Attachment A CONTRACT PA08-50079 – SIGN LANGUAGE INTERPRETING 1.0 CONTRACT SCOPE Contract services include non-mandatory continuing service for spoken language to sign language and sign language to spoken language. The primary users of this contract will be staff representing the Wisconsin School for the Deaf (WSD) in Delavan, WI and the Wisconsin Educational Services Program – Deaf and Hard of Hearing Outreach Program (WESP-DHH) within the Department of Public Instruction (DPI). Services will be ordered on an as needed basis. The Division for Learning Support: Equity & Advocacy, Wisconsin School for the Deaf will manage this contract. Other Divisions within the Department or other state agencies may participate as needed. Individual agreements shall be used for agencies other than DPI; all such agreements shall be with the permission of DPI and shall be consistent with the prices and terms of this contract. A contract “Piggybacking” form is attached to the contract site for use by agencies other than the Department of Public Instruction. The State does not guarantee or limit the volume of services that may be needed in this contract; usage could be none on any individual contract. Most services are required in Southeastern Wisconsin areas. However, services are occasionally needed elsewhere, and may occur in any part of the state. Municipal entities are eligible to contract with the awarded Contractors. An initial agreement (Vendor Agreement – Wisconsin Cooperative Purchasing DOA-3333) is on file for all awarded vendors. In addition, a specific agreement at the time of contracting are required to obligate the vendor to municipal (non-State Wisconsin government entity) participation. 2.0 CONTRACT LENGTH: This contract will be for one year period with the option to renew for two additional one-year periods. The exact dates are listed on the VendorNet contract cover page. Renewal shall be automatic if no notice is received, according to terms of the bid. 3.0 CONTRACT USE This contract is awarded to three Contractors, which are listed in the order of lowest hourly rates. Use of these Contractors shall be determined in the best interest of the State, according to interpreter qualifications and availability. It is expected that users will give priority to the lowest cost of using a qualified interpreter available for the required date and time, with consideration given to administration time and travel distance when necessary, so that the usage decision results in the lowest actual “life cycle” cost to the State. There shall be no charge for the services of an intern or apprentice on this contract, but for the certified Mentor only. The presence of an intern or apprentice does not substitute for any requirement for a second certified interpreter. When the State agrees that an approved apprentice shall be paid, that service must be purchased separately from this contract. All specifications, terms and conditions of RFB PA08-50079 apply to this contract. Technical and performance specifications are listed in sections 4 and 5 of the bid and contract documents. Certifications are listed in section 4.1; ordering users will designate the required certifications at the time of order and scheduling. CONTRACT VENDORS – CONTACTS SWITS, Ltd. Professional Interpreting Enterprise Interpreting Solutions PO Box 196 6510 W. Layton Ave., Suite 2 4369 S. Howell Ave., Suite 203 Delavan, WI 53115 Greenfield, WI 53220 Milwaukee, WI 53207 [MBE] Contact: Rachel Arteaga Contact: Sherry Schwannecke Contact: Jodie Howard email@example.com firstname.lastname@example.org Jodie@interpretingsolutionsinc.com Voice: (262) 740-2590 Voice: (414) 282-8115 v/tty Voice: (414) 727-8778 Fax: (262) 740-2592 Toll Free (888) 801-9393 v/tty Fax: (414) 727-8773 Fax: (414)282-8117 FEIN: 201702511 FEIN: 562514678 FEIN: 392041098 VENDOR PRICES/TERMS S. WI Interpreting & Translation Service Professional Interpreting Interpreting Solutions, Inc. SWITS, Ltd. Enterprise Vendors Certified MBE 392041098 B Counties of Service All counties All counties All counties Service Hourly Rate Hourly Rate Hourly Rate Interpreting services of each interpreter $57/Hr $62/ Hr $65 / Hr Interpreting services of each interpreter in a legal setting. $65/Hr $75/ Hr Not Available Interpreting Services, $60/Hr $93/ Hr non-legal $97/Hr Weekend, Holiday & between the $112.50/Hr Legal hours of PM and AM. 5:PM and 8:00 AM 5 PM and 8 AM 8 PM and 7 AM Travel Time $57/Hr Same as applicable interpreting rate. Same as applicable interpreting rate Short Notice Request: Customer may be billed this rate if appointment is scheduled less than Add $5.00/Hr to applicable hours prior to appointment $60/Hr interpreting rate. Add $65.00 Flat Fee for same day or time. 24 hrs 48 Hrs next day service. Short Notice Cancellation (see Section 5.5) Max. 2 Hrs. Customer may be billed for a 48 Hrs. notice All hours scheduled will be billed if maximum of hours of service All requested hours scheduled per not cancelled two full business days if cancellation is received with less Interpreter if not cancelled two full before service. than stated hours before scheduled business days before scheduled service. Time + Travel if en route. service. Minimum Billing Hours 2 Hours ½ Hour None. Time is billed in ½ hour Travel/Hotel Negotiated. Add’l Coordination fees may be assessed for multi-day conference, Conditions – Municipal Use No Municipal (non-state) Conditions No Municipal (non-state) Conditions seminars, trainings. 4.0 TECHNICAL SPECIFICATIONS / PERFORMANCE REQUIREMENTS: 4.1 Contractor Interpreter Experience and Certification Each direct service provider must provide documentation substantiating current interpreter certification of one or more types based upon the following table, in order to provide services at the designated level. INTERPRETER CERTIFICATION TYPES AND DEFINITIONS: NIC (National Interpreter Certification): Individuals who achieve the NIC level have passed the NIC Knowledge exam. They have also scored within the standard range of a professional interpreter on the interview and performance portions of the test. NIC Advanced: Individuals who achieved the NIC Advanced level have passed the NIC knowledge exam; scored within the standard range of a professional interpreter on the interview portion; and scored within the high range on the performance portion of the test. NIC Master: Individuals who achieved the NIC Master level have passed the NIC Knowledge exam. They have scored within the high range of a professional interpreter on both the interview and performance portions of the test. Passing the test at the NIC level indicates that the interpreter has demonstrated skills in interpreting that meet a standard professional performance level and should be able to perform the varied functions of interpreting on a daily basis with competence and skill. It also shows that an individual has passed a test with both interpreting and transliterating elements, as opposed to one or the other. CI (Certificate of Interpretation): Holders of this certificate are recognized as fully certified in interpretation and have demonstrated the ability to interpret between American Sign Language (ASL) and spoken English for both sign-to-voice and voice-to-sign tasks. The interpreter’s ability to transliterate is not considered in this certification. Holders of the CI are recommended for a broad range of interpretation assignments. CT (Certificate of Transliteration): Holders of this certificate are recognized as fully certified in transliteration and have demonstrated the ability to transliterate between English-based sign language and spoken English for both sign-to-voice and voice-to-sign tasks. The transliterator’s ability to interpret is not considered in this certification. Holders of the CT are recommended for a broad range of transliteration assignments. CDI-P (Certified Deaf Interpreter-Provisional): Holders of this provisional certification are interpreters who are deaf or hard-of-hearing, and who have demonstrated a minimum of one year experience working as an interpreter; completion of at least eight hours of training on the NAD-RID Code of Professional Conduct; and eight hours of training in general interpretation as it relates to the interpreter who is deaf or hard-of-hearing. Holders of this certificate are recommended for a broad range of assignments where an interpreter who is deaf or hard-of-hearing would be beneficial. CDI (Certified Deaf Interpreter): Holders of this certification are interpreters who are deaf or hard-of- hearing, and who have completed at least eight hours of training on the NAD-RID Code of Professional Conduct; eight hours of training on the role and function of an interpreter who is deaf or hard-of-hearing; and have passed a comprehensive combination of written and performance tests. Holders of this certificate are recommended for a broad range of assignments where an interpreter who is deaf or hard-of-hearing would be beneficial. CSC (Comprehensive Skills Certificate): Holders of this full certificate have demonstrated the ability to interpret between American Sign Language (ASL) and spoken English, and to transliterate between spoken English and an English-based sign language. Holders of this certificate are recommended for a broad range of interpreting and transliterating assignments. MCSC (Master Comprehensive Skills Certificate): The MCSC examination was designed with the intent of testing for a higher standard of performance than the CSC. Holders of this certificate were required to hold the CSC prior to taking this exam. Holders of this certificate are recommended for a broad range of interpreting and transliterating assignments. RSC (Reverse Skills Certificate): Holders of this full certificate have demonstrated the ability to interpret between American Sign Language (ASL) and English-based sign language or transliterate between spoken English and a signed code for English. Holders of this certificate are deaf or hard-of- hearing and interpretation/transliteration is rendered in ASL, spoken English and a signed code for English or written English. Holders of the RSC are recommended for a broad range of interpreting assignments where the use of an interpreter who is deaf or hard-of-hearing would be beneficial. OTC (Oral Transliteration Certificate): Holders of this generalist certificate have demonstrated, using silent oral techniques and natural gestures, the ability to transliterate a spoken message from a person who hears to a person who is deaf or hard-of-hearing. They have also demonstrated the ability to understand and repeat the message and intent of the speech and mouth movements of the person who is deaf or hard-of-hearing. OIC:C (Oral Interpreting Certificate: Comprehensive): Holders of this generalist certificate demonstrated both the ability to transliterate a spoken message from a person who hears to a person who is deaf or hard-of-hearing and the ability to understand and repeat the message and intent of the speech and mouth movements of the person who is deaf or hard-of-hearing. OIC:S/V (Oral Interpreting Certificate: Spoken to Visible): Holders of this partial certificate demonstrated the ability to transliterate a spoken message from a person who hears to a person who is deaf or hard-of-hearing. This individual received scores on the OIC:C examination which prevented the awarding of full OIC:C certification. OIC:V/S (Oral Interpreting Certificate: Visible to Spoken): Holders of this partial certificate demonstrated the ability to understand the speech and silent mouth movements of a person who is deaf or hard-of-hearing and to repeat the message for a hearing person. This individual received scores on the OIC:C examination which prevented the awarding of full OIC:C certification. IC/TC (Interpretation Certificate/Transliteration Certificate): Holders of this partial certificate demonstrated the ability to transliterate between English and a signed code for English and the ability to interpret between American Sign Language (ASL) and spoken English. This individual received scores on the CSC examination which prevented the awarding of full CSC certification. IC (Interpretation Certificate): Holder of this partial certificate demonstrated the ability to interpret between American Sign Language (ASL) and spoken English. This individual received scores on the CSC examination which prevented the awarding of full CSC certification or partial IC/TC certification. TC (Transliteration Certificate): Holders of this partial certificate demonstrated the ability to transliterate between spoken English and a signed code for English. This individual received scores on the CSC examination which prevented the awarding of full CSC certification or IC/TC certification. CLIP (Conditional Legal Interpreting Permit): Holders of this conditional permit completed an RID- recognized training program designed for interpreters and transliterators who work in legal settings. Generalist certification (CI and CT, or CSC) was required prior to enrollment in the training program. Holders of this conditional permit are recommended for a broad range of assignments in the legal setting. CLIP-R (Conditional Legal Interpreting Permit-Relay): Holders of this conditional permit have completed an RID-recognized training program designed for interpreters and transliterators who work in legal settings, and who are also deaf or hard-of-hearing. Generalist certification for interpreters/transliterators who are deaf or hard-of-hearing (RSC, CDI-P or CDI) is required prior to enrollment in the training program. This permit is valid until one year after a legal written and performance test for deaf interpreters becomes available nationally. CLIP-R holders will be required to take and pass the new legal certification examination to maintain certification in the specialized area of interpreting in legal settings. Holders of this conditional permit are recommended for a broad range of assignments in the legal setting. SC:L (Specialist Certificate: Legal): Holders of this specialist certificate have demonstrated specialized knowledge of legal settings and greater familiarity with language used in the legal system. Generalist certification, documented training and legal interpreting experience are required prior to sitting for this exam. Holders of the SC:L are recommended for a broad range of assignments in the legal setting. Prov. SC:L (Provisional Specialist Certificate: Legal): Holders of this provisional certificate hold generalist certification and have completed RID approved legal training. Holders of this certificate are recommended for assignments in the legal setting. SC:PA (Specialist Certificate: Performing Arts): Holders of this certificate were required to hold RID generalist certification (CSC) prior to sitting for this examination and have demonstrated specialized knowledge in performing arts interpretation. Holders of this certificate are recommended for a broad range of assignments in the performing arts setting. Ed: K-12 (Educational Certificate: K-12): Holders of this certificate have demonstrated the ability to expressively interpret classroom content and discourse and the ability to receptively interpret student or teen sign language. It is not limited to any one sign language or system. This certificate is issued to interpreters who work with students and teenagers who use predominately American Sign Language (ASL), Manually-Coded English (MCE) and Pigdin Sign English (PSE). Holders also demonstrate proficiency in the voice-to-sign and sign-to-voice interpreting skills of interpreters who work in the elementary and secondary school classroom setting. National Association of the Deaf (NAD) Certified Assessment Levels IV-V: Level IV: (Advanced): Holders of this certificate possess excellent voice-to-sign skills and above average sign-to-voice skills or vice versa. This individual has demonstrated above average skill in any given area. Performance is consistent and accurate. Fluency is smooth, with little deleted, and the viewer has no question to the candidate’s competency. With this certificate, an individual should be able to interpret in most situations. Level V (Master): Holders of this certificate possess superior voice-to-sign skills and excellent sign- to-voice skills. This individual has demonstrated excellent to outstanding ability in any given area. There are minimum flaws in their performance, and they have demonstrated interpreting skills necessary in almost all situations. 4.2 Quality Standards 4.2.1 All Contractor staff must adhere to the RID Interpreter Code of Professional Conduct; included as an attachment to the bid document. 4.2.2 Contractor staff must adhere to applicable rules and regulations of DPI or other customers. This may include, but is not limited to: Wearing a state issued ID while on state premises. Some work areas may be scent-free to accommodate persons with potentially disabling chemical sensitivities; contractors should refrain from the use of perfume, cologne, after- shave, etc. Interpreters must be attired appropriately for the environment they are working in. Interpreters must arrive on time as scheduled. A “no-show” will be grounds for contract cancellation and is any unannounced Contractor absence from a job as scheduled, or any absence for which notice by Contractor to the customer is less than two hours before the scheduled start of the job. For an absence for which customer receives more than two but less than 24 hours notice, customer reserves the right to assess the Contractor with the difference between the contract hourly rate and the hourly rate of any interpreter(s) obtained to cover the Contractor’s absence. Repeated occurrences of a need to cover will be grounds for contract cancellation, at the option of the State. 4.2.3 Contractor staff must adhere to all applicable confidentiality rules and regulations. The Contractor shall not release personal information regarding any person authorized for services by DPI, WESP-DHH or WSD without the prior written consent of the subject of the record or as otherwise required by law. Written approval from DPI is required prior to release of any information relating to individuals served through this agreement. 4.2.4 There will be no instances in which the above rules are not followed. For more specific input, Contractor shall consult the person who places the order for services. 4.3 Use of Apprentices or Interns under the Direct Guidance of a Qualified Mentor Under certain circumstances and with the advance consent of the user of interpreting services, DPI may allow apprentices or interns to provide interpreting services as part of a well-defined mentoring program. The Mentor must be fully qualified for that particular assignment, and must be physically present, attentive and available at all times to take over from the apprentice of intern should difficulties arise. Mentoring is not a substitute for comprehensive interpreter education or for the internships and practicums associated with such formal training. There shall be no charge for the services of an intern or apprentice, but for the certified Mentor only. The presence of an intern or apprentice does not substitute for any requirement for a second certified interpreter. 5.0 PERFORMANCE/SUPPORT SPECIFICATIONS: 5.1 For interpreting situations known to be over two (2) hours in length, contract users will request the services of two (2) certified interpreters. 5.2 A Contractor's service will be chosen based on individual situational need. The Contractor who is qualified to interpret in the identified situation, is on the approved contract listing and is judged to be in the best interest of the State will be selected. DPI users reserve the right to determine the qualification level required for their interpreting situation. 5.3 Required travel time may be negotiated from the provider’s home or office base to the work site or from another interpreting assignment location to the work site, whichever is closer. Travel time shall be purchased at the Contractor's quoted travel hourly rate. 5.4 Required travel time associated with interpreting situations requiring overnight stays shall be limited to actual travel time or a total travel time of four (4) hours, whichever is less, unless the customer expressly approves in advance a greater number of hours. 5.4.1 Overnight lodging only will be payable by DPI when DPI determines and expressly approves, in advance, the need for overnight lodging. 5.4.2 Costs for overhead/ administration, meals, or transportation (other than travel-time) are not authorized under this contract and shall be the responsibility of the Contractor. 