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HomeMy WebLinkAboutContract 29232 CITY SECRETAFJ��} Revised Proposal for: CONTRACT No. EMPLOYEE ASSESSMENT SURVEY Prepared for: FORT WORTH POLICE DEPARTMENT Fort Worth, Texas Submitted by: William G. Sirois Senior Vice President October 13, 2003 G. n Circadian Technologies, Inc. 24 Hartwell Avenues Lexington, MA 02421 EMPLOYEE ASSESSMENT SURVEY INTRODUCTION An Employee Assessment Survey will determine the experience, issues, and satisfaction levels with the current shift schedule. It will serve to establish how the employees feel about the schedule and what kind of refinements or improvements would be desirable and/or possible. The survey will also provide for an analysis on health, safety, performance and family issues which can be used to further assess the merits of the current schedule, as well as the level of efficiency it is providing. Moreover, this survey can be used long term to periodically monitor employee consensus and/or satisfaction levels, particularly when significant changes occur in the demographics of the work population. By design, the survey is anonymous and confidential to provide each employee and supervisor with the opportunity to freely express his or her feelings and experiences. It is also structured to factor out any aberrations and identifies false or inconsistent responses to ensure that the results are truly representative of the employee population. RECOMMENDATIONS Since studies of any kind invariably create expectation, it is important that the results are unambiguous and that they be communicated to all of the employees who participate. It is also advisable that strategic decisions be made beforehand as to what the management response should be if the data indicates the need for schedule refinement, major change or no change at all. There is a real opportunity to construct a win-win scenario, regardless of the outcome of the survey, with some forethought and planning. We will be happy to share the benefit of our experience and provide recommendations in this regard as part of the survey development process. The recommended core content for the survey would be as follows: 1. Demographics - age, gender, commuting distance, shiftwork experience, department,job classification, etc. 2. Family and Social Issues - marital status, child care needs, effects of schedule on quality time, domestic responsibilities, family events, etc. 02003 Circadian Technologies, Inc., All Rights Reserved 2 www.circadian.coni 3. Medical Health and Safety - current health status as measured by diagnostic index of heartburn, indigestion, high blood pressure, cholesterol, etc., problems with accidents or near misses both on and off the job, etc. 4. Performance Issues - sleep and alertness problems, fatigue, drowsiness, etc., factors that greatly diminish performance and cause human error. 5. Scheduling and Overtime Issues - experience to-date with the new schedule, satisfaction levels, performance issues, desire for modification, change, or status quo, etc., and the overall manageability of the schedule in terms of providing for relief coverage, training and communication. 6. Personal Comments - Blank page to allow employees to make whatever comments they wish about their experiences with the schedule, and/or their desire for changing or remaining on the current schedule. Once we have customized the survey contents together and you have determined a strategic plan for acting on the results, the following sequence of events are proposed: 1. The final synthesis of the survey is completed by CTI, and a supply of computer score sheets and instructions for completing the survey is provided to management and the task team, along with a computer disc and a hardcopy of the survey for reproduction and distribution. 2. The administration of the survey is conducted on-site by the Task Team, who provide a briefing for each group of officers about the purpose of the survey, and its value in providing them with a safe vehicle for expressing their honest feelings. Instructions on how to complete the questionnaire properly are also provided at this time. Note: The instructions for the survey and the reasons for taking it will be explained in a 1-page cover letter attached to the survey. If training is required so some officers can explain the survey, the training will be completed through a 1-hour teleconference with a CTI representative. 