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HomeMy WebLinkAbout2014-359 EMS - Target Solutions for online training $6,945 14--3.y 9 Use Only] [Departmental Y] TITLE Target Solutions FY 2013-14 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 22nd day of November , 2013, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Target Solutions Inc. Proposal to Orange County Emergency Services which is attachaed as Attachment A,which is hereby incorporate4d into this document as if written. The term of this agreement rendered shall be from October 15,2013 to October 15,2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Six Thousand Nine hundred and Forty Five Dollars, ($6,945.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with tht work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 9/13 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg coun nc.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement,then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROV DD�FR 1 � County Manager !/ Title: tv P 200 S. Cameron St. ti Target Solutions P.O.Box 8181 10805 Rancho Bernardo Rd, Suite 200 Hillsborough,NC 27278 San Diego,CA 92127-5703 This ins en e proved as to technical content. Jam Groves,De ent Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. r Office of the Chief Financial Officer This i s s been approved as to form and legal sufficiency. Office of the Cbunty Attorney Revised 9/13 3 CONFIDENTIAL R • UWNS DATE of SUBMISSION TargetSolutions,Inc. 10805 RANCHO BERNARDO ROAD,SUITE 200 LICENSE TERMS: 10/01/2013-09/30/2014 SAN DIEGO,CA 92127-5703 877-944-6372-TOLL FREE Proposal To: 858-592-6880-DIRECT/858-487-8762-FAX Orange County Emergency Services ATTN: Jeryl Anderson TS Sales Contact: Johnny Roberson 510 Meadowlands Dr. Email:ilr @targetsolutions.com Hillsborough,NC. 27278 919-245-6144 Phone: 615-766-5200 jnderson@orangecountync. ov TargetSolutions Online Training Platform License Customized Website,Administration Tools,and Applications DESCRIPTION UNIT PRICE QUANTITY TOTAL PER USER (#of Users) EMS Membership Package $ 75.00 90 $ 6,750.00 $ - Annual Maintenance Fee $ 195.00 1 $ 195.00 $ - $ - TOTAL DUE $ 6,945.00 NOTES: Terms and Conditions: Contract term is 12 months from the License Term Start Date listed above and rates are discounted from our standard pricing. The contract will automatically renew at the end of 12 months unless TargetSolutions is notified in writing of a request for cancellation. For your planning proposes,rates are subject to change up to 5%at time of 2014 renewal. Payment is required annually in advance of contract. I agree to the pricing and terms presented in this proposal. In addition,I have read and accept the Interactive Service Agreement and License;TargetSolutions Platform System Requirements; and Platform Solutions descriptions listed in detail at : http://www.targetsolutions.com/clients/client-resources/ SIGNATURE: DATE: PRINTED NAME: TITLE: TargetSolutions Services Exhibit A TargetSolutions Tools and Applications: Select Bundle Custom URL: The TargetSolutions platform will include a customized site banner and is accessible through a unique URL path for licensed users to log in. Learning Management Administrators can assign,track,document,and report on training and other activities. System: Resource Center: The Resource Center is made up of two main components: Organizational Resources and Community Resources, Organizational Resources can store up to 5 megabytes of content in various formats for use throughout your organization. Community Resources have unlimited storage and allow clients to share files across the TargetSolutions community. Site Analytics: The TargetSolutions Dashboard displays data in a graphical format for quick and meaningful assessment of key utilization metrics. Site Analytics also,includes Reports Manager with 24-hour access to data through customized reporting tools. Customer Service: TargetSolutions will respond to client requests during normal business hours of 8:00 AM PST to 5:30 PM PST.After-hour emergency support and username/password lookup is available at any time. Curriculum Design: TargetSolutions Client Services will provide assistance to help design custom training curricula as requested. Email Notification: TargetSolutions'platform generates an optional monthly email to all users that serves as a reminder and summarizes course assignments. Custom Activities: The Custom Activity tools allow administrators to create, maintain, and document unlimited client- designed compliance activities,policy reviews,surveys,and user-developed or third-party training content. TargetSolutions Tools and Applications: Professional Bundle (in addition to Select Bundle) Resource Center Storage Additional 95 megabytes of file storage. Custom Tests: Administrators can design, assign, deliver, monitor, document, and report on client-designed tests. Tests are multiple choice and automatically graded. Credentials Manager: Credentials Manager helps monitor certified training and other professional certifications for each user. Events Manager: The Events Manager application lets administrators schedule upcoming events, and manage event attendance(i.e.training events,meetings,etc). Forums: Post discussion topics to facilitate communication with employees. TargetSolutions' Forums allow Administrators to generate employee feedback and interaction about relevant topics in the workplace. TargetSolutions Services Exhibit B TariletSolutions Online Training Courses A current list of courses is available on our website:www.targetsolutions.com Exhibit C Optional Services Available for Purchase(upon request) PROSPECTIVE EMPLOYEE BACKGROUND INVESTIGATION Online Background Request Via a TargetSolutions partnership,the Internet enables Client to submit,view,and receive background and drug screening reports from any computer.Client submits their request via TargetSolutions and the progress of the background can be tracked immediately. Client decides what work is going to be performed and this program completes all the necessary steps.Certain information,such as credit report, social security trace,driver's report,and criminal records,can be viewed immediately,with the remainder of the information available within 24 to 72 hours.Client can view the progress of the investigation,print background and drug screening reports,and obtain statistical information from their computer. Profile Search(California) Results include person's current address,previous address,possible family members and neighbors, bankruptcies,tax liens and judgments,DEA,Nationwide Merchant Vessels,FAA Aircraft,FAA Airmen, National Death Index,and National Real Index,CA.Professional Licenses,CA Sales Tax Permits,CA Civil Superior Index(12 counties), CA Criminal Index(14 counties),CA Fictitious Business Names,CA Corporation Search,CA UCC. EMERGENCY NOTIFICATION AND ESCALATION SYSTEM Crisis Alert This service is a crisis management and communication system that allows instant notification with all employees via immediate telephone or email contact.It was designed from the ground up to provide business and crisis management administrators the ability to quickly,securely,and reliably distribute critical information in real time.This service allows automated message delivery,two-way communication, and reporting. CA DMV EPNNotification A CA-DMV accredited EPN service is available to Client on the TargetSolutions platform using a qualified and California State approved EPN provider of notification services.Each Client must complete an application and submit the necessary employee data to enable such service. HEALTHYROADe HEALTH&WELLNESS APPLICATION Healthyroads provides personnel with a secure single sign-on portal with tools and information to help manage a healthier lifestyle.The application features include Personal Health Assessment (PHA)tools,E-Coaching Multi-Media Courses,Exercise&Nutrition Planners,and other online tools. TargetSolutions Services WEB EVENTS This online application facilitates your ability to schedule live online meetings through the TargetSolutions platform. Web Events features include: • Integrated recordable web conference solution(Web Events)for one(1)named/designated host • Video web cam enabled(1 web cam included) • Share desktop applications and/or files with up to 100 simultaneous attendees • Live document sharing(supports multi-format files including Word,PPT,Excel,PDF,&Flash Video) • Whiteboard functionality 'I • No plug-in download requirements • Live chat functionality—attendees may virtually raise their hand and ask the presenter questions • Fully integrated with TargetSolutions' application • Flexibility to utilize audio VO1P or your own telephone conferencing service • Customer service to assist users and presenters if technical issues or questions arise ` CONTENT AUTHORING START-UP KIT The Content Authoring Start-up Kit includes the Articulate Studio Standard'09 package.Articulate(an e-learning software package)helps you create interactive and engaging courses,presentations,and quizzes.The package includes Course Builder Software,Video Production Tools,Voiceover Tools and a Video Production Kit. AMERICAN HEART ASSOCIATION BASIC LIFE SUPPORT(BLS) TargetSafety now provides 1st responders with access to the American Heart Association's Basic Life Support(BLS)for -Healthcare Providers Online Part I curriculum through TargetSolutions.Part 1 features the cognitive learning through web- based self-paced modules with an online test and evaluation.Included is a series of online modules covering the required adult,child and infant CPR sequences, 10 checkpoints to be completed,21 optional review sections and 17 videos. AMERICAN HEART ASSOCIATION ADVANCED CARDIAC LIFE SUPPORT(ACLS) TargetSolutions offers the American,Heart Association's HeartCoderm ACLS Part 1 curriculum through our platform.This integrated offering makes it possible to assign,track and report course completion—all from within TargetSolutions' platform.The online accessibility of this course provides a flexible alternative to classroom-style training and enables first responders to take the educational portion at a time and location that is most convenient for them.The web-based portion includes interactive patient cases that test the student's ability to apply the ACLS algorithms to aect treatment.This course is approved for both rst time and ACLS re-certication.Completion of the skills practice and testing session(Parts 2 and 3)with an authorized American Heart Association ACLS instructor is required to receive an offcial ACLS Provider Card. BRUNACINI FUNCTIONAL BOSS BEHAVIORS Using our platform,fire departments can deliver retired Phoenix Fire Chief Alan Brunacini's Functional Boss Behaviors course,which is based on his popular book by the same name. This online training series outlines 10 rules for bosses in the fire industry to ensure their behavior creates an environment that helps workers to deliver standard service and added value directly to the customer. The series features Alan Brunacini's insights on leadership,management,and organizational behaviors gained through his extensive years of service as well as highlights the importance of focusing on customer service in the fire industry. OP ID: RE DATE(MM/DD/YYYY) .- CERTIFICATE OF LIABILITY INSURANCE 04/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONACT PRODUCER Phone:858-259-6800 NAME: Leavitt Ins CA License#OB72756n Diego Fax:858-259-6069 a/CONN Ext; FAX No): 3636 Nobel Drive,Suite 100 E-MAIL San Diego,CA 92122 PRODUCER John Konecki-Existing c T ME ID :TARGE-1 INSURERS AFFORDING COVERAGE NAIC# INSURED TargetSolutions,Inc. INSURERA:Hartford Casualty Insurance Co, C29424 Suite 200 INSURER B:AXIS Surplus Insurance Company 26620 10805 Rancho Bernardo Road San Diego,CA 92127-5703 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS _ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE B LTR POLICY NUMBER MM/DD// Y MM DD//YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIALGENERALLIABILITY 72SBATV3594 11/12/2012 11/12/2013 PREMISES 0 E E:Ncurrence $ 1,000,00 CLAIMS-MADE Fx_]OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 2, 00,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 4,000,00 X POLICY PRO F LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,00 A ANY AUTO 72SBATV3594 11112/2012 11112/2013 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIREDAUTOS (Per accident) X NON-OWNEDAUTOS $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN TOR LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? F-1 NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liab ECN000157061301 02/1412013 02/1412014 Each Act 1,000,00 Wrongful Acts I I I I Aggregate 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eviodence of Insurance AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD