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HomeMy WebLinkAboutResolutions - 2024.08.07 - 41393 AGENDA ITEM: Amendment to Contract with Carahsoft Technology for Qualtrics Platform DEPARTMENT: Board of Commissioners MEETING: Board of Commissioners DATE: Sunday, August 11, 2024 8:08 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4365 Motion to approve a contract amendment with Carahsoft Technology to extend the contract term and increase the contract amount by $982,650 to utilize the Qualtrics platform for the Community Transit Modern Polling Program; further, the FY 2024-2027 budget is amended as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Contract Brendan Johnson INTRODUCTION AND BACKGROUND On November 8, 2022, the citizens of Oakland County approved the transit millage to be levied at a maximum rate of .95 mills for a period of 10 years beginning in 2022. Oakland County is committed to offering safe, affordable, and equitable transportation options for residents and visitors to improve quality of life, promote vibrant communities, and encourage economic vitality in local cities, villages and townships. To provide an efficient delivery of services and continue to support county transit objectives, Oakland County will solicit feedback through the Qualtrics platform through a listen, understand, and act approach. POLICY ANALYSIS Through the Carahsoft Technology contract, Oakland County is able to utilize the Qualtrics platform through its web-based survey tool. Under this amendment, the county would be implementing resources and ongoing technical support to assist with identified transit opportunities assessing ridership experiences, areas for improvement, and broader community sentiment on the subject. With the Qualtrics XM for Customer Experience Suite, Oakland County can easily engage with constituents through surveys, digital forms, email outreach, SMS outreach, QR codes, offline app capabilities, social media integrations, and more. Interactions, demographics, and feedback can all be analyzed by advanced analytics tools, visualized in role-based dashboards that can be customized to county, department, and services. By leveraging the Qualtrics directory, the county can also monitor how community support for various issues/services shifts over time. For the immediate transit efforts, ridership experience will be captured across various channels, ranging from online scheduling experiences and online fare paying experiences, to QR code feedback options posted at stops/on busses, and more. Robust research and surveying tools will be leveraged to build ongoing feedback panels with different community stakeholders on the issues that matter to them. The proposal for transit surveys would measure public satisfaction and user experience, including the following categories: reliability, affordability, and accessibility. Costs for the program include licensing, implementation, and ongoing support. The proposal is for 3- years, broken down as follows: • Year 1 Total - $335,550 • Year 2 Total - $343,550 • Year 3 Total - $303,550 BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Chief of Staff at 248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional information. CONTACT David Woodward, Commissioner Brendan Johnson, Commissioner ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 8/1/2024 AGENDA DEADLINE: 08/11/2024 6:00 PM ATTACHMENTS 1. Economic Development - Amendment to Contract with Carahsoft Technology for Qualtrics Platform (Schedule A) 2. Oakland County Proposal Executive Summary 3. Board Version Oakland County Transit Support Program Options 4. Carahsoft CON00008391 CO-09X - signed 5. Qualtrics (original) COMMITTEE TRACKING 2024-08-01 Oakland County Transit - Refer to Economic Development and Infrastructure 2024-08-01 Economic Development & Infrastructure - Recommend to Board 2024-08-01 Full Board - Adopt Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Linnie Taylor Yes: David Woodward, Penny Luebs, Karen Joliat, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (16) No: None (0) Abstain: None (0) Absent: Michael Gingell, Michael Spisz, Kristen Nelson (3) Passed Oakland County, Michigan ECONOMIC DEVELOPMENT - OAKLAND COUNTY TRANSIT DIVISION - AMENDMENT TO CONTRACT WITH CARAHSOFT TECHNOLOGY FOR QUALTRICS PLATFORM Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2024 Amendment FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment E Oakland Transit Transit Services FND58800 CCN1090802 SC730373 PRG172155 730000 Contracted Services 55,920 336,890 336,880 252,960 E Oakland Transit Transit Services FND58800 CCN1090802 SC796500 PRG172155 796500 Budgeted Equity Adjustment (55,920)(336,890)(336,880)(252,960) Total Expenditures ---- Oakland County Qualtrics Proposal Executive Summary: This proposal is designed to provide Oakland County enterprise access to the Qualtrics platform in a manner that will support county objectives, ranging from transit ridership experience programs to county-wide constituent feedback collection, and more. The proposal will provide Oakland County with unlimited users to the Qualtrics XM for Customer Experience Suite enabling Oakland County to leverage the platform for Community Transit Modern Polling and Ridership Experience Programming. The proposal also includes implementation resources and ongoing technical support to specifically assist with identified transit opportunities assessing ridership experiences, areas for improvement, and broader community sentiment on the subject. The Qualtrics Methodology Let machine learning tools analyze the data in real time to uncover critical trends and findings. Don’t wait days or weeks for staff and statisticians to analyze everything manually any longer. Get answers to your questions right away so that you can spend your time in a more meaningful way… Build a holistic picture of constituent sentiment & feedback by automatically documenting feedback and interactions. Remove roadblocks to participation so that more residents can engage in an equitable way. Listen Act Understand Design with – not just for – people. ACT! Use constituency data to strategically align with resident priorities and needs. This can be applied to transit ridership experiences as well as any other department services and interactions. // QUALTRICS 2023 // COMPANY CONFIDENTIAL + Frontline ResponseBusiness Optimization AC T Trends & Alerts Root Cause & Drivers Quality Management Customer Engagement Prioritized Response Closed Loop CFM Insights Discovery Enterprise Reporting Continuous Improvement The Qualtrics Platform: Listen Equitably with Intent to Understand and Act Operational Data Data WarehouseSurveysChatE-mailsMessaging DigitalCalls Forums & Reviews Speech & Text Analytics Social Analytics Operational AnalyticsSurvey Analytics LI S T E N Industry Models Multilingual Native NLP Experience Feedback Analytics: XM Optimized, AI Powered NLU Emotions, Effort, & Empathy Sentiment Analysis Entity & Intent Detection Conversation Analytics Predictive DriversUN D E R S T A N D Theme Detection Workflow Integrations Intelligent Scoring Online Forms Meet your constituency where they are on their terms. ●Multiple modalities for listening and communicating is a proven method for increasing community engagement and Qualtrics can help support all of the above channels ●WCAG2.0AA accessibility certifications enable individuals with disabilities to engage as easily as anyone else ●70+ Language Translations open doors to hear from more constituencies With the Qualtrics XM for Customer Experience Suite Oakland County can easily engage with constituents through surveys, digital forms, email outreach, SMS outreach, QR codes, offline app capabilities, social media integrations, and more. Interactions, demographics, and feedback can all be analyzed by advanced analytics tools, visualized in role-based dashboards that can be customized to your county, department, and services. By leveraging the Qualtrics directory you can also monitor how community support for various issues/services shifts over time. Automated workflows and analysis help to minimize manual efforts for staff, ensure time/cost savings for the county, ease-of-use, and adoption across county departments. The most advanced market research and analysis tools in tech will ensure that Oakland County knows just how much support their services, policies, and messaging have from the community they serve in real time. // QUALTRICS 2023 // COMPANY CONFIDENTIAL + PRICING PROPOSAL New Investment/Allocation Year 1 Tech: $214,746 Success Package: $40,804 Implementation: $80,000 Year 1 Total - $335,550 Year 2 Tech: $254,746 Success Package: $48,804 Implementation: $40,000 Year 2 Total - $343,550 Year 3 Tech: $254,746 Success Package: $48,804 Implementation: $0 Year 3 Total - $303,550 Final Notes: This proposal enables Oakland County to capture critical, real-time data insights across specific county services and strategic operations. For the immediate transit efforts, we will capture ridership experience across various channels, ranging from online scheduling experiences and online fare paying experiences, to QR code feedback options posted at stops/on busses, and more. We will also leverage robust research and surveying tools to build ongoing feedback panels with different community stakeholders on the issues that matter to them. Imagine having a daily pulse of polling data on how Oakland County residents feel about public transit. That is what this proposal will supply. The 2023 Oakland County Transit report opens with the following quote: “Oakland County’s first annual transit report is a testament to our commitment to establish a reliable, affordable, and accessible public transportation system that responds to the diverse needs of our county’s residents.” In order to continue this commitment, the County must understand, through ongoing feedback and data, the experiences and expectations of riders and the broader community. This is achieved through listening to their thoughts and experiences at scale, understanding important trends and themes, and acting in a timely manner to reflect the wants and needs of the community. That is what Qualtrics provides as the world’s leading customer experience management platform. Total Investment *This includes the New Investment and what Oakland County is already investing in Qualtrics Year 1 Tech: $554,020 Success Package: $110,804 Implementation: $80,000 Year 1 Total - $744,824 Year 2 Tech: $594,020 Success Package: $118,804 Implementation: $40,000 Year 2 Total - $752,824 Year 3 Tech: $594,020 Success Package: $118,804 Implementation): $0 Year 3 Total - $712,824 Qualtrics 2024 Community Transit Modern Polling Programming April/May 2024 // QUALTRICS 2023 // COMPANY CONFIDENTIAL Public sector leaders use Qualtrics Let machine learning tools analyze the data in real time to uncover critical trends and findings. Don’t wait days or weeks for staff, statisticians, or pollsters to analyze everything manually any longer. Get answers to your questions right away so that you can spend your time in a more meaningful way… Build a holistic picture of constituent sentiment & support by automatically documenting and facilitating constituent interactions. Remove roadblocks to participation so that more residents can engage in an equitable way. Listen Act Understand XM Approach to Change Design with – not just for – people. ACT! Use constituency data to strategically align with voter priorities and/or modify messaging to garner greater support for important policies - transit expansion // QUALTRICS 2023 // COMPANY CONFIDENTIAL Frontline ResponseBusiness Optimization AC T Trends & Alerts Root Cause & Drivers Quality Management Customer Engagement Prioritized Response Closed Loop CFM Insights Discovery Enterprise Reporting Continuous Improvement file:///Users/treyh /Downloads/163 1907580_Indigov %20-%20Price%2 0Catalog.pdf The Qualtrics Platform/Model: Listen Equitably with Intent to Understand and Act Operational Data Data WarehouseSurveysChatE-mailsMessaging DigitalCalls Forums & Reviews Speech & Text Analytics Social Analytics Operational AnalyticsSurvey Analytics LI S T E N Industry Models Multilingual Native NLP Experience Feedback Analytics: XM Optimized, AI Powered NLU Emotions, Effort, & Empathy Sentiment Analysis Entity & Intent Detection Conversation Analytics Predictive DriversUN D E R S T A N D Theme Detection Workflow Integrations Intelligent Scoring Online Forms Listen - How we monitor experiences across channels Program Options ●Press Release (Include QR Code, Link, and Text@) ●Digital Feedback Panels (Email & SMS engagements) ●Paid Research Services Panels ●Social Media Surveying ●Posted QR Code Posters/Signage/Cards ●Digital Lobby Displays/Feedback Screens ●Video Feedback/Analytics ●Offline App, on-transit polling ●Offline App, canvassing ●Website Intercepts ●Community Mailers with links, QR codes, and Text@ codes ●IVR Outbound Call Surveying ●Web behavioral analytics on Oakland County domains - trigger intercepts, feedback panel sign ups, and educational information. ●Social Media Data Mining ●Call Recording Analytics ●Email Analytics ●Chat Analytics ●Forums and Reviews Integrations & Data Analytics ●Frontline Feedback (Employee Idea Boards) Transactional - Point in time interactions that provide an immediate opportunity to collect thoughts and feedback: Visits to County Buildings, Riding on Public Transit, Accessing information online, when someone buys transit passes, etc. Relational - Town Halls, Newsletters, Community events, Commissioner outreach, Transit Office outreach, County Executive outreach, etc. Periodic/Seasonal - Budget Constant Sum & Stack Ranking Surveying (during budgeting season), Seasonal Outreach (how opinions may vary when it is colder outside), etc. // QUALTRICS 2023 // COMPANY CONFIDENTIAL Constituent Records Residents LAST RATING Detroit Troy Grand Rapids Flint Ann Arbor Ypsilanti ●Segment your contact lists and feedback panels based on criteria you care about - demographics, transit utilization, support levels, region, etc. ●Understanding support and constituent journeys at scale - how does support shift over time? Test Content & Messaging with Robust Survey Features - A/B Testing Gather reactions, preferences, priorities, etc. WHAT IS it ●Gather pin-pointed feedback through 100+ varieties of question types ●Identify which messages, educational efforts, and outreach are more impactful on driving behavior and support across key audiences. ●Point-and-click setup allows for nimble self-service and faster time to insights Outcomes Our industry leading survey platform unlocks a variety of research and testing use cases that help you identify which messages resonate better with your key audience(s). “We should be rethinking our transit plans to reflect how much things have changed. Expanding the system without first determining what transit mix best serves the needs of the new commuter risks wasting resources.” Deepen Engagement with AI Give the community buy-in and allow them to express their preferred transit expansion opportunities The Proposal Assessing the Landscape The Cliff Notes: ●Passage of the 10-year .95 millage has reshaped the Oakland County Public Transit Landscape and is providing huge opportunities to revolutionize the status quo. ●There are 5 core providers all with slightly different backgrounds as well as organizational and government structures (501c3, local governance, regional, etc.) ○It easiest to approach SMART as an entity unto itself. Given the size, structure, and history of the organization, this will be the most difficult entity to influence. This is a longer-term play but we can begin efforts immediately. ○The outlying 4 have almost exclusively supported highly-contained, local transit for disabled populations, the elderly, lower-income residents, and in some cases veterans. Recently, as a result of the millage and the Oakland County Transit Office’s efforts, these other entities have begun to pilot rides for the general public. Announcements, fares, and registration processes so far vary, but efforts to standardize fares and other areas are underway. Assessing the Landscape (Cont.) The Cliff Notes (Cont.): ●Immediate action (generally uncommon in government) has resulted in fast improvements across the county. There are successes to communicate, but there is still much more work to be done. ●Ridership remains notably low. ○The largest provider is averaging 1 rider per route mile. This singular statistic could serve as an argument against expanded public transit efforts. This needs to be reversed. Simple math (based on data from the report) indicates that on average a fixed route bus will have 12.5 people on it over the duration of an hour (20% of the available seating), and this is not all at once, but over time. ○Fixed route transit utilization is not accelerating at the same rate as demand response and we should delve into what the key drivers and detractors are in this space. ●Little clarity on how much community feedback has been involved in expansion and improvement efforts. Seems like a handful of community meetings have been held and “Smarter Mobility” only has 113 responses. Immediate Thoughts & Reactions 1.Short Term vs. Long Term Efforts (aka Partnership vs. Persuasion) 2.Community-Led vs. Consultant-Led 3.Rider Experience vs. Community Transit Sentiment (& the Venn Diagram) 4.Researching Consolidation or at least Standardization across 4 providers a.Anybody can make up a dozen reasons to keep doing things the same way, but there are always better reasons to change. b.Collect feedback from the riders of the 4 (WOTA, NOTA, OPC, PEX) on quality of services, problems, etc. and there are a few likely scenarios: i.CSAT will be lower for some providers, providing sufficient justification to merge organizations. ii.CSAT will be fairly equal across the board, in which case nobody is providing a better or worse overall experience and so no one community should be nervous about a decrease in service if other providers are more involved in their lives via a merger iii.People could be frustrated by needing to coordinate with multiple organizations to get where they need to go, when they could just coordinate with one organization. c.All of the above potential scenarios warrant research and broader data collection efforts. What is most important across county transit efforts are the experiences and outcomes facing the residents. Where do we start? Starting with your Commitment “Oakland County’s first annual transit report is a testament to our commitment to establish a reliable, affordable, and accessible public transportation system that responds to the diverse needs of our county’s residents.” -Dave Coulter, County Executive Reliable For something to be Reliable it requires Consistency (Repeatability in Measures) Measure Operational Metrics Experience vs. Expectation Timeliness On-time arrivals, on-time drop offs, route efficiency, etc.●“How often do you feel your pickup is on-time?” ●“How would you prefer to be notified when busses are running late?” ●“What is an acceptable wait time that would convince you to ride public transit? Costs Cost consistency across routes, cost consistency across providers, etc. ●“At what price are you more likely to ride public transit?” ●“Have cost increases in the prices of gasoline or rideshares ever influenced you to ride public transit?” Routes Changes in routes offered.●“What route expansions would convince you to ride public transit?” ●“How many route transfers is acceptable to get from your starting destination to your end destination?” Organization(s)Number of parties involved.●“How many different transit organizations do you interact with in a given month?” ●“How do your experiences with different transit providers vary?” Process Paying fares, purchasing passes, scheduling on-demand rides, etc. ●“How easy is it to pay your transit fares?” ●“How easy is it to schedule a ride through [name]?” Security Safety and feelings of safety waiting for- and using public transit. ●“How safe do you feel while waiting at bus stops?” ●“How safe do you feel while riding public transit?” Staff Interactions Friendliness, welcoming, respectful, etc. ●“How friendly is your driver?” ●“Does your driver greet you warmly when you board?” ●“Does your driver treat you with respect?” Cleanliness Tidiness, litter, graffiti, etc. ●“How clean are the vehicles?” Accessibility Access, comfort, etc. (Ex: Bowel Troubles, Wheelchair Accessibility) ●“Are our vehicles and facilities accessible to persons with varying abilities?” ●“How well do our vehicles accommodate your respective disability or disabilities?” Affordable Relativity is critical in determining affordability. It is equally important to consider affordability in terms greater than the mere monetary value of transit fare. Cost - Transit fare is one metric that needs to be considered in determining affordability, however it is not an isolated metric. Transit fare needs to be considered in a broader context: How does affordability vary across demographics? How is affordability determined in the context of other available options (personal vehicle, rideshare, cycling, carpooling, etc.)