055

CLOSING: February 27, 2019 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 Fax: 416-392-7177 or by email: Ansel.Salim@toronto.ca

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APPENDIX D - REFERENCE FORM

As per Section 5.3.1.5 Experience and Qualifications of the Proponent, proponents are requested to provide three (3) projects which demonstrate experience in delivery of services described in this RFP. References provided must be in the same or similar format as presented below and must contain the following information at a minimum.

The City of Toronto reserves the right to contact the references to verify the information provided in submissions. Differences between information provided by references and that on this form may result in disqualification unless a reasonable explanation is provided with supporting documentation.

REFERENCE No.1 Company Name:

Company Address:

Contact Name:

Contact Telephone Number:

Email Address:

Date Work Undertaken:

Nature of Assignment:

REFERENCE No.2 Company Name:

Company Address:

Contact Name:

Contact Telephone Number:

Email Address:

Date Work Undertaken:

Nature of Assignment:

REFERENCE No. 3 Company Name:

Company Address:

Contact Name:

Contact Telephone Number:

Email Address:

Date Work Undertaken:

Nature of Assignment:

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APPENDIX E - PROPOSAL EVALUATION TABLE MANDATORY SUBMISSION REQUIREMENTS (See MANDATORY SUBMISSION CHECKLIST, APPENDIX G)

FORM 1 APPENDIX C PERFORMANCE BOND, 50% of proposed Total cost of

services CERTIFIED CHEQUE $5,000.00 COST OF SERVICES ENVELOPE (SEALED)

PASS/FAIL

CRITERIA MAXIMUM

POINTS AVAILABLE

STAGE 1: TECHNICAL PROPOSAL CONTENT 60

Letter of Introduction (Section 5.3.1.1)

2

Executive Summary (Subsection 5.3.1.3)

Summary of Key Features of Proposal General Statement provided for each of the subsections

identified in Section 3.0 Property Management Services

3

Proponent Profile (subsection 5.3.1.4)

A profile and summary of corporate history including: o Date company started; o Total number of employees; o Major clients; and o Business partners and the products/services they offer;

and Corporate structure and governance A letter from its financial institution or auditor

5

Experience and Qualifications of the Proponent (Subsection 5.3.1.5)

Example of One (1) project in which the Proponent successfully provided similar scale Property Management Services in a Government / Institutional environment with a minimum annual contract value of $250,000 for the project provided (within the last five (5) years) indicating for each:

o Name of company/client o Nature of the company/client's business o Approximate building(s) size o Total contract value o Duration of the contract term

Example of 2 (Two) other projects that demonstrate its

experience in delivering the services described in this RFP.

Two (2) reference letters:

15

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Certified Facilities Manager (CFM) certifications for Personnel

designated for the project & Provided Provide copies of current membership(s) that indicates a length of membership in any of the following organizations

Computerized Maintenance Management System (CMMS) proposed for this work and the number of years and similar projects where this system has been used.

Accounts Payable System (AP), its benefits and application to this project.

Annual value of all Property Management work undertaken for each of the past five (5) years.

List other association memberships or other qualifications for the company and individual staff.

Proposed Staff Team and Resources (Subsection 5.3.1.6)

Listing of key Personnel, professional qualifications, related project experience. This would include the Property Manager(s) and Assistant Property Manager(s).

Confirmation that the proposed on-site Property Manager has a

minimum of five (5) years' experience directly responsible for similar scale projects.

Resumes for key Personnel are to be included as an Appendix

to the Proposal.

15

Proposed Workplan (Subsection 5.3.1.7)

Brief description outlining how the Proponent will achieve the objectives described in this RFP

Proponent’s experience with and approach to communicating

with multiple representatives Recommended successful strategies for resolving conflicts

where the implementation of the work could conflict with the programming.

Health and safety practices. Proponent’s Health and Safety Policy. A staffing Plan indicating how the Proponent will assign its own

full time Personnel, part time Personnel and back up Personnel. Identify the staffing levels for the spring, summer, fall and winter and the rationale for adjusting the staffing levels.