5.5 The Contractor shall not invoice for the cancellation of scheduled services if the customer provides reasonable notification of cancellation. Services for three (3) or more consecutive days may be canceled five (5) full days’ prior to the scheduled service without being charged for service time. For shorter term service, Contractors have established a contractual minimum number of hours of advance notice for cancellation prior to a scheduled job on the Cost Sheet for this bid, after “Short Notice Cancellation”. Additionally, Contractors have indicated maximum hours of service that would be billed if an appointment is canceled, if the Contractor offers such a limit. 5.6 Ordering, Invoicing and Payment: 5.6.1 Purchase Orders may be used for the services on this contract. Individual or “Blanket” orders may be issued covering an estimated amount for a fiscal year, with individual sub-orders placed by e-mail or fax following any pre-arrangements. Orders may be issued for direct billing without pre-use purchase orders when Contractors agree; but all scheduled services should be confirmed in writing between the Contractor and the ordering agency. This confirmation must include name of interpreter(s), time, date and location of appointment, and billing address. E-mail confirmation may count as a confirmation in writing. Confirmation via TTY, including printing TTY, will not count as a written confirmation and should be supplemented by a fax, e-mail or regular mail confirmation. 5.6.2 Invoicing for DPI orders: An original, itemized invoice shall be sent to the billing address given with the order or the address indicated on the purchase order. DPI will not process payment without a duly authorized original invoice. The Contractor's invoice shall not exceed the hourly rate bid for actual interpreting activity and /or travel time. All invoices and statements must include a Purchase Order number or reference to the written communication establishing the order. th Contractor shall, by the 5 of the month, or as agreed in the contract, submit an itemized statement showing all charges to the WSD business office. This should not include charges for any non-DPI services on the contract. The Department of Instruction is not responsible for expenses incurred by other agencies or other government entities. 5.6.3 Contractor(s) shall adhere to other reasonable processing guidelines that may be expressed by DPI during the life of the contract. Billing for services to non-DPI entities shall follow standard accepted business practices or shall be as specified by the entity ordering the services. 5.6.5 This contract does not require the Contractor(s) to offer credit card use. It is not expected that DPI users will use a credit card for payment. Contractor(s) may offer the use of credit card purchases to customers using this contract, at its option. No payments shall be authorized prior to the performance of services. 5.7 When assigning employees to service on this contract, Contractor(s) will assign staff that are qualified and competent to perform the functions of the assignments, in accordance with the specifications and provisions of this contract. The State reserves the right to request resumes or demonstration of skill, as well as proof of certification for any service provider. 5.8 Contractor(s) are responsible for all employee supervision, benefits and required employer’s insurance for its employees. Contractors will supply customers with contact information for any supervision issues. 5.9 The State reserves the right to request reassignment or substitution from use on this contract of any interpreting provider that does not meet the standards of performance of the assignment, or who is otherwise unacceptable to the user. The State likewise reserves the right of approval of any substitution or subsequent assignment. 6.0 TERMS AND CONDITIONS: Failure of the Contractor to accept these obligations in a contractual agreement may result in cancellation of the award. SPECIAL TERMS AND CONDITIONS 6.1 CANCELLATION AND TERMINATION: The State reserves the right to cancel the resulting contract/agreement for any reason, or terminate for breach of contract, by giving written notice to the Contractor of such cancellation or termination and specifying the effective date thereof, at least ten (10) days before the effective date of such cancellation. The Contractor shall, in the event of such cancellation, be entitled to receive compensation for any work accepted hereunder in accordance with the State's order(s). The Contractor may also be compensated for partially completed work in the event of such cancellation. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the State, times the corresponding payment for completion of such work as set forth in the State's order(s). Upon cancellation, termination or other expiration of the resulting contract/agreement, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of the contract/agreement. In addition, each party will assist the other party in the orderly termination of this contract/agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party. 6.2 MODIFICATIONS OF CONTRACT: Any alterations made to this contract must be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original request for bids or in excess of allowable and accepted price changes shall be made. 6.3 FIRM PRICES: The prices established in this contract shall remain fixed throughout each full year contract period. No additional costs, other than overnight lodging reimbursement and the possible fuel cost surcharges listed below shall be paid by the State. Price changes for subsequent year contract renewals, if any, will be according to the following terms: If the agency and the Contractor agree to renew the contract, the Contractor may be eligible to receive an inflationary adjustment to its rate(s) at the start of the next contract period. Any requested increase will not exceed the rate of increase in the Consumer Price Index for Urban Wage Earners (CPI-U) for related professional services in US cities from the month the contract is executed through the month of the requested increase, or documented “industry-wide” increases. These provisions do not bind the Contractor or the State to any increase. The Department reserves the right to negotiate price in the best interest of the State. In addition, a Contractor’s Travel Time rate may be adjusted if the average cost of automobile gasoline, as listed on the federal EIA fuel information website for the Midwest on the week of the trip, exceeds $3.40/gallon. This site is found at: http://www.eia.doe.gov/oil_gas/petroleum/data_publications/wrgp/mogas_home_page.html For each $.10 per gallon increase over $3.40/gallon, no more than $.20 may be added per each hour of travel time. Increments of less than $.10 per gallon will not be used. This amount may be negotiated with mutual agreement between the state and the contractor. Time incurred shall be in accordance with section 5.3 of this document. 