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HomeMy WebLinkAboutSURVEYCONNECT - CONTRACT - CONTRACT - SURVEYCONNECT INCSERVICES 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 SurveyConnect, Inc., hereinafter referred to as"Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 3. Contract Period, This Agreement shall commence upon signing and shall continue in full force and effect until September 30, 2006, unless sooner terminated as herein provided. 4. 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 sich condition. 5. 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 January 2005 ACORA CERTIFICATE OF LIABILITY INSURANCE 06iizji6) PRODUCER (303)442-1484 FAX (303)442-8822 Taggart & Associates, Inc. 1600 Canyon Boulevard P. 0. Box 147 Boulder, CO 80306 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED SURVEYCONNECT, INC. 2960 DIAGONAL HWY STE 202 BOULDER, CO 80301 INSURERA: Phoenix 25623 INSURER B: INSURER C: INSURER D: INSURER E: rnVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE rX OCCUR I6809038W361PHX06 06/01/2006 06/01/2007 EACH OCCURRENCE $ 1,000 00 DAMAGE TO RENTED PRFMiqF IF,$ 300OO MED EXP (Any one. person) $ 5 OO PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE S 2,000,00( GEHL AGGREGATE LIMIT APPLIES PER: POLICY jEC El LOC PRODUCTS - COMP/OP AGG 3 2,000,00( AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - FA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ EXCESSNMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR(PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? K yes, describe under SPECIAL PROVISIONS below WCSTATU- OTHFIR- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Fort Collins, Purchasing P.O. Box S80 Fort Collins, CO 8OS22 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORUED REPRESENTATIVE Robben Roe CTC/RLR +�•`'$�. ACORD 2s r2oo1roa), FAX: (303)938-401S nArnon rnDDAGATInM 40,00, City: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: SurveyConnect, I nc. Attn: Marcie Levine 2960 Diagonal Hwy, Suite 202 Boulder, Colorado 80301 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. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract with a maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Five Thousand Dollars ($5,000) in accordance with the fee schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 7. 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. 8. 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. 9. 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. SA January 2005 2 10. 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 City under this Agreement or cause of action arising out of performanceof this Agreement. 11. Warranty. (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. 12. Default. Each and everyterm 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. 13. 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. SA January 2005 3 14. 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. 15. 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 injuryto persons and property: n c. Without limiting any of the%cor ce rovidler'ss obligations hereunder, the Service Provider shall provide and maintain insurance ge naming the City as an additional insured under this Agreement of the type and with the limi ecified within Exhibit C, consisting of one (1) page, attached hereto and incorporated h ein 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. 16. 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. 17. 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 January 2005 4 CITY OF FORT COLLINS, COLORADO a municipal corporation Jame B O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: SurveyConnect, Inc. By: 1iM U,Q "A- 1. M q ✓ CA"g- LIJ � PRINT CORPORATE PRESIDENT OR VICE PRESIDENT Date: 41 l2-d O C.0- ATTEST: (Corporate Seal) CORPORATE SECRETARY SA January 2005 EXHIBIT "A" A. Overall City of Ft. Collins Employee Satisfaction Assumptions We have made several assumptions in developing the pricing and time estimates. In an effort to be entirely clear about expectations, roles, etc., we always share these assumptions with our clients. This, in turn, facilitates the development process and decreases the number of "surprises" that pop up along the way. Should any of our assumptions prove to be incorrect, price and time quotes may require modification. 1. Languages needed: English. 2. The site will be branded with the Ft. Collins name and logo. 3. Survey respondents will be able to access the site using Internet Explorer (version 5.0 or higher) or Firefox browsers. 4. No software installation is needed on servers or computers at the City of Ft. Collins. 5. No site trips are included in this proposal, but can be scheduled at additional cost if requested. 6. The survey will be deployed in March, 2006. 7. The City of Ft. Collins holds clear copyright on all intellectual property and media supplied to SurveyConnect, or has received legal permission from the copyright holder for this use. 8. The City of Ft. Collins will provide at least one person to work closely with the SurveyConnect team during this process. 9. This person will have sign -off authority and will respond to all deliverables in a timely manner. B. City of Ft. Collins Employee Satisfaction Survey Process 1. City of Ft. Collins Employee Satisfaction Survey Design • The City of Ft. Collins will lead in the design of this employee satisfaction survey. The survey will be a copy of the 2002 survey, with minor modifications. • The employee satisfaction survey will contain up to 50 questions grouped under specific topics. • There will be up to six demographic questions. • There will be no open-ended comment questions. • There will be approximately 1,200 employees requested to take the survey. • This proposal assumes a 55% response rate. • The survey will need to be taken in one sitting. • No skipping/branching patterns will be needed in the survey. 2. City of Ft. Collins Employee Satisfaction Survey Administration • The City of Ft. Collins employee satisfaction survey will be distributed via the Web, on a website hosted by SurveyConnect. • The site will stay live for up to three weeks. • The City of Ft. Collins will: • Supply SurveyConnect with instructions and introduction text to be placed on the survey site. Provide SurveyConnect with an electronic version of their logo and other graphics for the survey website. Organize the communication plan for employees. SA January 2005 6 Notify employees with the URL of the survey. There will be no login or password needed for the invitees to access the survey. Take first -line support calls. • SurveyConnect will: Load and format the survey and instructions on the website. Collect the data on an ongoing basis. Take second -line support calls/emails from up to two City of Ft. Collins survey administrators. Provide a response count two times per week while the survey is live. Complete data entry of up to 25 hard -copy surveys. • Provide City of Ft. Collins with a project manager and a second contact. The raw data for the survey will be sent to the City of Ft. Collins as an Excel or tab -delimited file. In addition, an overview report for the total population of the survey will be generated. This overview report with list the question text, the count and percent responses, the mean score and the standard deviation for each question. SurveyConnect will also generate a report comparing the mean scores from the last deployment of the survey (in 2002) to the responses from this year. SA January 2005 7 EXHIBIT "B" Fee Schedule Overall City of Ft. Collins Employee Satisfaction Survey Costs: *$1,500 *100% of costs due upon execution of this contract City of Ft. Collins Employee Satisfaction Survey Additional Options OPTION COST The City of Ft. Collins will add up to two $200 per open-ended comment open-ended comments questions to the question. survey. Additional reports or customizable options $ 150/hour, with an estimate provided prior to work being started SA January 2005 EXHIBIT "C" INSURANCE REQUIREMENTS 1. The Service Provider will 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 proper and 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 Liab ty insurance with limits of $100,000 per accident, $500,000 dise a gregate, 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 January 2005