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TABLE OF CONTENTS
RFP 2104-14-3019 Notice to Potential Proponents ...................................................................................................................... 1 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 Introduction ......................................................................................................................... 8 2.2 Background ......................................................................................................................... 9
3.0 SCOPE OF WORK .......................................................................................................................... 9
4.0 PROPOSAL EVALUATION AND SELECTION PROCESS...................................................... 22 4.1 Selection Committee ......................................................................................................... 22 4.2 Selection Criteria .............................................................................................................. 22
4.3 Selection Process .............................................................................................................. 24 4.4 Schedule of Events ............................................................................................................ 24 4.5 Clarifications ..................................................................................................................... 24 4.6 Interviews or Demonstrations ........................................................................................... 24 4.7 Evaluation Results ............................................................................................................ 25 4.8 Negotiations and Agreement............................................................................................. 25
5.0 PROPOSAL SUBMISSION REQUIREMENTS .......................................................................... 26 5.1 General Overview ............................................................................................................. 26 5.2 Proposal Documentation and Delivery ............................................................................. 26 5.3 Proposal Content ............................................................................................................... 27 APPENDICES Appendix A RFP Process Terms and Conditions .................................................................................. 36 Appendix B Agreement Terms and Conditions .................................................................................... 42 Appendix C Standard Submission Forms ............................................................................................. 49 Appendix D Supplementary Submission Forms ................................................................................... 56 Appendix E Proposal Evaluation Table(s) ............................................................................................ 61 Appendix F Forms and Reference Material .......................................................................................... 62
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1.0 TERMINOLOGY
1.1 References to Labelled Provisions Each reference in this Request for Proposal to a numbered or lettered “article” subarticle” “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, “Agencies, Boards Commissions and Corporations (ABCC’s)” refer to bodies and organizations that have a direct reporting or funding relationship with the City of Toronto or Council. The list of current organization name and contact of agencies to be considered under this RFP is available from the City web site www.toronto.ca/abc/toc.htm. “Agreement” means the executed written contract entered into between the City and a Vendor setting out the respective undertakings by the City and the Vendor to perform their respective duties, responsibilities and obligations as prescribed in the Agreement and includes the RFP, and all Addenda, appendices, schedules, drawings and such other documents as may be listed in the Agreement and any change orders and other amendments to the Agreement. It is used interchangeably with “Contract”. “Airtime Plan” means the billing rate schedule to be applied to an individual or group of units based on a minimum number of minutes, volume of data, number of messages or combination thereof, included for use per individual user per month. “Alphanumeric Paging” means service for delivering short text or numeric messages entered by a caller via telephone or computerized system to a paging device. Messages are typically limited to between 120 and 500 characters dependent on the Carrier and the capabilities of the paging device. “Business Day” means Monday to Friday excluding statutory Holiday in the Province of Ontario. “Carrier” means a company that owns or operates transmission facilities and is licensed by Industry Canada to offer wireless telecommunications services to the general public. “Change Date” means the date that any agreed to change in the terms and/or conditions governing the contract or individual services be implemented. “City” means the City of Toronto. “City Confidential Information” means, with respect to the City: (i) any commercial, administrative, Personnel, financial, policy, personal, technical, regulatory, and constituent information and shall include this RFP and any resulting Agreements; (ii) Personal Information and (iii) information that would be reasonably considered to be the confidential or proprietary information of the City excluding any part of the City Proprietary Information which: (a) is or becomes publicly available through no act or failure of the other Party from a source other than the disclosing Party prior to receipt from the disclosing Party; or (c) becomes independently available to the other Party as a matter or right; or (d) is compelled to be disclosed pursuant to law, regulation, judicial or administrative order or decree, subpoena or similar process, provided that the City is promptly notified and given any available opportunity to obtain a
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protection order or other remedy against disclosure and that, if so compelled, the disclosing Party shall only furnish the portion of the City Proprietary Information that it is legally required to furnish. “City Contact” means the City Contact identified in the Notice to Potential Proponents for the purposes of this RFP. “Commercially Reasonable Efforts” means the taking by any person or entity of such action as would be in accordance with reasonable commercial practices as applied to the particular matter in question to achieve the result as expeditiously as practicable; provided that such action shall not require that such person or entity incur unreasonable expense. “Comparable Customer” means any corporate or government (including federal, provincial or municipal) customer in Canada purchasing similar Services of comparable size, scale and level of use. “Council” means City Council. “Deadline” means the Deadlines identified in the Notice to Potential Proponents and article 4.4 Schedule of Events as it relates to questions and closing Deadlines. “Division(s)” means all of the City Divisions including Council. “Equipment” means cellular handsets, Numeric and Alphanumeric Paging devices, wireless internet email devices, cellular data devices and accessories. “Fixed and Mobile Telephony Convergence”, also known as “FMC” refers to providing both services with a single device, which could switch between networks in an ad hoc or as needed. This could include services that allow the use of a cellular handset on a WiFi network as well as a commercial cellular network depending on service availability and location, providing continuity of a current call between networks. "Flex rate plan" refers to individual Voice and Data plans that will automatically apply incremental pricing changes through a single billing cycle based on the volume of actual use to ensure the lowest cost charge for additional use is applied. The initial increment will be reset to the lowest setting at the start of each billing cycle. “FOB” is an acronym for “free on board”, which for the purposes of this RFP and subject to the more specific requirements set out in article 3.2.2, means that the customer shall pay for the cost of delivery to the named point of destination and the Vendor remains responsible for Equipment until it is accepted by the customer at which time responsibility shifts to the customer. "Gateway" means a network point that acts as an entrance to another network. “Hardware” means Equipment and has the same meaning as Equipment; “Internet” means the worldwide network of computers commonly understood as the Internet. “IP” means Internet Protocol, which specifies the format and addressing of packets. IP, the network layer protocol in the TCP/IP communications protocol suite, contains a network address and allows messages to be routed to a different network or subnet. "IPSec" means IP Security, which is a set of protocols developed by the Internet Engineering Task Force (IETF) to support the secure exchange of packets and is used widely to implement Virtual Private Networks.
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“Market Price” means the Proponent’s best advertised Equipment cost at any given time on the open market. “Market Rate” means the Proponent’s best advertised airtime cost per minute at any given time on the open market. “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act, provincial legislation that governs access to public information and the protection of personal information and privacy. “New” means that the Equipment to be purchased or rented by the Vendor of Record to the City shall not have been used, rented or leased to another party prior to its offer for sale or rental to the City. “Numeric Paging” means service for allowing a user to call a service provider via telephone or computerized system and enter a return telephone number, which will then be relayed out to the physical pager for display "Packet" means a unit of data that is routed between and origin and a destination over the Internet. “Party” means either the City or Vendor as the context requires; and Parties means both the City and the Vendor. “Personal Information” means any information about an identifiable individual that is governed by applicable federal or provincial privacy laws and regulations, and includes any information which may be considered “Personal Information” under the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”) or which may be subject to MFIPPA or PHIPA. “Personnel” with respect to either Party, means the Party’s employees, contract personnel, representatives, invitees, members, volunteers, officials, agents, in the case of the Vendor, its directors, partners, subcontractor(s), sub-consultants and third party service providers and in the case of the City its Members of Council, Mayor and officers.
“PHIPA” means the Personal Health Information Protection Act, (the Act), provincial legislation that governs the collection, use and disclosure of personal health care information within the health care system. “Plan” means Airtime Plan. “Preferred Vendor of Record” means the Proponent(s) who's Proposal(s), as determined by City staff through the evaluation analysis described in this RFP, provides the best overall value in meeting the City’s requirements, and with whom the City will enter into a non-exclusive Agreement for New Services during the term of the Agreement. “Project Manager” means the main contact person at the City or the Vendor, as appropriate, for all matters relating to the management of the Services and Personnel assigned to manage the Services. “Proponent” means a legal entity that submits a Proposal in response to a formal Request for Proposal. “Proposal” means an offer submitted by a Proponent in response to a formal Request for Proposals (RFP), which includes all of the documentation necessary to satisfy the submission requirements of the RFP. “Request” means an order for Services made under an Agreement as more specifically detailed in article 3.2.2 of this RFP using the Request form substantially in a form attached as Appendix F-8.
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“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. “Services” means all services, Equipment and deliverables to be provided by a Vendor as described in this RFP to meet the City’s requirements. "Smartphone" refers to a cellular voice handset based on an advanced operating system/platform allowing greater computing ability and connectivity than typical to a basic cellular phone. This includes the ability to run 3rd party applications and greater multimedia capture and playback capabilities. “Successful Proponent” means a Proponent with which the City or one of its Agencies, Boards. Commissions and Corporations enters into an Agreement. "Subscriber line" refers to an active telephone number being provided service and included on current billing, and may refer to a voice, data, pager service, or any combination thereof. "Term" is a period of five (5) years from the Effective Date of an Agreement. “Term Commitment Agreement” or “TCA” means specific commitments and/or conditions on the new activation or Upgrade of individual units or purchased services. Conditions and commitments may include financial or added services incentives for committing to a minimum period of service greater than one (1) year. “Unified Communications” is the technology architecture which automates and unifies all forms of call and message management functions controlled by an individual user for human and device communications. Potentially includes the integration of fixed and mobile voice, email, instant messaging, applications, voicemail, fax, audio/visual into a single environment. “Unified Messaging” is the integration of different types of communication (voice, data, fax, and video) into a single unified service or message store, accessible from multiple locations and devices. This would be considered an implementation of Unified Communications. "Upgrade" means that the City is replacing the Hardware or handset on an existing service with New Equipment, while maintaining the existing assigned number. “Vendor” means a “Vendor of Record” or “Preferred Vendor of Record", as appropriate, and includes any dealers or sub-contractors acting as the Vendor’s agent. “Vendor of Record” or “VOR” refers to all Successful Proponents meeting the minimum requirements of this RFP and qualified to supply Services to the City resulting from this RFP, with each of whom an Agreement is entered into. “Virtual Private Network” also referred to as "VPN" is a secure network constructed using the Internet which uses encryption and other security mechanisms to ensure that only authorized users can access the network and that data cannot be intercepted. “Voice over Internet Protocol”, also referred to as “VoIP”, refers to the protocol and actual transmission of voice telephony communications over a packet-switched network. Telephony signals are transmitted as digital signals and through gateway equipment or services, to traditional telephone systems. “Warranty” means a minimum one (1) year period, from date of delivery of the handset, accessories or Equipment and shall cover failures due to defects in materials or workmanship that occur during normal use.
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1.3 Interpretation In this RFP and in the Agreement, 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 this RFP, unless that 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 RFP 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 this Agreement; (c) the RFP ( inclusive of all Addenda); and (d) the Proposal
(5) In this RFP, unless the context otherwise necessitates,
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;
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;
all amounts are expressed in Canadian dollars and are to be secured and payable in Canadian dollars;
all references to time shall be deemed to be references to current time in the City;
a word importing only the masculine, feminine or neuter gender includes members of the other genders; and a word defined in or importing the singular number has the same meaning when used in the plural number, and vice versa;
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Grammatical variations of any expressions defined in this RFP shall have similar meanings to such defined expressions.
“shall”, “may”, “herein”, “person”, “writing”, “written”, “surety”, and “security” shall have the same meaning and effect as given in the Interpretation Act, R.S.O. 1990, as amended;
“including” means “including but not limited to”;
the words “acceptable”, “approval”, “authorized”, “considered necessary”, “directed”, “required”, “satisfactory”, or words of like import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the City or the Project Manager, as the case may be, unless the context clearly indicate otherwise;
any words and/or abbreviations, which have well-known professional, technical or trade meanings, are used in accordance with such recognized meanings;
all accounting terms have the meaning recognized by or ascribed to those terms by the Canadian Institute of Chartered Accountants;
1.4 RFP Process Terms and Conditions This RFP process is governed by the terms and conditions in Appendix A.
2.0 PURPOSE
2.1 Introduction (1) Proposals are invited from established and licensed Proponent(s) for the provision of wireless
telecommunication Services and Equipment for the City of Toronto. (2) It is the intent of the City to enter into Vendor of Record Agreements for the purchase, supply
and utilization of wireless telecommunications Services and Equipment with all Proponents currently servicing the Greater Toronto Area who meet the mandatory requirements of this RFP. The resulting Agreements shall supersede all existing Agreements for City held accounts.
(3) It is the intention of the City to enter into specific fixed price Agreements for Services, each
with a Term of five (5) years, with all Successful Proponents added to the Vendor of Record list. The rates and included terms and conditions resulting from the Agreements shall apply to all City held accounts as of the date of execution.
(4) It is the intention of the City to select a non-exclusive Preferred Vendor of Record for each
Service included under this RFP. A Proponent selected as a Preferred Vendor of Record will not necessarily be Preferred Vendor of Record for all of the Services.
(5) It is the intention of the City that the non-exclusive Preferred Vendor(s) of Record for each
Service included under this RFP, shall receive all orders for net New Equipment and Services. The City may choose to replace competitors’ products with those supplied by the Preferred Vendor(s) of Record at its own discretion and as required by individual City Divisions and business entities throughout the Term of the Agreement resulting from this RFP.
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(6) On an exception basis, the City reserves the right to utilise the Service from any qualified Vendor of Record, rather than the Preferred Vendor of Record for the Service, based on the individual needs at the time of order without being in breach of any Agreement with the Preferred Vendor of Record.
(7) Term Commitment Agreements (TCA) and any incentives therein that are already in existence
at the time one or more Agreements are entered into pursuant to this RFP shall continue for the term specified therein, but to the extent that any other terms of such TCA are inconsistent with the terms of the Agreements resulting from this RFP, the terms of the latter Agreements shall prevail.
(8) To the extent that any TCA entered into extends beyond the Term of the Agreement pursuant to
which it was entered into, the terms and conditions of such Agreement shall survive that Agreement’s termination in respect of Services included under the continuing TCA until the termination of the TCA or unless superseded by another agreement.
2.2 Background (1) The City is seeking to maintain all existing accounts and services in use with current vendors, as
well as determine how future Services will be acquired.
(2) The City currently holds accounts with Bell Mobility, Rogers Wireless, Telus Mobility and PageNet Canada. As of January 1, 2013, the distribution of wireless telecommunications devices in the City is:
(a) 3880 Blackberry’s (b) 2005 Pagers (c) 2165 Data modem (d) 5055 Cellular/2-Way Radio Hybrid
(3) The inventory noted includes all wireless devices currently held by City Divisions and has accounted for approximately $6,000,000 / year in spending in prior years. The City intends to utilize the pricing resulting from this RFP and administrative efficiencies to ensure reduced costs for Services over the life of the Agreements.
(4) Those ABCCs that choose to participate in the resulting agreements manage and maintain their own inventory of Equipment and Services, independent of the City's accounts, service level agreements, minute or data pooling and on-going billing. Inventory and costs would be in addition to those figures noted here relating only to those services directly contracted or purchased by the City.
(5) The current inventory and the value of past year spending are in no way to be construed as a
guarantee of future business volumes.
3.0 SCOPE OF WORK
3.1 Overview (1) Services being requested and included under the scope of this RFP include:
a) Cellular Services (including voice, messaging, cellular/2-way PTT, smartphone);
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b) Paging Services (numeric, alphanumeric, 2-way); and c) Data Services (fixed cellular, mobile cellular, machine to machine).
(2) The Services required under this RFP are for wireless telecommunications Services for voice,
messaging and data over cellular and paging networks only. Other types of wireless service such as satellite data, microwave relay, fixed point to point, Wi-Fi 802.11x wireless LAN, IEEE 802.15x are excluded from the scope of this RFP.
(3) Equipment must have a minimum one-year Warranty as detailed in article 3.2.4 - Warranty,
Service and Repair. (4) The City of Toronto makes no guarantee of the value or volume of Services a Vendor may be
called on to provide through the resulting Agreements or through agreements with ABCCs. The value and volume, if any, of Services acquired by the City of Toronto will depend on a variety of factors including annual budgetary approvals for each Division as will the value and volume of Services, if any, acquired by ABCCs utilizing these Agreements.
(5) Agreement(s) resulting from this RFP will be for the use of City of Toronto Operating
Divisions, Council and for the optional use of ABCCs. However, the City makes no guarantee that any of these entities will require the Services as of the commencement of the term of the Agreement(s) or at any time.
(6) The City is under no obligation to terminate any TCA or month-to-month agreements currently
in place with wireless telecommunications service vendors or in future to obtain the Services exclusively from the list Vendors of Record created as a result of this RFP, including the Preferred Vendor of Record.
(7) The City's unique operational requirements result in a significant seasonal shift in overall use as
well as other repeating short term demands. Operations such as maintenance and construction, inspections and licensing and special events are year round activities, but may cause short term peaks in use for one area, while another area is on a seasonal break.
(8) The City wishes to ensure the most efficient and cost effective management of accounts and
costs control and Proponents are asked to provide pricing based on per unit, pooling and flexible (automatically adjusting) rates. Preference will be given to those proposals that include the pooling or sharing of voice minutes and data volume across multiple units on the City accounts and/or include options for "roll over" of unused minutes from one billing period to the subsequent billing period.
(9) The City is interested in the adoption of new technologies and solutions that will allow for
greater return on its investment in technology and services. (10) A Proponent who submits conditions, options, variations or contingent statements to the terms
set out in Appendix B, either as part of its Proposal or after receiving notice of selection for an Agreement, may be disqualified.
