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PURCHASING DEPARTMENT Addendum 3 – document FOR USE REQUEST FOR PROPOSAL No. 2592 Budget Planning Software Solution DATE ISSUED: April 27, 2020 Closing Location: Purchasing Department 2020 Labieux Road Nanaimo, BC V9T 6J9 ESTABLISHED CLOSING DATE AND TIME: Proposals must be received prior to: May 19, 2020 ; 3:00 pm (15:00 hours) Pacific Time Closing Date changed to June 5, 2020 INQUIRIES: Debbie Bezenar, SCMP, Buyer [email protected] Late Submissions will not be considered And Submissions will not be opened publicly

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Page 1:   · Web view1 day ago · In the event that the approving authority not appropriate such funds, the City will notify the Proponent, as set forth below, of its intention to terminate

PURCHASING DEPARTMENT

Addendum 3 – document FOR USE

REQUEST FOR PROPOSAL No. 2592

Budget Planning Software Solution

DATE ISSUED: April 27, 2020

Closing Location:Purchasing Department

2020 Labieux RoadNanaimo, BC

V9T 6J9

ESTABLISHED CLOSING DATE AND TIME:Proposals must be received prior to:

May 19, 2020; 3:00 pm (15:00 hours) Pacific Time

Closing Date changed to June 5, 2020

INQUIRIES:Debbie Bezenar, SCMP, [email protected]

Late Submissions will not be considered

And

Submissions will not be opened publicly

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TABLE OF CONTENTS

Section 1.0 Overview..................................................................................................................4

1.1 Project Overview.............................................................................................................4

1.2 RFP Methodology............................................................................................................4

1.3 Intended Term of Agreement..........................................................................................4

1.4 Fiscal Funding Out...........................................................................................................5

1.5 Definitions.......................................................................................................................5

Section 2.0 Instructions to Proponents.......................................................................................7

2.1 RFP Closing Date and Submission Instructions................................................................7

2.2 Signature.........................................................................................................................8

2.3 Pre-Proposal Meeting......................................................................................................8

2.4 Amendment to Proposals................................................................................................8

2.5 Inquiries and Clarifications Related to this RFP...............................................................8

2.6 Addenda..........................................................................................................................8

2.7 Withdrawal of Proposals.................................................................................................9

2.8 Examination of RFP Proposal Documents and Facilities..................................................9

2.9 Liability for Errors............................................................................................................9

2.10 Litigation Clause..............................................................................................................9

2.11 Proponent Expenses......................................................................................................10

2.12 Amendment to Agreement Documents........................................................................10

2.13 Changes to RFP Document............................................................................................10

2.14 Changes to the Proposal Wording and Content............................................................10

2.15 Acceptance and Rejection of Proposals.........................................................................10

2.16 Freedom of Information and Privacy Protection Act (FOIPPA)......................................11

2.17 Ownership of Proposals................................................................................................11

2.18 Working Language.........................................................................................................11

2.19 Not a Binding Agreement..............................................................................................12

2.20 Debriefing......................................................................................................................12

2.21 Opening of Proposals....................................................................................................12

Section 3.0 General Terms and Conditions...............................................................................13

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3.1 Acceptance of Terms.....................................................................................................13

3.2 The City Reserve Rights.................................................................................................13

3.3 Notification of Award....................................................................................................13

3.4 Form of Agreement.......................................................................................................13

3.5 Indemnity......................................................................................................................14

3.6 Pre-Conditions of Award...............................................................................................14

3.7 Invoicing and Payment..................................................................................................15

3.8 Laws of British Columbia...............................................................................................15

3.9 Termination of Agreement............................................................................................15

3.10 Cancellation...................................................................................................................16

3.11 Force Majeure...............................................................................................................16

3.12 Gifts and Donations.......................................................................................................16

3.13 Proponent Performance................................................................................................16

3.14 Dispute Resolution........................................................................................................16

Section 4.0 Evaluation and Selection Process...........................................................................18

4.1 Submissions will be Evaluated Separately.....................................................................18

4.2 Proponents May Withdraw...........................................................................................18

4.3 Verification and Clarification Process............................................................................18

4.4 Submission Eligibility and Mandatory Submission Requirements.................................18

4.5 Completeness of Submission.........................................................................................18

4.6 Rectification Period.......................................................................................................19

4.7 Evaluation Criteria.........................................................................................................19

4.8 Proposal Content...........................................................................................................19

4.9 Evaluation of Proposals.................................................................................................22

4.10 Conflict of Interest.........................................................................................................23

4.11 Proposed Purchase Agreement.....................................................................................24

Section 5.0 Scope of Services and Requirements.....................................................................25

Proponent’s Information Form....................................................................................................27

Appendix A - Project Team Members.......................................................................................28

Appendix B - Ability and Experience (References)....................................................................29

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Appendix C - Proposed Agreement for Licensing/Subscription, On-going Support and Maintenance............................................................................................................................ 30

Section 1.0 Overview

1.1 Project Overview

The City of Nanaimo is soliciting proposals for a comprehensive, browser-based, public sector budgeting software solution, related implementation services and user training. The software must include basic components such as personnel, operations and project budgeting, as well as performance-based modules that can be phased in as the need grows for more sophisticated analytical tools. A hosted cloud based solution is preferred.

This opportunity has a separate attachment, Schedule A - Budgeting Solution Requirements List.

1.2 RFP Methodology

Under this procurement, the Purchasers are each committed to the principles of fairness, equal access, and transparency, and at the same time wish to retain the greatest degree of flexibility. As such, each Purchaser intends to move through the RFP process in the following phases:

a. RFP Proposal review after the Established Closing Date and Time b. Proposal Rectification Period c. Budgeting Solution Requirements list review d. Evaluation of Proposals on basis of Evaluation Criteriae. Reference checks f. Demonstrations g. Preferred Proponent identified h. Contract Negotiations i. Execution of Contract between the Purchaser and Preferred Proponent

For further information regarding the evaluation and selection process, refer to Section 4.0.

1.3 Intended Term of Agreement

For the purpose of this Agreement if awarded, the first term of the Agreement will be for a total of seven (7) years plus with the option for one (1) more three (3) year extension with annual subscription for maintenance and upgrades.

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The City shall not incur any liability, should it choose not to exercise the option to extend the Agreement.

1.4 Fiscal Funding Out

The Proponent acknowledges that the City cannot make financial commitments beyond the City’s current fiscal year. In this regard, the City shall annually make bona fide requests of its approving authority for appropriations of sufficient funds to make payments covered by this Agreement.

In the event that the approving authority not appropriate such funds, the City will notify the Proponent, as set forth below, of its intention to terminate the goods or services. This notice will also state that unless further funds are appropriated prior to the expiry of the period of the notice, the services are to be terminated and that the City shall not replace the service with substitute or comparable service by another party. If further funding is appropriated within twelve (12) months from the date of termination, the City will either; renew the award to the Proponent or if the City and Proponent are unable to reach agreement on the terms of a renewed award the City will issue a new RFP. If further funds are appropriated more than twelve months after the date of termination, the City will issue a new RFP.

Such termination will take effect thirty (30) calendar days from the date of notification and will not constitute an event of default.

1.5 Definitions

The following definitions apply to the interpretation of this document:

a. “Addendum / Addenda” means a change, or addition, or correction significant enough to be formally made to this RFP. Addenda are posted on the City websites.

b. “Agreement” means a legal document and any attachments that bind the City and all other parties subject to the provisions of the document(s).

c. “Business Day” means any day from Monday to Friday inclusive, excluding statutory or civic holidays observed in British Columbia.

d. “City” means the City of Nanaimo.e. “Closing Location” means the location that all Proposals for this RFP will be accepted at.f. “Contractor” means the Successful Proponent who enters into an Agreement with the

City for the goods and services requested herein.g. “Deliverables” means the goods and services to be delivered under the Agreement, as

described in detail in this RFP.

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h. “Established Closing Date and Time” means the deadline for the submission of Proposals as set out herein.

i. “Evaluation Criteria” means the evaluation criteria described in Section 4.7 of this RFP.j. “FOIPPA” means the Freedom of Information and Privacy Protection Act of British

Columbia.k. “Mandatory Requirements” means those requirements described herein, which shall

be fully satisfied in order for any Proposal to be considered by the City as a qualified Proposal.

l. “May” used in this document denotes permissive.m. “Proponent” means the Person, Company or Corporation providing a response to this

RFP.n. “Rectification Period” means the period of time set out in Section 4.6 of this RFP during

which a Proponent will be permitted to rectify its submission to satisfy the mandatory submission requirements of this RFP.

o. “Request for Proposal” (RFP) means the document issued by the City used to solicit submissions to provide goods, services or construction for the City.

p. “Shall” or “Will” or “Must” used in this document denotes imperative. q. “Sub-Contractor” means a legal entity approved by the City that may undertake the

execution of a part of the Work pursuant to an Agreement with the Proponent, and may include both “brokers” and “Sub-Contractors”.

r. “Submission” or “Proposal” means the information submitted by a Proponent in response to this RFP.

s. “Successful Proponent” means a Proponent who the City may award the agreement to, as a result of this RFP document.

t. “Work” means the total goods and or services required by the RFP.

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Section 2.0 Instructions to Proponents

2.1 RFP Closing Date and Submission Instructions

It is the sole responsibility of the Proponent to submit their response to the Purchasing Department prior to the Established Closing Date and Time by one (1) of the following two (2) methods:

i. Hand/courier delivery: Proponents should submit one (1) original hard copy and one (1) electronic version in MS Word/PDF format submitted on an external flash drive. The Proposal should be enclosed and sealed in an envelope/package clearly marked: RFP 2592 Budget Planning Software Solution; attention: Debbie Bezenar and delivered and addressed to the Purchasing Department, City of Nanaimo, 2020 Labieux Road, Nanaimo, BC V9T 6J9.

Note: The City will not be liable for any discrepancy between the hard copy submission and the electronic version. In the event of a discrepancy between the hard copy submission and the electronic version, the electronic version will prevail.

ii. Electronic Bid Opportunity Portal: follow this hyperlink; https://www.nanaimo.ca/bid-opportunities/. Click the submit button for RFP 2592 Budget Planning Software Solution, register by providing all the required information; upload the submission document(s) and click submit.

An email confirmation will be sent to the email address that has been registered. Registration is required for each submission.

Electronically submitted Proposals will be deemed to be successfully received when the time as posted on the Submission portal confirmation email is at or before the Established Closing Date and Time.

It is the Proponent’s sole responsibility to ensure their Proposal is received when, where and how it is specified in this RFP document. The City is not responsible for lost, misplaced or incorrectly delivered Proposals.