3. Establish timelines and procedures: The multiple choice survey will require approximately 1 hour to complete and must be taken under controlled conditions on-site to ensure spontaneity and avoid second guessing, political lobbying and/or peer and family pressure. Reasonable timelines should be established so that every employee (who is not sick or away on vacation) can be surveyed over a three week period of time, such that every office has an opportunity to participate and that no overtime cost be incurred by the 02003 Circadian Technologies, Inc., All Rights Reserved 3 www.eireadian.com Department. The completed computer score sheets, which are totally anonymous, are than collected and sealed in mailing envelopes and mailed to CTI's independent computer scoring service for processing. Appropriate care should be taken to eliminate any suspicion of impropriety from the minds of the employees. 4. CTI will then analyze and document the results of the computer scoring and prepare graphically illustrated charts and bar graphs to illustrate the overall group responses to each question. CTI will also distill the schedule satisfaction levels and performance improvements from the survey results. 5. The results are documented, forwarded to management for review, presented to the Command Staff, and distributed to the offices or placed in common areas for all to see. Such open communication validates the credibility of the survey results, and reinforces the sense of feeling of involvement on the part of the officers. TIMING AND COST Our fee for developing the post-implementation survey, analyzing, and documenting the results, is $10,500 plus any associated travel expenses for the on- site presentation (1 trip only) to present the survey results. This is billable upon project start and due and payable (net 15) upon completion and delivery of the results. Travel expenses will be billed separately. Note: Any additional costs are not expected but if some due arise, they will be discussed with the Forth Worth Police Department prior to any activity to receive authorization to proceed. The total turn-around time is typically 3-4 weeks from receipt of the completed survey score sheets and comments page. The on-site discussion and/or presentation of results by CTI to the Command Staff and the 1 hour training teleconference to a select number of officers is included in the fee (the on-site discussion will only be 1 trip). Note: If additional time and/or services are requested, the associated fees will be discussed at that time. PROJECT DELIVERABLES CTI will deliver a documented report illustrating our findings, conclusions, and recommendations based on an analysis of the survey results and will make a presentation of the results to the Fort Worth Police Department Command Staff. Note: This fee quotation will be honored for a period of 90 days from the date of this proposal. d ©2003 Circadian Technologies, Inc., All Rights Reserved 4 www.circadian.com STATE OF MASSACHUSETTS § COUNTY OF MIDDLESEX § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Massachusetts, on this day personally appeared ­ 1 ZjL)ria, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was for the purposes and consideration therein expressed, as the act and deed of the Circadian Technologies, and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ;73-d day of aC -pbe 2 , 20j23 . � Notary Public in and for the State of mos m f+ LORD ie. 22.2004 AGREEMENT Please confirm your acceptance of this proposal and confirm that this letter sets forth all of the terms of this engagement and constitutes the entire agreement and understanding by and between you and CTI, superceding all prior agreements and understandings either oral or written, by countersigning below and returning a copy to me. In addition, due to the reduction in cost for the assessment, the Fort Worth Police Department agrees to sign a letter, drafted by CTI, stating that the Department will consider supporting CTI in its effort to further research shiftwork adaptation by allowing CTI the opportunity to further survey the officers. This research study will be completed in 2004. Accepted by: Circadian Technolo,-ies, Inc. Ci o ortor )ZI � 4C vc�-,�rf /"f Susan Zahka Joe Pa agu CFO Assistant Cityanager Date: to 1311 d A3TMD BY Accepted by: Fort Worth Police Officer's Association Contract Authorization Jo I err Pre ent Date: Date Approved as to form and legality: A. City torney 4_------------------- ©2003 Circadian Technologies, Inc., All Rights Reserved 5 ` www.circadian.com STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John Darrell Kerr, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was for the purposes and consideration therein expressed, as the act and deed of the Fort Worth Police Officer's Association, and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER W HAND AND SEAL OF OFFICE this day Of 20c3 . e1,xr►oi;L DANIELLE FULTON `. Notary Public,State of Texas M-Commission Expires �hniary 20,zoos