request for proposal - nova scotia

2021

Municipality of the County of Annapolis

PO Box 100, 752 St. George Street

Annapolis Royal, NS

B0S 1A0

REQUEST FOR PROPOSAL

RFP # 2021 - 3 MUNICIPALITY OF THE COUNTY OF

ANNAPOLIS LEGAL SERVICES

Proposals will be received not later than 4:00 PM local time,

April 02, 2021

REQUEST FOR PROPOSALS MUNICIPALITY OF THE COUNTY OF ANNAPOLIS LEGAL SERVICES

RFP Number RFP 2021-03

Closing Date & Time April 02, 2021 - 4:00 pm (local time)

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Table of Contents

1 Background Information .................................................................................................... 3

2 Terms of Reference ............................................................................................................ 3

3 Instructions ......................................................................................................................... 7

4 Submissions ........................................................................................................................ 8

5 Evaluation Process .............................................................................................................. 9

6 Timeline ............................................................................................................................ 11

7 Requirements ................................................................................................................... 12

8 Qualifications and Quotations .......................................................................................... 13

8.1 Professional and Corporate Information ................................................................... 13

8.2 Transition ................................................................................................................... 14

8.3 Conflict of Interest ..................................................................................................... 14

8.4 Referrals ..................................................................................................................... 14

8.5 Costs ........................................................................................................................... 14

8.6 References from Similar Clients................................................................................. 15

9 Schedule A: Legal Services Proposal Form ....................................................................... 16

10 Appendix: RFP General Terms and Conditions................................................................. 17




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1 Background Information

The Municipality of the County of Annapolis has over 160 km of coastline on the Bay of Fundy. The County is located in the western end of Nova Scotia and borders on two towns, has one village and over one hundred communities in the geographical region; it is an area of rich history and deep roots.. With a population of over 18,000 residents, the County is a community of communities and has a lot to offer. The Main Office is located in the Town of Annapolis Royal on St. George Street The purpose of this proposal is to obtain the provision of a full range of legal advice and support for the Municipality. As part of this process Municipality of the County of Annapolis will be accepting proposals for legal services anticipated to take effect in April or May 2021 (exact date will be determined). These services may be contracted on a one year term to be renewed on an annual basis up to five (5) year maximum on terms satisfactory to the Municipality. Legal Services shall be approved by the Chief Administrative Officer (CAO) or (designate). 2 Terms of Reference

The following areas of focus will be required to be provided by the Respondent:

a) To deliver timely and appropriate legal services to the Municipality in accordance with its jurisdiction and authority.

1) Legislative:

i. Council - Procedural guidance during Council, Committee of the Whole or in-

camera meetings when required.

2) Service Areas:

i. Engineering, Public Works, Infrastructure - Administration, Operations, Property Management, Sewage Collection and Treatment, Leases, Easements, Purchase options, Transportation, Provision of potable water, and Tender support.




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ii. Building and Enforcement Services - Inspection services (Building Code and Regulations), By-law enforcement and prosecutions, animal control, and Fire Safety Act.

iii. Planning and Development Services - Planning policies, Development

Agreements, Public process, Development Control (Planning Document Enforcement, Court and NSUARB representation (Development Officers decisions and Planning appeals).

iv. Parks and Recreation - Lease agreements for parks, Recreation programs, and

Park maintenance.

v. Financial Services - Tax collection, Contracts and RFPs, Accounting, Purchasing, Budgetary, Audit controls and land dedication agreements and deals;

vi. Human Resources - Personnel and Union contracts.

vii. Information Technology - Contracts and RFPs, Data sharing agreements,

Consulting and non-disclosure, Equipment placement, and shared services.

viii. Executive Office - Chief Administrative Officer, Municipal Clerk, By-laws, policy direction for Council, Freedom of Information and Protection of Privacy, General advice under the MGA, Administrative Law, Worker’s Compensation and Occupational Health and Safety, and Emergency measures.

b) To devise a system of service delivery that responds to the requirements of:

1) Ease of accessibility by Municipal Staff, and responsiveness to time constraints. 2) Consistency and continuity of advice. 3) Preparedness to respond to limited time frames. 4) Direct consultation with the Council. 5) Written reports supported by the appropriate research. 6) Cost efficiency and the monitoring of costs.

c) To be knowledgeable of legislation applicable to municipal operations including the Municipal

Government Act, and other acts, by-laws, and regulations.




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d) To be knowledgeable of legislated and other procedures undertaken by appointed officials, committees and Council.

e) To attend meetings of Council in order to advise the Council on parliamentary procedure and

on any matter appearing on the agenda.

f) To be available to attend meetings of Public Hearings, Committee of the Whole, and/or Special Council meetings to periodically advise on specific matters as needed.

g) To meet with the CAO and Municipal Staff to provide guidance on specific matters, prepare for

litigation or other action and discuss general matters of policy.

h) To pursue matters with solicitors of other municipalities, the Province of Nova Scotia, and the Government of Canada in order to represent the position of the Municipality.

i) To keep current on legal knowledge affecting municipalities and to alert the Municipality on

the implications of changes in legislation, decisions of the courts, etc.

j) To review, draft and advise on by-laws, contract agreements and other documents.

k) To represent the Municipality in proceedings against the Municipality and its agents.

l) To advise on matters affecting finances including eligibility for grants, authority to raise funds and to expend public funds.

m) To advise on and to carry out matters affecting the property of the Municipality including

acquisition and development liability respecting property and procedures to dispose of property.

n) To advise on and to action in the enforcement of municipal by-laws in consultation with

departments and committees. To undertake all court actions by the Municipality under its by-laws and provincial legislation.

o) To review and advise on contracts, tenders, collective agreements and other documents

respecting specific commitments of the Municipality to employees or consultants and to represent the Municipality in disputes of those agreements.




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p) To advise on matters relating to the personnel function including employee discipline, hiring, firing, personnel policies, collective bargaining and other matters.

q) Provide a detailed list of value added services, if any, that are proposed to be offered beyond those services listed above.




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3 Instructions

The Municipality of the County of Annapolis invites proposals for its legal services. The Proposals will be based upon the specifications contained in this document. The legal services are anticipated to take effect in April or May (date to be finalized dependant on Council meetings) for a one year term to be renewed on an annual basis up to a five (5) year maximum. For questions concerning work requirement, application, or other, please contact:

Louis Coutinho, Acting Chief Administrative Officer The Municipality of the County of Annapolis PO Box 100, 752 St. George Street Annapolis Royal, NS B0S 1A0 Tel: (902) 532.3130 E-mail: [email protected]




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4 Submissions

Respondents are urged to structure a response in accordance with the requirements contained in this document. It will be by these criteria that a determination will be made as to whether a response is complete, appropriate and competitive. Proposals that do not conform to these requirements may not be considered. All information supplied in response to the RFP must contain sufficient details to support the services being proposed. Any bids represent an irrevocable offer and shall be valid for a period of ninety (90) days following the closing date for submissions. All bids must be received before 4:00 PM local time March 29, 2021. Four copies of a letter format proposal containing the information noted in this RFP are to be submitted as follows: Submit in a sealed opaque envelope plainly marked “RFP 2021-03 Legal Services Municipality of the County of Annapolis” If delivered by mail, address to:

Louis Coutinho, Acting CAO Municipality of the County of Annapolis PO Box 100, 752 St. George Street Annapolis Royal, NS B0S 1A0

If delivered by hand, deliver to: Customer Services Desk 752 St. George Street Annapolis Royal

All proposals received will be held until RFP closing. This document is not intended to limit a Respondent’s submission, but rather to provide a common framework for the Municipality to assess each proposal. Respondents are encouraged to provide any unsolicited information or material not specifically covered in the sections of this RFP. Proposals will be publicly opened, only for the purposes of identifying respondents to the RFP, in the Council Chambers, immediately following the proposal closing. Late proposals shall be returned unopened. All proposals shall be and remain irrevocable unless withdrawn prior to the designated closing time.




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5 Evaluation Process

Evaluation Process All submissions received prior to closing will be evaluated by a Review Panel consisting of a combination of three members of the senior management team. (CAO and three Directors) The Review Panel reserves the right to perform any of the following and to take the information obtained into account in evaluating a Proposal including the right to:

Seek clarification or verify information provided by a proponent with respect to this RFP;

Contact any or all of the references supplied by a proponent to verify any information or data submitted by the proponent and to obtain information about past performance;

Interview either via teleconference or at the Municipality’s offices any or all of the Key Personnel proposed by a proponent; and

Request additional detail(s) on any element(s) of any submission(s).

Bids will be evaluated by Municipal Staff using the following scoring:

1) Compliance by the Bidder with the Request for Proposal pass/fail 2) Organization and Professional Capabilities to serve Municipality 35% 3) Experience of Firm in Municipal Legal Advice and Support 30% 4) Cost of Services 15% 5) Transition, Conflict of Interest, and Referrals 10% 6) References and Interviews 10%

For Organization and Professional Capabilities to serve Municipality – scores will be determined based on the firm’s ability to provide expertise in the above mentioned areas. Points will be added for each lawyer to be part of the main service team with extensive demonstrated experience in one of the particular fields of Municipal government as mentioned above. For Experience of Firm in Municipal Legal Advice and Support – scores will be determined based on the experience, of the proposed team of lawyers, in providing legal advice and support to Municipal units. For Cost of Services - the proposal with the lowest cost will receive 15 points, all other proposals will be ranked on a linear relationship such that a proposal at twice the cost would receive half the points.




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For Transition, Conflict of Interest, and Referrals – scores will be determined based on the plan for transition. Points will be reduced for conflict of interests that cannot be resolved, or changed, as well as the number of times a referral would need to occur. References and interview – scores will be determined based on references provided by similar clients, and additional points may be awarded if there is a decision to interview the leading proposals. The Review Panel shall recommend to Municipality of the County of Annapolis Council that the contract be awarded to the Consultant whose proposal receives the highest Total Score of all the compliant proposals.




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6 Timeline

This Request for Proposal process will be governed by the following timetable of events. Although the Municipality will attempt to meet all dates, it specifically reserves the right to modify any date(s) at its sole discretion by notifying all Legal Firms in writing at the addresses noted in the Proposals submitted to the Municipality.

Item Date

Availability of RFP March 16, 2021

Proposal Submission April 02, 2021

Submission Evaluations April 05, 2021

Preferred Firm Recommendation to Council April 2021

No date after the Proposal Submission date of Friday, April 2, 2021 shall constitute any commitment by the Municipality for any review, evaluation, selection, and announcement or contract finalization.




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7 Requirements

1. Respondents must complete “Schedule A: Legal Services Proposal form”.

2. Proposals should reflect the Municipality's desire to maintain legal services as an integral part

of its functions. Respondents should devise a delivery system, which responds to the political and administrative nature of the Municipality. Particular attention should be paid to the role of a senior solicitor in directing the delivery of services, advising Council and the Chief Administrative Officer (CAO) and generally representing the Municipality.




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8 Qualifications and Quotations

8.1 Professional and Corporate Information

Proposals must include information of a general nature on the current total staffing and

projects of the firm. For comparative purposes, Respondents are requested to describe their experience and resources as it relates to three broad categories of their work:

(A) General - land transactions, tenders, simple contracts, FOIPOP, and employment law

related items. Please identify lead staff that would be providing service for this area of expertise. Equates to approximately 30% of historic legal services needs of the Municipality.

(B) Municipal – Council advice, by-laws, corporate finance, prosecutions, and litigations

stemming from the Municipal Government Act. Please identify lead staff that would be providing service for this area of expertise. Equates to approximately 35% of historic legal services needs of the Municipality.

(C) Planning - contracts, prosecutions, procedures and policies stemming from municipal

planning and development issues. Please identify lead staff that would be providing service for this area of expertise. Equates to approximately 20% of historic legal services needs of the Municipality.

(D) Miscellaneous - Equates to approximately 15% of historic legal services needs of the

Municipality. Included in this category would be items outside the scope mentioned above, and may include unique litigation, or other disputes.

In addition, specific information shall be included with respect to those staff members who are

proposed to have direct responsibility for the Municipality including:

o Name and credentials including areas of expertise o Training and experience o Position in the firm o Proposed relationship to the client o Individual fee scale, where applicable o Preferred area of practice o Anticipated general field of activity on behalf of the Municipality




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8.2 Transition

Proposals should include a description of the Respondent's requirements to assume work on

behalf of the Municipality. Specifically, the Respondent shall identify any open files that may be perceived to compromise its work with the Municipality and shall indicate the time required to resolve those conflicts. In addition, the Respondent should state all assumptions and recommendations about the manner in which the Municipality's current affairs will be transferred. Resources and time requirements should include the period during which the Respondent would become familiar with the ongoing municipal operations. It is the Municipality's intention that the Respondents will not assume litigation or other proceedings in progress with our current solicitors.