(11) The City may consider requests for changes to the template Agreement that are in the nature of
clarifications, or corrections of typographical or clerical or similar errors, but is not under any obligation to enter into any Agreement that is not in form and content substantially similar to Appendix B.
(12) Subject to subsection 3.1(6) of this RFP, where the City has pre-existing subscribers to the
services covered under this RFP and provided by a successful Proponent at the time of the
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award, those subscribers will be moved or migrated to the new plans as proposed within ninety (90) days of the effective date of the agreement.
3.2 General Requirements
3.2.1 Business Requirements
(1) Proponent(s) must extend the pricing and terms of any Agreement with the City of Toronto, to any subsequent agreement established by the Proponent with any of the City's ABCCs. Such ABCCs would then have the option to purchase directly from the Vendor(s) using the City's pricing and terms, without requiring a separate RFP process. The Vendor(s) will notify the City of any such agreements with an ABCC.
(2) Proponents should warrant that all of the prices, warranties, benefits and other terms being
provided hereunder are and will be equivalent to or better than the terms being offered by the Proponent to Comparable Customers.
(3) If during the term of the Agreement(s) resulting from this RFP, including any extension thereof, a Successful Proponent enters, or offers to enter into an Agreement with any other Comparable Customer providing such customer with more favourable terms,
a) the Proponent should promptly so notify the City in writing; b) the Proponent should extend the same terms to the City of Toronto and its ABCCs
effective as of the date such terms were first offered or provided to any other client or Comparable Customer (the “Change Date”) and the Agreement should be deemed to be amended accordingly;
c) in respect of any overpayment resulting from a delay in applying the rate changes after the “Change Date”, the Proponent should promptly refund the amount of such overpayment, or apply a credit in the amount of such overpayment against any Request for which payment has not yet been made; and
d) in respect to the failure of a Proponent to notify the City of any applicable offer that would otherwise have been acceptable to the City, the terms will be applied to the City's accounts on our request, with the "Change Date" being the effective date the offer was original made available to the Comparable Customer. All excess charges resulting from the delay in application to the City's accounts will be considered an overpayment defined in item c) and be subject to credit or refund the to the City's accounts.
(4) The Proponent should acknowledge that generally the cost to provide cellular, paging and data
services has been declining over time. The City and the Vendor(s) should meet at annually to review rates and plans with the intention to apply new plans and/or lower rates to the City's accounts based on the declines in the industry. Such changes will be formalized through a change order process.
(5) The City may choose to purchase New Equipment, either as new activations or as an Upgrade to
existing service in either month-to-month, 1, 2 or 3 year terms. Such selection should not restrict the applicability of proposed plans or pooling of available minutes or data. Proponents should detail all terms, conditions and additional discounts included under each level of term.
(6) The Proponents will agree that City may cancel any Term Commitment Agreement that under
no circumstances may a cancellation fee (if any) exceed the amount of any discount offered for the Term Commitment Agreement and that where no Term Commitment Agreement is in force, no termination charges may be applied.
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(7) Due the large variety and scale of the City's operations, it is expected that individual Divisions under the City's accounts will have a certain attrition rate, which may include the requirement to terminate services to lines covered under a TCA. Proponents should include allowance for cancellation without penalty on such lines, based on a churn rate of 0.5%/year of the agreement.
(8) Proponent(s) should include as a part of their Proposal, rate plans allowing for temporary
suspension of voice or data service lines at a reduced rate and without impact to, or extension of, any applicable TCA on the line.
(9) The Proponent should provide bulk discount rates for larger orders of Equipment, accessories,
server software, application software and client licenses. (10) During the Term, the Preferred Vendor of Record or any Vendor of Record may issue
promotional discounts applicable to retail consumer or business activations and Upgrades. The City, at its sole discretion may choose to participate in these promotions, where the terms and conditions do not contradict those of the Agreement.
(11) Payment for Equipment purchased or Services received are the responsibility of the City and/or
the ABCC that chooses to participate in the agreement resulting from this RFP. As such, billing must be provided at a company level, with full segregation of accounts and access between the City and any individual ABCC. All billing should detail all costs and charges on a per user level, including pooled minute and data discounts, with account management at an individual, group or Divisional level as required by the City of Toronto.
(12) Proponents, Vendors, their subcontractors and agents should not distribute any of their own
marketing materials via e-mail, facsimile or direct mailing to any City Division, ABCC, or any employee thereof, regarding the Services without the prior written consent of the City from the designated City staff of the Information and Technology Division’s Voice and Wireless Applications Unit.
(13) In acknowledgement of the City’s size, its historic and projected future use of the Services,
Proposals that include preferential pricing for “pooled” or sharing of unused minutes and data between individual users are preferred for all of the requested Service types. For greatest benefit, pooling Plans that are proposed should at minimum be able to accommodate the City's entire existing inventory of units with a particular current vendor on a per service type basis as of the time of this RFP.
(14) In acknowledgement of the industry direction of consolidation of services and solutions and
integration of existing workflows to mobile platforms, Proposals should provide for the broadest, most flexible implementation of such solutions and not restrict or inhibit specific uses under the Agreement(s).
3.2.2 Purchasing Request Process
(1) All Requests made under an Agreement resulting from this RFP will be placed by the Information and Technology Division’s Voice and Wireless Applications Unit for all City Divisions, including City Council. Any ABCCs who choose to participate in this Agreement may submit requests to be processed pursuant to their own procedures, as communicated to the Vendor in writing prior to the placing of a Request.
a) All orders should be received on an approved Request form as agreed to by the City and
the Vendor and should be substantively in the form of the template in Appendix F-8 and as updated as necessary through the life of the Agreement.
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b) All Equipment provided by the Vendor(s) should be delivered FOB destination as specified. Invoices for the Equipment should include all delivery charges for the standard shipping as set out in the Agreement. The Vendor shall remain responsible for the Equipment until it has been accepted either at the time of delivery or at the time of pick-up as set out in subarticle (c), below.
c) Vendor(s) should also permit, at the City’s sole discretion, pick up of Equipment at the nearest depot operated by the Vendor.
d) In the event that any Equipment purchased or rented by the City needs to be exchanged, for whatever reason, the Vendor(s) should ensure that the user has the same telephone number on any New Equipment provided by that Vendor. The cost of this Service should be included in the cellular airtime rates quoted.
e) The proposed rates and charges should account for any standard shipping costs required for return of any purchased or rented Equipment to the Vendor(s). The Vendor shall be responsible for any shipping costs associated with Warranty repair, or return due to Vendor error.
f) Vendors should provide individual confirmation of each order as shipped and processed in an electronic format similar to sample attached as Appendix F-9 Additionally, a weekly report of all processed orders with similar to the individual order confirmations should be provided in flat file or other machine readable electronic format similar to sample attached as Appendix F-10, suitable for automated import into the City's inventory system.
g) It is the intention of the City to incorporate an all electronic order process in the future, allowing for direct submission of Requests from the City to a Vendor of Record. This would require Vendors to address the need for acceptance and processing of Requests from the City via automated routine, direct API programming or other means to be defined during the life of the Agreement.
(2) Substitutions of Equipment
a) The Proponent(s) should provide a list of Equipment, including all available peripheral Equipment (e.g.: cables, car chargers, hands free kits, cases, and so on) for each model of Equipment proposed and as updated over the life of the Agreement, categorized by brand and model.
b) The Equipment list should include the current Market Price and Discount to Market Price for all items before any applicable Term Commitment Agreement or one-time promotional discount is applied.
c) The Equipment list will be kept up to date to reflect alterations in models, base pricing and new offerings. The updates shall be provided on a minimum monthly basis, or as required to address the addition and discontinuation of specific equipment models.
d) Updates to the Equipment list to be provided will be complete and will include all available Equipment as of the time of the update, with all changes clearly highlighted, including prior cost and obsolete Equipment models for reference.
e) All updates should be provided to the City in writing for review and acceptance, prior to any pricing change coming into force.
f) All Equipment lists will be provided in an electronic format suitable for import and use in a computer based order management system. The preferred format would be as a flat, comma separated value text file listing vendor part number, description, full cost and discounted cost affected by term selected or with and without activation or upgrade order.
g) Proponents should provide a supply of working demonstration devices to create an internal storefront display for use by Divisions to assist in selection for orders. These devices would be of any models the City deems suitable for purchase under the contract and would be required to be refreshed from time to as new models are introduced to the market.
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3.2.3 Account Management
(1) It is highly desirable that the City enter into a Service Level Agreement (SLA) with all Successful Proponents that defines roles and responsibilities for the management of accounts and Services resulting from an Agreement. This SLA will address both the Services to be provided by the Vendor. (A sample report is attached as Appendix F-6.
The SLA should address:
a) Account Support Contacts
i. Name ii. Position/Title
iii. E-mail Address iv. Phone number v. Fax number
vi. Hours of availability vii. Backup and after hours contact
b) Account activations (new, Upgrade, add to account) c) Service change requests (rate Plan/feature changes, user/account detailed information
changes) d) Account suspensions/cancellations (applicable fees, time/duration limitations) e) Delivery of equipment and Hardware f) Requirements for an SLA Management Report g) Response to change order Requests h) Accurate delivery of monthly billing data i) Fraud / theft reporting and investigation j) Basic enquiries and technical troubleshooting k) Reporting of reception problems l) Requests for service improvements m) Individual or group training requests n) Maintenance and Warranty repair o) Minimum response and turnaround times under typical conditions p) Issue tracking and resolution policies and procedures q) Escalation procedures for complaints (including specific individuals in a hierarchical
structure) (2) The SLA Management Report should be delivered upon presentation of the billing data and
invoices for payment. (3) The payment of all invoices will be conditional on the delivery and acceptance of the SLA
Management Report and the electronic billing data by the City. (4) The SLA should also document how the applicable terms and conditions of the Agreement will
be applied regarding the following:
a) Cancellation of Services not under a Term Commitment Agreement. b) Cancellation of Services under a Term Commitment Agreement c) Suspension or cancellation of Services due to theft of Equipment and potential fraud,
including limitation of City liability for charges d) Temporary suspension of Services for administrative or seasonal operations needs e) Service change Requests (rate Plan/feature changes, user/account detailed information
changes)
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f) Minimum duration and charges for short term activation of Services on existing or not Term Agreement purchased Equipment
g) Service changes affecting rates and charges should be effective as of the date of the notification and that billing should be pro-rated for the amount of time during the billing period that the Service was being used. Escalation of issues and requests
3.2.4 Warranty, Service and Repair
(1) The Proponent(s) should provide a Warranty package containing complete information related to the Equipment and the extent or limitations of Warranty coverage. All Equipment must include a one-year Warranty, at minimum, covering parts and labour for manufacturer defect.
(2) The Warranty should provide for complete replacement of Equipment that has been delivered
and accepted by the City but has proven defective or has suffered failure within 30 days. Only New Equipment should be used to replace Equipment that has failed and qualifies for replacement under this Warranty.
(3) Under this Warranty, Vendors must ship a new or reconditioned device of the same or newer
model of equivalent or better functionality. The replacement device will assume the remainder of the Extended Warranty period, or not less than ninety (90) days from activation of the device on the City's accounts.
(4) Vendor(s) should, upon request, provide a ‘courtesy’ device of the same type and functionality
and cellular telephone number used on any Equipment sent in for Warranty or non-Warranty repair, where repairs cannot be completed within two (2) Business Days for both rented and purchased Equipment. Vendor may choose to provide a stock of Equipment to be managed directly by the City for loaners and refreshed by the Vendor from time to time as necessary.
(5) The Proponent(s) should also agree to the replacement of Equipment that has been subject to
three (3) repeated failures. This policy should provide for the replacement of any single piece of Equipment due to a repeated failure, regardless if the 3rd failure has occurred outside of the original Warranty period.
(6) The Proponent(s) should also provide a list with contact information and location for all
approved service outlets for Warranty and non-Warranty support, repair and maintenance of Equipment supplied under the Agreement(s). The Proponent(s) should include information on the corporate relationship the service depots have with the Proponent. This list should be kept up to date periodically to reflect any changes.
(7) The City may wish to obtain Equipment included on or proposed for addition to the Equipment
List for the purpose of testing and evaluating throughout the term of any Agreement. The City may request evaluation units for any Equipment. Up to five (5) units may be requested, with active wireless services plans appropriate to the device, for a period of up to four (4) weeks and at no cost to the City.
3.2.5 Activation, Training and Service
(1) Vendor(s) should provide activation, installation (where applicable) and after-sales support within the City of Toronto or GTA. Activation should occur within a maximum of five (5) Business Days from the date a Request is issued. Proponents should indicate if any of these Services are sub-contracted Services. The cost of installation should be the same for all locations and should be included in the purchase cost or rental rate quoted on the Price Detail Forms.
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(2) Vendor(s) should provide training covering the use of the Services and on the features and Equipment supplied for single or groups of users at the request of the City and at a time and place of the City’s choosing.
(3) Vendor(s) should actively coordinate and communicate with the City to ensure satisfactory
activation and installation for all Requests. A proposed schedule of regular, recurring meetings, should be included as part of the implementation of the SLA.
(4) The selection of any term commitments and the length of such will be made at the sole
discretion of the City at the time of Request or Upgrade of Equipment and Services. The selection of a term commitment should have no relationship or impact on the selection or availability of rate plans applicable to the line.
(5) Any equipment purchased under a term commitment agreement will be eligible for upgrade at
then current discounted pricing as of 6 months or earlier from the end date of the term commitment agreement. Any such Upgrade order will be subject to the same terms and conditions of an equivalent net new order, including the optional selection of a new term commitment applied to the upgrade order.
(6) Any equipment purchased under a term commitment agreement that is not within the 6 months
or earlier upgrade period detailed in section 3.2.5 (5) may be made eligible for Upgrade based on a pro-rated fee calculated based on the term commitment remaining and not to exceed the non-discounted price of the original equipment.
(7) Proponents should provide a single price for purchase of Equipment or hardware. Any
adjustments to the invoiced price, including the impacts from Term Commitment Agreements, promotional discounts, upgrade charges, administrative charges or credits and any other one-time fees resulting from the request should be included in the price.
(8) On a quarterly basis the City will send in electronic format, a list of bulk changes that may need
to be made to City accounts (this could include user name change, rate Plan change, voicemail resets etc). The Vendor should implement these changes by the next billing cycle, but no longer than thirty (30) days from the date the request is submitted.
(9) All equipment shipped to the City in response to new/upgrade Service Requests will have voice
and data services restricted or disabled prior to shipping. Only minimal services required to allow the receiver to validate receipt of equipment and authenticate authorization to activate services should be active. The City will not be liable for any charges that are incurred due to data transmission not having been disabled. Note: Smart phones enabled with only Voice Plans are to be treated the same as a Cellular Phone for the purposes of data transmission capabilities.
(10) Vendor(s) must provide all equipment as required to activate, maintain or support services as
required by the technology utilized in any equipment purchased or activated under the services. This includes subscriber information module cards (simcards) in the size or formats required.
3.2.6 Roaming Agreements and Partner Carriers
(1) The Proponent(s) should provide nation-wide roaming within their own network and through partner Carriers, both domestically and internationally.
3.2.7 Future Technologies
(1) The City of Toronto recognizes that there has been and is expected to be significant enhancements, new technologies and/or solutions that may impact the Services provided under
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an Agreement. The Proponent(s) should include provisions for enabling such future technologies and solutions for the City’s use with changes documented under the documented Change Management process.
3.3 Cellular Services
3.3.1 Cellular Voice Services
(1) Voice Services Requirements include:
a) Digital cellular service based on industry standards such as HSPA and/or LTE b) Individually assigned 250 minutes per user, before any applicable pooling or adjustments
for free or reduced rate periods or call types. c) Should have the following basic features:
i. voicemail, ii. caller ID,
iii. call forwarding, iv. 3-way conference calling, v. text messaging (sms),
vi. per second billing, vii. detailed call records, and
viii. no-charge calling between subscribers on City accounts d) Voicemail should provide for a minimum 10 separate messages of up to 2 minutes in
length e) Single price for airtime, which includes all features and fees to meet the basic service
requirements, independent from the cost or term of hardware acquisition f) Billing should be based on actual use, calculated per second from the point of successful
connection of a call g) Rate Plans should be provide for various levels of use, based on volume of use categories
defined by this RFP h) Ability to change rate Plans mid-billing cycle as needed by the City, with all associated
costs effective as of the date of the request i) Ability of sharing unused voice minutes between units on single account and/or across
multiple accounts j) Ability to selectively enable/disable additional features or rate options on an as needed
basis during the billing period. Charges to be prorated to the days the feature was added to the Plan.
k) Dependant on Proponent network capabilities, ability to add Push to Talk (PTT) voice service, capable of radio like single user to user and single user to multiple users, as an optional feature.
l) For those Proponents cable of providing such services, the ability to limit active voice services to only the use of PTT Services on an individual unit/line basis.
m) Ability to add on data services to capable devices based on the rates and Plans identified for the equivalent Data Services in the relevant portion of the Proponent’s response.
n) Should have a single price for airtime, separate from the cost of Equipment acquisition, and inclusive of the cost of any additional software or Services required to meet the mandatory requirements.