Notary Public in a d for the State of Texas STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paniagua, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - � day of 12003. ::otiPPY P��, ROSELLA BARNES 2' �`• NOTARY PUBLIC State of Texas `�leoFh;P'Comm. Exp.03-31-2005 Notary Public in and for the State of Texas FURTIVORTH Police Department Fiscal & Equipment Management Division Inter-Office Correspondence Date: October 9, 2003 To: Virgie Wade, Buyer ' From: Susan Alanis, Sr. Administrative Manager Subject: Contract with Circadian Technobg+es Attached is a proposed agreement with Circadian Technologies to perform a survey for the Fort Worth Police Department. The purpose of the survey is to determine satisfaction with current shift scheduling so management can evaluate alternatives. The Fort Worth Police Officers Association (FWPOA) selected a firm with extensive knowledge and research of the physiological effects of shift work on employees. The FWPOA and the Chief of Police have agreed to split the cost of this agreement. This represents a professional services agreement that is exempt from competitive bidding per chapter 252.022 of the Texas Local Government Code. The base contract cost is $10,500 plus travel expenses that are not expected to exceed $2,000. As a result, the City's obligation under this agreement will not exceed $6,250. A requisition has been entered into the system for the base contract amount of$10,500. The Police Department will be responsible for collecting the reimbursement for half of the costs from the FWPOA. I have reviewed this exemption request with Hugh Davis who has signed below to indicate his concurrence. Please let me know if you have any questions and when we may proceed with this agreement. Hugh Davis Assistant City Attorney FrontRanae > 5 0 L U T I O N S- END-USER END-USER MAINTENANCE AND SUPPORT AGREEMENT (Indirect Sale) Agreement Between: Date (M/d/yyyy): Sept. 16, 2003 The Licensor: FrontRange Solutions Inc. ("FrontRange Solutions") 1125 Kelly Johnson Blvd. Colorado Springs, CO 80920-3961 (800)776-7889 Fax: (719)536-0620 and WWW: http//www.frontrange.com The Licensee: City of Fort Worth (the"Customer") Install Address: 1000 Throckmorton Fort Worth TX 76102 Contact: Trisha Thomason Title: Human Resource IS Coordinator Telephone: 817.392.7798 Fax: 817.871.8869 HDA Number: E-mail: trisha.thomason(@fortworth o�q_ Solutions Partner Information: Solutions Partner Alliance Technology (or"SP") Address: 229 Red Bluff Drive Hickory Creek TX 75065 Contact: Kevin Engel Title: Partner Telephone: 940-321-6156 main 972-841-3980 mobile Fax: 940-321-6159 E-mail: kengelaalliancetechnet.com Maintenance and Support Term: Begins (M/d/YYYY)� 9/30/2003 Ends: (M/d/YYYY) 9/29/2004 Maintenance and Support For The Following Licensed Software No. Users HEAT& IHEAT 3 HEAT Self Service Per Server IMPORTANT NOTICE THIS END-USER MAINTENANCE AND SUPPORT AGREEMENT ("AGREEMENT") IS BETWEEN FRONTRANGE SOLUTIONS, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, AND CUSTOMER, AND MUST BE SIGNED ON THE LAST PAGE BY AN AUTHORIZED REPRESENTATIVE OF THE CUSTOMER. CUSTOMER ACKNOWLEDGES THAT PAYMENT TERMS FOR MAINTENANCE AND SUPPORT MUST BE ESTABLISHED SEPARATELY AND INDEPENDENTLY BETWEEN THE CUSTOMER AND SP, THAT THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND FRONTRANGE SOLUTIONS REGARDING THE MAINTENANCE AND SUPPORT SERVICES DESCRIBED HEREIN AND IS CONTROLLING, THAT THE TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN THE CUSTOMER AND SP ARE NOT BINDING ON FRONTRANGE SOLUTIONS,AND THAT SP IS NOT FRONTRANGE SOLUTIONS' AGENT AND IS NOT AUTHORIZED TO ALTER, AMEND OR MODIFY THE TERMS OF THIS AGREEMENT OR TO OTHERWISE GRANT ANY LICENSE OR OTHER RIGHTS RELATING IN ANY WAY TO THE LICENSED SOFTWARE. CUSTOMER ACKNOWLEDGES THAT ITS NONPAYMENT OF ANY AMOUNT DUE TO FRONTRANGE SOLUTIONS, SP OR ANY OTHER RELEVANT THIRD PARTY RELATING TO MAINTENANCE AND SUPPORT OR THE LICENSED SOFTWARE SHALL CONSTITUTE A BASIS FOR FRONTRANGE SOLUTIONS' TERMINATION OF THIS AGREEMENT. CUSTOMER FURTHER ACKNOWLEDGES THAT ITS FUTURE PURCHASE OF MAINTENANCE AND SUPPORT FOR ADDITIONAL PRODUCTS OTHER THAN THOSE SHOWN ABOVE, SHALL BE SUBJECT TO THE SAME TERMS AND CONDITIONS AS CONTAINED IN THIS AGREEMENT OR AS OTHERWISE AGREED TO AT THE TIME OF SUCH FUTURE PURCHASE. Rev.September 2002 End-User Maintenance and Support Agreement(Indirect Sale) Pagel of 3 1. End-User License Agreement Required. In order for Customer ("you" or "your") to receive and continue to receive "Maintenance" (as defined below) and "Support" (as defined below) for any FrontRange Solutions software product ("Licensed Software"),you must have a license under a current End-User License Agreement("EUTA")corresponding to each Licensed Software. This Agreement will automatically terminate as to each Licensed Software upon termination of the ELIIA corresponding to said Licensed Software. 