sap pm mobility final rev...“abap” means "advanced business application programming",...

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Michael Pacholok Director

Purchasing and Materials Management Division City Hall,18th Floor, West Tower 100 Queen Street West Toronto, Ontario M5H 2N2

Joanne Kehoe, Manager Professional Services

June 15, 2017 NOTICE TO POTENTIAL PROPONENTS

Request for Proposal No. 9144-17-7203 For: Maintenance and Support of SAP Work Manager and SAP Mobile Platform

Please review the attached document and submit your Proposal to the address noted below by the closing deadline of 12:00 noon (local Toronto time) on June 30, 2017 Proposals will not be considered unless: Received by the date and time specified above; and Received at the address specified below. Submission by facsimile or e-mail is not acceptable. Only the names of the firms submitting Proposals will be read aloud at the public opening on the date of closing.

Information and/or site meeting requirements: Required: (yes/no) No

Attendance Requirement: (mandatory/voluntary)

N/A

Date: N/A Time: N/A

Location: N/A

Deadline for Questions (must be in writing):

June 30, 2017

City Contact: Susy Avila Corporate Buyer

Purchasing and Materials Management Division (t) 416-397-4806

(e) [email protected] For convenience you may affix the following address label to the envelope(s) containing your submission.

--------------------------------------------- ----------------------------------- COMPANY NAME:

RFP NO.: 9144-17-7203 CLOSING DEADLINE: 12:00 Noon

(local Toronto time) June 30, 2017

DELIVER TO: Chief Purchasing Official Purchasing and Materials Management Division 18th Floor, West Tower, City Hall 100 Queen Street West Toronto, ON, M5H 2N2

The Purchasing and Materials Management Division will not be held responsible for submission documents submitted in envelope(s) that are not labelled in accordance with the above instructions. Tenders/RFQ/RFP/Sales/Disposals are advertised on the City of Toronto Website: www.toronto.ca

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TABLE OF CONTENTS

RFP 9144-17-7203 TABLE OF CONTENTS ........................................................................................................................... 2 1.0 TERMINOLOGY ....................................................................................................................... 3 1.1 References to Labeled Provisions ....................................................................................... 3 1.2 Definitions .......................................................................................................................... 3 1.3 Interpretation ....................................................................................................................... 7 1.4 RFP Process Terms and Conditions .................................................................................... 8 2.0 PURPOSE.................................................................................................................................... 8 2.1 Background ......................................................................................................................... 9 2.2 Social Procurement ........................................................................................................... 11 3.0 SCOPE OF SERVICES ........................................................................................................... 11 3.1 Required Maintenance and Support Services ................................................................... 12 3.2 Support Services and Service Levels ................................................................................ 12 3.3 Optional Services .............................................................................................................. 14 3.4 Responsibilities ................................................................................................................. 14 4.0 PROPOSAL EVALUATION AND SELECTION PROCESS ............................................. 15 4.1 Selection Committee ......................................................................................................... 15 4.2 Selection Criteria .............................................................................................................. 15 4.2.1 Stage 1: Initial Evaluation - Mandatory Administrative Requirements ............................ 15 4.2.2 Stage 2: Detailed Evaluation ............................................................................................. 16 4.2.3 Stage 3: Cost ..................................................................................................................... 17 4.3 Selection Process .............................................................................................................. 17 4.4 Schedule of Events ............................................................................................................ 17 4.5 Clarifications ..................................................................................................................... 18 4.6 Evaluation Results ............................................................................................................ 18 4.7 Negotiations and Agreement............................................................................................. 18 5.0 PROPOSAL SUBMISSION REQUIREMENTS ................................................................... 19 5.1 General Overview ............................................................................................................. 19 5.2 Proposal Documentation and Delivery ............................................................................. 19 5.3 Proposal Content ............................................................................................................... 20 5.3.1 Letter of Introduction ........................................................................................................ 20 5.3.2 Table of Contents .............................................................................................................. 20 5.3.3 Subsection 1 – Executive Summary ................................................................................. 20 5.3.4 Subsection 2 – Proponent Profile ...................................................................................... 21 5.3.5 Subsection 3 – Experience and Qualifications of the Proponent ...................................... 21 5.3.6 Subsection 4 – Proposed Staff Team and Resources ........................................................ 22 5.3.7 Subsection 5 – Cost of Services ........................................................................................ 23 APPENDICES ........................................................................................................................................... 27 Appendix A - RFP Process Terms and Conditions ..................................................................................... 27 APPENDIX B AGREEMENT TERMS AND CONDITIONS .............................................................. 33 Appendix C - Standard Submission Forms ................................................................................................. 43 Appendix D - Price Detail Form ................................................................................................................. 50 Appendix E – Proposal Evaluation Tables ................................................................................................. 53 Appendix F – iPhone Screen Sets ............................................................................................................... 55 Appendix G – iPad Screen Sets ................................................................................................................ 102 Appendix H – Issue Tracking and Change Order Procedures .................................................................. 159 Appendix I – Mandatory Requirements Compliance Tables .................................................................... 160 Appendix J Mandatory Requirements Checklist ................................................................................... 161

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1.0 TERMINOLOGY

1.1 References to Labeled Provisions

Each reference in this Request for Proposal to a numbered or lettered “section”, “subsection”, “paragraph”, “subparagraph”, “clause” or “subclause” shall, unless otherwise expressly indicated, be taken as a reference to the correspondingly labelled provision of this Request for Proposal (RFP).

1.2 Definitions

Throughout this Request for Proposal, unless inconsistent with the subject matter or context, “ABAP” means "Advanced Business Application Programming", and is an application-specific programming language for SAP. "Agreement" means the executed written contract entered into between the City and the Vendor setting out the undertaking by the City and the Vendor to perform their respective duties, responsibilities and obligations as prescribed in the Agreement and includes all appendices, schedules, and such other documents as may be listed in the Agreement, any Change Orders and other amendments to the Agreement, the RFP and any Addenda thereto and the Proposal; “Apple Developer Enterprise Program” is a paid membership program that includes access to beta OS releases, advanced app capabilities, and tools needed to develop, test, and distribute applications. “Attachments” means a computer file (e.g. digital photo, etc.) sent associated to an SAP object through SAP Business Document Navigator tool. “BAPI” means "Business Application Programming Interface", and is a remote-enabled SAP function module. “Cause Code” means an SAP Plant Maintenance field for indication the cause of an asset failure. “Change Order” means a component of the change management process whereby changes are agreed to by the City and the Vendor. “City” means the City of Toronto. "City Contact" means the City employee(s) designated as City Contact on the Notice to Potential Proponents for all matters related to the RFP call process. “Classification” means functionality in SAP that allow you to describe objects such as functional locations and equipment with user defined attributes. "Confidential Information” means:

a) All information of a party to the Agreement that is of a proprietary or confidential nature,

regardless of whether it is identified as proprietary or confidential or not, and whether recorded or not, however fixed, stored, expressed or embodied, which comes to the knowledge, possession or control of the other party to the Agreement under the Agreement, including all information to be transmitted, stored or processed on any network or computer system;

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b) Any information that the City is obliged not to or has the discretion not to disclose pursuant to law or statute such as the Municipal Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act, or any other municipal, provincial and federal legislation;

c) Any information that the City is required to keep confidential, including any information of

third parties, including any suppliers of any products or services provided to the City; d) All information relating to intellectual property rights including copyright, trade secrets,

processes, formulae, techniques, plans and designs, computer programs, computer codes whether source code or object code, and all related Documentation and financial information related hereto which is proprietary to or in the possession of a party to the Agreement, and that the other party to the Agreement may have access to for purposes of the Agreement;

e) Any information comprising the databases of the City or the procedures and operational

protocols and information relating to the operations of the City and that the Vendor may have access to for purposes of the Agreement; and

f) All data, formulae, preliminary findings, and other material developed in the performance of

the Services.

“Configuration” means a set of tasks required in order to activate functionality without any software Customization. “Confirmations” means an SAP Plant Maintenance record for documenting the processing status of Work Orders and Operations.

“Conflict of Interest” includes, but is not limited to, any situation or circumstance where:

(a) in relation to the RFP process, the Proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to

(i) having or having access to information in the preparation of its Proposal that is confidential to the City and not available to other Proponents;

(ii) communicating with any person with a view to influencing preferred treatment in the RFP process including the giving of a benefit of any kind, by or on behalf of the Proponent to anyone employed by, or otherwise connected with, the City ; or

(iii) engaging in conduct that compromises or could be seen to compromise the integrity of the open and competitive RFP process and render that process non-competitive and unfair; or

(b) in relation to the performance of its contractual obligations in the City contract, the Vendor’s other commitments, relationships or financial interests

(i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or

(ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations;

“Control Key” means an SAP Plant Maintenance field which defines how an operation should be processed. “Council” means City Council.

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“Customization” means any required software change(s) that the Vendor must make that results in a modification or creation of any proposed application source code in order to meet the City’s requirements. “Damage Code” means an SAP Plant Maintenance field for indication the damage done to an asset. “Development” means both the SAP ECC and SMP environments used for developing new functionality that will be promoted through to Production. "Diverse Supplier" means any business or enterprise that is certified by a Supplier Certification Organization to be:

More than 51% (majority) owned, managed and controlled by persons belonging to an equity-seeking community, or

A social purpose enterprise whose primary purpose is to create social, environmental or cultural value and impact, and where more than 50% of the persons who are fulltime equivalent employees or are participating in, or have completed, transitional employment training, experience economic disadvantage.

“Documentation” means all documents (regardless of how embodied) that are related to or that are reasonably required to enable the City to use or to obtain the benefit of the Services, and includes without limitation all reports to be provided hereunder “ECC” means SAP’s Enterprise Central Component. "Enhancement" means any product change or upgrade that increases software or hardware capabilities beyond original vendor specifications. All Enhancements will use the Change Order process. “Equipment” means a record in SAP Plant Maintenance that typically represents a physical asset. "Equity-seeking Community" means a group that experiences discrimination or barriers to equal opportunity, including women, Aboriginal People, persons with disabilities, newcomers/new immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups the City identifies as historically underrepresented. "Fixed Fee" means the total compensation payable to the Vendor for all Services to be performed under the Agreement. The Fixed Fee includes any increase or decrease to the Fixed Fee that may be made in accordance with the Agreement. "Issue", "Defect" 'Fault" "Incident" or "Error" refer to any error, defect, malfunction or non-conformity which shall cause the Solution Software to deviate from the Software specifications or descriptions of the operation of the Software. “Maintenance and Support” means Services as described in Section 3.0. “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act. “Notification” means a work request document in the SAP Plant Maintenance module. “Operation” means an individual step as defined on a Work Order in the SAP Plant Maintenance module. “Optional Hours” means discretionary Service hours not contemplated in the scope of this RFP. The City may choose to engage the Vendor to perform additional Maintenance and Support or Enhancements after Support Hours have been exhausted or that are not within the scope of the Support and Maintenance contemplated by this RFP.

