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HomeMy WebLinkAboutContract 44082 (2)Applied &cmulotion Tec_hnolo ies OTY OECRF_TARY,L:ii. coonacm Annual FVOC�1O1 WebTM/Fleet©river-101 TM Site License Agreement Includes EVOCA O 1 TrainothoriTrainer Package Agreement Start Date: Upon execution of sinned agreement Agreement End Dates One-vear following execution of sinned agreement Applied Simulation Technologies, Inc. ("AST) of 4394 Century Dr., Murray, UT 84123, Tel: (801) 506-1340; fax: (801) 506-1345 and City of Fort Worth _1000 Throckmorton, Fort Worth Texas ,76102, for itself and for the benefit of its subsidiaries and affiliates, hereinafter known as "Client," agree that the following terms and conditions shall govern Client's use of AST's products known as "EVOC-101 Web" and FleetDriver.101. 1. Definitions 1.1 "EVOC-101 Web" means software and courseware that comprise the set of interactive lessons for the Intersection Analysis curriculum for emergency vehicle driver training and any subsequent versions of EVOC-101 Web used by the Client See Exhibit C for description. 1.2 "FleetDriver-101" means software and courseware that comprise the set of interactive lessons for the curriculum for fleet vehicle driver training and any subsequent versions of FleetDriver-101 used by the Client. See Exhibit C for description. 1.3 "Learning Management System" also "LMS" is a term used to describe software tools designed to manage user web based training records management and reporting. It provides a learner self-service (e.g. self -registration) bookmarking, training workflow, user notification, manager observation and tracking. 2. Usage License 2.1 AST hereby grants to the Client a non-exclusive, non -transferable license to use the EVOC-101 Web and FleetDriver-101 program and to allow students, trainees, and employees (the "End Users") to use EVOC-101 Web and FleetDriver-101 with the permission of the Client. This license grant is expressly conditioned upon compliance with the following: 2.1.1. All End -Users shall first acknowledge acceptance of the license agreement as it appears on the Sign -In page prior to using the lessons. To the extent the language in this document and on the Sign -In page conflict, the terms of this document shall control. 2.1.2. All End -Users shall enter the EVOC-101 Web and FleetDriver-101 program by using a unique Student or User Number assigned by the Client. confidential (1:.1 OFFICIAL RECORD •; CITY SECRETARY FT WORTH TX r• License Agreement 4sr 2.2 The Client may not use, reproduce, sublicense, distribute, or dispose of EVOC-101 Web and FleetDriver-101 software or courseware, other than as permitted under this Agreement. 3. Effective Date And Terms 3.1 The Effective Date of this Agreement will be the date both parties have signed this Agreement. The Agreement is for one (1) year and will automatically term nate on the end date unless renewed by the parties. 4. Consideration 4.1 In consideration of the rights granted to Client, Client agrees to pay AST i accordance with the EVOC-101 Web and FleetDriver-101 Price, attached as Exhibit A: 4.2 Lessons are intended to be taken by only one End -User (student) at a time. The computer screen may not be shared with other End -Users, except with a trainer who may be assisting the End -User. 4.3 End -Users should be made aware by Client of minimum system requirements, as specified in the attached Exhibit B. 4.4 The Client agrees to allow the computers using EVOC-101 Web and Fleei:Driver-101 t o connect to AST for the sole purpose of recording driver data, which shall be made constantly available to the Client at no additional charge in the Client's private access to the EVOC-101 Web and FleetDriver-101 Learning Management System. 4.5 AST shall not use the collected driver data for any purpose other than informing the database, and shall not market or make available such data to any other entity. Following expiration or termination of this Agreement, AST will return all driver data to Client or provide documentation that is reasonably acceptable to the Client evidencing that all driver data has been deleted from AST's records. 