REQUEST FOR PROPOSALS

2016-RFP-29 MARKETING CONSULTANT

Issue Date: November 22, 2016

The City of Penticton is seeking proposals from qualified individuals or companies for a marketing consultant. Original and three (3) complete copies of a Proposal in an envelope plainly marked "2016-RFP-29 Marketing Consultant” or an electronic copy in PDF format in one (1) complete file must be received prior to the Closing Date and Time. Fax submissions will NOT be accepted. RFP Closing Time: 2:00 p.m. local time RFP Closing Date: Tuesday, December 6, 2016 Delivered to: City of Penticton

616 Okanagan Avenue East Penticton, BC V2A 3K6 Attention: Cathy Ingram, Procurement Manager

Submission Enquiries: Cathy Ingram, Procurement Manager e-mail cathy.ingram@penticton.ca

Proposals will not be opened in public.

It is the sole responsibility of the Proponent to check the City’s website at www.penticton.ca for any updated information and addenda issued before the closing date. www.penticton.ca is the only authorized website to obtain competitive bid documents for the City of Penticton opportunities. The City of Penticton shall not be held responsible for our competitive bid documents that are located on any other website.

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TABLE OF CONTENTS 1.0 PROJECT OVERVIEW .............................................................................................................. 3

2.0 BACKGROUND ........................................................................................................................ 3

3.0 GOAL ........................................................................................................................................ 4

4.0 INTERPRETATION ................................................................................................................... 5

5.0 PAYMENT ................................................................................................................................. 6

6.0 CONTENT OF PROPOSAL ...................................................................................................... 6

7.0 INSTRUCTIONS TO BIDDERS ................................................................................................ 6

8.0 REQUEST FOR RFP PROCESS ................................................................................................ 7

9.0 PRE-RFP INFORMATION ........................................................................................................ 7

10.0 PROPOSAL PREPARATION .................................................................................................. 11

11.0 ADDITIONAL TERMS ............................................................................................................ 12

12.0 CONDITIONS ......................................................................................................................... 12

13.0 CONTRACTOR’S OBLIGATIONS .......................................................................................... 13

14.0 INSURANCE PROTECTION AND DAMAGE ....................................................................... 14

15.0 SPECIFICATIONS ................................................................................................................... 16

PROPOSAL SUBMISSION FORM ....................................................................................................... 19

APPENDIX A – CERTIFICATION DOCUMENT ................................................................................... 22

APPENDIX B - CONFLICT OF INTEREST CERTIFICATION ............................................................... 23

APPENDIX C – REFERENCES............................................................................................................ 24

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1.0 PROJECT OVERVIEW The City of Penticton (the City) is seeking a marketing consultant or consultants to assist qualified events in reaching target markets and raising visitor attendance and revenue. Co-operative marketing will give the City professional insight in promoting events more effectively and expanding or recruiting events more strategically. 2.0 BACKGROUND Municipalities across Canada are dealing with daunting infrastructure deficits and proceeding with caution when it comes to costly capital projects. The City of Penticton estimates its infrastructure deficit at $175 million. At the same time, municipalities are recognizing sports and events tourism as a supplemental use of existing infrastructure and a sustainable source of funding for the future. Uniquely local events create a sense of place, capitalize on cultural and natural assets and connect with residents, visitors and investors. Confident events will drive economic growth in a less seasonal and more sustainable way, the City of Penticton is developing an Eventful Penticton Strategy (http://www.penticton.ca/assets/Council~Meetings/2016/2016-08-02%20Regular%20Agenda%20Package.pdf). The strategy proposes a measured shift in event hosting for the Penticton area, resulting in:

• Mid-week and off-peak camps and conferences to complement sport competitions • Outreach for events like Fest-of-Ale and Peach City Beach Cruise appealing to target markets • More accessible events featuring economical arts and culture and active leisure • Beach and lakeside events through spring and fall, attracting drive markets in BC, AB and WA • Corporate events like Lulu Lemon Wheels and Reels (GranFondo) and Rogers Hometown Hockey • Hybrid events like the Penticton Scottish Festival combining competition and culture

In a questionnaire issued to 15 major events by Tourism Penticton in 2015, organizers identified outreach to businesses, media, residents and visitors, marketing assistance and social media as their most pressing needs. The City is meeting the needs expressed with a Co-operative Marketing Program, enlisting a variety of consultants to provide cost-effective marketing, media and public relations expertise to qualified events. Part of the criteria to qualify events will be the availability of matching funds for marketing. Marketing plans produced and events promoted in this program will align with the City of Penticton’s Economic Development Strategy (http://www.penticton.ca/EN/main/business/penticton-profile-opportunities.html) which targets entrepreneurial millennials and premier retirees as visitors and potential residents and business owners. The City is well positioned to engage these markets after winning bids on the 2017 Western Canada Cup Hockey Tournament (April-May), 2017 International Triathlon Union (ITU) Multisport World Championship Festival (August) and 2018 Scotties Tournament of Hearts Canadian Women’s Curling Championship (January-February). Geographically, the City of Penticton encourages events to tap BC drive markets, such as those in the neighbouring Kootenay Rockies or Cariboo Chilcotin Coast regions. Residents of these regions are even more enthusiastic about hiking, beach activities and lake swimming than Thompson Okanagan residents, according to Destination BC’s Tourism Sector Profile on Outdoor Adventure. Penticton’s proximity to a 24-hour US border crossing and the Canadian dollar’s value make the Pacific Northwest another target market for events. The Eventful Penticton Strategy forecasts a shift among event organizers to digital and social media marketing as opposed to traditional advertising. Event organizers have limited budgets and will look to consultants and their use of technology to reach target markets and track results in the most cost-effective and creative ways possible. Along with digitalization, packaging event admission with accommodations, activities and attractions is another increasingly popular strategy in converting potential visitors into profitable event attendees. Supporting insights: Penticton and area events receiving 2015 questionnaire from Tourism Penticton:

• Okanagan Valley Throwdown CrossFit (www.hoodooadventures.ca/January) • Kiwanis Music, Dance and Speech Arts Festival (www.pkmf.org/March-May)

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• Ramada Elevator Race (www.hoodooadventures.ca/March) • Okanagan Fest-of-Ale (festofale.ca/April) • Adventure Addiction Festival (www.hoodooadventures.ca/May) • Meadowlark Nature Festival (meadowlarkfestival.ca/May) • Rotary RibFest (www.pentictonribfest.com/June-July) • Scottish Festival (www.pentictonscottishfestival.ca/July) • Prospera GranFondo Axel Merckx Cycling (www.granfondoaxelmerckx.com/July) • Peach Classic Triathlon (peachclassic.ca/July) • Ultra520K Canada (ultra520kcanada.com/July-August) • Challenge Penticton (challenge-penticton.com/August) • Dragon Boat Festival (pentictondragonboat.com/September) • Freak’n Farmer Obstacle Race (www.hoodooadventures.ca/September) • Oktoberfest (pentictonoktoberfest.ca/October)

According to the Business Council of British Columbia’s Opportunity BC 2020: Tourism Sector:

• Half of visitors and 28 percent of spending arise from BC residents travelling within the province. • Tourism-related arts, entertainment and recreation have grown by 39 percent in BC since 1997. • By finding ways to encourage current visitors to extend their trip an extra night (such as increasing the

number of attractions, festivals and events) the industry’s revenues would increase substantially. http://www.bcbc.com/content/558/2020_200910_Mansfield_Tourism.pdf According to Destination BC’s 2014 Tourism Sector Profile on Outdoor Adventure:

• The most common outdoor recreational activities of British Columbia residents include day hiking (55 percent), beach activities (51 percent) and swimming at a lake or river (49 percent).

• Among British Columbia tourism regions, Kootenay Rockies has the highest percentages of residents participating in day hiking (69 percent), beach activities (70 percent) and swimming (73 percent).

http://www.destinationbc.ca/getattachment/Research/Research-by-Activity/Land-based/Tourism-Sector-Profile_OutdoorAdventure_May2014.pdf.aspx) According to Thompson Okanagan Tourism Association’s 2012 In-Market Research Report:

• Visitors to the region participated in a greater range of activities than they were originally motivated by, with the greatest differences (and opportunities) in shopping, visiting a winery and hiking.

• Future trips are most likely to be mini-vacations (3-5 nights) and more likely during spring than fall. http://www.destinationbc.ca/getattachment/Research/Research-by-Region/Thompson-Okanagan/In-Market_Regional_Report_TOTA_2012.pdf.aspx According to Travel Penticton’s 2016 statistics:

• Tourism Penticton’s 1,969,496 Facebook impressions and 29,309 Instagram impressions through August 2016 surpassed the totals for all of 2015. Its 177,600 Twitter impressions are on track to top 2015.

• Contests and packages for 2016 Okanagan Fest-of-Ale at Penticton Trade and Convention Centre contributed to a 133 percent increase in out-of-town ticket purchasers (1,348).

http://www.visitpenticton.com/ According to the City of Penticton’s 2015 Economic Development Profile:

• With its beautiful landscape and excellent weather, Penticton has carved out several tourism niches including sport tourism, agri-tourism, business tourism and events.

• Penticton earns half (47 percent) of its annual room revenue in July and August, seasonality it is working to reduce with spring triathlon camps, the Fall Okanagan Wine Festival and winter snowbird campaigns.

http://www.penticton.ca/assets/Business/Documents/Economic%20Development%20Profile.pdf 3.0 GOAL

Co-operative marketing will provide the City with expertise in event best practices and trends and a more digital, evidence-based approach to event attraction and expansion and economic development.

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4.0 INTERPRETATION

4.1 DEFINITIONS a. “Best Value” means the value placed upon quality, service, past performance and price. b. “City” means The Corporation of the City of Penticton. c. “City Representative” means the representative or appointee engaged by the City to supervise

the Work. d. “Contract” means an agreement between the City and the Successful Proponent. e. “Contractor” means the Successful Proponent to this RFP who enters into a written Contract

with the City. f. “Council” means the duly elected officials of the City. g. “must,” “mandatory” or “required” means a requirement that must be met in order for a

Proposal to receive consideration. h. “Premises” shall mean building(s) or part of a building with its appurtenances. i. "Proposal" shall mean the Proponent's submission to the RFP. j. “Proponent” means a party submitting a Proposal to this RFP. k. “RFP” means the “Request for Proposal”. l. “Request for Proposal” includes the documents listed in the index of the Request for Proposal

and any modifications thereof or additions thereto incorporated by addenda before the close of RFP.

m. “Services” means any labour, materials, duty and/or efforts to accomplish the purpose of this

project. n. “should” or “desirable” means a requirement having a significant degree of importance to the

objectives of the Request for RFP. o. “Special Conditions” means the special conditions, which are included in the RFP. p. “Specifications” means the specifications which are included in the RFP. q. “Sub-contractor” includes, inter alia, a person, firm or corporation having a contract with the

Successful Proponent for the execution of a part or parts, or furnishing to the Successful Proponent materials and/or equipment called for in the RFP.

r. “Successful Proponent” means the Proponent submitting the most advantageous RFP as

determined by the City of Penticton. s. “Work” means any labour, materials, duty and/or efforts to accomplish the purpose of this

project.