(2) The Proponent(s)should supply Equipment for the following categories for Cellular and
Equipment and Hardware that meets the requirements of the model specific features below:
a) Basic Cellular, minimal cost handset
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b) Field Use, basic cellular with ruggedization or other features suitable to rough environment and or shared use
c) Smartphone, advanced features phone models
(3) All Equipment supplied during the term of Agreement as a net new, Upgrade or replacement must
be ‘New’, and should be delivered with original packaging unless agreed to by the City at the time of Request. All Equipment delivered in response to a Request should include:
a) Operation manual b) A/C plug charger c) Battery rated to operate for minimum of 2 hours talk time and 3 days standby time d) Pouch or fitted case with belt clip e) Hands-free headset f) Automotive Charger g) Items d, e and f may be 3rd party/oem items as approved by the City at the time of the
Request and acceptable for use under the handset manufacturer's warranty. (4) Model Specific features:
Type 1: Basic Type 2: Field Use Type 3: Smartphone
300+ Entry Phone Book All requirements of Type 1 All requirements of Type 1 & 2
Speed dial Increased durability handset for outdoor or rough handling use.
Touch screen capable, full screen or in combination with physical keyboard. Minimum screen size of 3 inches measured diagonally
Searchable/sort-able for fast retrieval of contacts
ruggedization features such as water resistance and improved shock resistance with certification to applicable MIL standards
Minimum included memory of 16GB, without need for additional removable memory.
Selectable Ring Tones Availability of Extended battery providing minimum of 4 hours talk time and 5 days standby time
Capable of voice calling directly from the device, without requirements for additional equipment such as headsets or speaker phones.
Vibrate alert Availability of mounted in-car hands-free installation
Handset operating systems compatible with iOS, Android, BlackBerry 7.x
Low battery indicator Future compatibility dependant on City infrastructure capabilities: BlackBerry 10, Windows Phone 8
Call Forwarding Capable of installation and operation of applications providing additional functionality or services on the phone.
Caller ID Display
3 way Calling
Last Number Redial
Automatic Redial
Missed Call indicator
Predictive text-input
Security Lockout of handset on
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command and/or power on
Capable of accepting a standard headset connector (non-proprietary connector for ear-piece set)
Voice Activated Dialling
Text (SMS) and multimedia message (MMS) capability
For those models including camera functionality, removable memory in microSD (Transflash) format.
(5) Throughout the term of an Agreement as new Equipment becomes available, or replacement
models are available, the City may request these products from the Vendor, which will offer the replacement model(s) at the same discount rate off of the lowest available retail price.
3.3.2 Large Scale Rental of Cellular Equipment
(1) It is highly desirable that Vendors(s) have the capability to provide Equipment rental on a short-term (monthly) basis of up to 500 units for any Equipment and Services being offered to the City.
(2) The commencement date for any rented Equipment will be the date of activation or the date of
conversion from one to another rental Plan, whichever is later. Regardless of the commencement date, rental charges should be invoiced on a monthly basis, covering the time period from the first day to the last day of the month. Charges for any time period of less than a month should be pro-rated on the basis of the number of days the Equipment is activated.
(3) Any rental Equipment provided under the Agreement should remain the sole and exclusive
property of the Vendor. It is understood and agreed by Proponents that all right, title and interest in any Equipment purchased by the City of Toronto will be transferred to the City, free and unencumbered, upon the date of acceptance of the Equipment.
(4) All Equipment provided under the Agreement should include a full bundle of the basic
Equipment and any applicable accessories required for operation of the Equipment such as battery and charger.
(5) The Proponent(s)should provide complete Service, repair and maintenance for rental Equipment
during the term of the rental, including and any extension or renewal thereof, at no additional cost, except in the case of damage to Equipment caused by the City beyond expected levels of wear due to use.
3.4 Paging Services (1) Services Requirements
a) One way numeric messaging Services, accessible through standard touch tone telephone Services or Telephony Application Programming Interface (TAPI) gateway for automated message delivery from computerized systems
b) Option of one-way alphanumeric messaging services
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c) Option of two-way numeric/alphanumeric messaging services d) Option to add secondary direct dial numbers for applicable features/services e) Option of accessing services through shared and/or individual operator assisted message
input via telephone. f) Option of customized operator assisted message greeting as “City of Toronto” or
individual username based on shared or individual operator services g) Option to add individually assigned email address to allow messages from Internet based
mail systems to pagers h) Option of equipment rental or outright purchase of equipment i) Flat rate per month billing for unlimited use of basic airtime Services, insurance fees,
equipment rental costs j) Toronto local dialing access number (416/647/437 area code) k) Preference for all orders is 416 area code l) Service coverage for local (with in the 416/647/437 and 905/289/365 area codes),
regional (Southern Ontario) m) Option for expanded coverage to Provincial and Canada wide service n) Ability to use a single access number for sending the same message to multiple units at
the same time o) Ability to store messages when out of network coverage and later automatically transmit,
when the device returns to an area of network coverage (2) The Proponent(s)should supply Equipment for Paging Services meeting the following minimum
requirements:
a) Storage of minimum 10 messages (numeric or alphanumeric) b) Per-message deletion protection (message lock/save) c) Date and time display d) Multiple distinctive audible alerts e) Vibrate alert f) Low battery indicator g) Use of standard AAA or AA type batteries
3.5 Cellular Data Services (1) Data Services Requirements
a) Digital cellular based data Services allowing for direct Internet Protocol (IP) based connection to corporate networks and public Internet;
b) Billing should be based on actual data sent and received, calculated per Megabyte or lower increment;
c) Billing based on tiers of included data, including pooling of data and flat rate for unlimited wireless email Services;
d) Option to have the ability to change rate Plans mid-billing cycle as needed by the City, with all associated costs effective as of the date of the request;
e) Should have dedicated rate Plans for data and wireless messaging use only, independent of voice or paging rate Plans;
f) Option to have the ability of sharing unused data capacity between units on single or multiple accounts;
g) Option to add cellular voice Services to capable devices based on the rates and Plans identified for those Services in the relevant portion of the Proponent’s response;
h) Ability to run any applications or services as required by the City without content filtering, performance throttling or other restrictions on the type or volume of services;
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i) All plans should allow use of data services by client devices connected via cable, Wi-Fi and/or BlueTooth as supported by the connected equipment, without additional restriction or costs.
(2) All new activation and Upgrade data devices should include:
a) Operation manual b) Pouch or case for storage of equipment when not in use c) Device drivers for current Microsoft Windows (XP, 7 and 8/8.1), and Mac OS based
computer operating systems d) Sustainable typical transmission speed of 6mpbs or higher for data applications
(dependant on coverage and underlying network infrastructure). (3) Model Specific features:
Type 1: Basic Type 2: Wi-Fi hotspot Type 3: Tablet
USB based "stick" modem All requirements of Type 1 Full touch screen of minimum 7 inch measured diagonally
Drivers required for full operation of the modem device under Windows XP, 7, 8/8.1 and current Mac OS operating systems.
Supporting driver-less Wi-Fi enabled device connection to a minimum of 5 devices.
Minimum 16GB of internal memory
Device manager software capable of controlling network connectivity on demand and automatically re-establish on loss of connection due to network availability.
Supporting current Wi-Fi connection security protocols, with minimum capability of supporting WPA2 protocols.
Tablet operating systems compatible with current iOS, and Android mobile devices
Device manager software must also be capable of monitoring and reporting device status, wireless network connectivity status, reception quality and configuration details of the modem device.
Device Connection monitoring manager software capable of monitoring and reporting device status, wireless network connectivity status, reception quality and configuration details of the modem device.
Future compatibility dependant on City infrastructure capabilities: BlackBerry 10, Windows Phone 8
Powered by internal battery providing minimum of 4 hours active use and 1 day standby time, independent of connected client devices
Capable of installation and operation of applications providing additional functionality or services on the phone.
Visual Low battery indicator Optionally support removable additional memory based on industry standard microSD (Transflash).
Supply of additional data equipment models may be required over the life of the agreement to support application or solution specific requirements. The vendor will maintain, as part of the regular equipment list updates, pricing and availability details for all special order and/or industrial class modems certified for use on the Proponent's cellular data network. Prices included on the equipment are to be applicable for orders of between 1-5 units. Any requests for supply of more than 5 units will be subject to a requirement review and volume based quotation. (4) Mobile Device Management Solutions:
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a. Configuration management tools allowing remote administration and management of devices, including device provisioning, security and remote monitoring;
b. Compatibility with Microsoft Exchange Email Messaging platform and ActiveSync version 12.1 or greater;
c. Provisioning of users based on Microsoft Active Directory credentials and group memberships;
d. Support push type delivery of all messaging and status updates; e. Support live synchronization of Personal Information Management (PIM) data including:
Calendar, Address Book, Tasks, Notes; f. Ability to access, securely store and view common office file types such as Word, Excel,
PowerPoint, PDF and graphics formats on the device that might be included as email attachments;
g. Ability to store messages when out of network coverage and later automatically transmit, when the device returns to an area of network coverage
h. Capability to store email and attachments on the device for review without dependency on network coverage to access messages already delivered to the device
i. The costs for maintenance and service agreement renewal and for any necessary server and client licensing should be included in the Equipment list and updated from time to time as required to changing Market Rates and or volume discounts applicable to the City’s operations.
4.0 PROPOSAL EVALUATION AND SELECTION PROCESS
4.1 Selection Committee (1) All Proposals will be evaluated through a comprehensive review and analysis by a Selection
Committee, which will include members Information & Technology Division and other relevant City staff and stakeholders.
(2) The Selection Committee may at its sole discretion retain additional committee members or advisors.
(3) The aim of the Selection Committee will be to select one or more Proposals which in its opinion meet(s) the City's requirements under this RFP and provide(s) the best overall value to the City, but the Proposal(s) selected, if any, will not necessarily be the one(s) offering the lowest fees or cost (pricing). Pricing is one of the components in determining the total score or ranking.
(4) 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: Evaluation of Mandatory Requirements
Proposals will be reviewed to assess compliance with the mandatory requirements. Proposals failing to comply with these requirements will be rejected. Proponents must
:
(1) Submit their Proposal in accordance with article 5.2 including the mandatory forms (Appendix C – Standard Submission Forms);
(2) Submit their Proposal Documentation in the proper format, and by the Closing Deadline as per
article 5.2.
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(3) Provide acknowledgement that they have read, understood and comply with the requirements of the RFP including Appendix A – RFP Terms and Conditions and Appendix B – Agreement Terms and Conditions, in accordance with article 5.3.1 (1);
(4) Provide acknowledgement that they are licensed by Industry Canada as a cellular and/or pager
services Carrier, in accordance with article 5.3.1 (2); (5) Supply New Equipment, as per article 3.3.1 (3); (6) Provide a minimum 1 year Warranty on Equipment, as per article 3.2.4(1); and (7) Fully complete Table A and Table B of Appendix D – Price Forms, for each Service the
Proponent is providing a Proposal for. (Cellular Services, Paging Services and Data Services) in accordance with 5.3.7 Subsection 7 – A – Core Pricing.
4.2.2 Stage 2: Detailed Evaluation
(1) The City will commence the Stage 2 evaluation process for all Proponents that achieve a score of “PASS” for all elements of Stage 1 – Evaluation: Mandatory Requirements.
(2) To select a Preferred Vendor of Record a detailed evaluation shall be based on multiple criteria,
including:
a) Relevant experience, qualification and success as outlined article 5.3.2 Subsection 2, article 5.3.3 Subsection 3, and article 5.3.4 Subsection 4;
b) Meeting the general requirements as outlined in article 5.3.5 Subsection 5 and Appendix F-2; and
c) Meeting the service specific requirements for each service bid as outlined in article 5.3.5 Subsection 5 and Appendix F-3 for Cellular Services, F-4 for Paging Services and F-5 for Packet-Data Services.
4.2.3 Stage 3: Cost
(1) Scores for the cost calculated as follows:
a) The lowest cost Proposal receives 25 points; and
b) The remaining Proposals are assigned points based on the following formula:
25 Cost oposalPr s'oponentPrCost Proposal Priced Lowest
×
(2) The City will determine the Proposal cost by multiplying its estimated City usage of each of the
rate Plans, options and Hardware by the prices provided on the price forms. (3) Evaluation of available Plans are categorized based on a minimum block amount, in minutes or
Megabyte (MB), indicated by the City on the Price Forms. Proponents must complete the Price Form with the details that provide for the volume or services indicated at the least cost under their proposed plans.
(4) The Preferred VOR would be the Proponent receiving the highest combined score (Detailed
Requirements and Cost) in each of the service categories.
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4.3 Selection Process (1) The Selection Committee will score the Proposals using the evaluation table in Appendix E. (2) If the submission fails any mandatory requirements, the Proposal will be rejected. 4.4 Schedule of Events (1) The timeline of key events is scheduled as follows:
EVENT DATE & TIME RFP issue date: July 9, 2014 Deadline for written questions: July 21, 2014 Release of final addendum (if any): July 24, 2014 Closing date: July 31, 2014 Evaluation expected to be completed: September 2014 Selection of Preferred Vendor of Record(s) and Vendor of Record(s) December 2014
(2) This schedule is subject to change by the City and appropriate notice in writing of any changes
will be provided where feasible.
4.5 Clarifications (1) 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.
(2) The Selection Committee may request this further information from one or more Proponents
and not from others. 4.6 Interviews or Demonstrations (1) A Proponent who has received a high ranking may be invited to an interview with the Selection
Committee, the results of which will be used by the Selection Committee as a mechanism to revisit, revise, confirm and finalize the score and select the recommended Proponent(s). The City reserves the right to interview up to a maximum of five (5) top ranked Proponents. The Selection Committee may interview any Proponent(s) without interviewing others, and the City will be under no obligation to advise those not receiving an invitation until completion of the evaluation and selection process.
(2) The representatives designated by the Selection Committee in its invitation to the Proponent
must attend any interview scheduled as part of this evaluation process unless the City agrees otherwise in writing and at its sole discretion.
(3) The representative of a Proponent at any interview scheduled is expected to be thoroughly versed and knowledgeable with respect to the requirements of this RFP and the contents of its Proposal, and must have the authority to make decisions and commitments with respect to matters discussed at the interview, which may be included in any resulting Agreement.
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(4) Where the staff team proposed by the Proponent is an important element in the selection criteria, the staff team proposed shall be present for the interviews.
(5) No Proponent will be entitled to be present during, or otherwise receive any information regarding, any interview with any other Proponent.
(6) Refusal of a Proponent to participate in an interview/demonstration requested by the City may, in the City's sole discretion, be considered a failure of the Proponent to comply with a Mandatory Requirement of the RFP and thus subject to disqualification.
4.7 Evaluation Results (1) 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. (2) 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.
(3) 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.
4.8 Negotiations and Agreement (1) 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.
(2) Any award of an Agreement resulting from this RFP will be in accordance with the bylaws,
policies and procedures of the City.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
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(7) If any Agreement cannot be negotiated within thirty (30) to ninety (90) business days of
notification to the recommended Proponent, the City may, at its sole discretion, terminate negotiations with that Proponent 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 (1) 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.
(2) 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.
(3) 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 Proposal cost is qualified, such Proponent risks disqualification by the City in the City's sole discretion.
5.2 Proposal Documentation and Delivery (1) The documentation for each Proposal:
(a) Must be submitted in a sealed envelope or container (submissions made by fax, telephone, electronic message or telegram will not be accepted) displaying a full and correct return address.
(b) Should be limited to preferably 20 pages, double sided, (for a total of 40 pages) minimum 11 point font, with unlimited appendices.
(c) Must consist of one (1) original (clearly marked as such on its first page) and preferably six (6) 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) Form 2 (Policy to Exclude Bids from External Parties involved in the Preparation or Development of a Specific Call/Request) completed as indicated (Mandatory)
(iv) Form 3 (Restrictions on the Hiring and use of Former City of Toronto Management Employees for City Contracts) completed as indicated, if applicable.
(v) Form 4 (Environmentally Responsible Procurement Statement) completed as indicated, if applicable.
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(vi) Appendix D (Price Detail Form) completed as indicated. (Mandatory)
Note: Forms 1 to 4 are provided in Appendix C.
(d) Should consist of one (1) original Form 6 (Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy) completed and submitted as indicated on the form, if applicable. Note: Form 6 is provided in Appendix C;
(e) must be completed in a non-erasable medium and signed in ink;
(f) must not include: (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.
(g) Must include electronic versions of their Proposal (as outlined in article 5.3) and the pricing (Appendix D), preferably as completed using the Proposal Submission Template (Appendix F1-F6) and the Price Detail Forms (Appendix D), as editable Microsoft Word 2003 and Excel 2003 files (unlocked and unprotected) and also with PDF files (locked and protected), preferably on six (6) identical USB storage keys, CD-Rs or similar media marked or labelled with the Proponent name, the Services being submitted (Cellular Services, Paging Services and Data Services), the RFP Number and Name and date of Proposal. The USB, CD-Rs or similar media are required, and should accompany the original printed version of the Proponent's response.
