HomeMy WebLinkAboutTELELANGUAGE INC - CONTRACT - RFP - 7451 TRANSLATION SERVICES-SERVICESAGREEMENT
TH18 AGREEMENT made.anden'fer-ed:in-to the day and I year se . t forth orth below by and
between THE CITY OF FORT COILLIN - S, COLO.RAIPb, a M Unido i A I Cc irobratidh 14 , erejh6f . ter
referred to as the 'Cityn and Telelangyage, Inc., hereinafter referred to ass",Sqrvice Provider
WITNESSETH:
In consideration of the mutual I covenants and obligations heiein expressed,'it'i s. agreed
by and between Ahb parties heroto-as,folbWs:
1. Scope of Services.., theService Provider, agrees to provide services in
accordance with the scope of servicesattached hereto as Ex ibif "A", consisting of two (2)
pagess, and. -incorporated:her6ih,by this reference..
2. Contract Period. This Adrdembrit shall commence February 15 2013, and
shal I continue in . full force and effect . until. February 14, 2614, unless, sooner terminated as
A
herein provided: In addition, ait1he option of the City,:the:A reement may be -extended for
additional one year periods no I t to exceed four -(4) additional one yqar-periods. Ren6wals-qfid
pricing changes shall. be negotiated by and agreed to by both -parties. The Denver Boulder
Greeley'CPIU!published .by the Colorado Staite"Olanning and"BUdg,et Office will be Used as a
guide. Written notice of renewal shafl,be-provided to the ,Seance Provid6r and mailed no later
than ninetT,(90) days prior,to contract end.
3. If dithe'Y party is ''Prevented in whole or in part from perf6rrnhqg its
obligations by unforeseeable causes, beyond ,its reOsoriable,,cori control, and without itsfaultor
negligence, then the party so prevented shall be excused f rom: whatever performance- is
prevented by such cause. Tothe extent that 'the'performance is actually preven'ted,thei.Service
,Provider must -provide written notice 46 the City of such condition within fift teen (15) ,days,
tfie,onset of such condition.
4. Early Termination by CitAotibe. NotWithstaridir g the time periods eriods contained
herein the :City may terminate this AgreernenVat anytime wfth6u!''6auise •by providing in— written
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Sdrvice Agre6rnent'With Red'Flus & Confidentiality
7 i Translation
:n S'ervices 0666 1 of 13
45 Tan
5. -Implementation
'Service Provider shall assist City with implementing the services it providesto the City
.including training City personnel about howAo use telephonic interpretation services,
notices, posters, web tutorials, language identification tools at no additional cost 'beyond that
described in Exhibit B and as outlined in the RFP proposal Service;Providei submi_tted tothe
'City, dated December 10, 2012.
Service Agreement with Red Flags & Confidentiality
745 'Translation Services Page 10 of 13
EXHIBIT B
COMPENSATION
Telebhonic Interpretation
Spanish $0 9&rri n
Ali Othdf Languages $1 M/min.
Unguaae Proficiency
Screening; Evaluation and/or Testing $75.00 per person
Written Translation
Translation Rates
Lan `thi ePer Word Minimum fang ua a Per Word '.Minimum:'.
I
.50
Cam6odlan
3 W.30
S 37s50
Arabia: S 430 $ 37
Atgtian..
Pardon (Oari)
Aliianian
$` 0.28
S id.100
Anitiane
S 0 32
S ` . 40.00
Armenian
S. 0.26
S 32.50
Bosnian
$ 0.26
S' 3250
Bulgarian
$ 0.30
Chamorro
$ „0.36
$ 45.00
Czech
$ O.30
$ ;32.50
Dutch_
$ .-0.28
S
Fstor nn
French .
$ 0l24
$ " 30.00
German
S, O.26
$ 32.50
Greek '
S 0.26
$ 32:56
Hebrew
Hindi
$ "0.32
$' 40:00
Hmorig
S 0.30
S 37:50
Hungarian
$ -0.26
S' 4Z50
Indonesian ..
