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HomeMy WebLinkAbout133766 VANTAGE MARKETING - CONTRACT - CONTRACT - 2208691SERVICES 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 Vantage Marketing Research, Inc. hereinafter referred to as "Service Provider". W ITNESSETH: 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 Service Provider 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 June 30, 2003. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. 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 Service Provider. 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: SA 10/01 City: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: Vantage Marketing Research, Inc. 8724 W. Quatro Ave. Littleton, CO 80128 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Thirteen Thousand Two Hundred Fifteen Dollars ($13,215). Cost Breakdown is attached Exhibit "C" 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. 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 SA 10/01 2 City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warran . (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 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 thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 parry'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, SA 10/01 agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) pages, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. 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. SA 10/01 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By, Jam s B O'Neill II, CPPO, FNIGP Direr of Purchasing and Risk Management Date: / ATTEST: �p 1 City Clerk APP E T FORM: Assista Cil At orney Vantage Marketing Research, Inc. By: ct m-es /L, ES%-elmall PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: � 6 ATTEST: (C orate S al) CORP ATE SECRE A SA 10/01 Exhibit "A" SCOPE OF WORK Vantage Marketing Research Inc, will update, administer, conduct, quantify and tabulate the results of a Citizen Service/Quality of Life Survey. City staff will create a survey designed to assess the objectives identified by the City Council, City Manager and the Executive Lead Team The new survey will utilize past City surveys and draw from other sources. 3,C41:Ri. 9111kTIe: The City of Fort Collins conducted Citizen Quality of Life Surveys in 1979 and 1986/87, a Quality of Services Survey in 1988 and a Quality of Life Survey in 2000. The new survey will draw from these past surveys and also include new areas for consideration. 1979 and 1986/87 Citizen Quality of Life Survey — looked at citizens' perceptions of the quality of life in Fort Collins based on several factors: quality of services provided by each department, economic conditions, taxes, growth, etc. Additionally, the surveys sought out recommendations for improvements and opinions on methods to pay for additional services if needed. The 1986/87 survey covered the above factors more extensively than the 1979 survey. 1988 Quality of Services Survey - was a simple survey that had the citizen rate specific services in each department, rank capital projects, and prioritize funding sources. Noticeably, there is a large time gap between the two Quality of Life Surveys. The City has recently placed a renewed emphasis on two-way communication with its citizens and recognizes that survey information will be a valuable tool for gathering and tracking citizen input and opinions. The City intends to conduct an annual Citizen Quality of Life Survey to remain responsive to the public" needs. Additionally, the timing of the survey will enable City staff to use the information gathered as part of a biennial budgeting process. SERVICES TO BE PROVIDED The consultant will work with City staff to accomplish the following objectives: 1. Review the proposed survey questions to ensure that they adequately assess the objectives identified by the City Manager and Executive Lead Team. 2. Review the format to most efficiently and effectively survey the citizens of Fort Collins: a. Assure that the questions are asked correctly and will lead to a quantified, statistically valid outcome. b. Recommend the best method of survey and how to establish a random sample. The consultant will be solely responsible for the following tasks: 1. Conduct the survey and tabulate and summarize the results into a final report. 2. Provide recommendations on how the City can use the survey data to improve City services and enhance public outreach and communications. SA 10/01 EXHIBIT "B" INSURANCE REQUIREMENTS The Service Providerwill provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem properand may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10/01 City of Fort Collins 2003 Citizen Survey Cost Estimate Required Tasks Required Tasks Performed by Vantage Marketing Research, Inc. Item Quantity Rate Item Cost Totals Project Management) 6 $85 $ 510 $ 510 Questionnaire Design and Layout 15 $85 $1,275 $1.275 Sample Total Analysis and Report $3 825 Required tasks that may be performed by the City at the City's option. The costs below will apply if these tasks are performed by Vantage Marketing Research, I nc. Item Quantity Rate Item Cost Totals Questionnaire Printings 1,800 $ 028 $ 504 Outbound Postage6 1,800 $ 0.60 $1 080 Mail Preparation 1,800 $ 0.175 $ 315 Total Cost Per Mailing (May be performed by City or Vantage) $1 899 This estimate does not include the cost of business reply envelopes, return postage, or envelopes used for outbound mailing. The "Total Cost per Mailing" is for each wave of mailings. This estimate assumes that pre -notification cards are not used 1 Includes meetings and Email and telephone correspondence with client and any subcontractors or vendors. Cost of travel and any long-distance telephone charges are included in the hourly rate. 2 Cost of randomly selecting units from CSU student housing and integrating with Fort Collins household sample. 3Includes data entry, data coding and data editing 4Assumes one bound copy and one electronic version of report. 5Assumes 2-color, six -page, 1 1x1 7 single fold with 8.5x11 insert. 6Assumes questionnaires, cover letters and return envelopes mailed in 10x13 envelopes. 7 Includes stuffing envelopes and applying labels. SA 10/01 8 City of Fort Collins 2003 Citizen Survey Cost Estimate Optional Data Collection Tasks and Costs We estimate that a 25 percent response rate can be achieved without using prenotification cards or follow-up to the initial survey mailing. We do not, however, guarantee a specific response rate. Either of the options below, along with survey pre notification cards, can be used to achieve a higher response rate. The cost for these optional tasks would be in addition to the cost of required tasks. Pre -notification cards Printing $ 300 Postage $ 450 Total $ 750 Option 1 : Second wave of questionnaire mailing to households that do not respond Printing, Postage and Mail Preparation8 Total Optional Reporting Tasks and Costs The estimated cost of required tasks includes one bound copy of the written report and one electronic copy that the City can use for reproducing the report. Additional report copies will be billed at actual cost. Copying charges will vary, depending upon report length, and use of color. Presentation of the survey results to City Council or other groups will be billed at $680 for each presentation. This figure includes all materials, preparation and travel. a Assumes a response of 200 households with second mailing to 1,600 households. gAssumes a response of 200 households with calls made to 1,600 households. Unit cost is $2 per household. SA 10/01