request for proposals imc independent chairperson march 2014

8/12/2019 REQUEST FOR PROPOSALS IMC INDEPENDENT CHAIRPERSON March 2014

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Request for Proposals for the role of Independent Chairpersonof the Implementation Monitoring Committee - March 2014 of 11

Request for Proposals for the role of Independent Chairpersonof the Implementation Monitoring Committee

March 2014

1. Introduction

The Treaty Land Entitlement Committee (‘TLEC’) of Manitoba, the Government ofManitoba, and the Government of Canada (‘the Parties’) entered into the ManitobaFramework Agreement on Treaty Land Entitlement (‘MFA-TLE’) on May 29, 1997 (See

Appendix A). The MFATLE created the Implementation Monitoring Committee (‘IMC’),which consists of representatives from each of the three Parties.

The IMC is generally responsible for facilitating the implementation of the MFA-TLE andany Treaty Entitlement Agreements (‘TEA’) signed by TLEC’s Member Entitlement FirstNations (‘EFNs’), including but not limited to: allocating the IMC budget, monitoringprogress of implementation of the MFA-TLE, and making recommendations on theresolution of any matters under dispute under the MFA-TLE.

The Senior Advisory Committee (‘SAC’) to the MFA-TLE is seeking to appoint anIndependent Chairperson of the IMC for a two-year term. The successful candidate willdraw upon his or her previous experiences as a skilled negotiator, proven facilitator ormediator and will be responsible for discharging all duties and responsibilities of theIndependent Chairperson as set out in Section 3.0 Scope of Work, below.

2. General Instructions

2.1 Schedule of Events

Event Date/Time

Issue Terms of Reference March 3, 2014 Submission Deadline March 14, 2014

The IMC anticipates the selection of the Chairperson will be determined by March 15,2014. Discharge of Independent Chairperson responsibilities will commence uponexecution of a contract which will continue for a term of two years thereafter, subject toSection 34.03 of the MFA-TLE.

2.2 Proposal Submission

Candidates must submit three (3) copies of their proposals by courier or one (1) copy byemail on or before (’submission deadline’). Submissions should be addressed to:

Treaty Land Entitlement Committee of Manitoba Phone: 204-943-8532c/o Marion Wilson Fax: 204-942-0248200-1765 Sargent AvenueWinnipeg, MB R3H OC6 Email: [email protected]




3. Scope of Work

The Independent Chairperson is responsible for:• Discharging all duties as set out in Section 34.09 of the MFA-TLE;• Discharging all other duties of the Chairperson as set out in the MFA-TLE;• Facilitating the achievement of the IMC work plan (as an example, please see

the 2013-2014 IMC Work Plan attached as Appendix A);• Ensuring adherence to IMC Policies and Procedures (Please visit the IMC

website @ www.tleimc.ca to review).

4. Conditions

A candidate must clearly understand, and by submitting a proposal agree, that itsproposal is subject to the conditions provided in this section, in addition to any otherterms and conditions set out herein.

4.1. Right of Rejection

The submission of a proposal, the receipt of a proposal by the IMC and the opening of aproposal, or any one of those, does not constitute acceptance, in any way whatsoever,of a proposal. A proposal is not and must not be deemed in any way to be a unilateralcontract. It is an offer by the candidate to the IMC to perform the services beingrequested by the IMC. All or any of the proposals submitted may be accepted or rejectedby the IMC in its entire discretion. The IMC is under no obligation whatsoever to acceptthe proposal with the lowest cost or any proposal.

4.2. Disqualification

A proposal received after the submission deadline will not be considered. The IMC mayrefuse to consider any proposal from a candidate where the IMC determines, in its

discretion, that a potential conflict of interest exists or may arise in connection with thisproject. The IMC may refuse to consider any proposal that is in any way conditional orthat proposes to impose conditions on the IMC that are inconsistent with therequirements and the terms and conditions stipulated herein.

4.3. Right to Modify or Cancel

The IMC reserves the right to extend the submission deadline or to otherwise modify theterms herein at any time prior to the submission deadline, or to cancel this process atany time, at its sole discretion with no liability whatsoever to any candidate.

4.4. Right to Reissue

The IMC reserves the right to reissue this process to replace the IndependentChairperson where, in the IMC's opinion, none of the proposals submitted warrantacceptance or where it would be in the best interests of the IMC to do so.

http://www.tleimc.ca/







4.5 Cost of Proposal

Costs incurred in the preparation, presentation and submission of a proposal, includingany subsequent interviews or consultations required by the IMC, must be borne entirelyby the candidate.

4.6 Period of Validity

Proposals are irrevocable after the submission deadline and open for acceptance for 90days after the submission deadline.

4.7 Amendment or Withdrawal of Proposal

A candidate may amend a submitted proposal prior to the submission deadline bysubmitting an amendment clearly identifying the change or by submitting a new proposalthat clearly indicates that it is to replace the proposal previously submitted by thecandidate. The IMC will not consider amendments submitted after the submissiondeadline. A candidate may withdraw a proposal by submitting a request in writing to the

IMC at any time prior to, but not after, the submission deadline. All amendments orrequests to withdraw a submitted proposal must be submitted in writing to the IMC at theaddress set out in section 2.2. All such amendments or requests must be submitted onthe candidate’s letterhead and be signed by the candidate.

4.8 Decis ions of IMC

All decisions on the degree to which a proposal meets the stated criteria or the scoreassigned to a candidate or part of a proposal will be determined solely by the IMC. TheIMC’s determinations in this regard are final and may not be appealed by a candidate.

4.9 Termination of Contract Negotiations

The IMC retains the right to terminate contract negotiations with a candidate, with noliability, and to commence negotiations with a new candidate. Costs incurred by thecandidate during the negotiations in such instances will be borne by the candidate.

4.10 Confidentiality of Proposals

Subject to the provisions of the MFA-TLE, all proposals received by the IMC will betreated as confidential, and the IMC undertakes to exercise due regard in maintainingthis confidentiality. All proposals received by the IMC will be held and maintained by theIMC.

5. Contract Clauses

By submitting a proposal, the candidate agrees that the following contract clauses willform part of any contract entered into between the Parties (or their representatives) andthe Independent Chairperson.




5.1 Ownership

All information, documents and materials, including (without limitation) all data, research,reports, drawings, designs, plans, photographs and other materials, discovered orproduced by the Independent Chairperson, or any officers, employees or agents of theIndependent Chairperson, in the performance of, or incidental to the performance of, the

contract, and all intellectual property rights therein (including, without limitation, allcopyright, patent and trademark rights), are the property of the IMC, and must bedelivered without cost to the IMC upon request. While the contract is in effect, and at alltimes thereafter, the Independent Chairperson must not use, publish or disclose anyinformation, documents and materials, including (without limitation) all data, research,reports, drawings, designs, plans, photographs and other materials, discovered orproduced by the Independent Chairperson in the performance of, or incidental to theperformance of, the contract.

5.2 Confidential Information

While the contract is in effect, and at all times thereafter, the Independent Chairperson

must treat as confidential all information, documents and materials, including (withoutlimitation) all data, research, reports, drawings, designs, plans, photographs and othermaterials, acquired or to which access has been given in the course of, or incidental to,the provision or delivery of the services or terms of the contract.

5.3 Protection of Personal Information

The Independent Chairperson must ensure that all research results, papers, reports,publications and presentations relating to the delivery of services or terms of the contractdo not contain any Personal Information, or other information which could (by itself orwhen combined with other information) reasonably be expected to identify any individual.

5.4 Liability

The IMC is not liable for any injury to the Independent Chairperson for any damage to orloss of property of the Independent Chairperson caused by or in any way related to theprovision or delivery of the services or the terms of the contract. This subsection doesnot apply if the injury, damage or loss was caused by the wrongful or negligent act of anofficer or employee of the IMC while acting within the scope of his or her employment.

5.5 Indemnity

The Independent Chairperson must use due care in the performance of the obligationsunder the contract to ensure that no person is injured, no property is damaged or lost

and no rights are infringed. The Independent Chairperson is solely responsible for anyinjury to persons (including death), damage or loss to property or infringement of rightscaused by, or related to, the performance of the services or any term of the contract, orthe breach of any term or condition of the contract by the Independent Chairperson andany omission or wrongful or negligent act of the Independent Chairperson and mustsave harmless and indemnify the IMC and its respective officers, employees and agentsfrom and against all claims, liabilities and demands with respect to this clause.




