supply and delivery of janitorial and cleaning ...request for proposals no. ps20150508 supply and...

REQUEST FOR PROPOSALS

SUPPLY AND DELIVERY OF JANITORIAL AND CLEANING

SUPPLIES

RFP No. PS20150508

Issue Date: June 25, 2015

Issued By: City of Vancouver

REQUEST FOR PROPOSALS NO. PS20150508 SUPPLY AND DELIVERY OF JANITORIAL AND CLEANING SUPPLIES

TABLE OF CONTENTS

June 25, 2015 Page i

TABLE OF CONTENTS PART A – INFORMATION AND INSTRUCTIONS Pages A-1 to A-11 1.0 The RFP 2.0 Key Dates 3.0 Contact Person 4.0 Submission of Proposals 5.0 Changes to the RFP and Further Information 6.0 Contract Requirements 7.0 Pricing 8.0 Evaluation of Proposals 9.0 Sustainability 10.0 Certain Applicable Legislation 11.0 Legal Terms and Conditions 12.0 Definitions PART B – CITY REQUIREMENTS AND ITEMS TO BE ADDRESSED IN PROPOSALS Pages B-1 to B-5 1.0 City Requirements 2.0 Items to be Addressed in Proposals PART C – PROPOSAL FORM Pages C-1 to C-8 APPENDIX 1 – LEGAL TERMS & CONDITIONS PART D – FORM OF AGREEMENT Pages D-1 to D-28 ANNEX 1 – SCHEDULE OF DETAILED REQUIREMENTS Pages 1-1 to 1-12 ANNEX 2 – PRICING Pages 2-1 to 2-15 ANNEX 3 – DECLARATION OF SUPPLIER CODE OF CONDUCT COMPLIANCE Pages 3-1 ANNEX 4 – ASSESSMENT OF VENDOR SUSTAINABILITY LEADERSHIP QUESTIONNAIRE Pages 4-1 to 4-8 ANNEX 5 – FLEET GREENHOUSE GAS (GHG) REDUCTIONS AND PACKAGING Pages 5-1 to 5-2 WASTE REDUCTION ANNEX 6 – DELIVERY LOCATIONS Pages 6-1 to 6-6 ANNEX 7 – CERTIFICATE OF EXISTING INSURANCE Pages 7-1


PART A – INFORMATION AND INSTRUCTIONS

June 25, 2015 Page A-1

1.0 THE RFP

1.1 This Request for Proposal (the “RFP”) provides an opportunity to submit Proposals for review by the City and, depending on the City’s evaluation of Proposals, among other factors, to potentially negotiate with the City to enter into an Agreement. EXCEPT WHERE EXPRESSLY STATED OTHERWISE IN APPENDIX 1 TO PART C OF THE RFP: (I) NO PART OF THE RFP CONSISTS OF AN OFFER BY THE CITY TO ENTER INTO ANY CONTRACTUAL RELATIONSHIP; AND (II) NO PART OF THE RFP IS LEGALLY BINDING ON THE CITY.

1.2 The RFP concerns the City’s interest in procuring janitorial and cleaning supplies. Details of the City’s objectives and requirements to which the RFP relates are set out in Part B of the RFP. The City welcomes Proposals respecting innovative or novel approaches to the City’s objectives and requirements.

1.3 The City is interested in selecting a single Proponent with the capability and experience to efficiently and cost-effectively meet the objectives and requirements described in the RFP. The City currently expects to select such a Proponent and then enter into negotiations with that Proponent, which will conclude in the execution of an Agreement between the Proponent and the City. However, the City may: (i) decline to select any Proponent; (ii) decline to enter into any Agreement; (iii) select multiple Proponents for negotiation; or (iv) enter into one or more agreements respecting the subject matter of the RFP with one or more Proponents or other entities at any time. The City may also terminate the RFP at any time.

1.4 The City currently intends that Proposals will be evaluated by the City in relation to their overall value, which will be assessed in the City’s sole and absolute discretion. In assessing value, the City expects to consider the factors described in Section 8 below, among others.

1.5 NO BID SECURITY IS REQUIRED FROM PROPONENTS IN CONNECTION WITH THE SUBMISSION OF PROPOSALS BECAUSE NO PROPOSAL WILL BE DEEMED TO BE AN IRREVOCABLE OR OTHERWISE BINDING LEGAL OFFER BY A PROPONENT TO THE CITY. THE LEGAL OBLIGATIONS OF A PROPONENT THAT WILL ARISE UPON THE SUBMISSION OF ITS PROPOSAL WILL BE LIMITED TO THE TERMS AND CONDITIONS STATED UNDER THE HEADING “LEGAL TERMS & CONDITIONS” IN APPENDIX 1 TO THE PROPOSAL FORM (PART C).

1.6 The execution of an Agreement may be contingent on funding being approved, and the relevant Proposal being approved, by the Vancouver City Council.

1.7 Certain capitalized terms used herein but not defined where first used are defined in Section 12 below.

1.8 The RFP consists of four parts:

(a) PART A – INFORMATION AND INSTRUCTIONS: This part is intended to serve as a guide to the RFP process for Proponents.




(b) PART B – CITY REQUIREMENTS AND ITEMS TO BE ADDRESSED IN PROPOSALS: This part describes the subject matter of the RFP, in respect of which the City invites Proposals. This part also stipulates the information that should be contained in each Proposal.

(c) PART C - PROPOSAL FORM: This part consists of the Proposal Form to be completed by each Proponent in connection with its Proposal. Each Proposal must be submitted under the cover of a duly completed and executed Proposal Form.

(d) PART D - FORM OF AGREEMENT: This part contains a model Agreement. An Agreement or Agreements in this form may be entered into between the City and one or more successful Proponents.

2.0 KEY DATES

2.1 Potential Proponents should note the following key dates:

Event Time and Date

Deadline for Enquiries 12:00 noon Tuesday July 14, 2015

Closing Time 3:00 p.m. Tuesday July 21, 2015

2.2 All references to time in the RFP are references to the time in the City of Vancouver, as shown on the clock used by the City for the purposes of requests for proposals.

3.0 CONTACT PERSON

3.1 All enquiries regarding the RFP must be addressed to:

Harinder Kainth [email protected]

3.2 All enquiries must be made in writing. In-person or telephone enquiries are not permitted.

3.3 IF A POTENTIAL PROPONENT BELIEVES THAT THE CITY MAY BE UNABLE TO SELECT IT DUE TO A CONFLICT OF INTEREST, BUT IS UNCERTAIN ABOUT THIS, THE POTENTIAL PROPONENT IS URGED TO CONTACT THE ABOVE-MENTIONED INDIVIDUAL AS SOON AS POSSIBLE WITH THE RELEVANT INFORMATION SO THAT THE CITY MAY ADVISE THE POTENTIAL PROPONENT REGARDING THE MATTER. SEE SECTION 11.2(l), (m) and (n) BELOW FOR AN INDICATION OF THE TYPES OF CONFLICTS OF INTEREST THAT OFTEN ARISE.

4.0 SUBMISSION OF PROPOSALS

4.1 Proponents should submit their Proposals in writing on or before the time and date specified in the bottom row of the table in Section 2.1 above (the “Closing Time”).




4.2 Each Proponent should submit its Proposal in an envelope clearly marked with the Proponent’s name and the RFP title and number (“Supply and Delivery of Janitorial and Cleaning Supplies; PS20150508”) to the following address:

City of Vancouver Supply Chain Management Department 453 West 12th Avenue Vancouver, British Columbia Canada, V5Y 1V4

Notwithstanding the foregoing, envelopes submitted by courier or otherwise in-person should be delivered to:

Information Desk, Main Floor Rotunda, Vancouver City Hall 453 West 12th Avenue Vancouver, British Columbia Canada, V5Y 1V4

4.3 To be considered by the City, a Proposal must be submitted under the cover of a Proposal Form, completed and duly executed by the relevant Proponent, including Appendix 1 thereto.

4.4 Proposals must not be submitted by fax or email.

4.5 Amendments to a Proposal may be submitted via the same methods, at any time prior to the Closing Time.

4.6 The City requests that five (5) hard copies and one electronic copy (on a CD, flash drive, memory stick or similar medium) of each Proposal (or amendment) be submitted, including all documents and in the same order as submitted in the hard copy format.

4.7 Proposals should be bound in three-ring binders with each section tabbed and including all accompanying annexes, appendices, schedules and addenda in each binder

4.8 Notwithstanding the foregoing, only one hard copy of the Commercial Proposal forming part of the Proposal is required and this should be submitted in a separate envelope and not be contained in the binders, in accordance with Section 2.4 of Part B hereof. The Commercial Proposal should also be included in the electronic copy of the Proposal.

4.9 Proposals are revocable and may be withdrawn at any time before or after the Closing Time.

4.10 All costs associated with the preparation and submission of a Proposal, including any costs incurred by a Proponent after the Closing Time, will be borne solely by the Proponent.




4.11 Unnecessarily elaborate Proposals are discouraged. Proposals should generally be limited to the items specified in Part B of the RFP.

4.12 The City is willing to consider any Proposal from two or more Proponents that wish to form a consortium solely for the purpose of submitting a joint Proposal in response to the RFP, provided that they disclose the names of all members of the consortium and all members complete and execute a Proposal Form (Part C). Nonetheless, the City has a strong preference for Proposals submitted by a single Proponent, including a Proponent that would act as a general contractor and use subcontractors as required.

4.13 Proposals that are submitted after the Closing Time or that otherwise do not comply in full with the terms hereof may or may not be considered by the City and may or may not be returned to the Proponent, in the City’s sole discretion.

5.0 CHANGES TO THE RFP AND FURTHER INFORMATION

5.1 The City may amend the RFP or make additions to it at any time.

5.2 It is the sole responsibility of Proponents to check the City’s website at: http://vancouver.ca/doing-business/open-bids.aspx regularly for amendments, addenda, and questions and answers in relation to the RFP.

5.3 Proponents must not rely on any information purported to be given on behalf of the City that contradicts the RFP, as amended or supplemented in accordance with the foregoing Section 5.2

5.4 Potential Proponents are encouraged to read the RFP and submit any questions relating to the RFP to the Contact Person prior to 12:00 noon, Tuesday July 14, 2015 as stated in Section 2.1.

6.0 CONTRACT REQUIREMENTS

6.1 In addition to addressing the other requirements of Part B hereof, each Proponent should indicate in its Proposal the extent to which the Form of Agreement included as Part D hereof is consistent with its Proposal. If the Proposal is inconsistent with any part of the Form of Agreement, the Proponent should so state and should propose alternative contract language as part of its Proposal.

6.2 If the head office of a Proponent is located within the City of Vancouver or if the Proponent is to perform any work at a site located within the City of Vancouver, the execution of any Agreement will be contingent upon the Proponent having a valid City of Vancouver business license.

6.3 The term of any Agreement is expected to be a three-year period, with two possible one-year extensions, for a maximum total term of five years.

7.0 PRICING

7.1 All prices quoted in any Proposal are to be exclusive of applicable sales taxes calculated upon such prices, but inclusive of all other costs




7.2 Prices must be quoted in Canadian currency.

7.3 Fixed prices must be quoted for the full term of the Proponent’s proposed agreement

7.4 Prices are to be quoted DDP, destination (Incoterms, 2010). For the avoidance of doubt, freight, insurance, unloading at the destination designated by the City, import duties, brokerage, royalties, handling, overhead, profit and all other similar costs are to be included in quoted prices

8.0 EVALUATION OF PROPOSALS

8.1 The City may open or decline to open Proposals in such manner and at such times and places as are determined by the City.

8.2 The City currently intends that all Proposals submitted to it in accordance with the RFP will be evaluated by City representatives, using quantitative and qualitative tools and assessments, as appropriate, to determine which Proposal or Proposals offer the overall best value to the City. In so doing, the City expects to examine not only financial terms, but also product quality, overall service capability, environmental and social sustainability elements, and other criteria including but not limited to

(i) Proponents’ skills, knowledge, reputations and previous experience(s), including experience(s) with organizations similar in size to the City (if any);

(ii) Proponents’ capabilities to meet the City’s Requirements (as defined in Part B and Annex 1) as and when needed;

(iii) product quality and overall service factors, including but not limited to, dispenser work plan, product warranty, defect and obsolete product handling, delivery capabilities and lead-time, return process, backorders, emergency response, equipment repair capabilities, disaster response, inventory support, , account and contract management;

(iv) innovation, including but not limited to business technology that improves the overall efficiency of transaction cycle time from ordering, delivery to payment and reporting;

(v) environmental or social sustainability elements that supports the City’s sustainability initiatives;

(vi) transition and training work plan addressing the costs or challenges; and

(vii) financial offering, including but not limited to prices, value-added services, discount and volume rebate schedule.

Any other factors may be mentioned in Part B or elsewhere in the RFP.

8.3 The City will retain complete control over the RFP process at all times until the execution and delivery of an Agreement or Agreements, if any. The City is not legally obligated to review, consider or evaluate Proposals, or any particular Proposal, and need not necessarily review, consider or evaluate Proposals, or any particular Proposal




in accordance with the procedures set out in the RFP. The City may continue, interrupt, cease or modify its review, evaluation and negotiation process in respect of any or all Proposals at any time without further explanation or notification to any Proponents.

8.4 The City may, at any time prior to signing an Agreement, discuss or negotiate changes to the scope of the RFP with any one or more of the Proponents without having any duty or obligation to advise the other Proponents or to allow the other Proponents to vary their Proposals as a result of such discussions or negotiations.

8.5 The City may elect to short-list Proponents and evaluate Proposals in stages. Short-listed Proponents may be asked to provide additional information or details for clarification, including by attending interviews, making presentations, supplying samples, performing demonstrations, furnishing technical data or proposing amendments to the Form of Agreement. The City will be at liberty to negotiate in parallel with one or more short-listed Proponents, or in sequence, or in any combination, and may at any time terminate any or all negotiations.

8.6 Prior to approval of a Proposal, the City must be satisfied as to the Proponent’s financial stability. Proponents may be asked to provide financial statements prepared by an accountant and covering at least the prior two years.

8.7 The City may request that any proposed subcontractors undergo evaluation by the City.

8.8 The City is not under any obligation to approve any Proposal and may elect to terminate the RFP at any time.

8.9 For the avoidance of doubt, notwithstanding any other provision in the RFP, the City has in its sole discretion, the unfettered right to:

(a) accept any Proposal;

(b) reject any Proposal;

(c) reject all Proposals;

(d) accept a Proposal which is not the lowest-price proposal;

(e) accept a Proposal that deviates from the Requirements or the conditions specified in the RFP;

(f) reject a Proposal even if it is the only Proposal received by the City;

(g) accept all or any part of a Proposal;

(h) split the Requirements between one or more Proponents; and

(i) enter into one or more agreements respecting the subject matter of the RFP with any entity or entities at any time.




Without limiting the foregoing, the City may reject any Proposal by a Proponent that has a conflict of interest, has engaged in collusion with another Proponent or has otherwise attempted to influence the outcome of the RFP other than through the submission of its Proposal.

9.0 SUSTAINABILITY

9.1 The City’s Procurement Policy, Ethical Purchasing Policy and related Supplier Code of Conduct found at http://vancouver.ca/doing-business/selling-to-and-buying-from-the-city.aspx align the City’s approach to procurement with its corporate social, environmental and economic sustainability values and goals. They evidence the City’s commitment to maximize benefits to the environment through product and service selection, and to ensure safe and healthy workplaces, where human and civil rights are respected. Each Proponent is expected to adhere to the supplier performance standards set forth in the Supplier Code of Conduct. The Ethical Purchasing Policy shall be referred to in the evaluation of Proposals, to the extent applicable.

9.2 Proponents are to provide environmentally sensitive products or services wherever possible. Where there is a requirement that the Proponent supply materials, and where such materials may cause adverse environmental effects, the Proponent is to indicate the nature of the hazard(s) in its Proposal. Furthermore, the Proponent is to advise the City of any known alternatives or substitutes for such materials that would mitigate such adverse effects.

10.0 CERTAIN APPLICABLE LEGISLATION

10.1 Proponents should note that the City of Vancouver is subject to the Freedom of Information and Protection of Privacy Act (British Columbia), which imposes significant obligations on the City’s consultants or contractors to protect all personal information acquired from the City in the course of providing any service to the City.

10.2 Proponents should note that the Income Tax Act (Canada) requires that certain payments to non-residents be subject to tax withholding. Proponents are responsible for informing themselves regarding the requirements of the Income Tax Act (Canada), including the requirements to qualify for any available exemptions from withholding.

11.0 LEGAL TERMS AND CONDITIONS

11.1 The legal obligations of a Proponent that will arise upon the submission of its Proposal are stated in Appendix 1 to the Proposal Form (Part C). Except where expressly stated in such Appendix 1: (i) no part of the RFP consists of an offer by the City to enter into any contractual relationship; and (ii) no part of the RFP is legally binding on the City.

11.2 Potential Proponents should review Appendix 1 to the Proposal Form carefully before submitting a Proposal. Among other things, potential Proponents should note that:

(a) Except for limited duties in respect of the protection of confidential information and the resolution of legal disputes (as fully specified in Appendix 1 to the Proposal Form), the City does not have, and will not have, any legal




obligations to a Proponent or to any proposed subcontractor of that Proponent in respect of the RFP or that Proponent’s Proposal until such time as an Agreement is entered into with that Proponent.

(b) The City is a public body required by law to act in the public interest. In no event, however, does the City owe to the Proponent or to any of the Proponent’s proposed subcontractors (as opposed to the public) any contract or tort law duty of care, fairness, impartiality or procedural fairness in the RFP process, or any contract or tort law duty to preserve the integrity of the RFP process.

(c) Except only and to the extent that the City is in breach of its duties with respect to a Proponent’s confidential information, each Proponent is required to broadly release the City, its officials, its agents and its employees from liability for any losses incurred by the Proponent.

(d) Except only and to the extent that the City is in breach of its duties with respect to a Proponent’s confidential information, each Proponent is required to broadly indemnify and hold harmless the City, its officials, its agents and its employees from and against losses in respect of any claim or threatened claim against any of them.

(e) Except with respect to the City’s duties in respect of a Proponent’s confidential information, even to the extent the city is found to have breached any duty to the Proponent, if any, the liability of the City, its officials, its agents and its employees to the Proponent will be limited to $100.

(f) With limited exceptions set forth in such Appendix 1 to the Proposal Form, any dispute between the City and a Proponent will be subject to arbitration.

(g) All RFP-related documents provided to any Proponent by the City remain the property of the City and must be returned to the City, or destroyed, upon request by the City.

(h) The documentation containing any Proposal, once submitted to the City, becomes the property of the City, and the City is under no obligation to return the Proposal to the Proponent.

(i) The City will treat any Proposal (and the City’s evaluation of it), in confidence in substantially the same manner as it treats its own confidential material and information, subject, however, to the applicable provisions of the Freedom of Information and Protection of Privacy Act (British Columbia), other applicable legal requirements, and the City’s full right to publicly disclose any and all aspects of the Proposal in the course of publicly reporting to the Vancouver City Council or announcing the results of the RFP to Proponents.

(j) Proponents must not divulge or disclose to any third parties any non-public documents or information concerning the affairs of the City, which have been or are in the future provided or communicated to a Proponent at any time (whether before, during or after the RFP process). Furthermore, each




Proponent must agree to not use or exploit any such non-public documents or information in any manner, including in submitting its Proposal.

(k) Each Proponent must waive any rights to obtain any records produced or kept by the City in evaluating its Proposal (and any other submissions) and must agree that under no circumstances will it make any application to the City or any court for disclosure of any records pertaining to the receipt, evaluation or selection of its Proposal (or any other submissions), including, without limitation, records relating only to the Proponent.

(l) Each Proponent must disclose whether any officer, director, shareholder, partner, employee or contractor of the Proponent or of any of its proposed subcontractors, or any other person related to the Proponent’s or any proposed subcontractor’s organization (a “person having an interest”) or any spouse, business associate, friend or relative of a person having an interest is:

i. an elected official or employee of the City; or

ii. related to or has any business or family relationship with an elected official or employee of the City,

in each case such that there could be any conflict of interest or an appearance of a conflict of interest in the evaluation or consideration of the Proponent’s Proposal by the City. The City will evaluate each matter disclosed to determine whether and to what extent the Proponent can be given consideration in the RFP in light of the particular matter.

(m) Each Proponent must disclose whether any person having an interest (as defined above) is a former official, former employee or former contractor of the City who has non-public information relevant to the RFP obtained during his or her employment or engagement by the City. The City will evaluate each matter disclosed to determine whether and to what extent the Proponent can be given consideration in the RFP in light of the particular matter.

(n) Each Proponent must disclose whether the Proponent or any of its proposed subcontractors is currently engaged in supplying (or is proposing to supply) goods or services to a third party such that entering into an agreement with the City in relation to the subject matter of the RFP would create a conflict of interest or the appearance of a conflict of interest between the Proponent’s duties to the City and the Proponent’s or its subcontractors’ duties to such third party. The City will evaluate each matter disclosed to determine whether and to what extent the Proponent can be given consideration in the RFP in light of the particular matter.

(o) Each Proponent is required to disclose whether the Proponent is competing for purposes of the RFP with any entity with which it is legally or financially associated or affiliated. Each Proponent must also disclose whether it is cooperating in any manner in relation to the RFP with any other Proponent responding to the RFP. The City will evaluate each matter disclosed to



June 25, 2015 Page A-10

determine whether and to what extent the Proponent can be given consideration in the RFP in light of the particular matter.

(p) Each Proponent is required to disclose whether it or any officer, director, shareholder, partner, employee or agent of the Proponent or any of its proposed subcontractors: (1) is registered as a lobbyist under any lobbyist legislation in any jurisdiction in Canada or in the United States of America; or (2) has engaged in any form of political or other lobbying whatsoever with respect to the RFP or sought, other than through the submission of its Proposal, to influence the outcome of the RFP process. The City will evaluate each matter disclosed to determine whether and to what extent the Proponent can be given consideration in the RFP in light of the particular matter.

(q) A Proponent must not disclose or promote any relationship between it and the City, including by means of any verbal declarations or announcements and by means of any sales, marketing or other literature, letters, client lists, press releases, brochures, web sites or other written materials (whether in print, digital, electronic or other format) without the express prior written consent of the City. Each Proponent must undertake not to use the name, official emblem, mark, or logo of the City without the express prior written consent of the City.

(r) Any Proposal which contains an error, omission or misstatement, which contains qualifying conditions, which does not fully address all of the requirements or expectations of the RFP, or which otherwise fails to conform to the RFP may or may not be rejected by the City at the City’s sole discretion. The City may also invite a Proponent to adjust its Proposal to remedy any such problem, without providing the other Proponents an opportunity to amend their Proposals.

12.0 DEFINITIONS

12.1 In the RFP, the following capitalized terms have the following meanings:

(a) “Agreement” means a contract entered into between the City and a successful Proponent, if any, following the conclusion of the RFP process, which contract is expected to be in substantially the same form as the Form of Agreement;

(b) “City” means the City of Vancouver, a municipal corporation continued pursuant to the Vancouver Charter;

(c) “Form of Agreement” means the form of agreement contained in Part D of the RFP;

(d) “Proponent” means an entity, which is not, by the terms hereof, restricted from submitting a Proposal, and which does submit a Proposal;

(e) “Proposal” means a proposal submitted in response to the RFP; and

(f) “Proposal Form” means the form contained in Part C of the RFP.



June 25, 2015 Page A-11

12.2 All other capitalized terms used in the RFP have the meanings given to them elsewhere in the RFP.


PART B – CITY REQUIREMENTS AND ITEMS TO BE ADDRESSED IN PROPOSALS

June 25, 2015 Page B-1

1.0 CITY REQUIREMENTS

1.1 The City has the following objectives and requirements (together, the “Requirements”):

(a) The City is requesting proposals from interested firms that can supply and deliver janitorial and cleaning supplies which includes but not limited to janitorial cleaning supplies, hygiene and skin care products, sanitary paper, garbage bags and related janitorial hardware items (“Products”) in accordance with the Requirements as set out in Annex 1 – Schedule of Detailed Requirements. The Products shall be delivered to various City locations on an as required basis for the term of the Agreement.

(b) The City wishes to select Proponent(s) with the product mix and service capabilities to efficiently and cost-effectively supply quality Products and improve service efficiency. Thus it is paramount that the successful Proponent(s) be able to meet the requirements of the City with the highest level of product quality and service as set out in Annex 1 – Schedule of Detailed Requirements.

(c) Through the RFP process, this Agreement will enable the City to realize:

- a reduction of inventory investment within the respective facilities; - virtual elimination or major reduction of backorders; - receipt of quality Products at maximum value; - timely deliveries at lowest cost to the City; - firm pricing for the Products; - secured source of supply; - accurate report on the history of Product utilization and expenditures; - lower acquisition costs through the efficiency improvement on operational

and transactional processes; - alignment to the social and ethical standards outlined in the City’s

Procurement Policy; and - a strong co-operative and proactive relationship with the successful

Proponent.

(d) The successful Proponent will offer the best value which will be assessed as a combination of experience, competitive pricing, product scope, level of services offered, proposed innovative business model, efficiency of operation, and responses, enhanced and value-added services, environmental and social initiative performance.

(e) The City is committed to protecting the environment and seeking to do business with Proponents that have similar commitments to improve environmental conditions, have fair and equitable work environments for their employees and demonstrate leadership in sustainability. As such, this RFP seeks to identify Proponents who are proactively managing the environmental




and social impacts of their operations and upholding human rights within the supply chain, including manufacturing facilities and factories.

(f) Further information regarding the Requirements, is contained in Annex 1 to the RFP.

1.2 The Requirements stated herein are current as of the date hereof, but they may change or be refined in the course of the evaluation of Proposals or otherwise.

1.3 Unless otherwise stated, if, and wherever, the Requirements state a brand name, a make, the name of a manufacturer, a trade name or a vendor catalogue number, it is for the purpose of establishing a grade or quality of materials, goods or equipment only. It is not intended to rule out the use of other equivalent materials, goods or equipment. If, however, products other than those specified are proposed in any Proposal, the Proposal must explicitly include the names of such products and their manufacturers, any trade names and any applicable vendor catalogue numbers, and the City may request that the Proponent provide specific evidence of equivalency. Evidence of quality in the form of samples may also be requested.

1.4 To the extent that the Requirements express estimates of quantities or volumes of goods or services expected to be required by the City, the City cannot offer any assurances that such quantities or volumes will in fact be required.

2.0 ITEMS TO BE ADDRESSED IN EACH PROPOSAL

2.1 Each Proposal should have: (i) a title page that clearly indicates the name of the Proponent and the general nature of the Proposal; (ii) a detailed table of contents; and (iii) an executive summary no more than one page long.

2.2 The sections of each Proposal should be arranged in the order in which they are referred to in this Part B and Annex 1.

2.3 Each Proposal should contain a section titled “Technical Proposal,” which should address the Requirements. This section of the Proposal should be divided into paragraphs that correspond to the numbered paragraphs of the foregoing Section 2, from 2.5 – 2.20 of this Part B and the numbered paragraphs/sections of Annex 1 Section 2.0 to 17.0 to the RFP.

2.4 Each Proposal should contain a section titled “Commercial Proposal,” which should contain full details of the Proponent’s proposed pricing and payment terms, which should be in accordance with Part A, Section 7.0 of the RFP together with a completed copy of Annex 2 – Pricing. Notwithstanding any other provision hereof, the Commercial Proposal should be contained in a separate envelope clearly marked “Commercial Proposal” and only one hardcopy of it is required (in addition to one electronic copy included along with the remainder of the Proposal in electronic format.

All prices are to be exclusive of applicable sales taxes calculated upon such prices, but inclusive of all other costs.




Reference should be made to the foregoing Section 1 of this Part B and Annex 1 to the RFP for any further requirements concerning pricing or payment terms, which should be addressed in each Proposal.

2.5 Each Proposal should contain a section titled “Proponent Overview,” which should provide a description of the Proponent’s company including legal name, jurisdiction of incorporation, purpose, history of successes, the number of years in business and company owners. In this section, each Proponent shall outline any affiliations to other companies. Describe why you feel your firm has the capacity to provide the items and services described in this RFP while maintaining quality customer service.

2.6 Each Proposal should contain a section titled “Key Personnel,” which should identify and provide professional biographical information for the key personnel that would perform the Proponent’s work, outlining their intended roles in meeting the Requirements. If appropriate, also include a complete organization chart, identifying all roles and areas of responsibility.

2.7 Preference may be given to Proponents and proposed personnel that demonstrate knowledge and experience involving supplying and delivering janitorial and cleaning supplies to organizations similar in size to the City. Each Proponent should make clear in its Proposal its relevant knowledge and experience, and that of its proposed personnel.

2.8 Each Proposal should contain a section titled “References,” which should provide names and contact information for approximately three parties for whom the Proponent has done work in the past.

Name and Address of Company

Contact Name, Telephone Number and Email Address

Brief Description of Goods/Services provided by

Proponent

2.9 Each Proposal should contain a section titled “Subcontractors,” which should list all of the subcontractors that the Proponent proposes to use in carrying out its work under an Agreement, or state that the Proponent does not propose to use any subcontractors. If selected to enter into an Agreement with the City, the Proponent may be limited to using subcontractors listed in its Proposal.

2.10 If the City objects to a subcontractor listed in a Proposal, the City may permit a Proponent to propose a substitute Subcontractor acceptable to the City.




2.11 Each Proposal should contain a section titled “Work Plan,” which should detail the sequential process by which the Proponent proposes to undertake the work, from the receipt of order, to packaging, and to the delivery at the destination, and which process should include a timeline as necessary. The Proponent’s work plan should make reference to the Requirements, and scope in Annex 1 as appropriate. This section of the Proposal may be completed by cross-referencing the “Technical Proposal” section where appropriate.

2.12 Each Proposal should contain a section titled “Account Management” which detail customer service processes and capabilities such as, but not limited to the order and delivery processes, the day-to-day services and other operational processes.

2.13 The City is committed to environmental and social sustainability. Therefore, each Proposal should contain a section titled “Sustainability,” wherein the Proponent should describe the environmental and social aspects of its Proposal, inclusive of a duly completion of:

a) Declaration of Supplier Code of Conduct Compliance in the form of Annex 3;

b) Vendor Sustainability Leadership Questionnaire in the form of Annex 4; and

c) Fleet Greenhouse Gas (GHG) Reductions and Packaging Waste Reductions as outlined in Annex 5.

2.14 Notwithstanding any other provision hereof, the City welcomes Proposals respecting innovative or novel approaches to the City’s objectives and requirements and may consider value-creating Proposals that derogate from the Requirements. Each Proposal should contain a section titled “Deviations and Variations,” in which the Proponent should: (i) note proposed deviations or variations from the terms and conditions set out in the RFP or from the Requirements, even if such deviations or variation are also noted elsewhere in the Proposal; and (ii) detail proposed amendments to the Form of Agreement. If no amendments to the Form of Agreement are proposed, the Proponent should state that its Proposal is fully consistent with the Form of Agreement.

2.15 If, in addition to proposing services which meet the Requirements, the Proponent wishes to offer an alternative service, the alternative service should be submitted separately as an appendix within the Proposal. Any pricing impact of the alternative services should be provided separately in the appendix.

2.16 Each Proponent should note Section 9 of Appendix 1 to Part C and should include in its Proposal a section entitled “Conflicts; Collusion; Lobbying” as necessary.

2.17 The sections of each Proposal should be arranged in the order in which they are referred to in this Part B. Proponents should avoid, to the extent possible, the inclusion of other top-level Proposal sections.




2.18 Each Proponent should submit with its Proposal a Certificate of Existing Insurance, in the form of Annex 7 to the RFP, duly completed and signed by its insurance agent or broker as evidence of its existing insurance, along with a letter from its insurance broker or agent indicating whether or not (and, if not, then to what extent) it will be able to comply with the insurance requirements set out in Section 5.2 of the Form of Agreement, should the Proponent be selected as a successful Proponent. (Any successful Proponent will also be required to provide proof of the satisfaction of all insurance requirements prior to or concurrently with the City entering into any Agreement).

2.19 Each Proponent should submit with its Proposal proof of valid WorkSafeBC registration. Such registration should be maintained as specified in Section 10.13 of the Form of Agreement.

2.20 Each Proposal must be submitted under the cover of a completed Proposal Form, including Appendix 1 thereto.


PART C – PROPOSAL FORM

June 25, 2015 Page C-1

PROPOSAL FORM

RFP No. PS20150508, Supply and Delivery of Janitorial and Cleaning Supplies (the “RFP”)

Proponent’s Name: “Proponent”

Address:

Jurisdiction of Legal Organization:

Date of Legal Organization:

Key Contact Person:

Telephone: Fax:

E-mail:

The Proponent, having carefully examined and read the RFP, including all amendments and addenda thereto, if any, and all other related information published on the City’s website, hereby acknowledges that it has understood all of the foregoing, and in response thereto hereby submits the enclosed Proposal.

The Proponent further acknowledges that it has read and agreed to the Legal Terms & Conditions attached as Appendix 1 hereto and has separately executed such Appendix 1. IN WITNESS WHEREOF the Proponent has executed this Proposal Form: Signature of Authorized Signatory for the Proponent Date Name and Title Signature of Authorized Signatory for the Proponent Date Name and Title




APPENDIX 1 TO PROPOSAL FORM

LEGAL TERMS AND CONDITIONS

1 APPLICATION OF THESE LEGAL TERMS AND CONDITIONS

These legal terms and conditions set out the City’s and the Proponent’s legal rights and obligations only with respect to the RFP proposal process and any evaluation, selection, negotiation or other related process. In no event will the legal terms and conditions of this Appendix 1 apply to, or have the effect of supplementing, any Contract formed between the City and the Proponent or otherwise apply as between the Proponent and the City following the signing of any such Contract.

2 DEFINITIONS

In this Appendix 1, the following terms have the following meanings:

(a) “City” means the City of Vancouver, a municipal corporation continued pursuant to the Vancouver Charter.

(b) “Contract” means a legal agreement, if any, entered into between the City and the Proponent as a result of the RFP.

(c) “Losses” means, in respect of any matter, all direct or indirect, as well as consequential: claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses (including without limitation all legal and other professional fees and disbursements, interest, penalties and amounts paid in settlement whether from a third person or otherwise).

(d) “Proponent” means the legal entity which has signed the Proposal Form, and “proponent” means any proponent responding to the RFP, excluding or including the Proponent, as the context requires.

(e) “Proposal” means the package of documents consisting of the Proposal Form (including this Appendix 1), the Proponent’s proposal submitted under cover of the Proposal Form, and all schedules, appendices and accompanying documents, and “proposal” means any proposal submitted by any proponent, excluding or including the Proponent, as the context requires.

(f) “Proposal Form” means that certain Part C of the RFP, completed and executed by the Proponent, to which this Appendix 1 is appended.

(g) “RFP” means the document issued by the City as Request for Proposals No. PS20150508, as amended from time to time and including all addenda.




3 NO LEGAL OBLIGATION ASSUMED BY THE CITY

Despite any other term of the RFP or the Proposal Form, including this Appendix 1 (except only Sections 7, 8.2 and 11 of this Appendix 1, in each case to the extent applicable), the City assumes no legal duty or obligation to the Proponent or to any proposed subcontractor in respect of the RFP, its subject matter or the Proposal unless and until the City enters into a Contract, which the City may decline to do in the City’s sole discretion.

4 NO DUTY OF CARE OR FAIRNESS TO THE PROPONENT

The City is a public body required by law to act in the public interest. In no event, however, does the City owe to the Proponent or to any of the Proponent’s proposed subcontractors (as opposed to the public) any contract or tort law duty of care, fairness, impartiality or procedural fairness in the RFP process, or any contract or tort law duty to preserve the integrity of the RFP process. The Proponent hereby waives and releases the City from any and all such duties and expressly assumes the risk of all Losses arising from participating in the RFP process on this basis.

5 EVALUATION OF PROPOSALS

5.1 Compliance / Non-Compliance

Any proposal which contains an error, omission or misstatement, which contains qualifying conditions, which does not fully address all of the requirements or expectations of the RFP, or which otherwise fails to conform to the RFP may or may not be rejected by the City at the City’s sole discretion. The City may also invite a proponent to adjust its proposal to remedy any such problem, without providing the other proponents an opportunity to amend their proposals.

5.2 Reservation of Complete Control over Process

The City reserves the right to retain complete control over the RFP and proposal processes at all times. Accordingly, the City is not legally obligated to review, consider or evaluate the proposals, or any particular proposal, and need not necessarily review, consider or evaluate the proposals, or any particular proposal, in accordance with the procedures set out in the RFP, and the City reserves the right to continue, interrupt, cease or modify its review, evaluation and negotiation processes in respect of any or all proposals at any time without further explanation or notification to any proponents.

5.3 Discussions/Negotiations

The City may, at any time prior to signing a Contract, discuss or negotiate changes to the scope of the RFP, any proposal or any proposed agreement with any one or more of the proponents without having any duty or obligation to advise the Proponent or to allow the Proponent to vary its Proposal as a result of such discussions or negotiations with other proponents or changes to the RFP or such proposals or proposed agreements, and, without limiting the general scope of Section 6 of this Appendix 1, the City will have no liability to the Proponent as a result of such discussions, negotiations or changes.




5.4 Acceptance or Rejection of Proposals

The City has in its sole discretion, the unfettered right to: accept any proposal; reject any proposal; reject all proposals; accept a proposal which is not the lowest-price proposal; accept a proposal that deviates from the requirements of the RFP or the conditions specified in the RFP; reject a proposal even if it is the only proposal received by the City; accept all or any part of a proposal; enter into agreements respecting the subject matter of the RFP with one or more proponents; or enter into one or more agreements respecting the subject matter of the RFP with any other person at any time.

6 PROTECTION OF CITY AGAINST LAWSUITS

6.1 Release by the Proponent

Except only and to the extent that the City is in breach of Section 8.2 of this Appendix 1, the Proponent now releases the City, its officials, its agents and its employees from all liability for any Losses incurred in connection with the RFP or the Proposal, including any Losses in connection with:

(a) any alleged (or judicially determined) breach by the City or its officials, agents or employees of the RFP (it being agreed that, to the best of the parties’ knowledge, the City has no obligation or duty under the RFP which it could breach (other than wholly unanticipated obligations or duties merely alleged or actually imposed judicially))

(b) any unintentional tort of the City or its officials or employees occurring in the course of conducting the RFP process,

(c) the Proponent preparing and submitting the Proposal;

(d) the City accepting or rejecting the Proposal or any other submission; or

(e) the manner in which the City: reviews, considers, evaluates or negotiates any proposal; addresses or fails to address any proposal or proposals; resolves to enter into a Contract or not enter into a Contract or any similar agreement; or the identity of the proponent(s) or other persons, if any, with whom the City enters any agreement respecting the subject matter of the RFP.

6.2 Indemnity by the Proponent

Except only and to the extent that the City breaches Section 8.2 of this Appendix 1, the Proponent indemnifies and will protect, save and hold harmless the City, its officials, its agents and its employees from and against all Losses, in respect of any claim or threatened claim by the Proponent or any of its proposed subcontractors or agents alleging or pleading:

(a) any alleged (or judicially determined) breach by the City or its officials or employees of the RFP (it being agreed that, to the best of the parties’ knowledge, the City has no obligation or duty under the RFP which it could breach (other than wholly unanticipated obligations or duties merely alleged or actually imposed judicially));




(b) any unintentional tort of the City or its officials or employees occurring in the course of conducting the RFP process, or

(c) liability on any other basis related to the RFP or the proposal process.

6.3 Limitation of City Liability

In the event that, with respect to anything relating to the RFP or this proposal process (except only and to the extent that the City breaches Section 8.2 of this Appendix 1), the City or its officials, agents or employees are found to have breached (including fundamentally breached) any duty or obligation of any kind to the Proponent or its subcontractors or agents whether at law or in equity or in contract or in tort, or are found liable to the Proponent or its subcontractors or agents on any basis or legal principle of any kind, the City’s liability is limited to a maximum of $100, despite any other term or agreement to the contrary.

7 DISPUTE RESOLUTION

Any dispute relating in any manner to the RFP or the proposal process (except to the extent that the City breaches this Section 7 or Section 8.2 of this Appendix 1, and also excepting any disputes arising between the City and the Proponent under a Contract (or a similar contract between the City and a proponent other than the Proponent)) will be resolved by arbitration in accordance with the Commercial Arbitration Act (British Columbia), amended as follows:

(a) The arbitrator will be selected by the City’s Director of Legal Services;

(b) Section 6 of this Appendix 1 will:

i. bind the City, the Proponent and the arbitrator; and

ii. survive any and all awards made by the arbitrator; and

(c) The Proponent will bear all costs of the arbitration.




8 PROTECTION AND OWNERSHIP OF INFORMATION

8.1 RFP and Proposal Documents City’s Property

(a) All RFP-related documents provided to the Proponent by the City remain the property of the City and must be returned to the City, or destroyed, upon request by the City.

(b) The documentation containing the Proposal, once submitted to the City, becomes the property of the City, and the City is under no obligation to return the Proposal to the Proponent.

8.2 Proponent’s Submission Confidential

Subject to the applicable provisions of the Freedom of Information and Protection of Privacy Act (British Columbia), other applicable legal requirements, and the City’s full right to publicly disclose any and all aspects of the Proposal in the course of publicly reporting to the Vancouver City Council on the proposal results or announcing the results of the RFP, the City will treat the Proposal (and the City’s evaluation of it), in confidence in substantially the same manner as it treats its own confidential material and information.

8.3 All City Information Confidential

(a) The Proponent will not divulge or disclose to any third parties any non-public documents or information concerning the affairs of the City which have been or are in the future provided or communicated to the Proponent at any time (whether before, during or after the RFP process). Furthermore, the Proponent agrees that it has not and must not use or exploit any such non-public documents or information in any manner, including in submitting its Proposal.

(b) The Proponent now irrevocably waives all rights it may have by statute, at law or in equity, to obtain any records produced or kept by the City in evaluating its Proposal (and any other submissions) and now agrees that under no circumstances will it make any application to the City or any court for disclosure of any records pertaining to the receipt, evaluation or selection of its Proposal (or any other submissions) including, without limitation, records relating only to the Proponent.

9 NO CONFLICT OF INTEREST / NO COLLUSION / NO LOBBYING

9.1 Declaration as to no Conflict of Interest in RFP Process

(a) The Proponent confirms and warrants that there is no officer, director, shareholder, partner, employee or contractor of the Proponent or of any of its proposed subcontractors, or any other person related to the Proponent’s or any proposed subcontractor’s organization (a “person having an interest”) or any spouse, business associate, friend or relative of a person having an interest who is:

i. an official or employee of the City; or




ii. related to or has any business or family relationship with an elected official or employee of the City,

in each case, such that there could be any conflict of interest or any appearance of conflict of interest in the evaluation or consideration of the Proposal by the City, and, in each case, except as set out, in all material detail, in a separate section titled “Conflicts; Collusion; Lobbying” in the Proposal.

(b) The Proponent confirms and warrants that there is no person having an interest (as defined above) who is a former official, former employee or former contractor of the City and who has non-public information relevant to the RFP obtained during his or her employment or engagement by the City, except as set out, in all material detail, in a separate section titled “Conflicts; Collusion; Lobbying” in the Proposal.

9.2 Declaration as to No Conflict of Interest Respecting Proposed Supply

The Proponent confirms and warrants that neither the Proponent nor any of its proposed subcontractors is currently engaged in supplying (or is proposing to supply) goods or services to a third party such that entering into an agreement with the City in relation to the subject matter of the RFP would create a conflict of interest or the appearance of a conflict of interest between the Proponent’s duties to the City and the Proponent’s or its subcontractors’ duties to such third party, except as set out, in all material detail, in a separate section titled “Conflicts; Collusion; Lobbying” in the Proposal.

9.3 Declaration as to No Collusion

The Proponent confirms and warrants that:

(a) the Proponent is not competing within the RFP process with any entity with which it is legally or financially associated or affiliated, and

(b) the Proponent is not cooperating in any manner in relation to the RFP with any other proponent responding to the RFP.

in each case, except as set out, in all material detail, in a separate section titled “Conflicts, Collusion, Lobbying” in the Proposal.

9.4 Declaration as to Lobbying

The Proponent confirms and warrants that:

(a) neither it nor any officer, director, shareholder, partner, employee or agent of the Proponent or any of its proposed subcontractors is registered as a lobbyist under any lobbyist legislation in any jurisdiction in Canada or in the United States of America; and

(b) neither it nor any officer, director, shareholder, partner, employee or agent of the Proponent or any of its proposed subcontractors has engaged in any form of political or other lobbying whatsoever with respect to the RFP or sought, other




than through the submission of the Proposal, to influence the outcome of the RFP process,

in each case as set out, in all material detail, in a separate section titled “Conflicts, Collusion, Lobbying” in the Proposal.

10 NO PROMOTION OF RELATIONSHIP

The Proponent must not disclose or promote any relationship between it and the City, including by means of any verbal declarations or announcements and by means of any sales, marketing or other literature, letters, client lists, press releases, brochures, web sites or other written materials (whether in print, digital, electronic or other format) without the express prior written consent of the City. The Proponent undertakes not to use the name, official emblem, mark, or logo of the City, including without limitation, “City of Vancouver”, “Vancouver Police Board”, “Vancouver Public Library”, “Vancouver Park Board”, “Vancouver Board of Parks and Recreation”, or any other reference to any of the foregoing, without the express prior written consent of the City.

11 GENERAL

(a) All of the terms of this Appendix 1 to this Proposal Form which by their nature require performance or fulfillment following the conclusion of the proposal process will survive the conclusion of such process and will remain legally enforceable by and against the Proponent and the City.

(b) The legal invalidity or unenforceability of any provision of this Appendix 1 will not affect the validity or enforceability of any other provision of this Appendix 1, which will remain in full force and effect.

(c) The Proponent now assumes and agrees to bear all costs and expenses incurred by the Proponent in preparing its Proposal and participating in the RFP process.

(d) The Proponent consents to the City contacting any references named by the Proponent in the Proposal.

AS EVIDENCE OF THE PROPONENT’S INTENT TO BE LEGALLY BOUND BY THIS APPENDIX 1, THE PROPONENT HAS EXECUTED AND DELIVERED THIS APPENDIX 1 AS AN INTEGRAL PART OF ITS PROPOSAL FORM IN THE MANNER AND SPACE SET OUT BELOW: Signature of Authorized Signatory for the Proponent Date Name and Title Signature of Authorized Signatory for the Proponent Date Name and Title


PART D – FORM OF AGREEMENT

SUPPLY AGREEMENT

BETWEEN:

<SUPPLIER NAME>

AND:

CITY OF VANCOUVER

RELATING TO SUPPLY AND DELIVERY OF JANITORIAL AND CLEANING SUPPLIES

DATED <>



Page D-1

SUPPLY AGREEMENT

THIS AGREEMENT is made as of <>

BETWEEN:

<SUPPLIER NAME>, a <corporation> organized under the laws of <> and having an office at <>

(hereinafter referred to as the “Supplier”)

AND:

CITY OF VANCOUVER, a municipal corporation continued under the Vancouver Charter (British Columbia) and having an office at 453 West 12th Avenue, Vancouver, British Columbia, V5Y 1V4

(hereinafter referred to as the “City”)

WHEREAS the Supplier is in the business of <>;

AND WHEREAS the City wishes to purchase janitorial and cleaning supplies, upon and subject to the terms and conditions hereinafter set forth,

NOW THEREFORE, in consideration of the premises and the covenants herein contained, the parties hereto agree as set forth herein.

TABLE OF CONTENTS – SUPPLY AGREEMENT

Page D-2

TABLE OF CONTENTS

Page Page

ARTICLE 1 INTERPRETATION 4

1.1 Definitions 4

1.2 Headings 8

1.3 Extended Meanings 8

1.4 Schedules 9

ARTICLE 2 EFFECTIVENESS 9

2.1 Effective Date 9

2.2 Term 9

ARTICLE 3 SUPPLY; GENERAL TERMS 10

3.1 Supply 10

3.2 Orders 10

3.3 Product and Supply Requirements 10

3.4 Delivery Requirements 11

3.5 Rejection of Defective Products 12

3.6 Risk and Title 13

3.7 Certain Supplier Representations and Warranties 13

3.8 Product Warranties 14

3.9 No Exclusivity 14

3.10 Absence of Conflicts of Interest 14

ARTICLE 4 PAYMENT 15

4.1 Payment to the Supplier 15

4.2 Content of Invoices 15

4.3 Procedure for Invoices 16

4.4 Currency of Payment 16

4.5 Set Off 16

ARTICLE 5 LIABILITYAND INSURANCE 16

5.1 Indemnification by the Supplier 16

5.2 Insurance 17

ARTICLE 6 FORCE MAJEURE; TERMINATION 18

6.1 Force Majeure 18

6.2 Purchaser Termination Rights 18

6.3 Supplier Termination Rights 19

6.4 Consequences of Termination 19

ARTICLE 7 RIGHTS AND OBLIGATIONS CONCERNING INFORMATION 19

7.1 Freedom of Information and Protection of Privacy Act 19

7.2 No Promotion 20

7.3 Confidentiality Obligation 20

TABLE OF CONTENTS – SUPPLY AGREEMENT

Page D-3

7.4 Disclosure to Representatives 20

7.5 Disclosures Required by Law 20

7.6 Other Disclosures by the City 20

ARTICLE 8 TAXES 20

8.1 Taxes for Own Accounts 20

8.2 Withholding Taxes 21

ARTICLE 9 DISPUTE RESOLUTION 21

9.1 Optional Procedure 21

9.2 Arbitration 21

ARTICLE 10 MISCELLANEOUS 22

10.1 Assignment 22

10.2 Subcontracting 22

10.3 Time of the Essence 22

10.4 Costs 22

10.5 Benefit of this Agreement 23

10.6 Entire Agreement 23

10.7 Amendments and Waiver 23

10.8 Order of Preference 23

10.9 Notices 23

10.10 Governing Law and Jurisdiction 24

10.11 Further Assurances 25

10.12 Severance 25

10.13 WorkSafeBC 25

10.14 Counterparts 25

10.15 Electronic Execution 26

10.16 Voluntary Agreement 26

SCHEDULE A - PRODUCTS AND PRICES 27

SCHEDULE B - PRODUCT SPECIFICATIONS 28

SUPPLY AGREEMENT

Page D-4

ARTICLE 1 INTERPRETATION

1.1 Definitions

In this Agreement, unless something in the subject matter or context is inconsistent therewith:

(a) “Agreement” means this agreement, including the schedules hereto, and all amendments made hereto or thereto by written agreement between the Parties;

(b) “Business Day” means a day that is not a Saturday, a Sunday or a public holiday in Vancouver, British Columbia;

(c) “Competent Authority” means:

(i) any multinational, federal, provincial, state, regional, municipal, local or other government or governmental body and any ministry, department, division, bureau, agent, agency, commission, board or authority of any government or governmental body, domestic or foreign;

(ii) any domestic, foreign or international judicial, quasi-judicial or administrative court, tribunal, commission, board, panel, arbitrator or arbitral body acting under the authority of any of the foregoing; or

(iii) any quasi-governmental or private body exercising any statutory, regulatory, expropriation or taxing authority under the authority of any of the foregoing;

(d) “Confidential Information” means all or any confidential information (however recorded or preserved) disclosed before, on or after the date of this Agreement by either Party or any of its Representatives to the other Party or its Representatives in connection with this Agreement, concerning:

(i) this Agreement; or

(ii) the affairs, operations, processes, know-how, suppliers, plans or intentions of the disclosing Party or of any member of the disclosing Party’s Group, including, without limitation, any information which is not generally known to the public or which has been specifically identified as confidential or proprietary by the disclosing Party,

but does not include:

(iii) any information that is or becomes generally available to the public or to industry professionals (other than as a result of its disclosure by the receiving Party or its Representatives in breach of this Agreement);

(iv) any information that was available to the receiving Party on a non-confidential basis prior to disclosure by the disclosing Party;

SUPPLY AGREEMENT

Page D-5

(v) any information that was, is or becomes available to the receiving Party on a non-confidential basis from a person who, to the receiving Party’s knowledge, is not bound by a confidentiality agreement or other duty of confidentiality with or to the disclosing Party or a member of the disclosing Party’s Group or otherwise prohibited from disclosing the information to the receiving Party;

(vi) any information that was known to the receiving Party before the information was disclosed to it by the disclosing Party or its Representatives and was not subject to a confidentiality agreement or other duty of confidentiality (including any obligation under this Agreement) with or to the disclosing Party or a member of the disclosing Party’s Group;

(vii) any information that the Parties agree in writing is not confidential or may be disclosed; and

(viii) any information unrelated to this Agreement that is developed by or for the receiving Party independently of and without reference to the information disclosed by the disclosing Party;

(e) “Consent” means an approval, clearance, registration, franchise, right, privilege, certification, quota, consent, permit, licence, qualification, filing, exemption, certificate or permission and any such other matter or authorization whatsoever, including any condition thereof, that is lawfully and necessarily required from any Competent Authority in connection with the Supply;

(f) “Delivery” means the delivery of the Products in an Order in accordance with Section 3.4;

(g) “Delivery Date” means the date specified in an Order that the Supplier shall deliver Products set out in an Order, which is 48 hours after the City places the Order;;

(h) “Delivery Location” has the meaning ascribed to such term in Section 3.2(b)(iv);

(i) “Effective Date” has the meaning ascribed to such term in Section 2.1;

(j) “Encumbrance” means any mortgage, charge, pledge, hypothecation, security interest, assignment, lien or claim of lien (statutory or otherwise), easement, deemed or statutory trust, restrictive covenant, adverse claim, exception, reservation, right of occupation, any matter capable of registration against title, right of pre-emption, privilege or other encumbrance or third party right of any nature or any other arrangement or condition that, in substance, secures payment or performance of an obligation;

(k) “Force Majeure” means, exhaustively, any:

(i) war, hostilities (whether war is declared or not), invasion, act of foreign enemies;

SUPPLY AGREEMENT

Page D-6

(ii) rebellion, terrorism (or threat of terrorism), revolution, insurrection, military or usurped power or civil war;

(iii) riot, civil commotion or disorder, strike or lockout by persons other than the Supplier’s personnel and other employees, Subcontractors or any other person for whom the Supplier is responsible;

(iv) natural catastrophe, such as an earthquake, forest fire, landslide or flood; or

(v) change in Law or action by a Competent Authority, which makes it illegal or impossible for a Party to perform its obligations under this Agreement;

(l) “Group” means:

(i) in respect of the Supplier, the group constituted from time to time by:

(A) the Supplier;

(B) all persons that directly or indirectly control or are controlled by the Supplier; and

(C) all persons that are directly or indirectly controlled by any person that directly or indirectly controls the Supplier; and

(ii) in respect of the City, the group constituted from time to time by:

(A) the City; and

(B) all bodies corporate directly or indirectly controlled by the City.

(m) “Intellectual Property Rights” means any and all current and future proprietary rights provided under patent law, copyright law, design patent or industrial design law, or any other applicable statutory provision or common law principle, including trade secret law, that may provide a right in ideas, formulae, algorithms, concepts, inventions, know-how, computer software, database or design, or the expression or use thereof, whether registered or unregistered, together with any right to apply for or register any of the foregoing;

(n) “Laws” means all laws, statutes, codes, ordinances, decrees, rules, regulations, by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings, determinations or awards of any Competent Authority whether or not having the force of law and any legal requirements or bases of liability under the common law or civil law, including all such Laws relating to Taxes, the environment, human health or safety, pollution and other environmental degradation, and hazardous materials;

(o) Intentionally omitted

SUPPLY AGREEMENT

Page D-7

(p) “Order” means an order for Products submitted by the City in accordance with Section 3.2, which may be titled “Purchase Order”;

(q) Intentionally omitted

(r) “Parties” means the City and the Supplier and “Party” means one of them or any of them, as the context requires;

(s) “Permitted Purpose” has the meaning ascribed thereto in Section 7.1;

(t) “Products” means the products set out in Schedule A, and, where the context requires, Products ordered or supplied hereunder;

(u) “Proposal” means the Supplier’s proposal dated <>, submitted by the Supplier to the City in response to the RFP;

(v) “Representative” means a Group member of a Party, or an official, officer, employee, agent, subcontractor or other representative of a Party or any member of its Group, or any other person for whom the Party is responsible;

(w) “RFP” means the City’s Request for Proposal number PS20150508;

(x) “Sales Tax” has the meaning ascribed to such term in Section 8.1;

(y) “Specifications” means, for each Product, the specifications therefor set forth in Schedule B;

(z) “Subcontractor” means any person engaged by the Supplier to perform any part of the Supply;

(aa) “Supply” means the supply of Products by the Supplier to the City pursuant to Orders;

(bb) “Taxes” means all taxes, duties, imposts, levies, assessments, tariffs and other charges imposed, assessed or collected by a Competent Authority, including:

(i) any gross income, net income, gross receipts, business, royalty, capital, capital gains, goods and services, harmonized sales, value added, severance, stamp, franchise, occupation, premium, capital stock, sales and use, real property, land transfer, personal property, ad valorem, transfer, licence, import, customs, profits, windfall profits, environmental, carbon, emissions, pollution, payroll, employment, employer health, pension plan, anti-dumping, countervailing, or excise tax, duty, import, levy, assessment, tariff or other charge;

(ii) all withholdings on amounts paid to or by the relevant person;

(iii) all statutory remittances, employment insurance premiums and social security or pension plan contributions or premiums and Canada pension plan contributions;

(iv) any fine, penalty, interest or addition to tax;

SUPPLY AGREEMENT

Page D-8

(v) any tax imposed, assessed, or collected or payable pursuant to any tax-sharing agreement or any other contract relating to the sharing or payment of any such tax, levy, assessment, tariff, duty, deficiency or fee; and

(vi) any liability for any of the foregoing as a transferee, successor, guarantor, or by contract or by operation of law.

1.2 Headings

This division of this Agreement into articles and sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement. The terms “hereof”, “hereunder” and similar expressions refer to this Agreement, including its schedules, and not to any particular article, section or other portion hereof. Unless something in the subject matter or context is inconsistent therewith, references herein to articles, sections and schedules are to articles, sections and schedules of this Agreement.

1.3 Extended Meanings

In this Agreement:

(a) words importing the singular include the plural and vice versa, words importing a gender include all genders and words importing persons include individuals, partnerships, associations, trusts, unincorporated organizations and corporations, except where the context requires otherwise;

(b) any provision calling for “agreement” requires the relevant agreement to be recorded in writing and signed by both Parties;

(c) the words “include”, “includes”, “including” and “included” shall be construed without implying limitation by the words which follow those words and without prejudice to the generality of the provisions to which such words relate, unless inconsistent with the context;

(d) the rule of interpretation known as ejusdem generis shall not apply;

(e) each reference to a specific statute, regulation, law or any subordinate instrument or statutory or regulatory provision shall be construed as including any legal or regulatory provision which subsequently amends or replaces the same, and shall include any and all subordinate instruments, orders, rules, regulations and bylaws made thereunder or guidelines issued in respect thereof;

(f) each reference to a writing means a writing that is hand-written, type-written, printed or electronically made, and which results in a permanent un-editable record; and

(g) “control” when used to describe a relationship between one person and any other person, has the following meanings:

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(i) a person controls a body corporate if securities of the body corporate to which are attached more than 50% of the votes that may be cast to elect directors of the body corporate are beneficially owned by the person and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate;

(ii) a person controls an unincorporated entity, other than a limited partnership, if more than 50% of the ownership interests, however designated, into which the entity is divided are beneficially owned by that person and the person is able to direct the business and affairs of the entity;

(iii) the general partner of a limited partnership controls the limited partnership; and

(iv) a person who controls an entity is deemed to control any entity that is controlled, or deemed to be controlled, by the entity.

1.4 Schedules

The following are the schedules hereto, each of which is deemed to be part hereof:

Schedule A Product and Prices Schedule B Product Specifications Schedule C Delivery Locations for the City of Vancouver Schedule D Supplier’s Response to RFP, as accepted by the City

ARTICLE 2 EFFECTIVENESS

2.1 Effective Date

This Agreement shall come into full force and effect on the date hereof (the “Effective Date”).

2.2 Term

(a) Unless earlier terminated pursuant to ARTICLE 6 and subject to the below Section 2.2(b), this Agreement shall terminate on the third anniversary of the Effective Date or on such later date as the Parties may agree in writing.

(b) Subject to termination pursuant to ARTICLE 6, but notwithstanding Section 2.2a, the term of this Agreement may be extended for up two successive one-year periods following the third anniversary of the Effective Date, at the option of the City, upon written notice from the City to the Supplier.

(c) Notwithstanding the foregoing, if the City and the Supplier continue to deal with each other in respect of the subject matter of this Agreement following the expiry of this Agreement, without any additional or other written agreement in respect thereof, this Agreement shall be deemed to have been

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renewed on a month-to-month basis on the same terms and conditions as before the expiry of the Agreement and it may be cancelled without cause by either party on thirty (30) days’ prior written notice to the other.

ARTICLE 3 SUPPLY; GENERAL TERMS

3.1 Supply

(a) During the term of effectiveness of this Agreement, the Supplier shall supply, and the City shall purchase, such quantities of Products as the City may order under Section 3.2, in accordance with this Agreement.

(b) The Supplier shall maintain at all times sufficient inventories of the Products to meet the business plans and requirements of the City.

(c) Without limiting the foregoing Section 3.1(a) the RFP contains a current estimate of the City’s Product requirements for each of the three successive 12 month periods beginning on the Effective Date. The Supplier acknowledges such estimates and affirms its capacity to supply Products to the City in accordance therewith; although the City can offer no assurances that it shall purchase Products in accordance with such estimates.

3.2 Orders

(a) The City may deliver Orders to the Supplier from time to time during the term of effectiveness of this Agreement.

(b) Each Order shall:

(i) be given in writing;

(ii) refer to this Agreement;

(iii) specify the Products ordered; and

(iv) specify the Delivery Date, and the Delivery Location, provided that the Delivery Location for each Order must be one of the City of Vancouver Delivery Locations, as set out in Schedule C.

3.3 Product and Supply Requirements

(a) The Supplier shall manufacture, pack, transport and supply the Products (in each case to the extent applicable) in accordance with all:

(i) Product manufacturer recommendations and requirements;

(ii) generally accepted industry standards and practices; and

(iii) applicable Laws.

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(b) The Products supplied to the City by the Supplier under this agreement shall:

(i) be new;

(ii) conform to the Specifications;

(iii) be free from defects in design, material and workmanship and remain so for 12 months after Delivery; and

(iv) comply with all applicable Laws.

(c) The Supplier shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition.

(d) The Supplier shall obtain and maintain in force at all times all Consents needed to manufacture (if applicable) and supply the Products in accordance with the terms of this Agreement.

(e) The Supplier shall ensure that title in Products supplied by the Supplier hereunder, when such title passes to the City hereunder, shall be free and clear of Encumbrances. The Supplier shall not enter any contract that reserves ownership of Products supplied by the Supplier hereunder in favour of any third party and, at the request of the City, the Supplier must provide evidence that no such contract has been entered into.

(f) The Supplier shall adhere to, and shall ensure that the Products and Supply conform to, the City’s Supplier Code of Conduct referred to in Annex 3 of the RFP PS20150508.

3.4 Delivery Requirements

(a) The Supplier shall deliver the Products in an Order to the Delivery Location by the applicable Delivery Date. If the Delivery Date is on a day that is not a Business Day, the Supplier shall deliver the Products on the next Business Day.

(b) Delivery will be complete when the Supplier unloads the Products at the Delivery Location.

(c) The Supplier shall only deliver a complete Order, unless the City provides its prior written consent to receive an instalment of an Order.

(d) If the Products specified in an Order are not delivered in accordance herewith by the specified Delivery Date, then, without limiting any other right or remedy the City may have under this Agreement or otherwise, the City may:

(i) refuse to take any subsequent attempted delivery of such Products associated with such Order;

(ii) obtain substitute products from another supplier and recover from the Supplier any costs and expenses reasonably incurred by the City in obtaining such substitute products; or

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(iii) claim damages against the Supplier for any other costs, expenses or losses resulting from the Supplier's failure to deliver the Products specified in the Order by the Delivery Date,

provided that the Supplier shall have no liability for any failure or delay in delivering the Products specified in an Order to the extent that such failure or delay is caused by the City’s failure to comply with its obligations under this Agreement.

(e) Each shipment of Products shall be accompanied by a delivery document from the Supplier showing the Order number, the date of the Order, the type and quantity of Products included in the Order, and, in the case of an Order being delivered by instalments, the outstanding balance of Products remaining to be delivered.

(f) The Supplier shall inform the City in writing on the delivery document accompanying any Products for which the Supplier requires the City to return any shipping containers, or other packaging or shipping materials, to the Supplier. The Supplier shall bear any and all costs for the return of any shipping containers or other packaging or shipping materials.

(g) If any Products originate outside Canada, the Supplier shall be responsible for all customs and import Taxes, costs, expenses, administrative duties and formalities.

3.5 Rejection of Defective Products

(a) The City shall not be deemed to have accepted any particular Products until it has had a reasonable time to inspect them following Delivery, or, in the case of a latent defect in the Products, until a reasonable time after the latent defect has become apparent.

(b) If any Products delivered to the City do not comply with the Specifications, or are otherwise not in conformity with the terms of this Agreement, then, without limiting any other right or remedy that the City may have, the City may at any time reject those Products and:

(i) require the Supplier to remove the rejected Products from any City facility or work site at the Supplier’s risk and expense within two Business Days of being requested to do so;

(ii) require the Supplier to repair or replace the rejected Products at the Supplier’s risk and expense within two Business Days of being requested to do so;

(iii) require the Supplier to repay the price of the rejected Products in full (whether or not the City has previously required the Supplier to repair or replace the rejected Products); and

(iv) claim damages for any other costs, expenses or losses resulting from the Supplier's delivery of Products that are not in conformity with the terms of this Agreement.

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(c) The City’s rights and remedies under this Section 3.5 are in addition to the rights and remedies available to it under ARTICLE 5, ARTICLE 6 and applicable Laws.

(d) The terms of this Agreement shall apply to any repaired or replacement Products supplied by the Supplier pursuant to Section 3.5(b).

(e) If the Supplier fails to promptly repair or replace rejected Products in accordance with clause 3.5(b), the City may, without affecting any of its other rights hereunder, obtain substitute products from a third-party supplier, or have the rejected Products repaired by a third party, and the Supplier shall reimburse the City for the costs it incurs in doing so.

3.6 Risk and Title

(a) Notwithstanding Section 3.4(b) any risk and title to Products delivered to the City hereunder shall pass to the City after the City has had reasonable time to inspect the Products and accepts the Products, pursuant to Section 3.5. After the City’s acceptance of the Products, the Supplier shall deliver to the City any documentation, including a bill of sale, which the City may reasonably require to evidence the transfer of title in and to Products to the City, free and clear of all Encumbrances.

.

3.7 Certain Supplier Representations and Warranties

The Supplier represents and warrants that:

(a) the Supplier has the full right, power, and authority to enter into this Agreement and to perform the Supply;

(b) Supplier is a <> duly organized, validly existing and in good standing under the laws of <> and is lawfully authorized to do business in the Province of British Columbia;

(c) the Supplier is not a party to or bound by any agreement (written or oral), indenture, instrument, licence, permit or understanding or other obligation or restriction under the terms of which the execution, delivery or performance of this Agreement does or shall constitute or result in a violation or breach;

(d) The Supplier has a valid City of Vancouver business license or a Metro West Inter-Municipal business license that applies to all of the Supply;

(e) all statements made by the Supplier in its Proposal are true and accurate;

(f) the Supplier is an authorized distributor of the Products;

(g) the Supplier and the Supplier’s personnel and Subcontractors have the skills, training, experience and expertise which are necessary to supply the Products in accordance with the terms of this Agreement; and

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(h) the prices set out in Schedule A will remain in effect until the third anniversary of the Effective Date.

3.8 Product Warranties

(a) All Products provided under the Agreement as part of the Supply shall be new and fully warranted for a period of 1 year from the time of delivery to the City, against defects in design, manufacturing, materials, workmanship and performance, and the Supplier affirms and covenants that such warranty is, and shall be, provided by the Supplier if and to the extent it is not fully and effectively provided to the City by a third-party manufacturer of any Product.

(b) All Products provided under the Agreement shall be non-defective and fit for their respective intended purposes, shall function correctly, as intended, and shall be safe.

(c) All costs associated with warranty replacements or repairs shall be the responsibility of the Supplier, including repair, adjustment, and shipping costs, and replacements of Products.

(a) If requested by the City, the Supplier shall handle and manage any claim on a manufacturer warranty for any defect in any Product.

(d) The Supplier shall deliver to the City all such documentation as the City may require to evidence any warranty required by this Section 3.8 or to evidence the Supplier’s compliance with this Section 3.8, and the Supplier shall assign all warranties, and do all other things necessary, to ensure that the City receives the full benefit of each warranty or other covenant set forth in this Section 3.8.

(e)

3.9 No Exclusivity

(a) The City intends to use the Supplier as a preferred supplier of the Products; however the City is not bound to treat the Supplier as its exclusive supplier of any Products.

(b) The City shall be entitled, in its sole discretion, to purchase products of the same type as, or similar to, the Products, from any supplier at any time.

3.10 Absence of Conflicts of Interest

(a) Neither the Supplier, nor any of its Representatives has given or shall give or offer to give to the City or any official, officer, employee or agent of the City any gratuity, reward, advantage or benefit of any kind as consideration for doing or forbearing to do, or for having done or forborne to do, any act in connection with this Agreement.

(b) To the best of the Supplier’s knowledge, the Supplier, its Subcontractors, and their respective directors, officers, employees and agents have no pecuniary interests or any other current or past interests or dealings, including with any

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officials, officers or employees of the City, that would cause any conflict of interest or be seen to cause a conflict of interest in respect of the Supply. Should such a conflict or perceived conflict arise during the term of this Agreement, the Supplier shall declare it immediately in writing to the City. The City may direct the Supplier to resolve any conflict or perceived conflict to the satisfaction of the City. The Supplier warrants that neither the Supplier nor any of its Subcontractors, or any of their respective directors, officers, employees or agents, has any predisposition, affinity or association with any third party which would impair or be seen to impair or qualify the Supplier’s provision of the Supply.

ARTICLE 4 PAYMENT

4.1 Payment to the Supplier

(a) The Supplier shall be entitled to invoice the City for each Order made by the City, on or at any time after Delivery.

(b) Subject to ARTICLE 6, the City shall pay the Supplier in respect of each Order in accordance with Section 4.3, Schedule A and ARTICLE 8, following the receipt of an invoice relating to such Order prepared and delivered in accordance with Section 4.1(a), Section 4.2 and Section 4.3.

(c) Notwithstanding any other provisions of this Agreement, the Supplier shall not be entitled to payment for any Supply that has not been performed in compliance with the provisions of this Agreement.

4.2 Content of Invoices

(a) Each of the Supplier’s invoices shall set out, at a minimum (and in such form or format as required by the City):

(i) the relevant Order number;

(ii) the invoice date;

(iii) an itemized list of the amounts owing and details of any applicable taxes;

(iv) a description of the Products to which the invoice relates; and

(v) the total amount payable under the invoice; and

(vi) such other information as the City may require from time to time.

(b) Any terms or conditions proposed by the Supplier to govern the Supply that are contained in any invoice (or in any shipping document, packing list or similar document) are void and of no effect, notwithstanding any statement in such document concerning the means by which the City may accept or be deemed to accept such terms or conditions.

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4.3 Procedure for Invoices

(a) The Supplier shall address each of its invoices to the City, Attention: Accounts Payable, and email it to [email protected], or to such other address as is specified in the relevant Order. The City shall thereafter pay the invoice within 30 days, provided the other requirements of this Agreement have been satisfied and subject to the other provisions hereof.

(b) The City shall not be liable for any interest on any invoice amount in respect of any period for any reason.

(c) The City expects to make payments by electronic funds transfer and the Supplier shall provide banking information to the City to enable it to do so.

4.4 Currency of Payment

All prices stated herein are denominated in, all invoices hereunder shall be stated in, and all payments hereunder shall be made in, Canadian dollars.

4.5 Set Off

Notwithstanding any provision to the contrary in this Agreement and without prejudice to any other remedy which the City may have (whether in common law or equity), the City shall be entitled to deduct from and set off against any sum(s) otherwise due to the Supplier hereunder any sums which are due from the Supplier to the City or which the Supplier is liable to pay to the City under this Agreement or in connection herewith (including without limitation any monies overpaid to the Supplier under this Agreement or otherwise due and payable to the City by reason of any error in payment under this Agreement).

ARTICLE 5 LIABILITY AND INSURANCE

5.1 Indemnification by the Supplier

(a) The Supplier shall indemnify and keep indemnified and hold the City, the Other City Entities and their respective officials, officers, employees and agents harmless against all losses, liabilities, claims, demands, costs and expenses (including legal fees), fines, penalties or charges (including those imposed by statute or otherwise imposed), arising out of, in connection with or consisting of:

(i) any loss or damage arising from a claim by any third party concerning or arising out of the Supply or the use of the Products, to the extent that such claim arises out of any negligence, wilful misconduct or failure to adhere to this Agreement by the Supplier or any of its Representatives;

(ii) any occupational illness, injury or death of any person, which occurs during, or as a result of, the Supply or the use of the Products, to the extent that such illness, injury or death is attributable to the acts or

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omissions of the Supplier or any of its Representatives or is attributable to a Product attribute, feature, defect or failure;

(iii) any other failure by the Supplier to fully comply with the provisions of this Agreement;

(iv) any defect in any of the Products or any failure of any Product or any failure of any Product to meet reasonable safety standards or applicable safety requirements;

(v) a breach by the Supplier or any Subcontractor of any Law in the course of, or as a result of, the provision of the Supply;

(vi) any actual or alleged infringement of any Intellectual Property Rights caused by the Supply or the use of the Products, and

(vii) any breach of the warranties of the Supplier contained herein.

(b) Nothing in this Section 5.1 or otherwise in this Agreement shall limit or exclude any direct liability (whether in contract, tort, for breach of statutory duty or any other legal basis) of the Supplier to any person.

(c) The Supplier appoints the City as the trustee of the Other City Entities and of their and the City’s officials, officers, employees and agents in relation to the covenants of indemnification of the Supplier contained in this Section 5.1 and the City accepts such appointment.

5.2 Insurance

(a) In addition to those mandatory insurance policies that the Supplier is required to carry by any applicable Laws, the Supplier shall take out and maintain in force, with a reputable insurance company legally authorized to conduct business in British Columbia, during the term of this Agreement and for a period of five years afterwards, commercial general liability insurance with coverage of not less than five million ($5,000,000) per occurrence and at least five million ($5,000,000) of annual aggregate coverage endorsing the City as an additional insured on a primary and non-contributory basis and providing a waiver of subrogation in favour of the City.

(b) The Supplier shall ensure that any Subcontractors also maintain the same insurance as the Supplier, having regard to the obligations under this Agreement which they are contracted to fulfil.

(c) The Supplier's liabilities under this agreement shall not be deemed to be released or limited by the Supplier taking out the insurance policies referred to in Section 5.2(a).

(d) The cost of the insurances arising under this Section 5.2 shall be deemed to be incorporated into the prices specified in Schedule A.

(e) As a condition precedent to any payment from the City to the Supplier under this Agreement, and as and when reasonably requested by the City, the

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Supplier shall provide documentary evidence (to the reasonable satisfaction of the City, including by completing the City’s standard reporting documents used for this purpose) that the insurances required by this Section 5.2 have been taken out and are being maintained.

ARTICLE 6 FORCE MAJEURE; TERMINATION

6.1 Force Majeure

(a) No Party shall be deemed to be in breach of this Agreement or otherwise liable to another Party in any manner whatsoever for any failure or delay in performing its obligations under this Agreement reasonably due to Force Majeure.

(b) If either Party’s performance of its obligations under this Agreement is affected by an event of Force Majeure, then:

(i) it shall give written notice to the other Parties, specifying the nature and extent of the event of Force Majeure, as soon as reasonably practicable after becoming aware of the event of Force Majeure;

(ii) performance of such obligation(s) shall be deemed suspended but only for a period equal to the delay reasonably caused by such event;

(iii) it shall not be entitled to payment from any of the other Parties in respect of extra costs and expenses incurred as a result of the event of Force Majeure; and

(iv) it shall use all reasonable diligence to mitigate the cause and the result of the event of Force Majeure and to remedy the situation and resume its obligations under this Agreement.

(c) Notwithstanding the obligations of a Party affected by an event of Force Majeure pursuant to Section (b), if the event of Force Majeure renders it impossible or impractical for the Supplier to provide the Supply in accordance with this Agreement for a period of at least 7 days, the City may terminate this Agreement upon notice delivered to the Supplier at any time following the expiration of such period of 7 days.

6.2 Purchaser Termination Rights

The City shall have the following rights:

(a) The City may terminate this Agreement at any time (and for its convenience) upon 60 days’ written notice to the Supplier.

(b) If the City reasonably considers that the Supplier is not discharging any of its material obligations under this Agreement, the City may inform the Supplier by notice stating the grounds for the notice. If evidence of remediation

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satisfactory to the City, is not received as soon as practicable or in any case within 30 days or such longer period as agreed by the Parties, the City may by a further notice to the Supplier of at least 30 days terminate this Agreement.

(c) The City may terminate this Agreement with immediate effect if the Supplier becomes bankrupt or insolvent, goes into liquidation, has a receiver or administrator appointed over it or any of its assets of undertaking, enters into any arrangement for the benefit of its creditors, becomes the subject of any moratorium or carries on business under a receiver, trustee, manager or arrangement for the benefit of its creditors, or if any act is done or event occurs which (under applicable Laws) has a similar effect to any of these acts or events.

6.3 Supplier Termination Rights

After giving at least thirty days’ written notice to the City, the Supplier may terminate this Agreement when:

(a) 90 days after the due date for payment of an invoice issued by the Supplier to the City hereunder, it has not received payment of that part which has not by that time been contested in writing by the City and provided always that:

(i) the Supplier has issued a notice of reminder to the City following the due date for payment in relation to such unpaid sum; and

(ii) the termination notice may not be issued until the expiry of 45 days following the issue of such reminder notice; or

(b) the City commits any material persistent breaches of its obligations under this Agreement, which render performance by the Supplier of its obligations under this Agreement or a substantial part thereof impossible or significantly adversely affect such performance of this Agreement as a whole, and further which remain irremediable after 90 days.

6.4 Consequences of Termination

(a) Termination of this Agreement shall not prejudice or affect the accrued rights or claims and liabilities of the Parties.

(b) After termination of this Agreement, the provisions of Section 3.7, ARTICLE 5, ARTICLE 7 and ARTICLE 9 shall remain in force.

ARTICLE 7 RIGHTS AND OBLIGATIONS CONCERNING INFORMATION

7.1 Freedom of Information and Protection of Privacy Act

The Supplier acknowledges that the City is subject to the Freedom of Information and Protection of Privacy Act (British Columbia), which imposes significant obligations on the City’s contractors to protect all personal information acquired from the City in the course of providing any service to the City.

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7.2 No Promotion

The Supplier shall not disclose or promote its relationship with the City, including by means of any oral declarations, announcements, sales literature, letters, client lists, press releases, brochures or other written materials, without, in each case, the express prior written consent of the City. The Supplier shall not use the City’s logo or any of the City’s official marks without the express prior written consent of the City.

7.3 Confidentiality Obligation

Each Party shall keep the Confidential Information of the other Party confidential and each Party shall not use such Confidential Information, except for the purpose of exercising or performing its rights and obligations under this Agreement or making use of the Products (a “Permitted Purpose”), or disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this ARTICLE 7.

7.4 Disclosure to Representatives

A Party may disclose another Party’s Confidential Information to those of its Representatives who need to know such Confidential Information for the Permitted Purpose, provided that it informs such Representatives of the confidential nature of the Confidential Information prior to disclosure, and at all times it is responsible for such Representatives’ compliance with the confidentiality obligations set out in this ARTICLE 7.

7.5 Disclosures Required by Law

A Party may disclose Confidential Information to the extent required by any applicable Laws or by any Competent Authority provided that, where legally permitted, it notifies the other Party before doing so, gives the other Party a reasonable opportunity to take any steps that such Party considers necessary to protect the confidentiality of that information, and notifies the third person that the information is Confidential Information. In any event, a Party shall furnish only that portion of the Confidential Information which it is legally required to disclose and shall use its reasonable endeavours to obtain a protective order or other reliable assurance that the Confidential Information shall be accorded confidential treatment.

7.6 Other Disclosures by the City

The City’s obligations under this ARTICLE 7 are wholly subject to and qualified by, the applicable provisions of the Freedom of Information and Protection of Privacy Act (British Columbia) and, notwithstanding any other provision of this ARTICLE 7, the City may disclose Confidential Information in any manner compliant with such statute or otherwise in furtherance of its public role or duties, including in the course of publicly reporting to the Vancouver City Council.

ARTICLE 8 TAXES

8.1 Taxes for Own Accounts

Unless otherwise expressly stated in this ARTICLE 8, any Taxes becoming due and payable by either Party pursuant to any applicable Laws by either Party as a result of the

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entering into, the performance of obligations under or the taking of payment pursuant to this Agreement, shall be for the account of that Party, and for greater certainty the prices set forth in Schedule A include all such Taxes except for applicable Taxes arising under all sales, excise and value added tax legislation (including, without limitation, the Excise Tax Act (Canada) and similar Canadian provincial legislation) (collectively, “Sales Tax”) as a result of the sale of the Supply within Canada hereunder, unless it is clearly stated that they are intended to be Sales Tax-inclusive.

8.2 Withholding Taxes

(a) Notwithstanding any other provision to the contrary, if the City considers it necessary to satisfy its obligations under any Law relating to Taxes, the City may:

(i) withhold an amount from a payment made to the Supplier; and

(ii) pay the withheld amount directly to the relevant Competent Authority.

(b) If an amount withheld in accordance with Section 8.2(a) is paid by the City to the relevant Competent Authority, it is deemed to have been paid to the Supplier on the date on which the remainder of the payment to which it relates was paid to the Supplier.

(c) The Supplier agrees and acknowledges that it has no claim against the City for any amounts withheld and paid to the relevant Competent Authority in accordance with Section 8.2(a).

(d) If the City does not withhold an amount under Section 8.2(a) which it is required to withhold pursuant to any laws relating to Taxes, the Supplier agrees to pay that amount to the City, upon request by the City.

(e) The Supplier agrees that the City shall not be required to increase any payment to the Supplier by the amount withheld by the City under Section 8.2(a).

ARTICLE 9 DISPUTE RESOLUTION

9.1 Optional Procedure

All claims, disputes or issues in dispute between the City and the Supplier in relation to this Agreement shall be decided by mediation or arbitration, if the Parties so agree in writing, or, failing any such agreement, by the courts of competent jurisdiction in the Province of British Columbia.

9.2 Arbitration

In the event that Parties agree to arbitration pursuant to Section 9.1:

(a) the arbitration shall be conducted pursuant to the Commercial Arbitration Act (British Columbia) and shall be governed by the rules of the British Columbia International Commercial Arbitration Centre, except that the arbitrator or arbitrators shall be agreed upon by the Parties, and failing agreement by the

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Parties, shall be appointed by a court of competent jurisdiction within the Province of British Columbia. The parties shall share equally the costs of the arbitration but shall be responsible for their own separate costs and expenses in relation to the arbitration including legal fees and disbursements; and

(b) the arbitration shall take place in Vancouver, British Columbia and shall be governed by the laws of British Columbia.

ARTICLE 10 MISCELLANEOUS

10.1 Assignment

(a) The Supplier shall not assign this Agreement (including by operation of law) without the express prior written consent of the City.

(b) If the Supplier is a company, then any change in the control of the company shall be deemed to constitute an assignment for the purposes of Section 10.1(a).

(c) No assignment permitted by the City shall relieve the Supplier from any obligation under this Agreement or impose any liability upon the City.

(d) The City may at any time and from time to time assign this Agreement, in whole or in part, upon notice to (and without the consent of) the Supplier.

10.2 Subcontracting

The Supplier may, on its own behalf and not on behalf of the City, engage a Subcontractor to assist in the performance of the Supply, provided that:

(a) the engagement of such Subcontractor has been previously specifically approved by the City in writing;

(b) such Subcontractor has given a written deed to the City in which it has undertaken to abide by the terms of this Agreement; and

(c) the Supplier shall remain wholly liable for the due performance of its obligations under this Agreement and shall be wholly responsible for the acts and omissions of such Subcontractor.

10.3 Time of the Essence

Time is of the essence of this Agreement.

10.4 Costs

Each of the Parties hereto shall pay its respective legal fees and other costs and expenses incurred in connection with the preparation, execution and delivery of this Agreement and all documents and instruments executed pursuant hereto and any other costs and expenses whatsoever and howsoever incurred.

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10.5 Benefit of this Agreement

(a) This Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the Parties hereto.

(b) Except as expressly set forth in the foregoing Section 10.5(a) or Section 5.1, nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Supplier.

10.6 Entire Agreement

This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the Parties in relation to the subject matter hereof other than as expressly set forth in this Agreement.

10.7 Amendments and Waiver

No modification of or amendment to this Agreement is valid or binding unless set forth in writing and fully executed by the Parties hereto and no waiver of any breach of any term or provision of this Agreement is effective or binding unless made in writing and signed by the Party purporting to give such waiver and, unless otherwise provided, is limited to the specific breach waiver.

10.8 Order of Preference

In the event of a conflict between the terms of this Agreement, a Schedule, or an addendum, the terms of these documents shall be followed in the following order of preference: (1) the addendum, (2) this Agreement, and (3) the Schedule. This order of preference is not applicable to a Schedule or addendum, in whole or in part, where such Schedule or addendum contains terms expressly providing for its terms to govern in light of any potential inconsistency or conflict with any other agreements between the parties.

10.9 Notices

(a) Any Order, demand, notice or other similar communication to be given to a Party in connection with this Agreement must be given in writing and shall be deemed to be validly given if given by personal delivery to an authorized agent of a Party, or delivered by registered mail, by courier or by electronic transmission (with delivery confirmation or an email reply effectively acknowledging delivery), addressed to a Party as follows:

(i) if to the Supplier:

<Supplier> <address> Attention: <> Facsimile: <> Email: <>

SUPPLY AGREEMENT

Page D-24

(ii) if to the City: City of Vancouver < Department> 453 West 12th Avenue Vancouver, BC V5Y 1V4 Attention: <> Facsimile: <>

or to such other address or facsimile number as may be designated by notice given by either Party to the other, provided that, notwithstanding the foregoing, the Supplier’s invoices shall be addressed as specified in Section 4.3 or as otherwise specified in the relevant Order.

(b) Any Order, demand, notice or other communication given (and, in the case of electronic transmission, confirmed or acknowledged) in accordance with Section 10.9(a) shall be conclusively deemed to have been given:

(i) if given by personal delivery, on the day of actual delivery thereof;

(ii) if given by registered mail or courier, on the Business Day following confirmation by the postal service or the courier that the notice has been delivered; and

(iii) if given by electronic transmission, on the day of transmittal thereof if given during the normal business hours of the recipient and on the Business Day during which such normal business hours next occur if not given during such hours on any day.

Notwithstanding the foregoing, if the Party giving any demand, notice or other communication knows or ought reasonably to know of any difficulties with the postal system which might affect the delivery of mail, any such order, demand, notice or other communication must not be mailed but must be given by personal delivery, courier or electronic transmission.

10.10 Governing Law and Jurisdiction

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

(b) All provisions of the International Sale of Goods Act (British Columbia) are specifically excluded from application to this Agreement.

(c) This Agreement is subject to the exclusive jurisdiction of the courts in the Province of British Columbia except:

(i) as otherwise agreed by the Parties pursuant to ARTICLE 9; and

SUPPLY AGREEMENT

Page D-25

(ii) to the extent necessary to enforce, in another jurisdiction, any decision or award made pursuant to ARTICLE 9 or any judgment of any court in the Province of British Columbia.

10.11 Further Assurances

Each Party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of this Agreement and the transactions contemplated by it.

10.12 Severance

If any term or condition of this Agreement is for any reason held to be illegal, invalid, ineffective, inoperable or otherwise unenforceable, it shall be severed and deemed to be deleted from this Agreement and the validity and enforceability of the remainder of this Agreement shall not be affected or impaired thereby. If any term or condition of this Agreement is found to be illegal, invalid ineffective, inoperable or otherwise unenforceable, but would not be so if some part of it were deleted, the term or condition shall apply with such modifications as may be necessary to make it enforceable.

10.13 WorkSafeBC

Before commencing the Supply and in no event later than five days after the date of this Agreement, the Supplier must provide the City with the Supplier’s and all Subcontractors’ WorkSafeBC registration numbers as well as written confirmation from WorkSafeBC that the Supplier and all Subcontractors are registered and in good standing with WorkSafeBC and that all premiums, assessments and penalties have been paid to date, and the Supplier must subsequently provide the same written confirmations within five days of any request for the same made by the City.

The Supplier agrees that it shall at its own expense procure and carry or cause to be procured and carried and paid for, full worker’s compensation coverage (as required by WCA) for itself and all workers, employees, servants and other engaged in or upon the Supply. The Supplier agrees that the City has the unfettered right to set off the amount of any unpaid premiums and assessment for such worker’s compensation coverage against any monies owning by the City to the Supplier. The City shall also have the right to withhold payment under this Agreement until the worker’s compensation premiums, assessments or penalties in respect of the Supply have been paid in full.

[The remainder of this page is intentionally left blank.]

SUPPLY AGREEMENT

Page D-26

10.14 Counterparts

This Agreement may be executed in any number of counterparts. All counterparts, taken together, constitute one instrument. A Party may execute this Agreement by signing any counterpart.

10.15 Electronic Execution

Delivery of an executed signature page to this Agreement by either Party by electronic transmission shall be as effective as delivery of a manually executed copy of this Agreement by such party.

10.16 Voluntary Agreement

THE SUPPLIER ACKNOWLEDGES AND DECLARES THAT IT HAS CAREFULLY CONSIDERED AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, THAT IT HAS EITHER CONSULTED LEGAL COUNSEL OR WAIVED THE RIGHT TO DO SO, AND THAT IT IS EXECUTING THIS AGREEMENT VOLUNTARILY.

IN WITNESS WHEREOF this Agreement has been executed as of the day and year first above written by and on behalf of the Parties by their duly authorized signatories:

<SUPPLIER NAME> Signature Print Name and Title Signature Print Name and Title CITY OF VANCOUVER Signature Print Name and Title Signature Print Name and Title

SCHEDULE A - SUPPLY AGREEMENT

Page D-27

SCHEDULE A - PRODUCTS AND PRICES

<To describe each of the Products by name and/or the Supplier’s product number, and set out for each the price.>

ITEM PRICE/UNIT

<Name 1> $<> per < [unit type]>





Page D-28

SCHEDULE B - PRODUCT SPECIFICATIONS

<To describe required product specifications for each Product, including any relevant functional, technical, compositional, operational, performance, quality or similar specifications relating to such Product.>

ITEM SPECIFICATIONS

<Name 1> <Description 1.>




ANNEX 1 – SCHEDULE OF DETAILED REQUIREMENTS

June 25, 2015 Page 1-1

1.0 General

The City has identified the following requirements and considerations, which each Proponent should without limitation, address within its Proposal. Additional information not specifically requested, but which the Proponent considers relevant, should also be included.

1.1 Items to be Addressed in Annex 1

Further to Part B – City Requirements and Items to be Addressed in Proposals, Section 2.0, from 2.5 – 2.20, the Proposal should be divided into paragraphs that correspond to the numbered paragraphs/sections of the foregoing Sections 2.0 to 17.0 of Annex 1 – Schedule of Detailed Requirements to the RFP.

2.0 Product Requirements

a) The City requires a supplier (a “Supplier”) to supply various janitorial products such as cleaning supplies, hygiene and skin care products, paper products, garbage bags and related janitorial hardware items. In addition to supplying the Products, the Supplier will deliver the Products to the various delivery locations as requested by the City on an “as required” basis.

b) Any Products offered to the City must meet and/or exceed the characteristics and performance and quality specification stated in this Annex 1 – Schedule of Detailed Requirements. Any similar or equivalent products offered by the Proponent must meet all City functional requirements. The City in its sole discretion will determine what constitutes an equivalent product.

c) Any Products offered that are not meeting and/or exceeding the characteristics and performance and quality specification as stated in this Annex 1, the Proponent needs to indicate under Table 1 below.

Table 1

Product Description (as identified in Annex 2,

Table 2)

Requested Performance and Specification

Deviation for Requested Performance and

Specification

d) The City prefers Products that:

i) hold a third party environmental certification such as ECOLOGO, Green Seal, Design for the Environment or equivalent. In Annex 2 – Pricing, Table 2, Products that are currently supplied to the City holding a 3rd party certification are identified with a “G” in the Product Description



June 25, 2015 Page 1-2

column. Where an alternate Product is being offered, Proponents are encouraged to offer an alternate Product that is also eco-certified by a 3rd party.

ii) contain the highest possible post-consumer waste (PCW) recycled content defined as the amount of material in a Product that has completed its intended use as a consumer item (such as a sheet of copy paper or plastic bottle), has been diverted from the waste stream by having been collected in a residential or commercial recycling program and has been incorporated into a new product. Ideally, PCW is verified by a third-party organization; and

iii) in addition to the above, the City has requirements related to specific product categories as described in Section 2.1 to 2.4 below.

2.1 Janitorial Products - Cleaners

a) The City prefers cleaners, (such as cleansers, disinfectants, floor strippers, and waxes) that:

come in non-aerosol form; do not contain

- alkylphenol ethoxylates (APEs) - heavy metals (including arsenic, lead, cadmium, cobalt, chromium, mercury, nickel or selenium); or - phosphates; and

exhibit a low VOC limit (1 to 3 % or less by product weight excluding container and packaging) with the exception of wood floor wax finishes (which can have higher limits).

b) Proponent shall include manufacturer’s information on the floor finish durability on the Products offered and provide a comparison table if any alternative floor finishing products are offered.

2.2 Janitorial Products – Hygiene/Skin Care Products

a) The City prefers hygiene and skin care products that do not contain:

anti-microbial or anti-bacterial ingredients; added fragrance; and ingredients that have been identified as asthmagens.

2.3 Janitorial Products – Sanitary Paper Products

a) The City prefers sanitary tissue paper products that:

are made from a minimum of twenty (20) to forty (40) percent post-consumer recycled content fibre (higher preferred); and



June 25, 2015 Page 1-3

are unbleached or whitened without the use of chlorine or any of its derivatives such as hypochlorite or chlorine dioxide (processed chlorine free).

2.4 Janitorial Products – Garbage Bags

a) The City prefers garbage bags that:

are made from HDPE, LDPE or LLDPE; and contain ten percent (10%) or higher post-consumer waste recycled

content.

2.5 The successful Proponent for auditing purposes may need to provide to the City within five (5) days of the request, sustainable and environmental information such as but not limited to:

3rd party certification; VOC limits; Post consumer waste recycled content; and Plastic content.

3.0 Dispensing Equipment

a) The City has approximately four thousand six hundred thirty (4,630) dispensers

installed throughout the City. This includes but is not limited to approximately:

Type of Dispenser Brand Name Estimated Quantity Installed at City

Locations Towel Dispenser Tork 2,000 Bath Tissue Dispenser Tork 1,200 Soap Dispenser Certainty/Purell 1,300 Chemical Dispenser Dustbane 130

b) In an effort to reduce the cost and the waste associated with the changing of the dispensers, the City is encouraging the Proponent to utilize the current dispensing equipment which is owned by the City, with the exception of the chemical dispensers, which is owned by the incumbent Supplier. The Products listed in Annex 2 – Pricing, Table 2 fit all of the dispensers which are installed throughout the City. The Proponent needs to provide a comprehensive work plan for the City regarding their strategy for utilizing the existing equipment and ensure the alternative Products offered fit all of the current installed dispensers.

c) The Proponent may offer products through this RFP that may not fit into the existing equipment, therefore new dispensing equipment will be required. The Proponent shall provide dispensing equipment of high quality and durability



June 25, 2015 Page 1-4

made of flexible frosted plastic that will not mar or crack and offer a full colour line. Additionally the Proponent shall have the capability to provide stainless steel dispensers when requested by the City. Any dispenser provided during the term of contract to the City shall be at no cost or expense to the City. The Proponent will be expected to remove the existing equipment, install the new equipment and additionally be responsible for any replacement dispensers as equipment becomes obsolete, damaged, vandalized defective or broken, during the term of the Contract, which will be at no cost or expense to the City. Proponent will be required to patch and paint any holes or repair any damages to match the existing facilities due to the dispenser removal and installation. Any dispensers supplied to the City shall have a universal key and a secure locking mechanism. The Proponent needs to provide a comprehensive work plan and timeline for the removal and installation of any new dispensers at all City locations, as indicated in Annex 6 – Delivery Locations.

d) The Proponent is expected to provide a disposal plan to divert as much waste

as possible from the landfill or incinerator through reuse and recycle programs for any dispensers being removed from the City.

e) Mixing and dispensing systems for cleaning products are installed in the

janitorial closets at various City locations and most of these locations have a City supplied, testable back flow prevention system. The Proponent is required to provide a transition plan for converting mixing and dispensing systems to their system. For any installations that do not have an approved backflow prevention system, the City will upgrade where necessary.

4.0 Service Capabilities

The successful Proponent’s overall performance and the quality of its work will be evaluated by the City. Performance will be evaluated on such factors as service levels including the responsiveness, lead time, back order frequency, product quality, and such other issues that the City shall establish as key performance indicators and/or service level agreements in collaboration with the successful Proponent.

4.1 Delivery Capabilities

The Proponent shall describe the ordering process, such as the timeline for order acknowledgement upon receipt of an order. a) The City requires that the Product shall be delivered forty eight (48) hours

from the time the order is placed. The successful Proponent shall be able to accommodate a variety of delivery requests, including but not limited to:

large bulk shipment; accommodating City locations that cannot accept deliveries to be left at

the door or in hallways, and the delivery personnel may need to try



June 25, 2015 Page 1-5

multiple delivery attempts in order to deliver a package to City staff for receipt;

desk top deliveries to some City locations per request; pre-delivery phone call arrangement with some specific locations; and specific delivery window time and days for some City locations.

Any Supplier representatives, such as the Account Representative and designated delivery driver’s needing access to the Vancouver Police Department buildings will require authorized security clearance, which will be at the cost to the Supplier.

b) All shipments to be delivered in a recyclable tote where feasible and must be

accompanied by a delivery packing slip, listing the material shipped, part number, contact name and purchase order number. Packing slip shall be placed on top of the package clearly marked with easy and quick accessibility. The successful Proponent’s delivery personnel shall ensure the packing slip is signed by a City staff member at time of delivery. Proponent shall propose any innovative solution in managing deliveries, accommodating specific delivery instructions and ensuring signing of packing slip. Proponent is to provide a sample packing slip and bill of lading that includes an itemize detail of the Product delivered and demonstrate how it is different from an invoice.

c) Proponent shall state if the delivery functionality will be sub-contracted out

and if so, state the work plan on managing the sub-contractors to ensure the work is completed satisfactorily and on time.

d) In a rush or after hours service manner, Proponent shall explain the process for

handling emergent and after hour requirements and how quickly from the time the order is placed until the City would receive those Products. City requests those types of orders be delivered within four (4) hours of order placement. Any delivery costs associated with the emergent and after hour delivery requirements will be listed in Annex 2 – Pricing, Section 5.0.

e) City preference is to have no minimum order value or order quantity to warrant

a delivery. Proponent should state if they have any minimum order requirement.

4.2 Back-Orders

a) A major inconvenience to the City, is when a Product is ordered, is not supplied and placed on back-order. One of the key objectives within this RFP is to eliminate or significantly reduce the instances of back-orders. Any back-orders must be reported back to the City promptly. The Supplier will be required to expedite delivery of the back-ordered Products at the Supplier’s sole expense. Back-orders should be delivered within one (1) week or the next subsequent delivery date whichever is sooner of the original delivery date or at the City’s discretion to accept any further delay or alternative solutions/products for temporary application purpose.



June 25, 2015 Page 1-6

b) If the back order schedules or alternative solutions do not meet the City’s requirement, the City reserves the right to cancel the outstanding quantities/products and purchase from a third-party supplier. Any difference in cost will be back-charged to the Supplier and will be deducted from amounts owing. Back-order reports may be requested from the Supplier at any time and must be submitted by the next business day from receipt of request.

c) Proponent is to explain a work plan in meeting this objective of guaranteeing

minimal or no back orders, with the details of how your firm proposes to maintain stock levels of items that are listed in Annex 2 – Pricing, Section 2.0, Table 2.

4.3 Returns

a) The City reserves the right to return orders (partial/complete) at no cost to the City, including restocking charges for the delivery of products that are not acceptable due to situations such as unapproved product, inferior quality, over shipment, wrong item, wrong location, damaged goods etc.

b) Products for return shall be picked up by the Supplier within forty eight (48)

hours from notification or the next subsequent delivery, whichever is first. The Supplier shall provide a Return Material Authorization Number (RMA) at time of notification for all items to be returned which will be recorded on the return delivery packing slip and any corresponding invoices. The Supplier will issue a credit memo to the City within seven (7) days of the return if the item has been charged.

c) Based on the above requirement, Proponent needs to describe a comprehensive

work plan with a clear process for the City in regards to product returns. 4.4 Repair of City Equipment

a) Over the years, the City has accumulated many different types of janitorial equipment for various uses, such as but not limited to floor scrubbers, floor burnishers, auto scrubbers and vacuum cleaners. There will be times where the equipment requires maintenance and or repairs. The Proponent should have the capability in conducting janitorial equipment repairs at City sites and/or at the Proponent’s service location with trained professional technicians. The Proponent shall have the ability to pick up the equipment to be repaired and delivered once the repairs have been completed. As the equipment is being repaired and maintained, the Proponent shall have the ability to provide to the City loaner equipment for the City’s use.

b) Proponent needs to describe their capacity to perform equipment repairs and

maintenance service for the City’s varied equipment fleet in house and at the City locations, with the detail information of the training and certifications of the technicians and the estimated turnaround time for equipment repairs and maintenance. Proponent to state the discount percentage for the parts,



June 25, 2015 Page 1-7

technician’s hourly rate, and the loaner equipment monthly flat rate as covered in Annex 2 – Pricing, Section 3.0, Table 3.

5.0 MSDS and WHMIS

a) Proponent will be required to provide Materials Safety Data Sheets (MSDS) and Workplace Hazardous Materials Information System (WHMIS) for all Products, and describe how the various delivery sites will have access to the MSDS and WHMIS sheets.

6.0 Quality Control and Assurance

a) Each Proponent shall describe its quality control assurance program(s), including but not limited to:

i) dealing with product non-conformance; ii) process and target timelines for non-conformance investigations; iii) corrective action process; iv) management of metrics regarding supplier product quality

issues; and v) any special quality programs/certifications, including date of

most recent audit and certification.

b) Each Proponent shall provide contact name(s) and phone numbers whereby City staff can reach out for any emergency and non-emergency Product and supply issues.

7.0 Disaster Response Support

a) Janitorial Products are considered critical items in the City’s emergency preparedness plan for disaster recovery. Depending on the nature of a major emergency and the subsequent infrastructure damage, a large demand may exist for these type of Products in City facilities or otherwise. A large demand for Products may also exist from other customers in these circumstances; however Proponents should consider that the City’s needs may be a priority to ensure public safety and health.

b) Each Proponent shall highlight its disaster recovery plans, which will provide support to the City in the event of a major disaster or emergency condition.

8.0 Obsolete Products

a) Over the period of their life cycle, Products may be replaced with newer or different material resulting in the accumulation of obsolete or expired product.

b) Proponent shall provide detail process for the handling of disposition of obsolete or expired product including recommended approach to diverting waste from the Landfill and incinerator through activities such as product take back and or recycling programs.



June 25, 2015 Page 1-8

9.0 Inventory Support a) Proponent shall detail their inventory support services available and how the

services will benefit the City. Further to this, Proponent to detail a continuous improvement solution and the long term advantage to the City.

10.0 Account Management

a) The City requires a designated “Account Representative” to serve as a point of contact and be responsible for managing the relationship between the City and the successful Proponent. The Account Representative will work with the designated City staff to ensure that the City objectives are met as outlined within this RFP.

b) The Account Representative role will include but is not limited to managing and

maintaining contract performance measures and reporting, contract maintenance and liaison with City staff, providing product and technical assistance, addressing any concerns or complaints related to product performance, new or alternate product sourcing, following up with inquiries/problems through to resolution to ensure end-user satisfaction with the result and any value added service as requested by the City.

c) The Account Representative shall have extensive experience in dealing with

customers of similar size as the City as well as extensive comprehensive product knowledge and maintain the highest standards of customer service and communication. The City expects that the Account Representative will become familiar with the City environment within three (3) months of the Agreement start date.

d) Proponents shall provide an overview of the Account Representative selection

process for the City, which would include but not limited to their experience for a similar size account, education and training related to product and product application and personal skills. Proponent shall state how they propose to maintain the highest customer service levels as well as an effective communication process. The City will maintain the right to interview the dedicated Account Representative prior to the award of Agreement and throughout the Agreement term to ensure of their capabilities and ongoing performance.

11.0 Training

a) The Proponent shall ensure that approximately 400 City staff and City contractors are adequately trained on the Products. At minimum the training shall be conducted by training staff certified by the product manufacturer to administer product specific training, re-occur as needed such as when new City staff are assigned, new products are introduced, continuing education training or it is determined that additional/repeat training is needed as part of an action plan. As the City has shift work, training shall be scheduled to accommodate



June 25, 2015 Page 1-9

City staff work hours. Training shall occur at applicable City sites. Training shall be provided at no additional cost or expense to the City.

1. The training that should be considered but not limited to:

i) Workplace Hazardous Information System (WHMIS) training; ii) Material Safety Data Sheets (MSDS) iii) Safety training; iv) Floor maintenance, including but not limited to scrubbing, stripping,

burnishing and floor finish; v) Washroom maintenance, focusing on Products and procedures; vi) Dilution training, frequency of application, consequences of improper

use or improper dilution, disposal of the product, use and maintenance of the equipment and safe handling and spill cleanup procedures.

vii) Infection and disease control; viii) Carpet cleaning and spotting; ix) Green Product awareness and application x) New Product orientation; and xi) Dispenser training.

b) Proponent is required to provide all training programs offered with a

description of the scope of training, the certification of the trainers and how the scheduling of the training will occur, including how to accommodate the needs of City staff that need to be trained during alternative works hours and the frequency of re-training to ensure good practices. The Proponent is also required to provide a description of training support services available such as phone numbers and names for assistance and the hours during which such number is accessible.

12.0 Transition and Implementation

a) Recognizing that there may be changes in some Products and procedures being implemented from what is presently being purchased or used by the City, the City and the successful Proponent will be responsible for developing a timely and orderly transition to the Agreement upon acceptance and signing by both parties.

b) The successful Proponent upon Agreement award will be required to establish a City-wide account with as many sub-accounts as necessary to facilitate ordering, delivering, reporting and billing services.

c) Proponent shall include a detailed work plan as to how you envision the transition and implementation to be completed. This work plan should encompass, but not be limited to, such factors as:

i) fixture (dispenser) changes if required, including replacement of

present dispensing equipment,



June 25, 2015 Page 1-10

ii) detail logistics arrangement for the all facilities ; and iii) establishment of account setup, billing and introduction of

business technology.

13.0 Business Technology Capabilities – Procurement to Payment Process (P2P)

a) The City is seeking a solution to streamline the P2P for its consumable items within the scope of this RFP such that the resources assigned are more efficiently utilized.

b) The Proponent understands that the City may utilize an electronic procurement process that handles commercial transactions from requisitioning through payment such as, but not limited to, purchase order, order receipt/acceptance, change order, shipping notice, work ticket and invoice.

c) Proponent to demonstrate and explain the technology and process offered, including a detailed solution for the ordering process to reduce transactional costs for the City including, but not limited to summary billing on a monthly basis. The Proponent understands that this may include receiving electronic purchase order(s) or work ticket data input into an electronic procurement system. It may also include registering with and working with third party system or network providers. Proponents shall detail the capability to:

i) develop customized item catalog content such as punch-out catalogues, in a timely manner as requested for access by and/or hosted on servers of the City and to be responsible to update and maintain catalog item data and pricing;

ii) possess capabilities for a secure online ordering system with an extensive customized catalogue of accessible items tailored to the City; real time budget tracing and online ordering history;

iii) provide customer service support for online catalog and specific customer questions or troubleshooting, list location and times available of tech support and the communication methods (online chat, phone, email, etc.), list timeframe/guarantees for dealing with “down” sites as well as how your firm ensures content is up to date;

iii) develop methods with the City to continuously optimize the procurement process, including electronic procurement; and

iv) reduce overall transactional costs for the City.

14.0 Billing and Payment Options

a) The City is interested in incorporating technologies such as digital scanning billing and electronic verification, secure online payment system as well as using EFT/SAP financial interface process.



June 25, 2015 Page 1-11

b) Proponent to explain your capabilities, including if your firm possess technology enabling an EFT/SAP interface, or any other innovative payment solutions.

c) Include with your submission, a sample of a typical digital invoice which should encompass shipping destination, contact name, packing slip number, purchase order number, date ordered, description of goods including part numbers, price and extended value, taxes and total value.

d) Describe the technology and process being used with respect to purchasing cards. The City currently works within Bank of Montreal’s MasterCard purchase card program and requires the Proponent to state its willingness to acquire a software package from MasterCard that supports the Tier-3 system and work with the City in developing the card’s utilization to achieve the maximum benefits.

15.0 Reporting Capabilities

a) The successful Proponent will be asked to provide detailed (monthly/quarterly/semi-annual/annual) reporting on a number of performance measures and any other criteria determined by the City for products purchased under this Agreement. The information should be reported in aggregate in a matrix providing the following data, which may include but is not limited to:

i) Detailed Product Usage and Spend Information – The City requires the ability to identify consumption of the Products used by different facilities under this Agreement. The Proponent is to provide a detailed sample of its solution in a periodical supply summary for the Product purchases for specific time frames, or on a monthly, quarterly, or annually as requested by the City, including items contained in Annex 2 – Pricing Table 2, and any other items purchased outside of Annex 2 – Pricing Table 2;

ii) Back-order status – including number of incidents, back-order delivery timeline, and credit occurs if applicable;

iii) Obsolete Product – further to Section 8.0, how many items and associated amount of obsolete product;

iv) Repairs – further to Section 4.4 above, amount, location and frequency of equipment repairs;

v) Sustainability performance including percentage of spend by relevant product category on products with 3rd party environmental certifications; GHG emissions of delivery; and packaging waste reduction efforts;

vi) MSDS Sheets – maintain an up to date list of the MSDS Sheets for the Products offered; and



June 25, 2015 Page 1-12

vii) Measurement including cost reduction initiatives, market trends of key cost drivers or other price adjustment criteria established, related/relevant marked based indices for commodity items, etc.

16.0 Value Added Services

a) Within its response to Annex 1, the Proponent has the opportunity to offer and describe any value-added services, products or items not specifically asked for and detail as to what the Proponent is prepared to supply as part of the Agreement. Unless otherwise stated, it is understood that there are no extra costs for these services; however, if there are any additional costs pertaining thereto, the summary and explanation of those costs should be appended in Annex 2 – Pricing.

17.0 Contract Management and Representation

a) As part of the completion of the successful negotiation and execution of the Agreement, the successful Proponent and the City will develop a strategy for transition and implementation and a protocol for the management of the Agreement.

b) The successful Proponent shall designate a contact person who will make decisions to ensure that the Agreement implementation and day-to-day operation as specified herein, and who will service as a point of contact for the City.

c) The contact person will meet with the City as part of the transition period to

co-ordinate deliveries and to solve any problems. Thereafter, regular meeting will be conducted at mutually agreed times.

d) The successful Proponent contact person will exercise competent supervision of

all work and at all times must:

be fully knowledgeable of schedules and service requirements; be fully accessible; and have authority to receive on behalf of the successful Proponent

any communication relating to the work.

REQUEST FOR PROPOSALS NO. PS20150508 THE SUPPLY AND DELIVERY OF JANITORIAL CLEANING AND RELATED SUPPLIES

ANNEX 2 – PRICING

June 25, 2015 Page 2-1

1.0 Instructions

a) Proponents are required to complete all tables and blank fields in Annex 2 – Pricing.

b) Prices are to be quoted DDP destination (Incoterms 2010). For the avoidance of doubt, freight, insurance,

unloading at the destination, import duties, brokerage, royalties, handling, overhead, profit and all other similar costs are to be included in the quoted prices.

c) Prices quoted are to be exclusive of GST and PST, except where expressly requested.

d) Pricing is to be quoted in Canadian Dollars.

e) Proponent must bid on a minimum of 90% of items listed below (100 items out of 111 items) in order to be considered for award of contract. If the Proponent is unable to quote on any product, it is to complete the field as “N/Q” (not quoting).

f) Quantities shown in the following tables in this Annex 2 are estimated and are for informational purposes only and the City is not able to offer any assurances regarding eventual usage quantities.

g) The City is currently using the following products as listed in Table 2 – Product Pricing (brand names provided where applicable) and any product offered should have the same or exceed the characteristic, performance and quality of the product.

h) Prices or cost information shall not be shown in any part of the Proposal other than the Commercial Proposal.


ANNEX 2 – PRICING

June 25, 2015 Page 2-2

2.0 Product Pricing - Table 2 To the best of City knowledge, concentrated products are indicated by “C” in Product Description To the best of City knowledge, products that carry ECOLOGO, Green Seal or Design for Environment 3rdparty eco-labels are identified by “G” in Product Description

JANITORIAL PRODUCTS – CLEANERS

Alternate Product Offered

Product Description Package Size

Unit Size

Annual Est.

Quantity (a)

Current Brand

Unit Price (b)

Extended Price

(a) x (b) = (c)

Brand Package Size

Unit Price (d)

Extended Price

(a) x (d) = (e)

Does Offered Product

Carry a 3rd Party Eco-

Label (Yes – State

Certification / No)

1 Floor Sealer – Accolade 20 L Each 11 Dustbane $ $ $ $

2 Floor Sealer – Foundation

4 L Each 45 Dustbane $ $ $ $

3 Sweeping Compound 22 kg Each 6 Dustbane $ $ $ $ 4 All Purpose Cleaner –

Preference – “C” 5 L Each 216 Dustbane $ $ $ $

5 Degreaser – Emerald ECP – “C”, “G”


6 Degreaser – Emerald ECP – “G”

750 ml Each 12 Dustbane $ $ $ $

7 General Purpose Cleaner – Excelsior – “C”, “G”


8 Bathroom Cleaner – Polar ECP


9 Bathroom Cleaner – Polar ECP


10 Descaler, Oxy DST Foam – “C”, “G”



ANNEX 2 – PRICING

June 25, 2015 Page 2-3

11 Stink Relief Odour Terminator


12 Window and Glass Cleaner, Azure ECP -“C”, “G”


13 Disinfectant/Cleaner – ECP Quat Plus “C”, “G”


14 Stripper – Time Out Plus – “C”


15 Enviro Urinal Block – “G”

2 oz/50 grams, case of

48

Case 62 Dustbane $ $ $ $

16 Enviropuck with Screen – “G”

4 oz, case of

12


17 Enviropuck w/o Screen – “G”

4 oz, Case of

12


18 Degreaser/Deodorizer – Biobac Enzyme – “C”, “G”


19 Floor Finish – Glacier 4 L Each 32 Dustbane $ $ $ $ 20 Stain

Remover/Deodorizer – Oxy DST Stain Remover – “C”

750 ml Each 94 Dustbane $ $ $ $

21 Defoamer – Carpet Cleaning

5 L/Case of 4


22 Restore Ultra High, “G” 4 Each 28 Dustbane $ $ $ $ 23 Tide 2x Ultra Liquid

Concentrate 4.43 L Each 72 Tide $ $ $ $

24 Yellow Sign Cornzorb Organic Absorbent

9.07 kg bag

Bag 74 Cornzorb $ $ $ $

25 Pur Value Ice Melter 18 kg bag

Bag 68 Pur $ $ $ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-4

26 Clorox 12 Liquid Bleach – “C”

5 L, Case of

3

Case 154 Clorox $ $ $ $

27 Hospicide Disinfectant 440 gram

Each 246 Prime Source

$ $ $ $

28 Cleaner/Degreaser 3.78 L Each 97 Prime Source

$ $ $ $

29 Neutral Hospital Grade Disinfectant

3.78 L Each 46 Prime Source

$ $ $ $

30 Clorox Clean Up Disinfectant Bleach Cleaner

946 ml Each 377 Clorox $ $ $ $

31 Blue 20/20 Laundry Detergent

20 kg Bag

Bag 94 Cyclone $ $ $ $

32 SOS Steel Wool Soap Pad

18 in Box

Box 79 SOS Clorox

$ $ $ $

33 Windex with Trigger Sprayer

765 ml Each 882 Windex $ $ $ $

34 Ajax Disinfectant Cleanser

400 gram

Each 1133 Ajax $ $ $ $

SUBTOTAL FOR CLEANERS

$

$

HYGIENE/SKIN CARE PRODUCTS Alternate Product Offered


Unit Size

Annual Est.

Quantity (a)

Current Brand

Unit Price (b)

Extended Price

(a) x (b) = (c)

Brand Package Size

Unit Price (d)

Extended Price

(a) x (d) = (e)




Certification / No)

35 Hand Sanitizer FMX-12 Foam Refill

1.2 L Each 68 Purell $ $ $ $

36 Instant Hand Sanitizer NXT Refill

1 L, Case of

Case 55 Purell $ $ $ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-5

8 37 Quick Shift All Natural

Hand Cleaner 3.5 L,

Case of 4

Case 1 Deb Quick $ $ $ $

38 Pink Lotion Skin Soap/Cleanser

3.78 L Each 708 Scott $ $ $ $

39 Foam Soap Refill 1000 ml, case of 4

Case 152 Certainty $ $ $ $

40 Foam Green Soap Refill, “G”

1000 ml, case of 4

Case 4069 Certainty $ $ $ $

41 Bar Soap 90 gram, pack of

10

Pack 304 Ivory $ $ $ $

42 Dishwasher Detergent 2.83 kg Each 268 Cascade $ $ $ $ 43 Free and Clear Natural

Dishwashing Liquid Soap 650 ml Each 133 Green

works $ $ $ $

44 Liquid Detergent 3.78L Each 441 Joy $ $ $ $ 45 FMX Luxury Foam Hand

wash Refill 1,500

ml, Pack of 2

Pack 143 GoJo $ $ $ $

46 Disinfectant Wipes 35 wipes Each 717 Lysol $ $ $ $ 47 Disinfectant Wipes 70 wipes Each 285 Lysol $ $ $ $ 48 Scrubbing Wipes 170

Wipes Each 56 GoJo $ $ $ $

SUBTOTAL HYGIENE/SKIN CARE PRODUCTS

$

$

SANITARY PAPER PRODUCTS Alternate Product Offered


Unit Size

Annual Est.

Quantity (a)

Current Brand

Unit Price (b)

Extended Price

(a) x (b) = (c)

Brand Package Size

Unit Price (d)

Extended Price

(a) x (d) = (e)




Certification / No)


ANNEX 2 – PRICING

June 25, 2015 Page 2-6

49 Bathroom tissue 1 ply, 1000

sheets per roll, Case of 48 rolls

Case 1136 White Swan

$ $ $ $

50 Universal Hand Towel Roll, Natural, “G”

7 ¾” x 800’ Roll, Case of 6

Case 4938 Tork $ $ $ $

51 Universal Hand Towel Roll, Natural, “G”

7 ¾” x 600’ Roll, Case of

12

Case 82 Tork $ $ $ $

52 Multifold Advanced Paper Towels, White, “G’”

3 1/5” x 9 1/8”, 250 per Pack,

Case of 16

Case 308 Tork $ $ $ $

53 Paper Towel, Single Fold, White, “G”

9” x 10 7/10”,

250 Sheet per Pack, Case of

16

Case 62 White Swan

$ $ $ $

54 Universal Multifold Paper Towel, Natural, “G”

3 1/5” x 9 1/8”, Pack of

250, Case of 16

Case 719 Tork $ $ $ $

55 Universal Jumbo Bath Tissue Roll, “G”

13.6” x 2,000’,

8.8” Roll Diameter, 1 Ply, Case of

12

Case 1653 Tork $ $ $ $

56 Universal Jumbo Bath 13.6” x Case 3901 Tork $ $ $ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-7

Tissue Roll, “G” 2,000’, 8.8” Roll Diameter

2 Ply, Case of

12 57 Universal Bath Tissue

Roll, “G” 4 2/5

Diameter 2 Ply,

Individually

Wrapped, 500

Sheets per Roll, Case of

48

Case 472 Tork $ $ $ $

58 Universal Hand Single Folded Paper Towel, White, “G”

10 ¼” x 9 1/8”, 250

Sheets per Pack, Case of

16

Case 758 Tork $ $ $ $

59 L20 Kim Towel Wipers, Tan

12 ½” x 13”, ¼ Fold, 68

per Pack, Case of

12

Case 516 Wypall $ $ $ $

60 X60 Reinforced Teri Wipers, White

9 13/16” x 13

12/32”,130 Sheets per Roll, Case of

12

Case 293 Wypall $ $ $ $

61 X60 Reinforced Teri Wipers, White

12 ½” x 13 2/5”,

Each 284 Wypall $ $ $ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-8

1,100 Sheet Roll

62 Facial Tissue 2 Ply, 100 Sheets per Box

Box 1104 Kleenex $ $ $ $

63 Facial Tissue 2 Ply, 125 Sheets

per Box, Case of

12

Case 15 Kleenex $ $ $ $

SUBTOTAL SANITARY PAPER PRODUCTS $

$

GARBAGE BAGS Alternate Product Offered


Unit Size

Annual Est.

Quantity (a)

Current Brand

Unit Price (b)

Extended Price

(a) x (b) = (c)

Brand Package Size

Unit Price (d)

Extended Price

(a) x (d) = (e)




Certification / No)

64 Can Liners, Clear, Strong, “G”

26” x 36”, Box of 200

Box 617 Grand and Toy

$ $ $ $

65 Can Liners, Clear, Strong, “G”

30” x 38”, Box of 200

Box 20 Grand and Toy

$ $ $ $

66 Compostable Liner, Green Opaque, “G”

28” x 44”, 23 Gallon

Capacity Box of

135

Box 169 Ecosafe $ $ $ $

67 Kitchen Bin Liners (for Green Mini Bin) 100%

Box of 210

Box 97 Bin Fresh $ $ $ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-9

compostable paperboard

68 Feminine Waxed Disposal Bags

7 ½” W x 3 ½” D x 9 ¾”H, Box of

500

Box 125 Frost $ $ $ $

2600 SERIES VALUE PLUS INDUSTRIAL GARBAGE BAGS

69 Black, Extra Strong, “G”

35” x 50”, Box of 100

Box 377 Ralston $ $ $ $

70 Black, Super Strong, “G”

35” x 50”, Box

of 75


2900 SERIES ULTRA INDUSTRIAL GARBAGE BAGS

71 Transparent, X-Heavy, “G”

35” x 50”, Box of 100


72 Clear, Extra Strong, “G” 26” x 36”, Box of 100


73 Clear, Strong, “G” 30” x 38”, Box of 200


74 Clear, Regular, “G” 22” x 24”, Box of 500


75 Clear, Strong, “G” 35” x 50”, Box of 125


76 Clear, Regular, “G” 30” x 38”, Box of 250


77 Clear, Extra Strong, “G” 42” x 48”, Box of 100



ANNEX 2 – PRICING

June 25, 2015 Page 2-10

6000 SERIES GARBAGE BAGS

78 Clear, Extra Strong.97 mil, “G”

30” x 38”, Box of 125


SUBTOTAL GARBAGE BAGS:

$

$

MISCELLANEOUS JANITORIAL SUPPLIES Alternate Product Offered


Unit Size

Annual Est.

Quantity (a)

Current Brand

Unit Price (b)

Extended Price

(a) x (b) = (c)

Brand Package Size

Unit Price (d)

Extended Price

(a) x (d) = (e)

79 Rubbermaid Round Bucket Grey

13 L Each 139 Rubber maid

$ $ $ $

80 Ecoloop Narrow Band Blue Wet Mop

----- Each 198 Atlas Graham

$ $ $ $

81 Rayon Wet Mop Narrow 450 gram Each 40 Atlas Graham

$ $ $ $


$ $ $ $


$ $ $ $

84 Terry Towels, Grade B 10 lb Case,

various sizes of towels –

14” x 17” and 16” x

19”

Case 57 Wiping Pals

$ $ $ $

85 3M Doodlebug Pad Holder

----- Each 30 3M $ $ $ $

86 3M Doodlebug pad High Pro Pads

4 5/8” W x 10”H,

pack of 5

Pack 87 3M $ $ $ $

87 3M Doodlebug Pads 4 5/8” W Pack 82 3M $ $ $ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-11

Scrub N Strip Pads x 10” H, Pack of 5

88 Street Barn/Broom Head

16” Each 32 Marino $ $ $ $

89 Round Spray Bottle w/o Trigger, WHMIS Label

24 oz Each 363 ----- $ $ $ $

90 Window T-Bar 18” Each 8 Marino $ $ $ $ 91 Blue Plastic Window

Bucket 6 Gallon Each 8 Pulex $ $ $ $

92 Trigger Sprayer Red/white

9” Dip Tube with Filter Screen

Each 437 ----- $ $ $ $

93 Downpress Wringer Combo, Yellow

26 – 32 Quart

Each 15 Downpress Wringer

$ $ $ $

94 Scrubbing Sponges, Green and Yellow

3 7/16” x 6 1/16”

Each 343 ----- $ $ $ $

95 Upright Vacuum Replacement Filter Bags 5300

Pack of 10

Pack 55 Windsor Sensor

$ $ $ $

96 Disposable Nitrile Powder Free Glove, Black, Small

100 in Box

Box 84 Ronco $ $ $ $

97 Disposable Nitrile Powder Free Glove, Black, Medium

100 in Box

Box 349 Ronco $ $ $ $

98 Disposable Nitrile Powder Free Glove, Black, x-Large

100 in Box

Box 193 Ronco $ $ $ $

99 Metal Dust Pan

12” Each 71 ----- $ $ $ $

100 Floor Pad UHS Aqua F-3100

21” Each 25 3M $ $ $ $

101 Empty Spray Bottle without Trigger, Blank,

24 oz Each 365 ----- $ $ $ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-12

High Density Polyethylene

102 Industrial Corn Broom 5 String, 1 1/8”

Diameter Handle

Each 34 Marino $ $ $ $

103 Industrial Corn Broom 3 String, 1 Wire, 1

1/8” Diameter Handle


104 Micro Fibre Clothes, Blue

15 ¾” x 15 3/4”, 6 in Pack

Pack 23 Wypall $ $ $ $

105 Brass Squeegee Handle ----- Each 23 Pulex $ $ $ $ 106 Brass Channel

Squeegee 14” Each 9 Marino $ $ $ $

107 Wood Handle with Metal Tip Thread

54” Wood Handle


108 Grip N Grab Tool 36” Each 9 Atlas Graham

$ $ $ $

109 Painter’s Tape 36 mm x 54.86 m

Each 1 Scotch Blue

$ $ $ $

110 Vinyl Bumper Brush 10” Each 43 Harper $ $ $ $ 111 Mop Cotton 1624,

Cotton Fibre 24 oz Each 380 Atlas

Graham $ $ $ $

SUBTOTAL FOR MISCELLANEOUS JANITORIAL SUPPLIES

$

$

GRAND TOTAL FOR CLEANERS, HYGIENE/SKIN CARE, SANITARY PAPER PRODUCTS, GARBAGE BAGS AND MISCELLANEOUS JANITORIAL SUPPLIES

$ $


ANNEX 2 – PRICING

June 25, 2015 Page 2-13

3.0 Equipment Repair

The Proponent is required to complete Table 3 below, by indicating the discount percentage for the parts, technician’s hourly rate to repair the equipment and the loaner equipment monthly flat rate. Table 3 – Equipment Repair

Vacuum Cleaners Floor Scrubbers Floor Burnishers Auto Scrubbers

Parts Discount Percentage

% % % %

Technicians Hourly Rate

$ $ $ $

Loaner Equipment Monthly Rental Flat Fee

$ $ $ $

4.0 Promotions, Flyers and Discounted Pricing

Occasionally, the Supplier may offer special promotions, flyer specials or some other form of discounted pricing on Products which is lower and more competitive than the agreed fixed pricing within the Agreement. Proponent shall describe in details how their system is going to incorporate the special promotion pricing to the fixed Agreement pricing.

Proponent is also required to explain if they have a lowest pricing guarantee and matching program in place to ensure their pricing offered is the most competitive in the market place, and how the Proponent monitors the market pricings and responds to the inquiries from City staff. __________________________________________________________________________________________________________


ANNEX 2 – PRICING

June 25, 2015 Page 2-14

5.0 Emergency and After Hour Delivery

Proponent to provide any costs associated with the emergent or after hours delivery, whereby delivery is required to be completed within four hours of order placement.

__________________________________________________________________________________________________________ 6.0 Discounts The Products stated in Annex 2 – Pricing Table 2 represents the current estimated usage across various City Departments. The City may also purchase products in addition to those Products listed in Annex 2 – Pricing, Table 2. Therefore, the Proponent needs to provide a transparent pricing mechanism that offers cost certainty and lowest overall acquisition cost for those products purchased outside of Table 2. _________________________________________________________________________________________________________ 7.0 Terms of Payment The City’s standard payment terms are Net 30 days after receipt of approved invoice however any discounts (eg. early payment discounts) or more favourable terms which may be offered by the Proponent will be taken into consideration in the financial evaluation. Proponent shall list any discount terms offered. _________________________________________________________________________________________________________ 8.0 Annual Volume Incentive Proponents are to clearly outline the levels of incentive based on the value of annual business volume supplied under an Agreement awarded as a result of this RFP. Rebates are based on aggregate annual spend across the City. Rebate administration and payment process will be determined between the City and the successful Proponent and will be incorporated into the final Agreement.


ANNEX 2 – PRICING

June 25, 2015 Page 2-15

VOLUME INCENTIVES

ANNUAL SALES VOLUME DISCOUNT OFFERED FOR REACHING THIS VOLUME

>$500,000 > $750,000 %

>$750,000 > $1,000,000 %

>$1,000,000 >$1,250,000 %

>1,250,000 <$1,500,000 %


ANNEX 3 – DECLARATION OF SUPPLIER CODE OF CONDUCT COMPLIANCE

June 25, 2015 Page 3-1

DECLARATION OF SUPPLIER CODE OF CONDUCT COMPLIANCE

Purpose: All proposed suppliers are to complete and submit this form to certify compliance with the supplier performance standards set out in the Supplier Code of Conduct.

The City of Vancouver expects each supplier of goods and services to the City to comply with the supplier performance standards set out in the City’s Supplier Code of Conduct (SCC) <http://vancouver.ca/policy_pdf/AF01401P1.pdf>. The SCC defines minimum labour and environmental standards for City suppliers and their subcontractors.

Suppliers are expected to comply with the aforementioned standards upon submitting a tender, proposal, application, expression of interest or quotation to the City, or have a plan in place to comply within a specific period of time. The City reserves the right to determine an appropriate timeframe in which suppliers must come into compliance with these standards. To give effect to these requirements, an authorised signatory of each proposed vendor must complete the following declaration and include this declaration with its submission:

As an authorised signatory of ____________________________(vendor name), I declare that I have reviewed the SCC and to the best of my knowledge, ___________________________(vendor name)

and its proposed subcontractors have not been and are not currently in violation of the SCC or convicted of an offence under national and other applicable laws referred to in the SCC, other than as noted in the table below (include all violations/convictions that have occurred in the past three years as well as plans for corrective action).

Section of SCC / title of law Date of violation

/conviction

Description of violation / conviction

Regulatory / adjudication body and document file number

Corrective action plan

I understand that a false declaration and/or lack of a corrective action plan may result in no further consideration being given to the submission of ____________________________(vendor name).

Signature:

Name and Title:


ANNEX 4 – ASSESSMENT OF VENDOR SUSTAINABILITY LEADERSHIP QUESTIONNAIRE

June 25, 2015 Page 4-1

As part of the City’s Corporate Procurement Policy and related Supplier Code of Conduct described in Section 9.1 of Part A, all City vendors must meet minimum requirements related to ethical, social and environmental standards.

Beyond these basic requirements, the City would like to recognize vendors that are demonstrating leadership and innovation in sustainability. In order to be able to do so, the City requires that Proponents answer the following questions. The answers provided will be evaluated as part of the Proposal evaluation described in Section 8.0 of Part A.

Please keep in mind that these questions relate to your company’s internal operations and overall sustainability leadership.

The City may request that the Proponent provide additional information to support any of the responses provided.

If additional space is required, the Proponent may attach its response(s) to this Annex and reference the relevant question and section number.

For all questions where the answer is ‘Yes’ and additional information is requested, if this information is not included in the proposal, the answer may not be evaluated.

For all questions where there is a word limit, responses are to be kept within this word limit. Information in excess of the word limit may not be evaluated.

Questionnaire Structure

Section 1: Environmental Impact Environmental or Sustainability Policy

Reducing greenhouse gas (GHG) emissions

Reducing waste

Sustainable purchasing

Section 2: Social Impact Living Wage

Workplace development programs

Supporting social enterprises

Sustainable business

Section 3: Definitions Definitions to key terms used in this Annex.



June 25, 2015 Page 4-2

SECTION 1: ENVIRONMENTAL IMPACT

This section of the leadership questionnaire addresses the following: environmental or sustainability policy or statement reducing greenhouse gas (GHG) emissions reducing waste sustainable purchasing

1. Do you have a documented Environmental or Sustainability Policy or Statement?

Yes* No

If no, go to question 2.

*If yes, please address the following:

a. Attach a copy of the policy or statement to your Proposal.

b. If the policy is publicly available, please provide a link to the document: ________________________________________________________

2. Does your company measure its greenhouse gas (GHG) emissions?

Yes No

If yes, state total annual GHG emissions (tC02e): ______________________

3. Has your company adopted GHG reduction targets or goals?

Yes No

If yes, state target(s) and year by which they will be achieved (e.g., 33% reduction by 2020):

_____________________________________________________________________________

4. Do you report your GHG emissions to a third party? (e.g., Carbon Disclosure Project, Global

Reporting Initiative, Climate Registry, Climate Smart, Ecobase, Offsetters, etc.)

Yes No

If yes, state the name of the 3rd party: _____________________________________

5. Does your company own or lease buildings (including warehouses) in Metro Vancouver?

Yes No

If no, skip to question 7.



June 25, 2015 Page 4-3

If yes, describe efforts in the past three (3) years to improve the energy efficiency of owned and/or leased buildings in Metro Vancouver with respect to each of the elements listed below. Please limit answer to 300 words or less.

a. equipment and lighting upgrades (e.g., HVAC, water heaters, LED lighting): b. building envelope improvements (e.g., insulation, windows): c. staff conservation and engagement programs (e.g., turning off lights and computers, etc.

_________________________________________________________________________________________

_________________________________________________________________________________________

6. Has your company (or has any of your buildings) been recognized for its building energy

management efforts by a recognized third party such as BC Hydro Power Smart, BOMA BESt, LEED, Portfolio Manager Energy Star, etc.)?

Yes No

If yes, state the name(s) of the 3rd party(ies) and type of recognition: _________________________________________________________________________________________

________________________________________________________________________________________

7. Does your company own or lease fleet vehicles and/or heavy off-road equipment to be operated in

the Metro Vancouver region?

Yes No

In no, skip to question 9.

If yes, what is the size of your fleet (including heavy off-road equipment)? _____________________________________________________________________________________

_____________________________________________________________________________________

8. If yes, describe actions in the past three (3) years to reduce the GHG emissions of vehicles and

heavy equipment operated in Metro Vancouver. (Actions could include: purchase of low emissions vehicles, use of alternative fuels, deployment of telematics software; driver training programs, etc.). Please limit answer to 200 words or less.

_________________________________________________________________________________________

_________________________________________________________________________________________

9. Does your company encourage employees to take more environmentally friendly transportation to

get to work?



June 25, 2015 Page 4-4

Yes No If yes, describe incentives in place to encourage employees to take more environmentally friendly transportation to get to work (e.g., car sharing, secure bike parking and on-site change facilities, public transit incentives). Please limit answer to 200 words or less.

_________________________________________________________________________________________

_________________________________________________________________________________________

10. Describe any other initiatives that have significantly reduced the GHG emissions of your operations.

Please limit answer to 200 words or less.

_________________________________________________________________________________________

_________________________________________________________________________________________

11. Does your company measure the total amount of solid waste generated by your operations

annually?

Yes No

If yes, state annual solid waste figures (kg or tonnes): _________________________________

12. Does your company have waste reduction and/or diversion targets or goals?

If yes, state targets and by what year they are to be achieved?

_____________________________________________________________________________

13. Does your company have an office recycling program in place?

Yes No

If yes, which materials does your company recycle - check only those that apply:

office paper plastic and glass containers soft plastic food waste/compostables batteries printer or toner cartridges Styrofoam

14. Describe any other initiatives that have significantly reduced waste from your operations. Please

limit answer to 200 words or less.

_________________________________________________________________________________________

_________________________________________________________________________________________



June 25, 2015 Page 4-5

15. Does your company have a Sustainable or Ethical Purchasing Policy or a Code of Conduct for

Suppliers that outlines minimum ethical labour standards that must be followed by suppliers?

Yes No

In no, skip to question 16.

If yes, please address the following:

a. Attach a copy of the policy and/or code to the Proposal b. If the policy or code of conduct is publicly available, please provide a link to document:

_______________________________________________________

16. Indicate which environmentally preferable goods or services your company currently purchases –

check only those that apply:

Fair trade and/or organic beverages or other sustainable food items Copy paper (e.g., 100 per cent post-consumer waste; Forest Stewardship Council certified, tree

free) Non-toxic janitorial supplies (e.g., ECOLOGO, Green Seal certified) IT equipment (e.g., ECOLOGO, EPEAT Gold, EnergyStar qualified) Office products Printing services Promotional (marketing) items (e.g., corporate giveaways, prizes, employee recognition

awards) Courier services Catering services Landscaping Services Other: (list)

__________________________________________________________________________________

__________________________________________________________________________________

SECTION 2: SOCIAL IMPACT

This section of the leadership questionnaire addresses the following elements: Living Wage workplace development programs supporting social enterprises sustainable business

1. Is your company already a certified Living Wage employer, or registered and working towards

becoming one? See definition of Living Wage below.

Yes No



June 25, 2015 Page 4-6

If yes, please state either:

a) date of certification; OR

b) date by which you expect to become certified _________________________________________________________________________________________

2. Does your company provide employment and/or training opportunities for persons with barriers to

employment (e.g., people with addictions, mental health issues; people who are newcomers or refugees, etc.) that go beyond the hiring practices required by law? See definition of people with barriers in Section 3 below.

Yes No

If yes, describe the program including the name of the non-profit and/or government partners that you work with to identify potential trainees and employees; and the number of employees/trainees that work in your company. _________________________________________________________________________________________

_________________________________________________________________________________________

3. Does your company conduct business with, or support in other ways, one or more social enterprises

(as defined in Section 3 below).

Yes No

If yes, name the social enterprise(s) and describe the nature of the business conducted and/or support provided.

_________________________________________________________________________________________

_________________________________________________________________________________________

4. Is your company structure either of the following:

a. Social enterprise (as defined in Section 3 below)

Yes No

If yes, state the name of the registered non-profit or co-operative (including society and/or charitable number):

_________________________________________________________________________

b. Community contribution company (C3) (as defined in Section 3 below)

Yes No



June 25, 2015 Page 4-7

5. Has your company’s sustainability performance been reviewed or certified by a third party? (e.g., B Lab, ISO14001, SA8000, Social Fingerprint, etc.)

Yes No

If yes, state the name of the third party and date of certification or date of last review:

_________________________________________________________________________________________

_________________________________________________________________________________________

6. Describe any additional social sustainability initiatives that demonstrate your company’s

commitment to the health and well-being of local communities. Please limit answers to 200 words or less.

_________________________________________________________________________________________

_________________________________________________________________________________________

SECTION 3: DEFINITIONS

Living Wage Employer: Living wage employers adhere to the following criteria:

All employees – full-time, part-time and casual – are paid the current living wage rate for their region. See www.livingwageforfamilies.ca for current Metro Vancouver and Fraser Valley living wage rates.

The living wage rate calculation for an employer takes into account its employees’ total compensation package (wage + benefits). If employees receive non-mandatory benefits, the living wage rate is reduced to take this into account. External contract staff (not direct employees) who provide services to their employer on a regular and ongoing basis must also be paid a living wage.

Employees who receive incentive-based pay (tips) or commissions can be paid less than a living wage, provided their total earnings – including incentive-based pay and/or commissions – equal or exceed the living wage.

Social Enterprise:

“Social enterprises are businesses owned by non-profit organizations, that are directly involved in the production and/or selling of goods and services for the [combined] purpose of generating income and achieving social, cultural, and/or environmental aims (Social Enterprise Council of Canada).” See www.socialenterprisecanada.ca.

In addition to having the aforesaid combined purpose, to qualify as a “Social Enterprise” for purposes hereof, an entity must:

be a business operated by a registered non-profit or community services co-operative; have a product or service that it sells to customers; have a defined social and/or environmental mandate.



June 25, 2015 Page 4-8

Person with Barriers to Employment:

A “person with barriers to employment” is someone who faces one or more circumstances that can lead to underemployment or unemployment. There are a wide range of circumstances that can create barriers to employment including but not limited to: addictions, disabilities, mental health issues, and being a newcomer or refugee. For purposes hereof, to qualify as a “person with barriers to employment", the employee or trainee must be participating in a recognized, pre-approved employment program for person(s) with barriers to employment. Examples include, but may not be limited to, Access/BladeRunners, Potluck Café’s Recipes for Success Services, and Coast Foundation’s Transition Employment Program (TEP).

Community contribution company (C3):

The community contribution company (“C3”) is a new hybrid corporate model launched in British Columbia (BC) to bridge the gap between for-profit businesses and non-profit enterprises. C3 status allows entrepreneurs in BC to pursue social goals through their businesses while still generating a profit and providing investment opportunities to like-minded investors.

C3’s differ from a typical private company in that C3s are subject to an "asset lock," -- a strict cap on the dividends that can be paid out to shareholders, as well as a limit on the assets that shareholders are entitled to receive upon dissolution of the company. The bulk of a C3’s profits must go towards the C3’s community purposes (or be transferred to a qualified entity, such as a charity). The other major difference is that C3s are subject to a higher degree of accountability. For example, C3’s must have three directors, instead of just one, and are required to publish an annual “community contribution” report describing their activities. Both of these requirements are intended to help ensure the community purposes of the C3 are being properly fulfilled.

Refer to www.fin.gov.bc.ca/prs/ccc for more information.


ANNEX 5 – FLEET GREENHOUSE GAS (GHG) REDUCTION AND PACKAGING WASTE REDUCTION

June 25, 2015 Page 5-1

1. Fleet Greenhouse Gas (GHG) Reductions

The Proponent is expected to deliver City goods using energy efficient vehicles in order to reduce greenhouse gas (GHG) emissions. The Proponent is to provide the following information related to vehicle and fleet practices.

1. Describe the number and type of vehicles to be used to deliver the Product(s).

2. For each type of vehicle that will be used to deliver the Product(s), provide the following

information in the table below:

a. Make, Model, Year b. Fuel type (e.g., gasoline, diesel, gas-hybrid, etc.) c. Vehicle class d. City fuel economy (L/100km) e. Estimate of percentage of service to be delivered by this vehicle type

Vehicle Make Model Year Fuel type

Vehicle class

City fuel economy1 (L/100km)

% of service to be

delivered by this vehicle

Vehicle 1 e.g. 30%

Vehicle 2 e.g, 70%

1If this information is not available for the vehicle type, please provide a different measure of the fuel economy of the vehicle (e.g., engine size and power).

3. Route Optimization /Fleet Management

a. What is the location of the distribution centre from which the majority of orders will be

dispatched?

b. What programs does your company have in place to reduce the GHG emissions associated with delivery? Examples could include route optimization software, anti-idling programs, driver training, etc.)

c. List any green fleet certification(s) held by your own or your subcontractor’s fleet (e.g., Fraser Basin Council’s E3 fleet, CleanFLEET, SmartFleet, etc.) and the level achieved.

4. The City may be interested in measuring the GHG emissions associated with delivery of the

Products.

a. Does your company track fuel use on a fleet basis? Yes No


ANNEX 5 – FLEET GREENHOUSE GAS (GHG) REDUCTION AND PACKAGING WASTE REDUCTION

June 25, 2015 Page 5-2

b. Does your company track fuel use on a per vehicle basis? Yes No

c. Are you able to track fuel use for COV-related activities? Yes No

d. If you are not able track fuel use, please propose an alternative method for estimating fuel volumes and/or GHG emissions required to deliver the Products.

2. Packaging Waste Reductions

The Proponent is expected to help the City minimize waste to landfill and incinerator. The Proponent is to provide the following information:

a. Based on the quantities and types of products offered and the packaging required for these products, list the most significant sources and types of packaging waste that will be generated (e.g., hard plastic bottles, cardboard boxes, etc). State whether these types of packaging waste are recyclable within the City of Vancouver’s current residential recycling program (see www.vancouver.ca for information)? State whether the packaging has any post-consumer recycled content.

b. How would you propose to minimize the packaging waste for the products offered? Please address the following as well as any other programs:

(i) Use of returnable containers/totes, state the material of the containers/totes (ii) Bulk packaging (iii) Refillable containers (iv) Packaging take back

c. The City prefers that cleaning products come in non-aerosol forms. List any products offered that come in aerosol form.


ANNEX 6 – DELIVERY LOCATIONS

June 25, 2015 Page 6-1

The City locations encompassing the service requirements within this RFP are listed in the table below. Locations may be added or deleted as deemed necessary throughout the Contract term. Real Estate and Facilities Management

Facility Delivery Locations

Antoinette Lodge 535 East Cordova Street

Library Square 350 West Georgia Street

Gathering Place 609 Helmcken Street

Queen Elizabeth Theatre 649 Cambie Street

Orpheum Theatre 865 Seymour Street

Police Department 3585 Gravely Street

Public Safety Building 312 Main Street

Police Department 2120 Cambie Street

Police Department – Dog Squad 755 Evans Street

Vancouver Jail 236 East Cordova Street

City Hall – Building Services 453 West 12th Avenue

HR MacMillan Planetarium 1100 Chestnut Street

Vancouver Maritime Museum 1100 Chestnut Street

Mount Pleasant Centre 1 Kingsway

West Annex 515 West 10th Avenue

Roddan Lodge 124 Dunlevy Street

Oppenheimer Residence 450 East Cordova Street

Alexander Residence 42 East Cordova Street

Central Residence 42 East Cordova Street

Gresham Residence 716 Smithe Street

Old Continental 1390 Granville Street



June 25, 2015 Page 6-2

New Continental 1067 Seymour Street

Granville Residence 1261 Granville Street

Evelyne Saller Center 320 Alexander Street

Carnegie Center 401 Main Street

Tactical Training Centre 2010 Glen Drive

311 Call Center 1800 Spyglass

City Archives 1100 Chestnut Street

Firehall #1 900 Heatley Street

Kingsway Continential 3484 Kingsway

Evans Yard 955 Evans Avenue

Film and Events 126 Keefer

Parking Enforcement 814 Richards Street

Barclay Manor 1447 Barclay Street

Firehalls:

#1 – Strathcona 900 Heatley Avenue

#2 – Downtown Eastside 199 Main Street

#3 – Mount Pleasant 2801 Quebec Street

#4 – Fairview 1475 West 10th Avenue

#5 – Champlain 3090 East 54th Avenue

#6 – West End 1001 Nicola Street

#7 – Downtown 1090 Haro Street

#8 – Yale Town 895 Hamilton Street

#9 – Grandview/Woodland 1805 Victoria Drive

#10 – University 2992 Wesbrook Mall

#12 – Kitsilano 2460 Balaclava Street



June 25, 2015 Page 6-3

#13 – Riley Park 4013 Prince Albert

#14 – Hastings Sunrise 2804 Venables Street

#15 - Firehall 3003 East 22nd Avenue

#17 – Fraserview 7070 Knight Street

#18 - Shaughnessy 1375 West 38th Avenue

#19 – West Point Grey 4396 West 12th Avenue

#20 – Victoria 5402 Victoria Drive

#21 – Kerrisdale 5425 Carnarvon Street

#22 – Marpole 1005 West 59th Avenue

Firehall Training Centre 1330 Chess Street

Fire Prevention 456 West Broadway Engineering

Equipment Stores 250 West 70th, Avenue

National Garage Stores 701 National Avenue

Comfort Stations Hamilton & Hastings

Engineering - Administration 507 West Broadway

Engineering – Sewer Operation 250 West 70th, Avenue

Engineering – Street Operation 701 National Avenue

Kent Yard 900 Kent Avenue

Parking Enforcement 1125 Howe Street

Traffic and Electrical Operations 701 National Avenue

Vancouver South Transfer Station 250 West 70th Avenue

Engineering – Waterwork Operation 250 West 70th, Avenue

Vancouver Landfill 5400 72nd Avenue, Delta



June 25, 2015 Page 6-4

Parks Board

Parks Board 2099 Beach Avenue

Evans Yard 955 Evans Avenue

Champlain Heights Community Center 3350 Maquinna Drive

Coal Harbour Community Centre 480 Broughton Street

Creekside Community Rec Centre 1 Athletes Way

Dunbar Community Centre 4747 Dunbar Street

False Creek Community Centre 1318 Cartwright Street

Fraserview Golf Course 7800 Vivian Drive

Hastings Community Centre 3096 East Hastings Street

Heather Marina 600 Stamps Landing

Hillcrest Centre 4575 Clancy Loranger Way

Kensington Community Centre 5175 Dumfries Street

Kerrisdale Community Centre 5851 West Boulevard

Killarney Community Centre 6260 Killarney Street

Kitsilano Community Centre 2960 Larch Street

Lord Byng Pool 3990 West 14th Avenue

Marpole Oakridge Community Centre 990 West 59th Avenue

RayCam Cooperative Centre 920 East Hastings

Renfrew Park Community Centre 2929 East 22nd Avenue

Roundhouse Community Centre 181 Roundhouse Mews

Stanley Park Maintenance Pipeline Road, Stanley Park

Sunset Community Centre 6810 Main Street

Templeton Park Pool 700 Templeton Drive

Thunderbird Neighbourhood Assn 2311 Cassiar Street

Trout Lake Community Centre 3360 Victoria Drive



June 25, 2015 Page 6-5

Van Dusen Botanical Garden 5251 Oak Street

Vancouver Aquatic Centre 1050 Beach Avenue

West End Community Centre 870 Denman Street

West Point Grey Community Centre 4397 West 2nd Avenue

Vancouver Public Library

Central Library 350 West Georgia Street

Britannia Branch 1661 Napier Street

Carnegie Branch 401 Main Street

Champlain Heights Branch 7110 Kerr Street

Collingwood Branch 2985 Kingsway

Dunbar Branch 4515 Dunbar Street

Firehall Branch 1455 West 10th Avenue

Fraserview Branch 1950 Argyle Drive

Hastings Branch 2674 East Hastings Street

Joe Fortes Branch 870 Denman Street

Kensington Branch 1428 Cedar Cottage Mews

Kerrisdale Branch 2112 West 42nd Avenue

Marpole Branch 8386 Granville Street

Mount Pleasant Branch 1 Kingsway

Oakridge Branch 650 West 41st Avenue

Renfrew Branch 2969 East 22nd Avenue

South Hill Branch 6076 Fraser Street

Terry Salman Branch 4575 Clancy Loranger Way

West Point Grey Branch 4480 West 10th Avenue



June 25, 2015 Page 6-6

Other City Locations Central Stores

250 West 70th Avenue

Mayors and City Council, City Manager, City Clerks


Animal Control 1280 Raymur Street

Cultural Services Group 111 West Hastings

Mountain View Cemetery

5455 Fraser Street

Human Resources 453 West 12th Avenue

Law


Equal Employment Opportunity


Information Technology

814 Richards Street

Print Shop 453 West 12th Avenue

Revenue Services 453 West 12th Avenue

Supply Management 453 West 12th Avenue


ANNEX 7 – CERTIFICATE OF EXISTING INSURANCE

June 25, 2015 Page 7-1

CERTIFICATE OF EXISTING INSURANCE ATTACHED

Document1

PS20150508

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1. THIS CERTIFICATE IS ISSUED TO: City of Vancouver, 453 W 12th Avenue, Vancouver, BC, V5Y 1V4and certifies that the insurance policy (policies) as listed herein has/have been issued to the Named Insured and is/are infull force and effect.

2. NAMED INSURED (must be the same name as the proponent/bidder and is either an individual or a legally incorporated company)

2.

BUSINESS TRADE NAME or DOING BUSINESS AS

BUSINESS ADDRESS

DESCRIPTION OF OPERATION

3. PROPERTY INSURANCE (All Risks Coverage including Earthquake and Flood)

INSURER Insured Values (Replacement Cost) -

TYPE OF COVERAGE Building and Tenants’ Improvements $

POLICY NUMBER Contents and Equipment $

POLICY PERIOD From to Deductible Per Loss $

4. COMMERCIAL GENERAL LIABILITY INSURANCE (Occurrence Form)Including the following extensions: INSURER √ Personal Injury POLICY NUMBER √ Property Damage including Loss of Use POLICY PERIOD From to√ Products and Completed Operations Limits of Liability (Bodily Injury and Property Damage Inclusive) - √ Cross Liability or Severability of Interest Per Occurrence $ √ Employees as Additional Insureds Aggregate $ √ Blanket Contractual Liability All Risk Tenants’ Legal Liability $ √ Non-Owned Auto Liability Deductible Per Occurrence $

5. AUTOMOBILE LIABILITY INSURANCE for operation of owned and/or leased vehiclesINSURER Limits of Liability - POLICY NUMBER Combined Single Limit $ POLICY PERIOD From to If vehicles are insured by ICBC, complete and provide Form APV-47.

6. UMBRELLA OR EXCESS LIABILITY INSURANCE Limits of Liability (Bodily Injury and Property Damage Inclusive) -INSURER Per Occurrence $ POLICY NUMBER Aggregate $ POLICY PERIOD From to Self-Insured Retention $

7. PROFESSIONAL LIABILITY INSURANCE Limits of Liability INSURER Per Occurrence/Claim $

POLICY NUMBER Aggregate $

POLICY PERIOD From to Deductible Per $ Occurrence/Claim

If the policy is in a “CLAIMS MADE” form, please specify the applicable Retroactive Date:

8. OTHER INSURANCETYPE OF INSURANCE Limits of Liability INSURER Per Occurrence $ POLICY NUMBER Aggregate $ POLICY PERIOD From to Deductible Per Loss $

TYPE OF INSURANCE Limits of Liability INSURER Per Occurrence $ POLICY NUMBER Aggregate $

POLICY PERIOD From to Deductible Per Loss $

SIGNED BY THE INSURER OR ITS AUTHORIZED REPRESENTATIVE

Dated PRINT NAME OF INSURER OR ITS AUTHORIZED REPRESENTATIVE, ADDRESS AND PHONE NUMBER

CERTIFICATE OF EXISTING INSURANCETO BE COMPLETED AND APPENDED TO THE PROPOSAL/TENDER