5. Disclaimer of Warranty 5.1 The information used by AST in preparing these lessons has been obtained from sources believed to be reliable and current, including the US Government and applicable federal and state regulations. Every effort has been made to produce the finest and most reliable emergency vehicle operator lessons available. Hcvvever, AST cannot guarantee the adequacy, completeness, or appropriateness of the EVOC-101 Web and FleetDriver-101 material, and is not responsible for any omissions or inaccuracies obtained from our sources. 5.2 AST licenses the EVOC-101 Web and FleetDriver-101 software and courseware training program on an "As Is" basis. AST makes no warranties, including the implied warranties of fitness for a particular purpose, regarding the program or its use and operation for training, testing, screening, or other purposes. Confidential Dec( s-nber 3, 2012 License Agreement 6. Notices 6.1 Any notice required under this Agreement shall be deemed given: When delivered personally with a written receipt; 0 Arr When transmitted by confirmed facsimile; Five days after having been sent by registered or certified USPS mail (return receipt requested, postage prepaid) or by overnight carrier, to AST and/or to the Client at the addresses on Page One of this Agreement. 7. Complete Understanding This Agreement, including all Exhibits attached, constitutes the entire Agreement hetween the parties concerning the use and distribution of AST's EVOC-101 Web and FleetDriver-101 interactive training programs. Agreement shall be effective only if in writing and signed by an authorized representative of both parties. The parties, by the actions of their authorized representatives, have executed this Agreement, including the attached exhibit(s), as of the dates indicated below. ACCEPTED BY _/ ACCEPTED BY Signature: i -�� Name: OVV i-€ r UJO. rtintej Title:r-&s\'S4CU1± on, Organization: (j, Date: .4n4A-C. Signature: ucomel APPROVAL ECOMMENDED: By: &Q_D [ Jeffrey W. Ha stead Chief of Police Date: I APPROVED AS TO FORM AND LE � IT By: �`i,, I �l Denis C. Mb'Elroy 7) Assistant City A orney ATTE�T By: Mary J. Kayse City Secretary Confidential ac foo it*. Siill t_000©0 ILA # Crptr °OS VI eat i 0 A 0 0 8 -‘t (si % 0 0 Mrti 6. Qo o0 x1 °"0000ao. 4 Lax;� Name: Title: Organization: Date: Reginald T. Wellas President & CEO Applied Simulation Technologies, In ;. //02/02 o 3 OFFICIAI» ' ECORD Cp`u'u SEC"E�i�lfitl WO TX m er , 2012 License Agreement Client: Size: Price: Duration: Exhibit A EVOC-1 O1 WebTM and Fleet®rivera101 TM Site License Pric EVOCc101 TM Train -the -Trainer Package City of Fort Worth 600 per year $12,000 One Year Site License Description 1. Unlimited access may be assigned for up to 600 student users per year to all lessons of the EVOC-101 Web and FleetDriver-101 courses (see exhibit C and for lesson descriptions) for the entire license period. 2. During the active license year, assigned student users may take each lesson in the course as many times as required. However, the course must be completed in its entirety before launching a new course. 3. This price is for a single local, municipal, city, county, or regional department only. Special Pricing Terms Special pricing has been extended based on a three-year commitment. It is expected that the Client will renew the EVOC-101 and FleetDriver-101 site license agreement at the same level for the next two years and AST commits to offering Client the same per -year pricing during each of the next two years as during the initial one-year term. EVOC-101 Web and FleetDriver-101 Learning Management System AST shall provide to the Client a private access to the EVOC-101 Web and FleetDriver-101 Learning Management Systems for documenting and tracking driver training records. EVOC-101 TM TrainetheaTrainer Package Client: City of Fort Worth Price: $3,500 Train -the -Trainer Package Description AST's Train -the -Trainer Package is designed to give the optimum value to the instructor by guiding the trainers through one-on-one familiarity and applications training, troubleshooting and adaptation of EVOC-101 simulator software. It provides a two-day, on -site training program with refresher training, train -the -trainer for those newly assigned, and review of best practices. This is designed for clients that experience a high annual turnover rate or transitioning of training personnel. The scope of services and price of the package includes one round trip and two-day stay at client's site. Confidential Pecs rmber 3, 2012 4 Ise. I- mmo • Microsoft Windows XP Microsoft Windows Serve 2003 Microsoft Windows 2000 Microsoft Windows Millennium Edition Microsoft Windows 98 License Agreement Exhibit B Asr .�,�4.,j c ;:_4u1c>l Tkr,i•r.:'_, AST EVOCE1101 WebTM System Requirements: Flash Player 9 Hardware Adobe has tested Adobe o Flash O Player 9 extensively on the following minimum hardware configur 3tions: Windows Intel o Pentium o II 450MHz or faster processor (or equivalent) 128MB of RAM Macintosh Linux PowerPC o G3 500MHz or faster processor Modern processor (800MHz or Intel Core TM Duo 1.33GHz or faster faster) processor 128MB of RAM 512MB of RAM, 128MB of graphics memory/ Operating systems and browsers Flash Player 9 is supported on the following minimum operating systems and browsers: Windows Platform Browser Microsoft o Windows Vista o Microsoft Internet Explorer 7, Firefox 2.0, AOL 9 Microsoft Internet Explorer 6.0 or later, Firefox 1.x, Firefox 2.x, Mozilla i .x or later, Netscape 7.x or later, AOL 9, Opera 7.11 or later Microsoft Internet Explorer 6.0 or later, Firefox 1.x, Firefox 2.x Microsoft Internet Explorer 5.x, Firefox 1.x, Firefox 2.x, Mozilla 1.x, Net -cape 7.x or later, AOL 9, Opera 7.11 or later Microsoft Internet Explorer 5.5, Firefox 1.x, Mozilla 1.x, Netscape 7.x of later, AOL 9, Opera 7.11 or later Microsoft Internet Explorer 6.0 or later, Firefox 1.x, Mozilla 1.x, Netscar e 7.x or later, Opera 7.11 or later P latform Macintosh Browser Mac OS X v10.1 or later Firefox 1.x, Mozilla 1.x, Netscape 7.x or later, AOL for Mac OS X, Opera 6, Safari 1.x (PowerPC) or later Mac OS X v10.4.x or later (Intel) Firefox 1.5.0.3 or later, Opera 6, Safari 2.x or later Linux P latform Red Hato Enterprise Linux (RHEL) 3 update 8, RHEL 4 update 4 (AS/ESNVS) N ovell SUSETM 9.x or 10.1 Browser Firefox 1.5.0.7 or later, Mozilla 1.7.x or later, SeaMonkey 1.0.5 or later Firefox 1.5.0.7 or later, Mozilla 1.7.x or later, SeaMonkey 1.0.5 or later Solaris TM P latform Browser S olaris 10 Firefox 1.5.x or later, Mozilla 1.7.x or later 1. ATI Rage 128 GPU does not support full screen mode with hardware scaling. 2. Only Advanced Linux Sound Architecture (ALSA) is supported (OSS/ESD will not play audio; audio will silently fail). Only GTK2-based browser versions are supported. Confidential Decf rnber 3, 2012 License Agreement AST Fleet®rivern101 TM System Requirements 4ST FleetDriver-101 is optimized to run on the Adobe R Flash R Player 10; therefore FleetDriver-101 prescribes the minimum hardware and software requirements for accessing and using the FleetDriver-101 Courseware as prescribed by Adobe Hardware Adobe has tested Adobe R Flash R Player 10 software extensively on the following minimum hardware configurations: Windows Intel R Pentium e II 450MHz, AMD AthlonTM 600MHz or faster processor (or equivalent) with128MB of } RAM or128MB of VRAM #Recommended for GPU hardware acceleration —dependent features. Flash Player use software mode for systems that do not meet the system requirements. Macintosh PowerPC R G3 500MHz, Intel Core TM Duo 1.33GHz or faster processor with 128MB of RAM Operating systems and browsers Flash Player 10 is supported on the following minimum operating systems and browsers: Windows Platform Microsoft R Windows Vista R - Microsoft Internet Explorer 7.0 or later, Firefox 2.x, Firefox 3.x, AOL 9, Opera 9.5 or later, Safari 3.x, Chrome 2.0 or higher Microsoft R Windows XP - Microsoft Internet Explorer 7.0 or later, Firefox 2.x, Firefox 3.x, AOL 9, Opera 9.5 or later, Safari 3.x, Chrome 2.0 or higher Microsoft R Windows 2000 - Microsoft Internet Explorer 7.0, Firefox 2.x, Firefox 3.x, AOL 9, Opera 9.5 Microsoft R Windows 7 - Microsoft Internet Explorer 8.0 or later, Firefox 3.x or laterl NOTE: Microsoft R Internet Explorer 6.0 is NOT compatible with the FLEETDRIVER-101 COURSEWARE. Macintosh Platform Mac OS X v10.4 or later (PowerPC) - Firefox 2 x, Firefox 3.x, ALL for Mac OS X, Opera 9.5, Safari 3.x. Mac OS X v10.4 or later (Intel) - Firefox 2.x, Firefox 3.x, Opera 9.5, Safari 3.x Mac OS X v10.6 - Firefox 3.x or later, Safari 4.x or later 'ATI Rage 128 GPU does not support full -screen mode with hardware scaling. IN ADDITION: All browsers must support Java and JavaScript. FLEETDRIVER-101 requires the use of a pointing device such as a mouse and that the computer hardware is equipped with speakers or headphones. INTERNET CONNECTION REQUIREMENTS FLEETDRIVER-101 prescribes minimum Internet Connection Speed requirements for accessing and using the COURSEWARE: The FLEETDRIVER-101 COURSEWARE requires a Broadband Internet connection capable of a download speed of 800 Kilobits Per Second (kbps) or greater. Confidential December 3, 2012 License Agreement Exhibit C Product Description EVOC-1O1 WebTM Intersection Analysis Course: Emergency Vehicle Operations (EVO) Intersection Analysis AST •'sl The course consists of five core lessons which take approximately 20 minutes each to complete. The course is designed to be self -taken (no instructor) online and is accessible 24/7 so that cadets may learn at their own pace and around individual time constraints. Lessons*: cgs Lesson #1 - Intersection Approach o Identify the primary goals of the Approach stage of intersection navigation, o Label highway travel lanes with corresponding reference numbers o List the intersection approach tasks in sequence and link them to appropriate distances o Select appropriate methods for maximizing vehicle control when approaching intersections o Recognize the risks associated with improper intersection negotiation Lesson #2 - Intersection Assessment o Describe how the assessment stage and the approach stage work together in intersection analysis o Indentify all the hazards and potential hazards in a given scenario o Categorize the hazards as potential or immediate and prioritize them according to their level of danger o Recognize the risks associate with each hazard Lesson #3 - Clearing the Intersection: Basics o List basic steps for clearing an intersection o Select appropriate methods for clearing an intersection o Recognize the risks associated with improper intersection clearing Lesson #4 - Clearing the Intersection: Advanced Skills o Recognize the additional hazards associated with clearing a congested intersection o Recognize the importance of slowing down and giving you additional time to recognize and respond to these hazards o List the steps for safely clearing a congested intersection o Know the methods for clearing an intersection when your lanes are blocked o Identify the most common mistakes made when clearing a congested intersection St Lesson #5 - Intersection Departure & Course Summary o List the steps for safely departing an intersection o Recognizing the common hazards you might encounter during the departure stage o Recall all steps and key concepts in the EVO Intersection Analysis process *It is intended that the course be taken in the order listed. Confidential December 3, 2012 License Agreement Product Description FleetDrivera101 TM AST %3!r4Sc1 S• rti t on Tsdvt ; •.; The course consists of five core lessons which take approximately 20 minutes each to complete. The course is designed to be self -taken (no instructor) online and is accessible 24/7 so that drivers may learn at their own pace and around individual time constraints. Lessons: Search and Scan - Drivers learn where to look, when to look, what to look for, and what to do when they identify hot spots that require more of their attention. Hazard Recognition — Drivers learn about hazard clues and masks that help thern anticipate risky situations. They will practice identifying multiple hazards in quick succession and learn what can happen if they fail to recognize hidden hazards. Sight, Speed and Space Management — Teaches drivers to not only become familiar with situations that require them to adjust their sight, speed, and space, but also provides practice for adjusting speed and space in a variety of driving conditions in order to help maintain vehicle control and avoid the crash. Judging Safe Distance — Covers "Go Zones", or the distance needed between the driver's vehicle and oncoming vehicles and how big their Go Zone must be depending on :he speed of oncoming traffic and the maneuver being performed Attention and Distraction — Covers the negative effects of looking away from the road for more than two seconds. Drivers will practice strategies for eliminating controllable distractions and making necessary adjustments for distractions that they cannot control. Confidential 8 December 8, 2012