S. 0.34
S 42A6
ealian`
s 4.26
$ '~32ao
Service Agreement with Red :Flags & Confidentiality
7451_Transiation Services
Japaneses
S 14.30
S- "' 3T.50
Litt uanlan
S ;6.2e
$ s5.00
Mien -
S 0.30
S ` ' 32.50
Norwegian
S i , • `0.26
S : 32 50
Worn0
IS ,:0.32
S _ ^40:00
Pashtu
S .'..0.32
S,; =40.00
P.erslan
S ,,-0.32
S,' 3750
Polish.
S 0.28
$ :32.50
Portuguese" :
S ' . 0.26
$1', 32.50
Punjabi
$ 0.32
$: ` 40.00
Samoan .,
$,. 0.32
S 40.00
Swedish
# 0.28
S,'-,, '32.50
Ta` slog
S', 6.30
S" 4260
0.36
$ 45:00
Tibetan :;
$ 406
$ 45 00
Tlgiinla
$ 0:32
S ' •45500
Thai.
S.. _ - 0.30
8' .37.50
Tigre
S _ 0.36
S =A5 00
Trukese
S 0:36
S 45.00
Turkish '. .;
$ 0.30
$' 37.S-,
"0:30
$ 37.50
Ukranfan.
$ ..-',0.24
S «30.00
Wr'6
S -0.36
$ ,, , . 4S.00
AWdi iers,
s 0.36
$': 45.00
Additional Semites: ,_ '
Rush' :, Add'20%-s .-
Tac661' Add 20%
Prooheadin , _ $50 / flour
Transcnptin o550 !hour AUout 2hrs per
10}riimta
Formatting $50/) OUf a y aflu e, `
t. tianslatao
a�i`aa
Page ,11 of 13
EXHIBIT: B
INSURANCE REQUIREMENTS
1. The Service Provider.will provide, from insurance companies'"acceptable to the' City, the;
insurance coverage designated hereinafter and pay all:costs. 3efore;commencing work under.
thisa id, tfte Service Provider shall furnish the City with.certificates of insurance sho,wing`the
type; -amount, class of operations covered, effective dates and date of -expiration of policies, and
containing substantially the'fotlowing statement:
"The:insurance evidenced_bythis Certificate will:not be cancelled or materially;altere'd,
except after ten i f dj days written notice -has ;been.received bythe'City of`Fort Collins:"
_
}
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's',Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service''Provider's employees
engaged in work performed under this agreement:
1. Workers`Compensation insurance with ;statutory limits as required by
'Colorado law.--'
2. Employer's Liabilityinsurance with limits'of $i l)0;000 per accideni,
$500,000 disease aggregate, and $100 OOO.disease each employee:
B. Commercial General &'Vehicld-Liability, The Service Provider shall maintain
during the Irfe of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for�damage claims of personal injury, including _
:accidental death, as well as;for claims for property damage, which may arise directly or
indirectly fron tithe pe,dormance of work under this Agreement: Coverage for property
damage shaltaeon a °broad form° basis The'amount-of insurance for each coverage;
Commercial General and Vehicle; shall not be'-iet; ':iian`$500 000 combined single limits
forbodily injury and property damage;
'In the event any work is performed'by a subcontracior,`ihe Service Provider shall be
responsible for any liability directly" or,indirectly,:arising out of the work performed under`
this Agreement , ya subcontractor, which liability is' not covered bytheaubcontractor s
.,
insurance.
Service Aq(eemerit with Red Flags`& Confidentiality
7451 Translation Services Page'12 of 13
EXNIBi IC
CONFIDENTIALITY
pursuant to
it'has beem
t an . Mg of.
:certain information, data and material (herelriafter, individually and
iture, referred to; as "rnforrnation ,)' that are,the propertyof and/or
ployees; ;customers or suppliers; which, access =is related to the
the Service Provider has'agYeed to perform, the Service" Provider
jreesas follows: '
That information that has or will come into• its` possession or knowledge in connection with the,
performance of s1. ervices for the City may "tie confidential and/or proprietary The Service:
Provider agrees to treat as confidential (a) ,all mformahon that is owned by the City, or that
relates to'the.business of the - ity , or''that is used by the City in carrymg,on business, and (L jp
all information that is- proprietaryto a third party (including but not limitetl ,to customers and
suppliers of the City) The ryService--Provider shall not disclose any such information to any`
person not havirig a fegdimpte needto know for purposes au'thor¢ed'jby th' City Further, the
Service ProVidewshall not use suchnformation to obtain any economic or other benefit for itself;.
or any third, party; except -s specifically autfiorized'by the City: , i
The foregoing to the contr"ary notwithstanding, the Service Provider ;understands that it, shall
have no`otiligation under this Agreement with respect to. information and Ji aterial that, (a)
becomes generally known to the public by publication or some means other ahan a ir" f
duty; of this Agreement, or '(b) is required by law, regulation or ,court order t be°disclosed,
provided, that -the request for such disclosure is proper and,the disclosure does not exceed that
which is required. I,hthe event of any disclosurnd e uer (b) above;. the Service Provider,shall`
furnish a copy of this Agreement'to anyone towhom it is required to make such disclosure and
shall'pr`omptly advise�the City"in wntmg of each such disclosure. `
'In the event4hat,the Service;.'Provider ceases to, perform services'for the City, or the City so'
requests for,any reason, the Service Provider shall promptly return to the City any and all
mformat�on described hereinabove, including all copies, notes and/or summaries an written or,
n
mechanically produced)` thereof, in jtp, possession. or control > as"�to which itother`wise .has;
access.
notice of termination to the Service Provider. Such:notice shall 66 delivered at least fifteen (15)
days to the termination diiie contained in said notice unless' otherwise agreed in: writing b'
YS erw g _Ad w g y
the parties: All notices provided under der this Agrberfients4all be effective Wh66 mail6dj postage
prepaid and sent , tb,thefoll'owing-,6,ddressles:-
Provider:
Service Pn6videi:
City:*
With Copy to:
- e, .. Inc.
T6161angua
City of Fort Collins
C 6tFort Collins
Attn: Miriam"Ludlow
Attn:. jenny LopezwFilkihs
Xttyn., I Purchasing Dept.
514 SWV'' Ave., OF[=
PO Box 580
PO'Boi 580.
Portland, -OR 97204
Fort'CoAlihs, C0,80529
Fdrt'Co'llins,.CO. 80522
In the event of early termination.:by the, City, the Service Provider; shall be paid for services
rendered to the date of termination, subject only, to the satisfactory' performance of'the'Service
Provider's 'obligations under this Agreement. Such payment- shall be the,ServiceNovider's sole
.right and remedy for such termination.
5. Contract Sum. The, City Shall pal(ihe, Service provider, for the performance of 4his
Contract; -subject to additions and deletions' provided herein, per" the attached Ekhibit W
,consisting of one (1) page', and incorporated herdinby this -reference;
6. City Representative. The City. will designate';' prior' to commencement of the
work-, its representative Who shall make; within the scope of"his or her autfio"ritvi all necessary
i
and prooe rdecisions with reference to the, se rvices,proVided,u hder.tfiis agreement. All requests
doncbrning'this agreement shall be directed to the City'Represeritative.
7., IndeOendent,S6rvi&6'b'r6Vider Th-eservices tobeperformed bvServi6e--ProVidd-r
are'.those ofan independent service provider and not,of,an emplo ee;of the.Qity pf,Fort Collins.
The City shall not be resoomible4dr Withholding any portion of'S6rvice Provider's compensation
hereunder for the payment of FICA, Wioirkmen'6 ddmoeinsaiiom,oi other laxes -orbeh& its or "for
anyjqther<oprpose.
8. Personal Services. It is understood t . hat the City enters into the Agreement
based on the special abilities of the Service Provider and th6t4is Agreiem(e,�nit shall' be
considered ." as An agreement for' personal services. "Accordingly; 'the Service Provider shall
-Service Agreement with Red %p & Confid6ritiality
7451 trariglaiton Services Page 26f 13
neither assign any responsibilities-rior delegate any duties arising under the A re6rrfbnt without
the prior -wiiften,cohsent of the City.;
9. A6ceOtah66. Not Waiver. The Citys ap
proval or acceptance of, or payment for
any of the services shall not be construed ,to ,operate as, a waiver. of any rights or benefits,
of p,p qrmance,of this
pf6vidd&to the'Ciun
der this Adrdemefit or cause of acton, 'a nsihgko,uVff
Agreement.