The time clock in the Purchasing Department Office is the official timepiece for the receipt of all Proposals delivered by hand/courier.

Note: Although every attempt will be made to meet all dates, the City reserves the right to modify any or all dates at its sole discretion at any time.

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2.2 Signature

The Proposal must be signed by a person authorized to legally bind the Proponent to the statements made in the Response to this RFP.

2.3 Pre-Proposal Meeting

A pre-proposal meeting will not be held for this RFP.

2.4 Amendment to Proposals

Proponents may amend their Proposals after submission provided each revision is submitted and is received at the Closing Location and before the Established Closing Date and Time.

An authorized signatory of the Proponent must sign revisions.

Revisions received after the Established Closing Date and Time will not be considered or accepted.

2.5 Inquiries and Clarifications Related to this RFP

All inquiries regarding this RFP are to be directed in writing or by email to the following person(s):

Debbie Bezenar; [email protected]

All enquiries must be received no less than five (5) business days before the Established Closing Date and Time. Questions received after this date will be responded to at the City’s discretion, and responses cannot be guaranteed.

Information obtained from any other source is not official and no verbal communication will modify the terms of this RFP.

Proponents are required to check the City’s website for all information up to the Established Closing Date and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

2.6 Addenda

If the City determines that Addendum or Question & Answer response is necessary, the City will post an Addendum on the City website, and shall become part in parcel part of the RFP Document(s).

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Questions for clarification that alter the method, pricing and or specifications of the submission will be posted in the form of an Addenda, and must be signed and included with the submission.

Questions for clarification that do not alter the method and pricing of the submission will be posted in the form of a Question and Answer document and will not require to be signed and returned with the submission.

It is the responsibility of the Proponent to ensure that it has retrieved any Addenda as posted.

Proponents are required to check the City’s website for all information up to the Established Closing Date and Time at the following website; https://www.nanaimo.ca/bid-opportunities/.

2.7 Withdrawal of Proposals

Proponents may withdraw their Proposal at any time prior to the Proposal Established Closing Date and Time by submitting a written withdrawal request to the Purchasing Department via email: [email protected], attention: Debbie Bezenar, Buyer.

2.8 Examination of RFP Proposal Documents and Facilities

It is the responsibility of each Proponent to examine the RFP Document(s) thoroughly. The Proponent may not claim, after the submission of a Proposal, that there was any misunderstanding with respect to the Services or Work and conditions imposed by the City.

There will be no opportunity to make any additional claim for compensation or invoice for additional charges that were not considered and included in the Proposal Fee submitted, unless the City, at its sole discretion, deems that it would be reasonable to do so, or there are additional Work requirements due to unforeseen circumstances and as approved by the City.

2.9 Liability for Errors

While the City has taken considerable effort to ensure an accurate representation of information in this RFP, the information contained is supplied solely as a guideline for Proponent. The information is not guaranteed or warranted accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve the Proponent from forming their opinions and or conclusions with respect to the Work as described in this RFP.

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2.10 Litigation Clause

The City may, in its sole discretion reject a Proposal submitted by Proponents 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 the City, its elected or appointed officers and employees in relation to:

a. Any other Agreement and or contract for works or Services; orb. Any matter arising from the City’s exercise of its powers, duties or functions under

the Local Government Act for another enactment

Within five (5) years of the date of this Request for Proposal.

In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the Proponent’s ability to work with the City, its consultants or representatives. In addition, whether the City’s experience with the Proponent indicates that the City is likely to incur increased staff and legal costs in the administration of this Agreement if it is awarded to the Proponent.

2.11 Proponent Expenses

Proponents are solely responsible for their own expenses in preparing and submitting Proposals, and for any sample requests, meetings, negotiations or discussions with or presentations to the City or its representatives and consultants, relating to or arising from this RFP.

2.12 Amendment to Agreement Documents

Both the City’s designated project manager and the Successful Proponent shall not amend the Agreement Documents except as specifically agreed upon in writing and signed.

2.13 Changes to RFP Document

Proponent must not alter any portion of this RFP document, with the exception of adding the information as requested where necessary. To do so may invalidate the submission of its Proposal.

2.14 Changes to the Proposal Wording and Content

The Proponent is not allowed the opportunity to change the wording or content of its Proposal after the Established Closing Date and Time, and no words will be added to the Proposal,

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including changing the intent or content of the presentation of the Proposal, unless requested by the City (e.g. minor clarifications).

2.15 Acceptance and Rejection of Proposals

This RFP does not commit the City, in any way to select any Proponent or accept any Proposal and the City reserves the right in its sole discretion to postpone or cancel this RFP at any time for any reason whatsoever and to proceed with the Services in some other manner separate from this RFP process.

Proponents are advised that the lowest price, or any Proposal may not necessarily be accepted and the City reserves the right to reject or accept any or all Proposals in whole or in part at any time without further explanation.

Proponents are cautioned to carefully read and follow the instructions stated herein, as the City reserves the right to disqualify any Proposal that fails to meet any of the requirements of this RFP.

If any Proposal contains a deficiency or fails in some way to comply with any requirement of the RFP, which in the opinion of the City is not material, the City may waive the defect and accept the Proposal. The determination of whether or not to disqualify or otherwise remove any Proposal from the evaluation process will be made in the sole discretion of the City.

