Common use of Review and Selection Process Clause in Contracts

Review and Selection Process. The City will undertake a completeness review of proposals for responsiveness. This review will focus on determining whether or not submissions are complete based on the REOI requirements. Completeness of proposals will be determined by the City at its sole and absolute discretion. If a proposal fails to satisfy the City’s determination of completeness, the City may, but is under no obligation to, issue a rectification notice identifying the deficiencies and providing the Proponent an opportunity to rectify the deficiencies within a rectification period as defined by the City. If the Proponent is unable to satisfy the deficiencies within the rectification period, the proposal will not be considered further. The City will establish a review team for the purpose of reviewing proposals. The following items will be considered, generally in decreasing order of priority, by the evaluation team when reviewing proposals in response to this REOI: • Achievement of the affordable housing objective and requirements (Section 3.1.2), including number of affordable and attainable housing units, level of affordability and duration of affordability; • Community benefit, including mechanisms proposed to ensure benefits beyond the initial occupants (e.g. financial tools, legal agreements, ownership by mission- aligned organizations, or operational approaches); • Urban design/conceptual site plan/timing and the proposal’s achievement of the remaining objectives (Sections 3.1.1 and 3.1.3-3.1.6); • The Proponent’s or consortium’s experience, qualifications, capability and capacity; • The Proponent’s or consortium’s development history; • Information provided in the proposal itself; • Information provided in response to enquiries of credit and industry references; • Information received in response to enquiries made by the City of third parties in relation to the reputation, reliability, experience and capabilities of the Proponent; • The experience and qualifications of the Proponent’s or consortium’s senior management and project management; • Innovative approaches proposed by the Proponent in the proposal; and • Any other criteria, which the City deems relevant, whether or not disclosed in this REOI. Through this review process, the City wishes to identify a Proponent with whom the City can enter into negotiations for an Agreement. The City may proceed to negotiate with any number of Proponents, at the same or sequentially, at its election, until negotiations succeed with one Proponent (or until the City elects to terminate the negotiation process). The City may seek Council approval or direction before proceeding with any negotiation process or at any point throughout the negotiation process. The commencement of negotiations does not commit the City to accept all or any of the terms of any proposal. The City may at its sole discretion, impose time limits or other constraints on negotiations with the Proponent. Negotiations may be terminated by the City at any time. The City reserves the right to reject, in whole or in part, any or all proposals or elect to cancel the REOI process and not enter into negotiations or a contract with any Proponent. Successful negotiations will result in a recommendation to City Council. The terms and conditions of any proposed Agreement are subject to approval by City of Waterloo Council. Should Council not approve moving forward with an Agreement that has been negotiated, the City may resume negotiations that lead to the rejected Agreement, proceed to negotiate with any number of Proponents or elect to cancel the REOI process and not enter into an Agreement with any Proponent.

Review and Selection Process. The City will undertake a completeness review reserves the right to reject any or all proposals or parts of the proposals, to negotiate modifications of proposals submitted, and to negotiate specific work elements with a proposer into a project of lesser or greater magnitude than described in this RFQ or the proposer’s reply. The process for responsivenessselection includes the following sequence: • Review proposals. This review • Identify the best qualified Consulting firms. • Reference checks. • Evaluation of the quality, maturity and financial stability of the firm. • An evaluation of the firm's ability and experience in providing services, including: • Experience with local government. • Scope of activities covered. • Length of time involved. • Level of client satisfaction • Cost/benefit relationship • Relative success • An evaluation of the experience and training of the proposed Consultant’s team • If deemed necessary, Interview with qualified proposers • Negotiate with best qualified Consultant firms • Present City’s recommendation to the City Council • Execution of professional agreement for consulting services A panel of City of ▇▇▇▇▇▇▇ Park will focus on determining whether or not submissions are complete evaluate all proposals submitted and select the top competitive proposals. Evaluation of qualification statements and proposals will be based on the REOI requirementsinformation called for in this RFQ. Completeness of proposals will be determined by the City at its sole and absolute