16. Warraniv.
a. Service Provider warrants that all .'work performed :hereunder er shall be
performed with the highest degree of competence and care in 'accordance With* accepted .
standards for work of a similar nature.
b. Unless ot!16Mise Ordvid6d in the Agreement, all r0aterial§ and equipment
incorporated into any work shall. be -new and, where not specified, of the most.suhable grade of
'their respective kinds for their intended use, And all workrifariship ., a sh 'll be acceptable'to City.
C. Service Providerwarrant§ all ,equi prnient, materials, labor and other Work,
i.
,provided junder thisAgireement, "except Citv-16mished materials,t dndjaboir ' eq4ip n aOainst•
defects and nonconformances in design, materials, and workmanihip%workwomanship for a
peri6d,beg inning With the start of the work and,ehdi6g t*qIv6-(12) months from and after final
acceptance uhder*the Agreement, regardless whether the same were furnished or performed - by
Service Provider 6i by any of its subcontractors of any tier. Upon receipt of Written 'notice from
City of any such ddfeict or ridnconf ofmances.the affected item ,or part thereof - - hall be
redesigned, repaired or replaced - by Service Provider in 1 manner And,eit,a time acceptable to
City,
1 t Default. Each. and every ierfti and condition herd -of shall be deemed 10 be a
material riall, element of this Agreement In. thP.,eVent either party should fail or refuse -to perform
according to the terms of this. agreement, such party y may ble�declarerd in defabIt.theie-.6f.
12. Remedies. In the event a party has been declared in d0ault,such defaulting
_Service Agreement with Red Flags,& Confidentiality,
7451 Translation S6r'v'ices Page 3 of 13
IN
party shall be alloWdd a period often (.1 0) days within which -to cufe'said default. In the event
the default remains uncorrected, the party" declari rig default may 6166i to (a) terminate the
Agreement and seek. damages; (b)r treat the: Agreement "as continuing. and req, uife specific
perfdfmAhce; or (6) avail himself of any other remedy "at law or equ'ity..'Ii:the,non-deta6iiing-party.
commences legal or,equit4ble actions aga-inst tKe'defa`Ulfihd party; ` thebdfaulting-pa� ly shall be
liable to the non -defaulting party for -the non -defaulting parry's reasonable attorney fees and
costs incurred. because Of the dejault.
-13. Binding Effect. This writing, together With the exhibits, hereto, constitutes the
entire agreement between the parties and 'shall be binding upon said parties, their officers,
employbd"s, agents and assign and shall inure" to the beri6 fit of tWirbip I ective'survivorsi heirs,
personal representatives, successors andzssigns of said parties.
14. Indemnity/Insurance.
a. . The Service Provider agrees to inde'Mnify and save harml.esslh.d City, its
officers; agents and employees against and from any and all actions, suits, claims, derrfands or
liability 6flanycharacter whaiso6'v'e'Le"br6u'cihtofasserted .for; �i'ns j b. to 6r-death of `ahy,'W 6rs6n or
persons
or damages to property arising out of result from or occurring in, connection With the'
performance of any service hereunder.
b. The Service Provider shall take all fidde§sary, precautions in performing
the wo.r,,k hereuncler-toprevent injury to persons and,propOrty,
c.-Without limitir!j any of the Se rvice Orovider'sl-6131'ibati6ns hdreunderj the
Service Provider shall provide and Maintain insurance 'coverage naming the, 'City as an
additiofieil insured Under this Ajeeemeht of the type andwith the limits . s6kified within Exhibit-Q,
consisting of one (1) page, attached hereto and incorporated herein -by this reference. The
Service Provider b6We commencing services hereunder;".,shall deliver to the City's,,Directoebf
zPtirchasing and Risk Management; P. b. 6ox-1100 Fort Collins, Col6rado'86522,oh-e c.opy,pl,Ek
certificate evidericingithe insurance rance coveraa& �ecluired fr6im an insurance cbrripariq acceptable
&L Q6nf - iali
Service Agreement with Red FlagS ident.