2.16 Freedom of Information and Privacy Protection Act (FOIPPA)

The City advises Proponents that submissions may be subject to the provisions of FOIPPA and the Community Charter. Proponents who wish to ensure particular parts of their submission are protected from disclosure under FOIPPA should specifically identify those portions that constitute a) trade secrets, and b) that are supplied in confidence, and c) the release of which could significantly harm their competitive position. Information that does not meet all three of the foregoing criteria may be subject to disclosure to third parties. Personal information provided in the submission will be collected pursuant to FOIPPA and the Community Charter. The personal information will not be released except in accordance with the FOIPPA. Questions about the collection of your personal information may be referred to the Legislative Services Department at (250) 755-4405, or via email at [email protected].

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2.17 Ownership of Proposals

All Proposals submitted, other than any Proposal withdrawn prior to the Established Closing Date and Time of Proposals or any late Proposals, become the property of the City and will not be returned to Proponents.

2.18 Working Language

The working language of the City is English and all Proposals must be submitted in English.

2.19 Not a Binding Agreement

Issuance of this RFP, the Proponent’s preparation of a Proposal, and the subsequent receipt and evaluation of the Proposal by the City does not obligate the City in any manner whatsoever, including awarding an Agreement to any Proponent. Only the full execution and delivery of the final Agreement Documents between all parties will obligate the City in accordance with the Agreement terms and conditions.

2.20 Debriefing

Proponents may request a debriefing which may be made available at the City’s convenience and must be made within thirty (30) calendar days of notification of award. The intent of the debriefing is to aid the Proponent in presenting a stronger Proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process. The City will provide a debriefing upon request, after an Agreement award has been completed.

2.21 Opening of Proposals

Proposals will not be opened publicly.

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Section 3.0 General Terms and Conditions

3.1 Acceptance of Terms

All the terms and conditions of this RFP are assumed to be accepted by the Proponent and incorporated in its Proposal, except those revisions that are proposed or requested in the Proposal and accepted by the City.

3.2 The City Reserve Rights

The City reserves the right to: a. Waive any irregularity or insufficiency in any Proposal;b. Accept the Proposal which is deemed most favourable to the interest of the City; c. Accept any Proposal in whole or in part; d. Seek Proposal clarification with any or all of the Proponents to assist in the evaluation; e. To request clarification from one or more than one Proponent with regard to pricing

that is obviously unbalanced;f. Negotiate with the selected Proponent; g. Approve substitutions for the Goods or personnel for the Work; h. Reject any or all Proposals; i. Contact references other than, and or in addition to, those furnished by the Proponent;j. Modify the terms of the RFP at any time in its sole discretion; up to the Established

Closing Date and Time; and

k. Internally publish the names of Proponents and any summary cost information deemed appropriate by the City.

3.3 Notification of Award

The Successful Proponent will be notified in writing and required agreeable obligations will need to be fulfilled before the Work can begin. All Proponents are directed to regularly check the City’s website for results of the opportunity as unsuccessful Proponents will not be notified in writing.

3.4 Form of Agreement

The City’s preferred form of Agreement Documents, whether attached or not, will consist of the following:

a. The RFP document and all addenda, and attachments;

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b. The Successful Proponent’s Submission;c. The City of Nanaimo Business License or Inter-Community Business License;d. Certificate of Insurance;e. WorkSafe BC Clearance Letter;f. Single Contractor Meeting Form; REQUIREMENT REMOVEDg. Prime Contractor Preconstruction Meeting Form; REQUIREMENT REMOVEDh. The City’s official purchase order(s); andi. Those parts not referenced above but maybe required and agreed upon by both Parties.

The City is not obligated to any Proponent in any manner until a Purchase Order has been issued and signed by the City’s designate.

3.5 Indemnity

The Successful Proponent agrees to indemnify, defend and save harmless the City, including and without limitation, to its Council Members, agents, and employees. This will be from and against all suits, claims, demands, losses, damages, expenses and costs made against or incurred, suffered or sustained by the City at any time, either before or after the expiration or termination of the Agreement. Where the same or any of the aforementioned are based upon or arise out of or from anything done or omitted to be done by the Successful Proponent or by any employee, officers, director or Sub-Contractor, the Successful Proponent pursuant to the Agreement excepting any liability out of the independent acts of the City.

3.6 Pre-Conditions of Award

The pre-conditions of award that apply to this RFP are set out below. The Preferred Proponent will be asked to submit proof of the following:

a. Business License: The Preferred Proponent will be required to hold a valid City of Nanaimo or Inter-community business license for the duration of the Work.

b. WorkSafe BC: The Preferred Proponent will be required to provide a WorkSafe BC Clearance Letter as evidence of their organization being in good standing with WorkSafe BC for the duration of the Work.

c. Insurance: The Preferred Proponent will be required to hold (and provide copies as evidence) the insurance policies detailed in the Form of Agreement for the duration of the Work, or longer as specified.

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3.7 Invoicing and Payment

If an Agreement is awarded, invoices should be sent to the City’s Accounts Payable Department at the following email address; [email protected] and should include as a minimum:

a. Purchase Order number; b. Project document Number, if applicable;c. City contact full name (first and last); andd. Applicable taxes shown as a separate line item.

Payment term is Net (30) days from receipt of an accurate invoice. Electronic Funds Transfer (EFT) is the preferred method of payment. EFT is a direct deposit into the Contractor’s bank account.