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“Parameter ID” means an SAP default value for particular standard or custom fields. “Partner” means an SAP object that can be associated to Work Orders, such as personnel or customer records. “Personnel”, with respect to either Party, means the Party’s employees, contract personnel, members, volunteers, officials and agents. In the case of the Vendor, it includes directors, partners, sub-contractors and any employees, agents or consultants of the Vendor, and in the case of the City it includes its Members of Council, Mayor and officers. “Personnel Number” means the unique identifier for an SAP employee record. "PHIPA" means the Personal Health Information Protection Act, 2004; provincial (Ontario) legislation that governs the collection, use and disclosure of personal health information within the health care system. Personal Health information has the meaning as set out in PHIPA. “Planner Group” means an SAP Plant Maintenance organizational object that is responsible for the planning and processing of maintenance tasks. “Production” means both the SAP ECC and SMP environments used by the end users. “Project Manager” means the main contact person at the City for all matters relating to the project. “Proponent” means a legal entity that submits a Proposal. If two or more legal entities wish to submit a Proposal as a consortium, one member of the consortium must be identified as the Proponent with whom the City may enter into an Agreement, and the other member(s) must be identified as subcontractors to that Proponent. “Proposal” means an offer submitted by a Proponent in response to this RFP, which includes all of the documentation necessary to satisfy the submission requirements of the RFP. “Purchase Order” means an SAP object that represents a formal request from the City to a vendor to supply or provide a certain quantity of goods or services at or by a certain point in time. “Purchase Requisition” means an SAP object that represents a request to purchase a certain quantity of goods or services so that it is available at a certain point in time. “Quality Assurance” means both the SAP ECC and SMP environments used for testing new functionality prior to promoting the changes to the Production environment. “RFP” means this Request for Proposal package in its entirety, inclusive of all Appendices and any bulletins or Addenda that may be issued by the City. “Sandbox” means both the SAP ECC and SMP environments used for creating a prototype of a new functionality. “SAP” is the umbrella name of the software products to be supported and maintained by the Vendor in accordance with the Agreement. It is also the name of the software Vendor. “SAP PM” means SAP Plant Maintenance, which is the SAP module that functions as a computerized maintenance management system (CMMS) and is used to plan and schedule ongoing, daily facility maintenance.

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“Services” means all services and deliverables to be provided by a Vendor as described in this RFP. "SMP" means SAP Mobile Platform. "Software" means the SAP software products supported and maintained by the Vendor. “Solution” means the SAP Work Manager and SAP Mobile Platform implementation by the Facilities Management Division of the City. At the time of this RFP the versions are SAP Work Manager 6.3 and SAP Mobile Platform 3.0, but this may change over the course of the resulting support contract. "Specialist Services" has the meaning set out in Article 3.1 of this RFP. “Support Hours” means the maximum number of guaranteed Service hours that the Vendor will be paid for annually for Support and Maintenance in accordance with the City's requirements as per Appendix D - Price Detail Form. "Supplier Certification Organization" means a non-profit organization recognized by the City of Toronto that certifies businesses and enterprises as diverse suppliers by assessing them using established, consistent criteria. Recognized supplier certification organizations include:

Canadian Aboriginal and Minority Supplier Council Canadian Gay and Lesbian Chamber of Commerce Social Purchasing Project WBE (Women Business Enterprise) Canada Canadian Council for Aboriginal Business

"Term" has the meaning set out in Article 2.0(2) of this RFP and includes any additional optional years exercised by the City. “Total Proposed Costs” means the proposed costs of all "Support Hours" and "Optional Hours" for Year 1 of Maintenance and Support Services, as well as for Option Years 2 and 3. “User Status” means optional statuses for various SAP objects (e.g. Work Orders or Operations). “Vendor” means the successful Proponent with whom the City enters into an Agreement. “Vendor Number” means the unique identifier for an SAP vendor record. “Work Order" means an SAP PM Order resulting from a maintenance / repair request or preventive maintenance plan which records the location, date, time, scope of work, number of hours worked and total dollar value of work performed.

1.3 Interpretation

In this the RFP, unless the context otherwise necessitates, (1) Where in this RFP a reference is made to the express written agreement, approval or consent of

the City, it shall be understood that the City shall not be deemed or construed to have agreed to any stipulation, Requirements, exclusion, limitation or other term or condition set out in a Proposal that deviates from a provision set out in any of the RFP documents, unless that

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deviation is expressly confirmed in a formal executed Agreement or in a written and express amendment to such Agreement.

(2) Where there is a reference to a matter requiring the consent or the approval of the City, such

consent or approval, any conditions thereof, or the denial of same shall be deemed to be exercisable by the City in its absolute discretion.

(3) The City shall not be bound by any oral representation or communication whatsoever, including

but not limited to any instruction, amendment or clarification of this RFP or any of the RFP documents, or any information, advise, inference or suggestion, from any City Personnel any matter concerning the RFP or the Project. No City Personnel is authorized to orally alter any portion of the RFP. In addition, the City shall not be bound by any written representation whatsoever concerning any matter concerning the RFP or the Project unless executed by the person designated and authorized in accordance with City Policies, the RFP or in accordance with a direction or authorization of City Council. The Vendor releases and waives all claims whatsoever in negligence, in equity or otherwise with respect to any oral or unauthorized representations or communications.

(4) The Agreement documents will be complementary and what is required by any part thereof shall

be considered as being required by the whole. In the event of a conflict or inconsistency the order of precedence shall be, in descending order of priority, as follows:

(a) the Agreement; (b) the Schedules to the Agreement; (c) the RFP ( inclusive of all Addenda); and (d) the Proposal

(5) In this RFP, unless the context otherwise necessitates,

(a) any reference to an officer or representative of the City shall be construed to mean the person holding that office from time to time, and the designate or deputy of that person, and shall be deemed to include a reference to any person holding a successor office or the designate or deputy of that person;

(b) a reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed to

include a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or amendment thereof;

1.4 RFP Process Terms and Conditions

(1) This RFP process is governed by the terms and conditions in Appendix ‘A’.

2.0 PURPOSE

This RFP is being issued to select a qualified Proponent to provide Maintenance and Support for SAP Work Manager (standard and custom functionality) and SAP Mobile Platform implemented by the Facilities Management Division at the City of Toronto.

The City intends to enter into a Fixed Fee Agreement with the provision for additional (Optional) Services at the City's sole discretion, with the qualified Vendor for the Term of one (1) year, with an option on the part of the City to renew the Agreement for an additional two (2) one (1) year periods, subject to the

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Vendor’s performance level and budget approval. The City will be under no obligation to exercise any renewal option.

2.1 Background

The Facilities Management Division implemented the Solution in 2014 and has a total user base of approximately 250.

The Solution has been deployed on iOS with two (2) form factors: iPad and iPhone.

The City has an ongoing support agreement with SAP which could be leveraged for issues relating to standard functionality. The Vendor will be responsible for identifying issues related to SMP and mobile application standard functionality, and will be responsible for escalating/following up issues with SAP as per Article 3.0(1) (c).

(1) The following functionality was implemented or developed as part of the Solution:

(a) Notifications, including:

(i) Creation of Notifications, with the option to create related Work Order;

(ii) Functionality for select users (based on user Parameter ID for planner group) to update Notification system statuses;

(b) Work Order dispatching, including:

(i) View Work Order list for the Planner Group associated to the SAP user (via user Parameter ID) which have one or more un-dispatched Operations;

(ii) Dispatch Operation to internal staff (using PM01 control key with an assignment to personnel number and a corresponding update to Operation user status);

(iii) Dispatch Operation to external vendors (using PM02 control key with an assignment to Vendor number and a corresponding update to Operation user status), resulting in the creation of a Purchase Requisition;

(c) Work Order execution (by City staff), including:

(i) View Work Order list where one or more active (i.e. non-finally confirmed) Operations are assigned to the Personnel Number associated to the SAP user;

(ii) View Work Order details (header, long text, Operations, partners, attachments, purchasing card transactions);

(iii) Update Operation user statuses;

(iv) Post confirmations (both partial and final);

(v) Uploading attachments;

(vi) Adding long text;

(vii) Updating PM Notification damage and cause codes;

(viii) Add Purchasing Card (PCard) transactions associated to Work Orders

(d) Work Order Search:

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(i) Ad hoc searching based on selected criteria, limited by work centre hierarchy for certain selection criteria;

(ii) Search by Work Order number;

(iii) Search by predefined presets;

(e) Asset Management:

(i) Creation of Equipment records;

(ii) Classification of Equipment records;

(iii) Search for Equipment records based on tag ID;

(iv) Work Order history for Equipment;

(f) Purchase Orders:

(i) View Purchase Order list based on entries in a custom SAP table containing the SAP user ID;

(ii) View Purchase Order Header, Line Item Details and Attachments;

(iii) Purchase Order release;

(iv) Custom Purchase Order status updates.

(2) Additional information on the standard and custom screen sets configured and/or developed for the Solution can be found in Appendix F – iPhone Screen Sets and Appendix G – iPad Screen Sets.

(3) Fifteen (15) custom BAPIs were created for the Solution:

Function Group = ZTM_SAPWM63_BAPI_WRAPPER

Function Module Name Function Module Short Text

ZTM_WM63_PM_CTVENDOR_GET PM Work Center with related objects

ZTM_WM63_PM_CT_EQUI_OBJECT_GET Equipment Object Types

ZTM_WM63_PM_DODISP_ORDER_GET PM Work Order fetch for forepersons to dispatch

ZTM_WM63_PM_DOWORKORDER_GET PM Work Order fetch

ZTM_WM63_PM_DO_EQUIPMENT_CRT Create equipment with long text

ZTM_WM63_PM_DO_EQUI_CLASS_UPD Create equipment with classification

ZTM_WM63_PM_DO_EQUI_HIS_WO_GET PM history work order fetch for equipment

ZTM_WM63_PM_DO_PCARD_DOC_CRT Create PCard document attachment

ZTM_WM63_PM_DO_PCARD_UPD Update PCard transaction

ZTM_WM63_PM_DO_PODOCUMENT_GET Purchase Order Document Attachment Fetch

ZTM_WM63_PM_DO_PODOC_ALL_GET Fetch all documents in Purchase Order

ZTM_WM63_PM_DO_PO_GET Purchase Order Get

ZTM_WM63_PM_DO_PO_RELEASE_UPD Purchase Order Release

ZTM_WM63_PM_DO_PO_UPD Purchase Order status update - Approved / Disputed

ZTM_WM63_PM_DO_SEARCHORDER_GET PM work order fetch for Search Dashboard

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(4) The City hosts a branded version of the mobile application on an internal app store in order to minimize the impact of version changes from SAP.