5.6. Insurance

The Independent Chairperson agrees to obtain, maintain throughout the term of thecontract, and provide evidence to the IMC of:

(a) Commercial General Liability Insurance covering claims for injury, death or damage

to property arising out of the Independent Chairperson or its officers, employees oragents providing services under the contract, or as a result of any negligent acts oromissions of the Independent Chairperson or its officers, employees or agents. Suchinsurance must provide coverage of not less than two million dollars ($2,000,000.00) peroccurrence; and

(b) Errors and omissions liability insurance covering errors, omissions or negligentprovision of services under the contract by the consultant or its officers, employees oragents. Such insurance must provide coverage of not less than one million dollars($1,000,000.00) per occurrence. By setting the foregoing minimum coverage, the IMCdoes not represent that such amount is adequate to cover all possible claims or lossesof this kind and expressly disclaims such a representation.

The Independent Chairperson acknowledges that it is solely responsible for determiningthe adequacy of its insurance coverage. Without limiting or restricting the generality ofthis subsection, such insurance must:

(a) name the IMC and its respective officers, employees and agents as additionalinsured with respect to the services provided under the contract;

(b) be maintained for not less than twelve (12) months after completion of theservices if the insurance policy is written on a claims-made basis; and

(c) require the insurer to give the IMC at least thirty (30) days prior written notice if it

intends to cancel or significantly reduce the coverage under the policy. TheIndependent Chairperson must provide a certificate of insurance evidencing theabove noted coverage prior to commencing to provide the services.

5.7. Workers Compensation

Where the Independent Chairperson retains employees to assist in the discharge ofduties, the Independent Chairperson must be registered with the Workers CompensationBoard of Manitoba, must provide and maintain in good standing workers compensationcoverage throughout the term of the contract, and must provide the IMC with evidencethereof upon request.

5.8. Pricing and Invoices

All pricing must be in Canadian funds. A detailed cost breakdown must be provided withthe sales tax (if applicable) shown separately. The candidate must specify invoice terms.

If The Income Tax Act (Canada) requires the withholding of a percentage of anyamounts pursuant to any resulting contract, and remission of such percentage toRevenue Canada, the IMC will be entitled to so withhold and remit.




5.9. Independent Contractor Relationship

This contract does not create an employer-employee, principal-agent or a partnershiprelationship between the Independent Chairperson and the Parties.

The Independent Chairperson is solely responsible for any amounts that may be owing

to any person, organization or entity in the event that she/he is held not to be anIndependent Contractor in the discharge of her/his services under this contract and mustsave harmless and indemnify the Parties, SAC, IMC and their respective officers,employees and agents from and against all claims, liabilities and demands with respectto this clause.

The Independent Chairperson is solely responsible for all matters relating to thestatutory deductions of all taxes, employment insurance and Canada Pension and alllicences and permits which may be or become required to perform the requirements ofthis contract. The Independent Chairperson is solely responsible for all matters relatingto leave, remuneration, Workers’ Compensation, insurance premiums and discipline.

5.10. Termination

The Parties may terminate the contract in accordance with Subsection 34.04(2) of theMFA-TLE.

Upon the expiry or earlier termination of the contract, the Independent Chairperson mustcease to provide or deliver any further services. The Parties are under no obligation tothe Independent Chairperson other than to pay, upon receipt of an invoice andsupporting documentation satisfactory to the Parties, such compensation as theIndependent Chairperson may be entitled to receive under the contract completed to thesatisfaction of the Parties up to the effective date of termination.

5.11. Respect of Legislation

The Independent Chairperson must comply with all legislation governing their sector ofactivity and those of their sub-contractors, including the current municipal, provincial,federal and international laws governing regulations and licensing requirements, andthose likely to be modified or enacted during execution of the contract.

5.12. Governing Law

The laws of the Province of Manitoba govern the contract and the Courts of Manitobawill have sole and exclusive jurisdiction over any dispute or lawsuit.

5.13. Time is of the Essence

Time is of the essence for the completion of the work described in the contract. All workdescribed herein shall be completed within two (2) years of the date of execution of thecontract.




6.4 Conflict of Interest

The candidate will provide details on any work-related experience with First Nationsand/or treaty land entitlement issues that identifies:

(a) the name of the client

(b) the nature of the services provided

The IMC will review any such information in consideration of a potential conflict ofinterest of the candidate in the discharge of the duties of Chairperson.

6.5 Pricing and Costs (one page)

The total fixed cost to discharge the responsibilities of the Independent Chairperson is$300,000 over a two year term to a maximum of $150,000 per year.

A cost breakdown for each year must be provided, including the specification of eachposition and the number of hours that will be utilized to fulfill the terms of the contract.

All fees, disbursements and expenses that may be required to discharge theresponsibilities of the Independent Chairperson must be included in the total fixed cost ofthe proposal. For clarity, the total fixed costs of $150,000 must include all fundsanticipated to be spent by the IMC in a fiscal year, including, but not limited to: theChairperson’s fees, telephone and internet services, administrative expenses includingbookkeeping and technical support, printing, rent and parking for the IMC office space (ifnecessary), and other discretionary expenses such as independent advice and travelexpenses. These services may be provided by the Independent Chairperson throughexisting arrangements they may have, where IMC agrees.

Candidate policies in relation to expense reimbursement and escalation provisions for

fees and expenses must be clearly stated in the proposal. All pricing must be inCanadian funds. All prices and costs must be guaranteed by the candidate for the ninety(90) days following the submission deadline and cannot be negotiated in the event thecandidate is advised that their proposal has been accepted.

7. Evaluation of Proposals

7.1. Evaluators

Proposal evaluation and selection will be conducted by the IMC, which will makerecommendations to the Senior Advisory Committee (SAC) of the Parties as provided inSection 34.03 of the MFA-TLE. Subject to the terms of the MFA-TLE, all assessments

regarding the degree to which a given proposals meets the evaluation criteria areentirely within the purview and judgment of IMC.

7.2. Evaluation Process

The proposal evaluation process is a selection procedure. It will be finalized throughcompletion of the following steps:




(a) candidates submit proposals;(b) review and evaluation of proposals by the IMC in accordance with the criteria

identified in Subsection 7.3;(c) decision by IMC to recommend a candidate for consideration and acceptance

by the SAC;(d) SAC decision to accept or reject recommendation of IMC.

In the event of failure to reach agreement at any stage, the evaluation process will begoverned by terms of the MFA-TLE.

7.3. Evaluation Review

Proposals are reviewed to ensure they meet the mandatory requirements set out inSection 6. Those proposals meeting the mandatory requirements will then be evaluatedand ranked in accordance with the following criteria and corresponding values:

(a) demonstrated understanding of the responsibilities of IndependentChairperson (25);

(b) reasonableness of the proposed work plan to discharge all aspects of theresponsibilities of the Independent Chairperson as included in the MFATLEand attached sample Work plan for 2013-2014 (15);

(c) depth of expertise and skills of the candidate and/or personnel that willimplement the work plan (25);

(d) relevance of experience in successfully completing similar engagements (25);and,

(e) effective allocation of budget (10).

As part of the evaluation of proposals, the IMC may request interviews or consultationswith the candidates. Candidates should clearly indicate the contact information for anindividual(s) who will be available to answer questions about the proposal. If a decision

to award the contract is made, it will not necessarily be to the candidate with lowestprice.

7.4. Acceptance of Proposal

If SAC decides to proceed after completing the evaluation, it will advise the candidatewho submitted the proposal that is the best overall proposal when evaluated inaccordance with the criteria identified in Subsection 7.3 and enter into contractualarrangements with that candidate.

Should SAC decide not to proceed to with any candidate all candidates will be givenwritten notice of such decision.

The acceptance of a proposal is subject to a formal written contract being entered intobetween SAC and the candidate whose proposal is judged, in the opinion of IMC andSAC, to be best suited to discharging the responsibilities of the IndependentChairperson.

In the event that a contract cannot be concluded within a reasonable period of time (asreasonably determined by IMC), IMC may cancel the negotiations and reserves the right




to enter into negotiations with the candidate whose proposal was the second best overallproposal when evaluated in accordance with the criteria identified in Subsection 7.3.

8.0 Supplemental Information

The following documents may be found on the IMC website (www.tleimc.ca):

1. Manitoba Framework Agreement on Treaty Land Entitlement2. 2012-2013 IMC Annual Report3. IMC Policies and Procedures Manual, 2002





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