discretion. If a proposal fails to satisfy the City’s determination of completenessBrochures or other promotional presentations beyond that requested or elaborate artwork, the City maypapers, but is under no obligation to, issue a rectification notice identifying the deficiencies and providing the Proponent an opportunity to rectify the deficiencies within a rectification period as defined by the City. If the Proponent is unable to satisfy the deficiencies within the rectification period, the proposal will binders or expensive visuals are not be considered furtherdesired. The City will establish a review team of ▇▇▇▇▇▇▇ Park reserves the right to waive any irregularities or informalities in any RFQ process when it is in the best interest of the City to do so; to re-advertise for proposals, if desired; to sit and act as sole judge of the purpose merit and proposals of reviewing proposals. The following items the service offered and; to evaluate in its absolute discretion, the qualification statement and proposal of each Proposer, so as to select the Proposer which best serves the requirements of the City, thus ensuring that the best interest of the City will be considered, generally in decreasing order of priority, by the evaluation team when reviewing proposals in response to this REOI: • Achievement of the affordable housing objective and requirements (Section 3.1.2), including number of affordable and attainable housing units, level of affordability and duration of affordability; • Community benefit, including mechanisms proposed to ensure benefits beyond the initial occupants (e.g. financial tools, legal agreements, ownership by mission- aligned organizations, or operational approaches); • Urban design/conceptual site plan/timing and the proposal’s achievement of the remaining objectives (Sections 3.1.1 and 3.1.3-3.1.6); • The Proponent’s or consortium’s experience, qualifications, capability and capacity; • The Proponent’s or consortium’s development history; • Information provided in the proposal itself; • Information provided in response to enquiries of credit and industry references; • Information received in response to enquiries made by the City of third parties in relation to the reputation, reliability, experience and capabilities of the Proponent; • The experience and qualifications of the Proponent’s or consortium’s senior management and project management; • Innovative approaches proposed by the Proponent in the proposal; and • Any other criteria, which the City deems relevant, whether or not disclosed in this REOI. Through this review process, the City wishes to identify a Proponent with whom the City can enter into negotiations for an Agreementserved. The City may proceed make such investigation as it deems necessary to negotiate with any number determine the ability of Proponentsa Consultant to furnish the required services, at and the same or sequentially, at its election, until negotiations succeed with one Proponent (or until Proposer will furnish to the City elects to terminate all such information and data for this purpose as the negotiation process). The City may seek Council approval or direction before proceeding with any negotiation process or at any point throughout the negotiation process. The commencement of negotiations does not commit the City to accept all or any of the terms of any proposal. The City may at its sole discretion, impose time limits or other constraints on negotiations with the Proponent. Negotiations may be terminated by the City at any timerequest. The City reserves the right to rejectreject any submittals if the evidence submitted by, or investigation of, such Proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the submittal of any Proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in whole the Proposal, or at any point in partthe evaluation process, is grounds for rejection. The City expressly reserves the right to reject the submittal of any Proposer who is in default on the payment of taxes, licenses or all proposals other moneys due to the City of ▇▇▇▇▇▇▇ Park. The City reserves the right to conduct a background inquiry of each Proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, financial background, and reputation in the business community. Each consulting entity, by submitting a proposal, certifies that it is not a party to any collusive action or elect any action that may be in violation of the ▇▇▇▇▇▇▇ Antitrust Act by submitting a proposal, the proposer certifies that it was made without fraud; that it has not offered or received any kickbacks or inducements from any other entity in connection with this RFQ. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to cancel the REOI process and not enter into negotiations or a contract with any Proponent. Successful negotiations will result in a recommendation to City Council. The terms and conditions of any proposed Agreement are subject to approval by the City of Waterloo Council. Should Council not approve moving forward with an Agreement that has been negotiated, the City may resume negotiations that lead to the rejected Agreement, proceed to negotiate with any number of Proponents or elect to cancel the REOI process and not enter into an Agreement with any Proponent▇▇▇▇▇▇▇ Park.