The City reserves the right to reject and/or return invoices containing discrepancies for correction and/or re-invoicing without penalty.

No payment for extras shall be made by the City, unless the City’s designated project manager authorizes such extras.

3.8 Laws of British Columbia

Any Agreement resulting from this RFP will be governed by and will be construed and interpreted in accordance with the laws of the Province of British Columbia.

3.9 Termination of Agreement

The City reserves the right, at its sole discretion, to terminate the Agreement, in whole or in part, if the Successful Proponent receives three (3) written notices whether consecutive or congruent, for any one or more of the following reasons:

a. Failure to deliver the promised goods and or services at the required time and location; b. Failure to provide qualified personnel to provide the or perform the goods and or

services;c. Failure to provide satisfactory Work; d. Failure to meet the City’s standard of expected and agreed level of Services and

performance; e. Performing unsafe acts while on City property that could pose a threat to the safety of

the City Staff or Public;

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f. Failure to provide the necessary insurance or if the required insurance lapses; expired insurance (CGL or professional);

g. Expired business license; orh. Any other reason considered appropriate, at the sole discretion of the City.

Upon termination of the Agreement, the City will be under no further obligation to the Successful Proponent, except to pay any outstanding amounts that the Successful Proponent may be entitled to receive up to the date of termination. Such termination will not result in any penalty to the City.

3.10 Cancellation

The Agreement may be cancelled by either party for any reason without cause or penalty upon thirty (30), sixty (60) or ninety (90) calendar day’s written notice, or as mutually agreeable.

3.11 Force Majeure

Neither party will be liable for any failure or delay to perform that party's obligations resulting from any cause beyond that party's reasonable control. This will include but not be limited to fires, explosions, floods, strikes, Work stoppages, slowdowns, or other industrial disputes, accidents, riots or civil disturbances, acts of civil or military authorities.

3.12 Gifts and Donations

The Successful Proponent will ensure that no representative of the Successful Proponent will offer or extend any entertainment, gift, gratuity, discount, or special service, regardless of value, to any employee of the City. The Successful Proponent will report any attempt by any employee of The City to obtain such favours to the City of Nanaimo’s Chief Administrative Officer or designate.

3.13 Proponent Performance

The Successful Proponent will be evaluated on their performance throughout the term of this Agreement. Suppliers achieving a less than satisfactory rating under the evaluation will be notified and required to create and implement a corrective action plan that addresses any shortfall in the Supplier’s performance. If the Supplier fails to create or implement the corrective action plan or if the Supplier’s performance level does not improve The City may take further action including but not limited to cancelling the Agreement and/or suspension of the

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Supplier from future bidding opportunities.

3.14 Dispute Resolution

The parties will make reasonable efforts to resolve any dispute, claim, or controversy arising from the Agreement; using the dispute resolution procedures set out in this section or otherwise agreeable.

a. Negotiation: The parties will make reasonable efforts to resolve any Disputes by amicable negotiations and will provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate negotiations.

b. Mediation: If all or any portion of a Dispute cannot be resolved by good faith negotiations within (30) business days, or as mutually agreeable, either party may by notice to the other party refer the matter to mediation. Within (7) business days, or as mutually agreeable, of delivery of the notice, the parties will mutually appoint a mediator. If the parties fail to agree on the appointment of the mediator, then either party may apply to the British Columbia International Commercial Arbitration Centre for appointment of a mediator. The parties will continue to negotiate in good faith to resolve the Dispute with the assistance of the mediator. The place of mediation will be Nanaimo, British Columbia. Each party will equally bear the costs of the mediator and other out-of-pocket costs, and each party will bear its own costs of participating in the mediation.

c. Litigation: If within (90) days of the request for mediation the Dispute is not settled, or if the mediator advises that there is no reasonable possibility of the parties reaching a negotiated resolution, then either party may without further notice commence litigation.

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Section 4.0 Evaluation and Selection Process

4.1 Submissions will be Evaluated Separately

To assist in receiving similar and relevant information, and to ensure your Proposal receives fair evaluation, the City asks Proponents to provide the following information.

4.2 Proponents May Withdraw

Proponents may withdraw from this procurement process prior to execution of the Agreement without penalty.

4.3 Verification and Clarification Process

The City may seek clarification in relation to a Submission from a Proponent at its sole discretion during the evaluation and selection process, and may take any clarification provided into account in evaluating the Submission. The City reserves the right to request that a Proponent provide additional information at any stage of the process, including after the date for submission of Submission, in respect of those mandatory criteria or otherwise.

4.4 Submission Eligibility and Mandatory Submission Requirements

In order for a Submission to be eligible, it must meet the following mandatory requirements:

a. The Submission must be submitted on or before the stipulated Established Closing Date and Time, and at the correct Closing Location;

b. A fully completed version of the Proponent’s Information Form should be filled out, included in the Submission and signed by a person authorized to legally bind the Proponent with respect to the Submission; and

c. A copy of all Addenda should be signed and included in the Submission.

4.5 Completeness of Submission

Submissions will be reviewed to determine compliance with Section 4.4 Submission Eligibility and Mandatory Submission Requirements. Submissions failing to satisfy the requirements as of the Established Closing Date and Time will be provided an opportunity to rectify any deficiencies during the Rectification Period as stated in Section 4.6 Rectification Period.

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4.6 Rectification Period

The City reserves the right to waive the mandatory criteria and to request that a Proponent rectify the mandatory Submission criteria with the exception of Section 4.4.a. as defined above.

