Item #02 Approval of a Five-Year Agreement between the City of Ocoee Fire Department and Target Solutions Ocoee
florid°
AGENDA ITEM COVER SHEET
Meeting Date: November 3, 2015
Item # 2•
Reviewed By:
Contact Name: John Miller, Fire Chief' Department Director: John Mil r
Contact Number: 407-905-3140 City Manager: Robert Fran
Subject: Approval of 5-year agreement between Ocoee Fire Department and rget Solutions.
Background Summary:
Target Solutions is an online resource that helps provide safe and effective firefighter training. The Target
Solutions program will allow the Ocoee Fire Department the ability to design monthly training programs and
properly capture and track training data. Target Solutions offers a large amount of Nationally recognized
training videos and lesson plans.
Issue:
The Ocoee Fire Department members are required to participate and document at least 240 hours of fire related
training per calendar year per department SOP. Currently the department is limited in the available lesson plans
for training. The department is in the process establishing an annual training calendar with safe and effective fire
related training and the use of the Target Solutions resources will help meet these goals. Another issue is
capturing the training data. Target Solutions also has the resources available to help in meeting this goal as well.
Recommendations
Staff recommends the approval of this agreement between Target Solutions and the City of Ocoee Fire
Department.
Attachments:
Attached is a copy of the 5-year agreement for services between Target Solutions and the City Ocoee Fire
Department.
Financial Impact:
The financial impact over the 5-year agreement is as follows. The pricing is charged as a per person amount.
Year 1 pricing is $80.55 per person, year 2 pricing is $82.56, year 3 pricing is $84.63, year 4 pricing is $86.74,
and year 5 pricing is $88.91. Agreement pricing is based upon 50 people. There is a one-time implementation
fee of $1500 that will be distributed through the 5-year agreement equaling $300 per year. An annual
maintenance fee of $395 is also included. We will be doing a budget transfer from 001-522-00-5203 to 001-
522-00-5405 to cover Year 1.
Year 1 $80.55 X 50 = $4027.50 + $300 + $395 = $4722.50
Year 2 $82.56 X 50 = $4128.00 + $300 + $395 = $4823.00
Year 3 $84.63 X 50 = $4231.50 + $300 + $395 = $4926.50
Year 4 $86.74 X 50 = $4337.00 + $300 + $395 = $5031.00
Year 5 $88.91 X 50 = $4445.50 + $300 + $395 = $5140.50
Total = $24,643.50 over 5 years.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. .A4 N/A
Reviewed by O N/A
2
TARG 4 • NS CONFrDENTL4L
DATE of SUBMISSION: 3/20/2015
TargetSolutions LICENSE TERMS: 5yrs
10805 RANCHO BERNARDO ROAD, Ste 200
SAN DIEGO,CA 92127-5703
877-944-6372-TOLL FREE Proposal To:
858-592-6880-DIRECT/858-487-8762-FAX Ocoee Fire Department
Attn: Fire Chief,John Miller
TS Sales Contact: Rhianna Syvertsen 563 5 Bluford Ave,Ocoee,FL 34761
jmiller @ci.ocoee.fl.us
954-881-3121, rds @targetsolutions.com
SCHEDULE A
DESCRIPTION UNIT PRICE QUANTITY TOTAL
Career Tracking Platform YR 1 $80.55 50 $ 4,027.50
Career Tracking Platform YR 2 $82.56 50 $ 4,128.00
Career Tracking Platform YR 3 $84.63 50 $ 4,231.50
Career Tracking Platform YR 4 $86.74 50 $ 4,337.00
Career Tracking Platform YR 5 $88.91 50 $ 4,445.50
Annual Maintenance Fee(Dept Fee) $395.00 1 $ 395.00
One Time Implementation Fee(Dept Fee) $ 1,500.00 1 $ 300.00
Year 1 Total $ 4,722.50
NOTES: Billed Upfront,Annually. Year 1 Invoice Total will be$4,722.50. The$1500 Implementation Fee
will be prorated to$300/yr over 5 years. The multi-year agreement locks in the proposed annual rates
listed above. The headcount may fluctuate. Annual renewal must be confirmed by the client.
By signing the Client agreement,you are 1)agreeing to the pricing and terms presented in this
proposal; 2)agreeing you have read and accept the Client Agreement and License terms and; 3)
agreeing you have read the TargetSolutions Platform System Requirements and Platform Solution
Description documents listed in detail at the following url:
http://www.targetsolutions.com/clients/client-resources/
TargetSolutions, Inc. business proposal pricing is good for 30 days from Date of Submission listed above.
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Client Agreement
This Client Agreement(the"Agreement"),effected as of the date noted in the attached Schedule A(the"Effective Date"),is by and between TargetSolutions
Learning, LLC. ("TSL"),a Delaware limited liability company,and the undersigned client("Client"),and governs the purchase and ongoing use of the services
described in this Agreement(the"Services").
1. Services. TSL shall provide the following 4. Intellectual Property Rights. APE MAXIMUM EXTENT PERMITTED BY
services: APPLICABLE LAW.
4.1. Client acknowledges that TSL alone (and 7. Miscellaneous.
1.1. Access. TSL will provide Client a non- its licensors, where applicable) shall own all
exclusive, non-transferable, revocable, limited rights,title and interest in and to TSL's software, 7.1. Limitation on Liability. Except as it relates
license to remotely access and use the Services website or technology, the course content, and to claims related to Section 4 or Section 7.2 of
hereunder and, unless prohibited by law, will the Services provided by TSL, as well as any this Agreement,(a)in no event shall either party
provide access to any person designated by and all suggestions, ideas, enhancement be liable to the other, whether in contract,
Client("Users"). requests, feedback, recommendations or other warranty, tort (including negligence) or
1.2. Availability. TSL shall use commercially information provided by Client, and this otherwise, for special, incidental, indirect or
reasonable. . Aal efforts TSL
display its content and Agreement does not convey to Client any rights consequential damages (including lost profits)
on for access and use by Client's and of ownership to the same. The TSL name and arising out of or in connection with this
twenty-four for) hours a day, seven (7) days a logo are trademarks of TSL, and no right or Agreement; and (b) the total liability of either
week, sour (2 ) hours a day,
downtime seven for doysna license is granted to Client to use them. party for any and all damages, including,
maintenance, emergency maintenance, system 4.2. Except as otherwise agreed in wilting or to without the amount direct total f s shall not
outages and other outages beyond TSL's control. the extent necessary for Client to use the exceed the amount of the the fees due e e
Services in accordance with this Agreement, already paid to, TSL for the preceding twelve
1.3. Help Desk. TSL will assist Users as needed (12)months.
on issues relating to usage via e-mail, and a toll `'Client shall not: (i) copy the course content in
o
free Help Desk five (5) days per week at whole or in part; (ii) display, reproduce, create 7.2. Indemnification. TSL shall indemnify and
scheduled hours. derivative works from, transmit, sell, distribute, hold Client harmless from any and all claims,
rent, lease, sublicense, transfer or in any way damages, losses and expenses, including but
2. Client's Obligations. exploit the course content in whole or in part; not limited to reasonable attorney fees, arising
2.1. Compliance. Client shall be responsible for (iii) embed the course content into other out of or resulting from any third party claim that
products; (iv) use any trademarks, service the Services or any component thereof infringes
Users' compliance with this Agreement, and use marks,domain names,logos,or other identifiers or violates any intellectual property right of any
commercially reasonable efforts to prevent of TSL or any of its third party suppliers; or(v) person.
unauthorized access to or use of the Services. reverse engineer, decompile, disassemble, or
2.2. Identify Users.Client shall(i)provide a listing access the source code of any TSL software. 7.3. Assignment. Neither party may assign or
delegate its rights or obligations pursuant to this
of its designated/enrolled Users; (ii) cause each 4.3. Client hereby authorizes TSL to share any Agreement without the prior written consent of
of its Users to complete a profile; (iii) maintain intellectual property owned by Client ("User the other, provided that such consent shall not
user database by adding and removing Users as Generated Content")that its Users upload to the be unreasonably withheld. Notwithstanding the
appropriate. Community Resources section of TSL's website foregoing,TSL may freely assign or transfer any
2.3. Future Functionality. Client agrees that its with TSL's 3rd party customers and users that or all of its rights without Client consent to an
purchases hereunder are neither contingent on are unrelated to Client ("Other TSL affiliate, or in connection with a merger,
the delivery of any future functionality or features Customers"); provided that TSL must provide acquisition, corporate reorganization, or sale of
nor dependent on any public comments regarding notice to Client's users during the upload all or substantially all of its assets.
future functionality or features. process that such User Generated Content will
7.4. Force Maieure. TSL shall have no liability
be shared with such Other TSL Customers. for any failure or delay in performing any of its
3. Fees and Payments. Y Y P 9 Y
5. Term. obligations pursuant to this Agreement due to,
3.1. Fees. Client will pay for the Services in or arising out of, any act not within its control,
accordance with the fee schedule in Schedule A The term of this Agreement shall commence on including,without limitation,acts of God,strikes,
attached to this Agreement. Fees shall be the Effective Date, and will remain in full force lockouts, war, riots, lightning, fire, storm, flood,
increased by 2.5% per year for any renewal and effect for the term indicated in Schedule A explosion, interruption or delay in power supply,
terms. ("Term"). Upon expiration of the Initial Term, computer virus, governmental laws or
this agreement shall automatically renew for regulations.
3.2. Payments. All fees due under this successive one (1) year periods (each, a re g
Agreement must be paid in United States dollars. "Renewal Term"), unless notice is given by 7.5. No Waiver. No waiver, amendment or
Such charges will be made in advance,according either party of its intent to terminate the modification of this Agreement shall be effective
to the frequency stated in Schedule A. TSL will Agreement, at least sixty (60) days prior to the unless in writing and signed by the parties.
invoice in advance, and such invoices are due scheduled termination date.
net 30 days from the invoice date. All fees 7.6. Severability. If any provision of this
collected under this Agreement are fully earned 6. Mutual Warranties and Disclaimer. Agreement is found to be contrary to law by a
when due and nonrefundable when paid. court of competent jurisdiction, such provision
6.1. Mutual Representations & Warranties. shall be of no force or effect; but the remainder
3.3. Suspension of Service for Overdue Each party represents and warrants that it has of this Agreement shall continue in full force and
Payments. Any fees unpaid for more than ten full authority to enter into this Agreement and to effect.
(10)days past the due date shall bear interest at fully perform its obligations hereunder.
1.5% per month. With fifteen (15) days prior 7.7. Entire Agreement. This Agreement and its
6.R. Disclaimer. EXCEPT IT EXPRESSLY exhibits represent the entire understanding and
written notice, TSL shall have the right, in P 9
PROVIDED HEREIN, NEITHER PARTY agreement between TSL and Client, and
addition to all other rights and remedies to which MAKES ANY WARRANTIES OF ANY KIND, g
TSL may be entitled, to suspend Client's Users' WHETHER EXPRESS, IMPLIED,STATUTORY supersedes all other negotiations, proposals,
access to the Services until all overdue payments OR OTHERWISE, INCLUDING ANY understandings and representations (written or
are paid in full. WARRANTIES OF MERCHANTABILITY OR oral)made by and between TSL and Client.
FITNESS FOR A PARTICULAR PURPOSE,TO
[SIGNATURE PAGE IMMEDIATELY FOLLOWS] Rev L
IN WITNESS WHEREOF,the parties have executed this Agreement as of the last date set forth below.
TargetSolutions Learning, LLC Client Name:
Address:
By: By:
Printed Name: Printed Name:
Title: Title:
Date: Date:
2
Rev L
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SOLE SOURCE JUSTIFICATION FOR TARGETSOLUTIONS'SERVICES
TargetSolutions provides a comprehensive suite of proprietary web-based solutions for departments and
organizations across many industries.The company's online training management system features exclusive
applications and best-in-class training courses.This unique, one-of-a-kind system delivers these tools through one,
integrated online platform.
The TargetSolutions platform is a sole source product.There are no competitors with an offering equal to the
package that TargetSolutions provides. Outlined in this document is an overview of TargetSolutions' key
differentiators:
LEARNING MANAGEMENT SYSTEM: and activities by monitoring assignment data that
TargetSolutions' learning management system (LMS) automatically filters onto the Dashboard.
makes it possible for administrators to assign and
deliver online training courses and custom-made File Center(Organizational Resources):
activities to their users.The system also provides the Organizations can store organizational resources,
ability to track, document and report assignments. including policies, new-hire documentation and any
other type of file they want in a password-protected
Assignment Scheduler(Course Delivery System): and centralized online location.
Members can schedule videos,courses and
customized organizational-specific activities with our Community Resources(Resource Sharing): Exclusive
powerful Learning Management System. access to training videos, policies, best practices
feature articles from industry experts, inspection
Notifications: Set up e-mail alerts specific for each forms and much more from other organizations
employee that informs site administrators (and the across the country. Shared resources can be
employee)when expirations and deadlines approach. downloaded and delivered with ease.
The platform also features a prominently displayed
notification system warning users when assignments Events Manager: Site administrators can create,
need attention. schedule and track organizational events (including
instructor-led training events, live meetings, etc.).
Custom Content Delivery: Administrators have the This tool gives site administrators the ability to track
ability to create, assign and manage the delivery of user registration for events and set e-mail notification
web-based content.Administrators can deliver alerts.
policies, SOPs and all other communications and
ensure accountability by requiring employees to use Bulletin Board:Administrators can post
an e-signature to verify receiving activities. organizational announcements for their entire
Administrators are able to track completions and run organization to view on the home page of the
reports with complete data. platform.
Reports: Administrators can run reports on Forums:The platform features a web-based
completed assignments, incomplete assignments, discussion board that provides a centralized online
users, credentials, certificates, etc.They are able to location where an organization's administrators and
save reports, recreate popular reports and specify users can discuss issues and trade ideas.
output columns.They can also stay informed on their
organization's progress toward completing courses
TARG • NS
Organization&User Profiles(Management Tools): organizations to track online and in-person training to
Site administrators can easily manage and update meet mandated requirements.
their employees' levels of access to the platform.
ONLINE TRAINING:
Enterprise:Work with other agencies to maximize TargetSolutions' complete online training library
training results.TargetSolutions enables regional consists of more than 1,000 courses:
training consortiums,trade associations, mutual aid
partners, and individual departments to work http://learn.targetsolutions.com/all-industries-
together through an enterprise site. Share any file online-course-catalog
from an enterprise site into the department's
TargetSolutions site. PARTNERSHIPS:
TargetSolutions is proud of the partnerships we have
SCORM:TargetSolutions supports SCORM compliant developed with organizations that share our
courses from all sources. You can create your own enthusiasm for service.Together, we strive to help
content, upload it through TargetSolutions' SCORM- organizations and professionals achieve their goals
compatible system, and then assign to users.You can and enhance performance. We are thankful for each
also create any type of custom activity,test,video or of our partners and their commitment to the
credential and deliver it with TargetSolutions. industries we serve.
RECORDS MANAGEMENT SYSTEM: National Fire Protection Association(NFPA): In 2002,
TargetSolutions' records management system (RMS) the NFPA invested in TargetSafety(now
makes it possible for administrators to track and TargetSolutions)to enable the company to deliver
report on all types of training assignments and online training courses to serve NFPA's fire service
activities. The powerful tools help organizations "go members. NFPA was instrumental in financing the
green," eliminate wasted paper and streamline their development of TargetSolutions' content and
efforts, making managing personnel and remaining advanced applications for the fire service.
compliant more efficient.
Volunteer&Combination Officers Section:The VCOS
Activities Builder:The application enables seeks to represent the interests of all volunteer and
organizations to tailor training and/or activities to combination fire/rescue/EMS agencies.
their organization's unique needs.Administrators can
easily create any type of activity and assign it to International Association of Fire Chiefs:The IAFC's
users. Administrators can require e-signatures to mission is to provide leadership to current and future
verify they've received instructions. career,volunteer,fire-rescue and EMS chiefs,chief
fire officers, company officers and managers of
Test Builder:Tests are created with Test Builder and emergency service organizations throughout the
attached to activities created with the Activities international community.
Builder. Administrators can gauge employees'
comprehension of material by creating and delivering Texas State Firemen's&Fire Marshals'Association:
automatically graded tests.Tests can be attached to The cornerstone of the SFFMA is the Certification
activities and assigned to users. Program for firefighters,which encourages training,
education and certification for all emergency
Certification &Qualification Management:Track and responders.
maintain credentials, certifications, qualifications and
other types of information. Everything can be tagged The North Texas Police Chiefs Association:The
with an alert or e-mail notification so it won't go purpose of the NTPCA shall be to support the Texas
unnoticed.TargetSolutions makes it easy for Police Chiefs Association (TCPA) in its promotion and
professional development of all executive and
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management personnel within duly constituted law Implementation:Our experienced implementation
enforcement agencies as well as other mission of the team will work to ensure the platform is configured
TPCA, and to facilitate opportunities to encourage properly to support your organization's needs.
participation and interaction among police chiefs in
North Texas for the purpose of communication, Online Help System:We provide an extensive web-
training,discernment of issues, and promoting the based Help System with detailed instructions and
TCPA. video tutorials for each operational activity on the
platform.
The International Association of Directors of Law
Enforcement Standards and Training:The IADLEST is 24/7 Support: Our team is available to answer
an international organization of training managers questions during normal business hours.After-hours
and executives dedicated to the improvement of emergency support is also available.
public safety personnel. IADLEST serves as the
national forum of Peace Officer Standards and Live Chat Feature:The Help System includes an
Training (POST) agencies, boards, and commissions as interactive chat feature in which you can quickly and
well as statewide training academies throughout the easily communicate with a TargetSolutions
United States. representative.
Municipal Emergency Services, Inc.:The largest Renewal Support:Your dedicated Account Manager
supplier of first responder equipment, MES has will support you throughout your organization's
chosen to distribute TargetSolutions for its offering in contract and will also assist during the renewal
online training and records management. process.
California-Nevada Section American Water Works ACCREDITATION:
Association:The CA-NV AWWA's passion is to
support the drinking water professionals that provide EMS:TargetSolutions is an approved online training
safe and reliable water to millions of people provider nationwide.
throughout California and Nevada.
Fire: TargetSolutions' training is accepted in seven
A-Check: Dedicated to customer service, A-Check states,with six of them being direct approval from
delivers technology-powered background screening the state.
services for organizations committed to growth.
Departments using TargetSolutions' platform have Law Enforcement:TargetSolutions is approved
access to fast and accurate employment screening through POST agencies in seven states,and our
services. training is accepted by an additional 11 states.
Alliant: Alliant Insurance Services is one of the Water/Wastewater:TargetSolutions is an approved
nation's leading distributors of diversified insurance training provider for water and wastewater operators
products and services. in 23 states.
CLIENT SERVICES: APPLICATION PROGRAM INTERFACE (API):
Platform Training:TargetSolutions representatives RESTful API: TargetSolutions offers a RESTful API that
will give you comprehensive instructions to teach you can be used to integrate with any capable third party
the platform's nuances. system.
Reports: In addition,TargetSolutions offers several
report APIs. Our Completions report, Incomplete
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Assignments report and Credentials report are Database: TargetSolutions uses top-of-the-line
available programmatically.These APIs can also be equipment to ensure our database is sound and
used to interface with any capable third party system. customers are satisfied.
RELIABILITY: Backup: TargetSolutions backs up data in real time
Servers consistently exceed 99.9 percent uptime. using Oracle Active Data Guard to a second
redundant server in our primary data center, and to a
third server in our disaster recovery data center.
SUMMARY:
TargetSolutions is the only all-in-one Learning Management System and Records Management System with the
powerful applications to help organizations increase organizational awareness, deliver policies, and customize the
training experience. As a Software as a Service (SaaS) platform,TargetSolutions requires no hardware, no software,
and no downloads.
Should you have any questions about the information presented above, please feel free to contact me at
858.592.6880. We look forward to working with you and hope to serve your department for many years to come.
Thank you for your consideration and evaluation of TargetSolutions and our platform.
Thomas Woodward
Executive Vice President
Fan W-9 Request for Taxpayer Give Form to the
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resident span,sole proprietor,or disregarded entity,see the Part I Instructions on page 3 For other I —
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no longer subject to backup withholding;and
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Here Inn dabs■ 4/21/2015
General Instructions •Form 1088(honte mils t).1004(trident bean Interest).1098-7
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Future developments.Information about developments affecting Form W-9(such •Form 1089-A(aogkddtion or abandonment of secured property)
es legislation enacted after we release It)Is at www.lra.govMv9.
Use Form W-9 only if you are a U.S.person(Including a resident alien).to
Purpose of Form provide your correct TIN.
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return with the IRS must obtain your correct taxpayer Identification cation number(itt9 to betaup withholding.See What k baclhup wedmfdkg7 on page 2.
width may be your said seeudty number(ssm),Individual taxpayer Identification By signing the tried-out tom%yore
number rTpq,adoption taxpayer identification number(AT1N).or employer i.Certify fret the TN you are giving is correct(or you are waiting fora number
Identification number RIN),to report on an information rattan the amount paid to to be Issued).
you,or other amount reportable on an ktorr albn return.Examples of Information 2.Certify sue that you are not subject to bedevil withholding,or
relnns include,but era not limited to.the following:
•Form 10994NT(Interest earned or pad) 3.Claim exemption from backup withholding If you are a U.S.exempt payee.If
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brokers) exempt from the FATCA reporting,Is correct.See What ie FATCA tenoning?on
•Farm 1099-S(proceeds from real estate transaction) page 2 for further Information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231X Fonn W41(Rev.12-2014)