HomeMy WebLinkAboutContract 52197 City Secretary Contract No. 590917
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PROFESSIONAL SERVICES AGREEMENT
(Information Technology)
This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by and
between the CITY OF FORT WORTH, a home-rule municipal corporation situated in portions of Tarrant,
Denton, Johnson and Wise Counties, Texas (the "City" or "Client"), acting by and through its duly
authorized Assistant City Manager, and AboveTraining, Inc. d/b/a StateFoodSafety, a Utah corporation
("Consultant"), and acting by and through Bryan Chapman, its duly authorized Chief Executive Officer.
City and Consultant are each individually referred to herein as a"party"and collectively referred to as the
"parties." The term "Consultant" shall include the Consultant, its officers, agents, employees,
representatives,contractors or subcontractors.The teen"City"shall include its officers,employees,agents,
and representatives.
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
I. This for Professional Services Agreement;
2. Exhibit A—Statement of Work Plus any Amendments to the Statement of Work;
3. Exhibit B—Payment Schedule;
4. Exhibit C—INTENTIONALLY DELETED;
5. Exhibit D—INTENTIONALLY DELETED;and
6. Exhibit E—Signature Verification Form
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the documents, the terms and conditions of this Professional Services
Agreement shall control.
The term"Consultant"or"Contractor"shall include the Consultant or Contractor,and its officers,agents,
employees,representatives,servants,contractors or subcontractors.
The tern"City"shall include its officers,employees,agents,and representatives.
I. Scope of Services. Consultant hereby agrees,with good faith and due diligence,to provide
the City with a learning management solution for online food safety training. Specifically,Consultant will
perform all duties outlined and described in the Statement of Work,which is attached hereto as Exhibit"A"
and incorporated herein for all purposes, and further referred to herein as the"Services."Consultant shall
perform the Services in accordance with standards in the industry for the same or similar services. In
addition,Consultant shall perfonn the Services in accordance with all applicable federal, state, and local
laws,rules,and regulations. If there is any conflict between this Agreement and Exhibit A, the terms and
conditions of this Agreement shall control.
OFFICIAL RECORD
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2. Term. This Agreement shall commence upon final execution of the Agreement("Effective
Date")and shall expire no later than twelve(12)months following("Expiration Date'), unless terminated
earlier in accordance with the provisions of this Agreement or otherwise extended by the parties. This
Agreement may be renewed for four(4)one-year renewals at the City's option, each a"Renewal Term."
The City shall provide Consultant with written notice of its intent to renew at least thirty(30)days prior to
the end of each term.
3. Compensation. Consultant shall pay City a commission of$3.00 for 0-999 Courses Sold;
$4.00 for 1,000-1,999 Courses Sold; and $5.00 for 2,000 and over Courses Sold in accordance with the
provisions of this Agreement and Exhibit"B,"Payment Schedule,which is attached hereto and incorporated
herein for all purposes. Consultant shall not perform any additional services for the City not specified by
this Agreement unless the City requests and approves in writing the additional costs for such services.
Consultant agrees to pay all invoices of City within thirty(30) days of receipt of such invoice. City may
charge interest on late payments not to exceed ten percent(10%)per annum.
4. Termination.
4.1. Convenience. Either the City or Consultant may terminate this Agreement at any
time and for any reason by providing the other party with 30 days written notice of termination.
4.2. Breach. If either party commits a material breach of this Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of
notice from the non-breaching party,or other time frame as agreed to by the parties.If the breaching
party fails to cure the breach within the stated period of time,the non-breaching party may, in its
sole discretion, and without prejudice to any other right under this Agreement, law, or equity,
immediately terminate this Agreement by giving written notice to the breaching party.
4.3. Fiscal Funding Out.In the event no funds or insufficient funds are appropriated by
the City in any fiscal period for any payments due hereunder, the City will notify Consultant of
such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.4. Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date,the City shall pay Consultant for services actually rendered
up to the effective date of termination and Consultant shall continue to provide the City with
services requested by the City and in accordance with this Agreement up to the effective date of
termination. Upon termination of this Agreement for any reason,Consultant shall provide the City
with copies of all completed or partially completed documents prepared under this Agreement. In
the event Consultant has received access to City information or data as a requirement to perform
services hereunder,Consultant shall return all City provided data to the City in a machine readable
format or other format deemed acceptable to the City.
5. Disclosure of Conflicts and Confidential Information.
5.1. Disclosure of Conflicts.Consultant hereby warrants to the City that Consultant has
made full disclosure in writing of any existing or potential conflicts of interest related to
Consultant's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement,Consultant hereby agrees immediately to make full disclosure to
the City in writing.
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5.2. Confidential Information. The City acknowledges that Consultant may use
products,materials,or methodologies proprietary to Consultant.The City agrees that Consultant's
provision of services under this Agreement shall not be grounds for the City to have or obtain any
rights in such proprietary products,materials,or methodologies unless the parties have executed a
separate written agreement with respect thereto. Consultant, for itself and its officers,agents and
employees,agrees that it shall treat all information provided to it by the City("City Information")
as confidential and shall not disclose any such information to a third party without the prior written
approval of the City.
5.3. Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure.A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4. Unauthorized Access. Consultant shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access,modify,delete or otherwise corrupt
City Information in any way.Consultant shall notify the City immediately if the security or integrity
of any City information has been compromised or is believed to have been compromised, in which
event,Consultant shall,in good faith,use all commercially reasonable efforts to cooperate with the
City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with the City to protect such information from further unauthorized disclosure.
6. Right to Audit.
6.1. Consultant agrees that the City shall, until the expiration of three (3).years after
final payment under this Agreement, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records of the Consultant involving
transactions relating to this Agreement at no additional cost to the City.Consultant agrees that the
City shall have access during normal working hours to all necessary Consultant facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Consultant not less than 10 days written notice of
any intended audits.
6.2. Consultant further agrees to include in all its subcontractor agreements hereunder
a provision to the effect that the subcontractor agrees that the City shall, until expiration of three
(3) years after final payment of the subcontract, have access to and the right to examine at
reasonable times any directly pertinent books,documents,papers and records of such subcontractor
involving transactions related to the subcontract, and further that City shall have access during
normal working hours to all subcontractor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this paragraph. City
shall give subcontractor not less than 10 days written notice of any intended audits.
7. Independent Contractor. It is expressly understood and agreed that Consultant shall operate
as an independent contractor as to all rights and privileges granted herein,and not as agent,representative
or employee of the City.Subject to and in accordance with the conditions and provisions of this Agreement,
Consultant shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors and
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subcontractors. Consultant acknowledges that the doctrine of respondent superior shall not apply as
between the City, its officers, agents, servants and employees, and Consultant, its officers, agents,
employees,servants,contractors and subcontractors. Consultant further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Consultant. It is further
understood that the City shall in no way be considered a Co-employer or a Joint employer of Consultant or
any officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor any
officers,agents, servants, employees or subcontractors of Consultant shall be entitled to any employment
benefits from the City.Consultant shall be responsible and liable for any and all payment and reporting of
taxes on behalf of itself,and any of its officers,agents,servants,employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE
FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
8.2. INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER,WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO CONSULTANT'S BUSINESS, AND ANY RESULTING LOST
PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,TO THE EXTENT
CAUSED BY THE ACTS OR OMISSIONS OF CONSULTANT,ITS OFFICERS,AGENTS,
SUBCONTRACTORS,SERVANTS OR EMPLOYEES.