In the event that a Proposal submitted on time fails to meet any procedural compliance associated with provisions of a compliant Submission, the City will permit the Proponent a 48-hour Rectification Period. For clarity, the Submission must be substantially complete and compliant and received before the Established Closing Date and Time in order for the City to initiate this process. The City will not waive the mandatory Established Closing Date and Time.

The Rectification Period will commence upon the City’s issuance of a Rectification Notice identifying the deficiencies and providing the Respondent an opportunity to rectify the deficiencies. If rectification of the non-compliance is not resolved within the 48-hour period, the Submission will be disqualified, with no further consideration given.

4.7 Evaluation Criteria

The following criteria identify the key components on which Proposals to this RFP will be evaluated.

Item Evaluation Criteria Point Value

1. Company Profile and Experience/References 202. Proposed Solution, Implementation, Training and Support 453. FOIPPA and Confidentiality Requirements 10

4. Proposed Proponent Agreement for Licensing/Subscription, On-going Support and Maintenance 5

5. Total Solution Cost 20TOTAL 100

4.8 Proposal Content

It is important that Proposals clearly provide all the necessary information as outlined below.

In the case, that contradictory information or information that contains conditional statements is provided with respect to a requirement, the City will, in its sole and absolute discretion, determine whether the response complies with the requirements, and may seek clarification from the Proponent. The contradictory information may result in the Proposal receiving a low score for that particular rated requirement.

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Proposals that do not respond to a particular rated requirement, are left blank or contain a response of, n/a or not applicable, will receive a zero (0) point score for that requirement. Where the evaluation team cannot reasonably find responses to a rated requirement, a zero (0) point score will be assessed for that rated requirement.

The submission to each of the rated requirements should:

1. Be complete (bullet point format is acceptable);2. Be concise and factual; and3. Demonstrate the Proponent's understanding of the City’s business needs by providing

answers validating its capabilities.

4.8.1 Company Profile and Experience (20 points)a. Provide an introduction to your firm and include the number of years in business under

this company name, and the firm’s primary business.b. Describe the capability and experience to deliver the proposed Municipal Budgeting

Software solution, including the implementation methodology and customer support services.

c. Describe any implementation challenges you faced in your past projects and how you solved them.

d. Identify the proposed team lead and any additional key team members that would work with the City. Highlight the relevant qualifications and experience of each.

e. Provide up to three projects of similar or greater magnitude and have been successfully completed within the past three (3) years. Include a reference for each project including name and contact information. References may be contacted and their response may be used to form part of the evaluation score.

4.8.2 Proposed Solution, Implementation, Training and Support (45 points)

a. Describe in detail the Municipal Budgeting Software solution being proposed. This should include discussions of functionality, system software and hardware requirements, and any other information that would assist in understanding of the product.

b. Complete and submit separately posted Schedule A - Budgeting Solution Requirements List.

c. Clearly describe whether the system is hosted (cloud-based) or installed on premise, on the City of Nanaimo’s local IT infrastructure.

d. If the proposed system is vendor cloud hosted, then indicate the ownership of the data, the procedure to download the data, and the city’s ability to control when system updates occur.

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e. If your system is module-based, all modules required in order for the system to operate as outlined in the spreadsheet are to be included in the quoted price. The price for each module will be clearly identified, along with the functionality it provides.

f. Describe in detail the implementation of the proposed Municipal Budgeting Software solution. Include discussion of how the project will be phased, including number of calendar days to complete each phase, and the total number of calendar days to fully implement the project. Include any detail regarding the timing and necessity of City staff resources.

g. Describe the methodology of how previous year’s data will be transferred to the proposed solution.

h. Describe how existing ERP data will be transferred to the proposed solution on a regular and automated basis.

i. Define and identify the point at which the implementation of the Municipal Budgeting Software solution would be deemed complete and turned over to the City for fully functional operations.

j. Provide a detailed testing plan for both production and system acceptance testing.k. Provide a training plan for City staff.l. Describe the availability of support staff.m. Describe your process for dealing with software patches and updates.n. Indicate if any features are not available with the current version and if those features will

be in the next release or future releases. Also, identify all features that will require customization by your firm.

o. Provide a copy of any Service Agreement, Software Licensing Agreement, Maintenance Agreement or other that the City would be expected to sign.

p. Provide examples/information of technical abilities required for administration of data and reports; Can Financial staff administer their own reports and data, or is IT/consulting required for any change?

4.8.3 FOIPPA Requirements (10 points)

a. Indicate the level of experience and/or understanding your firm has of the British Columbia Freedom of Information and Protection of Privacy Act (FOIPPA) requirements.

b. Indicate if the data collected by the proposed solution is stored within or outside of Canada. If outside, demonstrate how your solution complies with the FOIPPA requirements in British Columbia.

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http://www.cio.gov.bc.ca/cio/priv_leg/foippa/pia/pia_index.page

https://www.oipc.bc.ca/resources/guidance-documents/

http://www.bclaws.ca/civix/document/id/complete/statreg/96165_03

4.8.4 Proposed Proponent Agreement (5 points)

a. Provide a copy of any Licensing/Subscription Agreement, Software Licensing Agreement, On-going Support, Maintenance Agreement or other that the Purchaser would be expected to sign and label as Appendix C.

