Request for Proposals for Consulting Services to undertake a Master Land Use Plan for Bear Island Reserve Lands and the Lands Set Aside Closing Date and Time: August 10, 2018 at 11:59 p.m.
1. Overview are excited to be embarking on their land use planning exercise and are requesting proposals from qualified consultants to prepare a Master Land Use Plan for Bear Island Reserve Lands and the Lands Set Aside. 2. Temagami First Nation s Vision and Principles Vision Statement: As the original stewards of Daki Menan, Temagami First Nation will incorporate the teachings of our ancestors, the importance of maintaining the ecosystem s integrity and the need to make a modern living when contemplating modern forestry, resource development and land use practices. By doing so, present and future generations will realize the social and economic benefits of sustained life and sustainable development. Definitions of Principles: 1. Teachings, since time immemorial, have had a special relationship with Daki Menan which is embodied in traditional teachings passed on by our Elders and ancestors. 2. Stewardship to care for the Daki Menan and making a living from the land in a respectful and honourable manner, whereby the ecosystem s integrity is maintained. Stewardship also involves the understanding of the interconnectedness of all things. 3. Sustained Life - whereby all life is protected and the natural integrity of all life forms in and on the land are maintained. 4. Sustainable Development development of the land for current generations which does not compromise the options or the quality of life for future generations. 2
3. Background 1. Bear Island Bear Island Indian Reserve #1 (Bear Island) was designated as a reserve in 1971 and is a remote community located in the hub of Lake Temagami, Nipissing District, Northeastern Ontario. Bear Island which sits at the geographic centre of Lake Temagami is roughly triangular in shape and contains a Reserve area of 286 hectares more or less. Temagami First Nation is the governing body of the community under the Indian Act (INAC). The estimated total on-reserve population is 203 and the total registered offreserve population is 569. On June 24, 2017, Temagami First Nation Council enacted the Temagami First Nation Land Code which gives Council land law making powers for Bear Island, including but not limited to regulation, control and prohibition of zoning, land use, subdivision control and land development. With the Land Code in place, Temagami First Nation / Teme- Augama Anishnabai are ready to develop a Master Land Use Plan for Bear Island. 2. Lands Set Aside In 1996, the Ontario government set aside lands that were previously selected by Teme- Augama Anishnabai as sole stewardship lands, in addition the lands also included the 1885 Austin Bay Tract. These lands set aside are to provide new economic development opportunities for the Temagami Indigenous community and facilitate settlement of the Teme-Augama Anishnabai (TAA) land claim. Since that time, the Lands Set Aside have not been open to staking under the Mining Act and the Ontario government has made no new development or resource commitments on this land without the consent of. Economic development opportunities on the Lands Set Aside will be subject to recommendations from the. In determining appropriate recommendations for the Lands Set Aside the Ontario government encourages to consider maximizing the economic benefits to the members of their community. The Ontario 3
government s representatives for receiving such recommendations are the ministries of Natural Resources and Forestry, and Northern Development and Mines. Any development that ultimately occurs on the Lands Set Aside will be governed by applicable provincial laws, policies and regulations including the lands and resource protections identified in the Provincial Policy Statement, 2014 until such time as the lands are transferred to Temagami First Nation /Teme-Augama Anishnabai. In this Request for Proposals, are looking to develop a Master Land Use Plan for the Lands Set Aside to guide development that will maximize land use economic benefits for their community. 4. Purpose 1. Bear Island The information contained in the Temagami First Nation Final Capital Planning Study, 2011, is a good starting point for the Master Land Use Plan. The purpose of the Master Land Use Plan is to develop policies that will ensure that Bear Island is a healthy and sustainable community. It will be a building block that will instil a feeling of pride on the part of residents in their community which will provide the basis for continued growth and renewal. The Master Land Use Plan for Bear Island will provide policies relating to: a. Development and Land Use patterns b. Demographics c. Housing and growth management d. Recreation e. Infrastructure including sewage, water and storm water f. Transportation including roads, marine facilities g. Waste Management including re-cycling h. Energy supply, Telephone, Internet, Cell service i. Energy conservation, Air Quality and Climate Change j. Natural Heritage and Environment Features k. Cultural Heritage and Archaeology l. Long term economic prosperity m. Resource management 4