? To what extent does transit fare impact broader public support and/or utilization? Opportunity Cost - How do people value their time relative to financial costs? What are circumstantial influences on a person's decision to choose public transit over other, more-direct options (purpose of movement, flexibility in schedule, etc.)? Millage Cost - How do members of the public feel about paying for public transit that they do not use or rarely use? How does that sentiment change when they also need to pay a fare? How does sentiment evolve over time? How does increased awareness of transit evolutions/opportunities in the region influence sentiment? Accessible Accessibility metrics are rooted in two primary camps - audience and equity. Audience - When discussing accessibility the conversation is almost always focused solely on persons with disabilities and special needs. This is because this population has been underrepresented and underserved throughout the course of human history. However, the risk we run with a hyper-focus on this population is overshooting the mark and still, ultimately, alienating this audience. The true practice of accessibility is to make information, services, and environments usable for as many people as possible, and to make it as equitable as possible. This is why it is critically important that we put accessibility efforts in the context of respective audiences. Not all special needs are the same. Not all people with disabilities face the same obstacles. This is true when we think about people without disabilities as well. Utilitarianism is not an achievable goal, it is a continuous endeavor that places ongoing community feedback and needs at the heart of unending evolution. Equity - In some circumstances, people need to be treated differently in order to provide meaningful equality of opportunity. Neither “equality” nor “equity” guarantee equality of outcomes. Equity efforts are in service of equality of opportunity, not outcomes. Public transit “equality of opportunity” will be assessed differently by different audiences based on what they prioritize. This is why it is critical to design public transit offerings in a resident-centric, XM-oriented manner. The Implementation Community Sentiment Rider Experience Step 1: Research Services Panel Geographically targeted digital polling effort with Qualtrics contact lists. Start with the Status Quo because people are familiar/comfortable with it. Step 2: Digital Experience Analytics & Intercept Engagements Track digital behavior on Oakland County domains and trigger digital engagements with audiences based on behaviors and quotas. Step 3: Social Media Surveying Push surveys out through social media profiles at the County (Transit Office, Economic Development, Exec., BoC). Step 4: Proactive Digital Polling Panels Drip campaigns to select audiences from existing Oakland Qualtrics Directory contacts. Filter 665K contacts by demographic factors and target feedback through small samples. Use this initial outreach to invite people to recurring feedback panels. Step 5: Social Media and Review Site Data Mining Scrape online reviews and social media posts for conversations and trends around transit and transportation more generally. NOTE: Important Considerations Warranting Further Discussion on Following Slide Step 1: Standardize CSAT Measurements All Transit Providers should be measuring customer satisfaction and sentiment using the same metrics. Step 2: Standardize Other Data Schemas Across Providers An inevitable challenge with multiple providers is it allows for messier data standards. Step 3: Signage at Bus Stops and on buses w/ QR Codes Step 4: All business cards, postage, fridge magnet-style items include QR codes, Text@ codes, etc. Step 5: Embed DXA and Qualtrics Intercepts on Provider websites This will give the providers and Oakland insights into registration, scheduling, navigation challenges. Step 6: Dispatch Feedback Multiple options here: Post call SMS/email, Post-Call IVR survey, Call Recording Analysis. Step 7: On-transit Canvassing The Qualtrics Offline App can collect data without any internet connection. Step 8: Video Feedback Story Collection You can use video feedback to also tell success stories more publicly. Push on socials. Overlap Overlaps An Underlying Question Behind Every Action Support Lines - How do we expand and not contract? What actions will bring more people into the support camp? Which will push people out? SUPPORTERS Disability-based Need Economic-based Need Age-based Need Doesn’t Possess a Driver’s LicenseDoesn’t Own a Vehicle Environmentally Conscious More Time Conscientious Routes-to-Needs Alignment Hours-to-Needs Alignment Rough Timeline Month 3 (CS) Step 3 - Integrate social media accounts with Qualtrics. Draft engagements and possibly integrate Messenger. (RE) Steps 1.3 & 2.3 - Ensure at least one provider on board and ready to go. (CS) Step 4.3 - Drip Campaign Digital Polling Panels. Launch outreach to first demographic segment. The idea here is to target small batches (a few hundred) at a time over the weeks and months. Ask for folks to sign up for ongoing feedback panels - this is the greenlight to continue engagement with those who agree. We will simultaneously target new folks every couple of weeks as well. The point is ongoing data collection and the beginning of a community dialogue. Month 4 (CS) Step 4.4 - Continue Drip Polling. Continue funneling data into real-time dashboards. (CS) Step 4.5 - Begin expanded survey efforts and engagements with newly formed digital transit panels (think of this as an ongoing virtual town hall). (RE) Step 3 - Send QR Codes to bough-in Transit Providers to post on signage, bus stops, vehicles, etc. These will link directly to standardized rider feedback surveys maintained by the county and filterable by provider. (RE) Step 4 - Send QR Codes and Text@ codes to bough-in Transit Providers to post on business cards, schedules, etc. These will link directly to standardized rider feedback surveys maintained by the county and filterable by provider. Month 1 (CS) Step 1 - Survey Design & Community Research Services Panel Prep (RE) Step 1 - Standardize Provider (and Oakland) CSAT Measures & Approach Providers about Rider Experience Programming. Considerations: -Financial Incentives? -Contract Amendment? (CS) Step 2 - Embed Qualtrics Javascript on Oakgov.com header for DXA & Intercept Capabilities. Begin intercept engagement design. (RE) Step 2 - Standardize Operational Data Schema Requirements for Providers (CS) Step 4 - Clean and copy existing Directory contacts into Transit Division Directory Month 2 (CS) Step 1.2 - Launch First Panel & Analyze Real-Time Feedback (CS) Step 2.2 - Launch DXA and Web Intercepts on Oakgov.com. Analyze real-time feedback, route residents to information as needed, begin building transit feedback panels. Use this as possible incentive/practice for provider sites. (CS) Step 4.2 - Segment Transit Division Directory into target lists and prioritize. (RE) Steps 1.2 & 2.2 - Partnership and Persuasion efforts with providers. Draft Plans A & B for partners in preparation of their reactions. Considerations: -These efforts will take time. -First Panel Data and Web Engagements should be leveraged to demo value and push direction. -Will need to navigate the politics. Best move is to emphasize value to participants. Note: If you think this is an aggressive timeline it is worth remembering that last year Oakland County spent $139K per day on expanding transit. This program ensures partner accountability and community alignment with that investment. Rough Timeline (Cont.) Month 7 (CS) Step 4.7 - Launch A/B Testing with new segments. (RE) Step 6 - Investigate and Discuss Dispatch data collection options and preferences. Determine tech ecosystem with providers on how their dispatch efforts currently function. Facilitate conversations around this. (CS) Step 5 - Discuss social media data mining interests and appetite. If there is appetite, discuss feasibility. Overlap - Discuss budget polling? Allow riders and the broader community to stack rank investment preferences? Beyond Note: These programs are designed to be agile in order to align with rapidly changing scenarios and public sentiment. We could outline the remaining steps from the earlier slides, we could incorporate greater nuance and additional options/considerations, but the truth is that going further than this with the timeline becomes increasingly difficult and, ultimately, antithetical to the objectives of this program. We need to leverage community sentiment and ride experience data to craft how the program evolves and anything beyond this becomes consultant-led when we are aiming to be community-led. Reevaluation and a willingness to pivot is going to be important and we will always root it in data. Month 5 (RE) Step 5 - Embed DXA and Qualtrics Intercepts on Provider websites. Overlap - Begin reviewing data during standing and group meetings with partners. Overlap - Analyze and compare operational data with experience data (and further break that down by RE & CS). (CS) Step 4.6 - Take a deeper cut of digital transit panels. Further segment the audiences based on previous feedback and key areas of interest. Begin crafting A/B Testing Communication options to gather feedback on preferences. Month 6 Buffer Month. This will be in the winter. It is entirely possible that not every provider will move along with us/this at the same time/pace. For that reason, it is important to be aware that some of these efforts may stagger. Anticipating this and giving ourselves time to reset in/for 2025 is the smart move. Costs Year 1 Total Licensing, Implementation, & Ongoing Support Costs Tech: $214,746 TAM: $40,804 Implementation: $80,000 Year 1 Total - $335,550 Year 2 Total Licensing, Implementation, & Ongoing Support Costs Tech: $254,746 TAM: $48,804 Implementation: $40,000 Year 2 Total - $343,550 Year 3 Total Licensing, Implementation, & Ongoing Support Costs Tech: $254,746 TAM: $48,804 Implementation: $0 Year 3 Total - $303,550 AMENDMENT OF CONTRACT 008391 Page 1 Rev September 2023 I.T. AJK AMENDMENT OF CONTRACT 008391 AMENDMENT 09X AMENDMENT DATE: June 18, 2024 This AMENDMENT OF CONTRACT (hereafter this "Amendment") is made and entered into by and between the Contractor named and identified below, (hereafter “Contractor”) and the COUNTY OF OAKLAND (hereafter “County”) whose address is 2100 Pontiac Lake Rd, Waterford, MI 48328. CONTRACTOR ADDRESS Carahsoft Technology 11493 Sunset Hills Rd Ste 100 Reston, VA 20190 Vendor Number: 11962 The County and Contractor agree and acknowledge that the purpose of this Amendment is to modify the Contract as provided herein and otherwise continue the present contractual relationship between the Parties as described in their current contract with the same contract number as above. The Parties hereby agree to amend the current Contract as follows: 1.0 The County and Contractor agree that any and all defined words or phrases in the current Contract between the parties will apply equally to and throughout the Amendment. 2.0 The Parties agree that any and all other terms and conditions set forth in the current Contract between the Parties shall remain in full force and effect and shall not be modified, excepted, diminished, or otherwise changed or altered by this Amendment except as otherwise expressly provided for in this Amendment. 3.0 Description of Change: 3.1 The Contract Expiration Date is changed from 06/30/2024 to 06/30/2025. 3.2 The Not to Exceed (NTE) amount is increased by $431,000. 3.3 In addition to and without limiting any of Contractor’s obligations or duties under the Contract, Contractor shall provide County with the Deliverables (goods and/or services) provided in the attached Exhibit A (Scope of Deliverables) for the prices and terms provided therein, which is included and incorporated into this Amendment and Exhibit VII (Scope of Contractor Deliverables/Financial Obligations) of the Contract. 3.4 County shall remit payment for the Deliverables to Contractor’s third-party reseller, Carahsoft. County shall be deemed to have paid Contractor when County makes payment(s) to Carahsoft. Contractor is responsible for obtaining County’s payment(s) from Carahsoft. AMENDMENT OF CONTRACT 008391 Page 2 Rev September 2023 3.5 Due to vendor name and tax ID number change, Oakland County is issuing a new contract number to Carahsoft Technology. The old contract number 008391 will be replaced by 010927 The old supplier number 17796 will be replaced by 11962 Supplier name changed from Qualtrics LLC to Carahsoft Technology For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in the Contract and this Amendment, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the County, and Contractor and by doing so legally obligate and bind the County and Contractor to the terms and conditions of the Contract and this Amendment. THE CONTRACTOR: SIGN / DATE: Qualtrics LLC THE COUNTY OF OAKLAND: SIGN / DATE: Paula S Reyes, Chief of Purchasing cmk $# '' *( 5Ҋ*'*)җ 0)рчѶспсурпѷфсҘ PLFKeOOe -RPe]FRORQ 0' 4 .җ 0)рчѶспсурпѷфтҘ 6aXOa 8e\eV Government Price Quotation Qualtrics at Carahsoft 11493 SUNSET HILLS ROAD | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | QUALTRICS@CARAHSOFT.COM TO:Wendy Pucher Purchasing County of Oakland 1200 N Telegraph Road Bldg. 49W Pontiac, MI 48341 USA EMAIL:pucherw@oakgov.com PHONE: (248) 858-5486 FROM:Michelle Gomez-Colon Qualtrics at Carahsoft 11493 Sunset Hills Road Reston, Virginia 20190 EMAIL:Michelle.Gomez-Colon@carahsoft.com PHONE: (571) 662-3354 FAX: (703) 871-8505 TERMS:FTIN: 52-2189693 Shipping Point: FOB Destination Remit To: Same as Above Payment Terms: Net 30 (On Approved Credit) Cage Code: 1P3C5 DUNS No: 088365767 UEI: DT8KJHZXVJH5 Credit Cards: VISA/MasterCard/AMEX Sales Tax May Apply QUOTE NO:40116702 QUOTE DATE:07/26/2023 QUOTE EXPIRES:06/28/2024 RFQ NO: SHIPPING:ESD TOTAL PRICE:$430,815.53 TOTAL QUOTE:$430,815.53 LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 1 CX-FOUND-BUNDLE CX Foundational, Digital, Guided Success Qualtrics, LLC Start Date: 07/01/2024 End Date: 06/30/2025 $430,815.53 OM 1 $430,815.53 SUBTOTAL:$430,815.53 TOTAL PRICE:$430,815.53 TOTAL QUOTE:$430,815.53 *** Please reference the Carahsoft Quote Number 40116702 and N30 payment terms on a resulting purchase order. Includes: Customer Experience Foundation - Users : 150 Foundation - Responses : 50,000 Implementations Guided Success Package Success Package - XM Success Management Success Package - Platform Optimization Support Success Package - Certifications 5 Success Package - Enterprise Support Other CX Use-Case Simplified Digital Feedback 10 Foundation - Platform Cost CONFIDENTIAL PAGE 1 of 1 QUOTE DATE:07/26/2023 QUOTE NO:40116702 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 1 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com Buyer: AJK CONTRACT NUMBER: 005423 Event # 004322 CONTRACT between the COUNTY OF OAKLAND and CONTRACTOR The Parties agree to the attached terms and conditions: FOR THE CONTRACTOR: SIGN: FOR THE COUNTY: SIGN: SIGN: Contract Administrator Pamela L. Weipert, CPA, CIA, Compliance Officer or Scott N. Guzzy, CPPO, MBA, Purchasing Admin Not To Exceed Amount: $33,750.00 Effective Date: 7/1/2018 Expiration Date: 6/30/2021 Contract Description: Web Based Survey Tool - P Contractor Information: Contract Administrator: Qualtrics LLC 333 W River Park Dr Provo, UT 84604 Vendor No: 17796 Compliance Office Purchasing Information: Contract Administrator Oakland County Using Department: Buyer: Edward Tucker Sr OAKLAND COUNTY 2100 Pontiac Lake Rd Bldg 41W Waterford, MI 48328-0462 248-858-0511 purchasing@oakgov.com Rachel Shymkiw PH Administrator 1200 N Telegraph Rd Bldg 34E Pontiac, MI 48341 248-452-2151 shymkiwr@oakgov.com aec Rachel M Shymkiw (Jul 16, 2018) Rachel M Shymkiw Scott N. Guzzy (Jul 16, 2018) Scott N. Guzzy OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 2 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com This Contract is organized and divided into the following Sections for the convenience of the Parties. Section 1. Contract Definitions Section 2. Contract Term and Renewal Section 3. Contract Administration and Amendments Section 4. Contract Termination Section 5. Scope of Deliverables and Financial/Payment Obligations Section 6. Contractor’s Warranties and Assurances Section 7. Liability Section 8. Contractor Provided Insurance Section 9. Intellectual Property and Confidentiality Section 10. General Terms and Conditions §1. CONTRACT DEFINITIONS The following words when printed with the first letter capitalized shall be defined and interpreted as follows, whether used in the singular or plural, nominative or possessive case, and with or without quotation marks: 1.1. “Amendment” means any change, clarification, or modification to this Contract. 1.2. “Business Day” means Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding County designated holidays. 1.3. “Claims” means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 1.4. “Confidential Information” means all information and data that the County is required or permitted by law to keep confidential and “Proprietary Information” as defined herein. 1.5. “Contract” means this document and any other documents expressly incorporated herein. 1.6. “Contractor” means the entity or person listed under “Contractor” on the first page of this Contract. 1.7. “Contractor Employee” means any employee; officer; director; member; manager; trustee; volunteer; attorney; licensee; contractor; subcontractor; independent contractor; subsidiary; joint venturer; partner or agent of Contractor; and any persons acting by, through, under, or in OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 3 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com concert with any of the above, whether acting in their personal, representative, or official capacities. Contractor Employee shall also include any person who was a Contractor Employee at any time during the term of this Contract but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.8. “Contract Documents” mean the following documents, which this Contract includes and incorporates: Exhibits (Applicable if Checked) 1.8.1. ☒ Exhibit I: Contractor Insurance Requirements 1.8.2. ☒ Exhibit II: Business Associate Agreement (Health Insurance Portability and Accountability Act Requirements) 1.8.3. ☐ Exhibit III: Federally Funded Contract Requirements 1.8.4. ☐ Exhibit IV: License for Use of County Servicemark 1.8.5. ☐ Exhibit V: Software License(s) 1.8.6. ☐ Exhibit VI: Acknowledgement of Independent Employment Status 1.8.7. ☒ Exhibit VII: Scope of Contractor Deliverables/Financial Obligations 1.9. “County” means the County of Oakland, a Municipal and Constitutional Corporation, its departments, divisions, authorities, boards, committees, and “County Agents” as defined below. 1.10. “County Agent” means any elected and appointed officials; directors; board members; council members; commissioners; employees; and volunteers of the County; whether acting in their personal, representative, or official capacities. “County Agent” shall also include any person who was a “County Agent” anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and in that capacity. 1.11. “County Data” means information or data provided by County to Contractor in the performance of this Contract, including, but not limited to any personally identifiable information such as names, e-mail addresses, passwords, phone numbers, and home or business addresses. County Data includes Confidential Information as defined in this Contract. 1.12. “Day” means any calendar day, which shall begin at 12:00:00 a.m. and end at 11:59:59 p.m. 1.13. “Deliverables” means goods and/or services provided under this Contract, whether tangible or intangible, and may be more specifically described in the Exhibits. 1.14. “Effective Date” means midnight on the date listed on the first page of this Contract. 1.15. “Expiration Date” means 11:59.59 p.m. on the date listed on the first page of this Contract. 