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Request for Proposals for the role of Independent Chairperson of the Implementation Monitoring Committee March 2014 1.

Introduction

The Treaty Land Entitlement Committee (TLEC) of Manitoba, the Government of Manitoba, and the Government of Canada (the Parties) entered into the Manitoba Framework Agreement on Treaty Land Entitlement (MFA-TLE) on May 29, 1997 (See Appendix A). The MFATLE created the Implementation Monitoring Committee (IMC), which consists of representatives from each of the three Parties. The IMC is generally responsible for facilitating the implementation of the MFA-TLE and any Treaty Entitlement Agreements (TEA) signed by TLECs Member Entitlement First Nations (EFNs), including but not limited to: allocating the IMC budget, monitoring progress of implementation of the MFA-TLE, and making recommendations on the resolution of any matters under dispute under the MFA-TLE. The Senior Advisory Committee (SAC) to the MFA-TLE is seeking to appoint an Independent Chairperson of the IMC for a two-year term. The successful candidate will draw upon his or her previous experiences as a skilled negotiator, proven facilitator or mediator and will be responsible for discharging all duties and responsibilities of the Independent Chairperson as set out in Section 3.0 Scope of Work, below. 2. 2.1 General Instructions Schedule of Events Date/Time March 3, 2014 March 14, 2014

Event Issue Terms of Reference Submission Deadline

The IMC anticipates the selection of the Chairperson will be determined by March 15, 2014. Discharge of Independent Chairperson responsibilities will commence upon execution of a contract which will continue for a term of two years thereafter, subject to Section 34.03 of the MFA-TLE. 2.2 Proposal Submission

Candidates must submit three (3) copies of their proposals by courier or one (1) copy by email on or before (submission deadline). Submissions should be addressed to: Treaty Land Entitlement Committee of Manitoba c/o Marion Wilson 200-1765 Sargent Avenue Winnipeg, MB R3H OC6 Phone: Fax: 204-943-8532 204-942-0248

Email: marionwilson@mts.net

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3.

Scope of Work

The Independent Chairperson is responsible for: Discharging all duties as set out in Section 34.09 of the MFA-TLE; Discharging all other duties of the Chairperson as set out in the MFA-TLE; Facilitating the achievement of the IMC work plan (as an example, please see the 2013-2014 IMC Work Plan attached as Appendix A); Ensuring adherence to IMC Policies and Procedures (Please visit the IMC website @ www.tleimc.ca to review). 4. Conditions

A candidate must clearly understand, and by submitting a proposal agree, that its proposal is subject to the conditions provided in this section, in addition to any other terms and conditions set out herein. 4.1. Right of Rejection

The submission of a proposal, the receipt of a proposal by the IMC and the opening of a proposal, or any one of those, does not constitute acceptance, in any way whatsoever, of a proposal. A proposal is not and must not be deemed in any way to be a unilateral contract. It is an offer by the candidate to the IMC to perform the services being requested by the IMC. All or any of the proposals submitted may be accepted or rejected by the IMC in its entire discretion. The IMC is under no obligation whatsoever to accept the proposal with the lowest cost or any proposal. 4.2. Disqualification

A proposal received after the submission deadline will not be considered. The IMC may refuse to consider any proposal from a candidate where the IMC determines, in its discretion, that a potential conflict of interest exists or may arise in connection with this project. The IMC may refuse to consider any proposal that is in any way conditional or that proposes to impose conditions on the IMC that are inconsistent with the requirements and the terms and conditions stipulated herein. 4.3. Right to Modify or Cancel

The IMC reserves the right to extend the submission deadline or to otherwise modify the terms herein at any time prior to the submission deadline, or to cancel this process at any time, at its sole discretion with no liability whatsoever to any candidate. 4.4. Right to Reissue

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

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4.5

Cost of Proposal

Costs incurred in the preparation, presentation and submission of a proposal, including any subsequent interviews or consultations required by the IMC, must be borne entirely by the candidate. 4.6 Period of Validity

Proposals are irrevocable after the submission deadline and open for acceptance for 90 days after the submission deadline. 4.7 Amendment or Withdrawal of Proposal