2. Lands Set Aside The purpose of the Master Land Use Plan for the Lands Set Aside in keep with Temagami First Vision and Principles is to provide land use economic development opportunities for. The Lands Set Aside consist of three tracts of undeveloped Crown land bordering the north and east side of Lake Temagami. will be considering the best end use for the Lands Set Aside. A key component of the planning exercise will be an understanding of what choices has in the future with respect to a mainland settlement area, economic development and land use planning on the Lands Set Aside. The consultant s role is to clearly articulate the principles behind the proposed land use, how the proposed land use is consistent with or conflicts with other policy documents, and identify the choices available to Temagami First Nation /Teme-Augama Anishnabai. The Master Land Use Plan for the Lands Set Aside will consider the following policy documents: a. Provincial Policy Statement, 2014 b. Growth Plan for Northern Ontario 2011 c. Temagami Land Use Plan for the Temagami Comprehensive Planning Area 1997 d. Compatibility with Municipality of Temagami Official Plan 2013 e. Temagami Management Unit Forest Management Plan, 2019 (when available). A significant task will be to inventory the Lands Set Aside to determine what the lands look like in terms of size, topography, natural heritage and environment features, water, forestry resources, mineral and mineral aggregate resources, cultural heritage and archaeology, and natural and human-made hazards. Temagami First Nation has compiled some of this information through their Forest Management Program, and additional information may be acquired from Ontario government databases that Temagami First Nation has available. 5. Master Land Use Planning Team Structure The Director of Lands and Resources for Temagami First Nation will oversee the Master Land Use Plan project. The Lands and Resources Advisory Committee established under the 5
Temagami First Nation Land Code will provide guidance with respect to the process, deliverables, and community consultation. The Draft Master Land Use Plan will be reviewed by the Ontario First Nations Technical Services Corporation. The Final Master Land Use Plan will be enacted by Council following completion of the decision making process set out in the Temagami First Nation Land Code. 6. Approach to Community Consultation recognize the vital role of community outreach and consultation and anticipate that this may be the most important component of the Master Land Use Plan project. Consultants when preparing the community consultation segment of their proposal should consider the following: a. It has been some time since that Land Use Planning was introduced to the Temagami First Nation / Teme-Augama Anishnabai community and there is a need to lay a good foundation for the project and transfer of knowledge so that community members can understand the need, future benefits, the land use planning process in general, and more specifically the Master Land Use Plan process for Bear Island and the Lands Set Aside. b. The consultant will work closely with the Land Code Implementation Coordinator who will serve in a community liaison role for the project. It is anticipated that this position will allow for knowledge transfer from the consultant to the community and vice versa, and provide for a more meaningful and culturally rich land use planning process for members. c. The decision making process as outlined in the Temagami First Nation Land Code must be strictly adhered to. d. There is a desire for targeted youth engagement in the land use planning process as the Master Land Use Plan will provide policies that will affect many future generations of members and the youth of the community will be the future leaders. e. Most members of Temagami First Nation reside on Bear Island, in the Municipality of Temagami and in the City of North Bay. All community engagement meetings shall be held consecutively in these three communities in order to allow for the greatest level of community participation and to hear from a representative cross section of members. f. Notices of community engagement meetings shall follow the requirements prescribed in the Temagami First Nation Land Code. 6
g. The optimum time to schedule community engagement meetings is during the months of May June, September-October, and mid-january mid-march. h. are looking for innovative, dynamic and interactive community engagement meetings that provide opportunities for the community to be heard and listened to and not managed throughout the process. i. Meeting spaces must be centrally located and easy for community members to get to. Meetings should be held in spaces where where community members feel comfortable and welcome; and must be accessible for elders and persons living with disabilities. Health breaks and healthy food should be made available. j. The consultant is required to lead all community engagement sessions in a culturally sensitive manner and keep accurate records of verbal and written comments made by community members. The consultant should provide a summary of comments received, consider and outline options regarding what effect the comments have on the proposed policies, and suggest a preferred option for the Lands and Resources Advisory Committee s consideration. 7. Time Frame Temagami First Nation/Teme-Augama Anishnabai are anticipating that the Master Land Use Plan project to take place over a period of up to 24 months. Proposals are due on August 10 2018 and a consultant will be selected on or before September 15 2018. The project start date will be October 1 2018 and will need to be completed by October 1 2020. Completion is when the Master Land Use Plan is enacted by Council in accordance with the Temagami First Nation Land Code. 8. Proposal Content The consultant will prepare a proposal which clearly indicates how the consultant will carry out the work set out in this Request for Proposals. The consultant s proposal will contain, but not be limited to: a. Methodology indicating the approach that will be used in the project. b. A detailed proposal for community engagement and stakeholder consultation. c. A schedule of tasks, meetings with the Lands and Resources Advisory Committee, community members and stakeholder groups. d. Names, qualifications and experience of staff and sub-consultants assigned to the project, and identify the project lead. Specifically outline the consultants knowledge, understanding and experience working with First Nation communities. 7
e. Examples of past projects of a similar nature successfully completed by the consultant and sub-consultants including references from projects. References from First Nation communities are considered an asset. f. Maximum total cost of the project, broken down by phases and tasks, with fees and disbursement costs listed separately; along with suggested payment schedule related to tasks completed. g. Per diem rates for key personnel involved in the project, with an estimate of the number of days that the project staff will spend on the project. h. Identify any other costs that may be considered necessary for completion of this project including specific costs over and above the quoted price; that may be apportioned to. 9. Deliverables anticipate the following deliverables: a. Background studies, information and maps acquired for the purpose of this project. b. Community engagement notices to be prepared by the consultant in consultation with the Director of Lands and Resources. c. Presentation materials and community engagement records including attendance records, summary of verbal comments, original written comments. d. Background Issues and Options Reports for Bear Island and the Lands Set Aside. e. Draft Master Land Use Plan in PDF format. f. Final Master Land Use Plan in PDF and Word format. 10. Mapping The consultant is required to coordinate mapping for the Master Land Use Plan. Temagami First Nation has mapping capabilities through their Forest Management Program and may choose to undertake the mapping component for the Project in consultation with the Consultant. The proposal submission should provide two prices with respect to mapping: (1) Consultant is solely responsible for all required mapping. (2) Consultant co-ordinates mapping with Temagami First Nation. Mapping shall be compatible with ArcMap 10 and include the.shp,.shx.,.dbf,.prj, and.sbn, files for each shape file. 8
11. Proposal Submission Proposal submissions shall be a maximum of 20 pages including all supporting documents. Given the difficulty of delivering proposals by personal service, courier or mail to the remote community of Bear Island, all proposals shall be submitted by email only on or before August 10, 2018 at 11:59 pm to: Proposal Submission shall include: Robin Koistinen, Director of Lands and Resources Robin.koistinen@temagamifirstnation.ca a. Proposal in accordance with Section 8 - Proposal Content b. Separate costs for mapping in accordance with Section 10 - Mapping. c. References in accordance with Section13 - References d. Project budget in accordance with Section 8 Proposal Content and Section 14 - Project Budget e. Statement of Acknowledgement of Addenda in accordance with Section 19 - Addenda. f. Declaration of conflict of interest if applicable in accordance with Section 21 - Conflict of Interest. g. Letter requesting non-disclosure of documents if applicable, in accordance with Section 22 - Ownership of Proposals and Disclosure 12. Background Resources Available The following background resources or links to background resources will be posted on Temagami First Nation website under Lands and Resources Department Land Code Section - Master Land Use Plan as follows: https://www.temagamifirstnation.ca/land-andresources/land-management/ a. Temagami First Nation Land Code, 2017 b. Temagami First Nation Capital Planning Study Final Version, 2011 c. Temagami First Nation Community Profile d. Temagami First Nation Lands Set Aside Map e. Temagami First Nation Forestry Strategy, 2005 9
f. Temagami First Nation Memorandum of Understanding (MOU) with Municipality of Temagami, 2003 g. Temagami Management Unit Forest Management Plan, 2019-2029 (when available). h. Temagami Land Use Plan for the Temagami Comprehensive Planning Area, 1997 (http://govdocs.ourontario.ca/node/16119) i. Municipality of Temagami Official Plan, 2013 (temagami.ca) 13. References The consultant will provide a minimum of three (3) references for consulting services for similar projects since January 2013. reserve the right to contact any or all references. define a reference as any reference supplied within a proposal submission, in addition to any others known to the. 14. Project Budget All prices shall be FIRM and in Canadian Dollars for the project and shall include, without limitation, all required labour, materials and other services required to complete the project. are exempt from paying HST therefore all prices should be without HST. 15. Incurred Costs All costs incurred by the consultant in carrying out research, investigation or otherwise as may be necessary for the preparation of a response to this Request for Proposals shall be borne by the consultant and will not be chargeable in any way to Temagami First Nation / Teme-Augama Anishnabai. reserve the right to change the scope of this project to bring the price within approved budget limits. Temagami First Nation / Teme- Augama Anishnabai reserve the right to waive formalities and enter into negotiations with the successful consultant, all consultants, or any consultant to bring the project to within budget available. Should it be deemed that the changes in the scope of the project are of sufficient magnitude may cancel the Request for Proposals and at its sole discretion may commence a new process in order to complete the project within the budget available. 10
Temagami First Nation /Teme-Augama Anishnabai shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any consultant(s) prior to or subsequent to or by reason of the acceptance or non-acceptance or delay related to this proposal. 16. Errors and Omissions shall not be held liable for any errors or omissions in any part of this Request for Proposals. The information in this Request for Proposals has been provided solely as a guideline for consultants. The information is not guaranteed or warranted to be accurate by nor is it necessarily comprehensive or exhaustive. Consultants are to form their own opinions and conclusions with respect to the matters addressed in the Request for Proposals. 17. Evaluation The following selection criteria outline the areas of importance that will be considered in project award. Proposal submissions should satisfy all criteria points wherever possible. Temagami First Nation Lands and Resources Advisory Committee, staff, and advisors will review all qualified proposals received and score the proposals using a consensus approach in relation to the following criteria: a. Project understanding, methodology and work plan 15% b. Community engagement strategies 25% c. Firm s and Project Team s (dedicated to the project) qualifications and experience on similar projects 15% d. Project schedule 15% e. Project Price 25% f. Quality of submission 5% will accept the proposal that is deemed to be the best value to, and reserve the right to accept other than the lowest priced proposal. All qualified proposals will be reviewed and evaluated. Additional information may be requested from one, more than one, or all consultants if required for evaluation of the proposals. 11
18. Communications Inquiries regarding the interpretation or scope of the Request for Proposals shall be submitted by email only, prior to July 20 2018, to: Robin Koistinen, Director of Lands and Resources Email: robin.koistinen@temagamifirstnation.ca All inquiries must reference: Master Land Use Plan RFP in the subject line. In submitting a proposal, the consultant acknowledges that they have read, understood, and accepted the terms and conditions of the Request for Proposals in full. Temagami First Nation / Teme-Augama Anishnabai are not responsible for any misunderstanding of the Request for Proposals. Under no circumstances shall the consultant rely upon any information or instruction from, its employees or agents unless in writing by the Director of Lands and Resources. 19. Addenda Consultants will be advised by addenda of any required additions, deletions, or alterations in the requirements of the Request for Proposals. Addenda will be posted on the Temagami First Nation Website at: https://www.temagamifirstnation.ca under the Request for Proposals - Master Land Use Plan. It is the consultant s sole responsibility to check for addenda issued. Acknowledgement of Addenda is a mandatory requirement. Failure to acknowledge addenda will result in the Proposal being deemed non-compliant and not eligible for award. 20. Right to reject or not open reserve the right to reject any or all proposals, and the lowest or highest as the case may be will not necessarily be accepted. The right is reserved to accept the whole or any part of the proposal. Temagami First Nation / Teme-Augama Anishnabai reserve the right to NOT open a proposal should an inadequate number of proposals be received. Unopened bids shall be returned to all consultants who responded. 12
21. Conflict of Interest reserve the right to disqualify a proposal where they believe a conflict of interest or potential conflict of interest exists in regard to the consultant and the project. The successful consultant will work solely and exclusively in the interests of Temagami First Nation / Teme-Augama Anishnabai at all times to ensure that the project is successfully completed. The consultant must identify current and potential situations of conflict of interest or perceived conflict of interest that they may have in the service area if any. This information will be considered by the in their evaluation of the proposal. 22. Ownership of Proposals and Disclosure All documents, including proposals, submitted to Temagami First Nation / Teme-Augama Anishnabai will become the property of. If the consultant wishes any or all of the documents that they submit to the Temagami First Nation / Teme-Augama Anishnabai as part of this proposal to be protected from disclosure to third parties, the consultant must provide a signed letter enclosed with their proposal outlining the parts of the proposal to be protected. This letter will not guarantee that there will never be disclosure, but it does lay the groundwork for handling an application for disclosure by a third party. 23. Health and Safety and WSIB The successful consultant is required to conform to the Occupational Health and Safety Act related to performance of the contract. In addition, the successful consultant will be required to provide to a valid Clearance Certificate issued by Workplace Safety and Insurance Board (WSIB). 24. Insurance While the consultant will be responsible for maintaining adequate insurance to cover all claims, including but not limited to professional errors and omissions, liability and automobiles, such policy shall also name thereunder. Upon 13
successful award of the proposal the consultant will be required to supply Temagami First Nation / Teme-Augama Anishnabai with certificates of insurance as per above. The consultant must maintain coverage stated above throughout the contract period. 25. Indemnification The successful consultant shall indemnify and save harmless Temagami First Nation / Teme- Augama Anishnabai and their employees from all actions, suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Temagami First Nation / Teme- Augama Anishnabai or their employees. End of Request for Proposals 14