2. Maintenance. Maintenance entitles you to receive updates, upgrades and new releases or versions of the Licensed Software, including updated documentation, at such time as FrontRange Solutions makes such updates, upgrades and new releases or versions available generally to its customers, as FrontRange Solutions may provide in its sole discretion without requirement of a separate license agreement, and without additional charge other than payment of the Maintenance and Support fees described herein. Maintenance does not include updates, upgrades and new releases or versions of any third-party software or related documentation included in the Licensed Software; such updates, upgrades or new releases or versions, if available, will be provided and/or billed separately. Maintenance does not include or pertain to any FrontRange Solutions products that are not part of the Licensed Software. Updates, upgrades and new releases or new versions of the Licensed Software provided through Maintenance, whether from FrontRange Solutions or a third-party other than FrontRange Solutions, shall be subject to the same terms and conditions of the applicable EULA. You must be party to a current maintenance and support agreement in order to purchase additional users of the Licensed Software and to also purchase new FrontRange Solutions products. 3. Support. (a) Support entitles you to telephone assistance at FrontRange Solutions' published number, and/or assistance via E- mail or other automated processes, with the Licensed Software. Support is currently available Monday through Friday, 6:00 a.m. to 6:00 p.m. MST. FrontRange Solutions will also provide after-hours support, via pager, for downed systems where the Licensed Software is inaccessible or inoperable to all authorised users. Additional after- hours support will be charged at FrontRange Solutions'then current rates and costs. The hours and days of support are subject to change at any time; provided that (i) FrontRange Solutions will provide advance notice of any change in the hours and days; and (ii) the total number of hours shall not be less than 40 in any regular work week (excluding holidays). Support will not be provided for each individual licensed user. Support will be provided only for those questions and issues forwarded to FrontRange Solutions from Customer's internal help desk support staff. FrontRange Solutions will attempt to answer your specific questions; however Support is offered to you on a best- efforts basis only, and FrontRange Solutions may not be able to resolve every request for Support. Support is provided for ongoing use of the Licensed Software; it is not intended to be a substitute for professional services or training necessary for the implementation or installation or system redesign of the Licensed Software. All other services, including without limitation,on-site assistance, custom programming, database and network administration, and custom designed reports and forms, may be furnished by FrontRange Solutions or your Authorized FrontRange Solutions SP subject to staff availability, and at FrontRange Solutions' or the SP's then current rates and costs. Support does not include or pertain to any FrontRange Solutions products that are not part of the Licensed Software. (b) FrontRange Solutions will only provide support for each of the Licensed Software for 18 months following the first public release of said Licensed Software, or, in the case of software products developed by FrontRange Solutions, for versions of the Licensed Software which are not older than one release prior to the lasted available Licensed Software version,whichever is longer, and provided in any case that Customer and FrontRange Solutions are parties to a current maintenance and support agreement. (c) Support entitles you to assistance (as described above) with certified database products, ODBC connections and BIDE native drive connections, if any, only as to issues that deal directly with the interface between the certified database software and the Licensed Software, or the set-up of the connections to the Licensed Software. Support does not include database software, ODBC or BIDE specific errors. (d) Except as otherwise provided, Support does not include any of the following: (i) supporting database products, including without limitation, set-up and configuration of database products; (ii) supporting the Licensed Software as it pertains to Customer's use of 'Beta' level or non-certified versions of database products; (iii) resolving network,workstation or environmental errors not directly related to the Licensed Software; (iv) supporting any Licensed Software on computers, workstations or servers using 'Beta' level or non certified versions of operating systems; (v) supporting the set-up of stored procedures or triggers and replication of SQL databases; and (vi) supporting any Licensed Software being used in a manner for which it was not designed. (e) It is your responsibility to make and maintain adequate back-ups. In no event will FrontRange Solutions be responsible for lost data. 4. Term/Termination. Maintenance and Support are offered on an annual basis only, and must be prepaid at the beginning of Rev.September 2002 End-User Maintenance and Support Agreement(Indirect Sale) Page 2 of 3 the term, at FrontRange Solutions' then current renewal rates and costs. Failure to pay FrontRange Solutions any amount due under this Agreement may result in suspension of your Maintenance and Support. If you renew your Maintenance and Support with FrontRange Solutions in subsequent years by paying the applicable fee upon being invoiced, you agree to be subject to the same terms and conditions as contained in this Agreement or as otherwise agreed upon at the time of renewal. Orders for additional products or licensed users may increase your fees under this Agreement. If your Maintenance and Support is interrupted as a result of expiration or otherwise pursuant to the terms and conditions of this Agreement, a reinstatement fee will be charged to you if you decide to purchase another Maintenance and Support term. Such reinstatement fee will not exceed 110% of the total amount of the maintenance and support fees which You would have paid for the lapsed period. As provided above, this Agreement will automatically terminate upon any termination of your corresponding EULA. If FrontRange Solutions breaches this Agreement, and such breach is not cured within one month after FrontRange Solutions receives written notice of such breach, you shall be entitled to receive a pro rata (based on the Term remaining after receipt of said written notice)amount of the monies paid under this Agreement. The foregoing shall be Customer's exclusive remedy for FrontRange Solutions'breach of this Agreement. 5. Limited Warranty and Disclaimer. FrontRange Solutions warrants that the professional services and maintenance and support services provided to Customer under this Agreement shall be performed with due care, and in a professional and workmanlike manner. FrontRange Solutions does not otherwise warrant the accuracy or completeness of support services provided pursuant to this Agreement. IN NO EVENT, UNDER ANY THEORY OF LAW, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORT, SHALL EITHER PARTY AND/OR ITS AFFILIATES BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF A PARTY AND/OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Severability. If any of the provisions, or portions thereof, of the Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the contract to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged. 7. Whole Agreement. This Agreement constitutes the entire agreement between you and FrontRange Solutions related to the subject matter hereof, and all additions, amendments or modifications of this Agreement shall be binding upon the parties only if the same shall be in writing and duly executed by you and a duly authorized representative of FrontRange Solutions. THE TERMS AND CONDITIONS OF ANY CORRESPONDING PURCHASE ORDER RELATING TO THE LICENSED SOFTWARE OR MAINTENANCE AND SUPPORT ARE ONLY BINDING ON FRONTRANGE SOLUTIONS IF THEY ARE AGREED TO IN WRITING IN ACCORDANCE WITH THE PRIOR SENTENCE AND IN A DOCUMENT OTHER THAN THE PURCHASE ORDER. 8. Miscellaneous. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement. In the event you assign your corresponding EULA to a third-party in accordance with the provisions thereof,you may assign this Agreement to the same third-party provided that you provide written notice of such assignment to FrontRange Solutions. FrontRange Solutions may freely assign this Agreement to a purchaser of that portion of FrontRange Solutions' business to which this Agreement relates, to the surviving corporation in the event of a merger, and to any affiliate or third-party whom FrontRange Solutions authorizes to provide maintenance and support services for the Licensed Software of the nature contemplated hereby. BY SIGNING THIS AGREEMENT, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. Date: Signature (Required Name: A' ` Title: r �` p�LEGA!1TY: Af ROVED ASTO F e City t- Rev.September 2002 End-User Maintenance and Support Agreement(indirect Sale) Page 3 of 3