8.3 Conflict of Interest

The proposal must include a discussion of the Respondent's perception of "conflict of interest". This must include the Respondent’s anticipation of future activities of the firm, which may be perceived to be linked to the Respondent’s “special knowledge” of the Municipality, and how the Respondent would deal with such cases. The Municipality would expect that all attempts would be made to avoid conflicts and that the Municipality's interests would be the primary concern of the successful firm. 8.4 Referrals

In addition, in identifying matters which the Respondent would recommend be referred to another firm, the proposal shall include a brief explanation of the reasons (conflict of interest or special circumstances) for this recommendation. In addition, the Respondent shall describe the firm's proposed role in this referral and subsequent handling of the matter. 8.5 Costs

Proposals shall include a detailed description of all costs and of the recommended method of

billing and payment. For comparative purposes it is preferable that cost information be reported in the following manner:

o Retainer fee requested, if any, and services to be covered by retainer.




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o Details on services or projects to be billed on a flat fee lump sum fee for service or an hourly basis.

o Services to be charged at an hourly rate and rates to be charged. (Firm member, rate,

and area of responsibility).

o Disbursement items and costs associated with referrals and other specific items that were not reported elsewhere.

o Regular Invoice structure, and other charges or charging methods proposed.

8.6 References from Similar Clients

Respondents should provide three (3) contact names and phone numbers to provide references of the firm’s recent service experience in terms of legal support to public or private sector organizations, with a minimum of two (2) public sector references out of the three.




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9 Schedule A: Legal Services Proposal Form

THE MUNICIPALITY OF THE COUNTY OF ANNAPOLIS

The Municipality of the County of Annapolis’ request for proposals for Legal Services for the next year (which may be renewed on an annual basis for up to five years) anticipated to begin April or May 2021 (exact date to be determined).

LEGAL FIRM

ADDRESS

PHONE FAX

NAME OF PERSON SIGNING FOR LEGAL FIRM

POSITION OF PERSON SIGNING FOR LEGAL FIRM

I/We, the undersigned, having examined the attached Request for Proposal for Legal Services, and having read, understood, and accepted the conditions outlined in the Request for Proposal, each and all of which form a part of this proposal, hereby offer to supply Legal Services in strict accordance with the conditions hereto attached and as outlined in this proposal. SIGNED AT THE ________________ OF ______________________ IN THE COUNTY OF _____________________________ THIS _____________ DAY OF ___________________________, 20_______

(1) ________________________________ __________________________________________________ WITNESS SIGNATURE AUTHORIZED SIGNATURE

(2) ________________________________ WITNESS SIGNATURE ___________________________________________________________________________________________ ADDRESS OF WITNESS (1)

___________________________________________________________________________________________ ADDRESS OF WITNESS (2)




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10 Appendix: RFP General Terms and Conditions

The following is the general terms and conditions for the Request for Proposals (RFP) except as modified by addenda issued by the Municipality of the County of Annapolis (Municipality) prior to the RFP closing date. 1. Notices

1.1. By submitting a response to the RFP, the Respondent represents and warrants that such bid is genuine and not false and collusive or made in the interest or in behalf of any person therein named, and that the bidder has not, directly or indirectly, induced or solicited any other bidder to put in a false bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure to the bidder an advantage over any other bidder.

1.2. If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has in presenting any bid or bids, colluded with any other party or parties, then the contract so awarded shall be liable to the Municipality for all loss or damage which the Municipality may suffer thereby; and the Municipality may advertise for a new contract and for said labour, supplies, materials, equipment or service. Unauthorized conditions, limitations or provisions attached to an RFP may cause its rejection.

1.3. The Respondent, by submitting a bid, shall represent and warrant that they have sufficiently informed themselves in all matters affecting the performance of the work or the furnishing of the labour, supplies, materials, equipment, or service called for in the quotation documents; that they have checked their bid for errors and omissions; that the amounts stated in the bid are correct.

1.4. The Respondent shall confirm in their submission that they agree to abide by the terms and conditions outlined in the RFP. Submissions which do not have this confirmation will not be considered. (Schedule A)

2. Inquiries

2.1. All questions concerning this Request for Proposals shall be directed to Louis Coutinho, Acting Chief Administrative Officer.




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2.2. Any attempt by the Respondent or any of its employees, agents, contractors, or representatives to contact members of Municipal Council or Municipal staff not identified in Section 3 of this RFP may lead to disqualification.

2.3. Any changes to this RFP shall be stated in writing by Addenda. Verbal statements made by Municipal staff or their representatives shall not be binding.

2.4. All potential Respondents who download the RFP documents from the Municipality’s website or a third party website are advised that they should periodically check those websites for any addendums that may be issued. Those websites do not record or otherwise track information on persons downloading RFP documents.

3. Privilege

3.1. The Municipality reserves the right to suspend or cancel any RFP at any time for any reason without penalty.

3.2. The Municipality reserves the right to reject any and all bids or accept any bid or part thereof and may award all or a portion of the work to one or more Respondents.

3.3. The Municipality reserves the right to accept other than the lowest fee offered. 3.4. The Municipality reserves the right to award a contract on the basis of the initial offers

received, without discussions or requests for best or final offers. 3.5. The Municipality reserves the right to waive any informalities, formalities,

technicalities or to reject any or all RFPs based on the Respondent’s lack of proven experience, performance on similar projects or the suitability of proceeding with the execution of the work.

3.6. In the event that a number of suppliers submits bids in substantially the same amount or score, the Municipality may, at its discretion, call upon those Bidders to submit further bids.

3.7. The Municipality reserves the right to inspect any products supplied as a result of this quotation, either during or after manufacture and delivery, and shall be the sole judge as to whether product supplied meets specifications.

3.8. The Municipality reserves the right to reject any Respondent if after an investigation of the evidence submitted by the Respondent fails to satisfy the Municipality that the Respondent is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

3.9. No term or condition shall be implied, based upon any industry or trade practice or custom, any practice or policy of the Municipality or otherwise, which are inconsistent with the provisions contained herein.




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4. Confidentiality

4.1. RFP documents (including all attachments and appendices) may not be used for any purpose other than the submission of a proposal. By submitting a proposal, the Respondent agrees to public disclosure of its contents subject to the provisions of the Municipal Government Act relating to Freedom of Information and Protection of Privacy. Anything in the submission that the Respondent considers to be “personal information” or “confidential information” of a proprietary nature should be marked confidential and will be subject to appropriate consideration of the Municipal Government Act as noted above.

4.2. The work described in any RFP is being conducted with public funds, and the fees and expenses proposed in the Respondent’s submission will be made public.

5. Law

5.1. The law applicable to the RFP and any subsequent agreements shall be the law in force in the Province of Nova Scotia.

5.2. In responding to the RFP, Respondents warrant their compliance with all appropriate Municipal, Provincial and Federal regulations, laws and orders.

5.3. Respondents must agree to indemnify the Municipality and its employees if they fail to comply, and the Municipality reserves the right to cancel any agreement arising from the RFP if the Respondent fails to comply with the above.

5.4. The successful Contractor shall indemnify the Municipality, its officers and employees against and damage caused to the Municipality as a result of any negligence or unlawful acts of the successful Contractor, its employees, agents or manufacturer of the products sold to the Municipality. Similarly, the successful Contractor shall agree to indemnify the Municipality, its officers and employees against any claims or costs initiated by third parties as a result of any negligence or wrongful acts of the successful Contractor, its employees, agents or manufacturer of the products sold to the Municipality.

6. Submission and Evaluation

6.1. Preparation: All expenses incurred in the preparation and presentation of submissions of the response to the RFP is entirely the responsibility of the Respondent. This includes but is not limited to labour, materials and the cost of site visits if applicable.




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6.2. Method of Submission: Hard copy proposals will be the only form accepted along with a supplementing electronic copy via E-mail. Facsimile or telephone proposals will not be considered unless otherwise specified.

6.3. Completeness: It is the Respondent’s responsibility to ensure that their submission is

complete and is delivered to the Municipality by the date and time indicated. Proposals submitted after the above noted time will be returned unopened.

6.4. Changes to Submissions: Changes in a submission will only be considered if submitted

in writing in a sealed envelope, and providing such change is received by the Financial Services prior to the established closing date and time. E-mail and fax amendments or withdrawals shall not be accepted. Changes to a submission will not be accepted after the established closing date and time.

7. Quotations

Prices must be in Canadian funds, and shall include all handling, freight, duty, and any other charges, which are applicable at time quotation is awarded. It is the responsibility of the Contractor to find out from the appropriate authorities what rates and charges are applicable to this quotation.

8. Data and Documents

All data materials, and information collected and work products created (i.e. drawings, calculations, reports) either directly for, or in support of the work outlined in the RFP is the property of the Municipality. The Respondent shall not be permitted to publish or in any way use said information without the expression or final approval of the Municipality of the County of Annapolis.