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5.0 PAYMENT

Payment shall be made to the Consultant by way of cheque or bank draft, with marketing expenses made payable to the Consultant based on approval of the marketing plan and budget and consulting expenses made payable to the Consultant based on an agreed upon set of deliverables outlined in 15.3.

6.0 CONTENT OF PROPOSAL

Proposals (one original and three copies) must be submitted in printed form. The following documents must be included in the submission.

a. Proposal Submission Form b. Completed Appendix A – Certification Document c. Completed Appendix B – Conflict of Interest Certification d. Completed Appendix C – References e. Proponent Profile and Results – Proposals should include a brief description of the consultant’s

capabilities and evidence of past marketing results related to this program; methodology for design of a marketing plan, tracking and reporting results and using analytics and data visualization.

f. Market Knowledge – Proposals should address the specifications outlined in Section 15.0, paying specific attention to deliverables and reporting requirements. Proponents should describe their experience with and knowledge of Penticton and area events and tourism stakeholders.

g. Fees – Proposals must include costs including a flat rate to complete an event marketing plan as well as a rate per hour for additional consulting upon request. Proposals should include a budget that identifies expenses associated with the proposal, including, but not limited to, consulting, reporting and travel.

h. Value-Add – Proposals may include ideas beyond the scope of this request that further assist in achieving the goal of co-operative marketing. Ideas should result in a more robust plan, leading to more relevant results and actionable recommendations for the City and events. Rates for value-add content which may fall out of scope should be included. Value-add should be separated in the final report appendices.

7.0 INSTRUCTIONS TO BIDDERS

7.1 GENERAL

a. The law applicable to this RFP shall be the law in effect in the Province of British Columbia. Except for an

appeal from a British Columbia Court to the Supreme Court of Canada, no action in respect to this RFP shall be brought or maintained in any court other than in a court of the appropriate jurisdiction of the Province of British Columbia.

b. In carrying out its obligations hereunder, the Proponent shall familiarize itself and comply with all

applicable laws, bylaws, regulations, ordinances, codes, specifications and requirements of all regulatory authorities, and shall obtain all necessary licenses, permits and registrations as may be required by law. Where there are two or more laws, ordinances, rules, regulations or codes applicable to the Works, the more restrictive shall apply.

c. Applicability of law: All references in the RFP to statutes and regulations thereto and City bylaws shall be

deemed to be the most recent amendments thereto or replacements thereof. d. Copyright: All designs, drawings, concept drawings, specifications, digital, hard copies, web pages,

internet pages, maps and plans commissioned by the City of Penticton, shall remain the property of the City of Penticton.

e. In the case of any inconsistency or conflict between the provisions of the RFP, the provisions of such

documents and addenda thereto will take precedence in governing in the following order: (1) addenda; (2) RFP; (3) Special Conditions; (4) Specifications; (5) Drawings; (6) Executed Form of RFP; (7) all other documents.

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f. Headings are for convenience only: Headings and titles in the RFP are for convenience only and are not explanatory of the clauses with which they appear.

g. Method of payment is governed by City policy as well as applicable Federal and Provincial laws. h. The RFP, accepted submission, and City Contract represent the entire Agreement between the City and

the Successful Proponent and supersede all prior negotiations, representations or agreements either written or oral. The Contract may be amended only by written instrument agreed and executed by the Successful Proponent and the City.

8.0 REQUEST FOR RFP PROCESS

8.1 NOT A TENDER CALL This RFP is not a tender call, and the submission of any response to this RFP does not create a tender process. This RFP is not an invitation for an offer to contract, and it is not an offer to contract made by the City.

8.2 NO OBLIGATION TO PROCEED

Though the City fully intends at this time to proceed through the RFP, the City is under no obligation to proceed to the purchase, or any other stage. The receipt by the City of any information (including any submissions, ideas, plans, drawing, models or other materials communicated or exhibited by any intended Proponent or on its behalf, shall not impose any obligations on the City. There is no guarantee by the City, its officers, employees or agents, that the process initiated by the issuance of this RFP will continue, or that this RFP process or any RFP process will result in a contract with the City. 8.3 ADDENDA AND SUBSEQUENT INFORMATION Proponents are advised that all subsequent information regarding this RFP including any addendum will be posted on the City’s webpage. 8.4 ELIGIBILITY

Proposals will not be evaluated if the Proponent’s current of past corporate or other interests may, in the City’s opinion, give rise to a conflict of interest in connection with the RFP. 8.5 CONFLICT OF INTEREST

Any potential or perceived conflict of interest must be disclosed to the City in writing through the use of the Conflict of Interest Certification in Appendix B. Any conflict of interest identified will be considered and evaluated by the City. The City has the sole discretion to take the steps they deem necessary to resolve the conflict. If during the term of the Contract, a conflict or risk of conflict of interest arises, the Contractor will notify the City immediately, in writing, of that conflict or risk and take any steps that the City reasonably required to resolve the conflict of deal with the risk.

8.6 LATE PROPOSALS

Proposals received after the final date and time for receipt of Proposals will be considered as “late Proposals.” Late Proposals will not be accepted and will be returned unopened to the sender.

9.0 PRE-RFP INFORMATION

9.1 COST OF PREPARATION Any cost incurred by the Proponent in the preparation of this Proposal will be borne solely by the Proponent.

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9.2 INTENTION OF THE CITY The Proponent that submits to the City the most advantageous Proposal and which represents the interests of the City, best overall, may be awarded the contract. The City reserves the right to accept or reject all or part of the RFP, however, the City is not precluded from negotiating with the Successful Proponent to modify its Proposal to best suit the needs of the City.

9.3 REJECTION OF PROPOSALS The City reserves the right to reject, at the City’s sole discretion, any or all Proposals, without limiting the foregoing, any Proposal which either:

a. is incomplete, obscure, irregular or unrealistic; b. has non-authorized (not initialled) erasures or corrections in the Proposal or any schedule

thereto; c. omits or fails to include any one or more items in the Proposal for which a price is required by the

RFP; d. fails to complete the information required by the RFP to be furnished with a Proposal; and/or e. fails to complete the information required whether the same purports to be completed or not.

Further, a Proposal may be rejected on the basis of the Proponents past performance, financial capabilities, completion schedule and compliance with Federal, Provincial, and/or Municipal legislation. As it is the purpose of the City to obtain a Proposal most suitable to the interests of the City and what it wishes to accomplish, the City has the right to waive any irregularity or insufficiency in any Proposal submitted and to accept the Proposal which is deemed to provide the Best Value to the City.

9.4 EVALUATION CRITERIA

Proposals will be checked against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration. If all submissions do not meet the City’s mandatory criteria, it shall remain the City’s sole discretion to evaluate submissions and reject all or award to the Proponent with the highest overall ranking.

MANDATORY CRITERIA

MANDATORY CRITERIA

• Proposal Submission Form • Completed Appendix A – Certification Document • Completed Appendix B – Conflict of Interest Certification • Completed Appendix C - References

SCORED EVALUATION CRITERIA

Proposals meeting the mandatory requirements will be further evaluated based on predetermined criteria and weighting as detailed below:

Proponent Results - 40%

• Outline marketing capabilities and specialties of the Proponent • Provide clear evidence of having successfully performed this or similar work • Show experience in benchmarking and tracking data and results from a marketing plan • Demonstrate ability to simplify results and support recommendations using data visualization

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Fees - 30%

• Quality of the narrative supporting proposed rates • How reasonable the budget is for each aspect of the proposal • Proposed fees are reasonable and related to the work identified • Fees are manageable with regards to qualified event budgets • Fees are competitive with regards to other proposals

Market Knowledge - 20%

• Offer insight into the Penticton and area event tourism market, including destination events, regional support network and target markets

• Show an understanding of the consultative process within the event community • Show an understanding of the Eventful Penticton Strategy and reporting to the City of Penticton

Value Adds - 20%

• Proposal indicates thought and consideration has gone into meeting the goal of the request, highlighting any additional ideas or items that could enhance results and recommendations

• Connections within the community that could lead to resources or savings for qualified events

9.5 EVALUATION COMMITTEE

Evaluation of Proposals may be by an Evaluation Committee formed by the City and may include a representative of its Procurement Division.

Upon submitting a Proposal, Proponents agree that the City may disclose their company name; however, no prices, scores, weights or totals will be provided to any Proponents.

Awards will be made based on the Best Value offered, and the Best Value will be determined by the City. The quality of the service to be supplied, the conformity with the specifications, the suitability to requirements, guarantee clauses, and references shall all be taken into consideration. 9.6 CONFIDENTIALITY OF PROPOSALS

The City will endeavour to keep all Proposals confidential. The material contained in the Proposal from the Successful Proponent will be incorporated in a contract and information which is considered sensitive and/or proprietary shall be identified as such by the Proponent. Technical or commercial information included in the City contract shall not be released if the Logistics Department of the City deems such releases inappropriate, subject to the Protection of Privacy and Freedom of Information Act. 9.7 CONFIDENTIALITY OF CITY’S INFORMATION All Proponents and any other persons who, through this RFP process, gains access to the City’s confidential financial information, are required to keep strictly confidential all information which in any way reveals confidential business, financial or investment details, programs, strategies or plans learned through this RFP process. This requirement will continue with respect to such information learned by the Successful Proponent, if any, over the course of any contract for service which arises out this RFP process. Information pertaining to the City obtained by the Proponent as a result of participation in this process is confidential and must not be disclosed without written authorization of the City.

9.8 CLARIFICATION

The City reserves the right to seek Proposal clarification with the Proponents to assist in making evaluations.

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9.9 GIFTS AND DONATIONS

Proponents will not offer entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee of the City. The Successful Proponent shall report to the City’s Procurement Department any attempt by City employees to obtain such favours.

9.10 ACCEPTANCE OF PROPOSAL

The City shall not be obligated in any manner to any Proponent whatsoever until a written agreement has been duly executed relating to an approved Proposal.

No act of the City other than written notice signed by the City’s Corporate Officer or Logistics Manager shall constitute an acceptance of a Proposal. Such acceptance shall bind the Successful Proponent to execute in a manner satisfactory to the City.

9.11 NEGOTIATION DELAY If a written Contract cannot be negotiated within 30 days of notification to the Successful Proponent, the City may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the RFP process and not enter into a Contract with any of the Proponents.

9.12 ENQUIRIES AND CONTACT DURING THE RFP PROCESS All enquiries related to this RFP are to be directed, in writing, to

Cathy Ingram, Procurement Manager City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 cathy.ingram@penticton.ca

The Procurement Manager (or designate) is the City’s only representative authorized to communicate and otherwise deal with Proponents and all Proponents must communicate and otherwise deal with that person only. Contact with any other City representative, including members of Council, officers or employees of the City regarding this RFP of a Proponent’s submission may result in the Proposal being removed from consideration for this and any future competitions. Enquiries and responses will be recorded and may be distributed to all Proponents at the City’s option. Questions will not be accepted or answered within 48 hours of the Closing date and time.

9.13 SUBMITTAL DEADLINE AND INSTRUCTIONS Delivery of Proposals to the City Procurement office located at Penticton City Yards prior to the specified date and time is solely and strictly the responsibility of the Proponent. The City shall not, under any circumstances, be responsible for delays caused by any delivery service, or for delays caused by any other occurrence. All Proposals must be manually and duly signed by an authorized corporate officer or principal(s) of the organization with the authority to bind said Proponent. Proposals must be received by 2:00 p.m. (local Penticton time) on Tuesday, December 6, 2016 at:

Procurement Department City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 purchasing@penticton.ca

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Proposals and their envelopes should be clearly marked with the name and address of the Proponent and the RFP program title.

10.0 PROPOSAL PREPARATION

10.1 ALTERNATIVE SOLUTIONS If alternative solutions are offered, please submit the information in the same format, as a separate Proposal.

10.2 CHANGES TO PROPOSAL WORDING

The Proponent will not change the wording of its Proposal after the submission deadline and no words or comments will be added to the Proposal unless requested by the City for purposes of clarification.

10.3 IRREVOCABILITY OF PROPOSALS

By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing date and time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be successful, the Proponent will enter into a contract with the City.

10.4 PROPONENT’S EXPENSE

Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the City, if any. If the City elects to reject all Proposals, the City will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract or any other matter whatsoever. 10.5 LIMITATION OF DAMAGES

The Proponent, by submitting a Proposal, agrees that it will not claim damages, for whatever reason, relating to the RFP or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its Proposal. The Proponent, by submitting a Proposal, waives any claim for loss of profits if no agreement is made with the Proponent.

10.6 FIRM PRICING

Proposals must be firm for at least 60 days after the RFP Closing Date. Prices will be firm for the entire contract period. 10.7 CURRENCY AND TAXES Prices quoted are to be:

• in Canadian dollars; • inclusive of duty, where applicable; • FOB destination, delivery charges included where applicable; and • excluding applicable taxes.

Proponents acknowledge that, if it is a non-resident company, payments to the Proponent, as a non-resident, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident, provides the City with an official letter from Canadian Customs and Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada).

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11.0 ADDITIONAL TERMS

11.1 SUB-CONTRACTING a. Using a Sub-contractor (who must be clearly identified in the Proposal) is acceptable. This

includes a joint submission by two (2) Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful interconnection of the two (2) product or service lines and this must be defined in the Proposal.

b. A Sub-contractor individual or firm, whose current or past corporate or other interests may, in the

City’s opinion, give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Proposal.

c. Any Sub-contracting of the service to any firm or individual after the award of a Contract must

have prior written approval by the City.

11.2 LIABILITY FOR ERRORS

While the City has used considerable efforts to ensure an accurate representation of information in this RFP, the information contained in this RFP is supplied solely as a guideline for Contractors. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve Contractors from forming their own opinions and conclusions with respect to the matters addressed in this RFP. 11.3 AGREEMENT WITH TERMS By submitting a Proposal the Contractor agrees to all the terms and conditions of this RFP. Contractors who have obtained the RFP electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the Proposal. 11.4 USE OF REQUEST FOR PROPOSALS This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals.

12.0 CONDITIONS

a. A qualified Proposal is one which meets the needs and specifications of the City, the terms and

conditions contained in the RFP. The preferred Proposal is a qualified Proposal offering the Best Value, as determined by the City.

b. The City will decide whether a Proposal is qualified by evaluating all of the Proposals based on

the needs of the City, specifications, terms and conditions and price. The City Evaluation Committee will examine all Proposals and recommend which Proposal is in the City’s best interest.

c. A Proposal which is unqualified is one that exceeds the cost expectations of the City and/or does

not meet the terms and conditions contained in the RFP and/or does not meet the needs and specifications of the City. The City reserves the right to reject any or all unqualified Proposals.

d. The City reserves the right to cancel this RFP at any time. e. The City recognizes that Best Value is the essential part of purchasing a product and/or service

and therefore the City may prefer a Proposal with a higher price, if it offers greater value and

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better serves the City’s interests, as determined by the City, over a Proposal with a low price. The City’s decision shall be final.

f. The City reserves the right to negotiate with a preferred Proponent, or any Proponent, on any

details, including changes to specifications and price. If specifications require significant modification, all Proponents shall have the opportunity to adjust their Proposals or re-submit altogether, as determined by the City Procurement Department and/or department head.

g. All equipment, goods and workmanship must conform to all Laws and Standards necessary for

use in Canada and the Province of British Columbia.

h. The Successful Proponent, herein named the Contractor, shall guarantee that their Proposal will meet the needs of the City and that any or all items supplied and/or services rendered shall be correct. If the items supplied by the Contractor and/or the services rendered by it are in any way incorrect or unsuitable, all correction costs shall be borne solely by the Contractor.

i. All proposed prices shall include delivery F.O.B. City Works yard or other destination point, as

specified by the City, and the Contractor shall bear all risks of loss and/or damage. j. Where only one Proposal is received, the City reserves the right not to make public the amount of

the Proposal. The amount of the Proposal will be made public if a contract is awarded. The City reserves the right to accept or reject a Proposal, where only one Proposal is received.

k. The City reserves the right in its sole discretion to accept or reject all or part of any Proposal

which is non-compliant with the requirements of this RFP.

l. The City shall not be obligated either to accept or reject any non-compliance with the requirements of this RFP.

m. Cancellation Clause: The City reserves the right to cancel the Contract for goods and/or services

as outlined in this RFP, at any time, by providing 30 days written notice to the Contractor.

13.0 CONTRACTOR’S OBLIGATIONS

13.1 REGISTRATION WITH WORKSAFE BC (WCB) The Contract may contain a provision that the Contractor and any approved Sub-contractors must be registered with WorkSafe BC (WCB), in which case WorkSafe BC (WCB) coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Contractor may be required to submit a WorkSafe BC (WCB) Clearance Letter indicating that all WCB assessments have been paid.

The Contractor shall ensure compliance on their part with the Workers' Compensation Act and any regulations there under, especially provisions of said Act or of regulations under said Act having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation.

In any case where pursuant to the provisions of the Workers' Compensation Act, the Workers' Compensation Board orders the Contractor in respect of his operations under this Agreement, to cease operations because of failure to install or adopt safety devices or appliances directed by the order of the said Board, or required under said Act or regulations there under or because said Board is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, or because of lack of payment of an account due to the Board, the City on twenty-four (24) hours written notice to the Contractor, may terminate the Contract.

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13.2 GOVERNING REGULATIONS

The Contractor shall apply and pay for all necessary permits or licences required for the execution of the Work (but this shall include the obtaining of permanent easements or rights of servitude). The Contractor shall give all necessary notices, pay for all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health. The Contractor shall be responsible for the safety of all workers and equipment on the project in accordance with all applicable safety legislation passed by Federal, Provincial and local authorities governing safety.

14.0 INSURANCE PROTECTION AND DAMAGE

14.1 GENERAL INSURANCE

The Contractor shall procure and maintain, at its own expense and cost, the insurance policies listed in Section 10.2, with limits no less than those shown in the respective items, unless in connection with the performance of some particular part of the Work or Services, the City advises in writing that it has determined that the exposure to liability justifies less limits. The insurance policy or policies shall be maintained continuously from commencement of the Work or Services until total completion of the Work or Services or such longer period as may be specified by the City.

14.2 INSURANCE

As a minimum, the Contractor shall, without limiting its obligations or liabilities under any other contract with the City, procure and maintain, at its own expense and cost, the following insurance policies: Commercial General Liability Insurance Providing for an inclusive limit of not less than $2,000,000 for each occurrence or accident; providing for all sums which the Contractor shall become legally obligated to pay for damages because of bodily injury (including death at any time resulting therefrom) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out of or related to the Work or Services or any operations carried on in connection with this Contract; including coverage for Contractor's Protective, Personal Injury, Contingent Employer's Liability, Broad Form Property Damage, and Non-Owned Automobile Liability.

Cross Liability Coverage Coverage must include a Cross Liability clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder, in respect to any claim, demand, suit or judgment made against any other Insured.

Automobile Liability Insurance Automobile Liability Insurance covering all motor vehicles, owned, operated and used or to be used by the Contractor directly or indirectly in the performance of the Work or Services. The Limit of Liability shall not be less than $2,000,000 inclusive, for loss or damage including personal injuries and death resulting from any one accident or occurrence. Such All Risks Insurance shall be endorsed to waive all rights of subrogation against the City.

14.3 THE CITY NAMED AS ADDITIONAL INSURED

The policies required by section .2 above shall provide that the City is named as an Additional Insured thereunder and that said policies are primary without any right of contribution from any insurance otherwise maintained by the City.

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14.4 CONTRACTOR'S SUB-CONTRACTORS

The Contractor shall require each of its S ub-contractors to provide comparable insurance to that set forth under Section .2 above.

14.5 CERTIFICATES OF INSURANCE

The Contractor agrees to submit Certificates of Insurance, for itself and for all of its Sub-contractors to the Procurement Department of the City prior to commencing the Work or providing the Services. Such Certificates shall provide that 30 days' written notice shall be given to the City’s R isk Management Department, prior to any cancellations of any such policy or policies. The Contractor agrees to notify the City of any material changes to such policy or policies.

14.6 OTHER INSURANCE

After reviewing the Contractor's Certificates of Insurance, the City may require other insurance or alterations to any applicable insurance policies in force during the period of this Contract and will give notifications of such requirement. Where other insurances or alterations to any insurance policies in force are required by the City and result in increased insurance premium, such increased premium shall be at the Contractor’s expense.

14.7 ADDITIONAL INSURANCE

The Contractor may take out such additional insurance, as it may consider necessary and desirable. All such additional insurance shall be at no expense to the City. The Contractor shall ensure that all of its Sub-contractors are informed of and comply with the City's requirements.

14.8 INSURANCE COMPANIES

All insurance, which the Contractor is required to obtain with respect to this Contract, shall be with insurance companies registered in and licensed to underwrite such insurance in the province of British Columbia.

14.9 FAILURE TO PROVIDE

If the Contractor fails to do all or anything which is required of it with regard to insurance, the City may do all that is necessary to effect and maintain such insurance, and any monies expended by the City shall be repayable by and recovered from the Contractor. The Contractor expressly authorizes the City to deduct from any monies owing the Contractor, any monies owing by the Contractor to the City.

14.10 NON-PAYMENT OF LOSSES

The failure or refusal to pay losses by any insurance company providing insurance on behalf of the Contractor or any Sub-contractor shall not be held to waive or release the Contractor or Sub-contractor from any of the provisions of the Insurance Requirements or this Contract, with respect to the liability of the Contractor otherwise. Any insurance deductible maintained by the Contractor or any Sub-contractor under any of the insurance policies is solely for their account and any such amount incurred by the City will be recovered from the Contractor.