Review and Selection Process. The City will undertake a completeness review reserves the right to reject any or all proposals or parts of the proposals, to negotiate modifications of proposals submitted, and to negotiate specific work elements with a proposer into a project of lesser or greater magnitude than described in this RFP or the proposer’s reply. The process for responsivenessselection includes the following sequence: • Review proposals. This review • Identify the best qualified Consulting firms. • Reference checks. • Evaluation of the quality, maturity and financial stability of the firm. • An evaluation of the firm's ability and experience in providing services, including: • Experience with local government. • Scope of activities covered. • Length of time involved. • Level of client satisfaction • Cost/benefit relationship • Relative success • An evaluation of the experience and training of the proposed Consultant’s team • If deemed necessary, Interview with qualified proposers • Negotiate with best qualified Consultant firms • Present City’s recommendation to the City Council • Execution of professional agreement for consulting services A panel of City of ▇▇▇▇▇▇▇ Park will focus on determining whether or not submissions are complete evaluate all proposals submitted and select the top competitive proposals. Evaluation of qualification statements and proposals will be based on the REOI requirementsinformation called for in this RFP. Completeness of proposals will be determined by the City at its sole and absolute discretion. If a proposal fails to satisfy the City’s determination of completenessBrochures or other promotional presentations beyond that requested or elaborate artwork, the City maypapers, but is under no obligation to, issue a rectification notice identifying the deficiencies and providing the Proponent an opportunity to rectify the deficiencies within a rectification period as defined by the City. If the Proponent is unable to satisfy the deficiencies within the rectification period, the proposal will binders or expensive visuals are not be considered furtherdesired. The City will establish a review team of ▇▇▇▇▇▇▇ Park reserves the right to waive any irregularities or informalities in any RFP process when it is in the best interest of the City to do so; to re-advertise for proposals, if desired; to sit and act as sole judge of the purpose merit and proposals of reviewing proposals. The following items the service offered and; to evaluate in its absolute discretion, the qualification statement and proposal of each Proposer, so as to select the Proposer which best serves the requirements of the City, thus ensuring that the best interest of the City will be considered, generally in decreasing order of priority, by the evaluation team when reviewing proposals in response to this REOI: • Achievement of the affordable housing objective and requirements (Section 3.1.2), including number of affordable and attainable housing units, level of affordability and duration of affordability; • Community benefit, including mechanisms proposed to ensure benefits beyond the initial occupants (e.g. financial tools, legal agreements, ownership by mission- aligned organizations, or operational approaches); • Urban design/conceptual site plan/timing and the proposal’s achievement of the remaining objectives (Sections 3.1.1 and 3.1.3-3.1.6); • The Proponent’s or consortium’s experience, qualifications, capability and capacity; • The Proponent’s or consortium’s development history; • Information provided in the proposal itself; • Information provided in response to enquiries of credit and industry references; • Information received in response to enquiries made by the City of third parties in relation to the reputation, reliability, experience and capabilities of the Proponent; • The experience and qualifications of the Proponent’s or consortium’s senior management and project management; • Innovative approaches proposed by the Proponent in the proposal; and • Any other criteria, which the City deems relevant, whether or not disclosed in this REOI. Through this review process, the City wishes to identify a Proponent with whom the City can enter into negotiations for an Agreementserved. The City may proceed make such investigation as it deems necessary to negotiate with any number determine the ability of Proponentsa Consultant to furnish the required services, at and the same or sequentially, at its election, until negotiations succeed with one Proponent (or until Proposer will furnish to the City elects to terminate all such information and data for this purpose as the negotiation process). The City may seek Council approval or direction before proceeding with any negotiation process or at any point throughout the negotiation process. The commencement of negotiations does not commit the City to accept all or any of the terms of any proposal. The City may at its sole discretion, impose time limits or other constraints on negotiations with the Proponent. Negotiations may be terminated by the City at any timerequest. The City reserves the right to rejectreject any submittals if the evidence submitted by, or investigation of, such Proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the submittal of any Proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in whole the Proposal, or at any point in partthe evaluation process, is grounds for rejection. The City expressly reserves the right to reject the submittal of any Proposer who is in default on the payment of taxes, licenses or all proposals other moneys due to the City of ▇▇▇▇▇▇▇ Park. The City reserves the right to conduct a background inquiry of each Proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, financial background, and reputation in the business community. Each consulting entity, by submitting a proposal, certifies that it is not a party to any collusive action or elect any action that may be in violation of the ▇▇▇▇▇▇▇ Antitrust Act by submitting a proposal, the proposer certifies that it was made without fraud; that it has not offered or received any kickbacks or inducements from any other entity in connection with this RFP. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to cancel the REOI process and not enter into negotiations or a contract with any Proponent. Successful negotiations will result in a recommendation to City Council. The terms and conditions of any proposed Agreement are subject to approval by the City of Waterloo Council. Should Council not approve moving forward with an Agreement that has been negotiated, the City may resume negotiations that lead to the rejected Agreement, proceed to negotiate with any number of Proponents or elect to cancel the REOI process and not enter into an Agreement with any Proponent▇▇▇▇▇▇▇ Park.

