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1 THE DISTRICT MUNICIPALITY OF MUSKOKA AND THE CORPORATIONS OF THE TOWN OF BRACEBRIDGE, THE TOWN OF GRAVENHURST AND THE TOWNSHIP OF MUSKOKA LAKES CONTRACT NO REQUEST FOR PROPOSALS: SUPPLY, IMPLEMENT AND PROVIDE ONGOING SUPPORT SERVICES WITH RESPECT TO AN ELECTRONIC DOCUMENT AND RECORDS MANAGEMENT SYSTEM SUBMISSION DEADLINE: WEDNESDAY, AUGUST 12, 2015 NOT LATER THAN 2:00 p.m. EASTERN DAYLIGHT TIME PROPOSALS RECEIVED AFTER THE CLOSING DATE AND TIME WILL NOT BE ACCEPTED. Submit to: Leanna Kerswell Coordinator, Records Management The District Municipality of Muskoka 70 Pine Street BRACEBRIDGE, ON P1L 1N3

2 REQUEST FOR PROPOSALS CONTRACT NO The District Municipality of Muskoka and The Corporations of the Town of Bracebridge, the Town of Gravenhurst and the Township of Muskoka Lakes are requesting proposals from qualified Proponents to supply, implement and provide ongoing support of an Electronic Document and Records Management System. Proposals will be received by: The District Municipality of Muskoka 70 Pine Street BRACEBRIDGE, ON P1L 1N3 Until: 2:00 p.m., Eastern Daylight Time (EDT), Wednesday, August 12, 2015 The Request for Proposal document is available free of charge in an electronic format only from The District Municipality of Muskoka s website at click on Tenders, RFPs & RFQs under Popular Links. Proponents are responsible for verifying with The District Municipality of Muskoka s website for any addenda accompanying this RFP. Tenders or Quotations will not be accepted. Proponents may only participate in this procurement process by submitting a proposal using the forms supplied in a sealed, envelope or package to the following designated contact: Leanna Kerswell Coordinator, Records Management The District Municipality of Muskoka 70 Pine Street BRACEBRIDGE, ON P1L 1N3 Contract No EDRMS RFP - Records Consortium 2

3 Index Cover Page 1 Index 3 Checklist for Submitting a Proposal 5 Section A Information and Instructions to Potential Suppliers and Proponents 6 Item #: 1. Background Location and Records Consortium Membership Shared Information Technology Services Initiative Records Management and Classification Systems Current Records and Information Related Technology 7 2. Purpose 7 3. Eligibility Proposal is Required Eligibility to Submit Proposals Omissions, Discrepancies and Interpretations 8 4. Project Schedule 9 5. Submission Instructions Questions/Clarifications Submission Requirements Closing Date and Time Late Submissions Withdrawal, Amendment and Disqualification Period of Acceptance Communications Completion of Proposal Form Instructions Proposal Form Instructions Proponent Pricing and Pricing Schedule Requirements General Application Licensing Harmonized Sales Tax (H.S.T.) Detailed Proposal Components Implementation Plan Configuration Plan Training Plan Change Management Plan Product Support Plan Proponent Profile Corporate Profile Experience and Qualifications of the Proponent Proponent and Key Service Personnel Information References EDRMS Requirements Opening and Evaluation of Proposals Disqualification/Rejection of Proposals Rights Reserved by the Records Consortium Members Evaluation Criteria and Process 17 Contract No EDRMS RFP - Records Consortium 3

4 7.4. News Release/Publicity Right to Negotiate Notices Joint Submission Nomination of Sub-Contractors Ownership of Materials, Reports, Designs, Specifications and Training Materials Warranty for Usage Confidentiality Compliance with the Occupational Health and Safety Act (OHSA) Compliance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Compliance with the Accessibility for Ontarians with Disabilities Act (AODA) Changes in Law Indemnification and Liability Insurance Project Overview Current Situation Current Technical Environment Project Goals and Objectives The Proposed System Project Scope Key Project Success Factors Project Resources and Organizational Structure 27 Section B Forms Form 1 Proposal 29 Form 2 Price Schedule 31 Form 3 Proponent Profile 37 Form 4 Electronic Document and Records Management System (EDRMS) Requirements Included separately from RFP document pages 1-18 Section C TOMRMS Samples Town of Bracebridge 42 District of Muskoka 54 Town of Gravenhurst 63 Contract No EDRMS RFP - Records Consortium 4