A candidate may amend a submitted proposal prior to the submission deadline by submitting an amendment clearly identifying the change or by submitting a new proposal that clearly indicates that it is to replace the proposal previously submitted by the candidate. The IMC will not consider amendments submitted after the submission deadline. A candidate may withdraw a proposal by submitting a request in writing to the IMC at any time prior to, but not after, the submission deadline. All amendments or requests to withdraw a submitted proposal must be submitted in writing to the IMC at the address set out in section 2.2. All such amendments or requests must be submitted on the candidates letterhead and be signed by the candidate. 4.8 Decisions of IMC

All decisions on the degree to which a proposal meets the stated criteria or the score assigned to a candidate or part of a proposal will be determined solely by the IMC. The IMCs determinations in this regard are final and may not be appealed by a candidate. 4.9 Termination of Contract Negotiations

The IMC retains the right to terminate contract negotiations with a candidate, with no liability, and to commence negotiations with a new candidate. Costs incurred by the candidate during the negotiations in such instances will be borne by the candidate. 4.10 Confidentiality of Proposals

Subject to the provisions of the MFA-TLE, all proposals received by the IMC will be treated as confidential, and the IMC undertakes to exercise due regard in maintaining this confidentiality. All proposals received by the IMC will be held and maintained by the IMC. 5. Contract Clauses

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

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5.1

Ownership

All information, documents and materials, including (without limitation) all data, research, reports, drawings, designs, plans, photographs and other materials, discovered or produced by the Independent Chairperson, or any officers, employees or agents of the Independent Chairperson, in the performance of, or incidental to the performance of, the contract, and all intellectual property rights therein (including, without limitation, all copyright, patent and trademark rights), are the property of the IMC, and must be delivered without cost to the IMC upon request. While the contract is in effect, and at all times thereafter, the Independent Chairperson must not use, publish or disclose any information, documents and materials, including (without limitation) all data, research, reports, drawings, designs, plans, photographs and other materials, discovered or produced by the Independent Chairperson in the performance of, or incidental to the performance of, the contract. 5.2 Confidential Information

While the contract is in effect, and at all times thereafter, the Independent Chairperson must treat as confidential all information, documents and materials, including (without limitation) all data, research, reports, drawings, designs, plans, photographs and other materials, acquired or to which access has been given in the course of, or incidental to, the provision or delivery of the services or terms of the contract. 5.3 Protection of Personal Information

The Independent Chairperson must ensure that all research results, papers, reports, publications and presentations relating to the delivery of services or terms of the contract do not contain any Personal Information, or other information which could (by itself or when combined with other information) reasonably be expected to identify any individual. 5.4 Liability

The IMC is not liable for any injury to the Independent Chairperson for any damage to or loss of property of the Independent Chairperson caused by or in any way related to the provision or delivery of the services or the terms of the contract. This subsection does not apply if the injury, damage or loss was caused by the wrongful or negligent act of an officer or employee of the IMC while acting within the scope of his or her employment. 5.5 Indemnity

The Independent Chairperson must use due care in the performance of the obligations under the contract to ensure that no person is injured, no property is damaged or lost and no rights are infringed. The Independent Chairperson is solely responsible for any injury to persons (including death), damage or loss to property or infringement of rights caused by, or related to, the performance of the services or any term of the contract, or the breach of any term or condition of the contract by the Independent Chairperson and any omission or wrongful or negligent act of the Independent Chairperson and must save harmless and indemnify the IMC and its respective officers, employees and agents from and against all claims, liabilities and demands with respect to this clause.

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5.6.

Insurance

The Independent Chairperson agrees to obtain, maintain throughout the term of the contract, and provide evidence to the IMC of: (a) Commercial General Liability Insurance covering claims for injury, death or damage to property arising out of the Independent Chairperson or its officers, employees or agents providing services under the contract, or as a result of any negligent acts or omissions of the Independent Chairperson or its officers, employees or agents. Such insurance must provide coverage of not less than two million dollars ($2,000,000.00) per occurrence; and (b) Errors and omissions liability insurance covering errors, omissions or negligent provision of services under the contract by the consultant or its officers, employees or agents. Such insurance must provide coverage of not less than one million dollars ($1,000,000.00) per occurrence. By setting the foregoing minimum coverage, the IMC does not represent that such amount is adequate to cover all possible claims or losses of this kind and expressly disclaims such a representation. The Independent Chairperson acknowledges that it is solely responsible for determining the adequacy of its insurance coverage. Without limiting or restricting the generality of this subsection, such insurance must: (a) name the IMC and its respective officers, employees and agents as additional insured with respect to the services provided under the contract; (b) be maintained for not less than twelve (12) months after completion of the services if the insurance policy is written on a claims-made basis; and (c) require the insurer to give the IMC at least thirty (30) days prior written notice if it intends to cancel or significantly reduce the coverage under the policy. The Independent Chairperson must provide a certificate of insurance evidencing the above noted coverage prior to commencing to provide the services. 5.7. Workers Compensation