(h) 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: 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 (Form 1 of Appendix C). Table of Contents – Include page numbers and identify all included materials in the Proposal submission. 5.3.1 Subsection 1 – Executive Summary (1) Proponents should provide a summary that details how their recommended Services and
Equipment addresses the scope of work (article 3.0) and must provide acknowledgement that
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they have read, understood and comply with the requirements of the RFP including Appendix A – RFP Terms and Conditions and Appendix B – Agreement Terms and Conditions.
(2) Proponent must also acknowledge that they are licensed by Industry Canada as a Cellular and/or
Pager Services Carrier 5.3.2 Subsection 2 – Proponent Profile (1) To permit the Proponent to be evaluated fully as a viable and sound enterprise, include the
following information with respect to the Proponent, and if the submission is from a consortium, for each consortium member
. Please note that where Proposals are being submitted by consortiums, the information requested should be provided for each consortium member.
a) A profile and summary of corporate history including:
• date company started; • products and/or services offered related to cellular, paging and data services; • total number of employees; • major clients; and • business partners and the products/services they offer;
b) A profile and summary of corporate history of any parents or subsidiaries and c) affiliates and the nature of the Proponent’s relationship to them (i.e., research, financing
and so on).
d) Copy of the firm’s security and privacy policies and/or practices (e.g. virus detection, passwords, access to client billing and account details) as they pertain to the support and management of the City's accounts and records.
(2) If the Proposal is being presented by a consortium, provide a description of the relationships
between consortium members. Please note section 2 of Appendix A regarding consortiums and the requirement that there be a prime Proponent.
(3) Provide any additional information that provides insight into, and justifies confidence in the
organization, with respect to experience, expertise, and ability to provide Services. (4) A description of the accounting practices to be used in billing the City for services rendered,
indicating including any volume discounts or alternate pricing, and effective cost-containment strategies.
5.3.3 Subsection 3 – Experience and Qualifications of the Proponent (1) It is important that the Services be undertaken by a Proponent 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 demonstrate/provide the following in its Proposal:
(a) Experience of the Proponent with other similar size organizations
(b) Necessary skills, experience and expertise to deliver of the proposed Services, and, based on
these skills, experience and expertise, how they will ensure that the proposed Equipment and Services are appropriate for the use to be made of them as set out in this RFP.
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(c) Three (3) references for the purpose of evaluating the Proponent’s experience and track
record of success. Note that the City prefers references for services that are similar to the Services being proposed in response to this RFP. For example, services provided for the municipal/public sector, using the same or similar products proposed, services of similar size, scale and complexity. Each reference should include:
i. the identity of the reference client organization;
ii. a contact name and title, address, email and telephone number; iii. the size and nature of the client’s business; iv. the number of years dealing with the client; v. a description of the services; and
vi. details regarding the scale of the service provided. (2) Please note that Proposals being presented by consortiums that do not include the information
requested for each consortium member 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.
(3) Proponents must not use a City of Toronto as a Reference. 5.3.4 Subsection 4 – Proposed Staff Team and Resources (1) It is important that the Services be undertaken by a Proponent’s staff team who can demonstrate
specific knowledge of, and experience in performing similar work for projects of comparable nature, size and scope. In particular, the Proponent should provide the following in its Proposal:
a) A list of key staff that the Proponent would propose to use for this work together with
their professional qualifications, related project experience and an indication of their duties and responsibilities on this particular project.
b) Include strategies and individuals that can fulfill the roles and responsibilities for any
unforeseen events requiring replacement of team members. 5.3.5 Subsection 5 – Proposed Solution (1) Provide a statement confirming that the Proponent has the right to represent, sell, license,
deliver, install, train in the use of, service, maintain and support the products proposed, including any documentation to be provided in relation thereto,
(2) Provide a statement confirming that the Proponent has the right to provide to the City any
required ownership, license rights, pass-through warranties and other ancillary rights for all proposed goods and services and that the provision of such products and services will not infringe or otherwise violate the rights of any third party.
(3) Provide a statement confirming that there will be no construction or mechanic’s or other liens,
encumbrance, third party security interest or other rights outstanding in regard to the system or installation, and title to all hardware and any supplies provided therewith will pass to the City in accordance with the terms of the Agreement free and clear of all such liens, encumbrances and third party security interest or other rights.
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(4) For all Services Proponents should address the general requirements detailed in article 3.2. (Proponents may use appendix F-2 to format their responses. This form will be made available in Word Format by way of addenda.)
(5) For Cellular Services Proponents should address the requirements detailed in article 3.3.
(Proponents may use appendix F-3 to format their responses. This form will be made available in Word Format by way of addenda.)
(6) For Paging Services Proponents should address the requirements detailed in article 3.4.
(Proponents may use appendix F-4 to format their responses. This form will be made available in Word Format by way of addenda.)
(7) For Cellular Data and Wireless Messaging Services Proponents should address the requirements
detailed in article 3.5. (Proponents may use appendix F-5 to format their responses. This form will be made available in Word Format by way of addenda.)
5.3.6 Subsection 6 – Work plan and Deliverables (not applicable) 5.3.7 Subsection 7 – Cost of Services (1) 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 Lump Sum Price quoted.
(2) Prices submitted in a Proposal are to be firm for the duration of the RFP process and the term of
any resulting Agreement.
(3) All prices must be stated in Canadian currency. The Proponent shall assume all currency risk.
(4) The City shall not be responsible for any additional costs.
(5) 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.
(6) 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.
(7) All invoices must clearly show HST as a separate value and HST "registrant" number.
(8) 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).
(9) Financial incentives
The City is inviting Proponents to specify any one-time (up front) financial incentives that they would be prepared to offer the City over and above the proposed rate plans, to improve the City's total cost of ownership over the life of the Agreement.
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Proponents should specify the dollar amount that they would provide the City. Any amount of such financial incentive will be used in the calculation of pricing component of the Proposal evaluation. Any proposed financial incentive will be scored based on a calculated equivalent to individual active line, based on the current inventory at the time of the evaluation. It is expected that Proponents would provide any incentive in one of two ways: A single lump sum or proposed incentive based volume. Such as, current lines with the Proponent, net new activations and transfer of lines from competing Carriers over the term of the Contract. Scoring will be based on equivalent savings value at an individual subscriber line level, with total value based on application of the proposed rates against the current inventory. Any incentive needs to be applied to the same level and will be calculated to an equivalent proportional scale as the rest of the Cost of Services table (Appendix D). As example, assuming that current inventory is 14800 lines:
1. Proposal is a $20,000 lump sum incentive. $20,000/current inventory of 14800 = $1.35 equivalent savings per subscriber line.
2. Proposal is $5 per line currently with the Carrier, and all additional lines added over the first year of the agreement, with a minimum of 1500 lines transferred. 2000 current lines, 1500 additional = 3500 lines and equivalent $17,500 lump sum, for an incentive of $1.18 equivalent savings per subscriber line.
This equivalent savings per active line is entered in Appendix D, Cost of Services under Financial Incentive. City will enter the equivalent savings per active line in Appendix D, with the value for total active lines taken from the section 2.2 (2) for the purpose of any calculation.
A. Core Pricing (1) The Proponent must complete and submit the Price Detail Form located in Appendix D – Price
Forms for each of the Services a Proposal is being submitted for. (2) In order for your Proposal to be considered, Table A and B for each Service a Proposal is being
submitted for must be fully completed or your Proposal will be declared informal. (3) The Price Forms must be completed as per the instructions in Appendix D – Price Forms (4) The prices 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. The City shall not be responsible for any additional costs.
B. Taxes (1) 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. (2) 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.
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C. Optional and/or Additional Pricing (not applicable)
D. Payment Terms and Discount Schedule (1) Propose payment terms for Core Pricing. 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. (2) Propose any prompt payment discount terms.
(3) If all the correct billing information has been indicated on the invoice, and no acceptable
discount for early payment has been offered, the City will endeavour to pay within the vendor's terms from the receipt date of the invoice in Corporate Accounts Payable Unit - Metro Hall, 55 John Street, 14th floor.
(4) Payment terms should be clearly indicated on the invoice including early payment terms.
(5) The City will consider offers of early payment discount terms. Discounts will only be taken when early payment discount terms are met from the receipt date of the invoice in the Corporate Accounts Payable unit.
Note: Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Accounting Services Division, and Corporate Accounts Payable unit. (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.
(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
E. City of Toronto - Invoice/Billing Requirements (1) Selected Proponents shall invoice the City on a monthly basis for all Services performed during
the billing period. These charges shall be for the basic airtime charge for the subsequent month, and all additional airtime charges for the previous month, in an itemized fashion with appropriate supporting material, and the City shall pay any undisputed amount, subject to receipt of required reporting, due under each such invoice within sixty (60) days of its receipt. The Vendor shall also be entitled to invoice the City with respect to Hardware purchased directly from the distributor as part of the Services provided to the City under this Agreement.
(2) All invoices shall be directed as follows, unless otherwise directed by the City's authorized
representative:
City of Toronto – Accounts Payable 55 John Street, 14th Floor Toronto, Ontario M5V 3C6 Attention: Wireless Telecom Services
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Contact: Troy Boag Munro Fax No. 416-392-3827
(3) The City shall not be obliged to make payment of any individual invoice as long as in the
reasonable opinion of the City, any significant breach of the resulting service Agreement has not been rectified in a manner satisfactory to the City.
(4) Selected Proponents shall keep, in accordance with generally accepted accounting practice, such accounts, records, receipts, vouchers as will verify to the satisfaction of the City the Services performed, disbursements made and expenses incurred in accordance with the resulting service Agreement and for which invoices have been submitted.
(5) If requested by the City, selected Proponents will make available to the City such accounts, records, receipts, vouchers and documents as the City considers necessary for the purpose of substantiating any invoices submitted for payment.
(6) Payment of invoices shall be dependent on the receipt and acceptance of electronic data detailing all individual charges and call detail records for each unit or number provided under the Agreement. This information is to be provided in an electronic format suitable for import and use in a computerized database for analysis and reporting. The preferred format would be as a flat, comma separated value text file format similar to sample attached as Appendix F-7, with individual files noting vendor billing account level totals, individual cost and use details per line and call/data detail records.
(7) Reports should detail all chargeable activities, based on each voice call, message sent/received
and data session initiated on an individualized basis, with supporting detail listing date, time and duration or quantity used. Additional summary reports that roll up to individual units or individuals and to the account/invoice level should also be provided to support overall review and management of accounts.
F. Invoice Exceptions (1) The above standard billing requirement for invoices must be followed excluding exceptions for
vendor invoices related to approved capital projects subject to construction lien holdbacks. Billing requirement direction will be provided by the contract custodian or city divisional designate. For any further vendor invoicing information, please contact Corporate Accounts Payable at [email protected] or 416-397-5235.
5.3.8 Subsection 8 – Optional Services 5.3.8.1 In-Building reception enhancements (1) Proponents should provide details, recommendations and budgetary cost schedules for the
installation of Equipment to provide improved in-building reception for provided Services, where such Services are inaccessible or inadequate within the main City office locations.
(2) Specific locations include, but are not limited to:
a) MetroHall, 55 John Street b) City Hall, 100 Queen Street West
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c) 703 Don Mills Road d) 4330 Dufferin Street e) North York Civic Centre, 5100 Yonge Street f) Etobicoke Civic Centre, 399 The West Mall g) York Civic Centre, 2700 Eglinton Avenue West h) Scarborough Civic Centre, 150 Borough Drive i) East York Civic Centre, 850 Coxwell Avenue
(3) Proponents should provide pricing for upgraded service based on a per location total amount or
a per unit surcharge for existing subscribers held with the Proponent. The specified pricing will not be added to the Proponent’s cost tabulation in the evaluation process.
(4) The City may, at its sole discretion, choose to proceed with the installation of the proposed
enhancements, in whole or in part, on a location by location basis; the cost Proposal from the Proponent will apply as a budgetary estimate to any upgrade of this nature. Specific costs will be negotiated at the time of a request for in-building enhancements from a Successful Proponent over the term of the Agreement.
5.3.8.2 Contracted services - Technical Support Services (1) Proponents should provide details, recommendations, budgetary cost schedules and costing
models for the supply of various levels of contracted technical support services. (2) Services options to address:
a. Service Desk – single point of contact for end users seeking incident level support; b. Escalated user support – advanced level troubleshooting and issues resolution. Include
details on options for direct hands on support of users, in-person and/or depot location and/or on-site;
c. On-site and computer based end-user training on devices and solutions; d. Server solutions management support – technical resources to directly manage on-
premise solutions support, including mobile device management solutions and mobile email services. Options of in-person/on-site service and/or technical support in strategic planning and on-going management of solutions;
e. Project related technical resources to assist in the architectural design, services integration and life cycle planning of client systems.
(3) Engagement of contracted technical support services would be subject to a Professional Services Agreement, including Service Level Agreement based on requirements specific to the type and level of contracted support engaged. Any such agreement would be negotiated at time of engagement and would be in addition to the provisions of the over-all Wireless Telecommunications Services Installation agreement.
(4) Any services engaged would be provided in compliance with all privacy policies, data and physical security policies, regulations or directives as deemed applicable by the client organization contracting such services.
5.3.8.3 Advanced repair/warranty services (1) Proponents should provide details, recommendations and cost schedules for the optional
advanced replacement for any handsets or equipment purchased under the resulting agreements submitted to the vendor for warranty and/or non-warranty repair support.
(2) Optional coverage would be assigned and costed at an individual telephone line level. (3) Costs to be included as a feature cost in monthly billing or as a one-time cost at time of
equipment upgrade or purchase. (4) Services would address:
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a. Automatic replacement of equipment with new or high-quality reconditioned equipment of the same model or newer with equivalent features for the failed equipment;
b. To ensure security of any data remaining on the device or potentially tied to the specific serial number, PIN number or other unique identifier of the damaged equipment, all equipment submitted for replacement under this service is to be physically destroyed;
c. Extended time-line for new handset (non-reconditioned) replacement of any equipment purchased under the agreement that fails for any reason on delivery or shortly after delivery. Options should costing models for replacement option at 30, 60 and 90 days after delivery;
d. On-site storage at City offices of any equipment models deemed as standard, in quantities of no less than 2, to allow for immediate activation of new orders and/or replacement of failed equipment under the advanced warranty option.
5.3.8.4 Additional Equipment Insurance (1) Proponents should provide details and cost schedules for the optional purchase of additional
equipment insurance. (2) Optional coverage would be assigned and costed at an individual telephone line level. (3) Costs to be included as a feature cost in monthly billing or as a one-time cost at time of
equipment upgrade or purchase. (4) Coverage to include:
a. Extend coverage to two (2) years from original equipment purchase/upgrade; b. Coverage would address both extension of original manufacturer's warranty to two (2)
years and incidents of accidental damage resulting in significant reduction in usability or function of the equipment;
c. Coverage would include all original manufacturer's equipment included in the retail packaging at the time of the original order, including batteries, chargers and cables.
d. Any deductable proposed should not exceed 1/3 of the original purchase price before any term commitment agreement discounts applied at the time of original order.
e. Advanced replacement of equipment submitted for repair or replacement under this agreement, where replacement equipment is shipped to the client in advance of return of damaged equipment.
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APPENDICES
APPENDIX A RFP PROCESS TERMS AND CONDITIONS
1. Proponent’s Responsibility ............................................................................................... 37 2. Prime Proponent ............................................................................................................... 37 3. City Contacts and Questions ............................................................................................. 37 4. Addenda ............................................................................................................................ 38 5. Exceptions to Mandatory Requirements, Terms and Conditions...................................... 38 6. Omissions, Discrepancies and Interpretations .................................................................. 38 7. Incurred Costs ................................................................................................................... 38 8. Post-Submission Adjustments and Withdrawal of Proposals ........................................... 38 9. No Collusion ..................................................................................................................... 39 10. Prohibition Against Gratuities .......................................................................................... 39 11. Acceptance of Proposals ................................................................................................... 39 12. Verification ....................................................................................................................... 39 13. Unbalanced Bids ............................................................................................................... 39 14. Conflicts of Interest .......................................................................................................... 40 15. Ownership and Confidentiality of City-Provided Data ..................................................... 40 16. Ownership and Disclosure of Proposal Documentation ................................................... 40 17. Intellectual Property Rights .............................................................................................. 41 18. Failure or Default of Proponent ........................................................................................ 41 19. Quasi-Criminal/Criminal Activity of a Proponent ........................................................... 41 20. Publicity ............................................................................................................................ 41 21. Governing Law ................................................................................................................. 41
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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
Proposal; (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 www.toronto.ca/tenders/index.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 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:
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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.
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.
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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 pur-pose of securing an Agreement or seeking favourable treatment in respect to the award or amendment of the Agreement or influencing the performance of the Agreement, including without restriction enforcement of performance 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 anya) accept or reject any or all Proposal(s) at any time;
Proponent:
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.
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
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(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 performance of the Work. If such a conflict of interest does exist, the City may, at its discretion, refuse to consider the Proposal.
The Proponent must also disclose whether it is aware of any City employee, Council member or member of a City ABCC or employee thereof having a financial interest in the Proponent and the nature of that interest. If such an 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.
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 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 prospec-tive 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.
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.
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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;
b) Determines that this charge or conviction 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.