5 Checklist for Submitting a Proposal Note: This checklist is provided for the convenience of the Proponents and is part of the Request for Proposal (hereinafter referred to as RFP ). It will not be considered in evaluating Proposals, but is intended to assist Proponents to submit compliant Proposals. Proponents should be aware that the checklist may not include all Proposal requirements. Please review the requirements of the RFP and the items below for compliance before submitting your Proposal. RFP read and understood, and any questions have been submitted to the Designated Contact and answered. All documents required by the RFP sealed in an envelope, box, container or package clearly identified as instructed in the RFP and affixed securely to the Proponent s sealed package. The following typewritten forms must be included as part of the submission with the Proponent s full legal name in the spaces provided: Form 1 - Proposal Form 2 Price Schedule Form 3 Proponent Profile and required attachments Form 4 EDRMS Requirements All other required forms and attachments as identified in the RFP document One (1) original Proposal Submission and required forms with original signature of the Proponent in non-erasable medium (ink) in the spaces provided. Failure to do so shall result in the Proposal Submission being rejected. Four (4) photocopies of the complete Proposal Submission included. Two (2) USB flash drives, DVDs or CDs with the complete Proposal Submission included. Any erasures, overwriting or strike-outs initialled. Proposal conforms to all other requirements of the RFP Document. All addenda received and clearly identified on Form 1 Proposal. Failure to acknowledge receipt of all addenda on Form 1 Proposal will result in your Proposal Submission being rejected. Proposal delivered and date and time-stamped on or before the Closing Time on the Closing Date. Contract No EDRMS RFP - Records Consortium 5

6 SECTION A INFORMATION AND INSTRUCTIONS TO POTENTIAL SUPPLIERS AND PROPONENTS 1. BACKGROUND 1.1. Location and Records Consortium Membership Muskoka is located two hours north of Toronto. Known for its natural beauty and abundant lakes and waterways, Muskoka has been a vacation area of choice in Ontario for well over 100 years. Several thriving urban centres provide excellent shopping and entertainment services and economic development opportunities. First class resorts, artisans shops and visitor attractions complement the heritage landscape and growing communities. With a significant seasonal population, Muskoka is able to offer many amenities normally associated with larger cities, while maintaining the attractive lifestyle of small communities. Muskoka closely parallels other Regional Municipalities in Ontario with The District Municipality of Muskoka (District of Muskoka) forming the upper-tier of a two-tier system of local government. The Town of Bracebridge, the Town of Gravenhurst and the Township of Muskoka Lakes are three of the lower-tier municipalities collaborating on this project with the District of Muskoka (collectively the four municipalities shall jointly hereinafter be referred to as the Records Consortium ) in the joint RFP process Shared Information Technology Services Initiative The Records Consortium members are involved in a shared Information Technology (IT) services initiative. These services include network and server administration and support, a common authentication (password and security management), common technology and standards, centralized technology purchasing and license and vendor management, archival administration and business continuity planning, and Service Desk Support. The District of Muskoka and the Towns of Bracebridge and Gravenhurst share a common data centre, while servers for the Township of Muskoka Lakes are located at their municipal office. Access security to shared drives through Active Directory is being implemented for all Records Consortium members and will serve as the basis of the security in the multitenant repository. This shared services model has provided the members with the ability to leverage their resources in order to utilize IT services and software products at a level that would not be achievable if undertaken separately Records Management and Classification Systems The Town of Bracebridge has implemented The Ontario Municipal Records Management System (TOMRMS). The Town of Gravenhurst and the District of Muskoka are in the process of implementing TOMRMS or a customized version (See Section C for samples). The Township of Muskoka Lakes is not currently utilizing a classification system; however, they anticipate that they will adopt the TOMRMS system prior to the phased-in implementation of an Electronic Document and Records Management System (EDRMS). TOMRMS is a three-level, hierarchical classification scheme with retention and other values such as security, Personal Information Bank (PIB) and vital records tied directly to the classification codes. The versions of TOMRMS adopted by the Town of Bracebridge and being implemented by the Town of Gravenhurst have minor variations to the scope notes and retention schedules. It is anticipated that this will also be the case for the Township of Muskoka Lakes. The District of Muskoka has customized TOMRMS with the addition of new classifications along with changes to existing classifications, scope notes and retention schedules in order to meet the requirements of an upper-tier municipality. These factors must be taken into consideration when formulating the cost for the configuration of the TOMRMS file plan within the system as each member is phased into the EDRMS. Contract No EDRMS RFP - Records Consortium 6

7 1.4. Current Records and Information Related Technology 2. PURPOSE The Records Consortium currently holds an Enterprise agreement with Microsoft which includes licensing for SharePoint. The Town of Gravenhurst and the Township of Muskoka Lakes are both utilizing Laserfiche v9 for scanning records into their shared drives. The Records Consortium members are utilizing a variety of methods to scan documentation into their shared drives, including multi-functional printers and specialized scanning devices. The current technical environment is outlined in Item 8.2., Section A. The Records Consortium members are not predisposed to any EDRMS system The Records Consortium is requesting proposals through a joint RFP from qualified Proponents to supply and implement an extensive but scalable EDRMS system that will include the following capabilities: a) Document Management: to facilitate versioning and control over documents (including s and faxes) into repositories or libraries. b) Workflow Management: in support of business processes and the management of assigning, routing and approving work. c) Records Management: to ensure compliance and adherence to record management practices, through lifecycle classification of municipal records, retention, archival, review and the destruction of records. The Proponent will also provide software technologies and professional services delivered by a team with proven competencies in order to implement an EDRMS in a phased-in approach that is consistent with the terms of this RFP and provide ongoing postimplementation support. This RFP will be awarded to one Proponent who will implement the EDRMS for all Records Consortium members, although pricing for each member is required separately It is the intent of the Records Consortium to follow the project schedule outlined in Item 4., Section A, however, the members reserve the right to delay individual member implementation and/or to cancel implementation for any of the Records Consortium members at any time, without penalty or cost to the Records Consortium members. This RFP shall not be considered a commitment by any of the Records Consortium members to enter into any contract The EDRMS is a means of migrating from a user-controlled/managed approach to a shared management environment, while providing users with the tools and processes required to ensure compliance with information management business rules (including Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), Accessibility for Ontarians with Disabilities Act (AODA) and other legislation, by-laws, policies, standards, contracts, etc.) for information assets in all media, through their entire lifecycle in a comprehensive and consistent manner The system must combine a full set of records management features as well as collaboration, workflow and search capabilities of a comprehensive document management system and provide each member with the ability to house its own records in a secure environment while also providing a repository that will contain records that can and should be shared either for collaboration on joint initiatives or for reference. The system will be hosted in a multi-tenant environment within the data centre located at the Contract No EDRMS RFP - Records Consortium 7

8 District of Muskoka, with the exception of the Township of Muskoka Lakes where the system will need to be established on their local servers. The system will utilize Active Directory as the basis for security and access The scope of this RFP includes the provision of a software system and project management and professional services to meet stated specifications, installation and testing of the product, implementation, training and documentation for users and technical staff and other requirements of a major system implementation in a phased-in approach for each of the Records Consortium members, for post-implementation maintenance, technical support and system and training material updates. In addition, a strategy for the management of existing data from shared drives and existing applications is to be outlined. Refer to Item 8. Project Overview, Section A for additional details. A detailed list of features to be included in the EDRMS is included in Form 4 - EDRMS Requirements, Section B (included separately from the RFP document). The timelines associated with the phased approach is outlined in Item 4. Project Schedule, Section A The objective of the Records Consortium is to conduct an effective, fair, open and transparent RFP Call Process ensuring equitable treatment of Proponents, while maintaining the highest standards of integrity in the process Where not specifically specified within this document, the RFP Call and submissions shall be governed by the District of Muskoka s Procurement By-law No , as amended, and related policies and procedures which are available upon request. 3. ELIGIBILITY 3.1. Proposal is Required Proponents may only participate in this procurement process by submitting a proposal in accordance with the instructions herein. Tenders and/or quotations will not be accepted or considered Eligibility to Submit Proposals The Records Consortium is seeking proposals from Proponents with a minimum of five (5) years experience with projects of similar size and scope, who are in good financial standing and have sufficient qualifications and expertise as defined in Item , Section A to provide the projects and services requested within this RFP document Omissions, Discrepancies and Interpretations It shall be understood and acknowledged that while this RFP includes specific requirements and specifications, minor items or details not herein specified, but obviously required, shall be provided as if specified in conformance with current practices and workmanship. Should a potential Proponent find omissions from or discrepancies in any of the documents in this package or be in doubt as to the meaning of any part of such documents, the potential Proponent shall notify the Designated Contact in writing by July 23, 2015 at 2:00 p.m. (refer to Item 5.1., Section A for contact information). If the Records Consortium considers that a correction, explanation or interpretation is necessary or desirable, the Records Consortium will issue such additional documentation as the members deem appropriate by way of posting an Addendum to the District of Muskoka website. The decision and interpretation of the Records Consortium 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. Contract No EDRMS RFP - Records Consortium 8

9 It is the responsibility of each Proponent to: a) Examine all of the components of this RFP, including all appendices, forms and addenda; b) Monitor the District of Muskoka website for addenda; and c) Acquire a clear and comprehensive knowledge of the required services before submitting a Proposal. Any omissions, errors or misinterpretation of these requirements and specifications or within the Proponent s Proposal, or the failure of any Proponent to receive or examine any document, form, addendum, Contract, Agreement or policy shall not relieve the Proponent of any obligation to provide the goods and services as aforesaid. 4. PROJECT SCHEDULE The following is a tentative schedule for this project. Event Anticipated Date Request for Proposal Issued July 10, 2015 Last day for submitting inquiries July 23, 2:00 p.m. Final Addenda Posted July 24, 2015 Proposals Due from Proponents August 12, 2:00 p.m. Evaluation Stage 1 - Selection of Qualified Proponents for End of August 2015 Short-list Stage 2 - Interviews/Demonstrations/Presentations End of September 2015 Stage 3 - Recommendations to Respective October 2015 Councils - Award/Completion of Contract November 2015 Planned Project Start Date January 2016 Phased-in Implementation* - Town of Bracebridge - District of Muskoka - Town of Gravenhurst - Township of Muskoka Lakes Subject to discussion between the EDRMS Executive Steering Committee, each Records Consortium member and the successful Proponent *The Records Consortium reserves the right to make changes to these dates and to the number of members who ultimately enter into separate Contracts with the successful Proponent. Any changes will be communicated by way of Addendum or Contracts. 5. SUBMISSION INSTRUCTIONS 5.1. Questions/Clarifications Proponents shall address all questions and requests for clarifications regarding the RFP documents or process by to the Designated Contact as identified below, on or before the deadline date of July 23, 2015 at 2:00 p.m. Leanna Kerswell Coordinator, Records Management The District Municipality of Muskoka 70 Pine Street, BRACEBRIDGE, ON P1L 1N3 leanna.kerswell@muskoka.on.ca Fax: Contract No EDRMS RFP - Records Consortium 9

10 5.2. Submission Requirements a) Proponents are required to submit one (1) complete typewritten hard copy with original signatures with the signed Forms in Section B: Form 1 - Proposal, Form 2 Price Schedule, and Form 3 Proponent Profile, along with Form 4 EDRMS Requirements (included separately from the RFP document), together with any further forms or sheets which the Proponent is instructed elsewhere herein, or in any addendum hereto, to submit with their Proposal. The Proponent may retain the rest of the RFP documents issued to them. The Proponent may also include additional information they deem appropriate by way of attachment to Form 1 - Proposal. Four (4) additional copies of the complete proposal and two (2) electronic copies on USB flash drives, DVDs or CDs are also required at the time of submission. b) The Proposal documents shall be sealed in an envelope or package with the Proponent s name and return address, clearly labelled with RFP EDRMS Proposal Document Enclosed and addressed to the Designated Contact as outlined in Item 5.1., Section A. c) Upon receipt of the sealed envelope or package by District of Muskoka Reception, the Receptionist will apply a date and time stamp Closing Date and Time Proposals shall be received no later than Wednesday, August 12, 2015 at 2:00 p.m Late Submissions Late submissions will not be accepted. However, they shall be date and time stamped and returned to the Proponent unopened Withdrawal, Amendment and Disqualification a) Verbal adjustments to a Proposal already submitted will not be considered. b) A Proponent desiring to make adjustments to a Proposal must withdraw the Proposal and supersede it with a later Proposal prior to the specified RFP Closing. c) A Proponent may request that their Proposal be withdrawn any time prior to the closing of the RFP, being August 12, 2015 at 2:00 p.m. Any request for withdrawal shall be on the respective company letterhead and sent by , fax or regular mail (and must be received prior to the above date and time) to the Designated Contact as outlined in Item 5.1., Section A. d) Proposals that have not been withdrawn in accordance with the terms and conditions set out herein shall be binding on the Proponent after the specified closing time and will not be returned to the Proponent Period of Acceptance All Proposals shall be open to acceptance and be irrevocable for one hundred and twenty (120) calendar days after the closing date of this call for RFP. Notwithstanding the above, the Records Consortium members, at any time, may request an extension of the period of acceptance and any Proponent will agree to such a request Communications During the RFP Call Process, Proponents are not permitted to contact, directly or indirectly, Contract No EDRMS RFP - Records Consortium 10

11 any employee, elected official, officer, agent, consultant, advisor or other representative of the Records Consortium members, concerning the RFP other than the Designated Contact named in Item 5.1., Section A. Any communication by a Proponent with anyone other than the Designated Contact named may result in the disqualification of the Proposal from the RFP Call, and disqualification of the Proponent from participating in future RFP Calls. 6. COMPLETION OF PROPOSAL FORM INSTRUCTIONS 6.1. Proposal Form Instructions a) Proposals are expected to address all content requirements outlined herein. Clarity of language and adherence to suggested structuring is essential to the ability of the Records Consortium to conduct a thorough evaluation. b) Submission of a proposal indicates acceptance by the Proponent of all the terms, conditions and specifications contained in the RFP unless clearly and specifically noted in the proposal submitted and confirmed in the formal contracts between each of the Records Consortium members and the Proponent. Deviations from the RFP must be clearly identified in the written submission. c) The Proponent s submission is to address the collective requirements of the Records Consortium as outlined in the RFP. The following documents are required along with any additional forms or attachments as noted in the RFP document: 1) Form 1 - Proposal 2) Form 2 - Price Schedule 3) Form 3 - Proponent Profile and required attachments as identified 4) Form 4 - EDRMS Requirements (included separately from RFP document) 5) Detailed Proposal and Proposed Timelines d) This RFP document, the Proponent s response to this solicitation and subsequent written Contract to the successful Proponent, shall form the basis of the binding Contract to be executed by each Records Consortium member. Proponents will enclose with their submission, a form of written contract (or Letter of Agreement) that they prefer to be bound by in performing the work and services called for in the RFP, and which will be reviewed, negotiated and finalized by the Records Consortium, the District Solicitor and the successful Proponent (if any) Proponent Pricing and Pricing Schedule Requirements General a) The lowest or any quotation may not necessarily be accepted. b) All prices submitted will be in Canadian Funds. c) Proponents should base pricing in accordance with 2016/2017 implementation. d) Prices must be expressed in accordance with the unit of measure specified in the document. e) The Records Consortium reserves the right to correct a mathematical error evident on the face of the Proposal; however, unit prices will not be adjusted. f) The evaluation of Pricing (Form 2 - Price Schedule, Section B) as part of this RFP will be based upon: i) Each Records Consortium member s total individual cost, and Contract No EDRMS RFP - Records Consortium 11