7451 transiation Services Page -4 of 13
to the City.
;TS: Entire Agreement: This Agreement; along with all Exhill,bits and otherdocuments
incorporated herein -shall constitute the entire Agreement. of 4he parties:. Covenants or
representations not contained to this'Agreement shalt not"lie bintlin`g on the parties.,
1.6: Law/Severability. 'The laws of,the State of Colorado shal(goverri the'construction
ante-fioretation, execution and ;enforcement of this Agreement. In th'e,'event any provision of this
-Agreement shall be. held invalid or unenforceable by 'any court of competent funsdiction; such,
holding shall not inJalidate or render un6m6rceable.any other";provision' of this Agreement:,
j
17: ProhibitionAgainst Emblovinq =Illegal -Aliens Pursuant ;to: Section 8=17;5=101,
C.R:S , et .seq , Service Provider represents'and agrees that:.
a. As of the�d'ate of this Agreement:
1. Service Provider does not knowin , y:employ or contract with an illegal
alien who will perform work under this Agreement; and
• 2 Service Provider wilt participate to either the e=Verify program created
.,
in Rubliclaw..26b. 164th Congress, as amended, and expanded in Public Law 156, 1,08th
:Congress, as amended, administered by the United States>Departm nt;of Homeland'Security
(the "6 erify Program") orthe 'Deparfinent Program (fhe "Department,Program"), an
employment verification program established pursuant to Section B 17 5 102(5)(6) C R;S. in
.order to confirm,the employment ehgi5ility, of all newly:,hired emplpyPesjo perform work under
this Agreement.
b: Service Provider'shall not knowingly employ or contract with an illegal
alien i6berf6rrn Work undef-this A_ dth' nt,or knowingly,enterinto acontract with"a
subcontractor:that'knowinglyemploys or,contr'acts.i hh an illegal alien to'pertorm work under
this Agreement.
C. Service Provider tsvohibiledfront'usiri4 the,b-Verify Program or`
Department Program proceduees to"undertake' pre ;employment screening of job applicants
Service Agreement with'Red Fiags 8 Confidentiality
7451 Tr6,rw6iiaon Services Page 5 of,13
Wile: this Agreement: is being''performed.; -
d. If Service ProViderobtains actual knowledge that,a subcontractor
ha
performing work under this�Agreement knowingly employs or"contracts,with .anj1legal alien;,
Service Provider shall.• i
1: Notify such subcontractor and3he City within three days that
Service Provider has actual,knowledge ttiat.the'subcontractor is employing.or'contracfing with
an'illegal alien; -and-.
2: Terminat64he subcontract with°the'subcontractor i within thee" -
days of receving,the.notice_required pursuant to this section.the subcontractor.;does not cease
employing:orcontracting wkh i illegal ali n cept.that•Service Providef.,shall-not terminate
the contract: with -the subcontractor'if dunngsuch three daysthe suticontractocprovides
infor'rhation'to establish that the subcontractor has"not'knowingly em''Ioyed orcontracted with
`;
•an-iltegai alien.
e: Service Provider shall comply with-any`reasonable request by the'
rf .
.Colorado Departmentt ofiLabor•and'Employment (ttie'"Department") made m the course of -an,
s
'inVestigation that the Department undertakes or is undertaking pursuant torthe authority ,
established`in•Subsection 8-17.51, 2 (5), C;R.S;.
f If Service Provider violates any -provision of this Agreement pertairnng'to'
` the dunes imposed'by Subsection 8-17 5 11)2, G R S ";the City'may terminate this Agreement: if
I ro
`this Agreement isso;terminated, Service,Provider shall be liable for actual an'd.consequential
damages to3he.City.a'rising'outlo Service Provider'sviolation of Sutisection,8=17 5402, C.R,S
g Tlie; Gityswill notify th office "of:the Secretary! State if' Service Provider
i
Jiolates`thisprovision of this`Agreement and the City` Germinates the,Agreement forsuch breach.