Where the Independent Chairperson retains employees to assist in the discharge of duties, the Independent Chairperson must be registered with the Workers Compensation Board of Manitoba, must provide and maintain in good standing workers compensation coverage throughout the term of the contract, and must provide the IMC with evidence thereof upon request. 5.8. Pricing and Invoices

All pricing must be in Canadian funds. A detailed cost breakdown must be provided with the sales tax (if applicable) shown separately. The candidate must specify invoice terms. If The Income Tax Act (Canada) requires the withholding of a percentage of any amounts pursuant to any resulting contract, and remission of such percentage to Revenue Canada, the IMC will be entitled to so withhold and remit.
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5.9.

Independent Contractor Relationship

This contract does not create an employer-employee, principal-agent or a partnership relationship between the Independent Chairperson and the Parties. The Independent Chairperson is solely responsible for any amounts that may be owing to any person, organization or entity in the event that she/he is held not to be an Independent Contractor in the discharge of her/his services under this contract and must save harmless and indemnify the Parties, SAC, IMC and their respective officers, employees and agents from and against all claims, liabilities and demands with respect to this clause. The Independent Chairperson is solely responsible for all matters relating to the statutory deductions of all taxes, employment insurance and Canada Pension and all licences and permits which may be or become required to perform the requirements of this contract. The Independent Chairperson is solely responsible for all matters relating to leave, remuneration, Workers Compensation, insurance premiums and discipline. 5.10. Termination

The Parties may terminate the contract in accordance with Subsection 34.04(2) of the MFA-TLE. Upon the expiry or earlier termination of the contract, the Independent Chairperson must cease to provide or deliver any further services. The Parties are under no obligation to the Independent Chairperson other than to pay, upon receipt of an invoice and supporting documentation satisfactory to the Parties, such compensation as the Independent Chairperson may be entitled to receive under the contract completed to the satisfaction of the Parties up to the effective date of termination. 5.11. Respect of Legislation

The Independent Chairperson must comply with all legislation governing their sector of activity and those of their sub-contractors, including the current municipal, provincial, federal and international laws governing regulations and licensing requirements, and those likely to be modified or enacted during execution of the contract. 5.12. Governing Law

The laws of the Province of Manitoba govern the contract and the Courts of Manitoba will have sole and exclusive jurisdiction over any dispute or lawsuit. 5.13. Time is of the Essence

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

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6.

Proposal Requirements

The IMC expects that proposals will reflect the uniqueness and strengths of the respective candidates. Although the IMC anticipates that proposals therefore will differ somewhat in format and content, it is mandatory that all proposals address the requirements set out in this section. Failure to address each requirement will disqualify the proposal from further consideration. 6.1 Executive Summary (max one page)

The candidate must provide an executive summary of the proposal. The executive summary should provide an overview of the proposal. 6.2 Understanding of Responsibilities of Independent Chairperson (max three pages)

The candidate must describe: 6.3 His/her understanding of the responsibilities of the Independent Chairperson position (as summarized in Section 3 Scope of Work, above); His/her proposed work plan to discharge all aspects of the responsibilities of the Independent Chairperson as included in the MFA-TLE and attached sample Work plan for 2013-2014; Assumptions that he/she is making in providing the proposed work plan; Risks that may prevent successful implementation of the work plan and the proposed plan to minimize those risks; Schedule of work plan activities. Candidate Experience Profile (max three pages)

As the IMC is interested securing a candidate with experience in negotiating, facilitating or mediating issues or matters between parties, the candidate must supply examples of previous engagement(s) in which these skills have been demonstrated. The examples must include: (a) the name of the client organization; (b) the nature of the services provided; (c) if it is being proposed to include other personnel, a list of the personnel who were active participants in delivering the services, a description of the role they played and their proposed involvement; (d) the budget and schedule for the services requested; and (e) whether the services were completed within the agreed upon budget and schedule. The candidate must provide the name and telephone numbers of a senior member of the client organization who must be willing to be contacted to provide a reference regarding their direct experience with the candidate during the listed engagements.