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
1. Compliance with Laws ..................................................................................................... 43 2. Non-Exclusivity ................................................................................................................ 43 3. Confidentiality and Conflict of Interest ............................................................................ 43 4. Indemnities........................................................................................................................ 43 5. Intellectual Property Indemnity ........................................................................................ 43 6. No Assignment ................................................................................................................. 43 7. SubContractors .................................................................................................................. 43 8. Personnel and Performance............................................................................................... 44 9. Independent Contractor ..................................................................................................... 44 10. Insurance ........................................................................................................................... 44 11. Warranties and Covenants ................................................................................................ 45 12. Third Party Software ......................................................................................................... 45 13. Ownership of Project Documentation ............................................................................... 45 14. Payment Schedule ............................................................................................................. 45 15. Termination Provisions ..................................................................................................... 46 16. Right to Audit ................................................................................................................... 46 17. Occupational Health and Safety ........................................................................................ 47 18. Workplace Safety and Insurance Act ................................................................................ 48 19. Accessibility Standards for Customer Service Training Requirements ............................ 48
Note to Appendix: The terms set out in this Appendix shall be incorporated in any Agreement entered into with the recommended Proponent substantially in the form as presented in the Appendix. 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.
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1. Compliance with Laws
The Vendor will be required to comply with all federal, provincial and municipal laws and regulations in performing any Services including, including City of Toronto By-laws and policies applicable to the City's Vendors, and shall provide to the City, upon request, periodic reports confirming such compliance.
2. Non-Exclusivity
The awarding of an Agreement to a Vendor shall not be a guarantee of exclusivity.
3. Confidentiality and Conflict of Interest
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 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. Indemnities
(1) The Vendor shall from time to time, and at all times hereafter, well and truly save, keep harmless and
fully indemnify City of Toronto and any of its Members of Council, Mayor, officers, employees, agents, representatives, invitees, members, volunteers, 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, its employees, agents or subcontractors 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.
(2) 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 rendering of the Services, the Vendor’s liability to the City shall not exceed an amount equal to the total amount payable hereunder by the City to the Vendor and in no event shall the Vendor be liable to the City for any indirect or consequential damages. The limitation of liability in this section does not apply to the indemnities required by Articles 4 (1) and 5 of this Appendix.
(3) The City shall under no circumstances be required to provide an indemnity of any kind.
5. Intellectual Property Indemnity
The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgements (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.
6. No Assignment
The Vendor shall not assign any part of the project that may be awarded to it under the Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. However, such written consent shall not under any circumstances relieve the Vendor of its liabilities and obligations under this RFP and the Agreement.
7. Subcontractors
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(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.
(2) The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or wilful misconduct of its subcontractors.
8. Personnel and Performance (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.
(2) The Vendor shall be responsible for its own staff resources and for the staff resources of any subcontractors and third-party service providers.
(3) The Vendor shall ensure that its personnel (including those of approved sub-contractors), when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software.
(4) Personnel assigned by the Vendor to perform or produce the Services or any part of it, (including those of approved subcontractors) may, in the sole discretion of the City, be required to sign non-disclosure Agreement(s) satisfactory to the City before being permitted to perform such services.
9. 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.
10. Insurance
(1) The Vendor shall purchase and maintain in force, at its own expense and for the duration of this Agreement, the following policies of insurance, which policies shall be in a form and with an insurer acceptable to the City. A certificate evidencing these policies signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of the Services:
(a) Professional Liability (errors and omissions coverage) provided that the policy is: (i) 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; (iii) 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.
(b) Comprehensive 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 of Toronto as additional insured; (iii) includes Non Owned Automobile Liability, Employer's Liability and/or
Contingent Employer's Liability, any 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 or material change.
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(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.
(3) The Vendor is responsible for any loss or damage whatsoever to any of the 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 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.
(4) The limitation of liability in sections 4 and 5 of this Appendix B do not apply to this section 10.
11. 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.
12. Third Party Software
(1) Where the City is in possession of software containing or constituting confidential proprietary infor-mation 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,
(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. (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, its officers, directors, partners, contract personnel, agents and employees or any of them to comply with the provisions hereof.
(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.
(4) The City will own all intellectual property rights, including (without limitation) copyright, in and to all deliverables provided by the Vendor and its subcontractors.
13. 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.
14. Payment Schedule
(1) A payment schedule satisfactory to the City shall form part of the Agreement.
(2) No fees or reimbursable expenses shall become payable to the Vendor pursuant to the Agreement other than pursuant to one or more signed schedules.
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(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 or expenses incurred by the Vendor and the Vendor shall provide, without delay, such further proof or documentation.
(4) If the City does not approve of the Services 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 invoice or any part of it, as the case may be.
(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.
15. Termination Provisions (1) Upon giving the Vendor not less than thirty (30) days’ prior written notice, the City may, at any time
and without cause, cancel the Agreement, in whole or in part. In the event of such cancellation, the City shall 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 cancellation.
(2) 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 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.
(3) All rights and remedies of the City for any breach of the Vendor'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 City under the Agreement or otherwise at law.
(4) No delay or omission by the City 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.
(5) Upon termination, all originals and copies of data, plans, specifications, reports, estimates, summaries, photographs, and other documents 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.
16. Right to Audit
The City may audit all financial and related records associated with the terms of the Agreement including timesheets, reimbursable out of pocket expenses, materials, goods, and equipment claimed by the Vendor. The Vendor shall at all times during the term of the contract, and for a period of 7 years following completion of the Agreement, keep and maintain records of the Work 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 his own expense make such records available for inspection and audit by the City at all reasonable times.
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17. Occupational Health and Safety (1) 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").
(2) 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 Services, either instead of or jointly with the Vendor.
(3) 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.
(4) 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.
(5) The Vendor shall provide, at the request of the Deputy CIO or his designate, the following as proof of
the representations made in paragraph 4(i) and 4(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. (6) The Vendor shall immediately advise the Deputy CIO 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
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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.
(7) 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.
(8) 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 employed or engaged by the Vendor do work or perform a task that is the subject of this agreement.
18. Workplace Safety and Insurance Act The Vendor shall be in good standing with the Workplace Safety and Insurance Board (“WSIB”) throughout the term of this agreement. If requested by the Deputy CIO or his designate, the Vendor shall produce certificates issued by the WSIB to the effect that they have paid in full their assessment based on a true statement of the amount of payrolls. If the Vendor is considered by WSIB to be an independent operator without coverage, the Vendor shall provide a letter to that effect from the WSIB. 19. Accessibility Standards for Customer Service Training Requirements 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://www.toronto.ca/citybusiness/accessibilty_training.htm.
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APPENDIX C STANDARD SUBMISSION FORMS
FORM 1: Proposal Submission Form – Mandatory
FORM 2: Policy to Exclude Bids From External Parties Involved in the Preparation or
Development of a Specific Call/Request - Mandatory
FORM 3: Restrictions on the Hiring and Use of Former City of Toronto Management Employees for City Contracts – If Applicable
FORM 4: Environmentally Responsible Procurement – If Applicable
FORM 5: Notice of No Submission – If Applicable FORM 6: Declaration of Compliance with Anti-Harassment/Discrimination Legislation and
City Policy
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FORM 1
PROPOSAL SUBMISSION FORM REQUEST FOR PROPOSAL NO. 2104-14-3019 Wireless Telecommunications Service CLOSING: 12:00 NOON (local Toronto time) July 31, 2014 SUBMITTED BY: _________________________________________________________________________________________ (PROPONENT'S FULL LEGAL NAME) ADDRESS: _______________________________TELEPHONE NO. ___________________________ _______________________________FAX NO. ___________________________________ _______________________________EMAIL: ____________________________________ _______________________________ DATE: _____________________________________ SIGNATURE OF AUTHORIZED SIGNING OFFICER _______________________________________________________________________________________ PRINTED NAME OF SIGNING OFFICER THIS FORM MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL OR YOUR PROPOSALWILL BE DECLARED INFORMAL.
I/WE HEREBY SUBMIT MY/OUR PROPOSAL FOR THE PROVISION OF THE GOODS AND/OR SERVICES AS DESCRIBED WITHIN THE REQUEST FOR PROPOSAL DOCUMENT FOR THE ABOVE NAMED PROJECT. I/WE HAVE CAREFULLY EXAMINED THE DOCUMENTS AND HAVE A CLEAR AND COMPREHENSIVE KNOWLEDGE OF THE REQUIREMENTS AND HAVE SUBMITTED ALL RELEVANT DATA. I/WE AGREE, IF SELECTED TO PROVIDE THOSE GOODS AND/OR SERVICES TO THE CITY IN ACCORDANCE WITH THE TERMS, CONDITIONS AND SPECIFICATIONS CONTAINED IN THE REQUEST FOR PROPOSAL DOCUMENT AND OUR SUBMISSION. I/WE AGREE THAT THIS SUBMISSION IS BEING MADE WITHOUT ANY COLLUSION OR FRAUD.
ACKNOWLEDGE RECEIPT OF ADDENDA BY NUMBER AND ISSUE DATE: ADDENDUM NO. ________ DATED _________________________
ADDENDUM NO. ________ DATED _________________________
ADDENDUM NO. ________ DATED _________________________
ADDENDUM NO. ________ DATED _________________________
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FORM 2 POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST
To ensure Fair and Equal Treatment in its competitive procurements, the City of Toronto will undertake to:
disallow bidders/proponent from submitting a bid to any Tender, Quotation, or Proposal call in which the bidders/proponent has participated in the preparation of the call document; and
a bidder/proponent who fails to comply will result in disqualification of their response to the call/request.
Did you, the proponent, assist the City of Toronto in the preparation of this Request for Proposal call? Specify: Yes _______ No _________ For a copy of the City of Toronto Policy, visit the website at http://www.toronto.ca/citybusiness/pdf/bidsfromexternalparties.pdf
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FORM 3 RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT EMPLOYEES FOR CITY CONTRACTS
The purpose of this Policy to ensure that former City of Toronto management employees who took part in a separation program or received a retirement package, are prohibited from participating in contracts directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two years starting from an employee’s separation date.
Former employees covered by this policy are prohibited from participating in contracts directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two years starting from the employee’s separation date. This would include, but not be limited to, for example, the following roles:
• As an independent contractor/consultant; • As a contractor/consultant on City project Work for a company/firm (but, the firm may compete); or • As a contractor/consultant on City project Work for a company/firm that has been sub-contracted by
another company/firm.
Former City of Toronto management employees who took part in a separation program or received a retirement incentive are prohibited from participating in contracts directly or indirectly related to the City of Toronto and its special purpose bodies for a period of two years starting from an employee’s termination date.
Notes: (1) Adopted by Council at its meeting of February 4, 5, & 6, 1998, Report No. 2, Clause No. 2 of the Strategic Policies and Priorities Committee, and
(2) Revised by City Council at its meeting of November 26, 27, 28, 2002, Report No. 14, Clause No. 6, Administration Committee.
Respondents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last two years.
Specify: .
This policy will be considered in the evaluation of all submissions received by the City of Toronto.
For further information contact:
Manager, Corporate Purchasing, Policy & Quality Assurance 18th
Floor, West Tower, City Hall, (416) 392-0387 For a copy of the City of Toronto Policy, visit the website at http://www.toronto.ca/calldocuments/pdf/former_employees.pdf
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FORM 4 ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT The City of Toronto Environmentally Responsible Procurement Policy encourages bidders to also offer products/services that are environmentally preferred. Environmentally preferred products/services offered must be competitive in cost, conform to specifications, performance requirements and, be suitable for the intended application as determined by the using department(s) Environmentally preferred products/services are those such as durable products, reusable products, energy efficient products, low pollution products/services, products (including those used in services) containing maximum levels of post-consumer waste and/or recyclable content, and products which provide minimal impact to the environment. An environmentally preferred product is one that is less harmful to the environment than the next best alternative having characteristics including, but not limited to the following: 1. Reduce waste and make efficient use of resources: An Environmentally Preferred Product
would be a product that is more energy, fuel, or water efficient, or that uses less paper, ink, or other resources. For example, energy-efficient lighting, and photocopiers capable of double-sided photocopying.
2. Are reusable or contain reusable parts: These products such as rechargeable batteries,
reusable building partitions, and laser printers with refillable toner cartridges. 3. Are recyclable: A product will be considered to be an Environmentally Preferred Product if
local facilities exist capable of recycling the product at the end of its useful life. 4. Contain recycled materials: An Environmentally Preferred Product contains post-consumer
recycled content. An example is paper products made from recycled post-consumer fibre. 5. Produce fewer polluting by-products and/or safety hazards during manufacture, use or
disposal: An EPP product would be a non-hazardous product that replaces a hazardous product.
6. Have a long service-life and/or can be economically and effectively repaired to upgraded. Bidders shall if requested, provide written verification of any environmental claims made in their bid/Proposal satisfactory to the City of Toronto within five (5) working days of request at no cost to the City. Verification may include, but not be limited to, certification to recognized environmental program (e.g., Environmental Choice Program [ECP]), independent laboratory tests or manufacturer's certified tests, Only proven environmentally preferred products/services shall be offered. Experimental or prototype products/services will not be considered. For a copy of the City of Toronto Environmentally Responsible Procurement Policy, visit the website at http://www.toronto.ca/calldocuments/pdf/environment_procurement.pdf State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: __________________________________________________________________________ __________________________________________________________________________
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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.:
Fax: 416-392-8411
FORM 5 NOTICE OF “NO SUBMISSION”
RFP # : 2104-14-3019
CLOSING DATE: July 31, 2014
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Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy
Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate
internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity.
The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council. Declaration:
I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract. Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email _____________________________ Tel. No. ____________________________ Postal Code: Fax No. ____________________________ Name of Signing Officer or Name of Applicant (Name – please print): Position Signature: Date: Authorised Signing Officer or Individual Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca
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APPENDIX D SUPPLEMENTARY SUBMISSION FORMS
1. Appendix D-1 – Cellular Services Price Form 2. Appendix D-2 – Paging Services Price Form 3. Appendix D-3 – Data Services Price Form For instructions on completing this form, see section 5.3.7 Subsection 7.
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APPENDIX D -1 CELLULAR SERVICES PRICE FORM
PROPONENTS MUST FULLY COMPLETE TABLE A AND B AND SUBMIT THIS FORM WITH THEIR PROPOSALS OR THE PROPOSAL WILL BE DECLARED INFORMAL. Table A – Standard Airtime Prices Category Description Price Activation Activation Fee $ /activation Base Voice Charge (Including all the base features) Monthly Plan 250 voice minutes $ /month
Temporary Suspension $ /month
Additional use tiers
Monthly cost to add 250 minutes (total 500) $ /month Monthly cost to add 750 minutes (total 1000) $ /month Monthly cost to add 1750 minutes (total 2000) $ /month Additional use (exceed plan/pool) $ /second
Bulk additional services
Unlimited Push-to-talk $ /month Unlimited local calling evenings $ /month Unlimited local calling weekends $ /month Unlimited local calling $ /month Unlimited incoming calls $ /month Unlimited Domestic long distance calling $ /month
Additional per use features
SMS Text message sent $ /message MMS Text message sent $ /message MMS Text message received $ /message Mobile web browsing $ /kb
Long Distance Per minute Ontario $ /minute Per minute Canada $ /minute Per minute United States $ /minute
Roaming (provide general area included in each zone)
Per minute International Zone1: $ /minute Per minute International Zone2: $ /minute Per minute International Zone3: $ /minute Per minute International Zone4: $ /minute
*Financial Incentive Calculated equivalent to per active line. $ /active line
*Financial Incentive – refer to 5.3.7(9) Subsection 7 – Cost of Services. The proposed $ amount per active line will be used by the City to calculate Total Financial Incentive, based on all active lines set in section 2.2(2).
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Table B – Cellular Hardware City Discounts
Description Discount for Cellular Hardware over published retail pricing
New Activation $ or % Upgrade $ or % Competitive Activation $ or % Additional Discount for bare handset (no included accessories) $
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APPENDIX D -2 PAGING SERVICES PRICE FORM
PROPONENTS MUST FULLY COMPLETE TABLE A AND B AND SUBMIT THIS FORM WITH THEIR PROPOSALS OR THE PROPOSAL WILL BE DECLARED INFORMAL. Table A – Standard Airtime Prices Category Description Price
Base Voice Charge (Including all the base features)
Monthly Plan for unlimited local Numeric Paging $ /month
Discount if the Pager is owned and not rented - $ /month
Additional features
Rental Insurance $ /month Voicemail $ /month Additional numeric number $ /month Group number $ /month Alphanumeric service $ /month Internet email address $ /month Shared operator dispatch $ /month Individual operator dispatch $ /month Two way paging service $ /month Two way text messaging service $ /month
Extended service area Extended local coverage $ /month Provincial coverage (Ontario) $ /month Nation-wide coverage (Canada) $ /month
*Financial Incentive Calculated equivalent to per active line. $ /active line Table B – City Hardware Discounts (for purchase/replacement) Description Current Market Price Discount City Price Numeric Pager Alphanumeric Pager 2-Way Pager
*Financial Incentive – refer to 5.3.7(9) Subsection 7 – Cost of Services. The proposed $ amount per active line will be used by the City to calculate Total Financial Incentive, based on all active lines set in section 2.2(2).