2.2 Social Procurement

In May 2016, Toronto City Council unanimously adopted the City of Toronto Social Procurement Program which aims, in part, to drive inclusive economic growth by improving access to the City's supply chain for certified diverse suppliers. In accordance with Section 1.3.2 of the City of Toronto Social Procurement Policy, points will be assigned to proponents that submit information as part of their proposal that will improve supplier diversity in the City's supply chain. For more information on the City of Toronto Social Procurement Program, visit: http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=18398a4252522410VgnVCM10000071d60f89RCRD http://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-91818.pdf 3.0 SCOPE OF SERVICES (1) The Vendor will be required to perform following activities as Maintenance and Support for the

Solution:

(a) Error analysis for any Solution related Issues raised by the City, including bugs or issues relating to improving the speed, efficiency, capacity or ease the operation of the Solution;

(b) Correction (e.g., bug fixes and patches) of issues raised as above;

(c) Management and escalation of Solution related issues with SAP as required;

(d) Implementation of new versions and releases that provide additional capabilities or functions. Please note that all software upgrades, patches and fixes, must be in compliance with the City's SAP support stack levels and must be scheduled around the City's bi-annual support stack upgrades;

(e) Implement approved Solution Enhancements;

(f) Use their Apple Developer Enterprise Program ID to wrap the Agentry application so that it may be hosted on the City of Toronto internal app store;

(g) Provide full support for the Solution's Configurations and Customizations;

(h) Provide all supporting documentation for the above.

(2) The Vendor will not be responsible for issues relating to hardware or connectivity.

(3) The City will choose when to deploy new releases. The City will only deploy new versions if the functionalities in the new version do not limit the City's use of the Solution.

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(4) Prior to commencing any work, the Vendor must provide estimates to the City for written approval to proceed. The effort to perform initial Issue analysis and to provide estimates will not be considered towards the Maintenance and Support hours and will be performed at no cost to the City.

3.1 Required Maintenance and Support Services

As part of Maintenance and Support the Vendor will provide Services by specialists, including:

(a) SAP Mobile Platform Specialist / Solution Architect;

(b) SAP Work Manager Specialist;

(c) SAP ABAP Developer

3.2 Support Services and Service Levels

(1) The Vendor will be required to provide the following support services:

(a) A local or toll free 1-800 telephone access and a single dedicated service and support email address to a service desk agent (local or remote) for a single point of contact for trouble reporting;

(b) Online help via web (i.e.; support notes to assist with troubleshooting, technical tips, how to avoid common pitfalls, bug reports and status of reported bug). Any support services offered through the Vendor’s electronic channels will be kept current and up-to-date;

(c) Escalation to relevant Software technical experts for Incident resolution at no additional cost to the City; and

(d) An escalation path with connections to Vendor executives for chronic or high priority issues as identified by the City.

(2) In the event of an Issue, the Vendor is to assign sufficient resources to the City to resolve any Incidents. The Vendor is to assign a Solution Architect along with a backup to ensure that the City will always have access to an authorized person to resolve any issues. The Solution Architect, along with other resources assigned to the City, are responsible for gaining an in-depth knowledge and understanding of the Solution specific business rules and requirements as well as gaining knowledge of the City infrastructure.

(3) The City will track issues through an established Issue tracking tool to which the Vendor will be provided access. The Vendor is to use this tool to provide updates regarding specific issue(s) and maintain on-going communications with the City until the Issue has been resolved. The Vendor is to confirm with the City that the Incident has been resolved prior to the City closing the Issue (see Appendix H – Issue Tracking and Change Order Procedures).

(4) The following chart sets out the response and resolution times for Issues:

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Priority Level Conditions Initial Response Time

Resolution Time

Urgent

A critical component of the Solution is unavailable, resulting in the City not being able to conduct critical day-to-day business activities and no acceptable temporary work-around can be identified.

>30% of users are affected

No acceptable workaround

Email and call to acknowledge within 30 minutes

24 hours

High

A critical component of the Solution is unavailable, resulting in the City not being able to conduct critical day-to-day business activities; however an acceptable temporary work-around has been identified.

>10% are affected

Possible acceptable workaround

Email and call to acknowledge within 1 hour

2 business days

Medium

A non-critical part of the Solution is unavailable or an Issue causing (or at risk of causing) inconvenience and/or increased work effort but not seriously impacting the City’s ability to conduct day-to-day business activities.

<5% or individual work is affected

Minimum impact on work

Possible workaround exists

Email to acknowledge within 1 business day

4 business days

Low

Incident with the Solution that is causing or at risk of causing a minimal amount of increased work effort but is not impacting the City’s ability to conduct day-to-day business activities.

Affects single or very few users

No impact on work

Work around exist

Email to acknowledge within 1 business day

Resolution time not to exceed a maximum of 15 business days

(5) The table below outlines the escalation matrix should the target response times detailed in Section 3.2 (4) not be met:

Resource Escalation Time

Urgent High Medium Low

SAP Mobile Platform Specialist / Solution Architect

4 hours 8 hours 2 days 3 days

Maintenance and Support Services Director 1 day 2 days 3 days 5 days

CEO/CIO N/A N/A N/A N/A

(6) The City will pay for minimum Support Hours, as outlined in Appendix D - Price Detail Form. If the City does not consume the minimum Maintenance and Support hours for support Issues, it has the flexibility to use the unused hours towards Enhancements and improvements.

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(7) The Vendor will provide monthly reports on the number of hours consumed per resource type, status of outstanding issues, and statistics for Issue "response" and "resolve" times.

3.3 Optional Services

At the written request of the City, the Vendor may also be required to develop enhancements to improve the functionality of the Solution (see Appendix H – Issue Tracking and Change Order Procedures). In these circumstances, the Vendor will:

(a) Provide estimates for such Enhancements based on Appendix D hourly rates for Vendor resources for City approval using the Change Order process;

(b) Assist the City with the design of the Enhancements;

(c) Create prototypes for such Enhancements in the City's SAP Sandbox environment;

(d) Develop and test Enhancements in the City's SAP Development environment;

(e) Correct any Enhancement defects identified during testing; and

(f) Update Documentation as necessary.

3.4 Responsibilities

(1) The City will:

(a) Perform initial end-user support for all aspects of the Solution. This support consists of triage and an attempt to resolve any issues encountered prior to initiating calls to the Vendor. However the Maintenance and Support Services offered by the Vendor will permit a limited number of the City’s authorized power users and technical administrators to make an unlimited number of inquiries not limited to a specific number of Incidents, inquires or responses.

(b) Escalate issues to the Vendor when it is unable to resolve the Issue directly, identifying the Issue using the priority level of raised issues (as per Article 3.2 (4)).

(c) Provide Vendor with remote access connectivity into the City network.

(d) Provide Vendor with appropriate authorizations to the City's SAP Sandbox, Development, Quality Assurance, and Training systems. Limited read-only access may be provided to the City's Production SAP system if issues cannot be reproduced in non-Production environments.

(e) Provide Vendor with test data in the City's SAP Sandbox, Development, and Quality Assurance systems.

(f) Participate in the support process and provide subject matter expertise on:

(i) The City's mobility governance, strategies, policies, infrastructure, etc.;

(ii) The City's SAP implementation and landscape; and

(iii) The Facilities Management Division's business processes;

(g) Provide timely feedback to the Vendor where required.

(2) For all escalated issues as per Article 3.4(1)(b), the Vendor will provide:

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(a) Maintenance and Support for all aspects of the Solution, including:

(i) Free initial analysis and estimates;

(ii) Root-cause analysis where required;

(iii) Correction of bug or performance related issues;

(iv) Documentation of all activities performed to resolve any issues;

(v) Updated technical documentation as necessary.

(b) Coordinate corrective Maintenance and Support for all aspects of the Solution with SAP, including:

(i) Notifying SAP of bugs in the Solution;

(ii) Escalation / follow up with SAP to ensure that the issues are resolved in a timely manner;

(iii) Test any correction in the City's SAP Sandbox (or other relevant) environment;

(iv) Apply the resulting correction to the Solution;

(v) Fully manage the interaction with SAP.

(3) The City implements ECC support package stacks twice a year for approximately 6 weeks per cycle – once in the spring (typically May/June) and once in the fall (typically October/November); these periods are considered blackout periods, and changes to production configuration cannot occur during these times. During these times, the City will provide leadership for ECC Support Package implementations, and the Vendor will be expected to comply with the corresponding policies and procedures as required for any Maintenance and Support related activities. Any Solution issues related to support stack application will be the responsibility of the Vendor to coordinate resolution with SAP.

4.0 PROPOSAL EVALUATION AND SELECTION PROCESS

4.1 Selection Committee

All Proposals will be evaluated through a comprehensive review and analysis by a Selection Committee, which will include members from Facilities Management Division and (other relevant City staff and stakeholders). The purpose of the Selection Committee is to select the Proposal that in its opinion meets the City's needs and requirements and provides the best overall value.

The Selection Committee may at its sole discretion retain additional committee members or advisors.

The aim of the Selection Committee will be to select one (1) Proposal which in its opinion meets the City's requirements under this RFP and provides the best overall value to the City. The Proposal selected, if any, will not necessarily be the one offering the lowest fees or cost (pricing). Pricing is only one of the components that will be used to determine the best overall value for the City.

By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Selection Committee will be final and binding.

4.2 Selection Criteria

4.2.1 Stage 1: Initial Evaluation - Mandatory Administrative Requirements

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Proposals will be reviewed to assess compliance with the mandatory requirements. Proposals failing to comply with these requirements will be rejected. Proponents must:

(a) Submit their Proposal in accordance with article 5.2 Proposal Documentation and Delivery including the mandatory forms (Appendix C - Standard Submission Forms);

(b) Provide acknowledgement of agreement to the RFP Process as per Appendix A - RFP Process Terms and Conditions and Section 5.3.3(2);

(c) Provide acknowledgement of agreement to the proposed Agreement terms as per Appendix B - Agreement Terms and Conditions and Section 5.3.3(2);

(d) Provide acknowledgement of agreement to the proposed Services are per Section 3.0 - SCOPE OF SERVICES and Section 5.3.3(3);

(e) Provide the information as requested as per article 5.3.4(2)

(f) Provide a minimum of three (3) client references in accordance with article 5.3.5(1);

(g) Submit resumes for proposed resource(s) as per article 5.3.6(1)(a); and

(h) Provide pricing as detailed in Section 5.3.7;

Proponents must achieve a score of “PASS” on Stage 1 to qualify for Stage 2 evaluation.

4.2.2 Stage 2: Detailed Evaluation

The City will create a Stage 2 list of Proponents who have achieved a “PASS” from Stage 1 - Initial Evaluation Mandatory Administrative Requirements.

The detailed evaluation shall be based on multiple criteria, including:

(a) PROPONENT PROFILE: Demonstrated relevant profile, as per article 5.3.4 Subsection 2 - Proponent Profile.

(b) EXPERIENCE AND QUALIFICATIONS: Demonstrated specific knowledge of, relevant

experience, qualifications, and success in comparable services as per article 5.3.5 Subsection 3 – Experience and Qualifications of the Proponent.

(c) PROPOSED PROPONENT STAFF TEAM AND RESOURCES: Calibre of specific

professional services team proposed for this assignment – specific consulting skills and relevant work experience on projects of similar size and scope as per article 5.3.6 Subsection 4 – Proposed Staff Team and Resources.

In order to advance to Stage 3 – Cost, Proponents must meet or exceed a minimum threshold of:

60% (15 out of 25) on Appendix E – Proposal Evaluation Tables – Stage 2 (b) - Experience and Qualifications of the Proponent; and

60% (27 out of 45) on Appendix E – Proposal Evaluation Tables – Stage 2 (c) -Proponent Staff Team and Resources.

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In the event that fewer than three (3) of the Proposals achieve the required minimum thresholds described above in Stage 2, article 4.2.2 (3), the City, in its sole discretion, may create a short-list comprised of up to three (3) top-scoring Proponents to proceed to Stage 3.

4.2.3 Stage 3: Cost

Scores for the cost criterion will be calculated as follows:

The Proposal with the lowest "Total Proposed Price" in Stage 3 will receive 20 points; and the remaining Proposals are assigned points by applying the formula:

(Lowest " Total Proposed Price "of all Proposals in Stage 3 divided by the Proponent's "Total Proposed Price ") x 20.

4.3 Selection Process

The Selection Committee will score the Proposals using the evaluation table in Appendix E – Proposal Evaluation Tables.

If the submission fails any mandatory requirements, the Proposal will be rejected.

The Proposal that achieves the highest total aggregate score for Stage 2 – Detailed Evaluation (Article 4.2.2) and Stage 3 – Cost (Article 4.2.3) may be considered for recommendation as the Preferred Proponent. In the event of a tie total score, the Proponent achieving the highest score during Stage 2 (i.e. with the Cost portion removed) may be considered for recommendation as the Preferred Proponent. Notwithstanding scoring results, the City, in its sole discretion, reserves the right to select the Proponent whose Proposal provides the best overall value and provides a Solution that is in the best interests of the City.

4.4 Schedule of Events

The following schedule of events will apply to the selection process. The selection process may include interviews with short-listed Proponents:

Event: Date:

RFP issue date June 15, 2017 Deadline for Proponents questions June 22, 2017 at 4:00 pm Last day to issue addendum (if any) June 27, 2017 RFP closing date June 30, 2017 at 12:00 noon Date evaluation expected to be complete July 2017 Approval and award date July 2017 Contract Negotiations with the recommended Proponent July 2017 Contract start date August 2017

This schedule is subject to change and appropriate written notice of any changes will be provided where feasible.

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4.5 Clarifications

As part of the evaluation process, the Selection Committee may make requests for further information with respect to the content of any Proposal in order to clarify its understanding of the Proponent’s response. The clarification process shall not be used to obtain required information that was not submitted at time of close or to promote a particular Proponent.

The Selection Committee may request this further information from one or more Proponents and not from others.

4.6 Evaluation Results

Upon conclusion of the evaluation process, a final recommendation will be made by the Selection Committee to the appropriate City staff member and/or City Council.

Proposal evaluation results shall be the property of the City and are subject to MFIPPA. Evaluation results may be subject to public release pursuant to MFIPPA.

Proponents should be aware that Council and individual Councillors have the right to view the Proposals provided that their requests have been made in accordance with the City’s procedure.

4.7 Negotiations and Agreement

The award of any Agreement will be at the absolute discretion of the City. The selection of a recommended Proponent will not oblige the City to negotiate or execute an Agreement with that recommended Proponent.

Any award of an Agreement resulting from this RFP will be in accordance with the bylaws, policies and procedures of the City.

The City shall have the right to negotiate on such matter(s) as it chooses with the recommended Proponent without obligation to communicate, negotiate, or review similar modifications with other Proponents. The City shall incur no liability to any other Proponent as a result of such negotiation or alternative arrangements.

During negotiations, the scope of the services may be refined, issues may be prioritized, responsibilities among the Proponent, all staff and sub-consultants provided by it and the City may be settled and the issues concerning implementation may be clarified.

Any Agreement must contain terms and conditions in the interests of the City and be in a form satisfactory to the City Solicitor. If the Agreement requires City Council approval, then the final Agreement must contain terms and conditions substantially as set out in the Council report authorizing the Agreement. Any Agreement will incorporate as schedules or appendices such part of the RFP (including addenda) and the Proposal submitted in response thereto as are relevant to the provision of the goods and/or services.

The terms and conditions set out in Appendix ‘B’ shall be incorporated in any Agreement entered into with the recommended Proponent. These terms and conditions are mandatory and are not negotiable. Any Proponent wishing to request that the City consider any changes to the terms and conditions set out in Appendix "B" must follow the process outlined in section 5 of Appendix "A".

If any Agreement cannot be negotiated within twenty (20) business days of Notification to the recommended Proponent, the City may, at its sole discretion, terminate negotiations with that Proponent

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and negotiate an Agreement with another Proponent or abort the RFP process and not enter into any Agreement with any of the Proponents.

5.0 PROPOSAL SUBMISSION REQUIREMENTS

5.1 General Overview

The City has formulated the procedures set out in this RFP to ensure that it receives Proposals through an open, competitive process, and that Proponents receive fair and equitable treatment in the solicitation, receipt and evaluation of their Proposals. The City may reject the Proposal of any Proponent who fails to comply with any such procedures.

Proposals are expected to address the RFP content requirements as outlined herein, and should be well ordered, detailed and comprehensive. Clarity of language, adherence to suggested structuring, and adequate accessible documentation is essential to the City’s ability to conduct a thorough evaluation. The City is interested in Proposals that demonstrate efficiency and value for money. General marketing and promotional material will not be reviewed or considered.

The City prefers that the assumptions used by a Proponent in preparing its Proposal are kept at a minimum and to the extent possible, that Proponents will ask for clarification prior to the deadline for Proponent questions rather than make assumptions. Proponents should also review sections 3 to 6 of Appendix A with respect to asking questions about the RFP. Where a Proponent's assumptions are inconsistent with information provided in the RFP, or so extensive that the Total Proposed Cost is qualified, such Proponent risks disqualification by the City in the City's sole discretion.

5.2 Proposal Documentation and Delivery

The documentation for each Proposal:

(a) Must be submitted in a sealed envelope or container (submissions made by fax, telephone, or electronic message will not be accepted) displaying a full and correct return address.

(b) Should be preferably double sided, minimum 11 point font, with unlimited appendices. General marketing and promotional material should not be included.

(c) Must consist of one (1) original (clearly marked as such on its first page) and preferably two (2) full photocopies, of:

(i) A Main Proposal Document as described in the section below titled Proposal Content, including all attachments and appendices as required. (Mandatory)

(ii) Form 1 (Proposal Submission Form) completed and signed by an authorized official of the Proponent. This includes the acknowledgement of all addenda received as per Appendix A, item 4. (Mandatory)

(iii) Appendix D (Price Detail Form) completed as indicated. (Mandatory)

Note: Forms 1 to 2 are provided in Appendix C.

(d) Must be completed in a non-erasable medium and signed in ink;

(e) Must not include:

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(i) Any qualifying or restricting statements; (ii) Exceptions to the terms and conditions of the RFP that have not be approved through an

addendum; or (iii) Additional terms or conditions.

(f) Must include information requested as per article 5.3.4(2)

(g) Must include client references as per article 5.3.5(1);

(h) Must include resumes for proposed resource(s) as per article 5.3.6(1)(a);

(i) Should include one (1) electronic format of the Proposal submission. Should there be any

inconsistencies between the electronic format and the written Proposal submission, the contents of the original written Proposal submission shall prevail. A Proponent shall provide an electronic format of the Proposal submission at the request of the City.

(j) Must be delivered no later than the Closing Deadline to:

Chief Purchasing Official Purchasing and Materials Management Division 18th Floor, West Tower, City Hall Toronto, ON, M5H 2N2 Delays caused by any delivery service (including Canada Post and courier) shall not be grounds for any extension of the Deadline, and Proposals that arrive after the Deadline will not be accepted.

5.3 Proposal Content

The Proposal should contain the following items:

5.3.1 Letter of Introduction

Introducing the Proponent and signed by the person(s) authorized to sign on behalf of and to bind the Proponent to statements made in response to this RFP. This should contain the same signature as the person signing the submission forms.

5.3.2 Table of Contents

Include page numbers and identify all included materials in the Proposal submission.

5.3.3 Subsection 1 – Executive Summary

(1) Proponents should preface their submission with an Executive Summary that describes in plain terms

how their proposed services will address the City's scope referred to in Article 3.0 of this RFP.

(2) Proponent must provide acknowledgement that they have read, understood and complied with the requirement of the RFP specifically as it relates to Appendix A - RFP Process Terms and Conditions

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and Appendix B - Agreement Terms and Conditions. The lack of an acknowledgement shall be deemed as having read, understood and complied with the requirements of the RFP.

(3) Proponent must provide acknowledgement that they have read, understood and agree to provide the level of services as defined in article 3.0 - SCOPE OF SERVICES. The lack of an acknowledgement shall be deemed as having read, understood and agreed to the requirements of the RFP.

5.3.4 Subsection 2 – Proponent Profile

(1) Proponents should have the staff, organization, culture, financial resources, market share and an

operational base adequate to ensure their ongoing ability to deliver Solution Maintenance and Support within the stated time period of the contract.

(2) The Proponent must be currently supporting a minimum of three (3) SAP Work Manager Implementations, running with SAP Mobile Platform 3.0 or higher, having an overall user base of 500 or more end users. To validate this requirement, Proponents must include the following information with respect to the Proponent, and if applicable, for each consortium member.

(a) A profile and summary of the corporation, including:

(i) Date company started; (ii) Products and/or services offered; (iii) Total number of employees; (iv) Major clients; (v) Total number of major implementations currently supported (SAP Mobile Platform version

3.0 or higher); (vi) Total number of users currently supported; and (vii) Business partners and the products/services they offer, including partnerships with SAP.

(b) A profile and summary of corporate history of any parents or subsidiaries and affiliates and the nature of the Proponent’s relationship to them (i.e., research, financing and so on).

(3) If the Proponent is a member of a consortium, provide a description of the relationship(s) between consortium members. Please note section 2 of Appendix A regarding consortiums and the requirement that there be a single Proponent.

(4) The proponent should demonstrate its commitment to diversity by:

(i) describing the Proponent's commitment to an active supplier diversity program, including providing a company approved policy related to supplier diversity and demonstrated results of the policy; and

(ii) describing the Proponent's commitment to a pro-active employment diversity program, including providing the company approved employee diversity policy and demonstrated results of the policy.

(5) Certified Diverse Supplier: If the proponent is certified by a Supplier Diversity Organization, the proponent should provide evidence of such certification.

5.3.5 Subsection 3 – Experience and Qualifications of the Proponent

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The Proponent must provide a minimum of three (3) references from organizations that they support for the purpose of evaluating the Proponent’s experience and track record of success. Each reference should include:

(a) The identity of the reference client organization; (b) A contact name and title, address and telephone number; (c) The size and nature of the client’s business (note: public sector references preferred); (d) Client’s URL address. (e) The number of years dealing with the client; (f) SAP Work Manager and SMP versions; (g) Number of users supported; (h) A description of service levels provided, including statistics (e.g. average response and

resolve times, etc.)

Please note that where the skills/expertise/experience are being provided by a subcontractor or other legal entity apart from the Proponent, a Proposal that does not include the information requested in this Subsection 3 for each such subcontractor or other entity will not be awarded full marks during the evaluation process. In providing references, Proponents agree that the City can contact the individuals provided as part of the evaluation process. The City will make its own arrangements in contacting the references. Substitution of references will not be permitted after the close of the RFP.