4.8.5 Total Solution Cost (20 points)

All prices are to be in Canadian dollars and are to include all taxes, on a separate line, except GST.

a. Provide the total cost of your solution based on the following estimate. If some modules are optional, provide costs for each module.

b. Include an estimate of the number of hours required to implement:i. Provide detailed, separate implementation costing for all base, optional or

customized functionality.ii. Include all costs associated with travel; accommodation; and implementation

including but not limited to project management, installation, user acceptance testing, support and validation, go-live and post-live support; documentation; and training.

iii. Provide a firm hourly rate for any customization requests.iv. Include any annual software maintenance costs

c. Include an hourly rate for any team members, and for any additional services that may be required.

d. Include a list of common ERP’s that the proposed solution integrates with, how the integrations typically Work and a rough budgetary estimate of what a future integration to an ERP system would cost. This is for informational purposes only and will not be part of the total solution cost value.

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4.9 Evaluation of Proposals

Proposals will be evaluated on a category basis as follows:

Stage 1 – Proposal Eligibility

The City will examine all Proposals that meet the eligibility requirements as set out herein.

Stage 2 – Weighted Evaluation

The City will evaluate the eligible Proposals based on the Evaluation Criteria in 4.3 using a weighted evaluation scoring method. Proposals will be evaluated using a scoring scale of 1-5 with the resulting score then multiplied by the pre-determined weighted evaluation value for each particular criterion. The weighted score for each item will be added together to arrive at an aggregate (total) score for the evaluation and ranking for all Proposals. The City will assign scores at the sole discretion of the City.

Where priced Proposals are required, the following equation will be used to allocate the points. The lowest proposed price will receive the full value of the allocated points. Each additional Proponent will receive a percentage of the total possible points by dividing the proposed price into the lowest price.

i.e. lowest proposed price is $10.00 from Proponent A and the allocated points for pricing is 10 points. Proponent A receives 10 points. Proponent B submits a proposed price of $12.00. Proponent B receives 8 points ($10.00/$12.00*10=8)

Stage 3 – Proposal Clarification

The City may at their sole discretion, invite one or more Proponents for an interview, presentation or request further clarification to address any questions or clarifications relating to Proposals. Proponents will be responsible for any costs associated with the preparation for, and attendance at, the interview, to take place at a specified location within the City. An interview can be by a format selected by the City (i.e. in-person, phone, conference call, or other.)

The City may conduct credit and reference checks as part of the evaluation process, and may request additional financial information from any Proponent, at The City’s sole discretion.

Stage 4 – Re-evaluation and Adjusted Scores

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The City may, if necessary, re-evaluate and assign adjusted scores to the previously determined scores of the Proponents invited for an interview based on the new or updated information received.

4.10 Conflict of Interest

Proponents are to include a statement in their Proposal indicating whether or not the firm or any individuals proposed to work on the Agreement has a possible conflict of interest, and, if so, the nature of that conflict. The City reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the project to be developed by the awarded Proponent. The City’s determination regarding any questions of conflict of interest shall be final.

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Section 5.0 Scope of Services and Requirements

5.1 General Requirements

5.1.1 Background

The City of Nanaimo currently uses SAP BPC and excel spreadsheets for budget planning. Budgets are determined in conjunction with managers, but are entered into BPC solely by the financial planning team, consisting of 6 members. There are approximately 75 managers that currently view budget information via manually exported excel spreadsheets. These managers may optionally need view-only access to budgetary information in the new solution. The evaluation of pricing will be based on the licensing of the 6 budget team members. Optional pricing for view-only and editing access for all 75 managers should be included but will not be part of the pricing evaluation.

The City’s ERP is currently SAP version ECC6.0, EHP 7. Actual transactional data is imported to BPC nightly. The completed budget is exported from BPC via flat-file and imported into SAP using LSMW once per budgetary version. There is a scheduled RFP for 2022 to evaluate ERP options. Thus, the proposed solution will need to integrate with SAP and will need to identify what other ERP solutions it integrates with in case another ERP is selected from this process. The proposal will also need to identify implementation costs with other ERP solutions.

5.1.2 Project Goals For Municipal Budget System Replacement

The project that is the subject of this Request for Proposals has the following goals and objectives:

a. Replace the City’s BPC system with a sustainable, browser-based system, capable of supporting all of the City’s budgeting requirements, with a planned service life of 7 to 10 years. This solution may be hosted on premise, or on a cloud solution that is serviced from a Canadian Datacenter.

b. Significantly improve the efficiency of budget development, management, and reporting processes.

c. Take advantage of automation. d. Implement an easy to use and robust reporting solution that is fully administrable by

financial staff. e. The reporting solution will include capabilities for standard, custom and ad-hoc report

creation and administration.

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f. Produce effective and thorough knowledge transfer materials for system maintenance, system administration, and user training.

5.1.3 Current Operating Budget Process Overview

The City uses a modified zero-based budget process. Departments prepare their operating budgets by completing a budget detail workbook that has been created by Finance in Excel. The workbooks include the actual revenues and expenditures for the prior 3 years, current YTD actuals and current year budgets. Finance also populates workbooks with budget for approved permanent staffing and known costs such as network charges, photocopier charges and vehicle allowances. Departments then work with Finance to estimate revenues and expenditures associated with providing their established operating levels of service. Supporting documentation, including staffing plans and contracts to support operating budgets must be contained within the workbook. The budget information is then entered into the budgeting software by Finance to complete the department’s 5-year Financial Plan.

5.1.4 Current Project Planning Process Overview

Each year, departments update their 10-year project plan. Project plans are created in Excel and entered by Finance into the budgeting software. Supporting documentation for the projects is maintained in other systems.

5.1.5 Business Cases

Departments, with the support of Finance, prepare business cases to support requests for new resources, new services or changes in current service delivery models. Business cases are entered into the budgeting software only after they have been approved for inclusion.

5.2 Scope of Work and Requirements

proposals for comprehensive, browser-based, public sector budgeting software solution Project plan, implementation services and user training. Migration of existing budget data into the new system. Projected go live May 1, 2021 Total number of users – 6 Optional ability to add all managers (75) into the system at a later date

5.2.1 City Staffing and Resources

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The City will assign an IT Project Manager and a Business Analyst to the project. Two Financial Planning staff will act as the City’s functional leads, serve as the primary business process contacts, provide day-to-day guidance and one or both will generally attend all project meetings. Additional City subject matter experts will be involved in the project as needed.

Proponent’s Information Form

Proponents must complete this form and include with the Proposal Submission.

Please ensure all information is in ink and legible.

1. Company’s Name

2. Company’s Representatives Name

3. Address (include postal code)

4. Office Phone #

5. Cellular #

6. Email address

Proponent: ____________________________ Date ___________________

Signature: _____________________________________________________________

Note: All forms that require a signature must be signed by a person authorized to legally bind the Proponent to statements made in response to this RFP.

The Proponent herby acknowledges that:

1. it understands and agrees with the RFP process as described in this RFP; and, in addition; and

2. verifies the information included in the Proposal is correct, and it has thoroughly reviewed, and has complied with the documents making up their Proposal, including all specifications.

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Appendix A - Project Team Members

CONTACT NAME & NUMBER

TITLE TYPE OF WORK

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Appendix B - Ability and Experience (References)

The Proponent shall provide below three (3) separate Customers other than the City having purchased a similar size and design of goods and/or services as specified herein for a previous three (3) year period from the issuance of this document.

REFERENCE # 1

Customer

Contact Name & Phone Number

Date of Purchase

Description of Goods or Services Provided

REFERENCE # 2

Customer

Contact Name & Phone Number

Date of Purchase

Description of Goods or Services Provided

REFERENCE # 3

Customer

Contact Name & Phone Number

Date of Purchase

Description of Goods or Services Provided

REFERENCE RELEASE FORM

I (authorized signatory for the submitting Firm) authorize the City to contact the person and/or organization listed on the ABILITY & EXPERIENCE FORM, for the purpose of obtaining information relating to the Project.

The City reserves the right to call references if in its sole discretion finds a need to do so.

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The City reserves the right to check other references other than listed herein.

Appendix C - Proposed Agreement for Licensing/Subscription, On-going Support and Maintenance

Provide your standard Agreement(s) for licensing / subscriptions and ongoing support and maintenance and label as Appendix C.

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Appendix D - Pricing Forms

Complete Software Pricing Table A or B that best fits the proposed software solution. Licensing can be priced as site licenses, named licenses or concurrent licenses, but must be clearly described and unit costs broken out. Given that the exact numbers of staff for each licensing type may change with rollout of the project, a fixed unit cost for named or concurrent licenses would be used to determine the exact cost as the software is rolled out.

Table A Subscription Pricing Table – 6 budget team users

Software Component Subscription Annual Subscription Component Total for Seven (7) YearsYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7

Total Price for Software for 7 Years

TOTAL Table BTable B Licensing Pricing Table – 6 budget team users

Software Component License Annual Licensing Component Total for Seven (7) YearsYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7

Total Price for Software for 7 Years

TOTAL Table C

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For Tables A and/or B include On-going Support, and Maintenance costs for the first seven (7) years.

Optional Future Expansion of Rollout. Complete Approximate Software Pricing Table C or D that best fits the proposed software solution. Licensing can be priced as site licenses, named licenses or concurrent licenses, but must be clearly described and unit costs broken out. This will not be part of the RFP pricing scoring.

Optional Table C Subscription Pricing Table – for 75 potential future users

Software Component Subscription Annual Subscription Component Total for

Seven (7) YearsYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7

Total Price for Software for 7 Years

Optional TOTAL Table COptional Table D Licensing Pricing Table – for 75 potential future users

Software Component License Annual Licensing Component Total for

Seven (7) YearsYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7

Total Price for Software for 7 Years

Optional TOTAL Table D

For Optional Tables C and/or D include On-going Support, and Maintenance costs for the first seven (7) years.

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Table E Implementation

As described in Section 5.0 Project Scope

Column: A B C D E F GActivity Name of Team

MemberHourly Rate Estimated

Number of Hours

Total Personnel Expense(C * D)

Reimbursable Travel/LivingExpenses

Total

(E + F)

TOTAL Table E

Provide hourly rates for all personnel. These hourly rates will be applicable to additional Work that may arise. Partial hours will be billed in 15-minute increments. Hourly rates quoted shall be fixed for the term of the Implementation Services Agreement.

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Table G – Pricing Summary – City of Nanaimo

Description Total

Total Component Price for Software Solution (Table A or B for 6 users only) for seven (7) years

Implementation – Table E

SUB TOTAL

PST (7%)

GST (5%)

TOTAL Table E

__________________________________ ________________________________Signatory Representative Signature

_____________________________________________Company Name

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