20

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How the proponent will address Section 2.3.1 Supplier Diversity.

Work performed by the Proponent’s employees and work performed by contractors.

For emergencies after operating hours describe how the

Proponent’s call-centre will function and if this call-centre is a Vendor call-centre or an outsourced call-centre.

Proposed contingency plan in the event of a Labour Dispute,

Strike/Lockout, Pandemic and/or Emergency that results in service disruption, the Proponent should outline its proposed contingency plan.

An example of the Proponent’s scheduling software and the

process for organizing the work tasks; establishing milestones, reporting progress and addressing variances.

Evidence that the Proponent has experience with managing

contracts using "green" or environmentally preferred cleaning products and equipment similar or comparable to the products that will be used for the Facility.

Statement confirming the Proponent’s Personnel will have

current Vulnerable Person Checks. Details of the following Vendor staff training programs: o Health and Safety training. o Work Place Hazardous Materials Information System –WHMIS. o Violence in the Workplace training. o Accessibility for Ontarians with Disabilities Act (AODA)

Customer Service Training. A copy of Personnel training records within the last two (2)

years confirming that the Proponent provides current and regular training and re-training of its Personnel.

Note: Proponents must score a minimum of 70% (or 42 of 60 points) in order to advance to Stage 2 and for the Proponent to be invited to an Interview.

STAGE 2: INTERVIEW Proponents must score a minimum of 70% (or 7 of 10 points) on the interview in order to advance to Stage 3 and for the Cost of Services envelope to be opened and evaluated.

10

STAGE 3: COST OF SERVICES Note: FORMULA: [Lowest Cost Proposal/Proponents Cost) x 30

30

TOTAL MAXIMUM SCORE 100

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APPENDIX F - COST OF SERVICES

All Services, including additional work that may be required will be paid in accordance with the following rates, and approved by the Management Committee. Prices submitted will be firm for the duration of the RFP process and the term of any resulting Agreement. The Management Fees to be paid to the Property Manager shall include all those fixed costs set out in the RFP. Not included in the Management Fee are the contracts for custodial services, utilities, landscaping and supplies etc. The following Price Schedules must be submitted in the same or similar format as proceeding and must contain the following information at a minimum. Fees provided in "Schedule F.2 Property Management Fee - Child Care Centre Only", and "Schedule F.3 Property Management Fee - Community Space Only" MUST be consistent with Schedule F.1 - Property Management Fee - Full Facility. A breakdown of Personnel staff, hourly rates, and their responsibilities must be included herein as well as be in compliance with Applicable Law. CURRENT REQUIREMENTS Schedule F.1 – PROPERTY MANAGEMENT FEE - FULL FACILITY

Proposed pricing will be for the FULL FACILITY meaning the City-owned property located at 20 Brunel Court, and shared among the City, TDSB and TCDSB in accordance with the Lease and the Shared Facilities Agreement, as may be amended from time to time.

Schedule F.2 – PROPERTY MANAGEMENT FEE - CHILD CARE CENTRE ONLY

Proposed Pricing will be for the Child Care Centre ONLY located in the Facility and operated by a third-party operator as a tenant of the City.

Schedule F.3 – PROPERTY MANAGEMENT FEE - COMMUNITY SPACE ONLY

Proposed Pricing will be for the area within the Facility to be operated as community space, either through a lease to a third-party operator, or directly by the City.

Schedule F.4 – PROPERTY MANAGEMENT FEE - EMERGENCY SERVICES/SPECIAL

EVENTS

Proposed Pricing for special events and emergency situations that occur outside the operating hours described in Section 3.0 Property Management Services, OPERATING HOURS. Special Events would include community events, holiday celebrations, weddings, birthdays, meetings, etc.

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Schedule F.1 – PROPERTY MANAGEMENT FEE - FULL FACILITY

ITEM NO.

PERSONNEL DESCRIPTION (List associated

tasks/responsibilities below each item, as per proposed

Work Plan subsection 5.3.1.7)

(A) Hours

per Month

(B) Hourly Rate (Standard

Workdays & Hours)

(C) Fee per Month =

(A) x (B)

(D) Fee Per Year =

(C) x 12

Year 1

1 Property Manager

2 Onsite Supervisor

3 Administrative Personnel 1

4 Administrative Personnel 2

5 Administrative Personnel etc.

6 Year 1 Fee (Subtotal of items 1 - 5):

Year 2

7 Property Manager

8 Onsite Supervisor

9 Administrative Personnel 1

10 Administrative Personnel 2

11 Administrative Personnel etc.

12 Year 2 Fee (Subtotal of items 7 - 11):

Year 3

13 Property Manager

14 Onsite Supervisor

15 Administrative Personnel 1

16 Administrative Personnel 2

17 Administrative Personnel etc.

18 Year 3 Fee (Subtotal of items 13 - 17):

Year 4

19 Property Manager

20 Onsite Supervisor

21 Administrative Personnel 1

22 Administrative Personnel 2

23 Administrative Personnel etc.

24 Year 4 Fee (Subtotal of items 19 - 23):

Year 5

25 Property Manager

26 Onsite Supervisor

27 Administrative Personnel 1

28 Administrative Personnel 2

29 Administrative Personnel etc.

30 Year 5 Fee (Subtotal of items 25 - 29):

31 TOTAL PROPERTY MANAGEMENT FEE (Subtotal of Items 6, 12, 18, 24, 30):

32 HST (Item 31 x 13%):

33 TOTAL EVALUATED PROPERTY MANAGEMENT FEE

INCLUDING HST (Item 31 + Item 32):

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Schedule F.2 – PROPERTY MANAGEMENT FEE - CHILD CARE CENTRE ONLY

ITEM NO.

PERSONNEL DESCRIPTION (List associated

tasks/responsibilities below each item, as per proposed

Work Plan subsection 5.3.1.7)

(A) Hours

per Month

(B) Hourly Rate (Standard

Workdays & Hours)

(C) Fee per Month =

(A) x (B)

(D) Fee Per Year =

(C) x 12

Year 1

1 Property Manager

2 Onsite Supervisor

3 Administrative Personnel 1

4 Administrative Personnel 2

5 Administrative Personnel etc.

6 Year 1 Fee (Subtotal of items 1 - 5):

Year 2

7 Property Manager

8 Onsite Supervisor

9 Administrative Personnel 1

10 Administrative Personnel 2

11 Administrative Personnel etc.

12 Year 2 Fee (Subtotal of items 7 - 11):

Year 3

13 Property Manager

14 Onsite Supervisor

15 Administrative Personnel 1

16 Administrative Personnel 2

17 Administrative Personnel etc.

18 Year 3 Fee (Subtotal of items 13 - 17):

Year 4

19 Property Manager

20 Onsite Supervisor

21 Administrative Personnel 1

22 Administrative Personnel 2

23 Administrative Personnel etc.

24 Year 4 Fee (Subtotal of items 19 - 23):

Year 5

25 Property Manager

26 Onsite Supervisor

27 Administrative Personnel 1

28 Administrative Personnel 2

29 Administrative Personnel etc.

30 Year 5 Fee (Subtotal of items 25 - 29):

31 TOTAL PROPERTY MANAGEMENT FEE (Subtotal of Items 6, 12, 18, 24, 30):

32 HST (Item 31 x 13%):

33 TOTAL PROPERTY MANAGEMENT FEE FOR CHILD CARE CENTRE ONLY

INCLUDING HST (Item 31 + Item 32):

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Schedule F.3 – PROPERTY MANAGEMENT FEE - COMMUNITY SPACE ONLY

ITEM NO.

PERSONNEL DESCRIPTION (List associated

tasks/responsibilities below each item, as per proposed

Work Plan subsection 5.3.1.7)

(A) Hours

per Month

(B) Hourly Rate (Standard

Workdays & Hours)

(C) Fee per Month =

(A) x (B)

(D) Fee Per Year =

(C) x 12

Year 1

1 Property Manager

2 Onsite Supervisor

3 Administrative Personnel 1

4 Administrative Personnel 2

5 Administrative Personnel etc.

6 Year 1 Fee (Subtotal of items 1 - 5):

Year 2

7 Property Manager

8 Onsite Supervisor

9 Administrative Personnel 1

10 Administrative Personnel 2

11 Administrative Personnel etc.

12 Year 2 Fee (Subtotal of items 7 - 11):

Year 3

13 Property Manager

14 Onsite Supervisor

15 Administrative Personnel 1

16 Administrative Personnel 2

17 Administrative Personnel etc.

18 Year 3 Fee (Subtotal of items 13 - 17):

Year 4

19 Property Manager

20 Onsite Supervisor

21 Administrative Personnel 1

22 Administrative Personnel 2

23 Administrative Personnel etc.

24 Year 4 Fee (Subtotal of items 19 - 23):

Year 5

25 Property Manager

26 Onsite Supervisor

27 Administrative Personnel 1

28 Administrative Personnel 2

29 Administrative Personnel etc.

30 Year 5 Fee (Subtotal of items 25 - 29):

31 TOTAL PROPERTY MANAGEMENT FEE (Subtotal of Items 6, 12, 18, 24, 30):

32 HST (Item 31 x 13%):

33 TOTAL PROPERTY MANAGEMENT FEE FOR COMMUNITY SPACE ONLY

INCLUDING HST (Item 31 + Item 32):

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Schedule F.4 – PROPERTY MANAGEMENT FEE - EMERGENCY SERVICES/SPECIAL EVENTS

ITEM NO.

PERSONNEL DESCRIPTION (List associated

tasks/responsibilities below each item, as per proposed

Work Plan subsection 5.3.1.7)

YEAR 1 Hourly Rate

($)

YEAR 2 Hourly Rate

($)

YEAR 3 Hourly Rate

($)

YEAR 4 Hourly

Rate ($)

YEAR 5 Hourly

Rate ($)

EMERGENCY EVENTS

1

Property Manager

2

Onsite Supervisor

3

Administrative Personnel 1

4

Administrative Personnel 2

5

Administrative Personnel etc.

SPECIAL EVENTS

7

Property Manager

8

Onsite Supervisor

9

Administrative Personnel 1

10

Administrative Personnel 2

11

Administrative Personnel etc.

Note: not required to fill each line if not relevant to your organization.

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APPENDIX G

MANDATORY REQUIREMENTS SUBMISSION CHECKLIST

THE PROPONENT SHALL COMPLETE THIS CHECKLIST AND INCLUDE THIS CHECKLIST IN ENVELOPE NO. 1

ENVELOPE No.

REQUIREMENTS

COMPLETE

Yes/No

1

Proponent must provide a Form 1 Appendix ‘C’ (Proposal Submission Form) completed and signed by an authorized official of the Proponent. This includes the acknowledgement of all addenda received.

1

Proponent must provide with their proposal, a letter issued by a Canadian licensed surety company confirming that the Vendor is able to obtain a Performance Bond of 50% of the Vendors Proposed bid. If the letter is not submitted at the time of closing, the Proponent shall provide the letter within five (5) business days upon request from the City. The highest scoring Proponent will be required to provide, a Certified Cheque, Performance Bond, Bank Draft, Money Order or Irrevocable Letter of Credit, made payable to City of Toronto, Treasurer, each in the amount of 50% of the proposed total contract cost of service to be in Canadian dollars to act as the Performance Security.

1

Proponent must submit with its proposal, a Certified Cheque, Bid Bond, Bank Draft, Money Order or Irrevocable Letter of Credit, made payable to City of Toronto, Treasurer, in the amount of $5,000 to be in Canadian dollars to act as the Bid Security.

2

Completed Appendix ‘F’ (Cost of Services – Price Schedules F.1-F.4, in a sealed envelope.

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APPENDIX H - PROJECT BACKGROUND AND STATISTICS

INCLUDED AS SEPARATE DOCUMENTATION

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APPENDIX I - PHASING PLANS

INCLUDED AS SEPARATE DOCUMENTATION

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APPENDIX J - GENERAL MAINTENANCE

General Maintenance items are those items that are required to keep the Facility in good repair for it to operate at an optimal performance level. The Vendor shall review the Facility specifications and prepare the work program for the approval of the Management Committee. The work program shall consist of the items described in the table below.

Item # Element Description 1 Building Envelope Roof membrane, cap flashing, roof curbs, caulking.

2 Doors and Windows Door hardware, window hardware, glazing units, door frames, window frames, caulking.

3 Skylights Skylight frame, glazing unit, caulking.

4 Landscaping Trees, plants, sod, soils, planting beds, fertilizer, irrigation, leaf raking, letter pick up.

5 Green Roof Sod, plants, soil/growing media, fertilizer.

6 Exterior Hardscaping Concrete, pavers, wood surfaces.

7 Elevator Cab, motors, pulleys, belts, hardware, software.

8 Emergency Generator Inverters, motors, emergency lighting and other connections to function via the Generator.

9 Fire Alarm System Fire alarm panel, sub-panels, pull stations, smoke alarms, monoxide alarms, sensors, monitoring.

10 Sprinkler System Sprinkler heads, risers, valves, interconnection with fire alarm system, fire extinguishers.

11 Building Automation System Hardware, software, sensors, controllers, monitoring. 12 Public Address System Speakers, wiring, hardware, software.

13 I/T and Telephone Wiring, software, hardware, routers. 14 Gas Service Valves, pressure, flow, connections, piping, meters

15 HVAC Chiller, boilers, rooftop units, condensers, meters, dampers, VAV boxes, ductwork , grilles, fire dampers

16 Plumbing Plumbing fixtures, water treatment, valves, pumps, seals, shut-offs, piping

17 Electrical Electrical panels, lighting, receptacles, exterior lighting, power supply, wiring, meters, controllers, heat tracing, photovoltaic systems

18 Stormwater Filters, catch basins, piping, roof drains

19 Security System Hardware, software, alarm panels, alarm devices, sensors, cameras, access controls, monitoring, wiring.

20 Pest Control

21 Fixtures, Furniture and Equipment

Blinds, millwork, desks, tables and chairs, shelves, countertops, display screens

22 Gym Accessories Scoreboards, matts, gym equipment, basketball nets, volleyball nets, fitness equipment, walking track surface.

23 Washroom Equipment Soap and paper dispensers, hand dryers, change tables, trash containers.

24 Exterior Furniture Fencing, waste receptacles, bike racks, benches, bollards, playground equipment.

25 Appliances Fridges, stoves, dishwasher, laundry, microwaves, filters, connections, valves, lights.

26 Snow Clearing Clear snow and sand/salt as necessary.

27 Custodial Services Cleaning Work

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APPENDIX K - DIGITAL ISSUES CONSTRUCTION SPECIFICATIONS

Please use the following drop box for issued construction specification files of the facility:

https://colliersprojectleaders.sharefile.com/d-s2a17ab3984d42e89

IFC Specification 1 of 2 IFC Specification 2 of 2

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APPENDIX L - DIGITAL ISSUES CONSTRUCTION DRAWINGS Please use the following drop box for issued construction drawings files of the facility: https://colliersprojectleaders.sharefile.com/d-s2a17ab3984d42e89

Solar photovoltaic system for Block 31 Development DWG Electrical DWG Structural DWG Architectural DWG Audio Visual DWG Civil DWG Landscape DWG Mechanical

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APPENDIX M - SAMPLE LOG BOOKS, CHECKLIST, Etc.

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