14.11 AUTOMOTIVE INSURANCE

A minimum of Two Million Dollars ($2,000,000) of public liability and property damage insurance shall be carried on all automotive equipment.

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14.12 INDEMNITY

The Contractor shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City, its elected officials, officers, employees and managers (collectively) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities. The Contractor shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this contract, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities.

14.13 CITY REPRESENTATIVE

A City Representative will be assigned by the City to oversee the compliance of the Proposal awarded to the Contractor. In addition, the Contractor will be expected to name a counterpart Project Manager.

14.14 PAYMENT HOLDBACK

The Contract may contain a provision whereby the City will hold back a portion of the total Contract price until the requirements of the RFP have been met.

14.15 SOFTWARE

It is the Contractor’s responsibility to ensure that the City has all licenses required to use any software that may be supplied by the Contractor pursuant to the Contract.

14.16 ARBITRATION

All disputes arising out of or in connection with the Contract must, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act.

15.0 SPECIFICATIONS

15.1 OBJECTIVE

The objective is to develop the City of Penticton’s co-operative marketing to the benefit of professional consultants and promising visitor-oriented events in the Penticton area, increasing event attendance, destination exposure and visitor spending in the process.

The Proponent will work with qualified events in assessing the regional market, benchmarking marketing, media and social media reach, planning and executing marketing tactics based on resources available, tracking and reporting activity and data and making evidence-based recommendations to the City on improving the reach and resilience of our events.

15.2 Components: Benchmarking – Proponents get to know qualified events through the Project Manager, organizers, sponsors, tourism stakeholders and suppliers and gather social media and visitor data to determine direction.

Suggested areas of investigation are:

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a. Visitor profile of the qualified event, looking at: i. Visitor Attendance ii. Visitor Demographics, Origin iii. Average Party Size, Length of Stay iv. Other Reasons to Visit Penticton Area v. Association with Charity/Community Partners

b. Impact of pricing (accessibility) on visitation c. Impact of programming on visitation d. Impact of place/venue on visitation e. Media coverage, social media activity f. Event budget, and marketing’s share of the budget

Stakeholder Engagement – Proponent must work with one tourism stakeholder to confirm impact of the event and marketing plan on local business, judging by revenue and visitor spending. Recommendations should include ways in which qualified events can deliver additional benefits to sponsors/stakeholders. Planning – Data collected is delivered visually in report and summary and numerically in report appendices

The following elements of planning need to be considered: a. Benchmarks in visitor attendance, revenue, social media activity b. Identification of target markets, demographically and geographically c. Identification of tools, channels, messages and timing to reach target markets d. Consideration of cross-promotional opportunities, partnerships e. Budget and timeline for marketing plan f. Opportunities for mid-plan course-correction g. Methods of tracking data based on City reporting requirements

Analysis – The Proponent should analyze results in light of the City’s Eventful Penticton and Economic Development strategies. Data collected is delivered visually in report and numerically in appendices

The following activities and results need to be tracked and evaluated: a. Changes in marketing budget and plan b. Changes in target markets and reach c. Most valuable marketing tactics, technology d. Least effective marketing tactics, technology e. Changes in event attendance, exposure, revenue f. Changes in social media activity, charity/community, local business impacts

Reporting –The final report should be written in plain language, and where possible, illustrate meaning with charts, tables, and figures. A concise two-page summary must be provided in addition to the final report as a handout to City Council, the qualified event, and one tourism stakeholder.

The report must: a. Show final marketing plan with actual budget and timeline b. Explain choice of target markets and results in reaching them c. Show effect of marketing plan on event attendance, exposure, revenue d. Explain any mid-plan course-corrections e. Show event impacts on media and social media, charity/community, local businesses f. Present event feedback from, impact on tourism stakeholder g. Recommend actions, additional resources for City in supporting qualified events

15.3 Deliverables

a. Produce and submit draft marketing plan, with budget and timeline, to the Project Manager,

Economic Development Officer and qualified event for pre-approval. Amend as needed and submit final plan and invoice for marketing expenses to the Project Manager.

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b. Collate the data into a report of which the City of Penticton will hold full ownership. The report should include a complete set of data and value-add in the appendices.

c. Submit draft report and actual budget to Project Manager for review and amend as needed. d. Produce and submit invoice for consulting services, final report and two-page summary to the

Project Manager, who will forward the summary to City Council, the event and tourism stakeholder.

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2016-RFP-29 MARKETING CONSULTANT

Complete and return this Proposal Submission Form

Proposals will be received on or before 2:00 pm local time on

Tuesday, December 6, 2016 PROPOSAL SUBMISSION INSTRUCTIONS Original and three (3) complete copies of a Proposal in an envelope plainly marked "2016-RFP-29 Marketing Consultant” or an electronic copy in PDF format in one (1) complete file must be received prior to the Closing Date and Time. Fax submissions will NOT be accepted.

