HomeMy WebLinkAbout280012 MARKET DECISIONS - CONTRACT - RFP - 2207939 P853 MARKET RESEARCHPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and MARKET DECISIONS LLC, hereinafter referred to as
'Professional'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and
incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within ten (10) days following execution
of this Agreement. Services shall be completed no later than February 28, 2003. Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by the
parties hereto.
3. Early Termination by City. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
Professional:
City:
With Copy to:
Market Decisions, LLC
City of Fort Collins
City of Fort Collins
Attn: Curtis Mildner
Purchasing Dept
Attn: Opal Dick, Senior Buyer
One Park SQ 85 E St.
215 N. Mason
PO Box 580
South Portland, ME 04106
Fort Collins, CO 80521
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
4. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits.
5. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
according to the following schedule:
Hourly billing rates: Per attachment "B" consisting of three (3) pages and incorporated
herein by this reference.
Reimbursable direct costs: Per attachment "B" consisting of three (3) pages and incorporated
herein by this reference.
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Thirty Two Thousand Four Hundred Thirty Seven Dollars ($32,437). Monthly partial
payments based upon the Professional's billings and itemized statements of reimbursable direct
costs are permissible. The amounts of all such partial payments shall be based upon the
Professional's City -verified progress in completing the services to be performed pursuant hereto
and upon the City's approval of the Professional's reimbursable direct costs. Final payment
shall be made following acceptance of the work by the City. Upon final payment, all designs,
plans, reports, specifications, drawings and other services rendered by the Professional shall
become the sole property of the City.
6. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
7. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
8. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
9. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
10. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
11. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
12. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
14. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
THE CITY OF FORT COLLINS, COLORADO
By. -4S C%(1zL4
me B. O'Neill II, CPPO, FNIGP
Director of P rchasing & Risk Management
DATE:
Market De ' ion/,, LLC;
By: �� (�f
Title: )[?A.Il t
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: lD-3/-O- —
ATTEST:
(Corporate Seal)
Corporate Secretary
Exhibit "A"
1.1.Scope
1. Design and conduct research for Fort Collins Utilities. Upon agreement with
Fort Collins Utilities, conduct telephone research with 400 residential customers
and 200-400 commercial customers. Interviews will be 15-20 minutes in
length.
2. Upon completion of telephone interviews, tabulate and analyze data.
3. Prepare report that provides a summary of key findings, question by question
report, with summary, policy implications, and appropriate appendices.
Exhibit "B"
Cost Breakdown
This exhibit includes additional services should those services be required. Services
will not be considered under this contract without an authorized change order and a
notice to proceed.
RESIDENTIAL/CONSUMER
Fixed Professional Services
Survey design, programming into interviewing software, response tabulation, data coding and
tabulation, preparation of cross tabulations by demographics, statistical analysis, and report
preparation and on -site presentation: $7,800. Travel expenses additional.
Variable Field Services
Average Length (minutes)
# of completes
10
12
15
18
20
400
$6,463.00
$7,697.00
$9,550Q O
$11,402.00
$13,050.00
600
$9,694.00
$11,546.00
$14,325.00
$17,104.00
$19,068.00
800
$12,925.00
$15,400.00
$19,100.00
1 $22,805.00
$25,387.00
Note: our proposal called for a 15-minute residential survey: $7,800 plus $9,550 for a total of
$17.062.00.
BUSINESS
Fixed Professional Services
Survey design, programming into interviewing software, response tabulation, data coding and
tabulation, preparation of cross tabulations by demographics, statistical analysis, and report
preparation, and on -site presentation: $7,400 (78 Hours)
Average Length
(minutes)
# of completes
10
12
15
18
100
$2,645.16
$3,126.22
$3,589.00
$4,395.54
200
$5,290.32
$6,252.44
Q(
$8,791.07
300
$7,896.00
$9,332.00
$10,767.00
$13,121.00
Note: our proposal called for a 15-minute business survey: $7,400 plus $7,178 for a total of
$14,580.00.
Focus Groups
RESIDENTIAUCONSUMER
Per Group
Per pair of groups (a minimum
of two groups per topic is
recommended)
Develop moderators guide, moderate groups,
prepare report. Includes audio taping of groups.
$1500
$3,000
Recruit participants
$720-900
$1,440-1,800
Project coordination
$100
$ 200
Facility rental (conference room) and food**
$ 250
$ 500
Videotaping**
$125
$ 250
Incentives (assume 10 of 12 recruited show)
$500
$1,000
Total
$6,390- $6,750
*Recruiting fees vary but are generally within the $60 (general population) and $75 (specific
age or demographic groups only).
** Expenses are billed as incurred. These estimates are typical.
BUSINESS
Per Group
Per pair of groups (a minimum
of two groups per topic is
recommended)
Develop moderators guide, moderate groups,
prepare report. Includes audio taping of groups.
$1500
$3,000
Recruit participants
$900-1200
$1,800-2400
Project coordination
$100
$ 200
Facility rental (conference room) and food**
$ 250
$ 500
Videotaping**
$125
$ 250
Incentives** (assume 10 of 12 recruited show)
$750-1000
$750-1,000
Total
$6500- 7350
*Recruiting fees vary but are generally within the $75 (general small business) and $100
(specific business types, or management positions) range.
** Expenses are billed as incurred. These estimates are typical.
Travel Expenses
Assume 1.5-day in office visit to Ft Collins. Expenses billed as actually incurred.
Item
Per day
Airfare (advance purchase)
$300-500
Car rental
$35
$135
Airport parking, mileage
$100
Food
$30
$ 60
Lodging* (if necessary)
$.50
s.9 9
Prefer to stay with friends and relatives at no charge.
Staff Rates
Hourly rates for additional research services are provided below.
Curtis Mildner
$125.00
President
Dr. Brian Robertson,
$100.00
Research Director
Dr. Vilma Galubickaite
$75.00
Research Associate
Noy Sinakatham
$75.00
Research Associate
Jennifer MacBride
$35.00
Research Assistant
Burt Parker
$50.00
Associate