The Vendor agrees to hold ________, its officers, agents and employees harmless and to defend and indemnify _____, its agents and employees from and against any and all claims, demands, damages, liabilities and causes of action of every kind and character, in any way incident to, arising out of, or in connection with any acts or omissions of the Vendor or any agent, employee, subcontractor, or supplier of the Vendor. The Vendor also agrees to hold harmless and indemnify _____, its officers, agents and employees from any and all expenses of whatever kind including attorney’s fees incurred in litigation or administrative proceedings or otherwise resulting from such claims, suits, demands action of every kind and character brought by employees, agents, or others of either the damages, liabilities and causes of action of every kind and character occurring from, in any way incident to, arising out of, or in connection with the activities to be performed by Vendor hereunder. Further, the Vendor agrees to hold harmless and indemnify _____ from and against any and all claims, demands, damages, liabilities and causes of Vendor or _____ due to personal injuries or injuries of whatever sort and/or the death or disability of such employees, agents, or others resulting from any alleged negligent act of commission or omission on the part of Vendor.
The indemnities contained in the Agreement shall survive the termination of the Agreement for any reason whatsoever.
12. Liability For Damage To Property And Injuries To Persons
Damage to Facilities and Suppliers
The Vendor shall be liable for all damages caused by the Vendor, the Vendor’s employees or agents, and the Vendor’s subcontractor(s), in connection with any performance pursuant to this Contract.
B. Injuries to Persons
The Vendor shall be responsible for injury to persons caused by the negligence of the Vendor, its employees or agents, its subcontractor(s), and supplier(s) including any delivery or cartage company.
13. Insurance
Vendor shall procure and maintain at his expense, during the term of this contract and any extensions thereof to include any period after the term of this contract during which the Vendor continues to provide services to _____________. Such insurance coverage as may be required by _______ to include the evidence of the following insurance coverage continuously during the Service Period:
General public liability insurance covering all duties, service and work to be performed by Vendor for ______________. The insurance policy shall provide for aggregate coverage of at least $1,000,000 with limits of liability for each occurrence of at least $500,000 and personal injury liability coverage of at least $1,000,000 $500,000. The policy shall also provide for property damage coverage of at least $1,000,000 $500,000 per occurrence. If motor vehicles are used by Vendor on behalf of ___________ during the Service Period, Vendor shall provide coverage for those vehicles and drivers in an amount at least equal to the amounts required for general public liability.
Workers compensation insurance coverage as required by the laws of the State of Virginia but coverage of at least $500,000 for each person/accident, and $500,000 for each person/disease.
If not covered in the above policies, fire and theft coverage in the amount of at least $100,000 per person/occurrence is required.
Conditions of Insurance Policies:
Insurance shall be effective and evidence of acceptable insurance furnished prior to commencing operations under this contract. The Vendor shall furnish __________ evidence of required insurance, certified true copies of liability policies, and manually countersigned endorsements of any changes thereto.
14. Security And Confidentiality
The Vendor shall comply with all applicable federal and state statutory and regulatory provisions requiring that information be safeguarded and kept confidential. The Vendor will also comply with _____ policy, including the Confidentiality Policy, attached as Form B.
Information obtained by the Vendor in the performance of the Contract shall be used only for the purposes of carrying out the provisions of this Contract. Inspection by or disclosure of any such information to anyone other than an officer or employee of the Vendor or ____, other than for the purposes of carrying out, and in accordance with, the provisions of this Contract, shall require prior written approval of _____.
The Vendor shall immediately notify ____ both verbally and in writing if any data in the Vendor’s possession is subpoenaed or improperly used, copied, or removed (except in the ordinary course of business) by anyone except an authorized representative of ____. The Vendor shall cooperate with _____ in taking all steps, as _____ deems advisable and/or necessary, to prevent misuse, regain possession, and/or otherwise protect the ____ rights and the data subject’s privacy.
The ____ "Information Security Policy" and " Information Security Policy Acknowledgment” is attached hereto (Forms B and C) and shall incorporated herein and made a part of the Contract. _____ will provide the Vendor with access to the referenced _____ Information Security Manual. The Vendor agrees to execute a copy of the Information Security Policy and will thereby agree to abide by its provisions and responsibilities. Further, all personnel of the Vendor performing work or services at the ______ site shall sign the Acknowledgment form prior to the start of services.
The requirements of this Security section shall be included in all subcontracts. The obligations of the Vendor under this Security section shall survive the Contract.
23. Records Retention And Inspection
Vendor shall retain all financial records, supporting documents, statistical records, and any records or books relating to the performances called for in the Contract. Vendor shall retain all such records for a period of five (5) years after the expiration of the term of the Contract, or until _____ is satisfied that all audit and litigation matters are resolved, whichever period is longer.
24. Civil Rights
The Vendor agrees that no person shall, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, be excluded from the participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds available under the Contract.
25. Auditing
Auditing personnel from _______ and external auditors (state and independent) as authorized by ______ shall be allowed access to all data relating to the services provided under this Agreement.
26. Alterations, Additions And Deletions
Any alterations, additions, or deletions to the terms of the Contract shall be by an amendment in writing and executed by both ____ and the Vendor.
IV. GENERAL CONTRACT INFORMATION- PART II
1. Contract Term
Any contract pursuant to this RFP shall be for a term of three (3) years from the date of award.
2. Renewal
____ reserves the right to renew this service for up to three (3) additional two (2)-year
periods. Such extensions will be made in writing upon mutual agreement prior to the
expiration of this contract.
3. Termination
Cause/Default
If the Vendor fails to provide the contracted services according to the provisions of this Contract, or fails to comply with any of the terms or conditions of this Contract, _____ may, upon written notice of default to the Vendor, immediately terminate all or any part of this Contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or under this Contract.
Change in Federal or State Requirements
If Federal or State laws or regulations or other Federal or State requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract and if the parties cannot agree to an amendment that would enable substantial continuation of the Contract, the parties shall be discharged from any further obligations under this Contract.
Rights Upon Termination or Expiration of Contract
In the event that the Contract is terminated for default, or upon its expiration, ____ shall retain ownership of all associated data and documentation with any order that results from or is associated with this Contract in whatever form that they exist.
4. Amendments To Contract
A. With Vendor’s agreement, _____ may at any time, by written order designated or indicated to be a Purchase Order Change Notice (POCN), make changes within the general scope of the Contract, including but not limited to changes:
In the specifications;
In the manner of performance of the work; or
Directing acceleration in the performance of the work.
B. If any change causes an increase or decrease in the Vendor’s costs of any part of the work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly.
6. Pricing
Pricing for all services and/or deliverables provided shall be firm and shall be as stated on the Pricing Form, Form A. Prices shall be inclusive of all costs associated with providing the services documented in this RFP.
7. Warranty
Vendor shall warrant all work performed for correctness and functionality for a period of the contract. The Vendor shall correct any issues with the work, at no cost to _____, during the contract period.
8. Acceptance, Invoicing, And Payment
Acceptance
______’ acceptance of the Post-call Survey Project will be based on successful implementation and successful (99% service level) functioning for a one (1)- month cycle, including requested transcribing and reporting. In the event of changes made to the ____ survey, _____’ acceptance of those changes will be based on successful implementation and successful (99% service level) functioning for a one (1)- month cycle, including requested transcribing and reporting.
____ will make payment each month for the actual services provided in the
previous month. Vendor shall provide detailed documentation of costs.
B. Invoicing
Invoice shall include ______’ Contract Number, the Vendor’s federal employer identification number, and remit to address. _____ will not be liable for any performances rendered or obligations incurred on behalf of _____ by the Vendor prior to the execution of the Contract.
____ will not be liable for the payment of any sales, use, or other taxes incurred by the Vendor in acquiring any goods or services as a part of any work called for under this Contract nor will _____ be liable to reimburse the Vendor for same.
Vendor shall submit an original invoice to:
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Attn: Accounts Payable
__________________
__________________
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C. Payment
______ will make payment each month for the actual services provided in the
previous month. Vendor shall provide detailed documentation of costs.
Payments will be made within the provisions of the Prompt Payment Act. Payments will be made 30 days after receipt of Vendor’s correct invoice.
V. TECHNICAL SPECIFICATIONS
Vendor shall design, implement and operate a flexible and customizable real-time post call telephone survey in order to measure satisfaction with our services, as described below. Program must be a managed service, fully hosted turnkey operation, including the entire data collection and survey calibration process.
Vendor shall combine real-time post-call automated telephone surveying with a survey calibration process to effectively, fairly and accurately generate accountabilities at the individual level, including all required processes and procedures. There shall be no need for _____ to supply personnel (e.g., research staff, reporting analysts or transcriptionists), software or hardware in addition to _____’ existing infrastructure.
Vendor’s voice data collection tool must be flexible and able to accommodate various and simultaneous surveys.
1. Summary of Key Objectives
To meet the key objectives of the _____ Post-call Survey Project, the Vendor shall:
A. Assess current _____ infrastructure and make recommendations for the telephone survey.
Research and document all business requirements for the post-call telephone survey.
C. Design a post-call telephone survey that is functional and easy for callers to use.
D. Assess ____’ options for the ability to provide selected telephone survey information in Spanish.
Test and implement post-call telephone survey.
Implement survey calibration process to ensure reliable and accurate survey data.
Design and provide monthly cleansed data reports that fit the needs of ____.
2. Call Center and Infrastructure
______ currently has ____ call center(s) with approximately ____ agents. Hours of operation are _______ to ______, ________ through _______.
The current _____ Telecom Infrastructure is illustrated below in Diagram 1.
Vendor shall work with current ______ technology configuration and advise _____ on how such systems must be configured to execute the project plan. Vendor’s data collection tools shall be fully hosted proprietary systems that do not require additional hardware to be purchased by ____.
Diagram 1:
3. Project Schedule and Change Management
Upon award, Vendor shall provide a detailed project time line to ____ for conducting the initial survey, detailing the project from start to finish, including milestones and deliverables.
Changes to the established project time line and any other changes shall be formalized in writing through a Purchase Order Change Notice (POCN) submitted to Vendor. As necessary, Vendor may alter the time line and deliverables to account for impacts attributed to change requests.
4. Survey Design
Vendor shall work with _____ staff to design an external quality monitoring post-call survey program to be integrated into ____’ existing Quality Program. Vendor’s program will include a survey instrument of several questions to be answered on a numeric scale that will allow participants to respond using a telephone keypad. On variables to be mutually determined, callers will have opportunities to leave verbal feedback regarding their satisfaction with the organization, call, agent and/or problem/issue. Vendor shall provide validation of caller survey scores. Transcriptions of feedback shall be provided to _____ as separate reports issued to ____ at regular intervals, to be determined by ____.
5. Real-Time Alerts
Design shall include real-time customizable e-mail alerts to notify key project shareholders of defective performance and follow-up requests in, at a minimum, the following circumstances:
If caller indicates that a problem was not resolved on the call
If caller rates overall service low, based on a predetermined threshold number
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