Review and Selection Process. The City will undertake a completeness review of proposals for responsiveness. This review will focus on determining whether or not submissions are complete based on the REOI EOI requirements. Completeness of proposals will be determined by the City at its sole and absolute discretion. If a proposal fails to satisfy the City’s determination of completeness, the City may, but is under no obligation to, issue a rectification notice identifying the deficiencies and providing the Proponent an opportunity to rectify the deficiencies within a rectification period as defined by the City. If the Proponent is unable to satisfy the deficiencies within the rectification period, the proposal will not be considered further. The City will establish a review team for the purpose of reviewing proposals. The following items will be considered, generally considered in decreasing order of priority, priority by the evaluation team when reviewing proposals in response to this REOIEOI: • Achievement of  Financial benefit to the affordable City as the City should receive no less than fair market value for the Subject Land;  Affordable housing objective and requirements (Section 3.1.2), including number of affordable and attainable housing units, level of affordability and duration of affordabilitycomponent; • Community benefit, including mechanisms proposed to ensure benefits beyond the initial occupants (e.g. financial tools, legal agreements, ownership by mission- aligned organizations, or operational approaches); •  Urban design/conceptual site planmaster planning/timing and the proposal’s achievement compliance of the remaining objectives (Sections 3.1.1 and 3.1.3-3.1.6)proposal with the City’s requirements; • The Proponent’s or consortium’s experience, qualifications, capability and  Consortium/team capacity; •  The Proponent’s or consortiumproponent’s development history; •  Information provided in the proposal itself; •  Information provided in response to enquiries of credit and industry references; •  Information received in response to enquiries made by the City of third parties in relation to the reputation, reliability, experience and capabilities of the Proponentproponent; •  The experience and qualifications of the Proponent’s or consortiumproponent’s senior management and project management; •  Innovative approaches proposed by the Proponent proponent in the proposal; and •  Any other criteria, which the City deems relevant, whether or not disclosed in this REOIEOI. Through this review process, the City wishes to identify a Proponent proponent with whom the City can enter into negotiations for an Agreement, which will include the sale of the Subject Land to the successful proponent subject to the City’s Land Disposition process. The City may proceed to negotiate with any number of Proponentsproponents, at the same or sequentially, at its election, until negotiations succeed with one Proponent proponent (or until the City elects to terminate the negotiation process). The City may seek Council approval or direction before proceeding with any negotiation process or at any point throughout the negotiation process. The commencement of negotiations does not commit the City to accept all or any of the terms of any proposal. The City may at its sole discretion, impose time limits or other constraints on negotiations with the Proponentproponent. Negotiations may be terminated by the City at any time. The City reserves the right to reject, in whole or in part, any or all proposals or elect to cancel the REOI EOI process and not enter into negotiations or a contract with any Proponentproponent. Successful negotiations will result in a recommendation to City Council. The terms and conditions of any proposed Agreement contract are subject to approval by City of Waterloo Council. Should Council not approve moving forward with an Agreement that has been negotiated, the City may resume negotiations that lead to the rejected Agreement, proceed to negotiate with any number of Proponents proponents or elect to cancel the REOI EOI process and not enter into an Agreement with any Proponentproponent.