6.4 PRIME CONTRACTOR AND MINORITY BUSINESS SUBCONTRACTORS: The prime contractor will be responsible for contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the proposer must clearly explain their participation. The State of Wisconsin’s policy provides that minority owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. The awarded vendor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority owned business enterprises, or by using such enterprises to provide goods and services incidental to this requested service or contract, with a goal of awarding at least 5% of the award amount of this request for bid/proposal to such enterprises. Upon request the awarded vendor shall furnish a subcontracting plan of action indicating appropriate information about its effort to achieve this goal, including identities of such enterprises certified by the Wisconsin Department of Commerce and their subcontract amount. The Department of Administration will require from the successful contractor a quarterly report of amounts spent with certified minority business enterprises. A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of Minority Business Program (608) 267-7806. The list is published on the Internet at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp 6.5 NON-DISCRIMINATION AND AFFIRMATIVE ACTION: Wisconsin law prohibits discrimination in the workplace and requires the submittal of Affirmative Action Plans in some cases. As a State agency, the Department of Public Instruction must require contractors with more than 25 employees who are issued a purchase order exceeding $25,000 to provide an Affirmative Action Plan, if they do not have a current plan on file with the State. Failure to comply appropriately with these requirements can lead to the company being ineligible to do business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. 6.6 TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX: The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66 Wis. Stats., and related statutes regarding certification for collection of sales and use tax as noted in 15.0 of the Standard Terms and Conditions. The State of Wisconsin is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchase except Wisconsin excise taxes as defined in 12.0 of the Standard Terms and Conditions. The Department of Revenue maintains a list of vendors ineligible for State contracts due to this non-compliance. 6.7 WISCONSIN’S COOPERATIVE PURCHASING SERVICES: Services may, at the option of the contractor, be made available to authorized municipal users other than State of Wisconsin. See DOA-3333, Wisconsin’s Cooperative Purchasing Services, for definitions and other information on authorized users. If agreed, users must be able to obtain the equipment and services procured under this contract at the same rates agreed to by the State and the contractor. The contractor shall be responsible for determining the status of potential authorized users and supplying the State with documentation and support if requested. 6.8 LIQUIDATED DAMAGES: Both parties acknowledge that it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the contract. Because of that, the Contractor acknowledges that for the contract resulting from this bid, it will negotiate liquidated damages, as required by the State, for the contract. The contractor agrees that the agency shall have the right to liquidate such damages, through deduction from the contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the contractor. 6.9 ORDER OF PRECEDENCE: Unless agreed to in writing by both parties, the following order of precedence shall be followed in the use of and resolution of any conflicts within the performance of this contract: 1. Signed Purchase Orders or written order communications. 2. Signed Contract, with Attachment A, and any modifications as mutually agreed in writing. 3. Request for Bid # PA8-50079 and any attachments and/or amendments. 4. Contractor bid response and clarification answers, as accepted by the State.. Wisconsin Department of Administration DOA-3054 (R10/2005) Ch. 16, 19, 51, Wis. Stats. Page 1 of 3 Standard Terms And Conditions (Request for Bids / Proposals) 1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and 7.0 UNFAIR SALES ACT: Prices quoted to the State of model numbers are used, they are to establish a design, Wisconsin are not governed by the Unfair Sales Act. type of construction, quality, functional capability and/or performance level desired. When alternates are 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin bid/proposed, they must be identified by manufacturer, stock reserves the right to accept or reject any or all number, and such other information necessary to establish bids/proposals, to waive any technicality in any bid/proposal equivalency. The State of Wisconsin shall be the sole judge submitted, and to accept any part of a bid/proposal as of equivalency. Bidders/proposers are cautioned to avoid deemed to be in the best interests of the State of bidding alternates to the specifications which may result in Wisconsin. rejection of their bid/proposal. Bids/proposals MUST be date and time stamped by the 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep- soliciting purchasing office on or before the date and time tions from original text, terms, conditions, or specifications that the bid/proposal is due. Bids/proposals date and time shall be described fully, on the bidder's/proposer's letter- stamped in another office will be rejected. Receipt of a head, signed, and attached to the request. In the absence bid/proposal by the mail system does not constitute receipt of such statement, the bid/proposal shall be accepted as in of a bid/proposal by the purchasing office. strict compliance with all terms, conditions, and specifica- tions and the bidders/proposers shall be held liable. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, 10.0 ORDERING: Purchase orders or releases via purchasing demonstrators, obsolete, seconds, or which have been cards shall be placed directly to the contractor by an discontinued are unacceptable without prior written approval authorized agency. No other purchase orders are by the State of Wisconsin. authorized. 4.0 QUANTITIES: The quantities shown on this request are 11.0 PAYMENT TERMS AND INVOICING: The State of based on estimated needs. The state reserves the right to Wisconsin normally will pay properly submitted vendor increase or decrease quantities to meet actual needs. invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight and accepted as specified. prepaid and included unless otherwise specified. Invoices presented for payment must be submitted in 6.0 PRICING AND DISCOUNT: The State of Wisconsin quali- accordance with instructions contained on the purchase fies for governmental discounts and its educational institu- order including reference to purchase order number and tions also qualify for educational discounts. Unit prices shall submittal to the correct address for processing. reflect these discounts. A good faith dispute creates an exception to prompt 6.1 Unit prices shown on the bid/proposal or contract payment. shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any 12.0 TAXES: The State of Wisconsin and its agencies are given item, the quantity multiplied by the unit price exempt from payment of all federal tax and Wisconsin state shall establish the extended price, the unit price shall and local taxes on its purchases except Wisconsin excise govern in the bid/proposal evaluation and contract taxes as described below. administration. The State of Wisconsin, including all its agencies, is 6.2 Prices established in continuing agreements and required to pay the Wisconsin excise or occupation tax on term contracts may be lowered due to general market its purchase of beer, liquor, wine, cigarettes, tobacco conditions, but prices shall not be subject to increase products, motor vehicle fuel and general aviation fuel. for ninety (90) calendar days from the date of award. However, it is exempt from payment of Wisconsin sales or Any increase proposed shall be submitted to the use tax on its purchases. The State of Wisconsin may be contracting agency thirty (30) calendar days before subject to other states' taxes on its purchases in that state the proposed effective date of the price increase, and depending on the laws of that state. Contractors perform- shall be limited to fully documented cost increases to ing construction activities are required to pay state use tax the contractor which are demonstrated to be industry- on the cost of materials. wide. The conditions under which price increases may be granted shall be expressed in bid/proposal 13.0 GUARANTEED DELIVERY: Failure of the contractor to documents and contracts or agreements. adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable 6.3 In determination of award, discounts for early for all costs in excess of the contract price when alternate payment will only be considered when all other con- procurement is necessary. Excess costs shall include the ditions are equal and when payment terms allow at administrative costs. least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). DOA-3054 Page 3 of 3 14.0 ENTIRE AGREEMENT: These Standard Terms and awarded, the contractor must submit the plan to the Conditions shall apply to any contract or order awarded as contracting state agency for approval. Instructions a result of this request except where special requirements on preparing the plan and technical assistance are stated elsewhere in the request; in such cases, the regarding this clause are available from the special requirements shall apply. Further, the written contracting state agency. contract and/or order with referenced parts and attach- ments shall constitute the entire agreement and no other 19.2 The contractor agrees to post in conspicuous places, terms and conditions in any document, acceptance, or available for employees and applicants for employ- acknowledgment shall be effective or binding unless ment, a notice to be provided by the contracting state expressly agreed to in writing by the contracting authority. agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 15.0 APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at 19.3 Failure to comply with the conditions of this clause all times comply with and observe all federal and state may result in the contractor's becoming declared an laws, local laws, ordinances, and regulations which are in "ineligible" contractor, termination of the contract, or effect during the period of this contract and which in any withholding of payment. manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the 20.0 PATENT INFRINGEMENT: The contractor selling to the contractor fails to follow the requirements of s. 77.66, Wis. State of Wisconsin the articles described herein guarantees Stats., and related statutes regarding certification for the articles were manufactured or produced in accordance collection of sales and use tax. The State of Wisconsin with applicable federal labor laws. Further, that the sale or also reserves the right to cancel this contract with any use of the articles described herein will not infringe any federally debarred contractor or a contractor that is United States patent. The contractor covenants that it will presently identified on the list of parties excluded from at its own expense defend every suit which shall be brought federal procurement and non-procurement contracts. against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers 16.0 ANTITRUST ASSIGNMENT: The contractor and the State therein are delivered to it) for any alleged infringement of of Wisconsin recognize that in actual economic practice, any patent by reason of the sale or use of such articles, and overcharges resulting from antitrust violations are in fact agrees that it will pay all costs, damages, and profits recov- usually borne by the State of Wisconsin (purchaser). erable in any such suit. Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to 21.0 SAFETY REQUIREMENTS: All materials, equipment, and goods, materials or services purchased in connection with supplies provided to the State of Wisconsin must comply this contract. fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA 17.0 ASSIGNMENT: No right or duty in whole or in part of the Standards. contractor under this contract may be assigned or dele- gated without the prior written consent of the State of 22.0 WARRANTY: Unless otherwise specifically stated by the Wisconsin. bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the 18.0 WORK CENTER CRITERIA: A work center must be certi- bidder/proposer for one (1) year from date of receipt. The fied under s. 16.752, Wis. Stats., and must ensure that equipment manufacturer's standard warranty shall apply as when engaged in the production of materials, supplies or a minimum and must be honored by the contractor. equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of 23.0 INSURANCE RESPONSIBILITY: The contractor perform- direct labor are performed by severely handicapped ing services for the State of Wisconsin shall: individuals. 23.1 Maintain worker's compensation insurance as 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In required by Wisconsin Statutes, for all employees connection with the performance of work under this engaged in the work. contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, 23.2 Maintain commercial liability, bodily injury and prop- race, religion, color, handicap, sex, physical condition, erty damage insurance against any claim(s) which developmental disability as defined in s. 51.01(5), Wis. might occur in carrying out this agreement/contract. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Minimum coverage shall be one million dollars Stats., or national origin. This provision shall include, but ($1,000,000) liability for bodily injury and property not be limited to, the following: employment, upgrading, damage including products liability and completed demotion or transfer; recruitment or recruitment advertising; operations. Provide motor vehicle insurance for all layoff or termination; rates of pay or other forms of owned, non-owned and hired vehicles that are used compensation; and selection for training, including appren- in carrying out this contract. Minimum coverage shall ticeship. Except with respect to sexual orientation, the be one million dollars ($1,000,000) per occurrence contractor further agrees to take affirmative action to combined single limit for automobile liability and ensure equal employment opportunities. property damage. 19.1 Contracts estimated to be over twenty-five thousand 23.3 The state reserves the right to require higher or lower dollars ($25,000) require the submission of a written limits where warranted. affirmative action plan by the contractor. An exemp- tion occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is DOA-3054 Page 3 of 3 24.0 CANCELLATION: The State of Wisconsin reserves the Bidders are encouraged to bid products with recycled right to cancel any contract in whole or in part without content which meet specifications. penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifica- 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an tions of this contract. order(s) resulting from this award(s) is a hazardous chemi- 25.0 VENDOR TAX DELINQUENCY: Vendors who have a cal, as defined under 29CFR 1910.1200, provide one (1) delinquent Wisconsin tax liability may have their payments copy of a Material Safety Data Sheet for each item with the offset by the State of Wisconsin. shipped container(s) and one (1) copy with the invoice(s). 26.0 PUBLIC RECORDS ACCESS: It is the intention of the 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: state to maintain an open and public process in the solicita- Reference to or use of the State of Wisconsin, any of its tion, submission, review, and approval of procurement departments, agencies or other sub-units, or any state offi- activities. cial or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be Bid/proposal openings are public unless otherwise speci- made without prior approval of the State of Wisconsin. fied. Records may not be available for public inspection Release of broadcast e-mails pertaining to this procurement prior to issuance of the notice of intent to award or the shall not be made without prior written authorization of the award of the contract. contracting agency. 27.0 PROPRIETARY INFORMATION: Any restrictions on the 32.0 HOLD HARMLESS: The contractor will indemnify and use of data contained within a request, must be clearly save harmless the State of Wisconsin and all of its officers, stated in the bid/proposal itself. Proprietary information agents and employees from all suits, actions, or claims of submitted in response to a request will be handled in any character brought for or on account of any injuries or accordance with applicable State of Wisconsin procurement damages received by any persons or property resulting regulations and the Wisconsin public records law. Proprie- from the operations of the contractor, or of any of its tary restrictions normally are not accepted. However, when contractors, in prosecuting work under this agreement. accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which 27.1 Data contained in a bid/proposal, all documentation becomes a party to this Agreement is required to conform provided therein, and innovations developed as a to all the requirements of Chapter 180, Wis. Stats., relating result of the contracted commodities or services to a foreign corporation and must possess a certificate of cannot be copyrighted or patented. All data, docu- authority from the Wisconsin Department of Financial mentation, and innovations become the property of Institutions, unless the corporation is transacting business the State of Wisconsin. in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any 27.2 Any material submitted by the vendor in response to foreign corporation which desires to apply for a certificate of this request that the vendor considers confidential authority should contact the Department of Financial and proprietary information and which qualifies as a Institutions, Division of Corporation, P. O. Box 7846, trade secret, as provided in s. 19.36(5), Wis. Stats., Madison, WI 53707-7846; telephone (608) 267-7577. or material which can be kept confidential under the Wisconsin public records law, must be identified on a 34.0 WORK CENTER PROGRAM: The successful Designation of Confidential and Proprietary Informa- bidder/proposer shall agree to implement processes that tion form (DOA-3027). Bidders/proposers may allow the State agencies, including the University of request the form if it is not part of the Request for Wisconsin System, to satisfy the State's obligation to Bid/Request for Proposal package. Bid/proposal purchase goods and services produced by work centers prices cannot be held confidential. certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer 28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. to include products provided by work centers in its catalog Stats.), a member of a state public official's immediate for State agencies and campuses or to block the sale of family, or any organization in which a state public official or comparable items to State agencies and campuses. a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, 35.0 FORCE MAJEURE: Neither party shall be in default by and if this agreement involves payment of more than three reason of any failure in performance of this Agreement in thousand dollars ($3,000) within a twelve (12) month accordance with reasonable control and without fault or period, this contract is voidable by the state unless appro- negligence on their part. Such causes may include, but are priate disclosure is made according to s. 19.45(6), Wis. not restricted to, acts of nature or the public enemy, acts of Stats., before signing the contract. Disclosure must be the government in either its sovereign or contractual made to the State of Wisconsin Ethics Board, 44 East capacity, fires, floods, epidemics, quarantine restrictions, Mifflin Street, Suite 601, Madison, Wisconsin 53703 strikes, freight embargoes and unusually severe weather, (Telephone 608-266-8123). but in every case the failure to perform such must be beyond the reasonable control and without the fault or State classified and former employees and certain negligence of the party. University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled mate- rials whenever technically and economically feasible. State of Wisconsin Division of Agency Services Department of Administration Bureau of Procurement DOA-3681 (01/2001) ss. 16, 19 and 51, Wis. Stats. Supplemental Standard Terms and Conditions for Procurements for Services 1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The con- 3.2 Contractors shall agree as part of the contract for tents of the bid/proposal of the successful contractor will services that during performance of the contract, the become contractual obligations if procurement action ensues. contractor will neither provide contractual services nor enter into any agreement to provide services to a 2.0 CERTIFICATION OF INDEPENDENT PRICE person or organization that is regulated or funded by DETERMINATION: By signing this bid/proposal, the the contracting agency or has interests that are bidder/proposer certifies, and in the case of a joint adverse to the contracting agency. The Department bid/proposal, each party thereto certifies as to its own organi- of Administration may waive this provision, in writing, if zation, that in connection with this procurement: those activities of the contractor will not be adverse to the interests of the state. 2.1 The prices in this bid/proposal have been arrived at independently, without consultation, communication, 4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., or agreement, for the purpose of restricting competi- prohibits an individual who is a State of Wisconsin employee tion, as to any matter relating to such prices with any or who is retained as a contractor full-time by a State of other bidder/proposer or with any competitor; Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the 2.2 Unless otherwise required by law, the prices which individual receives more than $12,000 as compensation for have been quoted in this bid/proposal have not been the individual’s services during the same year. This knowingly disclosed by the bidder/proposer and will prohibition does not apply to individuals who have full-time not knowingly be disclosed by the bidder/proposer appointments for less than twelve (12) months during any prior to opening in the case of an advertised procure- period of time that is not included in the appointment. It does ment or prior to award in the case of a negotiated not include corporations or partnerships. procurement, directly or indirectly to any other bidder/proposer or to any competitor; and 5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of 2.3 No attempt has been made or will be made by the Wisconsin, including any department, commission or board bidder/proposer to induce any other person or firm to thereof, to provide services relating to this agreement without submit or not to submit a bid/proposal for the purpose the written consent of the employing agency of such person of restricting competition. or persons and of the contracting agency. 2.4 Each person signing this bid/proposal certifies that: 6.0 CONFLICT OF INTEREST: Private and non-profit corpora- He/she is the person in the bidder's/proposer's organi- tions are bound by ss. 180.0831, 180.1911(1), and 181.0831 zation responsible within that organization for the Wis. Stats., regarding conflicts of interests by directors in the decision as to the prices being offered herein and that conduct of state contracts. he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) 7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of He/she is not the person in the bidder's/proposer's all expenditures incurred under the contract. All records must organization responsible within that organization for be kept in accordance with generally accepted accounting the decision as to the prices being offered herein, but procedures. All procedures must be in accordance with that he/she has been authorized in writing to act as federal, state and local ordinances. agent for the persons responsible for such decisions in certifying that such persons have not participated, The contracting agency shall have the right to audit, review, and will not participate in any action contrary to 2.1 examine, copy, and transcribe any pertinent records or through 2.3 above, and as their agent does hereby so documents relating to any contract resulting from this certify; and he/she has not participated, and will not bid/proposal held by the contractor. The contractor will retain participate, in any action contrary to 2.1 through 2.3 all documents applicable to the contract for a period of not above. less than three (3) years after final payment is made. 3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, 3.1 Prior to award of any contract, a potential contractor and employees, in the performance of this agreement shall shall certify in writing to the procuring agency that no act in the capacity of an independent contractor and not as relationship exists between the potential contractor an officer, employee, or agent of the state. The contractor and the procuring or contracting agency that interferes agrees to take such steps as may be necessary to ensure with fair competition or is a conflict of interest, and no that each subcontractor of the contractor will be deemed to relationship exists between the contractor and another be an independent contractor and will not be considered or person or organization that constitutes a conflict of permitted to be an agent, servant, joint venturer, or partner of interest with respect to a state contract. The the state. Department of Administration may waive this provi- sion, in writing, if those activities of the potential con- tractor will not be adverse to the interests of the state. PIGGYBACKING DATA CONTRACT NO. PA08-50079 COMMODITY/SERVICE: Sign Language Interpretation Services ORIGINATING AGENCY: Consolidated Agency Purchasing Services, State Bureau of Procurement, on behalf of: the Department of Public instruction. ORIGINATING PURCHASING AGENT: Maralee Thomas; Maralee.Thomas@wisconsin.gov TELEPHONE NUMBER: 608-266-8953 COMMODITY CODE: 96167 BRIEF DESCRIPTION OF CONTRACT: Sign language interpretation from and to spoken English for certification levels NIC, NIC Advanced, NIC Master, CI, CT, CDI-P, CDI, CSC, MCSC, RSC, OTC, OIC:C, OIC:S/V, OIC:V/S, IC/TC, IC, TC, CLIP, CLIP-R, SC:L, Prov.SC:L, SC:PA, Ed:K-12, NAD, IV-V. CONTRACT EFFECTIVE DATES: 10/11/2007 to 10/10/2008, and to 10/10/2010 unless cancelled. RENEWAL OPTIONS: Two One-year renewals after 10/2008; renewal exercise is automatic unless cancelled. RFB/RFP NUMBER: PA08-50079 RFB/RFP DUE DATE: 09/06/2007 NUMBER OF BIDS/RFPS RECEIVED: 4 DATE OF AWARD: 10/11/2007 PROTESTS? None IF YES, FILED BY: N/A BRIEF DESCRIPTION OF PROTESTS: N/A LIST ALL VENDORS ON CONTRACT INCLUDING FEDERAL EMPLOYER IDENTIFICATION NUMBERS, ADDRESSES AND TELEPHONE NUMBERS: SEE CONTRACT ATTACHMENT A ABOVE FOR FULL INFORMATION.
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