8.3. INTELLECTUAL PROPERTY INFRINGEMENT.
8.3.1. The Consultant warrants that all Deliverables, or any part thereof,
furnished hereunder, including but not limited to: programs, documentation,
software,analyses,applications,methods,ways,and processes(in this Section 8C each
individually referred to as a"Deliverable"and collectively as the"Deliverables,")do
not infringe upon or violate any patent,copyrights,trademarks,service marks,trade
secrets,or any intellectual property rights or other third party proprietary rights,in
the performance of services under this Agreement.
83.2. Consultant shall be liable and responsible for any and all claims made
against the City for infringement of any patent,copyright,trademark,service mark,
trade secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s)in the course of performance or completion of,or in any way connected
with providing the services, or the City's continued use of the Deliverable(s)
hereunder.
8.3.3. Consultant agrees to indemnify,defend,settle,or pay,at its own cost
and expense,including the payment of attorney's fees,any claim or action against the
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City for infringement of any patent, copyright, trade mark, service mark, trade
secret, or other intellectual property right arising from City's use of the
Deliverable(s), or any part thereof, in accordance with this Agreement, it being
understood that this agreement to indemnify,defend,settle or pay shall not apply if
the City modifies or misuses the Deliverable(s).So long as Consultant bears the cost
and expense of payment for claims or actions against the City pursuant to this section
8,Consultant shall have the right to conduct the defense of any such claim or action
and all negotiations for its settlement or compromise and to settle or compromise any
such claim; however,City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with Consultant in doing so.In the event City,for whatever
reason,assumes the responsibility for payment of costs and expenses for any claim or
action brought against the City for infringement arising under this Agreement, the
City shall have the sole right to conduct the defense of any such claim or action and
all negotiations for its settlement or compromise and to settle or compromise any such
claim; however, Consultant shall fully participate and cooperate with the City in
defense of such claim or action.City agrees to give Consultant timely written notice
of any such claim or action,with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing,the City's assumption of payment of costs or expenses
shall not eliminate Consultant's duty to indemnify the City under this Agreement.If
the Deliverable(s), or any part thereof,is held to infringe and the use thereof is
enjoined or restrained or, if as a result of a settlement or compromise, such use is
materially adversely restricted,Consultant shall,at its own expense and as City's sole
remedy,either: (a)procure for City the right to continue to use the Deliverable(s);or
(b) modify the Deliverable(s) to make them/it non-infringing, provided that such
modification does not materially adversely affect City's authorized use of the
Deliverable(s);or(c)replace the Deliverable(s)with equally suitable,compatible,and
functionally equivalent non-infringing Deliverable(s)at no additional charge to City;
or (d) if none of the foregoing alternatives is reasonably available to Consultant,
terminate this Agreement, and refund all amounts paid to Consultant by the City,
subsequent to which termination City may seek any and all remedies available to City
under law.CONSULTANT'S OBLIGATIONS HEREUNDER SHALL BE SECURED
BY THE REQUISITE INSURANCE COVERAGE AND AMOUNTS SET FORTH IN
SECTION 10 OF THIS AGREEMENT.
9. Assignment and Subcontracting.
9.1. Consultant shall not assign or subcontract any of its duties, obligations or rights
under this Agreement without the prior written consent of the City. If the City grants consent to an
assignment,the assignee shall execute a written agreement with the City and the Consultant under
which the assignee agrees to be bound by the duties and obligations of Consultant under this
Agreement. The Consultant and assignee shall be jointly liable for all obligations under this
Agreement prior to the assignment. If the City grants consent to a subcontract,the subcontractor
shall execute a written agreement with the Consultant referencing this Agreement under which the
subcontractor shall agree to be bound by the duties and obligations of the Consultant under this
Agreement as such duties and obligations may apply.The Consultant shall provide the City with a
fully executed cop*Et
ch subcontract.
9.2. MDelete if N/A- In accordance with City of Fort Worth Ordinance No.
20020-1 2-20 1 1, t goals for the participation of Minority Business Enterprises and
Women Business (M/WBE) in City contracts. Consultant acknowledges the M/WBE
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goal established for this contract at insert% of goal and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of
fraud by Consultant may result in the termination of this agreement and debarment from
participating in city contracts for a period of time of not less than three(3)years.
10. Insurance.
10.1. The Consultant shall carry the following insurance coverage with a company that
is licensed to do business in Texas or otherwise approved by the City:
10.1.1. Commercial General Liability:
10.1.1.1. Combined limit of not less than $2,000,000 per
occurrence;$4,000,000 aggregate;or
10.1.1.2. Combined limit of not less than $1,000,000 per
occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of
$4,000,000. Umbrella policy shall contain a follow-form provision and shall
include coverage for personal and advertising injury.
10.1.1.3. Defense costs shall be outside the limits of liability.
10.1.2. Automobile Liability Insurance covering any vehicle used in providing
services under this Agreement, including owned, non-owned, or hired vehicles, with a
combined limit of not less than$1,000,000 per occurrence.
10.1.3. Professional Liability(Errors&Omissions) in the amount of$1,000,000
per claim and$1,000,000 aggregate limit.
10.1.4. Statutory Workers' Compensation and Employers' Liability Insurance
requirements per the amount required by statute.
10.1.5. Technology Liability(Errors&Omissions)
10.1.5.1. Combined limit of not less than $2,000,000 per
occurrence;$4million aggregate or
10.1.5.2. Combined limit of not less than $1,000,000 per
occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of
$4,000,000. Umbrella policy shall contain a follow-form provision and shall
include coverage for personal and advertising injury. The umbrella policy shall
cover amounts for any claims not covered by the primary Technology Liability
policy. Defense costs shall be outside the limits of liability.
10.1.5.3. Coverage shall include, but not be limited to, the
following:
10.1.5.3.1. Failure to prevent unauthorized access;
10.1.5.3.2. Unauthorized disclosure of information;
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10.1.5.3.3. Implantation of malicious code or computer
virus;
10.1.5.3.4. Fraud, Dishonest or Intentional Acts with final
adjudication language;
10.1.5.3.5. Intellectual Property Infringement coverage,
specifically including coverage for intellectual property infringement
claims and for indemnification and legal defense of any claims of
intellectual property infringement, including infringement of patent,
copyright, trade mark or trade secret, brought against the City for use of
Deliverables, Software or Services provided by Consultant under this
Agreement;
10.1.5.3.6. Technology coverage may be provided through
an endorsement to the Commercial General Liability (COL) policy, a
separate policy specific to Technology E&O, or an umbrella policy that
picks up coverage after primary coverage is exhausted. Either is
acceptable if coverage meets all other requirements.Technology coverage
shall be written to indicate that legal costs and fees are considered outside
of the policy limits and shall not erode limits of liability. Any deductible
will be the sole responsibility of the Consultant and may not exceed
$50,000 without the written approval of the City. Coverage shall be
claims-made, with a retroactive or prior acts date that is on or before the
effective date of this Agreement. Coverage shall be maintained for the
duration of the contractual agreement and for two (2) years following
completion of services provided. An annual certificate of insurance,or a
full copy of the policy if requested, shall be submitted to the City to
evidence coverage;and
10.1.5.3.7. Any other insurance as reasonably requested by
City.
10.2. General Insurance Requirements:
10.2.1. All applicable policies shall name the City as an additional insured
thereon, as its interests may appear. The term City shall include its employees, officers,
officials,agents,and volunteers in respect to the contracted services.
10.2.2. The workers'compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of the City of Fort Worth.
10.2.3. A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to the City. Ten(10)days' notice shall be acceptable
in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City
of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City
Attorney at the same address.
10.2.4. The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-V II in the
current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
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solvency to the satisfaction of Risk Management. if the rating is below that required,
written approval of Risk Management is required.
10.2.5. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
10.2.6. Certificates of Insurance evidencing that the Consultant has obtained all
required insurance shall be delivered to and approved by the City's Risk Management
Division prior to execution of this Agreement.
11. Compliance with Laws.Ordinances,Rules and Regulations. Consultant agrees to comply
with all applicable federal, state and local laws, ordinances, rules and regulations. if the City notifies
Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately
desist from and correct the violation.
12. Non-Discrimination Covenant. Consultant,for itself,its personal representatives,assigns,
subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance
of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment
of any individual or group of individuals on any basis prohibited by law. if any claim arises from an alleged
violation of this non-discrimination covenant by Consultant, its personal representatives, assigns,
subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and
defend the City and hold the City harmless from such claim.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
TO THE CITY: TO CONSULTANT:
City of Fort Worth AboveTraining,Inc.d/b/a StateFoodSafety
Attn:Assistant City Manager Attn: Bryan Chapman,CEO
200 Texas Street 711 Timpanogos Parkway, Building M,Ste.3200
Fort Worth TX 76102 Orem, UT 84097
Facsimile:(817)392-6134 Facsimile: 801-226-4315
With Copy to the City Attorney
at same address
14. Solicitation of Employees. Neither the City nor Consultant shall,during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement,without the prior written consent of the person's employer.This provision
shall not apply to an employee who responds to a general solicitation or advertisement of employment by
either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers.
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16. No Waiver. The failure of the City or Consultant to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of
the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right
on any future occasion.
17. Governing Law and Venue. This Agreement shal I be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought on the basis of
this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Majeure. The City and Consultant shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control (force
majeure), including,but not limited to,compliance with any government law,ordinance or regulation,acts
of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority,transportation problems and/or any other similar causes.
20. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed
this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. Amendments. No amendment of this Agreement shall be binding upon a party hereto
unless such amendment is set forth in a written instrument, and duly executed by an authorized
representative of each party.
23. Entirety of Agreement. This Agreement, including any exhibits attached hereto and any
documents incorporated herein by reference,contains the entire understanding and agreement between the
City and Consultant,their assigns and successors in interest,as to the matters contained herein.Any prior
or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.An executed Agreement,modification,amendment,or separate signature page
shall constitute a duplicate if it is transmitted through electronic means,such as fax or e-mail,and reflects
the signing of the document by any party. Duplicates are valid and binding even if an original paper
document bearing each party's original signature is not delivered.
25. Warranty of Services. Consultant warrants that its services will be of a professional quality
and conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30)days from the date that the services are completed. In such event,at Consultant's
option, Consultant shall either (a) use commercially reasonable efforts to re-perform the services in a
manner that conforms with the warranty, or (b) refund the fees paid by the City to Consultant for the
nonconforming services.
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26. Milestone Acceptance. Consultant shall verify the quality of each deliverable before
submitting it to the City for review and approval.The City will review all deliverables to determine their
acceptability and signify acceptance by execution of the Milestone Acceptance Form, which is attached
hereto as Exhibit"C." If the City rejects the submission, it will notify the Consultant in writing as soon as
the determination is made listing the specific reasons for rejection.The Consultant shall have ten(10)days
to correct any deficiencies and resubmit the corrected deliverable. Payment to the Consultant shall not be
authorized unless the City accepts the deliverable in writing in the form attached.The City's acceptance
will not be unreasonably withheld.
27. Network Access.
27.1. City Network Access. If Consultant,and/or any of its employees,officers,agents,
servants or subcontractors(for purposes of this section"Consultant Personnel"),requires access to
the City's computer network in order to provide the services herein,Consultant shall execute and
comply with the Network Access Agreement which is attached hereto as Exhibit "D" and
incorporated herein for all purposes.
27.2. Federal Law Enforcement Database Access. If Consultant, or any Consultant
Personnel,requires access to any federal law enforcement database or any federal criminal history
record information system, including but not limited to Fingerprint Identification Records System
("FIRS"),Interstate Identification Index System("III System"),National Crime Information Center
("NCIC")of National Fingerprint File("NFF"), or Texas Law Enforcement Telecommunications
Systems ("TLETS"),that is governed by and/or defined in Title 28, Code of Federal Regulations
Part 20 ("CFR Part 20"),for the purpose of providing services for the administration of criminal
justice as defined therein on behalf of the City or the Fort Worth Police Department, under this
Agreement, Consultant shall comply with the Criminal Justice Information Services Security
Policy and CFR Part 20, as amended, and shall separately execute the Federal Bureau of
Investigation Criminal Justice Information Services Security Addendum. No changes,
modifications,alterations,or amendments shall be made to the Security Addendum.The document
must be executed as is,and as approved by the Texas Department of Public Safety and the United
States Attorney General.
28. Immigration Nationality Act. Consultant shall verify the identity and employment
eligibility of its employees who perform work under this Agreement,including completing the Employment
Eligibility Verification Form(1-9). Upon request by City,Consultant shall provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Consultant employee who is not legally eligible
to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONSULTANT,CONSULTANT'S EMPLOYEES,SUBCONTRACTORS,
AGENTS,OR LICENSEES.City,upon written notice to Consultant,shall have the right to immediately
terminate this Agreement for violations of this provision by Consultant.
29. Informal Dispute Resolution. Except in the event of termination pursuant to Section 4.2,if
either C ity or Consultant has a claim,dispute,or other matter in question for breach of duty,obligations,services
rendered or any warranty that arises under this Agreement,the parties shall first attempt to resolve the matter
through this dispute resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim,dispute,or breach. The notice shall state the nature of the dispute and
list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice, both
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parties shall commence the resolution process and make a good faith effort,either through email,mail,phone
conference,in person meetings,or other reasonable means to resolve any claim,dispute,breach or other matter
in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute
within sixty(60)days of the date of receipt of the notice of the dispute,then the parties may submit the matter
to non-binding mediation in Tarrant County,Texas,upon written consent of authorized representatives of both
parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediation then in effect.The mediator shall be agreed to by the parties.Each party
shall be liable for its own expenses, including attorney's fees; however,the parties shall share equally in
the costs of the mediation. If the parties cannot resolve the dispute through mediation,then either party shall
have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the
fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute
resolution process,the parties agree to continue without delay all of their respective duties and obligations
under this Agreement not affected by the dispute. Either party may, before or during the exercise of the
informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary
restraining order or preliminary injunction where such relief is necessary to protect its interests.
30. No Boycott of Israel. Consultant acknowledges that in accordance with Chapter 2270 of
the Texas Government Code,the City is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the company that it:(1)does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract, Consultant certifies that Consultant's .signature provides written
verification to the City that Consultant: (1)does not boycott Israel; and(2) will not boycott Israel during
the term of[he contract.
31. Reporting Requirements.
31.1. For purposes of this section,the words below shall have the following meaning:
31.1.1. Child shall mean a person under the age of 18 years of age.
31.1.2. Child pornography means an image of a child engaging in sexual conduct
or sexual performance as defined by Section 43.25 of the Texas Penal Code.
31.1.3. Computer means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device that performs logical, arithmetic, or memory
functions by the manipulations of electronic or magnetic impulses and includes all input,
output,processing,storage,or communication facilities that are connected or related to the
device.
31.1.4. Computer technician means an individual who, in the course and scope of
employment or business, installs, repairs,or otherwise services a computer for a fee.This
shall include installation of software,hardware,and maintenance services.
31.2. Reporting Requirement. If Consultant meets the definition of Computer
Technician as defined herein, and while providing services pursuant to this Agreement, views an
image on a computer that is or appears to be child pornography,Consultant shall immediately report
the discovery of the image to the City and to a local or state law enforcement agency or the Cyber
Tip Line at the National Center for Missing and Exploited Children.The report must include the
name and address of the owner or person claiming a right to possession of the computer,if known,
and as permitted by law. Failure by Consultant to make the report required herein may result in
Professional Services Agreement—Technology Page 1 I of 46
City Secretary Contract No.
criminal and/or civil penalties.
32. Signature Authority. The person signing this agreement hereby warrants that he/she has
the legal authority to execute this agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution,ordinance or other authorization of the entity. This
Agreement,and any amendment(s)hereto,may be executed by any authorized representative of Consultant
whose name, title and signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit"E"and incorporate herein by reference. Each party is fully entitled to rely on
these warranties and representations in entering into this Agreement or any amendment hereto.
33. Survival of Provisions. The parties'duties and obligations pursuant to Section 4.4(Duties
and Obligations),5(Disclosure of Conflicts and Confidential Information), Section 6(Right to Audit),and
Section 8(Liability and Indemnification)shall survive termination of this Agreement.
(signature page follows)
Professional Services Agreement—Technology Page 12 of 46
City Secretary Contract No.
c
Executed in multiples this the day of ,2019.
ACCEPTED AND AGREED:
CITY:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that 1 am the person
~� responsible for the monitoring and administration
of this contract, including ensuring all
By: performance and reporting requirements.
Name:`Susal Alanis
Title: tant City Manager 'L
Dater By: 'T S
Name: Steve Streiffert
APPROVAL RECOMMENDED: Title: Assistant Director,IT Solutions
APPROVED AS TO FORM AND LEGALITY:
Name: '
Title: By:
C b Name: Jo B. Strdng
ATTEST: Title: Assistant City Att/rney
CONTRACT AUTHORIZATION:
M&C: N/A
By: Date Approved: N/A
Name: Mary J.
Title: City Secretary Form 1295 Certification No.:N/A
CONSULTANT:
AboveT7"1
ng,Inc. StateFoodSafety
By:
Name: B an Oap n
Title: CEO
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Professional Service Agreement—Tecdnolop Page 13 o
City Secretary Contract No.
EXHIBIT A
Professional Services Agreement—Technology Page 14 of 46
City Secretary Contract No.
STATEMENT OF WORK
' V
Co
FORT WORTH
PURCHASING DIVISION
REQUEST FOR PROPOSALS (RFP)
for
LEARNING MANAGEMENT SOLUTION FOR
ONLINE FOOD SAFETY TRAINING
RFP No. 18-0288
Proposal Submitted by
StateFoodSafety
15 June 2018
Professional Scr ices Agreement Teclmolog) Past 15 of J6
City Secretary Contract No.
FORT WORTH`:,
PURCHASING DIVISION
REQUEST FOR PROPOSALS(RFP)
for
LE4R;VfjVG:N,4NAGEA1ErVT SOLUTION
RFP No, 18-0289
Issued:MAY 23,2018
PROPOSAL SUBMISSION DEADLINE:
21,2019 by 1:30PM Local Time*******
NO L4TE PROPOSALS IVILL BE AC'C'EPTED
RESPONSES SHALL BE DELIVERED TO: RESPONSES SHALL BE MAILED TO:
CITY OF FORT WORTH PURCHASING DIVISION CITY OF FORT WORTI I PURCHASING DIVISION
LOWER LEVEL LOWER LEVEL
200 TEXAS STREET 200 TEXAS STREET
FORT WORTH,TEXAS 76102 FORT WORTH.TEXAS 76102
Pre-Proposal Conference will be held: via WebEc }}}n NAME AND ADDRESS OF COAIPANY
A ft,i"�'e Ling SUBMITTING PROPOSAL.:
tilcning number tucresx a�Jet:GZ 13(+tt�+it Juan LK phony
1•C.Ko-a79.32Q6('albin coif numhcr i S.'t',n,;3,L�} SlateFtxxlSafety
srs�rsttrst►ts+rtat*rrtrrtr+rartrrwrrrrrssrasr _711 Timpanogos Parkway
FOR ADDITIONAL INFORMATION Building M.Suite 3200
REGARDING THIS RFP PLEASE CONTACT:
Sheila Baker,Senior Buyer OrCm.UT 84097
Sheib.bakerCa,)fo+7worlhtexas.gov
irttsrsr*srrsrrrsrttttsr►tsrt#rsrttsrsrtassrr�•
RETURN THIS COVER SHEET WITH Contact Person:—Bryan Chapman
RESPONSE TO: Title: ChierExecuiive Officer
Sheila Baker
Senior Buyer Phtwie:(801),19•i-1879 Fax:(801)226-43I3_
Purchasing Division Entail:bah wwiq s of x)dsaletyxom
Financial Management Services Department
Signature: /
Printed Nam 1 _ �9 LE Plrb4rJ
Will Contract he available for Cooperative Agreement use" (See Section 27,page 7)Yes_,No:
Acknowledement of Addenda:#1 #2 ►13
Professional Services Agreement—Technology Pale 16 M'ab
City Secretary Contract No.
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Professional Services Agccrnent—TCChnol\t,y Page 19 of 46
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Professional Services Agreement—Technology Page 21 of 46
City Secretary Contract No.
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Professional Services Agrtxmcnt -Technology Pagc 22 of46
City Secretary Contract No,
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with focal governmental enW
This questloanstw reflects changes made to the taw by H.e.ZX I tb Log,Pasulor 9eselon. OFFICEUSEOWY
This questionnalre is being filed In accordance with Chapter 176.Local Government Code, Daft aectroe
bya vendorwhohas a businmreletionshipas de0nedby Section 176.001(1-a)wlfhalocal
govermmardwen*andthevwxwmeetsmquirementsundesr Section 17e.006(e).
By law thisquedianrreire must betUedwietthsretsadsadmfnistralor of thelocal governments!
entity rot later than the 7th business day attar the date thevendor becomes aware of facts
that require the statement to be flied.See Section 176.006(8-1).Local Government Cade.
A vendor commis an offense if the vendor knowingly violates Section 176,006,Local
GovemmenlCode.An offense underthis section isamisderneanor.
Name ofvendorwhohas&business relaftonshipwilhloaolgoverron" )entity.
N/A
Chssktbls box ifyou arelAing an update toa previoualyflbdquestionnalre.
(The law requires that you file an updated Completed questionnsire with the epproprtata Ring authority not
later than the 7th business day after the date on which you became aware that the originepy filed questionnaire was
Incomplete a inaccurate.)
s
Name of local government ofBeerabout whom the information In this section is being disclosed.
Nl�a
Name of Officer
This sedan(Item 3 induding subparts A 8,C,8 0) must be completed for each ofiker with whom the vendor has an
etnpbyment or other business relationship as defined by Section 176.001(1-a),Local Government Code.Attach sddftionat
peg es to this Form CIO as necessary.
A. is the it"government officer nanned in lids section receiving or likely to receive taxable Income.other gun faveabrterd
income,from the vendorq
NIA F--j Yea a No
8. is due vendor receiving«likely b!acetic taxable income,other then Gtve�rnetri inrame.kom w al me d'otxtion of the local
government otiloer named in this section AND the taxable Income is not moslved from the local govemmental erd ty 1
01A El Yes O No
C. Is the fler of this questionnaire employed by a corporation of other business entity with respect to which the local
goverriment o8ber serves so an officer or direew.or holds on ownership interest of one percent or more?
N)A Q Yea [--I No
D. !Describe each employment Or business and family relationship with the local govemmem officer named in this section.
N/A
4
Blanc of alien weh the gmemnenad vasty Date .
Page 11 of 11 Adopted canons
.3 of ac
ProfessiCes Agreement—Technology ^�
City Secretary Contract No.
Table of Contents
Table of Contents 1
Invitation to View Training 3
Executive Summary 4
Company Profile 7
Timelines 8
Price Model 8
Comprehensive solutions 9
Training Course 10
Format 30
Length of Course 10
Scope-FDA Food Code 10
Reading Level 10
Languages 10
Food Handler Training Outline 11
Development Methodclogy 12
Avatars 12
Animation 13
Stories from Real Life 13
Interactivities 13
Assessment 13
Certificate Delivery 14
User Experience 14
Website 14
Checkout Process 14
LeartdngManagementSystem 14
My Courses Page 15
Course Player 15
Reporting 16
Email Reminders 16
Client&Customer Services 16
Client Services 16
Fee Distribution 16
Public Information Resources 16
Customer Service 17
Security 17
Protection of Training 17
Course Convenience and Quality 17
Cheating Detection Through Statistical Analysis 17
Asset Protection 17
Protection of Assessment 18
Assessment Security 1s
Affirmation of Identity(e Signature):For use at the discretion of City 1s
Professional Services Agreement—Technology Page 24 of 46
City Secretary Contract No.
Protection of Certificate is
Certificate Verification 18
Unique Security Features 18
Certificate Invalidation:For use at the discretion of City 18
COnduslon 19
2 1
Professional Services Agreement—Technology Page 25 of 46
City Secretary Contract No.
Invitation to View Training
We invite City officials to view the StateFoo6Safety Food Handler Training program in its entirety.
Please follow the steps below to view the training:
1. Go to www.statefoodsafety.com in your browser.For the best viewing experience,we
recommend using Google Chrome or an updated version of Firefox,Safari,or Edge.
2. Log in with the following credentials:
fortworthdemol 123456
fortworthdemo2 123456
fortworthdemo3 123456
fortworthdemo4 123456
fortworthdemo5 1234S6
fortworthdemo6 123456
3. Launch the Fort Worth Food Handler Training by clicking"Start'from the My Courses page.
Note:
You may select another course language in the player once the course has been launched.
SA Fwd kand6ng Cwm-ANSI Amr*di0td +e.r.a►.
wekome!
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Professional Services Agrecmrnt—'technology Page 26 of 46
City Secretary Contract No.
Executive Summary
StateFoodSafety has been awarded and re-awarded more than a dozen contracts through the open-bid
solicitation process.Additionally,we have partnered with more than 250 health departments
nationwide to provide food safety training programs,including many in Texas.
As a friend of environmental health,we at StateFoodSafety appreciate that environmental health
professionals are on the front lines protecting the public.For more than a decade,we have supported
this vital responsibility by providing food safety programs customized for health departments and the
public they serve.
Why is StateFoodSafety the vendor of choice for so many health departments?We believe it comes
down to three main components:Experience,Quality,and Dependability.
Experience
No other organization can rival StateFoodSafety's experience in administering food safety training
programs for health departments.In the past ten years,StateFoodSafety has been awarded contracts to
be the sole provider of approved food handier training through the RFP process in the following
locations:
• Austin/Travis,Texas
• Jefferson County,Alabama(twice)
• Kansas City,Missouri(three times)
• Maricopa County,Arizona(twice)
• Mobile County,Alabama
• Platte County,Missouri
• Riverside County,California(three times)
• Salt Lake County,Utah
• San Bernardino County,California(three times)
• Williamson,Texas
In addition,to the municipalities listed above,some health departments have felt so strongly about the
quality of our solution that they have simply chosen to accept our training exclusively.These include:
• Chesapeake City,Virginia
• Kanawha-Charleston County,West Virginia
• Lexington-Fayette County,Kentucky
• Minneapolis City,Minnesota
• Putnam County,West Virginia
• Sioux Falls,South Dakota
• Western Tidewater,Virginia
We take food safety training seriously.Every employee at StateFoodSafety holds a valid Food
Protection Manager Certification.Many employees cant'advanced food safety credentials or degrees in
environmental health,public health,or food science—some have both.Several employees participate in
food safety and environmental health conferences and committees.We also regularly attend
4
Professional Services Agreement—Technology Page 27 of 46
City Secretary Contract No.
instructional design,test development,iT security,and e4eaming conferences.These investments in
applied learning allows StateFoodSafety to stay abreast of the latest information,research,and best
practices in both food safety and effective online training and certification.
Quality
StateFoodSafety produces the highest quality food safety training in the industry,as evidenced by its
selection by health departments through the open-bid solicitation process.We are confident that the
City of Fort Worth will be pleased with the program quality StateFoodSafety an provide to represent
the City's official training program.This quality Is measured in three distinct and important ways:
1. Accreditation
In 2011,StateFoodSafety was the first to receive ANSI ASTM E2659 accreditation for the Food
Handier Training program.Since then,StateFoodSafety has maintained this and three other
accredited training programs in good standing.
ANSI accreditation is a baseline that helps ensure programs meet a minimum instructional
design standard.StateFoodSafety strives to exceed this baseline in meaningful ways that benefit
the learner a nd his or her experience.
2. Instructional Design and Development
StateFoodSafety stays current with emerging trends in instructional design and development,
including the psychology,methodology,and technology of learning.Using an agile project
management system,we continuously improve our training and assessment materials so the
learner has an effective and enjoyable experience across a variety of digital platforms and in
several languages.
3. Learner Feedback
StateFoodSafety users rated the food Handier Training program with 4.7 of 5 stars.One learner
remarked,'!was nervous about retaining the information in an online setting,but the
interaction with this course makes remembering easy.i feel confident!can safely perform on the
job.'
Learner feedback is gathered through online reviews that are visible to the public,optional
surveys that gamer tens of thousands of responses,test data analytics,social media,and word-
of-mouth feedback to our customer service representatives.We listen carefully to what our
learners are saying,and their feedback plays a critical role In updates to the training content,
test questions,delivery technology,and more.
Dependability
StateFoodSafety has proven its dependability by being awarded contracts repeatedly from the same
jurisdictions.For the City,we are committed to focusing on the little things that will ensure your
program's success.Dedicated account representatives,client services personnel,and learning
professionals will ensure that your needs are met.Food workers'questions will be answered by live
bilingual support representatives—no queues,no automated menu.
5 1
Professional Services Agreement—Technology Page 28 of 46
City Secretary Contract No.
Our mission includes providing the best service to our customers.We value every client.
'We chose StatefoodSafety because of their responsiveness and willingness to work
with us to customize the training tout the needs of our clientele.They have been
extremely helpful throughout the entire process."
ynne Wider,Program Chief
Riverside County Department of Health
StateFoodSAAV looks forward to participating In this process.We welcome your questions and trust
that you will discover the unique value that StatefoodSafety can bring to your department as a"friend
of environmental health."
Sincerely,
Bryan Chapman,CEO
StatefoodSofety
6
Professional Services Agreement—Tedralogy Page 29 of 46
City Secretary Contract No.
Company Profile
Company Structure: StateFoodSafety Is a registered DBA of AboveTraining Inc.,a privately-
owned S-Corporation registered in the State of Utah.
Years in Business: 13,incorporated In 2005
Number of Employees: 50
Number of Food 3,000,000*
Workers Trained:
Products offered: All products offered online:
Food Handier Training and Food Handler Essentials
Food Manager Training
Food ManagerCertd/kotion exams
Food Allergens Awareness
Alcohol ServerTraining(TABC approved)
StateFoodSafety has customized the Food Handier Training program to
satisfy the requirements of more than 250 health departments
nationwide
Hosting Service: Amazon AWS hosting service with redundancy
Payment Processor, Authorize.net
Security Compliance: PCI compliant
Insurance Coverages: Workers'compensation
General liability
Professional liability
Umbrella policy
r T
Professional Services Agreement—Technology Page 30 of 46
City Secretary Contract No.
Timelines
StateFoodSafety can go live with the City of Fort Worth's online training program within thirty days of
contract signing,and even sooner should the City require a more aggressive timetable.For example,
following contract negotiations,StateFoodSafety can have everything completed and ready to go live
when the Notice to Proceed Is granted.
Price Model
StateFoodSafety understands that the City of Fort Worth Is placing a high priority on price and price
model.To that end,StateFoodSafety proposes a per-user pricing model,where StateFood5afety charges
nothing directly to the City.StateFoodSafety proposes a$10-per-course price point.Food handlers will
benefit from receiving convenient,high-quality,health department approved training at a lower price,
and StateFoodSafety will be able to direct current traffic(~1,000learners per year)to the City's
program.
StateFoodSafety proposes a$10 price to be competitive with the marketplace.
StateFoodSafety will remit$3 to the City of Fort Worth for each food worker trained.
While there may be training courses at lower prices,no one can match the value that StateFoodSafety
provides in every aspect of the program—including course quality and customizability,language
options,website usability and security,reporting and fee collection,device compatibility,and end,
user support StateFoodSafety has unparalleled capability and unmatched experience running successful
food safety training programs with major municipal governments.
If price is the factor keeping the City from choosing our offering over a cheaper,less well-rounded
proposal,StateFoodSafety respectfully requests that the City open negotiations so that State-FoodSafety
can provide the best solution in a way that makes sense with City requirements and objectives.
f g 1
Professional Services Agreement—Technology Page 31 of 46
City Secretary Contract No.
Comprehensive Solutions
From more than a decade of experience administering food safety training programs for health
departments,we have learned that a food safety course is only the tip of the iceberg.Yes,it is the most
visible part,however,it is largely what is unseen that makes a program successful.The foundational
elements include website and payment processing,reporting,certificate delivery,fee distribution,
compliance,marketing support,and more.
The remainder of this proposal will detail the different components of the whole iceberg,a
comprehensive solution.
4
9
Professional Scrviocs Agreement—Tcchnology i"aec 32 0 .Ib
City Secretary Contract No.
Training Course
Format
The StateFoodSafety Food Handler Training program is presented online.It can be accessed from a PG
Mac,or mobile device and with data speeds in your area.
Learners can complete the Food Handier Training program at their own pace,signing in and out over
multiple sessions.When lea mers return after logging out,the course resumes from where they left off.
The Food Handler Training program is available 24/7/365.Regular third-party audits verity that
StateFoodSafety maintains a system uptime of greater than 99.98%StateFoodSafety also has incredible
server redundancy,meaning that a catastrophic event would need to simultaneously occur at three key
places in the world for StateFoodSafety to experience a significant outage.
Length of Course
The StateFoodSafety Food Handier Training program has a running time of approximately 60 minutes.
(Some learners may require more time to complete the exam than others,which accounts for time
variability.)
Scope-FDA Food Code
The Food Handler Training program is based on the 2013 version of the FDA model food axle.
Reading Level
StateFoodSafety has written the Food Handler Training program to a 6'grade reading level to increase
accessibility for as many learners as possible.
Languages
The Food Handler Training program is offered with full audio in English,Spanish,Mandarin,Korean,
Vietnamese,and Tagalog.A subtitled Serbo-Croatian version and a full video American Sign Language
version are also available.
The American Sign Language course was specifically made to ensure health departments are meeting
the needs of their deaf and hard of hearing public It also eliminates the costly need for the City to hire a
translator.
10
Professional Services Agreement—Technology Page 33 of 46
City Secretary Contract No.
Food Handier Training Outline
• Welcome! }
i
• Food Service Vocabulary' j
• Foodborne Illness Is a Real Threat m �
• How Food Becomes Unsafe
r+ Physical Hazards
o Preventing Physical Hazards' Food Hazard-any itemorsubstance
ci Chemical Hazards that can make food dangerous to eat
o Biological Hazards
o Gastroenteritis MW from*How Food irccomesUnsa/e'
o Viruses Are the
Leading Cause of
Foodbome Illness - -- `
Common Foodborne 0 n
Bacteria
• Cross-Contamination ,
• Highly Susceptible Populations
• When to Stay Home
Do I Need to Stay Home?'
• Your Hands Are Covered in Germs
Handwashing Video L
When and Where to Wash Hands
o Handwashing the Right Way'
:, Use Gloves
o Glove Changing Video
• Personal Hygiene Guidelines'
• Caring for Wounds �-
• Servers Can Contaminate Food Too
Do's and Don'ts for Servers
• Ready-to-[at Foods
• Bacteria and Time/Temperature Control for
Safety(TCS)Foods
o The Temperature DangerZone
ldentifyingTC5 Foods`
o Temperature's Effect on Bacteria
• Thawing Food Safely
• Refrigeration hnapefrom'WeGlem,
• Cooking
Measure Temperatures with a Thermometer
Professional Services Agreement—technology Page 3d of 4F
City Secretary Contract No.
p Using Thermometers'
o Keep Thermometers Calibrated
• Not and Cold Holding -
• Cooling Food �—
• Reheating +.
• Cleaning and Sanitizing •.' =-} �T�ti-��,�
a Frequently Clean
and Sanitize Food
Contact Surfaces
o Using and Storing Chemicals
• Food Storage
• Preventing Pests
o Identifying Pests'
• Conclusion 4 .
'Indicates interactive content ►mayeJr—`cam
'Ler us provide our strong support of yovy coursework.You have created a training product
that is effective and relevant to the food service and retail food industry,meeting their needs In
rerms of both content and time restraints.'
Jay Neat,Ph.D, SuJoto Slrsat,Ph.D.
University of Houston
Conrad N.Hilton College of Hotel and Restaurant Management
Development Methodology
StateFoodSafety follows industry best practices to develop courses including the development of
learning objectives,course content,interactivities,assessment blueprint,test items,evaluation of data,
and user feedback.
Dedication to best practices,inducting the latest research in eLearning design and adult learning,has
allowed StateFoodSafety to be on the cutting edge of engaging and effective training.
Avatars
Food Handier Training is presented by multiple animated avatars.Avatars play different characters in
the course including the food worker,food manager,health inspector,and health doctor,Avatars have
been proven to increase both learner engagement and the likelihood of applying learned concepts on
the job.
f 12 - - - - - -
Professional Services Agreement-Technology fawn:3:uF JG
City Secretary Contract No.
Animation
StateFoodSafety,uses animation in course development to maximize the
engagement and enjoyment of the learner.
i
Stories from Reai Life
Real life stories are incorporated throughout the Food Handier Training
program to provide powerful reminders of the importance of proper food
handling.These true stories emphasize the learner's role as a food
handler in protecting the customers they serve.
Interactivities
Learners taking the StateFoodSafety Food Handier Training program will
have multiple opportunities to engage with interactive modules that
simulate real workplace experiences.Interactive modules are presented
throughout the course at instructionally relevant times to encourage stareFood5afetyavitarexampk
information recall and keep the learner attentive and engaged.
Learners will simulate the following activities:
• Taking cooking temperatures and implementing corrective actions
• Teaching fellow food handlers how to wash hands properly
• Determining whether a sick food handler may go to work
• Identifying poor personal hygiene habits
• Identifying Time/Temperature Control for Safety(TCS)Foods
16g
Ccabng remmou're Jnterarnnry
Assessment
StateFoodSafety's Food Handier Training program concludes with a 30-question assessment that is
randomized for each learner.Questions are pulled from learning outcome(competency]pools that have
been created and refined by subject matter experts in the public health and food service industries.
These outcomes are designed to assess the learner in all critical aspects of food safety relevant to the
food handler role.
— { 13 — -- r -- ---
Professional Services Agm-ment—Technology I'agc 36 ow
City Secretary Contract No.
The assessment requires a passing score of 70%to obtain a certificate.Learners are given two attempts
with the purchase of each course.
Certificate Delivery
Learners may print their food handier certificates immediately after successful completion of the
assessment Certificates are valid for two years and are available for re-printing throughout the term of
validity.Certificates are provided in PDF format and are available for print,download,or email from
StateFoodSafety's learning management system.
StateFoodSafety will work with the City to ensure the certificate meets their needs.
User Experience
Webslte
StateFoodSafety proposes the use of a custom portal for the public to access the City of Fort Worth's
training program.A custom portal allows StateFoodSafety to design a similar look and feel for the
training ports I as exists on the current health department website.Custom portals are bulk and
maintained by StateFoodSafety's in-house web development team and will be approved by the City of
Fort Worth.
The website will be available on a subdomain(e.g.,fortworth.statefoodsafety.com)approved by the
health department,and links will be provided to place on health department web pages.
Checkout Process
StateFoodSafety accepts all major credit cards(Visa,Discover,American Express,and MasterCard)and
absorbs all processing,transaction,and web hosting fees on behalf of our health department clients.
Throughout the registration and checkout process,StateFoodSafety utilizes encryption(SSL 2048-bit)to
keep user data secure.All payment processing is performed by Authorize.net,a leading provider of
credit card processing.
StateFoodSafety undergoes quarterly third-party security audits and maintains the designation of PCI
compliance,which means that we follow industry best practices for credit card processing and data
storage.
Furthermore,StateFoodSafety never stores credit card information.
Learning Management System
StateFoodSafety utilizes a proprietary learning management system(AboveLMS)to deliver,track,and
report training and testing delivered to each food handler.Specifically designed for the food safety
industry,this technology allows regulatory officials to access learner data,pull reports,and verify
certificates quickly and easily.
14
Professional Services Agreement—Technology Page 37 of 46
City Secretary Contract No.
My Courses Page
The My Courses page is the learning center for each food handler.From My Courses,a learner can
maintain and update his or her account,take courses,view transcripts and certificates,and access
supplemvntal materials.
MY COURSES
mcaunea umrxmt� :aul�ixta
City or fort Worth,Tiara Food H&Wler Course
I
W'r"
The StaleloodSafety AbovelMS player is designed to maximize learning and engagement It provides
intuitive navigation of the course,playback speed and volume control options,captioning for learners
who prefer to read along,access to additional learning content,and collapsible menus to enlarge the
viewing,window.The player has also been optimized to perform well on a variety of mobile devices,
includinP phones and tablets.
rr.w wr,tr.ra.r+..r rr�+wMr M.+++w.e.s.r�.w..al.+•...wee+.�wrwaw...+u-�..r.nr..ew�
4r1.Ir�R,1+e1..W W�..r.uMr:f l.irrr�rRr.✓...1 WMMrM1�".w.411r.r.w.wweMr.�MY.Hr./N
n
Professional Services Agreement—7tchnology Page 39 of 46
City Secretary Contract No.
Reporting
The StateFoodSafety AboveLMS database allows City of Forth Worth officials to access reports 24/7/365
through an administrative account.These reports will allow City officials to see how many certificates
were issued through the Fort Worth custom portal during a given time period,the exam performance of
Fort Worth food handlers,and much more.Additionally,StateFoodSafety will facilitate the creation of
custom reports as desired by the City.
Email Reminders
At 30,seven,and one day(s)prior to a certificate's expiration,StateFoodSafety sends an email reminder
to the learner.The email is formatted to allow the recipient to navigate to the StateFoodSafety.com
website and renew.
Client&Customer Services
Client Services
StateFoodSafety will assign a dedicated and friendly client service representative to assist City of Fort
Worth officials with the implementation and operation of this program.Outstanding client services is a
hallmark of StateFoodSafety's offering and one of the top reasons current clients refer their associates.
'StoteFoodSafety.com has been a professional,reliable,and honest company.We
are extremely pleased with the services they hove provided.I highly recommend them
as a stat"f ftheirrt company that ran fulfill your needs to implement an online food
worker training and assessment program."
Corwin Porter,MPH
Deputy Director of Public Health
County of San Bernardino Department of Public Health
Fee Distribution
StateFoodSafety has robust accounting processes that ensure fees that they collect on behalf of the
health department are accounted for and distributed in an accurate and timely manner.Any fees
collected on behalf of the City of Fort Worth will be disbursed by the tenth of every month for the
month previous.Fee disbursal mailings include a financial report for the City's records.
Public Information Resources
StateFoodSafety has developed numerous resources that the City can utilize to market the program.
These include advertisements/flyers,handwashing stickers,handout cards,electronic mailing templates,
printable posters,and more.Statel'oodSafety can make reasonable customizations at the request of the
City.
26
Professional Services Agreement—Technology Page 39 of 46
City Secretary Contract No.
Customer Service
StateFoodSafety makes excellence in customer service a top priority.Bilingual(English and Spanish)
customer service representatives are available Monday through Friday from 9:00 AM to 9:00 PM CST.
Toil-free evening,weekend,and holiday phone support is also available.Customer contact options
Include:
• Phone
• Email
• Web form
• Social Media
• Text Message
Security
StateFoodSafety understands that fraud detection and prevention are moving targets.The following
fraud prevention and detection measures meet,and in some cases exceed,current industry standards of
professionalism and effectiveness.Any combination of these services can be utilized by the City to
maintain the integrity of the Food Handier Training program.
Protection of Training
Course Convenience and Quality
The convenience and ease of use of the online training has served to reduce the very motivation for
fraud.In addition,In every jurisdiction where the food Handier Training program has been
implemented,training compliance has significantly increased.
Cheating Detection Through Statistical Analysis
StateFoodSafety has built state-of-the-art reporting tools into AboveLMS that allow team members to
run testing data for specific groups of learners over specific time periods.These statistical analysis
reports enable StateFoodSafety to detect patterns of test-taking behavior and detect systemic cheating
If/when It occurs.
Asset Protection
Asset protection requires learners to spend the minimum amount of time per slide required to view the
content in its entirety.This prevents food handlers from skipping material or moving straight to the
assessment
17 ,-
Professional Services Agreement—'technology Page 40 of46
City Secretary Contract No.
Protection of Assessment
Assessment Security
The StateFoodSafety Food Handler Assessment is uniquely generated for each learner and for each
attempt Randomization of questions,in combination with a large question bank,discourages cheating
by diminishing the likelihood that a learner will be issued similar assessments from one attempt to
another.In such cases,It becomes easier to complete the training and assessment honestly,rather than
attempt to memorize or copy answers.
Affirmathm of Identity(e Signature):For use at the discretion of City
StateFoodSafety can implement an e-Signature field during the purchase of the course or before the
assessment The language of the e-Signature would be developed in partnership with the City and
require the learner to verify their identity with full disclosure of any consequences resulting from
fraudulent or dishonest behavior.
Example:"I afffm that the Information entered under permit Holder information'applies to me.I affmn
that will complete this coupe and test formyself only.I understand that selecting'Yes'below
constitutes my digltal signature and verification of my identity under penalty of law."
Protection of Certificate
Certificate Verification
All certificates issued by StateFoodSafety can be verified online at wwwstatefoodsafetycom/verify.If a
verification number Is valid,the site will generate the original certificate that was issued by
StateFoodSafety,thereby allowing City officials to compare the original with the certificate In their
possession.If no match is found In the database,the site will inform the administrator.
Unique Security Features
StateFoodSafet}/s certificates contain a combination of industry-standard features to prevent
duplication and fraud.These features include watermarks,verification numbers,and recognizable
features.The City of Fort Worth may also wish to place the City's logo and/or a City officials signature in
a prominent place on the certificate.These leatures increase the difficulty of fraudulently recreating the
certificate.
Certificate Invalidation:For use at the discretion of Ory
StateFoodSafety has developed an invalidation tool that prominently marks a certificate as having been
invalidated in all instances where itcan be accessed in StateFoodSafL-Ws AboveLIY15.Generally,
certificate invalidation Is utilized only in cases where it is certain that fraud or cheating has occurred.
City officials can work with StateFoodSafety to invalidate certificates according to policies and
procedures required by ANSI.
18
Professional Services Agnremcat—Technology Page 41 of46
City Secretary Contract No.
Conclusion
We at StateFoodSafety are confident that our industry-leading food safety training solution will meet
the needs of the Oty of Fort Worth.We believe our track record of experience,quality,and
dependability make our unique offering the strongest choice for the City and its public.We look forward
to discussing the details of our submission with Oty officials and welcome the opportunity to address
any questions,comments,or concerns during an open negotiation period.
Our team looks forward to serving the City of Fort Worth and its public)
14
Professional Services Agreement—Technology Page 42 of 46
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
MONTHLY REVENUE
Courses Sold Revenue to Revenue to City of
StateFoodSafe Fort Worth
0-999 $7.00 $3.00
1,000— 1,999 $6.00* $4.00
2,000+ $5.00* $5.00
*Applied retroactively to all courses sold within the month
Professional Services Agreement—Technology Page 43 or46
City Secretary Contract No.
EXHIBIT C
INTENTIONALLY DELETED
Professional Services Agreement—Technology Page 44 of 46
City Secretary Contract No.
EXHIBIT D
INTENTIONALLY DELETED
RofeWmat Sovkes Agreenwo—TccWogy Page 45 of46
City Secretary Contract No.
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
AboveTraining, Inc.d/b/a StateFoodSafety
Full Business Address: 711 Timpanogos Parkway,Orem,UT 84097
Services to be Provided: Learning Management Solution for On-Line Safety Training
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind the Consultant and to execute any agreement,amendment
or change order on behalf of Consultant. Such binding authority has been granted by proper order,
resolution,ordinance or other authorization of Company.The City is fully entitled to rely on the warranty
and representation set forth in this Form in entering into any agreement or amendment with Consultant.
Consultant will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. The City is entitled to rely on any current executed Form until it receives a revised
Form that has been properly executed by the Consultant.
l. Name: Dania( Rid
Position: ot"-km,,s
Signatur
2. Name:
Position:
Signature
3. Name:
Position:
Signature
N e:2),104A J (I1APYAW
aW
,/U_'Q,
Si nat re f resident/CEO
Other y,4L i
Date:
Professional savices Apccmnt—TcdmolM, Page 46 ora6