5.3.6 Subsection 4 – Proposed Staff Team and Resources

(1) It is important that the work be undertaken by a team who can demonstrate specific knowledge of, and

experience in performing similar work for Services of comparable nature, size and scope. In particular, the Proponent should provide the following in its Proposal:

(a) A list of resource names for the following roles that the Proponent would propose to use for this work together with their professional qualifications, related project experience, any required certifications and an indication of their duties and responsibilities. The Proponent must provide a detailed professional resume for each resource proposed. The resumes should contain work history information (limited to the last 5 years) for the purpose of evaluating the resource experience and track record of employment. The resources should have the following skill sets at a minimum:

Role Skill Set Required

SAP Mobile Platform Specialist / Solution Architect

Experience in implementing at least three (3) Work Manager / SMP solutions, preferably with a high degree of customization;

Experience in implementing Work Manager 6.3 on SMP 3.0;

A thorough understanding of all standard SAP PM processes;

Expertise in Agentry 4GL and Java.

SAP Work Manager Specialist


Experience in creating custom screens and functionality;

Expertise in Agentry 4GL and Java;

Expertise in object oriented programming skills.

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SAP ABAP Developer


Expertise in ABAP development;

Expertise in object oriented programming skills;

A thorough understanding of all standard SAP PM functional skills;

Experience in creating custom Work Manager BAPIs.

(b) For each resource offered, the Proponent should provide a minimum of three (3) client references who can attest to the reliability of the resource and the quality of the services provided, in each case including;

(i) The identity of the client organization (the organizations name, contact person and title, the address, telephone number, e-address);

(ii) The size and nature of the client’s business;

(iii) The number of years the client has used the service

(iv) A description of the project;

(v) Description of the specialist’s role in performing the service

(c) Provide a statement of any conflict of interest, if applicable. Refer to Appendix A – RFP Process Terms and Conditions for information relating to conflicts of interest.

(2) The Proponent should include strategies for any unforeseen events requiring replacement of team members.

(3) The Proponent should submit signed consent forms authorizing the disclosure of personal information to the City, or its designated agent(s), for any resumes that are submitted; however, the Proponent will accept all liability if signed consent forms and resumes are not disclosed to the City.

5.3.7 Subsection 5 – Cost of Services

In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail. Extensions and totals will be corrected accordingly by City staff and adjustments resulting from the correction will be applied to the Total Proposed Cost.

Prices submitted in a Proposal are to be firm for the duration of the RFP process and the term of any resulting Agreement.

All prices must be stated in Canadian currency. The Proponent shall assume all currency risk.

The City shall not be responsible for any additional costs.

The Proponent shall be solely responsible for all costs including but not limited to, wages, salaries, statutory deductions and any other expenses and liabilities related to its own personnel, and subcontractors and suppliers and their respective personnel.

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The Proponent shall be solely responsible for any and all payments and/or deductions required to be made including, but not limited to, those required for the Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance, and Income Tax.

All invoices must clearly show HST as a separate value and HST "registrant" number.

Without restricting the generality of the foregoing, the Proponent acknowledges that, if it is a non-resident person, payments to the Proponent, as a non-resident person, may be subject to withholding taxes under the Income Tax Act (Canada). Further, unless the Proponent, as a non-resident person, provides the City with an official letter from Canada Revenue Agency waiving the withholding requirements, the City will withhold the taxes it determines are required under the Income Tax Act (Canada).

5.3.7.1 Pricing

The Proponent must complete and submit the Price Detail Form located in Appendix D - Price Detail Form. Option Year costs will be included in the cost evaluation to calculate the Total Proposed Cost.

The rates quoted must include all labour, profit, other overhead, materials, equipment, licences, analysis, travel, accommodations, communication, transportation and delivery costs (courier, long distance charges, and so on), staff time, City/Vendor meetings (as and where deemed required by the City), disbursements and any/all other operational costs and fees associated with the Services, excluding all applicable taxes. The City shall not be responsible for any additional costs.

5.3.7.2 Taxes

Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call.

HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

5.3.7.3 Payment Terms

(1) Payment for Maintenance and Support Hours will be paid monthly in equal monthly installments, to

be invoiced at the end of each month.

(2) Payment for Optional Hours will be based on actual hours consumed, to be invoiced at the end of each month.

(3) To receive payment, the Vendor must submit an invoice in accordance with the City's requirements.

(4) Each invoice should include the summary report as outlined in article 3.2(6).

(5) The City’s standard payment terms are 60 days from the receipt of the invoice. The final payment terms may be subject to further negotiation.

(6) City of Toronto offers secure electronic deposit payments directly to your bank account through our “Direct Deposit” program. For more information and/or to enroll for this payment option, please email us at [email protected] or contact our AP Customer Service Desk at [email protected] or 416-397-5235.

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(7) To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email at [email protected] . Note: Electronic invoices submitted must be in a PDF format as an attachment. If you have any questions regarding this process, please contact our AP Customer Service Desk at [email protected] or 416-397-5235

5.3.7.4 City of Toronto's Invoice and Billing Requirements

(1) To assist in prompt payment, it is essential that all required billing information is provided on the

invoice submitted to the City of Toronto. If the billing information is missing from an invoice it will result in a payment delay and the invoice may be returned to you without payment.

(2) All original Vendor invoices must be addressed and be sent DIRECTLY to:

City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street 14th Floor, Metro Hall Toronto, ON M5V 3C6

(3) It is the Vendor's responsibility to submit correct invoices for payment of goods /services delivered to the City of Toronto Divisions. If an incorrect invoice is submitted, the Vendor will be requested to issue a credit note and submit a new invoice.

(a) Electronic Invoices

(i) To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices submitted must be in a PDF format with one invoice per attachment.

(ii) Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts.

(4) Invoice/s submitted to the City of Toronto must have complete ship to information including:

(a) Name of City Division,

(b) The City Division’s contact name and phone number (the person ordering or picking up the goods and/or services),

(c) Delivery location of goods and/or services (excluding pick-up order),

(d) Purchasing document information on the invoice (blanket contract number, contract release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO), or Schedule "A" must be clearly indicated on the invoice. (*This purchasing number should be provided by City staff at the time of order*)

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(5) Vendors are to provide backup documentation directly to the ordering Division, not Corporate Accounts Payable.

5.3.7.5 Direct Deposit

(1) City of Toronto will provide secure electronic deposit payments directly to the Vendor's bank account

through the City's “Direct Deposit” program. For more information and to enrol for this payment program, please email us at [email protected] or contact the Direct Deposit program line at 416-392-9736 and follow the prompts.

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APPENDICES

Appendix A - RFP Process Terms and Conditions

1. Proponent’s Responsibility

It shall be the responsibility of each Proponent: (a) to examine all the components of this RFP, including all appendices, forms and addenda; (b) to acquire a clear and comprehensive knowledge of the required services before submitting a Propo-

sal; (c) to become familiar, and (if it becomes a successful Proponent) comply, with all of the City’s Policies

and Legislation set out on the City of Toronto website at http://www.toronto.ca/calldocuments/policy.htm

The failure of any Proponent to receive or examine any document, form, addendum, Agreement or policy shall not relieve the Proponent of any obligation with respect to its Proposal or any Agreement entered into or Purchase Order issued based on the Proponent’s Proposal.

2. Prime Proponent

A Proposal by a consortium of two or more entities may be submitted, but one person or company must be shown as the prime Proponent and be prepared to represent the consortium to the City by executing the Agreement, acting as the primary contact, and taking overall responsibility for performance of the Agreement.

Where a Proposal is made by a prime Proponent with associate firms working with or under the prime Proponent in either a sub-contracting or consortium relationship, it is required that those associate firms be named in the Proposal.

3. City Contacts and Questions

All contact and questions concerning this RFP should be directed in writing to the City employee(s) designated as “City Contact” in the Notice to Potential Proponents.

No City representative, whether an official, agent or employee, other than those identified “City Contacts” are authorized to speak for the City with respect to this RFP, and any Proponent who uses any information, clarification or interpretation from any other representative does so entirely at the Proponent’s own risk. Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Proponent to bypass the RFP process may be grounds for rejection of its Proposal.

From and after the date of this RFP until the time of any ensuing contract award, no communication with respect to this matter shall be made by any potential Proponent, or its representatives, including a third-party representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Proposal or oppose any competing Proposal, nor shall any potential Proponent, or its representatives, including a third party representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss the RFP or its Proposal with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFP.

Proponents should be aware that communications in relation to this RFP outside of those permitted by the applicable procurement policies and this RFP document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent conviction. In addition, the City's Procurement Processes Policy provides that any Proponent found in breach of the policy may be subject to disqualification from the call or a future call or calls at the

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discretion of Council. Notwithstanding anything to the contrary as set out in this document, the obligations as set out in the City of Toronto Municipal Code, Chapter 140 shall apply.

For your information, please find below the links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement: http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf

4. Addenda

If it becomes necessary to revise any part of this RFP, the revisions will be by Addendum posted electronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments. Proponents and prospective Proponents SHOULD MONITOR THAT SITE as frequently as they deem appropriate until the day of the Deadline. Only answers to issues of substance will be posted. The City reserves the right to revise this RFP up to the Closing Deadline. When an Addendum is issued the date for submitting Proposals may be revised by the City if, in its opinion, the City determines more time is necessary to enable Proponents to revise their Proposals. All Proponents must acknowledge receipt of all Addenda in the space provided on the Proposal Submission Form. The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Deadline.

5. Exceptions to Mandatory Requirements, Terms and Conditions

If a Proponent wishes to suggest a change to any mandatory requirement, term or condition set forth in any part of this RFP, it should notify the City in writing not later than the deadline for questions. The Proponent must clearly identify any such requirement, term or condition, the proposed change and the reason for it. If the City wishes to accept the proposed change, the City will issue an Addendum as described in the article above titled Addenda. The decision of the City shall be final and binding, from which there is no appeal. Changes to mandatory requirements, terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Proposal that takes exception to or does not comply with the mandatory requirements, terms and conditions of this RFP will be rejected.

6. Omissions, Discrepancies and Interpretations

A Proponent who finds omissions, discrepancies, ambiguities or conflicts in any of the RFP documentation or who is in doubt as to the meaning of any part of the RFP should notify the City in writing not later than the deadline for questions. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the RFP documents.

7. Incurred Costs

The City will not be liable for, nor reimburse, any potential Proponent or Proponent, as the case may be, for costs incurred in the preparation, submission or presentation of any Proposal, for interviews or any other activity that may be requested as part of the evaluation process or the process for the negotiation or execution of an Agreement with the City, as the case may be.

The rejection or non-acceptance of any or all Proposals shall not render the City liable for any costs or damages to any firm that submits a Proposal.

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8. Post-Submission Adjustments and Withdrawal of Proposals

No unilateral adjustments by Proponents to submitted Proposals will be permitted.

A Proponent may withdraw its Proposal at any time prior to the Deadline by notifying the City Buyer designated in this RFP in writing on company letterhead or in person, with appropriate identification. Telephone and e-mail requests will not be considered.

A Proponent who has withdrawn a Proposal may submit a new Proposal, but only in accordance with the terms of this RFP.

After the Deadline each submitted Proposal shall be irrevocable and binding on Proponents for a period of 120 days.

If the City makes a request to a Proponent for clarification of its Proposal, the Proponent will provide a written response accordingly, which shall then form part of the Proposal.

9. No Collusion

No Proponent may discuss or communicate about, directly or indirectly, the preparation or content of its Proposal with any other Proponent or the agent or representative of any other Proponent or prospective Proponent. If the City discovers there has been a breach at any time, the City reserves the right to disqualify the Proposal or terminate any ensuing Agreement.

10. Prohibition against Gratuities

No Proponent and no employee, agent or representative of the Proponent, may offer or give any gratuity in the form of entertainment, participation in social events, gifts or otherwise to any officer, director, agent, appointee or employee of the City in connection with or arising from this RFP, whether for the purpose of securing an Agreement or seeking favourable treatment in respect to the award or amendment of the Agree-ment or influencing the performance of the Agreement, including without restriction enforcement of per-formance standards, or expressing appreciation, or providing compensation, for the award of an Agreement or for performance of the City's obligations thereunder or for conferring favours or being lenient, or in any other manner whatsoever.

If the City determines that this article has been breached by or with respect to a Proponent, the City may exclude its Proposal from consideration, or if an Agreement has already been entered into, may terminate it without incurring any liability.

11. Acceptance of Proposals

The City shall not be obliged to accept any Proposal in response to this RFP.

The City may, without incurring any liability or cost to any Proponent:

(a) accept or reject any or all Proposal(s) at any time; (b) waive immaterial defects and minor irregularities in any Proposals; (c) modify and/or cancel this RFP prior to accepting any Proposal; (d) award a contract in whole or in part.

The City is relying on the experience and expertise of the Proponent. The City reserves the right to disqualify any Proponent who has given inaccurate, incomplete, false or misleading information in the sole opinion of the City.

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12. Verification

The City reserves the right to verify with any Proponent or with any other person any information provided in its Proposal but shall be under no obligation to receive further information.

If, in the opinion of the City, any Proponent has clearly misinterpreted the services or underestimated the hours or value of the services to be performed as reflected in its Proposal content and submitted price/fees, or all or any or any combination of them, then the City may reject its Proposal as not representative of the scope of the services).

13. Unbalanced Bids (In this paragraph “Bid” refers to the Proposal)

The City may reject a bid if it determines, in its sole discretion, that the bid is materially imbalanced.

A bid is materially imbalanced when:

(1) it is based on prices which are significantly less than cost for some items of work and prices which are significantly overstated in relation to cost for other items of work; and

(2) the City had determined that the proposal may not result in the lowest overall cost to the City even though it may be the lowest submitted bid; or

(3) it is so unbalanced as to be tantamount to allowing an advance payment.

14. Conflicts of Interest

In its Proposal, the Proponent must disclose to the City any potential Conflict of Interest that might compromise the integrity of the call process or the performance of the Work. If a Conflict of Interest does exist, the City may, at its discretion, refuse to consider the Proposal. The Proponent has an ongoing duty to disclose any potential Conflict of Interest while engaged in the call process and thereafter in the performance of the Work. If a potential Conflict of Interest exists or arises during the evaluation process or the negotiation of the Agreement, the City may, at its discretion, refuse to consider the Proposal or withhold the awarding of any Agreement to the Proponent until the matter is resolved to the City’s sole satisfaction.

The Proponent must also disclose whether it is aware of any City employee, Council member or member of a City agency, board or commission or employee thereof having a financial interest in the Proponent and the nature of that interest.

If, during the Proposal evaluation process or the negotiation of the Agreement, the Proponent is retained by another client giving rise to a potential Conflict of Interest, then the Proponent will so inform the City. If the City requests, then the Proponent will refuse the new assignment or will take such steps as are necessary to remove the potential Conflict of Interest concerned.

Proponents are cautioned that the acceptance of their Proposal may preclude them from participating as a Proponent in subsequent projects where a Conflict of Interest may arise. The successful Proponent for this project may participate in subsequent/other City projects provided the successful Proponent has satisfied pre-qualification requirements of the City, if any, and in the opinion of the City, no Conflict of Interest would adversely affect the performance and successful completion of an Agreement by the successful Proponent.

15. Ownership and Confidentiality of City-Provided Data

All correspondence, documentation and information provided by City staff to any Proponent or prospective Proponent in connection with, or arising out of this RFP, the Services or the acceptance of any Proposal:

(a) is and shall remain the property of the City; (b) must be treated by Proponents and prospective Proponents as confidential; (c) must not be used for any purpose other than for replying to this RFP, and for fulfillment of any

related subsequent Agreement.

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16. Ownership and Disclosure of Proposal Documentation

The documentation comprising any Proposal submitted in response to this RFP, along with all correspondence, documentation and information provided to the City by any Proponent in connection with, or arising out of this RFP, once received by the City:

(a) shall become the property of the City and may be appended to the Agreement and/or Purchase Order with the successful Proponent;

(b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"), and may be released, pursuant to that Act.

Because of MFIPPA, prospective Proponents are advised to identify in their Proposal material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury.

Each Proponent’s name at a minimum shall be made public. Proposals will be made available to members of City Council provided that their requests have been made in accordance with the City’s procedure and may be released to members of the public pursuant to MFIPPA.

17. Intellectual Property Rights

Each Proponent warrants that the information contained in its Proposal does not infringe any intellectual property right of any third party and agrees to indemnify and save harmless the City, its staff and its consultants, if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual property right in connection with their Proposal.

18. Failure or Default of Proponent

If the Proponent, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of the RFP, the City may disqualify the Proponent from the RFP and/or from competing for future tenders or RFP issued by the City for a period of one year. In addition, the City may at its option either:

(a) Consider that the Proponent has withdrawn any offer made, or abandoned the Agreement if the offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void; or

(b) Require the Proponent to pay the City the difference between its Proposal and any other Proposal which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Proponent’s failure or default, and further the Proponent will indemnify and save harmless the City, its officers, employees and agents from all loss, damage, liability, cost, charge and expense whatever which it, they or any of them may suffer, incur or be put to by reason of such default or failure of the Proponent.

19. Quasi-Criminal/Criminal Activity of a Proponent:

The City may reject a Proposal or Proponent if the City:

(a) Confirms that the Proponent or any individual that owns, directs, or controls the Proponent has been charged with or convicted of an offence under the Criminal Code, an offence as defined in the Provincial Offences Act, or an offence pursuant to similar laws outside of Ontario, or has been named in an order or similar enforcement action by a regulatory authority;

(b) Determines that this charge, conviction or order is material to the given procurement; and (c) Determines that, in light of this charge or conviction, awarding to that Bidder could compromise the

delivery of the goods or services or would otherwise undermine the business reputation of the City or the public's confidence in the integrity of the call process.

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20. Publicity

The Proponent and its affiliates, associates, third-party service providers, and subcontractors shall not release for publication any information in connection with this RFP or any Agreement without prior written permission of the City.

21. Governing Law

This RFP and any Proposal submitted in response to it and the process contemplated by this RFP including any ensuing Agreement shall be governed by the laws of the Province of Ontario. Any dispute arising out of this RFP or this RFP process will be determined by a court of competent jurisdiction in the Province of Ontario.

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APPENDIX B - AGREEMENT TERMS AND CONDITIONS

Note to Appendix: (1) The terms set out in this Appendix "B" shall be incorporated in any Agreement entered into with the Preferred Proponent substantially in the form as presented in this Appendix "B". These terms are mandatory and are not negotiable. Any Proponent wishing to request that the City consider any changes to the terms and conditions set out in Appendix "B" must follow the process outlined in section 5 of Appendix "A". (2) The Agreement will include additional terms and conditions, which will be based on and be consistent with the terms and conditions of the RFP, as may be applicable to the provision of the Solution.

1. Compliance with Laws

The Vendor will be required to comply, at its sole expense, with all federal, provincial and municipal laws, rules and regulations (including, without limitation, the City's Fair Wage and other policies or by-laws applicable to the City's vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code, the Ontario Labour Relations Act, the Workplace Safety and Insurance Act, the Income Tax Act and Occupational Health and Safety requirements) in relation to the provision of any Services, including the obtaining of all necessary permits and licences, and shall submit proof of such compliance to the City, upon request, and the Vendor shall indemnify and save the City harmless from any liability or cost suffered by it as a result of the vendor's failure to comply with this provision. 2. Non-Exclusivity

The execution of an Agreement between the City and the Vendor does not constitute a guarantee of exclusivity, and the City reserves the right to procure any goods or services from any other Person as the City determines in its sole discretion. 3. Order of Precedence

The Agreement documents will be complementary and what is required by any part thereof shall be considered as being required by the whole. In the event of a conflict or inconsistency the order of precedence shall be, in descending order of priority, as follows:

(a) the articles of the Agreement that include the Agreement Terms and Conditions set out in this Appendix B;

(b) the Schedules and Appendices to the Agreement, and other documents forming part of the Agreement as are listed in the articles or in any Schedules and Appendices;

(c) any Statements of Work or purchase orders made in writing between the parties forming part of the Agreement, except that if expressly provided in any Statement of Work or purchase order, any provision contained therein will prevail over any inconsistent provision contained in any of the documents referred to in (a) or (b) above.

(d) the RFP ( inclusive of any Addenda), and

(e) the Proposal.

The parties further acknowledge that the terms and conditions set out in any amendment or any Change Order to any of the contract documents referred to in (a), (b) or (c) above will prevail over any inconsistent provisions contained in the applicable contract document.

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4. Confidentiality and Conflict of Interest

4.1 The Vendor shall treat as confidential all information of any kind which comes to the attention of the Vendor in the course of carrying out the Services or otherwise performing its obligations under the Agreement, and shall not disseminate such information for any reason without the express written permission of the City or otherwise in accordance with MFIPPA or other applicable privacy law. The Vendor may be required to enter into a detailed confidentiality and conflict of interest agreement in a form satisfactory to the City Solicitor.

4.2 Each party to this Agreement and its Personnel (the “Receiving Party”) will treat as confidential all

financial, statistical, Personnel, technical and general data related to the operations of the other party to this Agreement (the “Disclosing Party”), including (without restriction) any pertaining to third parties, which come to the attention of the Receiving Party in the course of performing any obligations or exercising any rights under this Agreement, including any Schedule or Statement of Work, and which are not or do not subsequently become public knowledge through no fault of Receiving Party, and will not disseminate same for any reason whatsoever without the express written permission of the Disclosing Party or except as otherwise permitted under the Agreement.

4.3 The Vendor will ensure that any Vendor Personnel that have access to the City's Confidential Information complies with the confidentiality provisions of the Agreement.

4.4 Despite the foregoing, a Receiving Party shall not be required to keep confidential any data which (i) is or becomes publicly available through no fault of the Receiving Party; (ii) is already rightfully in possession of the Receiving Party and not subject to any pre-existing obligation of confidentiality; (iii) is independently developed by the Receiving Party outside the scope of this Agreement; (iv) is rightfully obtained from third parties; or (v) is required to be disclosed by operation of law but only to the extent of the legal obligation for disclosure.

5. General Indemnities and Limitation of Liability

The Vendor shall from time to time, and at all times hereafter, well and truly save, keep harmless and fully indemnify the City and any of its Personnel, successors and assigns from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever which may be brought against or made upon any of them and against any loss or damages suffered or incurred by the City arising from or relating to any physical injury, including death, or any loss of or damage to tangible property, caused by the Vendor, or the Vendor Personnel, or any entity for whom it is in law responsible, or arising from or arising from or relating to any statutory obligations of the Vendor. The City shall:

(i) give written notice of any claim as soon as is practicable to the Vendor;

(ii) not take any action that might compromise or settle such claim; and

(iii) provide to the Vendor all available information and assistance the Vendor may reasonably require.

The Vendor shall assume sole control of the defense and settlement of such claim, provided that the Vendor may not, without the prior consent of the City (not to be unreasonably withheld), settle any claim unless it unconditionally releases the City of all liability.

5.2 (a) The Vendor shall also fully defend, save harmless and indemnify the City from

and against any loss or damages suffered or incurred by the City from or arising out of the performance or rendering of, or the failure to perform or render, or the failure to exercise reasonable care, skill or diligence in the performance or

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rendering of the Services or other performance of any obligations under the Agreement;

(b) If circumstances arise where the City is entitled to recover from the Vendor damages arising in the course of the performance of the Vendor's obligations under the Agreement or arising otherwise in connection with the Agreement: (i) the Vendor's liability to the City shall be limited to direct damages which shall not exceed an amount equal to 1 times the Total Contract Price; and (ii) the Vendor shall not be liable for any indirect or consequential damages;

(c) The limitation of liability in Section 5.2 (b) above shall in no way restrict or limit: (i) the indemnity provided by the Vendor in Section 5.1 above; (ii) the indemnities provided by the Vendor in Sections 5.2(a), 6 and 7 below; and (iii) the right to recover damages suffered by the City in respect of a breach of the obligations of the Vendor relating to confidentiality as set out in Section 4 above; and for each of the foregoing, there are no limits on the Vendor’s liability; and

(d) The Vendor shall have no liability for any loss or damage arising from any third party hardware, software, or materials supplied by the City for use in the Project, unless such hardware, software, or material is acquired by the City at the recommendation of the Vendor; or, unless such loss or damage arises out of or in connection with anything done or omitted to be done by the Vendor in the course of performance of the Vendor's obligations under, or otherwise in connection with the Agreement.

5.3 The City shall under no circumstances be required to provide an indemnity of any kind.

5.4 Upon assuming the defense of any action covered under this section the Vendor shall keep City reasonably informed of the status of the matter, and the Vendor shall make no admission of liability or fault on City's part without the City's written permission.

6. Intellectual Property Indemnity

The Vendor shall indemnify and save harmless the City, and any of its Personnel, successors or assigns from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgments (including legal fees and costs) arising from infringement, actual or alleged, by the Proposal, its use or misuse, or by any of the Deliverables developed or provided or supplied under or used in connection with the Services (including the provision of the Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

The City shall: (i) give written notice of any claim as soon as is practicable to the Vendor;

(ii) not take any action that might compromise or settle such claim; and

(iii) provide to the Vendor all available information and assistance the Vendor may reasonably require.

The Vendor shall assume sole control of the defense and settlement of such claim, provided that the Vendor may not, without the prior consent of the City (not to be unreasonably withheld), settle any claim unless it unconditionally releases the City of all liability;

Should the Deliverables or any part thereof become the subject of a claim for infringement of a third party intellectual property right, then the Vendor shall, at its sole expense:

(i) procure for the City the right to use and access the infringing or potentially infringing item(s) of the Deliverables free of any liability for infringement; or

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(ii) replace or modify the infringing or potentially infringing item(s) of the Deliverables with a non-infringing substitute otherwise materially complying with the functionalities of the replaced item(s).

7. Employment & WSIB Indemnity

Nothing under the Agreement shall render the City responsible for any employment, benefit or termination liability (including those under or in connection with the Workplace Safety and Insurance Act, 1997 or any successor legislation ("WSIA"), whether statutorily required, at common law or otherwise, resulting from Services supplied under this Agreement by persons employed or otherwise engaged by the Vendor. In the event that employment related costs, or other related responsibility falls to the City for any reason whatsoever, the Vendor agrees to indemnify the City for such costs. 8. No Assignment

Except in the event of a sale or other disposition of substantially all of the assets of Vendor, or a reorganization, merger or similar transaction, neither party shall assign its rights and obligations under the Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, any disposition of assets or other transaction referred to in this Section 8, or such written consent to be provided under this Section 8, shall not under any circumstances relieve either party of its liabilities and obligations under the Agreement, including the RFP. 9. Subcontractors

9.1 The Vendor shall be solely responsible for the payment of every Subcontractor employed, engaged, or retained by it for the purpose of assisting it in the performance of its obligations under the Agreement. The Vendor shall coordinate the services of its Subcontractors in a manner acceptable to the City, and ensure that they comply with all the relevant requirements of the Agreement.

9.2 The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or willful misconduct of its Subcontractors.

10. Personnel and Performance

10.1 The Vendor shall make available appropriately skilled workers, consultants or Subcontractors, as appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to carry out the Project.

10.2 The Vendor shall be responsible for its own staff resources and for the staff resources of any Subcontractors and any other third-party service providers.

10.3 The Vendor shall ensure that its Personnel, when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives provided to the Vendor in writing, relating to those buildings, premises, equipment, hardware or software.

11. Independent Contractor

The Vendor and the City agree and acknowledge that the relationship between the City and the Vendor is one of owner and independent contractor and not one of employer-employee. Neither is there any intention to create a partnership, joint venture or joint enterprise between the Vendor and the City. 12. Insurance

12.1 The successful Vendor agrees to purchase and maintain in force, at its own expense and for the duration of the services, the following policies of insurance, which policies shall be in a form and with an insure acceptable to the City. A certificate evidencing these policies signed by the insurer

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or an authorized agent of the insurer must be delivered to the City prior to the commencement of services:

1. Commercial General Liability provided that the policy:

(i) is in the amount of not less than Two Million Dollars ($2,000,000.00), per occurrence;

(ii) adds the City as an additional insured;

(iii) includes Non-Owned Automobile Liability, Employer's Liability and/or Contingent Employer's Liability, and any other provision relevant to the Services;

(iv) includes a clause which will provide the City with thirty (30) days' prior written notice of cancellation (15 days if cancellation is due to nonpayment of premium).

2. Professional Liability (errors and omissions) coverage provided that the policy:

(i) is in the amount of not less than One Million Dollars ($1,000,000);

(ii) will extend to infringement of copyright and other intellectual property, including misuse of trade secrets, if appropriate.

Notwithstanding anything to the contrary contained in this Agreement, kept in full force and effect for a period of time ending no sooner than TWO YEARS after the termination or expiry of this Agreement, as the case may be.

3. Automobile Liability insurance with a minimum limit of One Million Dollars ($1,000,000) for all owned or leased licensed motorized vehicles used in the performance of Services.

12.2 It is understood and agreed that the coverage and limits of liability noted above are not to be construed as the limit of liability of the Vendor in the performance of Services. It is also agreed that the above insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the Vendor. At the expiry of the policies of insurance, original signed Certificates evidencing renewal will be provided to the City without notice or demand.

12.3 The successful Vendor is responsible for any loss or damage whatsoever to any of its materials, goods, equipment or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods, supplies and equipment. The successful Vendor shall have no claim against the City or the City’s insurers for any damage or loss to its property and shall require its property insurers to waive any right of subrogation against the City.

13. Warranties and Covenants

The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying thereon) that any Deliverable resulting from or to be supplied or developed under the Agreement will be in accordance with the City’s functional and technical requirements (as set out in the RFP) and, if applicable, will function or otherwise perform in accordance with such requirements. 14. Third Party Software

14.1 Where the City is in possession of software containing or constituting confidential proprietary information belonging to third parties, the Vendor shall not, except in the usual incidental manner genuinely necessary for the intended use of such software on the equipment of the City,

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(a) analyze, copy, decompile, disassemble, translate, convert, reverse engineer or duplicate any physical embodiment or part thereof, or permit any person to do so; or

(b) divulge to any unauthorized person the ideas, concepts or techniques, or make any other improper use, of such software.

14.2 The Vendor shall fully defend, save harmless and indemnify the City from and against any loss or damages suffered by the City as a result of any failure by the Vendor or the Vendor Personnel or any of them to comply with the provisions hereof.

14.3 Should the Vendor include third party components within the Solution, the Vendor must secure the rights to use and repackage third party components and pass on those rights to the City without additional charges.

15. Ownership of Project Documentation

All information, data, plans, specifications, reports, estimates, summaries, photographs and all other documentation prepared by the Vendor in the performance of the Services under the Agreement, whether they be in draft or final format, shall be the exclusive property of the City, except as follows: Vendor will own its working papers, pre-existing materials and software, as well as any general skills, know-how, processes, or other intellectual property (including a non-City specific version of any Deliverables) which Vendor may have discovered or created as a result of the Services ("Vendor Materials"). The City has a perpetual, nonexclusive, non-transferable license to use any Vendor Materials included in the Deliverables for the City's own internal use as part of those Deliverables, which license will survive termination of the Agreement. Such license may include the right to make arrangements with the City Personnel or service providers retained by the City to support the City’s internal use of the Vendor Materials as part of the Deliverables.

16. Payment Schedule

16.1 A payment Schedule satisfactory to the City shall form part of the Agreement.

16.2 No fees or reimbursable expenses shall become payable to the Vendor pursuant to the Agreement other than pursuant to one or more Schedules to the Agreement.

16.3 The Vendor shall submit invoices in such detail as may be required by the City, and the City reserves the right to require further proof or documentation from the Vendor in respect of Services performed, Deliverables provided or expenses incurred by the Vendor and the Vendor shall provide, without delay, such further proof or documentation.

16.4 If the City does not approve of the Services, Deliverables or expenses which are the subject of the invoice, the City shall advise the Vendor in writing of the reasons for non-approval and the Vendor shall remedy the problem at no additional cost to the City before the City shall be obliged to pay the disputed portion of the invoice. The City shall pay any undisputed amounts in accordance with the payment Schedule.

16.5 The Vendor shall be solely responsible for the payment of all Personnel costs including statutory and otherwise (including without limitation Subcontractors and suppliers and their respective Personnel) made available by it and used for performance of any of the Services.

17. Termination Provisions

17.1 Failure of the Vendor to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable is not rectified in that time. In the event of such termination, the City shall

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not incur any liability to the Vendor apart from the payment for the goods, material, articles, equipment, work or services that have been satisfactorily delivered or performed by the Vendor at the time of termination.

17.2 If the City is in material breach of any of its obligations under the Agreement, the Vendor shall notify the City of the breach and shall have the right to terminate the Agreement without further obligation or liability to the City if the City fails to remedy or to diligently take steps to remedy such breach within thirty (30) calendar days after receipt of written notice of the breach. In the event of such termination, the City shall pay all undisputed payments due and payable under the Agreement to the date of termination. This section shall in no way limit the use of any Deliverables provided by the Vendor to the City or the use of any Deliverables already paid for by the City prior to any termination of the Agreement by the Vendor.

17.3 All rights and remedies of the either party for any breach of the other party's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the either under the Agreement or otherwise at law.

17.4 No delay or omission by either party in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy.

17.5 Upon termination, all Deliverables, including all originals and copies of data, plans, specifications, reports, estimates, summaries, photographs, and other documents, and including all Vendor Materials that form part of any Deliverables, that have been accumulated and/or prepared by the Vendor in performance of the Agreement shall be delivered to the City in a clean and readable format, and the City shall be entitled to retain all Deliverables provided at any time up to the date of termination. Notwithstanding the foregoing, the Vendor may retain copies of all materials relevant to the Services, including materials provided by the City to enable it to maintain a professional record of its involvement, provided confidentiality requirements of the Agreement survive its termination.

18. Right to Audit

Subject to the Vendor’s security, professional and confidential obligations to its other clients, the City may audit all financial and related records associated with the terms of this Agreement including timesheets, reimbursable out of pocket expenses, materials, goods, and equipment claimed by the Vendor relating to the Services. The Vendor shall at all times during the term of the Agreement, and for a period of 7 years following completion of the Agreement, keep and maintain records of the Services performed pursuant to this Agreement. This shall include proper records of invoices, vouchers, timesheets, and other documents that support actions taken by the Vendor. The Vendor shall at its own expense make such records available for inspection and audit by the City at all reasonable times.

19. Occupational Health and Safety

The Vendor shall comply with all federal, provincial or municipal occupational health and safety legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").

(a) Nothing in this section shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Vendor for the performance of the Services either instead of or jointly with the Vendor.

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(b) The Vendor agrees that it will ensure that all Subcontractors engaged by it are qualified to perform the Services and that the employees of Subcontractors are trained in the health and safety hazards expected to be encountered in the Services.

(c) The Vendor acknowledges and represents that:

(i) The workers employed to carry out the Services have been provided with training in the hazards of the Services to be performed and possess the knowledge and skills to allow them to work safely;

(ii) The Vendor has provided, and will provide during the course of the Agreement, all necessary personal protective equipment for the protection of workers;

(iii) The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their duties in a diligent and responsible manner with due consideration for the health and safety of workers;

(iv) The Vendor has in place an occupational health and safety, workplace violence and workplace harassment policies in accordance with the OHSA; and

(v) The Vendor has a process in place to ensure that health and safety issues are identified and addressed and a process in place for reporting work-related injuries and illnesses.

(d) The Vendor shall provide, at the request of the [General Manager/Executive Director/etc.] or his designate, the following as proof of the representations made in paragraph d(i) and d(iv):

(i) documentation regarding the training programs provided or to be provided during the Services (i.e. types of training, frequency of training and re-training); and

(ii) the occupational health and safety policy.

(e) The Vendor shall immediately advise the [General Manager/Executive Director/etc.] or his designate in the event of any of the following:

(i) A critical injury that arises out of Services that is the subject of this Agreement;

(ii) An order(s) is issued to the Vendor by the Ministry of Labour arising out of the Services that is the subject of this Agreement;

(iii) A charge is laid or a conviction is entered arising out of the Services that is the subject of this Agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code, R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

(f) The Vendor shall be responsible for any delay in the progress of the Services as a result of any violation or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the Services or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the Services without additional cost to the City.

(g) The parties acknowledge and agree that employees of the City, including senior officers, have no authority to direct, and will not direct, how employees, workers or other persons

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employed or engaged by the Vendor do work or perform a task that is the subject of this agreement.

20. Workplace Safety and Insurance Act

20.1 Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB") workers’ compensation coverage for its employees providing Services under this agreement, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997.

20.2 Vendor represents and warrants that it shall be in good standing with the WSIB throughout the term of this agreement. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a Clearance Certificate issued by the WSIB confirming that the Vendor has paid its assessment based on a true statement of the amount of its current payroll in respect of the Services and that the City is relieved of financial liability. Thereafter, throughout the period of Services being supplied, a new Clearance Certificate will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the Certificate's validity period whichever comes first.

20.3 Vendor shall ensure that any and all persons, including but not limited to volunteers, students, subcontractors and independent contractors, providing services under this agreement, have secured WSIB coverage, whether required statutorily or not, for the term of this agreement.

21. Accessibility Standards and Customer Service Training Requirements

20.1 The Vendor must ensure that all deliverables conform to the requirements of the Accessibility for Ontarians with Disabilities Act, 2005.

20.2 The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training requirements set out in the City's policy on Accessible Customer Service Training Requirements for Contractors, Consultants and other Services Providers. For a copy of the City of Toronto requirement, visit the website at http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=aa2f637314522410VgnVCM10000071d60f89RCRD&vgnextfmt=default

22. Acceptance

22.1 Each SOW to be made as part of the Agreement will provide for the payment of a fixed price with respect to the Services and Deliverables to be provided under that SOW, and will include a deliverables-based payment structure based on completion and acceptance of tangible Project Deliverables (rather than progress payments made based on consulting time / effort expended). The City will be responsible for acceptance of the defined Deliverables, based on defined criteria and such acceptance will not be unreasonably withheld. These milestone deliverables and the associated acceptance criteria will be mutually agreed to by the City and Vendor prior to the commencement of any part of the Project to be carried out under the applicable SOW.

23. Governing Law

23.1 The Agreement shall be governed by the laws of the Province of Ontario, and of Canada. Any dispute arising out of the Agreement will be determined by a court of competent jurisdiction in the Province of Ontario unless otherwise agreed to in writing by the City.

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IMPORTANT - PLEASE READ THIS It is important to the City of Toronto to receive a reply from all invited Proponents. There is no obligation to submit a Proposal; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Proposal in the future. INSTRUCTIONS: If you are unable, or do not wish to submit a Proposal on this Request for Proposals, please complete the following portions of this form. State your reason for not submitting a Proposal by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Proposals documents. 1. We do not offer this service. Other reasons or additional comments. 2. We do not offer services to these requirements. 3. Unable to offer services competitively. 4. Cannot handle due to present commitments. 5. Quantity/project too large. 6. Cannot meet delivery/completion requirements. 7. Licensing restrictions. Do you wish to participate in Request for Proposals for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space. Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.: Fax No.:

Send by Fax: 416-397-7779 or by email: [email protected]

FORM 2

NOTICE OF “NO SUBMISSION”

RFP # : 9144-17-7203

CLOSING June 30, 2017

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Appendix D - Price Detail Form

1. The City will pay for Maintenance and Support Hours in Year 1 (as well as in each option year, if

exercised), as outlined in this Appendix D - Price Detail Form.

2. If the City exceeds the number of Maintenance and Support Hours in a given year and there remain unresolved issues outside of the scope of Support and Maintenance that the City would like the Vendor to perform, the City, in its sole discretion may engage the Vendor for Optional Hours based on the hourly rates provided in this Appendix D - Price Detail Form, subject to the Change Order process.

3. The Optional Hours in this Schedule are estimated and included for evaluation purposes only. The City does not guarantee the quantity of Optional Hours that may be required.

4. The City reserves the right to redistribute and/or reorganize the breakdown of hours among the specialist positions as required.

5. Option Year costs for Years 2 and 3 will be included in the cost evaluation to calculate the total price of the Proposal.

For instructions on completing this form, see section 5.3.7 - Subsection 5 – Cost of Services.

Year 1 Support A B C

Specialist Position YEAR 1 – Per Hour Rates

(excluding taxes)

Hours Extended Price

(A x B)

Maintenance and Support Hours:

SAP Mobile Platform Specialist / Solution Architect $ _________/hour 24 $


SAP Work Manager Specialist $ _________/hour 96 $


SAP ABAP Developer $ _________/hour 96 $

Optional Hours:


Optional Hours:


Optional Hours:


Total Price for Services - Year 1 Y1 = $ ____________________

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Appendix D - Price Detail Form (Continued)

Option Years:

Option Year 2 A B C

Specialist Position Option Year 2 – Per Hour Rates

(excluding taxes)


(A x B)







Optional Hours:


Optional Hours:


Optional Hours:


Total Price for Services - Option Year 2 Y2 = $ ____________________

Option Year 3 A B C

Specialist Position Option Year 3 – Per Hour Rates

(excluding taxes)


(A x B)







Optional Hours:


Optional Hours:


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Optional Hours:


Total Price for Services - Option Year 3 Y3 = $ ____________________

Total Proposed Costs - Y1 + Y2 + Y3 $ _________________________

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Appendix E – Proposal Evaluation Tables

EVALUATION CRITERIA Available

Points

STAGE 1 – Initial Evaluation of Mandatory Administrative Requirements as listed in Section 4.2.1

Pass/Fail

Stage 1: Compliance with Mandatory Submission Requirements

Pass/Fail

STAGE 2 – Detailed Evaluation as per Section 5.3– Proposal Content 80

a) PROPONENT PROFILE: Evidence that the Proponent is a viable and sound enterprise as per Section 5.3.4 - Subsection 2 – Proponent Profile.

10

b) EXPERIENCE AND QUALIFICATIONS OF THE PROPONENT: Demonstrated relevant experience, qualifications, and success in comparable assignments as per Section 5.3.5 - Subsection 3 – Experience and Qualifications of the Proponent. This will be evaluated based on the weightings indicated in the table of category descriptions below and multiplied by the available points for this section:

Evaluation Criteria Relative

Weight

Appropriate experience required to support the Solution as specified under Article 3.0 - Scope Of Work;

60

Demonstrated service levels, including quick response times, prompt Issue resolutions, and a high client satisfaction rate; and

30

Provided their clients with multiple intake channels. 10

TOTAL 100

25

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c) PROPONENT STAFF TEAM AND RESOURCES: Caliber of specific professional services team proposed for this assignment – specific consulting skills and relevant work experience on projects of similar size and scope as per Section 5.3.6 - Subsection 4 – Proposed Staff Team and Resources. This will be evaluated based on the weightings indicated in the table of category descriptions below and multiplied by the available points for this section:

Description Relative

Weight

Relevant skill set and experience for SAP Mobile Platform Specialist / Solution Architect resource

35

Relevant skill set and experience for SAP Work Manager Specialist resource

20

Relevant skill set and experience for SAP ABAP Developer resource 35

Proponent's strategy for any unforeseen events requiring replacement of team members. 10

TOTAL 100

45

STAGE 3 – COST Proponents must meet a minimum of 60% for Stages 2b) and c) above to be further considered for cost.

Proponent's Fees ("Total Proposed Price") Scores will be calculated as follows: Lowest priced proposal receives 20 points, and remaining proposals are assigned points based on the following formula: (Lowest price divided by Proponent price) x 20

20

TOTAL SCORE (Stage 2 + Stage 3) 100 View

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