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APPENDIX D-3 DATA SERVICES PRICE FORM
PROPONENTS MUST FULLY COMPLETE TABLE A AND B AND SUBMIT THIS FORM WITH THEIR PROPOSALS OR THE PROPOSAL WILL BE DECLARED INFORMAL. Table A – Standard Airtime Prices Activation Service Fee (if applicable) Price
Base Charge Monthly Plan for data service. Not included data, inclusive of any fees
$ /month
Additional data MB
Monthly cost to add 10 MB data $ /month Monthly cost to add 100 MB data $ /month Monthly cost to add 500 MB data $ /month Monthly cost to add 1 GB data $ /month Monthly cost to add 5 GB data $ /month Monthly cost to add 10 GB data $ /month Additional use (exceeding plan/pool) $ /MB Additional cost to add pooling of available data $ /month Monthly cost to add Unlimited data $ /month
Roaming rates for data Per KB (USA) $ /KB Per KB (International) $ /KB
Optional Features Static IP service $ /month Private network group service $ /month Virtual Private Network service $ /month
*Financial Incentive Calculated equivalent to per active line. $ /active line *Financial Incentive – refer to 5.3.7(9) Subsection 7 – Cost of Services. The proposed $ amount per active line will be used by the City to calculate Total Financial Incentive, based on all active lines set in section 2.2(2).
Table B – City Hardware Discounts
Description Discount for Cellular Hardware over published retail pricing
New Activation $ or % Upgrade $ or % Competitive Activation $ or % Additional Discount for bare handset (no included accessories) $
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APPENDIX E
PROPOSAL EVALUATION TABLE EVALUATION CRITERIA AVAILABLE
POINTS STAGE 1 – Mandatory Technical Requirements Pass/Fail
Stage 1: Compliance with Mandatory Submission Requirements
Pass/Fail
STAGE 2A – Detailed Evaluation as per article 5.3 – Proposal Content 75
Relevant experience, qualification and success as outlined in article 5.3 Sections 1,2,3 and 4
15
General Requirements as outlined in article 5.3 Section 5 and Appendix F2
25
Service Specific Requirements as outlined in article 5.3 Section 5 and Appendix F3 for Cellular Services, F4 for Paging Services and F5 for Packet-Data Services
35
STAGE 3 – Cost 25
Cost: [Formula: (lowest cost Proposal ÷ Proponent’s Proposal cost) x 25]
25
Total Score 100
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APPENDIX F FORMS AND REFERENCE MATERIAL
1. Appendix F-1 Proposal Submission Template
2. Appendix F-2 Response to General Requirements
3. Appendix F-3 Response to Cellular Services 4. Appendix F-4 Response to Paging Services 5. Appendix F-5 Response to Data and Wireless Messaging Services 6. Appendix F-6 Service Level Agreement Template 7. Appendix F-7 Sample Report Formats 8. Appendix F-8 Sample Request Form
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APPENDIX F-1 PROPOSAL SUBMISSION TEMPLATE
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 Proposal Submission Forms (Form 1 of Appendix C).
[INSERT LETTER OF INTRODUCTION] Table of Contents – Include page numbers and identify all included materials in the Proposal submission. [INSERT TABLE OF CONTENTS] SECTION 1 – Executive Summary [INSERT EXECUTIVE SUMMARY] [ENTER PROPONENT NAME] acknowledges that we have read, understood and comply with the requirements of the RFP including Appendix A – RFP Terms and Conditions and Appendix B – Agreement Terms and Conditions. [ENTER PROPONENT NAME] is licensed by Industry Canada as a Cellular and/or Pager Services Carrier. [ENTER PROPONENT NAME] will
1) supply New Equipment 2) provide a minimum 1 year Warranty on Equipment 3) not terminate Services without 30 days notice
SECTION 2 – Proponent Profile
(1) a)
Company Name and Address:
Date Company Started Products and Services Offered - Cellular Services
Products and Services Offered – Paging Services
Products and Services Offered – Packet Data Services
Total Number of employees Major Clients
Business Partners including Services they Offer (if applicable)
Name: Services offered: Name: Services offered:
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(1) b) & c) [INSERT SUMMARY OF CORPORATE HISTORY AND RELATIONSHIP TO ANY SUBSIDIARIES] (1) d) A copy of our firm’s security and privacy policies and/or practices is attached as Appendix [ENTER APPENDIX] to our response. (2) [ENTER DESCRIPTION OF YOUR RELATIONSHIPS WITH CONSORTIUM MEMBERS OR RESPOND “NOT APPLICABLE”] (3) [PROVIDE ANY ADDITIONAL INFORMATION HERE] SECTION 3 – Experience and Qualifications of the Proponent Cellular Services [ENTER YOUR RESPONSE TO “(1) a) and b)” OR RESPOND “NOT APPLICABLE”] Reference Number 1 Proponent Response Name of Client Organization Reference Contact name and title Address
Telephone number Email Size and nature of the client reference’s business
Number of years dealing with the client reference
Description of the services
Details regarding the scale of the service provided.
Reference Number 2 Proponent Response Name Contact name and title Address
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Telephone number Email Size and nature of the reference’s business
Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
Reference Number 3 Proponent Response Name Contact name and title Address
Telephone number Email Size and nature of the reference’s business
Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
Paging Services [ENTER YOUR RESPONSE TO “(1) a) and b)” OR RESPOND “NOT APPLICABLE”] Reference Number 1 Proponent Response Name Contact name and title Address
Telephone number Email Size and nature of the reference’s business
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Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
Reference Number 2 Proponent Response Name Contact name and title Address
Telephone number Email Size and nature of the reference’s business
Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
Reference Number 3 Proponent Response Name Contact name and title Address
Telephone number Email Size and nature of the reference’s business
Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
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Packet Data Services [ENTER YOUR RESPONSE TO “(1) a) and b)” OR RESPOND “NOT APPLICABLE”] Reference Number 1 Proponent Response Name Contact name and title Address
Telephone number Email Size and nature of the reference’s business
Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
Reference Number 2 Proponent Response Name Contact name and title Address
Telephone number Email Size and nature of the reference’s business
Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
Reference Number 3 Proponent Response Name Contact name and title Address
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Telephone number Email Size and nature of the reference’s business
Number of years dealing with the reference Description of the services
Details regarding the scale of the service provided.
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SECTION 4 – Proposed Staff and Team Resources (1) a) List of key staff that the Proponent would propose to use for this work together with their professional qualifications, related project experience and an indication of their duties and responsibilities on this particular project. Proponents should complete the table below for each key resource. Resource Proponent Response Name/Title Professional Qualifications
Related Project Experience
Duties and Responsibilities for the contract with the City
(1) b) Describe strategies and individuals that can fulfill the roles and responsibilities for any unforeseen events requiring replacement of team members. SECTION 5 – Proposed Solution (1) [ENTER PROPONENT NAME] confirms the right to represent, sell, license, deliver, install, train in the use of, service, maintain and support the products proposed, including any documentation to be provided in relation thereto, (2) [ENTER PROPONENT NAME] confirms the right to provide to the City any required ownership, license rights, pass-through warranties and other ancillary rights for all proposed goods and services and that the provision of such products and services will not infringe or otherwise violate the rights of any third party. (3) [ENTER PROPONENT NAME] confirms that there will be no construction or mechanic’s or other liens, encumbrance, third party security interest or other rights outstanding in regard to the system or installation, and title to all hardware and any supplies provided therewith will pass to the City in accordance with the terms of the Agreement free and clear of all such liens, encumbrances and third party security interest or other rights. Proponents should complete Appendix F-2 for all services, Appendix F-3 for Cellular Services, Appendix F-4 for Paging Services, Appendix F-5 for Cellular Data and Wireless Messaging Services and Appendix F-6 for each of the Services. Proponents must attach all forms and documentation described in Article 5.2 of the RFP. These should be attached as appendices to their Proposal.
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APPENDIX F-2 RESPONSE TO GENERAL REQUIREMENTS (Instructions for Completing Form F-2 through F-5) Proponents should use Appendix F-2 through F-5 when responding to Section 5 – Proposed Services and Equipment (4) through (7) of Article 5.3 The City developed a table to help Proponents provide desired responses to the City of Toronto. In the example below, the Proponent is expected to either enter a “Y” in the response column indicating that they meet and fully agree to comply with the requirement, or “N” that they do not meet, or do not agree to comply with the requirement. If a Proponent has indicated “Y” in the Response column, no explanation is required. The Proponent will receive full marks for this requirement. Proponents who mark “Y” in the Response column and need to qualify their response may do so in the Response Explanation, however depending on the nature of the qualification; full marks may not be awarded for this requirement. Proponents who indicate “N” in the response column will receive 0 marks for the requirement.
Reference Requirement Response (Y/N) Response Explanation
3.2.1 (1)
The Vendor should warrant that all of the prices, warranties, benefits and other terms being provided hereunder are and will be equivalent to or better than the terms being offered by the Proponent to other clients of comparable size, scale and level of use.
In the example below, the Proponent is expected to either enter a “Y” in the response column indicating that they meet and fully agree to comply with the requirement, or “N” that they do not meet, or do not agree to comply with the requirement. Proponents are also expected to provide an explanation of their response in the Response Explanation column. Where applicable, the City has included italicized text to help the Proponent understand what type of explanation the City is requesting. Proponents who do not provide an explanation, or address the information requested in italicized text or qualify their response may not be awarded marks for meeting the requirement. Proponents who provide an explanation and clearly demonstrate that they exceed the requirement and provide added value to the City (for example waiving a cancellation penalty for a certain % of cancellations in recognition of the City of Toronto’s size) may be awarded additional marks for exceeding the requirement. Proponents who indicate “N” in the response column will receive 0 marks for the requirement.
3.2.1 (4)
The City may cancel any term agreement and shall pay any cancellation fees (if applicable) Under no circumstances may any cancellation fee exceed the amount of any discount offered for the Term Commitment Agreement.
Proponents should identify cancellation policy for early cancellation of a Term Commitment Agreement. (if applicable)
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APPENDIX F-2 RESPONSE TO GENERAL REQUIREMENTS
Reference Requirement Response (Y/N) Response Explanation
3.2.1 Business Requirements
3.2.1 (1)
Proponent(s) must extend the pricing and terms of any Agreement with the City of Toronto, to any subsequent agreement established by the Proponent with any of the City's ABCCs. Such ABCCs would then have the option to purchase directly from the Vendor(s) using the City's pricing and terms, without requiring a separate RFP process. The Vendor(s) will notify the City of any such agreements with an ABCC.
3.2.1 (2)
Proponents should warrant that all of the prices, warranties, benefits and other terms being provided hereunder are and will be equivalent to or better than the terms being offered by the Proponent to other clients of comparable size, scale and level of use. The Proponent should agree to treat the City of Toronto and its ABCCs as it would its most favoured customer and provide its most competitive price Proposal.
3.2.1 (3) a)
If during the term of the Agreement(s) resulting from this RFP, including any extension thereof, a Successful Proponent enters, or offers to enter into an Agreement with any other Comparable Customer providing such customer with more favourable terms, the Proponent should promptly so notify the City in writing;
3.2.1 (3) b)
the Proponent should extend the same terms to the City of Toronto and its ABCCs effective as of the date such terms were first offered or provided to any other client or Comparable Customer (the “Change Date”) and the Agreement should be deemed to be amended accordingly;
3.2.1 (3) c)
in respect of any overpayment resulting from a delay in applying the rate changes after the “Change Date”, the Proponent should promptly refund the amount of such overpayment, or apply a credit in the amount of such overpayment against any Request for which payment has not yet been made.
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Reference Requirement Response (Y/N) Response Explanation
3.2.1 (3) d)
in respect to the failure of a Proponent to notify the City of any applicable offer that would otherwise have been acceptable to the City, the terms will be applied to the City's accounts on our request, with the "Change Date" being the effective date the offer was original made available to the Comparable Customer. All excess charges resulting from the delay in application to the City's accounts will be considered an overpayment as defined in item c) and be subject to credit or refund the to the City's accounts.
3.2.1 (4)
The Proponent should acknowledge that generally the cost to provide cellular, paging and data services have been declining over time. The City and the Vendor(s) should meet at annually to review rates and plans with the intention to apply new plans and/or lower rates to the City's accounts based on the declines in the industry. Such changes will be formalized through a change order process.
3.2.1 (5)
The City may choose to purchase New Equipment, either as new activations or as an Upgrade to existing Service in either month-to-month, 1, 2 or 3 year terms. Such selection should not restrict the applicability of proposed plans or pooling of available minutes or data. Proponents should detail all terms, conditions and additional discounts included under each level of term.
Proponents should detail all terms, conditions and additional discounts included under each level of term. Where there is a difference of price for the purchase of equipment under a “New” activation or as an Upgrade of existing Equipment, Proponents should detail any differences, including all administrative or one-time fees, on the Price Detail Forms in Appendix “D”.
3.2.1 (6)
The City may cancel any Term Commitment Agreement. Under no circumstances may a cancellation fee (if any) exceed the amount of any discount offered for the Term Commitment Agreement. Where no Term Commitment Agreement is in force, no termination charges may be applied.
Proponents should identify cancellation policy for early cancellation of a Term Commitment Agreement. (if applicable)
3.2.1 (7)
Due the large variety and scale of the City's operations, it is expected that individual Divisions under the City's accounts will have a certain attrition rate, which may include the requirement to terminate services to lines covered under a TCA. Proponents should include allowance for cancellation without penalty on such lines, based on a churn rate of 0.5%/year of the agreement.
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Reference Requirement Response (Y/N) Response Explanation
3.2.1 (8)
Proponent(s) should include as a part of their proposal, rate plans allowing for temporary suspension of voice or data service lines at a reduced rate and without impact to, or extension of, any applicable TCA on the line.
3.2.1 (9)
The Proponent should provide bulk discount rates for larger orders of Equipment, accessories, server software, application software and client licenses.
3.2.1 (10)
During the term of the Agreement, the Preferred Vendor of Record or any Vendor of Record may issue promotional discounts applicable to retail consumer or business activations and Upgrades. The City, at its sole discretion may choose to participate in these promotions, where the terms and conditions do not contradict those of the Agreement.
3.2.1 (11)
Payment for Equipment purchased or Services received are the responsibility of the City and/or the ABCC that chooses to participate in the agreement resulting from this RFP. As such, billing must be provided at a company level, with full segregation of accounts and access between the City and any individual ABCC. All billing should detail all costs and charges on a per user level, including pooled minute and data discounts, with account management at an individual, group or Divisional level as required by the City of Toronto.
3.2.1 (12)
Proponents, Vendors their subcontractors and agents should not distribute any of their own marketing materials via e-mail, facsimile or direct mailing to any City Division, ABCC, or any employee thereof, regarding the Services without the prior written consent of the City from the designated City staff of the Information and Technology Division’s Voice and Wireless Applications Unit.
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Reference Requirement Response (Y/N) Response Explanation
3.2.1 (13)
In acknowledgement of the City’s size, its historic and projected future use of the Services, Proposals that include preferential pricing for “pooled” or sharing of unused minutes and data between individual users are preferred for all of the requested Service types. For greatest benefit, pooling Plans that are proposed should at minimum be able to accommodate the City's entire existing inventory of units with a particular current vendor on a per service type basis as of the time of this RFP.
Proponents should provide details on any preferential pricing for “pooled” or sharing of unused minutes and data between users for all of the requested Service types that is included in the Proposal. Details should include any restrictions or limitations on the use of these rate plans including, but not limited to: a) Minimum / Maximum number of users b) Minimum / Maximum level of use c) Increased or additional fees for Services over comparable individual rate plans
3.2.1 (14)
In acknowledgement of the industry direction of consolidation of services and solutions and integration of existing workflows to mobile platforms, Proposals should provide for the broadest, most flexible implementation of such solutions and not restrict or inhibit specific uses under the Agreement(s).
3.2.2 Purchasing Request Process
3.2.2 (1) a)
All Requests made under an Agreement resulting from this RFP will be placed by the Information and Technology Division’s Voice and Wireless Applications Unit for all City Divisions, including City Council. Any ABCC that chooses to participate in this Agreement may submit requests to be processed pursuant to their own procedures, as communicated to the Vendor in writing prior to the placing of a Request. a) All orders should be received on an
approved Request form as agreed to by the City and the Vendor and should be substantively in the form of the template in Appendix F-8 and as updated as necessary through the life of the Agreement.
Proponents should provide cost at details on any fees for optional accelerated and/or insured shipping of Equipment purchased under the Services. Proponents should identify any additional fees or restocking charges due to returned Equipment orders or accessories. For clarity, explain how much any such fee would be, and when it would apply for any Equipment and/or Services provided.
3.2.2 (1) b)
All Equipment provided by the Vendor(s) should be delivered FOB destination as specified. Invoices for the Equipment should include all delivery charges for the standard shipping as set out in the Agreement. The Vendor shall remain responsible for the Equipment until it has been accepted either at the time of delivery or at the time of pick-up as set out in subarticle (c), below.
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Reference Requirement Response (Y/N) Response Explanation
3.2.2 (1) c)
Vendor(s) should also permit, at the City’s sole discretion, pick up of Equipment at the nearest depot operated by the Vendor.
3.2.2 (1) d)
In the event that any Equipment purchased or rented by the City needs to be exchanged, for whatever reason, the Vendor(s) should ensure that the user has the same telephone number on any New Equipment provided by that Vendor. The cost of this Service should be included in the cellular airtime rates quoted.