18 Red Flags.Rules: Service Provider must implement reas''onable polices and
t
proc -duce 46 detect,: prevent and mitigate'the risk of ideptity theft m compliance witfi the,
i.
Identity Theft Red Flags Rules found at 16 iCode of Federal Regulations part 684. Further,
t Service Agreement with Red Fiags 8 Confidentiality
7451 Translation Services Pa,ge' oO 9,
1. "
Seniice Provides must take appropriate steps to mitigate identity theft if it occurs with one or
more of the City's covered accounts and -must as expeditiously as possible notify the City `in
writing of significant breeches of security or Red-Flags'in accord with the ;notice provision in
section 4 above.
19. Special Provisions. Special provisions or conditions relating.to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" --,Confidentiality, consisting of.
one.(1) page, attached hereto and incorporated herein by this reference.
r:I
Service Agreement with Red Flags &Confidentiality
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CITY OF FORT COLLINS, C040RA00
a municipal corporation
T
By:
: Y�- � �i� j p
Janes O'Neill II, CPPO,FNIGP
Dir of Purchasing"and Risk Management
ATTEST:
i Cle, .0
'y SEAL
A RO 0 FORM:
ney MORKM
'
T4ELE NGIUAGE INC.
ATTEST:
,CORPORATE SECRETARY
Service Agreement with Red Flags & Confidentiality
7,451 Translation Services
kTE PRESIDE WT"bM,'VICE PRESIDENT
)rpb'r6f.e SeaO
Page.8 of 13
EXHIBIT. A
SCOPE OF 1NORK
Vendor to provide the following services to all City departments:
Telephonic interpretation services in 231 possible -languages 24hours a day, .7 days a
week, 365 dayea year
• Document translation services in 104 possible languages, as needed
Language ability assessments or testing of City employees, contractors, vendors upon
request and as scheduled
2. Personnel: requirements
All personnel assigned, to provide telephonic interpretation services will be "Telelanguage
lnterpreter Certified.' and certified under the Telelanguage Interpreter & Language
Prof ic"iency.Certificatiori Program"=as•those certifications are described in ihe.proposal
submitted by Telelanguage. Also; Service Provider will ensure that all personnel assigned
to provide document translation services receive specialized training for document
translation and that such personnel have a level of fluency necessary to provide such
services. The'Service Provider shall ensure th"at all personnel assigned to provide
interpretation and translation services receive'continuing educatioh'and Certifications prior to
providing the required services'for the City. Continuing education shall consist of cne,
refresher course and two expansion courses per year. Upon request, Service Provider will
provide to the City proof of certification or other`relevant.documentation for any interpreter or
translator Service Provider uses -to provide service to the City.
Service Provider shall assign an account representative to the City -that will be available to
address any concerns, questions or issues that may arise.
3. Technological capability
Service Provider shall ensure that'its telephony systeri s are, Ifully redundant andmairitain
multiple points of access to Service Provider's private MPLS network, thereby reducing and/
or eliminating company -wide risk of downtime due to system or network failure. Service
Provider is and shall 'remain fully integrated with VOIP?'telephony.! Service`Provider shall
ensure that all of its sites are linked together while providing state -of -art call centerfeatures
including Call Recording, Expanded Caii Management, `Call'Monitoring, Call Accounting and
the incorporation of Automated Call Distribution (ACD). Service Provider shall also ensure
that its Automated.Dialer and. lhteractiveVoice Recognition Systems are fully functional.
4: Level of service
Service Provider shall ensure that telephonic interpretation connection times (time between
when a call is placed to ServiceProviderand interpretation begins) are no, more than one
minute. 'If one call exceeds this connection time, Service Providershall reduce -that month's
service charges to the City by five'(5) percent. Service Provider shall provide document
translation delivery within 2 or 3 daysof receipt of a document 'from the City, provided such
document is a, typical -document. Upon, receipt'of a document from; the City that Service
Provider considers to be otherthan typical, Service Provider shall provide the City with a
written estimate of the number of days necessary to deliver the translated document to the
Citywithin 24 hours of receipt of'the document'from the CO'.
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