12 ii) Available discounts, including, but not limited to, those applicable based upon multiple Records Consortium member participation (i.e. server licensing related to shared data centre, Enterprise licensing etc.). g) Pricing shall include all software, licensing, services, materials, labour, delivery, handling, disposal, statutory charges, overhead and profit, other related charges, and inclusive of all duties and taxes applicable and similar charges on account of such work as necessary for implementing the requirements described in Form 4 EDRMS Requirements, Section B (included separately from the RFP document). h) Proponents shall include the financial details of any third party software they are recommending, such as physical records, management software, workflow add-ins for different file types etc. i) If a Proponent has omitted to enter a price for an item set out in Form 2 - Price Schedule, Section B, the Proponent shall, unless the Proponent has specifically stated otherwise in their Proposal, be deemed to have allowed elsewhere for the cost of carrying out the said item of work and, unless otherwise agreed to by the Records Consortium members, no increase shall be made in the fees and expenses on account of such omission. j) Proponents shall provide a detailed list of the hardware and software architecture that is recommended for the proposed implementation, including any required resources to facilitate full text indexing and searching, however, pricing is not required as the Records Consortium may leverage existing arrangements with providers. This information is to be recorded on Form 4 EDRMS Requirements, Section B (included separately from the RFP document) Application Licensing Proponents shall describe the licensing model for the proposed system within Form 4 EDRMS Requirements (included separately from the RFP document), and identify pricing within Form 2 Price Schedule, Section B Harmonized Sales Tax (H.S.T.) Pricing and expenses shall NOT INCLUDE H.S.T. (if applicable). The Records Consortium members will add H.S.T. to the prices in Form 2 - Price Schedule, Section B, at the time it evaluates any proposals received Detailed Proposal Components Implementation Plan Proponents shall provide a high-level Implementation Plan which identifies their proposed approach, milestones, timeline, and assumptions for the project. The proposed Implementation Plan shall include, but shall not be limited to: a) The identification of the major phases of the project and associated timelines; b) A high level schedule showing all activities required to complete the project along with their associated resources, effort and dependencies; c) A list of key deliverables and their timelines; d) A plan on how current business processes and workflows shall be reviewed and modified if necessary; e) A high-level test plan; f) A high-level acceptance plan; Contract No EDRMS RFP - Records Consortium 12

13 g) A detailed risk plan with mitigation strategies; h) A detailed deployment plan; and i) A strategy on how existing records could be accessed by and/or migrated into the new system Configuration Plan Proponents shall provide a high level Configuration Plan that shall identify options available for configuring each of the elements with recommendations on which option shall be used Training Plan Proponents shall provide a high level Training Plan for each of the following groups: IT Services staff, records administrative staff, and general users. At minimum, the Training Plans shall include: a) A high-level assessment plan, communication plan and training materials development and maintenance plan (including a list of materials currently available, how content will be developed to address customized requirements, and how all training materials will be maintained to ensure they remain current and include all scheduled releases); b) Resources required; and c) A list of key deliverables and their timelines Change Management Plan Proponents shall provide a high level Change Management Plan that includes: a) Details regarding how scope changes shall be managed; b) How the new system shall be introduced and any strategies to ensure the system is accepted and integrated into the daily activities of Records Consortium members staff; c) Resources required; and d) List of key deliverables and their timelines Product Support Plan 6.4. Proponent Profile Proponents shall provide a comprehensive Product Support Plan for both during and after implementation. The plan shall include: a) Service strategy; b) Location of support staff; c) Incident management; d) Average response time by severity level; and e) Service level agreement (including hours of support and escalation procedures). The Proponent is required to complete Form 3 Proponent Profile, Section B. Failure by a Proponent to make full disclosure may result in disqualification. As space is limited, the Proponent is encouraged to select from their customer base, Municipal, Provincial, Federal or government-related customers with a customer profile similar to that of the Records Consortium members. The Proponent may attach additional relevant information to Form 3 Proponent Profile, Section B. Contract No EDRMS RFP - Records Consortium 13

14 The Proponent must have the staff, organization, culture, financial resources, market share and an installed base that is sufficient in order to ensure their ongoing ability to deliver and support the proposed EDRMS system throughout its useful lifetime, including the ability to provide timely response and service to the Records Consortium members over the terms of the Contracts Corporate Profile The Proponent is to complete a profile and summary of corporate history on Form 3 Proponent Profile, Section B Experience and Qualifications of the Proponent The Proponent must demonstrate specific knowledge of, and experience in performing similar work for projects of comparable nature, size and scope. In particular, the Proponent shall demonstrate the following in its Proposal: a) Experience of the Proponent with other similar projects undertaken in the last five years, including the implementation timeframe and associated cost of the projects. b) Experience of the Proponent when delivering the types of professional services being requested in this RFP. Proponents are to provide details regarding how the professional services as identified in Part B.2. on Form 3 Proponent Profile, Section B are to be delivered and will meet the needs of the Records Consortium members as expressed in this RFP. c) Other value added services, if any Proponent and Key Service Personnel Information The Proponent is to demonstrate that they have personnel (executive, management, development, implementation and support team) who will be assigned to the project with the necessary skills, experience and expertise in the design and delivery of the proposed system and how they will ensure that the proposed system best meets the requirements of the Records Consortium members as identified in the RFP. Required information to be included in the Proposal is outlined on Form 3 Proponent Profile, Section B References The Proponent must provide a minimum of three (3) references for the purpose of evaluating the Proponent s experience and track record of success. Note that the Records Consortium prefers references for systems that are similar to the system being proposed in response to this RFP. For example, systems for the municipal/public sector, using the same or similar products proposed, projects of similar size, scale and complexity. a) Each reference is to be attached to Form 3 Proponent Profile, Section B and must address the items identified in Part D of said Form. b) In providing references, the Proponent agrees that the Records Consortium can contact the references provided as part of the evaluation process. The Records Consortium will make their own arrangements in contacting the references. Substitution of references will not be permitted after the close of the RFP EDRMS Requirements A list of requirements which are considered by the Records Consortium to be mandatory Contract No EDRMS RFP - Records Consortium 14

15 along with additional optional items have been included on Form 4 EDRMS Requirements, Section B (included separately from the RFP document). The Proponent shall provide clear and concise responses on the form to any criteria or requirements which require additional information or explanation. Any edits/changes made to this form outside of adding responses and explanations will result in disqualification of the Proponent. 7. OPENING AND EVALUATION OF PROPOSALS 7.1. Disqualification/Rejection of Proposals Under no circumstances will Proposals be considered if: a) It is received after 2:00 p.m. EDT on Wednesday, August 12, 2015; b) It is delivered to a location other than The District Municipality of Muskoka, 70 Pine Street, Bracebridge, ON P1L 1N3; c) The proposal submission envelope or package does not state RFP EDRMS Proposal Document Enclosed ; d) It is submitted by potential Proponents not meeting the requirements in Form 4 EDRMS Requirements, Section B (included separately from the RFP document); e) Any contact/communication is made, directly or indirectly, with anyone other than the designated contact as outlined in Item 5.1., Section A; f) Any unauthorized amendments or revisions are made to any of the RFP Forms; or g) Supplied Forms are not used or submitted with the Proposal In the following circumstances, Proposals may be rejected if: a) Forms are incomplete, conditional, illegible or obscure or contain additions not called for, reservations, qualifications, erasures, alterations (unless properly and clearly made and initialled by the Proponent s signing officer) or contain irregularities of any kind. b) Entries or changes made to Forms in pencil, unless otherwise decided by the Records Consortium members, will be determined to be invalid or informal Exclusion of Proponent in Litigation and Due to Poor Performance a) The Records Consortium members may, in their absolute discretion, reject a proposal submitted by a Proponent if the Proponent, or any officer or director of the Proponent is or has been engaged, either directly or indirectly through another corporation, in a legal action against any of the Records Consortium members, their elected or appointed officers and employees in relation to: i) Any other contract or agreement or services; or ii) Any matter arising from the Records Consortium members exercise of their powers, duties or functions. b) In determining whether or not to reject a proposal under this clause, the Records Consortium members will consider whether the litigation is likely to affect the Proponent s ability to work with the Records Consortium members, its consultants and representatives, and whether the Records Consortium members experience with the Proponent indicates that Records Consortium members are likely to incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. Contract No EDRMS RFP - Records Consortium 15

16 c) The Records Consortium members shall document evidence and advise the Manager of Purchasing and Support Services in writing where the performance of a supplier has been unsatisfactory in terms of failure to meet Contract specifications, terms and conditions or for Health and Safety violations and any other applicable legislation. d) The Records Consortium members, in consultation with the District Solicitor, prohibit an unsatisfactory supplier from bidding on future competitive procurement opportunities for a period of up to three (3) years Furthermore, the Records Consortium members reserve the right to disqualify any Proponent whose Proposal contains any false or misleading information in the opinion of the Records Consortium members acting through the Manager of Purchasing and Support Services absolute discretion Rights Reserved by the Records Consortium Members THIS REQUEST FOR PROPOSAL IS NEITHER AN INVITATION TO TENDER NOR A REQUEST FOR QUOTATION The Records Consortium members are under no obligation whatsoever to proceed with this project after receiving and reviewing the Proposals and that under no condition or circumstance, will any Proponent receive payment or compensation of any kind whatsoever for submitting information in response to this RFP. The Records Consortium members shall not be obligated in any manner to a Proponent unless and until a written Contract has been negotiated and executed as referenced in Item 2.2., Section A In addition to any other rights reserved to the Records Consortium members or any sub-committee within, the Records Consortium members reserve the right, privilege, entitlement and absolute discretion, for any reason whatsoever, to: a) Accept a proposal which is not the best eligible proposal; b) Reject a proposal which is the best eligible proposal, even if it is the only proposal received; c) Cancel the RFP Call at any time, either before or after the closing date without penalty or cost to the Records Consortium members; d) Accept or reject any and all proposals, whether whole or in part; e) Except in the case of an irregularity which requires a proposal to be disqualified, accept an irregular proposal; f) Award any part of any proposal; g) Accept or reject any unbalanced proposal; h) Reissue the RFP in its original or revised form; i) Request specific requirements not adequately covered in a Proponent s initial submission and clarify information contained in the RFP; and j) Modify any and all requirements stated in the RFP at any time prior to the possible awarding of a Contract Furthermore, any of the Records Consortium members shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior to or subsequent to, or by reason of the acceptance, or nonacceptance by any of the Records Consortium members of any proposal, or by reason of any delay in the award of the proposal. Contract No EDRMS RFP - Records Consortium 16

17 7.3. Evaluation Criteria and Process Evaluation Team a) Proposals will be evaluated by a team comprised of representatives from each of the Records Consortium members, along with a representative from IT Services and the Records Management Consultant. b) The Records Consortium members shall not be obligated to disclose the evaluation scores of any individual member of the Evaluation Team, nor to justify any score awarded by that team or any member thereof. c) By responding to this RFP, Proponents agree to accept the recommendation of the Evaluation Team as to the successful Proponent and acknowledge and agree that the Records Consortium members respective Councils make the final decision Evaluation Criteria The evaluation will be based on, but not limited to, the following: TOTAL EVALUATION SCORE OUT OF 100 POINTS a) Stage 1: Proposal Submission (80 Points) 1. Proposal Worth 5 Points Quality of the Proposal fulfilling the overall RFP requirements. 2. System Product Evaluation Worth 25 Points Understanding and meeting the requirements as identified in Form 4 EDRMS Requirements, Section B (included separately from the RFP document) and value added options identified in Part B.3. of Form 3 Proponent Profile, Section B. 3. Implementation Evaluation Worth 25 Points The quality of the implementation, configuration, training, change management and product support plans as identified within the detailed Proposal, along with the quality of the team members and references as identified in Form 3 Proponent Profile, Section B. 4. Project Cost Worth 25 Points Total Project Cost for each Records Consortium member along with additional information and discounts as identified in Form 2 Price Schedule, Section B. b) Stage 2: Presentation/Interview (20 Points) 1. The Evaluation Team will develop a short list of Stage 1 qualifying Proponents. Those Proponents short-listed will be requested to deliver a presentation/demonstration of the proposed system s product(s), implementation strategies, the qualifications and experience of the firm and the Proponent team assigned the project. The presentation/demonstration will include time for questions and shall not exceed three (3) hours in total; 2. Each short-listed Proponent will be provided in advance with two (2) user case scenarios, including sample documents to demonstrate the ability of their product to deliver the requirements identified in the RFP; Contract No EDRMS RFP - Records Consortium 17

18 3. Once the scenarios have been demonstrated, the Proponents may be requested to demonstrate additional product features and value added components/services that may not have been used in the scenarios; and 4. The Proponent s project lead and key members of the project team, as named in the Proposal submission are encouraged to be in attendance. Proponents shall keep the number of representatives to no more than three (3) Team Members. c) Stage 3: Award and Completion of Contract 1. Consideration for award shall only be undertaken in relation to Proponents who are determined by the Records Consortium members to have satisfied all the requirements during Stage 1 and Stage The Records Consortium members reserve the right to consider during the evaluation of submissions: i) Information provided in the submission itself; ii) Information provided in response to inquiries of credit, experience and industry reference set out in the submission; iii) Information received in response to inquiries made by the Records Consortium members of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the Proponent; iv) The matter in which the Proponent provides services to others; v) The experience and qualification of the Proponent s senior management, and project management team; and vi) The compliance of the Proponent with the Records Consortium members requirements and specifications. 3. Based upon the evaluation of the results of Stage 1 and Stage 2, the Records Consortium members will present their recommendation to their respective Municipal Councils. 4. Upon consensus of the Municipal Councils, the Records Consortium members will enter into negotiation with the successful Proponent with regards to the development of a Contract or Letter of Agreement, tailored to reflect the Proposal, which is acceptable to each of the Records Consortium members. 5. It is understood that Proponents may have their own form of written contract or agreement and that such forms vary from Proponent to Proponent. The Records Consortium members may consider a form of contract or agreement from the successful Proponent to be signed by each individual Records Consortium member, subject to review and approval by the District Solicitor and all of the requirements of this RFP being met in full through the Contract. 6. In the event that Sub-Consultants and/or Sub-Contractors (hereinafter referred to as Sub-Contractors ) are being engaged by the successful Proponent, the Proponent shall be responsible to enter into any Contract or Agreement with this/these third party(ies) as stated in Item 7.8., Section A subject to all of the requirements of this RFP being met in full. 7. This RFP and any Contract that may arise therefrom does not create a partnership or joint venture of any kind between the Records Consortium members and the successful Proponent. The successful Proponent will be undertaking the project as an independent contractor. Contract No EDRMS RFP - Records Consortium 18

19 7.4. News Release/Publicity 8. Upon signing the Contract, the successful Proponent will supply the following items: a) Contract (three (3) original copies signed and sealed as required); b) Certificate of Insurance; c) Other declarations or documentation as may be requested under the OHSA, AODA, or other applicable Legislation or By-laws; and d) WSIB Clearance Certificate if applicable The successful Proponent and any Sub-Contractors shall not make any news release or post any public notice concerning the RFP, the submitted proposal, the awarding of same or any resulting Contract without the express written consent of the Records Consortium members An award of a Contract to a successful Proponent does not constitute a general endorsement of the Proponent s products or services, and the award of Contract cannot be used by the successful Proponent to promote the sale of products or services, without the express written approval by the Records Consortium members Right to Negotiate After the Contract has been awarded to the successful Proponent, the Records Consortium members reserve the right to negotiate minor changes, amendments or modifications to the Proponent s submission, without offering the other Proponents the opportunity to amend their submissions Notices Notices to Proponents shall be made to the address contained in the respective Proposal. A notice shall be considered received by the Proponent on the date it is ed Joint Submission If a Proposal is a joint submission of two (2) or more Proponent firms, a single Proposal is to be coordinated and submitted by the lead firm with all of the required information. The lead firm shall act as the Proponent in all contractual obligations of any resulting award and contract Nomination of Sub-Contractors Sub-contracting the delivery of a portion of the EDRMS to other hardware, software, professional services or other providers may be included in the RFP submission. The list of names, addresses, roles and responsibilities of all nominated Sub-Contractors sought by the Proponent in the provision of the services and/or work contemplated by this RFP is to be attached to Form 3 Proponent Profile, Section B. In such a case, the successful Proponent shall remain solely responsible for the performance of and for payment of monies to the sub-contracted personnel. Following award of the Contract, the successful Proponent shall not, without written consent of the Designated Contact for the Records Consortium members, make any assignment of any sub-contracted Contract(s) or Agreement(s) for the execution of any service or product proposed The Records Consortium members reserve the right to reject any Sub-Contractors so nominated, without penalty or liability to the Records Consortium members of any kind whatsoever. Contract No EDRMS RFP - Records Consortium 19

20 No change shall be made by the Proponents to the list of nominated Sub-Contractors after the Closing Time of the RFP, without the prior written approval from the Records Consortium members and only under such terms and conditions as the Records Consortium members in the exercise of an absolute discretion may require Any Proponent requesting the Records Consortium members consideration of a change in Sub-Contractors shall be responsible for all costs of the Records Consortium members to review, investigate and approve, if acceptable, such change including but not limited to all of the Records Consortium members internal staff costs and all legal, financial and consultant costs Ownership of Materials, Reports, Designs, Specifications and Training Materials All information, data, plans specifications, reports, estimates, summaries, photographs and all other documentation prepared by the Proponent and/or Sub-Contractors, if any, in the performance of the services, whether they be in draft or final format, shall be the property of the Records Consortium members Warranty for Usage a) The Proponent represents, warrants and covenants to the Records Consortium members (and acknowledges that the Records Consortium members are relying thereon) that any deliverable resulting from or to be supplied or developed under the Contract will be in accordance with the Records Consortium members requirements (as set out in the RFP) and, if applicable, will function or otherwise perform in accordance with such requirements. b) In addition to any warranty, expressed or implied by law or otherwise and notwithstanding prior acceptance by the Records Consortium members, the successful Proponent and/or Sub-Contractors, shall replace the goods without cost to the Records Consortium members, if, within a period of twelve (12) months following acceptance, the goods are determined to be defective in design, material, performance, workmanship or are otherwise not in accordance with the requirements of the Contract. The warranty for fraud and blatant defects shall be perpetual Confidentiality The Proponent and/or Sub-Contractors shall treat as confidential all information of any kind which comes to the attention of the Proponent and/or Sub-Contractors in the course of carrying out the services and shall not disseminate such information for any reason without the express written permission of all Records Consortium members. The Proponent may be required to enter into a detailed confidentiality agreement in a form satisfactory to the District Solicitor. Similarly, the Proponent will be responsible to enter into a detailed confidentiality agreement with any Sub-Contractors Compliance with the Occupational Health and Safety Act (OHSA) The successful Proponent shall be responsible for performing all work under this Contract in accordance with the terms and conditions of the OHSA, as amended, and all other applicable Acts, Regulations or By-laws governing the work to be performed. The Proponent, by executing the Contract, unequivocally acknowledges that the Proponent is the constructor as defined in the OHSA and agrees to carry out the duties of the constructor as outlined in the OHSA. Violations of any such legislation may result in a termination of this Contract. The successful Proponent may be required at any time to submit documentation and/or a Declaration of Compliance for the same. Contract No EDRMS RFP - Records Consortium 20

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