1.16. “E-Verify” means an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 4 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com Information and the registration process are found at the E-Verify website: https://e-verify.uscis.gov/enroll. 1.17. “Intellectual Property” means any developments, improvements, designs, innovation, and materials that may be the subject of a trademark/servicemark, copyright, patent, trade secret, or Proprietary Information. 1.18. “Iran-Linked Business” is defined in the Michigan Compiled Laws (MCL), specifically MCL 129.312, being Section 2 of Public Act 517 of 2012. 1.19. “Not to Exceed Amount” means the dollar amount listed on the first page of this Contract, unless amended. The “Not to Exceed Amount” is not the County’s financial obligation under this Contract, but the maximum amount that can be paid to Contractor during the term of this Contract. 1.20. “Proposal” means Contractor’s response or bid to the County’s Request for Proposal, Request for Qualifications, or Request for Quotes. 1.21. “Proprietary Information” means ideas, concepts, inventions, and processes related to the development and operation of computer software and systems such as source code, object code, security procedures, and passwords. 1.22. “Purchase Order” means the County’s written request to Contractor for Deliverables pursuant to this Contract. The Purchase Order may include terms regarding delivery schedule, payme nt, and transportation. 1.23. “Purchasing” means the Purchasing Unit of the Oakland County Compliance Office. §2. CONTRACT TERM AND RENEWAL 2.1. Contract Term. This Contract shall begin on the Effective Date and shall end on the Expiration Date. 2.2. Contract Renewal. Unless otherwise provided herein, the Parties are under no obligation to renew or extend this Contract after the Expiration Date. This Contract may only be extended by an Amendment. 2.3. Legal Effect. This Contract shall be effective and binding when all of the following occur: (a) this Contract is signed by a Contractor Employee, legally authorized to bind Contractor; (b) this Contract is signed by an authorized County Agent; (c) all Contractor certificates of insurance, required by this Contract, are submitted and accepted by Purchasing; and (d) any other conditions precedent to this Contract have been met. §3. CONTRACT ADMINISTRATION AND AMENDMENTS 3.1. Contract and Purchase Order Issuance. Purchasing shall issue this Contract and any Purchase Orders that may be required. Purchasing is the sole point of contact in the County regarding all procurement and contractual matters relating to this Contract and any Purchase Orders. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 5 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com Purchasing is the only County office/department authorized to make any Amendments to this Contract or Purchase Orders. 3.2. Purchase Orders. Purchase Orders issued under this Contract are governed by the terms and conditions of this Contract and are included and incorporated herein. 3.3. Project Managers. Each Party may designate an employee or agent to act as a Project Manager. If Project Managers are selected, they shall be listed in Exhibit VII and their duties shall be set forth in Exhibit VII. Unless otherwise stated in Exhibit VII, the County’s Project Manager has no authority to amend this Contract. 3.4. Contract Administrators. The County shall designate an employee or agent to act as Contract Administrator(s). Contractor may designate its employee or agent to act as Contract Administrator(s). The Contract Administrators shall be listed on the first page of this Contract. The County’s Contract Administrator(s) shall be responsible for monitoring and coordinating day-to-day activities under this Contract, reviewing Deliverables and invoices, and submitting requests for Amendments to Purchasing. The County’s Contract Administrator(s) have no authority to amend this Contract. 3.5. Contract Amendments. All Amendments to this Contract must be in writing. This Contract shall not be amended by any packing slip, Purchase Order, invoice, click through license agreement, or Contractor policies or agreements published on Contractor’s website or otherwise. Amendments to this Contract shall be issued only by Purchasing. The Amendment shall be effective when signed by an authorized Contractor Employee and an authorized County Agent. 3.6. Unauthorized Changes. Contract changes shall not be effective until an Amendment containing the change is executed according to the procedures described in this Contract. If the Contractor is directed to perform work that Contractor believes is a change in the Contract/Deliverables, then Contractor must notify Purchasing that it believes the requested work is a change to the Contract before performing the requested work. If Contractor fails to notify Purchasing before beginning the requested work, then Contractor waives any claims for additional compensation for performing the requested work. If Contractor begins work that is outside the scope of this Contract or begins work before an Amendment is executed and then stops performing that work, Contractor must, at the request of the County, undo any out-of-scope work that the County believes would adversely affect the County. 3.7. Precedence of Contract Documents. In the event of a conflict, the terms and conditions contained in Sections 1 through 10 of this Contract shall prevail and take precedence over any allegedly conflicting provisions in all Contract Documents, Exhibits, Purchase Orders, Amendments, and other documents expressly incorporated herein. Terms and conditions contained in Contractor invoices, packing slips, receipts, acknowledgments, click-through licenses, and similar documents shall not change the terms and conditions of this Contract. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 6 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com §4. CONTRACT TERMINATION 4.1. County Termination. In addition to any other legal rights the County may have to terminate or cancel this Contract, the County may terminate the Contract as follows: 4.1.1. Immediate Termination. The County may terminate or cancel this Contract, in whole or in part, immediately, upon notice to Contractor, if any of the following occur: (a) Contractor, officer of Contractor, or an owner of a 25% or greater share of Contractor is convicted of a criminal offense; or (b) if any third-party funding for this Contract is reduced or terminated. 4.1.2. Termination for Convenience. The County may terminate or cancel this Contract, in whole or part, at any time, upon ninety (90) Days’ notice to Contractor, for any reason, including convenience without incurring obligation or penalty of any kind. The effective date for termination or cancellation shall be clearly stated in the notice. 4.2. Contractor Termination. Contractor may terminate or cancel this Contract, in whole or part, upon one hundred and eighty (180) Days’ notice to the County, if the County breaches any duty or obligation contained herein and within such notice period has failed or has not attempted to cure the breach. The effective date of termination o r cancellation and the specific alleged default shall be clearly stated in the notice to the County. 4.3. County’s Obligations Upon Termination. The County’s sole obligation in the event of termination or cancellation of this Contract is for payment of the act ual Deliverables provided to the County before the effective date of termination. Under no circumstances shall the County be liable for any future loss of income, profits, any consequential damages, any loss of business opportunities, revenues, or any other economic benefit Contractor may have realized but for the termination or cancellation of this Contract. The County shall not be obligated to pay Contractor any cancellation or termination fee if this Contract is cancelled or terminated as provided herein. If the County chooses to terminate the Contract in part, then the charges payable under this Contract must be equitably adjusted to reflect those Deliverables that are terminated. 4.4. Contractor’s Obligations Upon Termination. If the County terminates this Contract, for any reason, then Contractor must do the following: (a) cease providing all Deliverables as specified at the time stated in the notice of termination; (b) take any action necessary, or as the County may direct, to preserve and protect Deliverables or other property derived or resulting from the Contract that is in Contractor’s possession; (c) return all materials, property, and County Data provided to Contractor by the County; (d) unless otherwise directed by the County, transfer title in and deliver to the County all Deliverables in the possession of Contractor or Contractor Employees (which Deliverables are transferred to the County “As-Is”, except to the extent the amounts paid by the County for these Deliverables include warranties or warranty services and, in that situation, the Deliverables will be transferred with the warranty or warranty services and not “As-Is”); and (e) take any action to mitigate and limit any potential damages, including terminating or limiting, as applicable, those subcontracts and outstanding orders for materials and supplies connected with or related to this Contract. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 7 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 4.5. Assumption of Subcontracts. If Contractor is in breach of this Contract and the County terminates this Contract, then the County may assume, at its option, any subcontracts and agreements for Deliverables provided under the Contract and may pursue completion of the Deliverables by replacement Contract or otherwise as the County, in its sole judgment, deems expedient. §5. SCOPE OF DELIVERABLES AND FINANCIAL/PAYMENT OBLIGATIONS 5.1. Performance of Deliverables. Contractor shall provide all Deliverables identified in and as set forth in Exhibit VII, any Purchase Orders, or any Amendments to this Contract. 5.2. Software License(s). If this Contract includes a Software License(s) as described in Exhibit V, then the Parties shall follow the terms and conditions therein. Any applicable third party Software License(s) are also provided in Exhibit V. Unless specifically agreed to by County, if County Agents are required to accept click through license terms to access any of the Deliverables in this Contract, the terms and conditions of those click through licenses are without force and effect. 5.3. Financial Obligations. Except as otherwise set forth in this Contract, the County’s sole financial obligation under this Contract shall be set forth in Exhibit VII. The amount and manner of payment of the financial obligation shall be set forth in Exhibit VI I and may be in the Software License Exhibit V, if applicable, or a Purchase Order. 5.4. Payment Obligations. Except as otherwise set forth in the Exhibits, Contractor shall submit an invoice to the County’s Contract Administrator itemizing amounts due and owing under this Contract, as of the date of the invoice. Invoices shall contain the following information: (a) County Contract Number; (b) dates of Deliverables; (c) itemized list of Deliverables; (d) Contractor Tax ID Number (federal and State); (e) licenses; and (f) any other information requested by Purchasing. The County shall have no obligation to make a payment under this Contract until an invoice is submitted in the form set forth herein and shall have no obligation to pay for Deliverables, which have not been invoiced (as required herein) within s ixty (60) Days of Contractor’s performance. Unless otherwise set forth in the Exhibits, the County shall only pay Contractor for Deliverables under this Contract and not any subcontractors or assignees of Contractor. 5.5. Not to Exceed Amount. The amount due and owing to Contractor, under this Contract, shall not exceed the “Not to Exceed Amount.” If Contractor can reasonably foresee that the total financial obligation for the Contract will exceed the “Not to Exceed Amount,” then Contractor shall provide Purchasing with notice of this fact at least ten (10) Days before this event. 5.6. No Obligation for Penalties/Costs/Fines. The County shall not be responsible for any cost; fee; fine; penalty; or direct, indirect, special, incidental, or consequential damages incurred or suffered by Contractor in connection with or resulting from the performance of this Contract under any circumstances. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 8 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 5.7. Set-Off of County Costs. If the County incurs any costs associated with the duties or obligations of Contractor under this Contract, then the County has the right to set-off those costs from any amounts due and owing Contractor. This set-off includes withholding payment in an amount equal to the cost of any County-provided equipment, supplies, or badges that are not returned by Contractor upon completion, termination, or cancellation of this Contract. 5.8. In-Kind Services. Unless expressly provided herein, this Contract does not authorize any in-kind services by either Party. §6. CONTRACTOR’S WARRANTIES AND ASSURANCES 6.1. Full Knowledge of Contract Expectations. Contractor warrants that before submitting its Proposal and/or entering into this Contract, it had a full opportunity to review all County requirements and/or expectations for this Contract. Contractor is responsible for being adequately and properly prepared to execute this Contract. Contractor has satisfied itself in all material respects that it will be able to perform the Contract as specified herein. 6.2. Complete and Accurate Representations. Contractor certifies that all statements, assurances, records, and materials submitted to the County in connection with seeking and obtaining this Contract have been truthful, complete, and accurate. 6.3. Access to Contractor Policies. If the Parties agree in this Contract to follow any Contractor polices, such as acceptable use or privacy policies, then Contractor shall retain each version of such policies and the effective dates and shall promptly provide such to the County, if requested. 6.4. Grant Compliance. If any part of this Contract is supported or paid for with any State, federal, or other third-party funds granted to the County, then Contractor shall comply with all applicable grant requirements. Upon request of Contractor, the County shall provide Contractor with a copy of the applicable grant requirements. 6.5. Contractor Incidental Expenses. Except as otherwise expressly provided in this Contract, Contractor shall be solely responsible and liable for all costs and expenses associated or needed to perform this Contract, including, but not limited to, any professional dues, association fees, license fees, fines, taxes, and penalties. 6.6. Equipment and Supplies. Contractor is responsible for providing all equipment and supplies to perform this Contract, which are not expressly required to be provided by the County. 6.7. Contractor Employees. 6.7.1. Number and Qualifications of Contractor Employees. Contractor shall employ and assign qualified Contractor Employees as necessary and appropriate to perform this Contract. Contractor shall ensure all Contractor Employees have the knowledge, skill, and qualifications to perform this Contract and possess any necessary licenses, permits, certificates, and governmental authorizations as may be required by law. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 9 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 6.7.2. Control and Supervision of Contractor Employees. Contractor shall solely control, direct, and supervise all Contractor Employees with respect to all Contractor obligations under this Contract. Contractor will be solely responsible for and fully liable for the conduct and supervision of any Contractor Employees. 6.7.3. Removal or Reassignment of Personnel at the County’s Request . Contractor shall remove a Contractor Employee performing work under this Contract at the County’s request provided that the County’s request is based on legitimate, good -faith reasons. Replacement personnel for the removed person must be fully qualified for the position. If the removal of a Contractor Employee results in an unanticipated delay, which is attributable to the County, then this delay shall not be considered a breach of the Contract and the terms and conditions of this Contract effected by the removal will be adjusted accordingly. 6.7.4. Contractor Employee Identification. If requested by the County, Contractor Employees shall wear and display appropriate County-provided identification at all times while working on County premises. Contractor shall return all County-provided identification upon completion of Contractor’s obligations under this Contract. 6.7.5. Background Checks. At the County’s request, Contractor Employees performing work under this Contract shall be subject to a background check by the County. The scope of the background check is at the discretion of the County and the results will be used to determine Contractor Employee’s eligibility to perform work under this Contract. Any request for background checks will be initiated by the County and will be reasonably related to the type of work requested. Contractor and Contractor Employees shall provide all informat ion or documents necessary to perform the background check. 6.7.6. Compliance with County Security Policies and Use Policies . Contractor shall require all Contractor Employees to comply with the County’s security and acceptable use policies for County property (tangible and intangible), equipment, resources, facilities, and systems. Upon request, the County shall provide such policies to Contractor. 6.7.7. Contractor Employee Expenses. All Contractor Employees shall be employed at the Contractor’s sole expense (including employment-related taxes and insurance). Contractor warrants that all Contractor Employees shall fully comply with and adhere to the terms of this Contract. Contractor shall be solely liable for all applicable Contractor Employees’ federal, state, or local payment withholdings or contributions and/or all Contractor Employee related pension or welfare benefits plan contributions under federal or state law. Contractor shall indemnify and hold the County harmless for all Claims against the County by any Contractor Employee, arising out of any contract for hire or employer-employee relationship between Contractor and any Contractor Employee including, but not limited to, Worker’s Compensation, disability pay, or other insurance of any kind. 6.7.8. Contractor’s Compliance with the Patient Protection and Affordable Care Act . If Contractor is subject to the Patient Protection and Affordable Care Act (“ACA”), PL 111-148, 124 Stat 119, then Contractor shall ensure that all Contractor Employees, under assignment to the County, OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 10 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com and their dependents, as defined by the ACA, are provided with or have access to insurance as required by the ACA. If Contractor is subject to the ACA, Contractor warrants it offers group health coverage to Contractor Employees and their dependents that is affordable, that provides minimum essential coverage and value, and that each offer of coverage meets the timing requirements of the ACA. Contractor warrants, whether or not it is subject to the ACA, that it will pay all applicable fees, taxes, or fines, as set forth in the employer mandates of the ACA under Tax Code §4980H and related regulations for any Contractor Employee, whether the fee, tax, or fine is assessed against the Contractor or the County. 6.8. Acknowledgment of Independent Contractor Status. 6.8.1. Independent Contractor. Nothing in this Contract is intended to establish an employer- employee relationship between the County and Contractor or any Contractor Employee. In no event, shall Contractor Employees be deemed employees, agents, volunteers, or subcontractors of the County. Contractor shall ensure that Contractor Employees are appr ised of their status and limitations of independent contractors. 6.8.2. Contractor/Contractor Employee Representations. Contractor and/or Contractor Employees shall not represent themselves as County employees. Contractor shall ensure that Contractor Employees do not represent themselves as County employees. 6.8.3. County Benefits and Plans. Contractor and Contractor Employees shall not be entitled to participate in any County employee benefit plans and programs, including but not limited to, retirement, deferred compensation, insurance (including without limitation, health, disability, dental, and life), and vacation pay. This limitation includes access to benefit plans and programs that are not described by a written plan. However, Contractor Employees who are retired County Employees may receive vested post-employment benefits such as retiree health care and pension benefits from Oakland County. 6.8.4. County Reliance. The County entered into this Contract in reliance of the representations made by Contractor regarding its understanding of the role of independent contractors, its stated relationship to Contractor Employees, and other representations Contractor has made regarding the management and performance oversight of Contractor Employees. 6.8.5. Independent Employment Status. If Contractor provides Contractor Employees for staffing and/or leasing services to County, those Contractor Employees shall sign Exhibit VI, Independent Employment Status prior to performing services for County and prior to receiving a County identification badge. Contractor Employees shall provide a signed copy of Exhibit VI to County’s Purchasing Unit prior to the final execution of this Contract. Contractor Employees who begin an assignment at County after Contract execution, are required to provide a signed copy of Exhibit VI to the County’s Purchasing Unit prior to receiving a County identification badge. 6.9. Permits and Licenses. Contractor shall be responsible for obtaining and maintaining, throughout the term of this Contract, all licenses, permits, certificates, governmental authorizations, and business/professional licenses necessary to perform this Contract. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 11 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com Upon request by the County, Contractor shall furnish copies of any permit, license, certificate, or governmental authorization necessary to perform this Contract. 6.10. E-Verify. In accordance with Miscellaneous Resolution No.09116 (BOC Minutes, July 30, 2009, pp 37-38), unless otherwise exempted, all service contractors who wish to contract with the County to provide services must first certify they have registered with, will participate in, and continue to utilize, once registered, the E-Verify Program (or any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the Contractor. Breach of this term or condition is considered a material breach of this Contract. Contractor’s execution of this Contract constitutes a certification that they are authorized to certify on behalf of Contractor and do hereby certify on behalf of Contractor that the Contractor has registered with, has and will participate in, and does an d will continue to utilize once registered and throughout the term of this Contract and any permissible extension hereof, the E -Verify Program (or any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the Contractor. 6.11. Iran-Linked Business Certification. Contractor certifies that it is not an Iran-Linked Business. Contractor further certifies that it was not an Iran-Linked Business at the time it submitted its Proposal for this Contract. Contractor must promptly notify the County, if Contractor becomes an Iran-Linked Business at any time during this Contract. 6.12. Taxes. 6.12.1. Contractor Taxes. Contractor shall collect and pay its local, state, and federal taxes, including but not limited to, all employment taxes, sales taxes, personal property taxes, and real property taxes. The County shall not be liable to or required to reimburse Contractor for any local, state, or federal tax of any kind. 6.12.2. County Tax-Exempt. The County is exempt from state and local sales tax, personal property tax, and real property tax. Prices under this Contract shall not include taxes, unless the County is not tax-exempt for a specific Deliverable. Exemption certificates for sales tax will be furnished upon request. 6.13. Warranty for Services. Contractor warrants that all Deliverables that are services shall be performed in compliance with all applicable laws, statutes, regulations, ordinances, and professional standards. 6.14. Warranty for Goods. All Deliverables that are goods shall be subject to the following warranties: 6.14.1. Warranty of Merchantability. Goods provided by Contractor pursuant to this Contract shall: (a) be merchantable, (b) be of good quality, (c) be fit for their ordi nary purpose, (d) be adequately contained and packaged, and (e) conform to the specifications and descriptions contained in the Contract. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 12 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 6.14.2. Warranty of Fitness for a Particular Purpose. If Contractor knows or has reason to know that the goods will be used for a particular purpose and the County is relying on Contractor’s skill or judgment to select or furnish the goods, then there is a warranty that the goods are fit for a particular purpose. 6.14.3. Warranty of Title. All goods conveyed to the County shall be conveyed and transferred: (a) with good title, (b) free from any security interest, lien, or encumbrance that the County did not have knowledge of when the Contract was executed, and (c) free of any rightful claim of infringement or similar claim by a third-party. 6.15. Response to Legal Request for County Data. If County receives a Court Order, a Freedom of Information Act (FOIA) request, or other legal request to provide County Data held by Contractor, then Contractor shall provide County Data to the County, in a format directed by the County, within the time frame required by law. 6.16. Section 508 Compliance. If Contractor is providing a Deliverable that requires County Agents or the general public to access a website, Contractor warrants end users will have the abi lity to access the website to register and provide information updates to receive the Deliverables herein in accordance with the accessibility requirements of Section 508 Amendment to the Rehabilitation Act of 1973 (29 U.S.C § 794(d)). §7. LIABILITY 7.1. Contractor Indemnification. Contractor shall indemnify, defend, and hold the County harmless from all Claims, incurred by or asserted against the County by any person or entity, which are alleged to have been caused directly or indirectly from the acts or omission s of Contractor or Contractor’s Employees. The County’s right to indemnification is in excess and above any insurance rights/policies required by this Contract. 7.2. No Indemnification from the County. Contractor shall have no rights against the County for indemnification, contribution, subrogation, or any other right to be reimbursed by the County, except as expressly provided herein. §8. CONTRACTOR PROVIDED INSURANCE At all times during this Contract, Contractor shall obtain and maintain insurance according to the specifications listed in Exhibit I. §9. INTELLECTUAL PROPERTY AND CONFIDENTIALITY 9.1. Contractor Use of Confidential Information/County Data. Contractor and/or Contractor Employees shall not reproduce, provide, disclose, or give access to Confidential Inform ation or County Data to any Contractor Employee not having a legitimate need to know the Confidential Information or County Data or to any third-party. Contractor and Contractor Employees shall only use the Confidential Information and County Data for performance of this Contract. Notwithstanding the foregoing, Contractor may disclose the Confidential Information or County Data if required by law, statute, or other legal process; provided that Contractor: (a) gives the OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 13 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com County prompt written notice of the impending disclosure, (b) provides reasonable assistance to the County in opposing or limiting the disclosure, and (c) makes only such disclosure as is compelled or required. This Contract imposes no obligation upon Contractor with respect to any Confidential Information or County Data which Contractor can establish by legally sufficient evidence: (a) was in possession of or was known by Contractor, prior to its receipt from the County, without any obligation to maintain its confidentiality; or (b) is obtained by Contractor from a third party having the right to disclose it, without an obligation to keep such information confidential. 9.2. Contractor Use of County Licensed Software. In order for Contractor to perform this Contract, the County may permit Contractor or Contractor Employees to access certain Software licensed to the County. Contractor or Contractor Employees shall not transfer, remove, use, copy, or otherwise provide or make available any such Software or documentation to any other person or entity, for any purpose, without the prior written consent of the County and/or the licensor. Furthermore, neither Contractor nor Contractor Employee shall produce a source listing, decompile, disassemble, or otherwise reverse engineer any copyrighted Software. Neither Contractor nor Contractor Employee shall use any Software contrary to the provisions of any applicable Software license agreement or state or federal law. 9.3. Contractor License to Use County Servicemarks. If this Contract involves the use of County servicemarks to perform this Contract, then Contractor is granted a license to use the servicemarks subject to the terms listed in Exhibit IV. Contractor shall only use the servicemarks as directed by the County. 9.4. Assignment of Rights. In consideration for the performance of this Contract and the fees paid to Contractor, Contractor agrees to the following: (a) Contractor shall have no copyright, patent, trademark, or trade secret rights in County Intellectual Property; (b) any and all programs, inventions, and other work or authorship developed by Contractor while providing Deliverables to the County are works made for hire, created for, and owned exclusively by the County, unless otherwise specified in the Contract; (c) Contractor assigns to the County all rights and interest in County Intellectual Property, which Contractor has made or conceived or may make and conceive, either solely or jointly with others, either on or off County premises while performing this Contract or with the use of the time, material, or facilities of the County; and (d) Contractor and its applicable Contractor Employees shall sign any documents necessary for the County to register patents, copyrights, or trademarks with federal or state agencies. Contractor shall ensure its Contractor Employees assign their rights and interests in County Intellectual Property to the County. 9.5. Use of County Data. If Contractor uses or possesses County Data in the performance of this Contract, then the following provisions contained in this subsection apply: 9.5.1. Implementation of Security Measures. Contractor shall implement and maintain appropriate administrative, technical, and organizational security measures to safeguard against unauthorized access, disclosure, or theft of County Data. Such measu res shall be in accordance with security industry best practice and not less stringent than the measures Contractor applies OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 14 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com to its own confidential data of similar kind. Contractor warrants it follows security industry best practices. 9.5.2. Unauthorized Access/Disclosure or Theft of County Data. Contractor shall notify County immediately on becoming aware of an actual or suspected unauthorized access, disclosure, or theft of County Data. Contractor shall do the following: (1) take commercially reasonable measures to promptly cure the deficiencies relating to the security breach in order to secure County Data, and (2) comply with any applicable federal or state laws and regulations pertaining to unauthorized disclosures. 9.5.3. Storage of County Data. Contractor shall only store and process County Data at and from data centers located within the United States. Contractor shall not and shall not permit Contractor Employees to store County Data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. Contractor shall permit its Contractor Employees to access County Data remotely only as required to provide technical support. 9.5.4. Obligations upon Expiration, Termination or Cancellation of Contract. At the County’s sole discretion, upon expiration, termination, or cancellation of this Contract, Contractor shall return County Data in a mutually agreeable format in a prompt and orderly manner or provide for the secure disposal of County Data as directed by County. §10. GENERAL TERMS AND CONDITIONS 10.1. Access to County Property or Facilities. As set forth in this Contract, Contractor has access to and the right to use County property and facilities necessary to perform this Contract. Unless otherwise provided in this Contract or Contractor receives prior written permission from the County’s Director responsible for the department requiring access outside of Business Days, Contractor may only access and use County property and facilities for performance of this Contract on Business Days. 10.2. Signs on County Property or Facilities. Contractor shall not place any signs or advertisements on County property or facilities without the prior written permission of the County’s Director of Facilities Management or successor. 10.3. Use of County Property or Facilities. While performing this Contract, Contractor shall keep County property or facilities and anything stored thereon in a clean, safe, and healthful condition and shall keep the property and facilities in a manner that will not prevent or interfere with the County’s performance of its functions. 10.4. Removal of Contractor Personal Property. At the expiration or termination of this Contract, Contractor shall leave County property or facilities in the same condition that Contractor found them and clean of all rubbish. Contractor shall remove all of its personal property within thirty (30) Days of expiration or termination of this Contract. If Contractor does not remove its personal property within the thirty (30) Day period, then the County shall dispose of it and bill Contractor for any costs associated with the removal and disposal. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 15 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 10.5. Damage to County Property or Facilities. Contractor shall be responsible for any damage to any County property or a facility that is caused by Contractor or Contractor Employees. If damage occurs, the County shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements, provided, however, that Contractor shall reimburse the County for all costs associated with repairing and/or replacing the damaged property or facilities. 10.6. Damage to Contractor’s Property. Contractor shall be solely liable and responsible for any property loss or damage resulting from fire, theft, or other means to Contractor’s pe rsonal property located, kept, or stored on or at County property or facilities during performance of this Contract. 10.7. County’s Right to Suspend Contract Performance. Upon written notice, the County may require Contractor to suspend performance of this Contract if Contractor has failed to comply with federal, state, or local laws or any requirements contained in this Contract. The right to suspend performance of this Contract is in addition to the County’s right to terminate and/or cancel this Contract. The County shall incur no penalty, expense, or liability to Contractor if the County suspends performance of this Contract under this Section. 10.8. Discrimination. Contractor shall not discriminate against any employee or applicant for employment in violation of state or federal law. Contractor shall promptly notify the County of any complaint or charge filed and/or of any determination by any court or administrative agency of illegal discrimination by Contractor. 10.9. Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.301, et seq. and MCL 15.321, et seq.), no contracts shall be entered into between the County and any County Agent. To avoid any real or perceived conflict of interest, Contractor shall identify any Contractor Employee or relative of Contractor’s Employees who are presently employed by the County. Contractor shall give the County notice if there are any County Agents or relatives of County Agents who are presently employed by Contractor. 10.10. Access and Records. Contractor will maintain accurate books and records in connection with performance of this Contract for thirty-six (36) months after the end of this Contract and Contractor shall provide the County with reasonable access to such books and records, upon request. 10.11. Audit. The County or an independent auditor hired by the County may perform contract audits (in its sole discretion) and shall have the authority to access all pertinent records and data and to interview any Contractor Employee during the term of this Contract and for a period of three years after final payment. Contractor shall explain any audit findings, questioned costs, or other Contract compliance deficiencies to the County within thirty (30) Business Days of receiving the draft audit report. Contractor’s written response shall include all necessary documents and information that refute the draft audit report and an action plan to resolve the audit findings. A copy of Contractor’s response will be included in the final report. Failure by Contractor to OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 16 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com respond in writing within thirty (30) Business Days shall be deemed acceptance of the draft audit report and will be noted in the final report. 10.12. Assignments/Delegations/Subcontracts. 10.12.1. Prior Written Consent Required. Except by operation of law, neither Party may assign, delegate, or subcontract any of its duties, obligations, or rights under this Contract without the prior written consent of the other Party; provided, however, Contractor may assign, delegate, or subcontract this Contract to an affiliate or subsidiary as long as the affiliate or subsidiary is adequately capitalized and can provide adequate written assurances to the County that the affiliate or subsidiary can perform this Contract. The County may withhold consent, if the County determines that the assignment, delegation, or subcontract would impair performance of this Contract or the County’s ability to recover damages under this Contract. Contractor shall also provide the County with adequate information to allow the County to make a determination regarding the assignment, delegation, or subcontract. 10.12.2. Flow Down Clause Required. Any assignment, delegation, or subcontract by Contractor must include a requirement that the assignee, delegee, or subcontractor will comply with the terms and conditions of this Contract. The assignment, delegation, or subcontract shall in no way diminish or impair performance of any term or condition of this Contract. 10.12.3. Contractor Responsibility for Assigns/Delegates/Subcontractors. If Contractor assigns, delegates, or subcontracts this Contract, in whole or in part, Contractor shall remain the sole point of contact regarding all matters under this Contract and shall remain liable for performance of this Contract. Contractor is solely responsible for the management of assignees, delegees, and subcontractors. 10.12.4. Performance Required. If an assignee, delegee, or subcontractor fails to perform as required under this Contract, Contractor shall contract with another entity for such performance. Any additional costs associated with securing another assignee, delegee, or subcontractor shall be the sole responsibility of Contractor. 10.13. Non-Exclusive Contract. This Contract is a non-exclusive agreement. No provision in this Contract limits or is intended to limit, in any way, Contractor’s right to offer and provide its services to the general public, other business entities, municipalities, or governmental agencies during or after the term of this Contract. Similarly, the County may freely engage other persons to perform the same work that Contractor performs. Except as provided in this Contract, this Contract shall not be construed to guarantee Contractor or any Contractor Employee any fixed or certain number of Deliverables. 10.14. No Third-Party Beneficiaries. Except as provided for the benefit of the Parties, this Contract does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be subrogated to the Parties’ right in this Contract, or any other right in favor of any other person or entity. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 17 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 10.14.1. Survival of Terms and Conditions. The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their nature: Section 1. Contract Definitions, Section 5. Scope of Deliverables and Financial/Payment Obligations, Section 6. Contractor’s Warranties and Assurances, Section 7. Liability, Section 8. Contractor Provided Insurance, Section 9. Intellectual Property and Confidentiality, and Section 10. General Terms and Conditions. 10.15. Reservation of Rights. This Contract does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of the County. 10.16. Compliance with Laws. Contractor shall comply with all federal, state, and local laws, statutes, ordinances, regulations, insurance policy requirements, and requirements applicable to its activities under this Contract. 10.17. Force Majeure. Notwithstanding any other term or condition of this Contract, neither Party shall be liable for failure to perform contractual duties or obligations caused by eve nts beyond their reasonable control, including but not limited to: (a) acts of public enemies; (b) natural disasters; (c) terrorism; (d) war; (e) insurrection or riot; (f) natural disasters; (g) strikes, lockouts, work stoppages, or other labor difficulties; or (h) compliance with law. Reasonable notice shall be given to the affected Party of such event. Contractor is expected, through insurance or alternative temporary or emergency service arrangements, to continue its contractual duties or obligations if a reasonably anticipated, insurable business risk, such as business interruption or any insurable casualty or loss occurs. 10.18. Notices. 10.18.1. Written Notice. All notices required under this Contract shall be in writing. Notices shall be effective: (a) the next Business Day, if personally delivered; (b) the third Business Day, if sent by U.S. mail, postage prepaid, return receipt requested; (c) the next Business Day, if sent by a nationally recognized overnight express courier with a reliable tracking system; or (d) the next Business Day with a receipt of confirmation, if sent by e -mail or fax. 10.18.2. Notice to Contractor. Unless otherwise specified, Notice to Contractor shall be addressed to the Contract Administrator listed on the first page of this Contract. 10.18.3. Notice to County. Unless otherwise specified herein, Notice to the County shall be addressed to Purchasing, the County Project Manager (if applicable), and the County Contract Administrator(s) listed on the first page of this Contract. 10.19. Captions. Section and subsection numbers, captions, and any index to sections or subsections contained in this Contract are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this Contract. In this Contract, for any noun or pronoun, use of the singular or plural form, use of the nominative, possessive, or objective case, and any reference to gender OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 18 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com (masculine, feminine, and neuter) shall mean the appropriate form, case, or gender as the context requires. 10.20. Waiver. Waiver of any term or condition under this Contract must be in writing and notice given pursuant to this Contract. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Contract. No waiver by either Party shall subsequently affect its right to require strict performance o f this Contract. 10.21. Cumulative Remedies. A Party’s exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 10.22. Severability. If a court of competent jurisdiction finds a term or condition of this Contract to be illegal or invalid, then the term or condition shall be deemed severed from this Contract. All other terms or conditions shall remain in full force and effect. Notwithstanding the above, if Contractor’s promise to indemnify or hold the County harmless is found illegal or invalid, Contractor shall contribute the maximum it is permitted to pay by law toward the payment and satisfaction of any Claims against the County. 10.23. Dispute Resolution. All disputes arising under or relating to the execution, interpretation, performance, or nonperformance of this Contract involving or affecting the Parties may first be submitted to the respective Project Manager (if applicable) and Contract Administrators for possible resolution. 10.24. Governing Laws/Consent to Jurisdiction and Venue. This Contract shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Contract shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Contract to enforce such judgment in any appropriate jurisdiction. 10.25. Entire Contract. This Contract represents the entire agreement and understanding between the Parties. This Contract supersedes all other prior oral or written understandings, communications, agreements, or contracts between the Parties. The language of this Contract shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 19 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com EXHIBIT I CONTRACTOR INSURANCE REQUIREMENTS During this Contract, the Contractor shall provide and maintain, at their own expense, all insurance as set forth and marked below, protecting the County against any Claims, as defined in this Contract. The insurance shall be written for not less than any minimum coverage herein specified. Primary Coverages Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Independent Contractors; (f) Broad Form Contractual including coverage for obligations assumed in this Contract; $1,000,000 – Each Occurrence Limit $1,000,000 – Personal & Advertising Injury $2,000,000 – Products & Completed Operations Aggregate Limit $2,000,000 – General Aggregate Limit $ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability) Workers’ Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 1. ☒ Fully Insured or State approved self-insurer. 2. ☐ Sole Proprietors must submit a signed Sole Proprietor form. 3. ☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC -337 Certificate of Exemption. Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non-owned automobiles utilized in the performance of this Contract. Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 20 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com Supplemental Coverages (Required as Checked) 1. ☒ Professional Liability/Errors & Omissions Insurance (Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 2. ☐ Commercial Property Insurance. The Contractor shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage. 3. ☐ Liquor Legal Liability Insurance with a limit of $1,000,000 each occurrence shall be required when liquor is served and/or present. 4. ☐ Pollution Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate when cleanup & debris removal are part of the services utilized. 5. ☐ Medical Malpractice with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 6. ☐ Garage Keepers Liability with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 7. ☐ Cyber Liability with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. 8. ☐ Other Insurance Coverages as may be dictated by the provided product/service and deemed appropriate by the County Risk Management Department. General Insurance Conditions The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. 1. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; 2. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies shall be endorsed to provide a written waiver of subrogation in favor of the County; 3. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the Contractor; 4. Contractors shall be responsible for their own property insurance for all equipment and personal property used and/or stored on County property; 5. The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the County of Oakland and it offi cers, OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 21 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com directors, employees, appointees and commissioners as additional insured where permitted by law and policy form; 6. The Contractor shall require its contractors or sub -contractors, not protected under the Contractor’s insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract; 7. Certificates of insurance must be provided no less than ten (10) Business Days prior to the County’s execution of the Contract and must bear evidence of all required terms, conditions and endorsements; and 8. All insurance carriers must be licensed and approved to do business in the State of Michigan and shall have and maintain a minimum A.M. Best’s rating of A- unless otherwise approved by the County Risk Management Department. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 22 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com EXHIBIT II BUSINESS ASSOCIATE AGREEMENT (Health Insurance Portability and Accountability Act Requirements) Exhibit II is a Business Associate Agreement between Contractor (“Business Associate”) and the County (“Covered Entity”). This Exhibit is incorporated into the Contract and shall be hereinafter referred to as “Agreement.” The purpose of this Agreement is to facilitate compliance with the Privacy and Security Rules and to facilitate compliance with HIPAA and the HITECH Amendment to HIPAA. §1. DEFINITIONS. The following terms have the meanings set forth below for purposes of the Agreement, unless the context clearly indicates another meaning. Terms used but not otherwise defined in this Agreement have the same meaning as those terms in the Privacy Rule. 1.1 Business Associate. “Business Associate” means the Contractor. 1.2 CFR. “CFR” means the Code of Federal Regulations. 1.3 Contract. “Contract” means the document with the Purchasing Contract Number. 1.4 Contractor. “Contractor” means the entity or individual defined in the Contract and listed on the first page of this Contract. 1.5 Covered Entity. “Covered Entity” means the County of Oakland as defined in the Contract. 1.6 Designated Record Set. “Designated Record Set” is defined in 45 CFR 164.501. 1.7 Electronic Health Record. “Electronic Health Record” means an electronic record of health- related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. 1.8 HIPAA. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996. 1.9 HITECH Amendment. “HITECH Amendment” means the changes to HIPAA made by the Health Information Technology for Economic and Clinical Health Act. 1.10 Individual. “Individual” is defined in 45 CFR 160.103 and includes a person who qualifies as a personal representative in 45 CFR 164.502(g). 1.11 Privacy Rule. “Privacy Rule” means the privacy rule of HIPAA as set forth in the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 23 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 1.12 Protected Health Information. “Protected Health Information” or “PHI” is defined in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. 1.13 Required By Law. “Required By Law” is defined in 45 CFR 164.103. 1.14 Secretary. “Secretary” means the Secretary of the Department of Health and Human Services or his or her designee. 1.15 Security Incident. “Security Incident” is defined in 45 CFR 164.304. 1.16 Security Rule. “Security Rule” means the security standards and implementation specifications at 45 CFR part 160 and part 164, subpart C. §2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE. Business Associate agrees to perform the obligations and activities described in this Section. 2.1 Business Associate understands that pursuant to the HITECH Amendment, it is subject to the HIPAA Privacy and Security Rules in a similar manner as the rules apply to Covered Entity. As a result, Business Associate shall take all actions necessary to comply with the HIPAA Privacy and Security Rules for business associates as revised by the HITECH Amendment, including, but not limited to, the following: (a) Business Associate shall appoint a HIPAA privacy officer and a HIPAA security officer; (b) Business Associate shall establish policies and procedures to ensure compliance with the Privacy and Security Rules; (c) Business Associate shall train its workforce regarding the Privacy and Security Rules; (d) Business Associate shall enter into a privacy/security agreement with Covered Entity; (e) Business Associate shall enter into privacy/security agreements with its subcontractors that perform functions relating to Covered Entity involving PHI; and (f) Business Associate shall conduct a security risk analysis. 2.2 Business Associate shall not use or disclose PHI other than as permitted or required by this Agreement or as required by law. 2.3 Business Associate shall use appropriate safeguards to prevent use or disclosure of the PHI. Business Associate shall implement administrative, physical, and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. 2.4 Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of law or this Agreement. 2.5 Business Associate shall report to Covered Entity any known Security Incident or any known use or disclosure of PHI not permitted by this Agreement. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 24 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com 2.6 Effective September 23, 2009 or the date this Agreement is signed, if later, Business Associate shall do the following in connection with the breach notification requirements of the HITECH Amendment: 2.6.1 If Business Associate discovers a breach of unsecured PHI, as those terms are defined by 45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable delay but no later than ten (10) calendar days after discovery. For this purpose, “discovery” means the first day on which the breach is known to Business Associate or should have been known by exercising reasonable diligence. Business Associate shall be deemed to have knowledge of a breach if the breach is known or should have been known by exercising reasonable diligence, to any person, other than the person committing the breach, who is an employee, officer, subcontractor, or other agent of Business Associate. The notification to Covered Entity shall include the following: (a) identification of each individual whose unsecured PHI has been breached or has reasonably believed to have been breached, and (b) any other available information in Business Associate’s possession that the Covered Entity is required to include in the individual notice contemplated by 45 CFR 164.404. 2.6.2 Notwithstanding the immediate preceding subsection, Business Associate shall assume the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity where a breach of unsecured PHI was committed by Business Associate or its employee, officer, subcontractor, or other agent of Business Associate or is within the unique knowledge of Business Associate as opposed to Covered Entity. In such case, Business Associate shall prepare the notice and shall provide it to Covered Entity for review and approval at least five (5) calendar days before it is required to be sent to the affected individual(s). Covered Entity shall promptly review the notice and shall not unreasonably withhold its approval. 2.6.3 Where a breach of unsecured PHI involves more than five hundred (500) individuals and was committed by the Business Associate or its employee, officer, subcontractor, or other agent or is within the unique knowledge of Business Associate as opposed to Covered Entity, Business Associate shall provide notice to the media pursuant to 45 CFR 164.406. Business Associate shall prepare the notice and shall provide it to Covered Entity for review and approval at least five (5) calendar days before it is required to be sent to the media. Covered Entity shall promptly review the notice and shall not unreasonably withhold its approval. 2.6.4 Business Associate shall maintain a log of breaches of unsecured PHI with respect to Covered Entity and shall submit the log to Covered Entity within thirty (30) calendar days following the end of each calendar year, so that the Covered Entity may report breaches to the Secretary in accordance with 45 CFR 164.408. This requirement shall take effect with respect to breaches occurring on or after September 23, 2009. 2.7 Business Associate shall ensure that any agent or subcontractor to whom it provides PHI, received from Covered Entity or created or received by Business Associate on behalf of Covered Entity, agrees in writing to the same restrictions and conditions that apply to Business Associate OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 25 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com with respect to information. Business Associate shall ensure that any agent or subcontractor implements reasonable and appropriate safeguards to protect Covered Entity’s PHI. 2.8 Business Associate shall provide reasonable access, at the written request of Covered Entity, to PHI in a Designated Record Set to Covered Entity or, as directed in writing by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. 2.9 Business Associate shall make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526. 2.10 Following receipt of a written request by Covered Entity, Business Associate shall make internal practices, books, and records reasonably available to the Secretary in order to determine Covered Entity's compliance with the Privacy Rule. The afore mentioned materials include policies and procedures and PHI relating to the use and disclosure of PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. 2.11 Business Associate shall document disclosures of PHI and information related to such disclosures, to permit Covered Entity to respond to a request by an Individual for: (a) an accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective January 1, 2011 or such later effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures PHI from an Electronic Health Record in accordance with the HITECH Amendment. 2.12 Following receipt of a written request by Covered Entity, Business Associate shall provide to Covered Entity or an Individual information collected in accordance with Section 2 to permit Covered Entity to respond to a request by an Individual for: (a) an accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective as of January 1, 2011 or such later effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance with the HITECH Amendment. §3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE. Business Associate may use and disclose PHI as set forth in this Section. 3.1 Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for or on behalf of Covered Entity as specified in the underlying service agreement between Covered Entity and Business Associate, provided that such use or disclosure shall not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. If no underlying service agreement exists between Covered Entity and Business Associate, Business Associate may use or disclose PHI to perform functions, activities, or services for or on behalf of Covered Entity for the purposes of payment, treatment, or health care operations as those terms are defined in the Privacy Rule, OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 26 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com provided that such use or disclosure shall not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. 3.2 Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 3.3 Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required by Law or Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed that: (a) the disclosed PHI will remain confidential and will be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person and (b) the person notifies the Business Associate of any known instances in which the confidentiality of the information has been breached. 3.4 Except as otherwise limited in this Agreement, Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B). 3.5 Business Associate may use PHI to report violations of law to appropriate federal and state authorities, consistent with 45 CFR 164.502(j)(1). §4. OBLIGATIONS OF COVERED ENTITY. 4.1 Covered Entity shall notify Business Associate of any limitation(s) of Covered Entity in its notice of privacy practices in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI. 4.2 Covered Entity shall notify Business Associate of any changes in or revocation of permission by an Individual to use or disclose PHI, to the extent that such changes may affect Business Associate’s use or disclosure of PHI. 4.3 Covered Entity shall use appropriate safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to this Agreement, the Contract, and the Privacy Rule, until such PHI is received by Business Associate, pursuant to any specifications set forth in any attachment to the Contract. 4.4 Covered Entity shall manage all users of services including its qualified access, password restrictions, inactivity timeouts, downloads, its ability to download and otherwise process PHI. 4.5 The Parties acknowledge that Covered Entity owns and controls its data. 4.6 Covered Entity shall provide Business Associate with a copy of its notice of privacy practices produced in accordance with 45 CFR Section 164.520, as well as any subsequent changes or OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 27 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com limitation(s) to such notice, to the extent such changes or limitations may effect Business Associate’s use or disclosure of PHI. Covered Entity shall provide Business Associate with any changes in or revocation of permission to use or disclose PHI, to the extent the changes or revocation may affect Business Associate’s permitted or required uses or disclosures. To the extent that the changes or revocations may affect Business Associate’s permitted use or disclosure of PHI, Covered Entity shall notify Business Associate of any restriction on th e use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR Section 164.522. Covered Entity may effectuate any and all such notices of non -private information via posting on Covered Entity’s web site. §5. EFFECT OF TERMINATION. 5.1 Except as provided in Section 5, upon termination of this Agreement or the Contract, for any reason, Business Associate shall return or destroy (at Covered Entity’s request) all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of PHI. 5.2 If Business Associate determines that returning or destro ying the PHI is infeasible, Business Associate shall provide to Covered Entity written notification of the conditions that make return or destruction infeasible. Upon receipt of written notification that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and shall limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI, which sh all be for a period of at least six (6) years. §6. MISCELLANEOUS. 6.1 This Agreement is effective when the Contract is executed or when Business Associate becomes a Business Associate of Covered Entity and both Parties sign this Agreement, if later. However, certain provisions have special effective dates, as set forth herein or as set forth in HIPAA or the HITECH Amendment. 6.2 Regulatory References. A reference in this Agreement to a section in the Privacy Rule or Security Rule means the section as in effect or as amended. 6.3 Amendment. The Parties agree to take action to amend this Agreement as necessary for Covered Entity to comply with the Privacy and Security requirements of HIPAA. If the Business Associate refuses to sign such an amendment, this Agreement shall automatically terminate. 6.4 Survival. The respective rights and obligations of Business Associate and Covered Entity under this Agreement shall survive the termination of this Agreement and/or the Contract. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 28 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com EXHIBIT III FEDERALLY FUNDED CONTRACT REQUIREMENTS Exhibit III sets forth additional provisions for all federally-funded contracts. To the extent that this Contract is funded, in whole or in part, by any federal award, the following provisions apply: A. Termination. In addition to the termination rights set forth in Section 4 of this Contract, the County may terminate this Contract, in whole or in part, for cause upon notice to Contractor if Contractor breaches any duty or obligation in the Contract and fails to cure the breach, to the County’s satisfaction, if applicable. A.1 Right to Cure. If the Contractor breaches the Contract, and the County, in its sole discretion, determines that the breach is curable, then the County must provide the Contractor with written notice of the breach and a time period (not less than thirty (30) days) to cure the breach. The notice of breach and opportunity to cure do not apply in the following circumstances: (1) for successive or repeated breaches; (2) if the County determines in its sole discretion that the breach poses a serious and imminent threat to the health or safety of any person or the imminent loss, damage, or destruction of any real or tangible personal property; or (3) if the County terminates the Contract under this Section or Section A above. The effective date for termination or cancellation shall be clearly stated in the written notice. A.2 Termination Deemed for Convenience. If the County terminates the Contract for cause and it is determined, for any reason, that Contractor was not in breach of Contract, then the termination for cause shall be deemed a termination for convenience, effective as of the same date specified in the notice of breach. B. Contractor’s Obligations Upon Termination for Cause. If the Contract is terminated for cause, the County may require Contractor to pay all costs incurred by the County in terminating the Contract, including but not limited to, administrative costs, reasonable attorneys’ fees, court costs, and any reasonable additional costs the County may incur to procure the Deliverables required by the Contract from other sources. Re-procurement costs are not consequential, indirect or incidental damages and cannot be excluded by any other terms included in the Contract; however such costs shall not exceed 50% of the County’s financial obligation under this Contract. C. Compliance with Laws. Contractor shall comply with the following, if applicable: C.1 The Davis-Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”); OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 29 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com C.2 The Copeland “Anti-Kickback” Act (40 U.S.C. 3145 et seq.), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”); C.3 The Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5); C.4 The requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency; C.5 All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387); C.6 All mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.); and C.7 The Byrd Anti-Lobbying Amendment (31 U.S.C. 1352 et seq.) D. Debarment and Suspension. Contractor certifies that it is not listed on the government-wide Excluded Parties List System in the System for Award Management (SAM). Contractor must promptly notify the County, if Contractor is listed in SAM at any time during the term, renewal, or extension of this Contract. If Contractor is listed in SAM, the County may terminate or cancel this Contract, in whole or in part, immediately, upon notice to Contractor. E. Equal Employment Opportunity. If this Contract meets the definition of “Federally Assisted Construction Contract” under 41 CFR Part 60-1.3, then during the performance of this Contract, Contractor agrees as follows: E.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. E.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 30 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com E.3 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E.4 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E.5 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. E.6 In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. E.7 The Contractor will include the portion of the sentence immediately preceding parag raph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so th at such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 31 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com EXHIBIT IV LICENSE FOR USE OF COUNTY SERVICEMARK County grants to Contractor the non-exclusive right to use its Servicemark (hereinafter “Mark”), described and listed in the Servicemark Guidelines (below), for programs and activities that are related to the governmental services provided by Oakland County, specifically relating to the scope of work in this contract. The Mark may be used on: (Applicable if Checked): ☐ Printed materials ☐ Electronic materials ☐ Contractor’s website: [insert website address] Contractor shall not use the Mark for any other purpose. The Mark must be used by Contractor as shown in the Servicemark Guidelines, with no variations of color, font or proportion. Contractor acknowledges that the County has intellectual property rights in the Mark. Nothing in this Contract gives Contractor any right, title, or interest in the Mark. Contractor may not take any action that will interfere with County’s rights in the Mark. The County may terminate Contractor’s rights under this Exhibit if County notifies Contractor it has breached the terms of this Exhibit and Contractor fails to cure the breach within ten (10) business days of notice of breach. Following termination of this Exhibit, Contractor shall have ten (10) business days to remove the Mark from the materials and/or website authorized for use above. Contractor shall provide County with written confirmation that such actions have been taken. Upon termination of the Contract, Contractor shall cease all use of the Mark. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 32 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com SERVICEMARK GUIDELINES The Guidelines for proper use of the Mark provided to the Contractor are as follows: [Insert] Do not provide copies to a third party of any artwork provided to you by County and referenced in this Exhibit, without the express consent of County. OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING CONTRACT NUMBER 005423 Page 33 Rev 2016/07/01(v3) OAKLAND COUNTY EXECUTIVE, L. BROOKS PATTERSON COMPLIANCE OFFICE PURCHASING Compliance Office | Purchasing 248-858-0511 | purchasing@oakgov.com EXHIBIT VI ACKNOWLEDGEMENT OF INDEPENDENT EMPLOYMENT STATUS I, , am an employee or subcontractor of (Name of Contractor’s Company): (hereinafter “Company”) under Contract #: , and acknowledge that: • At all times during my assignment to Oakland County, I will remain an employee or subcontractor of the Company • I am not an employee of Oakland County; and, • I may not represent myself as an employee of Oakland County. I understand that: • Company is responsible for establishing the conditions of my assignment to Oakland County; and • Company is solely responsible for compensating me for my services; and • I understand and agree that as an employee or subcontractor of Company, I am not eligible to participate in or accrue any benefits under any of Oakland County’s employee benefits or benefit plans, including retirement, deferred compensation, insurance (including without limitation: health, disability dental and life insurance), vacation pay, and any other similar plans and programs. However, if I am a retired County employee I may receive vested post- employment benefits such as retiree healthcare and pension benefits from Oakland County. I understand that the post-retirement benefits I receive from the County cannot be enhanced by my work for the above Contractor. I acknowledge that: • I have no copyright, patent, trademark or trade secret rights to any Oakland County Intellectual Property or any work developed by me while providing services to Oakland County; and, • I shall sign any documents necessary for the County to register patents, copyrights, or trademarks with federal or state agencies. Print: Date: Sign: Witness: Date: Sign: *Contractor or Contractor’s Employee must provide a copy of completed form to the Compliance Office/ Purchasing Unit – Purchasing@oakgov.com before receiving a County Identification badge. ~ qualtrics. W resea rchcoRE N Tommy Hoschouer Q ualtrics Corporate Account Executive tommyh@qualtrics.com 801.228.0362 qualtrics :: ~x:~~~ENCE Response to Oakland County 'OAKIAND~ COUNTY MICHIGAN EXHIBIT VII SCOPE OF CONTRACTOR DELIVERABLES / FINANCIAL OBLIGATIONS qualtrics :: ~x:~~~ENCE Executive Summary Qualtrics understands that Oakland County needs the best in cla ss market research capabilities in cludi ng th e ab il ity to format survey qu es tions, add question l ogic, dist ribute to a la rge audience, analyze re sults, and r eport in re al time. Qualtrics fits these require ments and we look forward to talking with you as we progress through t h e proposa l process . A. Survey needs: 1 . Is the application web-based and ca n it allow for mass evaluation distribution? Qualtrics is a web-based tool. The Qualtrics mailer provides an easy and conven ient way to distribute your surveys to large groups of peo ple. By using th e mailer, you can send customized email invi t ations to yo ur p articipants, track their progress, and prevent frau d an d abuse of your survey. Oakland Co unty ca n route outgoing Qualtrics messages t hrough your own mail server using Simple Mail Transf er Protocol (SMTP). You ca n m aintain complete control over emai l se nt out through Qualtrics, incl uding the defau lt "fro m address" and bounceback information. Th e platform assigns a unique link to each individ ual to whom the survey is sent and as sociates their personal information with their survey re spon se, allowing Oakland Co unty to send reminder messages to those individual s who have not yet completed the survey without disturbing those who ha ve. For those cases wh ere an admi ni strator needs to use a third-pa rty mai l system to distribute survey invitations, but also need s to track which responses belongs to which recipients, Qualtrics can generate a li st of uni q ue survey links. The content of a n ema il in v itation is very customizabl e. The adm ini strator w ill have the ab ility t o pull any panel information (in formatio n from an uploaded list) and place that into t he ema il inv itation. Thi s translates into a very customized invite for eac h responde nt. 2. Is the application compliant with HIPAA standards (for communicable disease investigations, etc.)? Qualtrics allows you to be HIPPA compli ant. In addition, we are taking the high es t measures to ens ure t h e secur ity of our customer's data. FEDRAMP: THE GOLD STANDARD Fed RA M P is considered the "gold standard" for sec urity certifications. In 2015, Qualtrics contra ct ed w it h Ve ris Group to initiate the Federal Risk Authorization and Management Pro g r am (FedRAMP ) accred itation, thus sett ing forth a roadmap to ac hieve one of the highest security ratings in the world. The partnership with Veris Group provides expert guidance an d an ind epen dent voice to assess th e security posture of Qualtrics, ultimately be nefiting its 9,000+ customers. Once Qualtrics is "Fed RAMP Ready," anothe r ind ependent auditor will verify all t he security controls written in the subm itted documentation. Prese ntly, Qua ltrics is Fed RAMP "in Process." Please visit:https://www.fedramp.gov/marketplace/in -process - systems/qualtrics-qualtrics-inslght-platform/ The Fed RAMP program was desi gned to enable U.S. federal agencies to utilize managed Internet-base d se r vice prov iders. The program is designed t o comply w ith the Federal Information Sec urity Management Act of 2002 (FISMA), an d is based on the NIST 800-53 Rev. 4 st andard w ith over 900 co ntrols. 2 Qua ltrics Response to Oakland County ©201 7 Qualt rics -Company Confid ential qualtrics :: ~x:~;~ENCE Many controls may be cross-referenced with such standards as ISO 27001/2, PCI, and HIPAA (Hitech Act). Security experts recognize that FedRAMP certification means having one of the highest non-military accreditations. It is supported by the Department of Defense, Department of Homeland Security, and GSA. The refo re , these methodologies and procedures will bring leading-edge security to all Qualtrics customers around the globe. For more information, please visit the following link: http://www.fedramp.com 3. Are we able to design surveys/forms with different question types and interactive question capabilities (ex: registration form for a meeting)? Qualtrics offers all of the standard question types, as well as a variety of more interactive question types intended to boost response rates and drive sincere engagement from customers. Amongst these interactive question types are card sorting, drag and drop ranking, dragable sliders, sliding bars, sliding scales, star ratings, hea t map, and hot spot question types. Multiple choice questions also f eature the ability to use images as the choices and to add in 'other' text boxes and 'N/A' options. Other properties included going from a likert to bipolar scale with a single click. Multiple types of text entry are available, including single line, multi line, essay, password , and form. Users can set individual properties in each text box when using the form field option. Resizing text boxes is available on the user interface, using simple mouse dragging. Constant sums allow users to choose to show a total to respondents, or have it hidden. Users can also use images as the responses to be ranked. Qualtrics features a pick, group, and rank question type that allows responses to be categorized, and then ranked within categories. Drill down question allows the use of a .csv file to up loa d fie lds corresponding to each level. Questions available in side-by-side include open end, single, multi, dropdown, and sca le . MaxDiff matrix tables are available out of the box with Qualtrics. Qualtrics has out of the box heat map and hot spot questions, allowing for both random pinpointing on images, and for designating specific regions within an image. Stars are also available, out of the box. Qualtrics features an out of the box gap analysis question type. Survey designers can use audio/video el ements in the body of a survey. Qualtrics features an out of the box Captcha and file upload question type. When a su rvey is accessed via a mobile device, the on board mobile camera can also be used to upload photos/videos. Beyond rich t ext editing, the loo k and feel of any survey can also be controlled with HTML and CSS. Various media can be used in the Qualtrics survey, being stored either locally, within an organizational library, or direc tly accessed from the web. 4 . Can we download or print f i les from within a survey and pipe information from RSS feed into a survey? Downloading and Printing Files From Within a Survey Within Qualtrics, a survey creator can attach a file, which can then be downloaded by a survey respondent. 3 Qualtrics Response to Oakland County ©2017 Qua ltrics -Company Confidential Test • Intro ✓ Q4 ,.. Bloc (A) • ~EJ A· ~· ~ §: :a! Have you attended any of our events? Ability to attach a file to a survey question I !l ~ Less ... Figure 1 Qualtrics allows you to insert files into a survey question qualtrics :: ~x:~~~ENCE r. Alternatively, there is also a File Upload question type, which allows respondents to upload a file along with their survey response. This means that Oakland County can collect data that may not be available through standard survey questions and satisfy many different internal and external workflows through Qualtrics su rveys. Surveys can have as many file upload questions as required , but there can be only one upload file-up to 16MB-per question (for questions requiring multiple files consider using ZIP file). For security r easons, executable files (such as those ending in .exe) are not permitted. ,✓1010 Please up?oad your resume: 0 D I Choose Mt J No tlo chosen r•li Import Questions From ..• Cl&Uil@·bd• Md Block -Var.datOO Optoos I Force Response Vald.!1 1.on T~p,e i ) Nooe •i Con1ent Validation l Custom VaHt.bon Conlool Type •• PDF lloeumMl Sp,e3dsheet ' Graphic ' E~ensk>M Figure 2 Easily Configure and Re strict Uploads. Our intuitive survey designer lets users fully customize what files are allowed and build logic based on several file variables, such as size and type. Piping Information From an RSS Feed Sometimes it's useful to bring additional information from a website into y our survey. Our web service el em ent allows you to do just that. For example, you can pull in the top 10 Headlin es from CNN.com for a current ev ents survey. You ca n even write your own w eb program and then integrate ac cordingly. 4 Qu altrics Res ponse to Oakland County ©2017 Qu altr ics -Co m p any Confidential Survey Flow cSAr 01 ~ Web Service ilahttp://reportlng.quallrics .com/projects/randomNumGen.php Fire and Forget Set Embedded Data Im Cou ponCodelD l:iJ Show Block: Screener (1 Ques tion) ICI Show Block: Main Survey (3 Questions) + Add a Now Bomcnt Horo = I~ random Figure 3 Web Service Example. Integrate websites into your survey as needed. qualtrics :: ~x:~~~ENCE U S how Flow IDs j Mako Bigger 1 1 Mako Smeller 12£11ldl loo Add Oolow Movo Oup !ClllO Doloto Add Bo!ow Mo\'O Oup ICOIO Doloto Add Bo!ow Movo Oup !Clll O Dotolo You are also able to then record information as embedded data and pipe that information into a survey using piped text. Qualtrics also has API functionality which you can learn more about at https://api.qualtrics.com/. 5 . Can we brand surveys with our logo using cust omize fonts, sizes and colors and design a custom header/footer and/or progress bar? Qualtrics us es a point-and-click interface to make it simple to program the design, layout, and e nsure surveys provide a uniform experi ence with the Oakland County brand, color schemes, etc. We also have a design t eam that can assist with more complicated theme builds and brand reinforcement. Our platform includes this functionality. Qualtrics also allows you to add cu stom headers and footers as well as a progress bar. For more information visit, https ://www. qua Itri cs. com/support/survey-plat form/ edit-survey /look-fee 1/look-feel -ove rvi ew / 5 Qualtrics Res p onse t o Oakl and Co unty ©201 7 Qu altrics -Company Confidential Next Button Text: Back Button Text: Progress Bar: Page Transition: Questions per Page: >> << With Text Without Text I -=• With Verbose Text qualtrics :: ~x:~~~ENCE Figure 4. Adjust How Respondents See Their Progress. Qualtrics provides four options for progress bars: No progress bar, with or without te><t, and with verbose te><t. 6 . Is your software compliant with HTML 5 which will allow mobile and tablet devices to use your software and compile with Oakland County standards for future integration with our website? Qualtrics is compliant with HTML 5. As mobile usage becomes more and more common, it's important to format and optimize your survey's mobile experience. In order to accomplish greater compatibility, we have designed some question types with additional mobile functionality to make them better accommodate mobile devices. Though all Qualtrics question types are compatible with a variety of mobile devices (including iOS, Android, and Windows Phone systems), there are three question types that have mobile-specific features built in. • Matrix table • Slider • Side by side Mobile Compatibility Advisor Th e mobile compatibility advisor saves you time by automatically tracking potential mobile issues, so you won't have to constantly preview your su rvey to ca tch them all. When a question merits a mobile preview, the mobile compatibility advisor puts a mini mobile device icon to the left of the question (se e figure below). If you click on the icon, it will explain why the question may need attention. You can then preview the survey to see the question's actual behavior and mak e the necess ary adjustments. 6 Qualtrics Response to Oakland Cou nty ©2017 Qualtrics -Company Confidential tr u Morning (9 am • 11 am) u Midd ay (11 am -1 pm) u Early A f ternoo n (1 pm -3 pm) V Lat e Afternoon (3 pm -5 pm) 1 ✓i Q12 Tha nks for taking our survey about Mobile Friendly Features! Which Features have you used? Wide cho ice labels may cause th is question to overflow on small moblle devices. Mobile Preview l I Q13 Pl ease provide the following information about the following: qualtrics :: ix:~~~ENCE Scrollabl e Side-by-Si de u I w ill use this f ea ture I am excit ed about this Comment s: , ......... ... Figure 5. Mobile Compatibility Advisor. Mobile Specific Content Because of the nature of mobile devices, you may want to create a different survey experience for your mobile respondents by showing different questions or end of survey messages. You ca n do this in the survey flow with b ranch logic based on a mobile device type so that only mobile devices will experience that content. Survey Flow Cu stomorScrvico U Show Flow IDs I Make Bigger I I Mak e Smaller I IF-----------------------------------------------, m Th en Branch If: If Device Type lsMobileEdi t Mova Duplica te Option$ Co114pso Dolot o l'iJ Show Block: Mobile Only Questions (6 Questions) Add Below Mc m End of Survey Move Duplicate CUatomlUI Delete + Add a Now Elomont floro I liJ Show Block: Demographics (1 Qu es tions) Add Oolow Movo Dupl,co t o Ooloto I a Show Block: Customer Ratings (6 Qu est ions) Add Oolow Movo Duplica t e Ooloto C lose ff Wii¥I Figure 6. Mobile-Specific Survey Experiences. Mobile Optimization Best Practices 7 Qualtrics Response to Oakland County ©2017 Qualtrics -Company Co nfidenti al qualtrics :: ~:~;~ENCE Surveys are now more likely than ever to be taken on a mobile device. We can help ensure your survey is designed with best practices to increase your survey's mobile experience and response rate: • Minimize the need to scroll. This means breaking up large questions into more manageable sizes and adding enough page breaks. • Limit the number of open response type questions in your survey (answering open text questions is even less fun on a small mobile device). • Cut down on image use, particularly large images. Mobile devices may not be able to display the entire image. • Test your survey! Put yourself in your respondents' shoes and ask whether you would want to take your own survey. B. Question Formatting Abilities: 1 . Can we build surveys quickly by changing the layout and pulling questions from professionally designed surveys? In addition to providing survey templates, Qualtrics has saved some common questions you can put in to your survey. For example, have you ever needed your respondents to select a date, but didn't know how to make a clickable calendar? Have you ever wanted them to select from a list of countries without having to find a list of every single one yourself? The Qualtrics Library questions are here to help. Learn more at https://www.qualtrics.com/support/survey- platform/survey-module/editing-questions/question-types-guide/pre-made-qualtrics-library-qu es tions/. 2. Can we use quantitative methods such as Likert-type s cale, other types of rating scales, and multiple choice, as well as qualitative methods like narrative responses? Question types support multiple scales and answer choice options including Likert, ratings, multiple choice, and open- ended responses. There are also many built-in scales to choose from as well, if desired. For more information on e diting questions, please see the following URL: http://www. qua ltrics.com/ university/ resea rchs u ite/basic-b u i Id i ng/ ed iti ng-q uestions/form at-questions/ 3 . Can we create our own library of questions, surveys, messages, images and media? Beyond just surveys, Qualtrics stores other useful content you upload such as graphics, files, and messages. These libraries are accessible via the library section. The following scr eenshots illustrate this functionality. 8 Qualtrics Response to Oakland County ©2017 Qualtrics -Company Confidential qualtrics .: ~x:~~~ENCE Current Library : Qualtrica Demo .... Projecta Contacts Ubrary Admin Help & Feedback (>-<) Messages Library + Coovtothlallbrarv °' Search Standard 13.,sic 1-1 All Folders 0 Standa1 d Basics ..., Figure 1. Library Overview. Oakland County can see surveys, messages, files, and more in the library tab. Current Library : Quattrics Demo .... Projecta Contacts Ubra,y Admln Help & Foodbeok (D Survey library H Messages Library + Copy to thla Llbrarv °' Search St,mdard [13sic r-1 All Folders 0 Standard Bas ics ..., In I Uncategorized ifd·'11 Show Blocks Show Questions r 7 Q Questions 0 Description ... Typo 0 St andard Baalcs D ~ CSATBasic Block 0 + NewFolder G Introduc tion & Consent Ques t ion 0 Figure 2. Using the Survey Library. The survey library includes surveys, blocks, and questions to make designing a new survey quickly and easily. User can also access survey, block, or question templates from any user group libraries that they have access to. 9 Qualtrics Response to Oakland County ©2017 Qua ltrics -Company Confidential q u a Itri cs :: ~"cf~;~ENCE Current Library : Quattrics Demo .., Projecta Contacts Ubre,y Admin Help & Feedback ~ Graphics Library l>--<l Messa ges Library + Upload Grephlc Q,, Search All Folders ... [§ Al Foldere • All Fo lder s m I Sort By: Description, Ascending ln I Uncategorized 0 r _] Examples 0 --_, -[ 1 Heat M ap 0 + NewFolder Figure 3. Storing Images for Your Surveys. Users can upload JPG, PNG, and G/F files that are 16MB or smaller for use in surveys. Current Li brary: Qualtrics Demo .., Projects Contacta l.l)ruy Survey Orector Help [ill Survey Ub<ary BJ Graphics Library l 1& Flies Library 1 ~ Messages Ub<ary Figure 4. Sto ring Files for Your Projects. Us ers can upload multiple types of files in cluding PDFs, Word, Excel, text, audio, image, and other. Cu rrent Lib ra ry : Qualtrics Demo .., Projects Conta.cts l.l)ruy Su,wy Orector Help I [ill Survey library BJ Graphics Library ['._) Files Library I £:'i Messages Library I Figure 5. Storing Survey Messages. Th e message library in cludes all messages used for your surveys, s uch as invite emails and e nd of survey messages. 4. Does the application provide the ability to customize display settings with added images and embedded video and audio clips? Qua ltrics support s embed ding video and audio clips . Learn m ore here: https://www.qualtrics.com/support/edit- survey/editing-q uest io ns/rich -con tent-ed itor/inser t-media /lll 10 Qualtrics Response to Oakland County ©2017 Qualtri cs -Company Confident ial qualtrics :: ~x:~;~ENCE 5 . Can we randomize answer choices, questions, and blocks of questions in the s urveys we create ? Yes. With Qualtrics, Oakland County can randomize choices, questions, or entire blocks of questions. With a randomizer in the survey flow, Oakland County can randomly present question blocks, embedded data, and other survey flow elements. Survey Flow Employoo Feedback r:iJ Show Block: Introduction (3 Quest ions) E3 Randomizer Randomly present 1:1 [ 3 ] 0 of the l oltowing elements U Evenly PteSent 8ements I r:iJ Show Block: Career Development (3 Questions) l:iJ Show Block: Company Culture (4 Ques tions) a Show Block: Comp & Benefits (3 Que stions) + Add o Now EJomont lioro + Add o Now 8omont 1•0<0 O Show Flow IDs I Make s 1, Add Oolow Wovo Dupl cato Delete Add Oo?ow Wovo Dup cato Co'lapso Delete AddOc:ow Mo AddOo'ow Wo AddOclow Wo Figure 7. Randomizer. The Randomizer tool allows blocks-a series of questions-to be randomized within a certain secti on of a survey. 6 . Does the application allow customized logic such as only d isplaying certain questions based upon previous answers selected by the respondent? Our philosophy at Qualtrics is based upon customization. We believe that every organization is unique and d eserves the time and attention to determine what way questions should presented . Some clients we have worked with choose to have the questions randomized and others want a more structured layout. Also within in the p latform, there are logics that allow questions to appear based upon the way a respondent answers the previous question. For example, if the respondent se lected the option "very dissatisfied" a question would then appear asking them to elaborate on why they se le cted "very dissatisfied". Qualtrics would work with Oakland County to determine the best fit. 7. Can we questions be available in multiple languages? Qua ltrics surveys can be translated into more than 70 languages. Our platform will automatically detect the browser language of each person who opens a survey and change the t ext accordingly. Each user will see the survey in a language they are comfortable with, and b eca use there is just one survey containing all t ra nslations, all results will come back into the same data set. 11 Qualtrics Response to Oakland County ©2017 Qualtrics -Company Confidential qualtrics :: ~x:~~~ENCE The following languages are supported for Su r vey Translation: Albanian Chinese (Traditional) Arabic Croatian Armenian (Eastern) Czech Assamese Danish Azerbaijani (Latin script) Dutch Bahasa Indonesia English -UK Bahasa Malaysia English -US Belarusian Esperanto Bengali Estonian Bosnian Finnish Brazilian Portuguese French Bulgarian Georgian Catalan German Cebuano Greek Chinese {Simplified) Gujarati :: Event Survey v Survey Actions Distributions Data & Analysis Reports l •Wibdl Tran slate Survey Q3 ~ Please rate the ad you just viewed by telling us how much you agree with each statement. The ad irritated me -it was annoying. The ad was in poor taste. I felt as though 1 u,.,,... .-i~h+- Strongly 01,agree Somewhat Agree Hebrew Marathi Slovenian Hindi Mongolian Spanish EU Hungarian Montenegrin Spanish LATAM Icelandic Myanmar/Burmese Swahili llonggo/Hiligaynon Norwegian Swedish Italian Odia/Oriya Tagalog Japanese Persian Tamil Kannada Polish Telugu Kazakh (Cyrilic) Portuguese Thai Khmer Punjabi Turkish Korean Romanian Ukrainian Latvian Russia n Urdu Lithuanian Serbian Vietnamese Macedonian Sinhalese Welsh Malayalam Slovak Projects Contacts library Ad min Help (L) Mi¥h¥frM USHH:Hi:HS Translation Overview LJ 3 / 8 LJ ! Q3 [o .,m,n ~ • [+ ! t Wie viel stim men Sie mit jeder Aus sage Ober die Werbung Oberein. Die Werbung irritierte mich es war nervig DieWerbung war in schlechtem Geschmack. Entschicden Nicht Et wa s nlcht Etwas widersprechen zustlmmen einverstanden zus timmon Zustimman Figure 8. Enabling Oakland County to Run a Global Program. Qualtrics supports more than 70 different languages . This functionality will enable Oakland County to support a global program. 8 . Are we able t o allow respondents t o save answers and continue later? Survey administrators can easily add the save and continue functionality to any survey. Save and continue works by placing a cookie on the participant's browser that keeps track of their progress. If you are distributing your survey using individual links, progress is tracked automatically and save and continue is not needed. By default, respondents have 12 Qualtrics Response to Oakland County ©2017 Qualtrics -Company Confidential qualtrics :: ~:~~~ENCE one week to return to the survey and finish their response. After a week, their response w il l be recorded as-is. This time period can be changed using the partial completion setting. 9 . Are t h ere various respon se meth ods avail ab l e such as ra d io buttons, multip le cho ice, matrix table, t ext entry, rank order, etc.? Qua ltri cs supports more than 90 different question types divided into categories. Some of the categories include the following: • Descriptive Text • Multiple Choice • Text Entry • Timing • Org Hierarchy • Graphic • Matrix Table • Side by Side • Meta Info Question Response opti ons vary by question type, but include radio buttons, multiple choice, matrix tales, text entry, and rank order, etc. 10. Can we choose whether to allow single or multiple answers to be selected? Yes, Qualtrics offers several variations on multiple choice questions options including the following: • Single Answer. The singl e answer format allows a respondent to se lect one, and only one, answer choice • Multiple Answer. The multiple answer format allows a respondent to select multiple answer choices • Dropdown List. The dropdown list format displays answer choices as a dropdown list; respondents can only pick one answer choice • Select Box. The select box format displays answer choices in a list respondents can scroll through. Respondents ca n select only one answer choice • Multi Select Box. The multi select box format displays answer choices in a list respo ndents can scroll through. Respondents can easily select multiple answer choices through several methods. To select options in a row, they can click and drag their mouse or hold down Shift when selecting. To select non-sequential options, they can hold down Ctrl (on a PC) or Cmd (on a Mac) when clicking. Question Logic Abilities: 1 . Are we able to control survey flow by using logic to show and hide questions? Yes. The Survey Flow is a block-level view of a Qualtrics survey. Users can customize where respondents go in a survey and what they see by contro llin g survey flow. This can be as simp le as rearranging question blocks or as complex adding multi-conditional elements li ke branch logic that direct and personalize your respondents' survey experienc e. 13 Qualtrics Response to Oakland County ©2017 Qualtrics -Company Confidential qualtrics .: ~x:~~~ENCE Respondents wi ll start at the top of a survey's flow and work their way through until they reach an end point and finish the survey based on the responses given, their demographics, and any other information that Oa kland County survey designers use to build the survey's logic. For example you might combine survey flow elements to screen out respondents who do not meet your target demographic criteria and give them a custom end of survey message. Survey Flow Wcbslto Eye-Flow Evaluation j liJ Show Block: Intro Block (4 Q uestions) I liJ Show Block: Web Page 1 (0 Questions) I Show Block: W eb Page 2 (O Questions) What do you want t o add? Cancel I C, Block I --.: Branch l!:I Embedded Data [ :X: Randomizer A End of Survey Cl Ref erence Survey I ~ T able of Contents + Add a Now Demont I lore ----- !II Web Service • Conjoint Add Botow Movo Dupl/c ato Do'cto I Add Below Movo Duplicate Do'oto I Add Below Move Dupllcato Dc'ctc I a Authenticator Figure 9. Create the Exact Survey Flow You Need. Qualtrics survey flow and logic is advanced, yet our intuitive, point-and-click interface makes it easy for new researchers to jump right in and start designing professional surveys. The following is a list of the different survey flow elements that can be used in combination with each other to cre ate a well-designed research project. • Question Blocks: Show a block of questions (typically used in conjunction with other Survey Fl ow elements) • Branches : Conditionally display b locks and other elements • Embedded Data: Add any extra information beyond the question responses (such as panel data or other variables) • Randomizer: Randomly pre sent question blocks and othe r elements • Web Service: Pull external information into t he survey • Authenticator: Verify re spondents' identities before they ta ke the survey • End of Survey: Terminate respondents at various lo cat ions with custom experi ences • Table of Contents: Allow respondents to self-navigate question b locks • Reference Surveys: Use th e same sets of questions in multiple su rveys 2 . Does the application allow survey developers to create multiple laye rs of logic settings and add multiple conditions for advanced situations? Yes , Qualtrics is designed to build advanced survey logic, including branch, skip, and display logic. Multipl e layers of logic can be app lie d to specifically target survey segments. 3 . Does the application have the logic capabilitie s to end surveys if respondents don 't qualify a n d provide multiple termination points w i thin a survey? 14 Qualtrics Res pons e to Oakland County ©2017 Qualt rics -Company Confiden t ia l qualtrics :: ~x:~~~ENCE Yes. It is sometimes necessary to have a different end-of-survey experience for different respondents. For instance, if a respondent indicates they don't meet the demographic requirements of your survey, you might want to end the survey early for them and display a message letting them know they didn't qualify. U Show Flow IDs Survey Flow E•Book customor Survey I Make B igger I M ako Smaller I 11:iJ Show Block: Demographics (2 Questions) Add Below Movo DJp'lco to Ocloto IF'--------------------------------------------m Then Branch If: If What Is your age? Under 18 ls Select ed a Show Block: E.xlt Block (1 Question) m End of Survey Move lluptlca1e Customize Delete + Add a Now Elomont I tore IF m Then Branch If: If Do you c urrently own an E-Book Reader? Yes Is Selected i;J Show Block: E-Book Curre nt Customers (1 Question) Figure 10. Use survey logic to give participants different survey ending paths. Movo Duplicate O?tlCYlS Col apse Ooloto Add Solow ~ Movo DuoHcat o Optl<Yls By default, end of survey elements will us e whatever survey termination settings are set up in survey options (for the general end of survey message). However, if you want to customize your survey endings, these can be cu stomized by checking the override survey options che c kbox. From there, you can access additional options for changing the end experience for respondents who leave the survey at this point. 15 Qualtrics Response to Oakland County ©2017 Qualtrics -Compan y Confidential qualtrics :· ~x:~~~ENCE Customize End Of Survey ( f,!J O verride Survey Options ) \!) D efault end of survey message. (J Custom end of survey message .... U Redirect lo single response report. u Redirect to a URL ... U Send additional t hank you email from the library ... O Do not increment quota counts. U Show Response Summary. U Do NOT record any personal informat ion and remove panel association (not recommended). 0 Flag Response As Ser nt 1-0ul • (J Do NOT record survey response (not recommended). lJ Screen-out Re sponse Show Screen-out Counts - Figure 11. End of Survey Options. End your survey in a variety of ways: default endings, custom endings, redirect to a single response report, or redirect to a URL The following termination options are available (note that you can select o nly one message o r r edirect option): • Default end of survey message: Display the generic thank you message ("We thank you for your time spe nt taking this survey. Your response has been r ecorded.") to responden t s when they finish the survey. • Custom end of survey message: Di splay a cust om message to respondents when they finish the survey. • Redirect to single response report: Di splay a generic repo rt showing the respon dent their answers. This gives respondents the option to download the individual response as a PDF. • Redirect to a URL: Automatically send the respondent to another website upon completion of the su rve y . Th e following additional options are available (you ca n select as many of these as necess ar y): 16 • Send additional thank you email from the library: For contact li st re spondent s, choose a custom thank you email to automatically be sent to them at the end of the survey. • Do not increment quota counts: Ignore these responses when tallying quotas. • Show Response Summary: Upon full su rvey compl etion, show the resp ondents a survey overview with t he ir answers se lected . This gives respondents the option to download the individual response as a PDF. When this option is enabled, you can also enable show response summary b efore completing the survey, which allows a re spo ndent to see their answers before submitting th em and th en go back to chan ge them if t he back button is enabled. • Do NOT record any personal information and remove panel association (not recommended): Permanently scrub the re spon se of identifying information (su ch as IP address or any associated contact li st information) before sav ing it in th e res ults. Thi s option is h elpful if you need to send your survey to a contact list so that you know w ho is participating, but you also nee d to k ee p individual r es ponses anonymous . • Flag Response As: Fla g responses as Screened or Quota Met for the 'Q_ Terminate Flag' embedded data fi eld. You must add th e embed ded data fie ld 'Q_TerminateFlag' to your Survey Flow for this column to appear in your downloaded datas et or report. Qualtrics Res ponse to Oakland Co unty ©2017 Qua ltr ics -Company Co nfidential qualtrics :: ~x:~~~ENCE • Do NOT record survey response (not recommended): Do not save responses from respondents who exit the survey at this point. This option also automatically enables do not in crement quota counts and flag response as screened-ou t. This is useful if you are screening the respondent out of the survey and don't want to collect a response . • Screen-out Response: Lab el and tally responses exiting the survey at this point without having to collect those responses. 4 . Can we customize messages and survey endings to responden ts based on t heir answers? Yes. Qualtrics can present a unique message to a group of respondents based on their answers or to each responde nt individually. 5 . Are we able to trigger alerts when surveys are completed or questions are answered in certain ways? Yes. Qualtrics supports advanced logic for triggering email alerts. 6. Is the application able to define the total number of required responses for a question or survey? Yes, this is available in Qualtrics' functionality. 7. Can surveys be turned into tests, if needed? Yes. A Preview Survey option is available for t es ting out the survey to see how it functions and looks on both desktop and mobile web browsers. In addition, Qualtrics can automatically generate test responses to get a feel for the data set. For more information, visit the following URL. http://www. qua Itri cs. com/university/ r es ea rchs u ite/ a dva nced-b u i Id i ng/ adv a nced-o pti ons-d rap-down/ a b out-a dvanced- options/ 17 Qualtrics Response to Oakland County ©2017 Qu altrics -Company Confidential -Fl#\'#1*5 IOJ qualtncs '°1, Based on your receot \1si1, how l,kely 111'8 you to recommend Clo!Nng ABC lo a l!lt:nd or lamly ,nember? Uot 11a.,u.efy 0 3 5&78810 0 0 0 0 0 0 0 0 0 0 0 qualtrics :: ix:~;~ENCE Figure 12. Make Sure Your Survey Looks the Way You Want. Oakland County can create a survey and then preview it from both computer and mobile perspectives. 8. Will the survey show the estimated time of completion and show the user the progress of their completion throughout the process? Yes. A progress bar option is available that illustrates to survey takers their progress through the survey. C. Distribution Needs 1. Does the application allow pre-set distribution dates and times? Yes. Qualtrics allows you to schedule distributions for specific dates and times. 2 . Does the application provide reminders to those who haven't complet ed the survey with the ability to schedule rem inders in advance? Yes. Reminder emails will on ly be sent to individuals who have not yet completed their survey and will include a link to that user's unique survey session: If they have already started th e survey they will continue where they left off. If they have not started a survey they will start their survey from the b eginning. Th ese can be sc heduled to go out at specific times. 3 . Can the applicat ion se n d automate d m essage s upon survey complet ion from a library of m essages created in advance? Yes. Using Email Triggers you can automate messages to be sent upon survey completion. You can use the messages library for th e automated messages. The messages library is a part of the Qualtrics content library, and allows you to store message templates, such as email invites and end of survey messages, for future use. Each time a user makes a message in Qualtrics, like a reminder emai l or cus tom validation message, it will be ava ilable 18 Qua ltrics Response to Oakland County ©2017 Qua ltrics -Company Confidenti al qualtrics :: ~x:~~~ENCE in the library for all users (depending on user permissions). Users can also create messages directly within the messages library and use them later. For messages in your library, users can perform the following actions: • •• • View: View a preview of the message. • Rename: Edit the name of the message. • Edit: Edit the message type, folder, name, and content. • Reveal: Move to the folder the message is in. • Copy: Copy the message to your account or to a Group Library. • Translate: Translate messages into other languages so that each respondent will see the survey in a language they are comfortable with. • Delete: Delete the message from the library. Deleting the so urce message here will remove the file from any survey or invitation that the message is being used in . P10Jects Contacts Library Admln Help (l) Survey Library Gruphlcs library A les Ubr.iry Mesug H Ubra,y f !i@+HN I Q. Sea1chMmag<S- All Folders @ Unc.,tegoriud 3 + Newfoldar There are no items in t his library. Explore other libraries or copy items to this library Figure 13. Control Survey Messaging in One Place. Message Types There are t en types of messages in the library. Creating the right type of message wi ll help users when trying to find or use the message later. 19 • Invites: Email messages se nt in an email distribution to invite participants to take a survey. • Reminders: Email messages sent to remind participants in an emai l distribution to take a survey. • Thank You: Emails sent to participants who have completed a survey in an emai l distribution. • End of Survey: The message participants see when they've completed their survey. • Inactive Survey: The message participants see when they open a link to an inactive survey. • Validation: Explanatory messages participants see when they fail specific validation requirem ents (e.g., not answering a question that has force response or inputting text in a question that has numeric Content Validation). Qualtrics Response to Oakland County ©2017 Qualtrics -Company Confidential qualtrics :: ix:~~~ENCE • General: Messages used in features like authenticators and the table of contents. • Look & Feel: Usually short phrases used as next or back button text or as header or footer text. • Email Subjects: Subject lines for emails sent in an email survey invitation. • SMS Invites: Text messages to invite participants to take the anonymous link of a survey. Create a New Message Mcssago Typo I End of Survey Messages Description / Screen-Outs Destination Folder v I I Messages Top i=] {a) I::. 1 13 Q Im I +-11 e: --·IE :: :: j fill Sourco I r, I l Font _· Ir Slzo • JI B I .!! ><, ><' ,..,. .!!.· Sorry, you do not meet the target demographic for this study. Thank you for your time and willingness to participate I Cancel ./ Create Message Figure 14 Our Rich Text Editor Lets You Get the Message and Visual Aesthetics Right. 4 . Can we build or upload a list of respondents from an address book with the option to send to thousands of respondents from the County domain? Yes. Using a Contact List you can send to thousa nd s of respondents. The Qualtrics system allows you to easily import contacts, with associated demogrpahic and operational data, using a CSV file. 5. Are we able to target survey distribution to a specific group? Our platform allows you to create sample sub-groups of participants from your contact l ists to which you can send surveys. You can sa mple randomly, or you can select participants that meet certain co nditions . This gives you the freedom to target specific segments of your audience at a time, allowing you to run pilot distributions, space your data collection over time, r each out to individuals who haven't responded to a survey invitation-or vice versa-and more. 20 Qualtrics Response to Oakland Cou nty ©2017 Qualtrics -Company Confidential Create Sample Contac t List I My Test Em ail List Sn111plc Mame I Group M,IX Snmple Si ze I 500 Swnplc llnndomncss More Random Conditions I Embedded Data v 11 Field Nam e qualtrics :: ~x:~~~ENCE @ Faster [J I 1s Equal lo v I Value [J cance l i[I] Generate Sample Figure 15. Create Samples Based on Survey Responses for Future Resea rch Needs. Target specific segments of your audience for future research 6 . Can we prevent respondents from taking surveys multiple times? Yes. In t h e event tha t an administrator wants to prevent a survey from b eing t ake n multiple times, he/she ha s a few options . First, if the link is anonymous, t he admin ca n select the "Prevent Ballot-box St uff" optio n from w ithin the Survey Options m enu. Second, they can distribute a unique link th at w ill only allow for one su rvey take. Lastly, the ad min ca n authenticate each respondent to a panel (group of uploaded respondents into Qua ltrics), whi ch can res trict a respondent from t aking a survey multiple times. 7 . Can the application embed a customized website pop-up that links to the survey? Yes. The ability t o co nditionally t ri gge r Site Intercept is based on events th at occur on the webpages of a website. Actions fro m the browse r application (e.g. clicking refres h, pressing ex it or back button) are compl etely outside the remit of any website and Site Intercept ca nnot be triggered based o n browser activity. When a user exits a website, it is not possible to display a survey to the end user as no page longer ex ist s upon w hich that survey co uld have been disp layed. In such circumstances there are several approaches to pre-empt the exit and display a survey based o n such conditions. For example: 21 1. If the average browsin g session duration of a website is known to be X seco nds, an exit co uld be pre-empted and a survey display after X-5 seconds. Qu altrics Response to Oakland Co unty ©2017 Qualtrics -Company Confidential qualtrics .: ~:~;~ENCE 2. Javascript code can be used to track the loca t ion of the mouse on the website, and if this is located within the top of the page (e.g.when the mouse coordinates indica te an upward movement and it enters t he top 2% of the sc reen) it co uld be assumed that the user is moving towards the browser buttons to perform an exit; and based on the pointer location, a survey is displayed 3. Upon entry to a website an initial survey could be presented to the user asking if they wou ld l ike to answer a survey upon exit. By clicking yes, the visitor is essentially giving their permission for a pop-up window to appear after the tab has been closed. This would open the exit survey that sits behind the webpage. Once t h e website is exited, this survey moves to the front and the user can answer the survey. When a user clicks the back button, the URL of the webpage will change to a prev iou s browsed page. Cond itional logic based on the website browsing hi story can be used to present a survey. D. Analysis and Reporting Abilities 1. Can we combine aggregate responses into a single; overall score to determine items such as satisfaction or personality assessments? Yes. Qualtrics Reporting allows you to crea te visualizations repre senting aggregate data. Qualtrics also has scoring and math operation functionality, which al low you to determine scores. 2. Does the application provide different graph types that can be customized to format color, siz e, axis, and display settings? Yes, tables and charts in Qualtrics are fully customizable and easy to configure. 3 . Can we filter survey results by date range, subgroup, or completion s tatus? Yes. Filters can be based off of survey questions, saved respondent date, date ranges, and completion status. Thi s includes website data, Omniture Si teCatalyst data, and respondent information. 4 . Can we use subgroups to separate data according to characteristics of respondents and view a side-by-side comparison of demographic groups? Yes. Qualtrics Survey Reports allow the following: Filter Data • Filter survey results by date range, subgroup, or completion status • Track how a specific group responded to a survey • Create subgroups using question responses or embedded data Drill Downs • See a side-by-side comparison of demographic groups • View answers to every question grouped by a specific element • Drill down by survey questions, scoring categories, or embedded data 22 Qualtrics Response to Oakland County ©2017 Qua ltrics -Company Confidential qualtrics :: ~x:~~~ENCE 5 . Can the application provide response counts and percentages for each question answered? Yes. Qualtrics' Response Tables allows you to view response counts & percentages for each question. 6. Can the application export data into Word, PowerPoint, Excel or PDF format? All of these export formats are supported in Qualtrics. 7. Can we review how long respondents took to complete a survey with the date and time respondents started or finished a survey? Yes. Qualtrics reporting allows you to see a comprehensive Survey Respondent Overview: • Review how long respondents took to complete a survey • See the date and time respondents started or finished a survey • Track drop out rates and completion percentages 8 . Can we track drop-out rates and completion percentages? Yes, the platform provides information on drop out rates, completion percentages, and survey durations. Qualtrics provides a full survey health report that gives you data on where respondents are falling out in the research process. This includes distribution data as well as survey data. 9. Does the application provide statistical information for each question with the ability to view statistics like mean, variance, standard deviation, and totals? Statistics tables help you see multiple aggregate metrics for your chosen data source. This visualization evaluates all of the responses collected for that data source and displays calculated results such as mean and sta ndard deviation. 23 Qualtrics Response to Oakland County ©2017 Qualtrics -Company Confidential qualtrics :: ~x:~~~ENCE Worksheet Options v .! Q2 -On a s cale from 0-10, how likely are you lo recommend our product lo a frie ... NPse Score Field Minimum Maximum Mr.an Std Doviation Q2 7.0 0 10.00 8.63 1.27 ( Previous Page + Add Vleu11llzatlon Variance Tol~I Rosponses 1.62 164 Next Page ) Decimal P1ecision 2 Title [✓ NPS* Score D.:l Visual tat,on El 11, ti' e Im I ll r;, Columns ✓1 Minimum 1✓1 Maximum ✓· Mean ✓ Std Deviat ion ✓i Variance ✓I Tot al Re spo nses Figure 1. Viewing Key Statistical Data at a Glance. Qua/tries enables Oakland County to view key statistical data at a glance including minimum, maximum, standard deviation, variance and m ore. Qualtrics will enable Oakland County to customize the statistics table using the following options. • Minimum: The lowest value collected. • Maximum: The highest value collected. • Mean: Th e average of all values collected. • Std Deviation: The standard deviation across all values collected. • Variance: The variance across all values collected. • Total Responses: The total number of responses collected that contribute to the statistics. E. Real-Time Reporting 1 . Can we see survey data in real time to create and share online reports? Yes. Report Sharing includes the following: Export Reports 24 Qualtri cs Res p o nse to Oakl and County ©2017 Qualtrics -Company Confid ential qualtrics :: ~x:~~~ENCE • Export reports to Word, Excel, or PDF format • Create a professional presentation in seconds • Share response tables, graphs, or statistics Automatically Email Scheduled Reports • Schedule report emails for regular updates • Choose the exact minute a report will be sent • Attach a document to an email Share Real-Time Reporting Dashboards • Create and share online reports • See survey data in real time • Protect sensitive reports with a password Export Individual Responses • View individual reports for each respondent • Export responses to PDF for easy sharing • See response summaries of surveys in progress 2 . Is password protection available for sensitive reports? Yes, Qualtrics allows Oakland County to protect sensitive reports with a password. 3. Can we quickly download raw data into other software applications like Microsoft Exc e l and have the ability to export data in XML or HTML formats? There are a number of ways that the data can be exported from Qualtrics. This includes the ability to export the raw data in a number of formats including CSV, TXT, SPSS, XML and HTML. Individual graphs and dashboard pages can also be exported to Excel and/or PDF. The following screenshot illustrates how easy it is to export the dashboard page to Excel/PDF: 25 Qualtrics Response to Oakl and County ©2017 Qualtrics -Com pany Confidential Export Options A u File Type ice fiP 1 Pap er Size Orientation Margin 70 60 PDF V I 20 Letter (8.5 x 11) Po rtrait v j 0 .25i n v I qualtrics :: ~x:~~~ENCE V I Close - Figure 16. Easily Export Data. Oakland County can easily share reports and other data through dashboard exports 4 . Can the application store information about respondents for future correspondence, surveys, and feedback? Yes . Qualtrics can store information dynamically about specific respondents in a contact list. This information can then be referenced in future surveys. F. Cost of System 1 . Provide the annual pricing structure for the survey product quoted. Ill See attached quote. 2. Are there different pricing levels based on functionality or other criteria? Pricing varies based on technology features, the number of use rs, and the number of responses. 3 . What user support is included in the annual cost? When is support available? 24/7 Te chnic al Support is included in the license. Te chnical Support can be contacted anytime via phone, email, or chat. Additionally, Qualtrics has an assigned Customer Su ccess Manager who can be a r esource for best practices, m ethodology, and strategic guidance. Ill 4 . Explain any training that is included in the annual cost and also any training that is lllavailable for separate purchase. Ill 26 Qualtr ic s Resp onse to Oakland County ©2017 Qualtri cs -Company Confidential qualtrics :: ~x:~~~ENCE Qualtrics provides free on-demand webinars and other online resources. In addition, special ized training from a Subject Matter Expert starts at $450 dollars per hour. 27 Qua ltrics Response to Oak land County ©2017 Qualtrics -Company Confidential PROPOSAL Q-1102498 PRICING TERM START DATE END DATE RC5 State of the Art SMS Screen Out Reporting Custorn Theme QUALTRICS PLATFORM 12 Months 27-Jun-201B 26··JUn··2019 RC Core Number of Responses: up lo 25000 Stats IQ (Describe and Relate) API Branded URL SMS Text Reserve : 50000 Custom Theme : 4 Advanced Question Types Offline App Adrnin User (Unlimited) SFDC Integration Advanced Quotas TOTAL AMOUNT DUE TO QUAL TRIGS Not including services (shown below) ADDITIONAL INFORMATION SUBTOTAL $43,100.00 DISCOUNT ($9,350.00) USD $33,750.00 Kind regards, Tommy Hoschouer Account Manager ADDRESS 33:1 w, River Park Drive Provo, UT 8t!-G04 PHONE WEB tomrnyh@qua!trics.corn