3.2.2 (1) e)
The proposed rates and charges should account for any standard shipping costs required for return of any purchased or rented Equipment to the Vendor(s). The Vendor shall be responsible for any shipping costs associated with Warranty repair, or return due to Vendor error.
3.2.2 (1) f)
Vendors should provide individual confirmation of each order as shipped and processed in an electronic format similar to sample attached as Appendix F-9 Additionally, a weekly report of all processed orders with similar to the individual order confirmations should be provided in flat file or other machine readable electronic format similar to sample attached as Appendix F-10, suitable for automated import into the City's inventory system.
3.2.2 (1) g)
It is the intention of the City to incorporate an all electronic order process in the future, allowing for direct submission of Requests from the City to a Vendor of Record. This would require Vendors to address the need for acceptance and processing of Requests from the City via automated routine, direct API programming or other means to be defined during the life of the Agreement.
3.2.2 (2) a)
Substitutions of Equipment: The Proponent(s) should provide a list of Equipment, including all available peripheral Equipment (e.g.: cables, car chargers, hands free kits, cases, etc…) for each model of Equipment proposed and as updated over the life of the Agreement, categorized by brand and model.
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Reference Requirement Response (Y/N) Response Explanation
3.2.2 (2) b)
The Equipment list should include the current Market Price and Discount to Market Price for all items before any applicable Term Commitment Agreement or one-time promotional discount is applied.
3.2.2 (2) c)
The Equipment list will be kept up to date to reflect alterations in models, base pricing and new offerings. The updates shall be provided on a minimum monthly basis, or as required to address the addition and discontinuation of specific equipment models
3.2.2 (2) d)
Updates to the Equipment list to be provided will be complete and will include all available Equipment as of the time of the update, with all changes clearly highlighted, including prior cost and obsolete Equipment models for reference.
3.2.2 (2) e)
All updates should be provided to the City in writing for review and acceptance, prior to any pricing change coming into force.
3.2.2 (2) f)
All Equipment lists will be provided in an electronic format suitable for import and use in a computer based order management system. The preferred format would be as a flat, comma separated value text file.
3.2.2 (2) g)
Proponents should provide a supply of working demonstration devices to create an internal storefront display for use by Divisions to assist in selection for orders. These devices would be of any models the City deems suitable for purchase under the contract and would be required to be refreshed from time to as new models are introduced to the market.
3.2.3 Account Management
3.2.3 (1)
It is highly desirable that the City enter into a Service Level Agreement (SLA) with all Successful Proponents that defines roles and responsibilities for the management of accounts and Services resulting from an Agreement. This SLA will address both the Services to be provided by the Vendor. (A sample report is attached as Appendix F-6)
Proponents should agree to the format and methodology of the SLA sample in Appendix F-6, or provide a sample of their Proposed SLA. Where the Proponent has identified a subcontractor, dealer or agent for the fulfillment of Equipment orders, a detailed process should be outlined for dealing with any issues or deficient Service. This process should include a framework for the transfer of the
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Reference Requirement Response (Y/N) Response Explanation
The SLA should address: a) Account Support Contacts
i. Name ii. Position/Title
iii. E-mail Address iv. Phone number v. Fax number
vi. Hours of availability vii. Backup and after hours
contact b) Account activations (new, Upgrade,
add to account) c) Service change requests (rate
Plan/feature changes, user/account detailed information changes)
d) Account suspensions/cancellations (applicable fees, time/duration limitations)
e) Delivery of equipment and Hardware
f) Requirements for an SLA Management Report
g) Response to change order Requests h) Accurate delivery of monthly billing
data ( See Article 5.3, Section 7) i) Fraud / theft reporting and
investigation j) Basic enquiries and technical
troubleshooting k) Reporting of reception problems l) Requests for service improvements m) Individual or group training
requests) n) Maintenance and Warranty repair o) Minimum response and turnaround
times under typical conditions p) Issue tracking and resolution policies
and procedures q) Escalation procedures for complaints
(including specific individuals in a hierarchical structure)
a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) p) q)
responsibilities to another dealer or agent of the Proponent if such is, at the sole discretion of the City, deemed necessary to ensure the quality of the Services delivered under this RFP.
3.2.3 (2) The SLA Management Report should be delivered upon presentation of the billing data and invoices for payment.
3.2.3 (3)
The payment of all invoices will be conditional on the delivery and acceptance of the SLA Management Report and the electronic billing data by the City.
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Reference Requirement Response (Y/N) Response Explanation
3.2.3 (4)
The SLA should also contain terms and conditions regarding the following. a) Cancellation of Services not under a
Term Commitment Agreement. b) Cancellation of Services under a
Term Commitment Agreement c) Suspension or cancellation of
Services due to theft of Equipment and potential fraud, including limit of City liability for charges
d) Temporary suspension of Services for administrative or seasonal operations needs
e) Service Change Requests (rate Plan/feature changes, user/account detailed information changes)
f) Minimum duration and charges for short term activation of Services on existing or not Term Agreement purchased Equipment
g) Service changes affecting rates and charges should be effective as of the date of the notification and that billing should be pro-rated for the amount of time during the billing period that the Service was being used.
a) b) c) d) e) f) g)
Proponents should provide written documentation as to the policies, procedures, restrictions, limitations and timeframe for completion for the following listed situations and any other similar issues and situations that the Proponent feels may impact their delivery of Services over the length of the Agreement. Where the Proponent has identified a subcontractor, dealer or agent for the fulfillment of equipment orders, the Proponent should identify the subcontractor or dealer and provide a Company Profile, including financial information, such as current company prospectus, relevant experience and references.
3.2.4 Warranty, Service and Repair
3.2.4 (1)
The Proponent(s) should provide a Warranty package containing complete information related to the Equipment and the extent or limitations of Warranty coverage. All Equipment must include a one-year Warranty, at minimum, covering parts and labour for manufacturer defect.
Proponents should provide a sample Warranty Package
3.2.4 (2)
The Warranty should provide for complete replacement of Equipment that has been delivered and accepted by the City but has proven defective or has suffered failure within 30 days. Only New Equipment should be used to replace Equipment that has failed and qualifies for replacement under this Warranty.
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Reference Requirement Response (Y/N) Response Explanation
3.2.4 (3)
Under this Warranty, Vendors must ship a new or reconditioned device of the same or newer model of equivalent or better functionality. The replacement device will assume the remainder of the Extended Warranty period, or not less than ninety (90) days from activation of the device on the City's accounts.
3.2.4 (4)
Vendor(s) should, upon request, provide a ‘courtesy’ device of the same type and functionality and cellular telephone number used on any Equipment sent in for Warranty or non-Warranty repair, where repairs cannot be completed within two (2) Business Days for both rented and purchased Equipment. Vendor may choose to provide a stock of Equipment to be managed directly by the City for loaners and refreshed by the Vendor from time to time as necessary
3.2.4 (5)
The Proponent(s) should also agree to the replacement of Equipment that has been subject to three (3) repeated failures. This policy should provide for the replacement of any single piece of Equipment due to a repeated failure, regardless if the 3rd failure has occurred outside of the original Warranty period.
3.2.4 (6)
The Proponent(s) should also provide a list with contact information and location for all approved service outlets for Warranty and non-Warranty support, repair and maintenance of Equipment supplied under the Agreement(s). The Proponent(s) should include information on the corporate relationship the service depots have with the Proponent. This list should be kept up to date periodically to reflect any changes.
3.2.4 (7)
The City may wish to obtain Equipment included on or proposed for addition to the Equipment List for the purpose of testing and evaluating throughout the term of any Agreement. The City may request evaluation units for any Equipment. Up to five (5) units may be requested, for a period of up to four (4) weeks and at no cost to the City.
Proponents should identify any associated costs for these units, including Equipment replacement, insurance and use charges as appropriate.
3.2.5 Activation, Training and Service
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Reference Requirement Response (Y/N) Response Explanation
3.2.5 (1)
Vendor(s) should provide activation, installation (where applicable) and after-sales support within the City of Toronto or GTA. Activation should occur within a maximum of five (5) Business Days from the date a Request is issued. Proponents should indicate if any of these Services are sub-contracted Services. The cost of installation should be the same for all locations and should be included in the purchase cost or rental rate quoted on the Price Detail Forms.
3.2.5 (2)
Vendor(s) should provide training covering the use of the Services and on the features and Equipment supplied for single or groups of users at the request of the City and at a time and place of the City’s choosing.
The Proponent should indicate in its Proposal the type of training that will be provided (e.g. manuals, videos, etc.) Proponents should provide details of any additional Services that can be offered, such as automated ordering, account information access, single point of contact, toll free contact numbers, assistance in selection of Equipment features, etc.
3.2.5 (3)
Vendor(s) should actively coordinate and communicate with the City to ensure satisfactory activation and installation for all Requests. A proposed schedule of regular, recurring meetings, should be included as part of the implementation of the SLA.
3.2.5 (4)
The selection of any term commitments and the length of such will be made at the sole discretion of the City at the time of Request or Upgrade of Equipment and Services. The selection of a term commitment should have no relationship or impact on the selection or availability of rate plans applicable to the line.
3.2.5 (5)
Any equipment purchased under a term commitment agreement will be eligible for upgrade at then current discounted pricing as of 6 months or earlier from the end date of the term commitment agreement. Any such Upgrade order will be subject to the same terms and conditions of an equivalent net new order, including the optional selection of a new term commitment applied to the upgrade order.
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Reference Requirement Response (Y/N) Response Explanation
3.2.5 (6)
Any equipment purchased under a term commitment agreement that is not within the 6 months or earlier upgrade period detailed in section 3.2.5 (5) may be made eligible for Upgrade based on a pro-rated fee calculated based on the term commitment remaining and not to exceed the non-discounted price of the original equipment.
3.2.5 (7)
Proponents should provide a single price for purchase of Equipment or hardware. Any adjustments to the invoiced price, including the impacts from Term Commitment Agreements, promotional discounts, upgrade charges, administrative charges or credits and any other one-time fees resulting from the request should be included in the price.
3.2.5 (8)
On a quarterly basis the City will send in electronic format, a list of bulk changes that may need to be made to City accounts (this could include user name change, rate Plan change, voicemail resets etc). The Vendor should implement these changes by the next billing cycle, but no longer than thirty (30) days from the date the request is submitted.
Proponents should describe the conditions of meeting this requirement (date format, timelines for execution etc.)
3.2.5 (9)
All equipment shipped to the City in response to new/upgrade Service Requests will have voice and data services restricted or disabled prior to shipping. Only minimal services required to allow the receiver to validate receipt of equipment and authenticate authorization to activate services should be active. The City will not be liable for any charges that are incurred due to data transmission not having been disabled. Note: Smart phones enabled with only Voice Plans are to be treated the same as a Cellular Phone for the purposes of data transmission capabilities
3.2.5 (10)
Vendor(s) must provide all equipment as required to activate, maintain or support services as required by the technology utilized in any equipment purchased or activated under the services. This includes subscriber information module cards (simcards) in the size or formats required.
3.2.6 Roaming Agreements and Partner Carries
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Reference Requirement Response (Y/N) Response Explanation
3.2.6 (1)
The Vendor should provide nation-wide roaming within their own network and through partner Carriers, both domestically and internationally.
Proponents should provide a map of its local calling areas for the City of Toronto and its surrounding areas for all proposed Services. Proponents should describe roaming Agreements with other companies in Canada and the United States. Describe any associated roaming charges for Services outside of the Greater Toronto Area.
3.2.7 Future Technologies
3.2.7 (1)
The City of Toronto recognizes that there has been and is expected to be significant enhancements, new technologies and/or solutions that may impact the Services provided under an Agreement. The Proponent(s) should include provisions for enabling such future technologies and solutions for the City’s use with changes documented under the documented Change Management process.
Proponents should describe the state of their network readiness to accommodate future technology convergence. Note: Any costs associated with this requirements should only be included as optional items and are not to be included in the price evaluation.
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APPENDIX F-3 VOICE SERVICES REQUIREMENTS
Reference Requirement Response (Y/N) Response Explanation
3.3.1 Cellular Voice Services
3.3.1 (1) a) Digital cellular service based on industry standards such as HSPA and/or LTE
3.3.1 (1) b)
Individually assigned 250 minutes per user, before any applicable pooling or adjustments for free or reduced rate periods or call types.
3.3.1 (1) c)
Should have the following basic features: i. voicemail,
ii. caller ID, iii. call forwarding, iv. 3-way conference calling, v. text messaging (sms),
vi. per second billing, vii. detailed call records, and
viii. no-charge calling between subscribers on City accounts
Proponents should list other basic features included in the base rate
3.3.1 (1) d) Voicemail should provide for a minimum 10 separate messages of up to 2 minutes in length
Proponents should indicate the number of separate voicemail messages and length included in the base rate.
3.3.1 (1) e)
Single price for airtime, which includes all features and fees to meet the basic service requirements, independent from the cost or term of hardware acquisition
3.3.1 (1) f) Billing should be based on actual use, calculated per second from the point of successful connection
Proponents should describe how the billing for each call is calculated
3.3.1 (1) g) Rate Plans should be flexible and provide for various levels of use, based on volume of use categories defined by this RFP
Proponents should briefly describe what flexibility is available in their rate plans. If this table does not allow for sufficient space, Proponents may reference an attachment to be included with their RFP response.
3.3.1 (1) h)
Ability to change rate Plans mid-billing cycle as needed by the City, with all associated costs effective as of the date of the request
Proponents should describe their process for changing rate plans mid-billing
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Reference Requirement Response (Y/N) Response Explanation
3.3.1 (1) i) Ability of sharing unused voice minutes between units on single account and/or across multiple accounts
Proponents should describe their process for apportioning available minutes amongst users
3.3.1 (1) j)
Ability to selectively enable/disable additional features or rate options on an as needed basis during the billing period. Charges to be prorated to the days the feature was added to the Plan.
3.3.1 (1) k)
Dependant on Proponent network capabilities, ability to add Push to Talk (PTT) voice service, capable of radio like single user to user and single user to multiple users, as an optional feature.
3.3.1 (1) l)
For those Proponents cable of providing such services, the ability to limit active voice services to only the use of PTT Services on an individual unit/line basis.
3.3.1 (1) m)
Ability to add on data services to capable devices based on the rates and Plans identified for the equivalent Data Services in the relevant portion of the Proponent’s response.
3.3.1 (1) n)
Should have a single price for airtime, separate from the cost of Equipment acquisition, and inclusive of the cost of any additional software or Services required to meet the mandatory requirements.
3.3.1 (2)
The Vendor(s) should supply Equipment for the following categories for Cellular and Equipment and Hardware that meets the requirements of the model specific features below:
a) Basic Cellular, minimal cost handset
b) Field Use, basic cellular with ruggedization or other features suitable to rough environment and or shared use
c) Smartphone, advanced features
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Reference Requirement Response (Y/N) Response Explanation
phone models
3.3.1 (3)
All Equipment supplied during the term of Agreement as a net new, Upgrade or replacement must be ‘New’, and should be delivered with original packaging unless agreed to by the City at the time of Request. All Equipment delivered in response to a Request should include:
a) Operation manual b) A/C plug charger c) Battery rated to operate for minimum
of 2 hours talk time and 3 days standby time
d) Pouch or fitted case with belt clip e) Hands-free headset f) Automotive Charger g) Items d, e and f may be 3rd party/oem
items as approved by the City at the time of the Request and acceptable for use under the handset manufacturer's warranty
3.3.1 (4)
Model Specific features: a) Basic b) Fields Use c) Smart Phone
Proponents should confirm that the models proposed meet the requirements in table 3.3.1 (4) and should attach spec sheets for each model. Preference will be given to Proponents providing pricing on both original Equipment manufacture and aftermarket brand accessories such as batteries and chargers, where there are potential savings on the aftermarket brand items. All such equipment and accessories must be in compliance with manufacturers’ specifications and be compatible with original warranties.
3.3.1 (5)
Throughout the term of an Agreement as new Equipment becomes available, or replacement models are available, the City may request these products from the Vendor, which will offer the replacement model(s) at the same discount rate off of the lowest available retail price.
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Reference Requirement Response (Y/N) Response Explanation
3.3.2 Large Scale Rental of Cellular Equipment
3.3.2 (1) It is highly desirable that Vendors(s) have the capability to provide Equipment rental on a short-term (monthly) basis of up to 500 units for any Equipment and Services being offered to the City.
Proponents should describe what rental options are available to the City
3.3.2 (2) The commencement date for any rented Equipment will be the date of activation or the date of conversion from one to another rental Plan, whichever is later. Regardless of the commencement date, rental charges should be invoiced on a monthly basis, covering the time period from the first day to the last day of the month. Charges for any time period of less than a month should be pro-rated on the basis of the number of days the Equipment is activated.
3.3.2 (3) Any rental Equipment provided under the Agreement should remain the sole and exclusive property of the Vendor. It is understood and agreed by Proponents that all right, title and interest in any Equipment purchased by the City of Toronto will be transferred to the City, free and unencumbered, upon the date of delivery of the Equipment.
3.3.2(4) All Equipment provided under the Agreement should include a full bundle of the basic Equipment and any applicable accessories required for operation of the Equipment such as battery and charger.
3.3.2 (5) The Successful Proponent should provide complete Service, repair and maintenance for rental Equipment during the term of the rental, including and any extension or renewal thereof, at no additional cost.
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APPENDIX F-4 PAGING SERVICE REQUIREMENTS
Reference Requirement Response (Y/N) Response Explanation
3.4 (1) Paging Services Requirements
3.4 (1) a)
One way numeric messaging Services, accessible through standard touch tone telephone Services or Telephony Application Programming Interface (TAPI) gateway for automated message delivery from computerized systems
3.4 (1) b) Option of one-way alphanumeric messaging services
3.4 (1) c) Option of two-way numeric/alphanumeric messaging services
3.4 (1) d) Option to add secondary direct dial numbers for applicable features/services
3.4 (1) e) Option of accessing services through shared and/or individual operator assisted message input via telephone.
3.4 (1) f)
Option of customized operator assisted message greeting as “City of Toronto” or individual username based on shared or individual operator services
3.4 (1) g) Option to add individually assigned email address to allow messages from Internet based mail systems to pagers
3.4 (1) h) Option of equipment rental or outright purchase of equipment
Proponent should provide details of rebate or discount resulting from the use of City owned rather than Vendor supplied rental equipment
3.4 (1) i) Flat rate per month billing for unlimited use of basic airtime Services, insurance fees, equipment rental costs
3.4 (1) j) Toronto local dialling access number (416/647/437 area code)
3.4 (1) k) Preference for all orders is 416 area code
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Reference Requirement Response (Y/N) Response Explanation
3.4 (1) l) Service coverage for local (with in the 416/647/437 and 905/289/365 area codes), regional (Southern Ontario)
3.4 (1) m) Option for expanded coverage to Provincial and Canada wide service
3.4 (1) n) Ability to use a single access number for sending the same message to multiple units at the same time
Proponents should describe how this is done
3.4 (1) o)
Ability to store messages when out of network coverage and later automatically transmit, when the device returns to an area of network coverage
3.4 (2)
The Successful Proponent should supply Equipment for Paging Services meeting the following minimum requirements: a) Storage of minimum 10 messages (numeric or alphanumeric) b) Per-message deletion protection (message lock/save) c) Date and time display d) Multiple distinctive audible alerts e) Vibrate alert f) Low battery indicator g) Use of standard AAA or AA type batteries
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APPENDIX F-5 DATA AND WIRELESS MESSAGING SERVICES REQUIREMENTS
Reference Requirement Response (Y/N) Response Explanation
3.5 (1) a)
Data Services Requirements Digital cellular based data Services allowing for direct Internet Protocol (IP) based connection to corporate networks and public Internet
3.5 (1) b) Billing should be based on actual data sent and received, calculated per Megabyte or lower increment
3.5 (1) c) Billing based on tiers of included data, including pooling of data and flat rate for unlimited wireless email Services
3.5 (1) d)
Option to have the ability to change rate Plans mid-billing cycle as needed by the City, with all associated costs effective as of the date of the request
Proponents should describe how this would be done
3.5 (1) e) Should have dedicated rate Plans for data and wireless messaging use only, independent of voice or paging rate Plans
3.5 (1) f) Option to have the ability of sharing unused data capacity between units on single or multiple accounts
Proponents should describe how data capacity is shared
3.5 (1) g)
Option to add cellular voice Services to capable devices based on the rates and Plans identified for those Services in the relevant portion of the Proponent’s response
3.5 (1) h)
Ability to run any applications or services as required by the City without content filtering, performance throttling or other restrictions on the type or volume of services
3.5 (1) j)
All plans should allow use of data services by client devices connected via cable, Wi-Fi and/or BlueTooth as supported by the connected equipment, without additional restriction or costs
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Reference Requirement Response (Y/N) Response Explanation
3.5 (2) a) All new activation and Upgrade data devices should include: Operation manual
3.5 (2) b) Pouch or case for storage of equipment when not in use
3.5 (2) c) Device drivers for current Microsoft Windows (XP, 7 and 8/8.1), and Mac OS based computer operating systems
3.5 (2) d)
Sustainable typical transmission speed of 6mpbs or higher for data applications (dependant on coverage and underlying network infrastructure).
3.5 (3)
Model Specific features: d) Basic e) Wi-Fi hotspot f) Tablet
Proponents should confirm that the models proposed meet the requirements in table 3.5(3) and should attach spec sheets for each model.
3.5 (4) Mobile Device Management Solutions
3.5 (4) a)
Configuration management tools allowing remote administration and management of devices, including device provisioning, security and remote monitoring
3.5 (4) b) Compatibility with Microsoft Exchange Email Messaging platform and ActiveSync version 12.1 or greater
3.5 (4) c) Provisioning of users based on Microsoft Active Directory credentials and group memberships
3.5 (4) d) Support push type delivery of all messaging and status updates
3.5 (4) e)
Support live synchronization of Personal Information Management (PIM) data including: Calendar, Address Book, Tasks, Notes
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Reference Requirement Response (Y/N) Response Explanation
3.5 (4) f)
Ability to access, securely store and view common office file types such as Word, Excel, PowerPoint, PDF and graphics formats on the device that might be included as email attachments
3.5 (4) g)
Ability to store messages when out of network coverage and later automatically transmit, when the device returns to an area of network coverage
3.5 (4) h)
Capability to store email and attachments on the device for review without dependency on network coverage to access messages already delivered to the device
3.5 (4) i)
The costs for maintenance and service agreement renewal and for any necessary server and client licensing should be included in the Equipment list and updated from time to time as required to changing Market Rates and or volume discounts applicable to the City’s operations
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APPENDIX F-6 SERVICE LEVEL AGREEMENT TEMPLATE
This Attachment is intended to clarify the key Service Levels to be provided, in order that Proponents will clearly understand the City’s key service requirements, and price their quotes accordingly. Service Description This column describes the key Services to be provided. City Activities/Responsibilities Proponents should indicate the Activities and Responsibilities required by the City in order for the Proponent to meet the Service Levels. Proponent Activities Proponents should indicate the Activities and Responsibilities that will be performed by the Proponent in order to meet the Service Levels. Measurement Criteria This column describes how satisfactory service provision will be measured, and specific criteria are aligned with the corresponding service or function. The column defines the required level of service that shall be both delivered and priced. Reference to Remedies This column reflects the activities and remedies The Proponent(s)will perform in the event that the Service Levels are not met. Reporting: Reporting should be done monthly. The report should contain a one page summary of all the Service Levels being measure and should show the current months attainment, along with the previous 12 months. (See table F1.4-2). The report should be delivered to the City Contract Manager along with the monthly invoice for service(s) which will include any applicable financial remedies.
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Service Description City Activities Vendor Activities Measurement Criteria Reference to Remedies
Minimum Service Levels to be reported on Sample Delivery of Equipment and Hardware (new activations and upgrades) within 3 Business days
Designated City staff to place the order
Deliver the hardware to the location as per the request form
Measured monthly Number of orders places Number of orders delivered within 3 business days
1st month of less than 95% of orders delivered in 3 Business Days, the Vendor Service Manager will provide the City Contract Manager with a plan to ensure Service Levels are met. 2nd month within 12 months, of less than 95% of orders delivered in 3 Business Days, Vendor Account Manager and the Vendor Service Manager will meet with the City Executive Sponsor and City Contract Manager to agree on a plan to ensure Service Levels are met. 3rd and subsequent months within 12 months of less than 95% of orders delivered in 3 Business Days, the Vendor will credit the City X% of the total billing for hardware the month in which the Service Level was not met.
Account activations (new, Upgrade, add to account)
Service change requests (rate plan/feature changes, user/account detailed information changes)
Account suspensions/cancellations (applicable fees, time/duration limitations)
Delivery of Equipment and Hardware
Response to Change Order Requests
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Service Description City Activities Vendor Activities Measurement Criteria Reference to Remedies
Accurate delivery of Monthly Billing Data
Maintenance and warranty repair
Issue tracking and resolution policies and procedures
Escalation procedures for complaints (including specific individuals in a hierarchical structure)
Other: Fraud / theft reporting and investigation Basic enquiries and technical troubleshooting Reporting of reception problems Requests for Service improvements Individual or group training requests
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Service Level Management The City expects that The Proponent(s) will put in place a process to monitor individual requests to ensure that Service Levels are being met. The process should include pro-active notification of requests about to miss a Service Level with automatic communication and escalation to Vendor and City Management staff. Once an individual request has missed its Service Level, The Proponent(s) should make reasonable efforts to re-prioritize work and expedite the request. Grace Period During the transition (the first three months of the Contract), The Proponent(s) will be exempt from financial remedies, however, all management remedies will still apply. Sample Service Level Report Service Level Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Account activations (new, Upgrade, add to account)
Service change requests (rate plan/feature changes, user/account detailed information changes)
Account suspensions/cancellations (applicable fees, time/duration limitations)
Delivery of Equipment and Hardware within 3 business days
100% 99% 99% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%
Response to Change Order Requests
Accurate delivery of Monthly Billing Data
Maintenance and warranty repair
Issue tracking and resolution policies and procedures
Escalation procedures for complaints (including specific individuals in a hierarchical structure)
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APPENDIX F-7 SAMPLE ELECTRONIC INVOICE FORMATS
Electronic Invoice Sample Data Format
Account level detail sample Account Number XXXXXXXXXXXX Invoice Date MM/DD/YYYY Billing Name/Company detail Text Additional Billing description Text Invoice Number XXXXXXXXXXXX Monthly Service Plans $ - Additional Local Airtime $ - Long Distance Charges $ - Roaming Charges $ - Data and Other Services $ - Voice Services $ - Pager Services $ - Value Added Services $ - Other Charges and Credits $ - Network and Access $ - HST $ - International Roaming Taxes $ - Total Taxes $ - Total Current Charges $ - Amount of Last Bill $ - Payments $ - Payment Reversals $ - Adjustments $ - Adjusted HST $ - Adjusted PST/QST $ - Adjusted GST $ - Total Adjustments $ - Total Previous Charges Brought Forward $ - Total Amount Due $ -
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Individual number level detail Account Number XXXXXXXXXXXX Invoice Date MM/DD/YYYY Billing Name/Company detail Text Additional Billing description Text Invoice Number XXXXXXXXXXXX Billing subtotal division Text Billing subtotal division2 Text Telephone number ###-###-#### User Name Text Additional User Name Text Reference 1 Text Reference 2 Text Detail Indicator S = summary, D = Detail Individual TN Adjustments $ - Adjusted HST $ - Adjusted PST/QST $ - Adjusted GST $ - Monthly Rate Plan Name/Description Text Monthly Rate Plan Price $ - Monthly Rate Plan Discount $ - Total Monthly Charges (incl discount) $ - Phone Minutes Day 0.00 Phone Charges Day $ - Phone Minutes Evening 0.00 Phone Charges Evening $ - Phone Minutes Weekend 0.00 Phone Charges Weekend $ - PTT Minutes Free 0.00 PTT Minutes Chargeable $ - Total PTT Charges $ - Dial-up Circuit Data Minutes 0.00 Dial-up Circuit Data Charges $ - Packet Data Usage 0.00 Packet Data Charges $ - Total Airtime Used 0.00 Included Airtime Minutes #### Individual Pooling Status Over/Under Total Additional Airtime Charges (After Pooling) $ - Domestic LD Minutes 0.00 Domestic LD Charges $ - US/Intl LD Minutes 0.00 US/Intl LD Charges $ - Total Long Distance Charges $ - US/Intl Roaming Minutes 0.00 US/Intl Roaming Charge $ - US/Intl Roaming LD Minutes 0.00 US/Intl Roaming LD Charge $ - Total US/Intl Roaming Charges $ - Total Roaming Charges $ -
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Data and Other Services Name
Add on email messaging use Packet Data use SMS Messaging - Received SMS Messaging - Sent SMS subscription Browsing Download Fees Navigator Directory 411
Data and Other Services Event Counter/increment/measurement Data and Other Services Event Type KB/Msg/Sub/WWB/Charge/NAV/DIR Data and Other Services Charge $ - Total Data and Other Services Charge $ -
Additional Feature Services Name
Caller ID, VM, Call Fwd Add on Email messaging Network and e911 Fees Additional Airtime packages Unltd Nights & Wknds Mobile to Mobile Other Features
Additional Feature Services Charge $ - Additional Feature Services Discount $ - Total 'Additional Feature Services Charges (incl discount) $ - Other Charges and Credits $ - HST $ - International Roaming Tax $ - Total Current Charges (inclusive of taxes) $ - Total Charges and Adjustments $ -
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Call detail record sample Account Number XXXXXXXXXXXX Invoice Date MM/DD/YYYY Billing Name/Company detail Text Additional Billing description Text Invoice Number XXXXXXXXXXXX Billing subtotal division Text Billing subtotal division2 Text Telephone number ###-###-#### User Name Text Additional User Name Text Reference 1 Text Reference 2 Text Usage Type AIRT/Data/Radio/Text/Other Call Sequence 1 Date MM/DD/YYYY Time 0:00:00 Call Period D/E/W From City/Province Number Called ###-###-#### To City/Province Call Type IN/OUT Call Length 0.00 Local Airtime Rate $ - Local Airtime Charges $ - LD Charges $ - Additional Call Charges $ - Total $ -
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APPENDIX F-8 REQUEST FORM
WOR Work Order Detail Report NetPlus Network Management 06/19/2015 14:18 MAIN ORDER Main Order 150000 Location Point-of-Contact Chronology
Status Open Site TOR Name DIVISIONAL REP 1 Opened 06/19/15
Due Date 06/26/15 Location 5100 YONGE ST Telephone 416-555-2255 Review 06/19/15 Assignee City Rep 1 Room Account P00XXX Closed XRef Info PO# 1047684 Vendor Billing Number 549906034 Last Mod 06/19/2015 14:17 XRef Job# CM00045329 Order Type Notes Est Recur Cost Comments UPGRADE SAMSUNG S4, 16GB Est Non-Rec Cost
SERVICE REQUEST REMARKS UPGRADE SAMSUNG S4, 16 GB BLACK MODEL PREFERRED EXISTING SUBSCRIBER LINE: 416-555-2255 EXISTING VENDOR BILLING NUMBER USER: DIVISIONAL USER #1 24 MONTH TERM COMMITMENT RATEPLAN: SX000444, VOICE AND DATA SMART PHONE PLAN STANDARD ACCESSORY PACK: BELT CLIP CASE, CAR CHARGER, SCREEN PROTECTOR, GEL SKIN CASE. SHIPPING ADDRESS: TORONTO INFORMATION & TECHNOLOGY 100 QUEEN STREET WEST, MAIN FLOOR TORONTO, ON M5H2N2 ATTN: WIRELESS TELECOM GROUP CRO # 1047684 COST CENTRE # P00XXX
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APPENDIX F-9 VENDOR CONFRIMATION OF ORDER REPORT
INDIVIDUAL ORDER CONFRIMATION Order # QUANTITY DESCRIPTION USER NAME TELEPHONE # IMEI/ESN # SIM PRICE TOTAL
1000001111 1 BlackBerry City user 1 416-xxx-0000 3914.14233.123.1 8901232091230120122 $530.00 $530.00
1 BlackBerry City user 2 416-xxx-0001 3914.14233.555.5 8901232091230223233 $530.00 $530.00
2
3 yr Term commitment discount
-$400.00 -$800.00
2 POS credit (City agreement)
-$50.00 -$100.00
2 OEM Case
$10.99 $21.98
2 OEM CLA
$6.95 $13.90
$195.88
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APPENDIX F-10 SUMMARY OF ORDERS REPORT
WEEKLY SUMMARY REPORT OF ORDERS Order # QUANTITY DESCRIPTION USER NAME TELEPHONE # IMEI/ESN # SIM PRICE TOTAL
1000001111 1 BlackBerry City user 1 416-xxx-0000 3914.14233.123.1 8901232091230120122 $530.00 $530.00 1000001111 1 BlackBerry City user 2 416-xxx-0001 3914.14233.555.5 8901232091230223233 $530.00 $530.00 1000001111 2 3 yr Term commitment discount
-$400.00 -$800.00
1000001111 2 POS credit (City agreement)
-$50.00 -$100.00 1000001111 2 OEM Case
$10.99 $21.98
1000001111 2 OEM CLA
$6.95 $13.90 1000001112 1 BlackBerry City user 3 416-xxx-0044 3914.14233.444.4 8901232091230142423 $530.00 $530.00 1000001112 1 3 yr Term commitment discount
-$400.00 -$400.00
1000001112 1 POS credit (City agreement)
-$50.00 -$50.00 1000001112 1 OEM Case
$10.99 $10.99
1000001112 1 OEM CLA
$6.95 $6.95 1000001113 1 BlackBerry City user 4 416-xxx-0234 3914.14233.445.4 8901232091230142424 $530.00 $530.00 1000001113 1 Cellular phone City user 5 416-xxx-6894 3914.14233.446.4 8901232091230142425 $290.00 $290.00 1000001113 1 3 yr Term commitment discount
-$400.00 -$400.00
1000001113 1 2 yr Term commitment discount
$150.00 $150.00 1000001113 2 POS credit (City agreement)
-$50.00 -$100.00
1000001113 1 Number port incentive credit (City agreement)
-$100.00 -$100.00
1000001113 2 OEM Case
$10.99 $21.98 1000001113 2 OEM CLA
$6.95 $13.90