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6.4

Conflict of Interest

The candidate will provide details on any work-related experience with First Nations and/or treaty land entitlement issues that identifies: (a) the name of the client (b) the nature of the services provided The IMC will review any such information in consideration of a potential conflict of interest of the candidate in the discharge of the duties of Chairperson. 6.5 Pricing and Costs (one page)

The total fixed cost to discharge the responsibilities of the Independent Chairperson is $300,000 over a two year term to a maximum of $150,000 per year. A cost breakdown for each year must be provided, including the specification of each position and the number of hours that will be utilized to fulfill the terms of the contract. All fees, disbursements and expenses that may be required to discharge the responsibilities of the Independent Chairperson must be included in the total fixed cost of the proposal. For clarity, the total fixed costs of $150,000 must include all funds anticipated to be spent by the IMC in a fiscal year, including, but not limited to: the Chairpersons fees, telephone and internet services, administrative expenses including bookkeeping and technical support, printing, rent and parking for the IMC office space (if necessary), and other discretionary expenses such as independent advice and travel expenses. These services may be provided by the Independent Chairperson through existing arrangements they may have, where IMC agrees. Candidate policies in relation to expense reimbursement and escalation provisions for fees and expenses must be clearly stated in the proposal. All pricing must be in Canadian funds. All prices and costs must be guaranteed by the candidate for the ninety (90) days following the submission deadline and cannot be negotiated in the event the candidate is advised that their proposal has been accepted. 7. 7.1. Evaluation of Proposals Evaluators

Proposal evaluation and selection will be conducted by the IMC, which will make recommendations to the Senior Advisory Committee (SAC) of the Parties as provided in Section 34.03 of the MFA-TLE. Subject to the terms of the MFA-TLE, all assessments regarding the degree to which a given proposals meets the evaluation criteria are entirely within the purview and judgment of IMC. 7.2. Evaluation Process

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

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(a) candidates submit proposals; (b) review and evaluation of proposals by the IMC in accordance with the criteria identified in Subsection 7.3; (c) decision by IMC to recommend a candidate for consideration and acceptance by the SAC; (d) SAC decision to accept or reject recommendation of IMC. In the event of failure to reach agreement at any stage, the evaluation process will be governed by terms of the MFA-TLE. 7.3. Evaluation Review

Proposals are reviewed to ensure they meet the mandatory requirements set out in Section 6. Those proposals meeting the mandatory requirements will then be evaluated and ranked in accordance with the following criteria and corresponding values: (a) demonstrated understanding of the responsibilities of Independent Chairperson (25); (b) reasonableness of the proposed work plan to discharge all aspects of the responsibilities of the Independent Chairperson as included in the MFATLE and attached sample Work plan for 2013-2014 (15); (c) depth of expertise and skills of the candidate and/or personnel that will implement the work plan (25); (d) relevance of experience in successfully completing similar engagements (25); and, (e) effective allocation of budget (10). As part of the evaluation of proposals, the IMC may request interviews or consultations with the candidates. Candidates should clearly indicate the contact information for an individual(s) who will be available to answer questions about the proposal. If a decision to award the contract is made, it will not necessarily be to the candidate with lowest price. 7.4. Acceptance of Proposal

If SAC decides to proceed after completing the evaluation, it will advise the candidate who submitted the proposal that is the best overall proposal when evaluated in accordance with the criteria identified in Subsection 7.3 and enter into contractual arrangements with that candidate. Should SAC decide not to proceed to with any candidate all candidates will be given written notice of such decision. The acceptance of a proposal is subject to a formal written contract being entered into between SAC and the candidate whose proposal is judged, in the opinion of IMC and SAC, to be best suited to discharging the responsibilities of the Independent Chairperson. In the event that a contract cannot be concluded within a reasonable period of time (as reasonably determined by IMC), IMC may cancel the negotiations and reserves the right
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to enter into negotiations with the candidate whose proposal was the second best overall proposal when evaluated in accordance with the criteria identified in Subsection 7.3. 8.0 Supplemental Information

The following documents may be found on the IMC website (www.tleimc.ca): 1. 2. 3. Manitoba Framework Agreement on Treaty Land Entitlement 2012-2013 IMC Annual Report IMC Policies and Procedures Manual, 2002

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Appendix A: 2013-2014 IMC Work Plan

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