City Yards, 616 Okanagan Avenue East Penticton, BC V2A 3K6 Attention: Cathy Ingram, Procurement Manager purchasing@penticton.ca

Submitted by: (Company name)

(Address)

(Postal Code) Company Contact Name: Telephone Number: Company Contact e-mail address:

PROPOSAL SUBMISSION FORM

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The Proponent confirms it has obtained and carefully examined all of the documents making up the Request for Proposal issued by The City of Penticton and any addenda issued in connection therewith. The Proponent undertakes and agrees that: 1.1 EXECUTION OF CONTRACT If the offer contained in this Proposal is accepted, upon being advised that the Contract (the Contract) is available the Proponent will obtain the Contract and Drawings, if any, and will execute and identify the Contract and Drawings in a form and manner acceptable to the City and will deliver the same within 10 days from the time when the same are available or are delivered or mailed to the Proponent. 1.2 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK If awarded the Contract, the Proponent shall supply the goods on the date set out in the Contract and shall complete the contract within the time specified in the Contract. 1.3 NO COLLUSION Except as otherwise specified or as arising by reason of the provision of the Contract, no person whether natural, or body corporate, other than the Proponent has or will have any interest or share in this Proposal or in the proposed contract which may be completed in respect thereof. There is no collusion or arrangement between the Proponent and any other actual or prospective Proponents in connection with Proposals submitted for this project and the Proponent has no knowledge of the contents of other Proposals and has made no comparison of figures or agreement or arrangement, express or implied, with any other party in connection with the making of the Proposal. 1.4 ACCEPTANCE OF PROPOSAL The acceptance of the Proposal by the City shall be made only by the notice in writing from the Corporate Officer or from the Procurement Department of the City, and will be addressed to the Successful Proponent at the address given in this Form of Proposal; and if the Proposal Documents are so worded, the Proposal may be accepted either in whole or part. 1.5 FAILURE OR DEFAULT OF PROPONENT If the Proponent for any reason whatsoever fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of this Proposal, the City at its option may consider the Proponent has abandoned the offer made or the contract if the offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void and the City shall be free to select an alternate solution of its choosing. Executed at , in the Province of BC this day of , AD 2016 under seal of the Proponent as a speciality instrument. NOTE: If the Proponent is a corporation, in addition to signature, affix corporate seal (if available). If a natural person makes the Proposal, the Proponent must sign it with his/her name typed or clearly printed below the signature. If the Proponent is carrying on business under a firm name and NOT incorporated, the members of the firm must sign below the firm name and their names must be typed or clearly printed below the signature.

(Corporate Name if Proponent is a Corporation) Per: Per:

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Mailing Address of Proponent (if different than above) Street City Province Postal Code Telephone

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APPENDIX A – CERTIFICATION DOCUMENT

2016-RFP-29 MARKETING CONSULTANT

Certification: We have carefully read and examined the RFP document and have conducted such other investigations as were prudent and reasonable in preparing this response. We certify that the statements made in this response are true and complete. These statements and prices in our Proposal represent our response to the City of Penticton. We agree to be bound by statements and representations made in this response and to any agreement resulting from this response. We hereby agree that this RFP response may only be withdrawn by written notice delivered to the office of the Purchasing Manager prior to the time set for the opening of Proposals. We agree that the RFP response attached hereto shall be irrevocable by us for a period of sixty (60) days after the date of the opening of the RFP. Print Company Name and Address: Print Name and Title of Authorized Signing Officers: Signature of Authorized Signing Officer: Telephone Number: Fax Number: E-mail address:

Signed this day of , 2016.

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APPENDIX B - CONFLICT OF INTEREST CERTIFICATION 2016-RFP-29 MARKETING CONSULTANT

The City of Penticton requires all Proponents to certify either statement A or statement B below:

A) We certify that:

1. our affiliates, subsidiaries, officers, directors, and employees have not received any additional information, documents, drawings or specifications with respect to this RFP, other than has been made available to or disclosed to all bidders as part of the RFP process.

2. the prices(s) and amount of this bid have been arrived at independently and without consultation, communication

or agreement with any other contractor, Proponent, or potential Proponent.

3. the submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or non-competitive bid.

4. that none of our affiliates, subsidiaries, officers, directors and employees are currently under investigation by any

government agency involving conspiracy or collusion with respect to bidding on any public contract.

5. that none of our officers, directors or any person employed by or associated with our company in the performance of services or otherwise, is an employee of, or has an employment relationship of any kind with the City of Penticton or is in any way entitled to terms or conditions of employment or employment benefits of any kind whatsoever from the City of Penticton under any collective agreement or otherwise including but not limited to private programs or coverages and statutory programs and coverages, whether under the Employment Standards Act of British Columbia (as amended from time to time), the Workers Compensation Act of British Columbia (as amended from time to time), the Employment Insurance Act of Canada (as amended from time to time), health plan contributions, or otherwise. We understand that the City will investigate any disclosure under this section and determine whether the conflict is material. The determination of materiality will be determined by the Director of Corporate Services or designate.

6. we understand and acknowledge that this certification is material and important, and will be relied on by The City

of Penticton in awarding the contract(s) for which this document is submitted. We understand that any misstatement in this certification is and shall be treated as fraudulent concealment from The City of Penticton of the true facts relating to the submission of Proposals for this contract.

Print Company Name and Address:

Print Name and Title of Authorized Signing Officers:

Signature of Authorized Signing Officer:

Signed this day of , 2016

OR

B) We cannot certify the statements listed above for the following reasons:

Print Company Name and Address:

Print Name and Title of Authorized Signing Officers:

Signature of Authorized Signing Officer:

Signed this day of _, 2016

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APPENDIX C – REFERENCES 2016-RFP-29 MARKETING CONSULTANT

List at least 3 references of similar Work. If there are special concerns or restrictions on our use of any reference, these concerns must be addressed in the Proposal. The City will perform adequate reference checks prior to contract award. Company Name:

Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Company Name: Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: Company Name: Contact Person: Contact Person’s Title: Telephone No. (including area code): Contact Email Address: