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HomeMy WebLinkAbout564101 NET TRANSCRIPTS - CONTRACT - RFP - 8312 TRANSCRIPTION SERVICESServices Agreement 8312 Transcription Services Page 1 of 16 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and NET TRANSCRIPTS, INC., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services for 8312 Transcription Services attached hereto as Exhibit "A", consisting of eight (8) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence September 1, 2016, and shall continue in full force and effect until August 31, 2017, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Net Transcripts, Inc. Attn: Aaron Hammer 3707 N 7th Street, Suite 320 Phoenix, AZ 85014 aaron@nettranscripts.com City of Fort Collins Attn: Lisa Robles PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort fCollins, CO 80522 DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 2 of 16 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 Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit "A" Scope of Services, consisting of eight (8) pages, and incorporated herein by 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 authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 3 of 16 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. 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, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person 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 necessary precautions in performing the work DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 4 of 16 hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 5 of 16 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 6 of 16 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney NET TRANSCRIPTS, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA COO Shane Mirkovich 8/16/2016 8/18/2016 Services Agreement 8312 Transcription Services Page 7 of 16 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins is seeking a transcription company to transcribe police reports for Fort Collins Police Services. I. INTRODUCTION: Fort Collins Police Services (FCPS) needs to achieve a shorter turn-around time on dictated police reports. The expediency of police reports is essential for a variety of reasons. Criminal cases need to be completed quickly so that the information can be sent to the appropriate court system for the successful prosecution of cases. Additionally, the public seeks reports for personal needs and the data is needed to help establish crime patterns and trends. Fort Collins Police Services currently has 203 sworn officers, who download an average of 39 reports per day. Because Police Services is a 24/7 operation, a company that operates 7 days a week including holidays is highly preferred. II. SCOPE OF SERVICES: Fort Collins Police Services is seeking a professional firm with experience in transcribing police reports and the law enforcement lexicon. CJIS COMPLIANT: The firm must be CJIS compliant and have knowledge regarding CJIS Security policy. The firm must have the capability to conduct an extensive background check on its employees to ensure CJIS compliance. CONFIDENTIALITY: Due to the sensitive nature of the reports, the firm must ensure confidentiality and include security measures to prevent theft, loss, alteration, and destruction of information. PROCESS: Provide in detail, the process to transcribe reports and how the documents will be returned to FCPS. Include the use of software, cloud storage, encryption, and/or the use of FTP sites. QUALITY ASSURANCE: The firm must be able to provide a quality product with minimal to no errors. A description of the quality control program to include the process and techniques used to ensure quality documents must also be provided. TURNAROUND TIME: Priority reports must be turned around in 24 hours or less. Priority reports will be flagged or categorized so the vendor can identify them. Priority reports consist of over 50% of the reports coming in per day. The remaining reports must be turned around within 24-48 hours. TRAINING: Provide a description of how training is conducted. SOFTWARE AND EQUIPMENT: Provide specific information regarding software and hardware that will be provided by your company. In addition, list any software or hardware that FCPS will be required to utilize. ARCHIVING: Define the retention period for recordings and transcribed reports and specify how the information is stored. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 8 of 16 CONTINGENCY: Describe plans your company has to mitigate the effects of equipment or software failures or other disasters. TRANSCRIBED REPORTS: Outline your company’s standard format(s) for transcribed reports. If a customized format can be accommodated, describe the options. IMPLEMENTATION PLAN: Describe your proposed implementation plan and schedule. Describe other services provided by your organization that may be of benefit to FCPS. Professional’s Response to RFP: III. METHODS AND APPROACH: 1. CJIS Compliance The electronic transfer of files via Service Provider’s Transcript Management Center complies with minimum federal regulations including FBI Criminal Justice Information Services (CJIS); FIPS 200, Minimum Security Requirements for Federal Information and Information Systems; Homeland Security Presidential Directive 12; Privacy Act of 1974; E-Government Act of 2002; Federal Information Security Management Act of 2002; and Health Insurance Portability and Accountability Act of 1996 (HIPPA). 2. Confidentiality All employees and subcontractors undergo a national-level criminal background check. Criminal checks include a nationwide search for public records of felonies and misdemeanor offenses. Each individual is also checked against the national Sexual Offenders Registry. No person with felony arrests or involvement with misdemeanors of moral turpitude, perjury or false statement issues shall be permitted to be involved in any manner. The company that completes these security checks on behalf of Service Provider is HireRight, Inc., 3349 Michelson Dr., Suite 150, Irvine, CA 92612. Identities are confirmed by a sworn official who also finger prints each applicant. Fingerprint cards are maintained on file. Social security number(s) are confirmed and a complete home address history is verified. Address history is used to verify where applicants have worked and the time frames stated on their resume. All employees and subcontractors are bound by a Confidentiality Agreement which includes Conflict of Interest provisions that were specifically created for the services that Service Provider performs. These agreements are meant to protect and preserve the confidentiality and privacy of all information, including: any material contained on audio/video materials; the identities of persons associated with any material being processed; and the identities of Service Provider’s customers including users, staff and other involved persons. Service Provider shall make a copy of this agreement available to the City upon request. 3. Process Services shall be primarily facilitated through our secure website, readily accessible at https://www.NetTranscripts.com/OrderCenter. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 9 of 16 Service Provider’s Web-based Transcript Management Center provides an encrypted platform through which a variety of audio and video files can be securely transferred. All files transferred electronically via the Transcript Management Center are encrypted with 128-bit SSL/TLS and 2,048-bit RSA encryption key and meet CJIS and FIPS data security requirements. There are no file size limitations when transferring recordings through the Transcript Management Center. Dictated reports can be uploaded in batches via our bulk uploader tool. Upon award of contract, Service Provider shall create user accounts as needed for FCPS Department personnel. Designated users will be provided unique login credentials, with which they can gain confidential access to Service Provider’s secure systems to send, track and retrieve transcription requests. Service Provider’s systems support up to three (3) tiers of user/administrator access: Agency Administrator, Division Administrator, and General Users. Administrators can monitor account activity, activate and deactivate users, assign administrative permissions and manage templates, officer rosters and other supporting documents all from within this platform. Completed transcripts can be retrieved electronically via the Transcript Management Center. Users are automatically notified via email when completed transcripts are posted to their account. Authorized users can then login and securely download completed transcripts. Designated Administrators can also access/retrieve completed reports for subordinate users. 4. Quality Assurance Service Provider guarantees 98.8% error-free transcripts, which meets or exceeds the most rigorous quality standards in the country. Service Provider maintains a Quality Control (QC) Department to ensure adherence to quality specifications. Every transcript is verified through Service Provider’s QC Department before the final copy is delivered to the customer. Accuracy is defined as the correct words as spoken in the audio file, proper spelling of words, adherence to formatting specifications, and the proper use of any provided participant/terms lists on all transcriptions. Accuracy measurement for transcription will not be impacted if Service Provider cannot understand words due to extraneous background noises, crosstalk, poor recording acoustics, recording equipment failures/problems, or words in languages other than English and English words spoken with foreign accents. Inaudible portions of the recording are marked as “(unintelligible)”. Words, names, locations, and/or phrases where the spelling or accuracy is questionable will otherwise appear in parentheses. Service Provider maintains “Parts Lists” for some of their customers. Such lists may contain rosters of people who may regularly be heard on recordings, industry relevant terminology, location names, acronyms, etc. Regardless, transcription work containing errors identified by the FCPS may be returned to Service Provider for immediate correction. Corrections to all transcripts are made free of charge. 5. Turnaround Time Service Provider provides several different turnaround options that can be selected by the user at the time a transcription request is placed. Our platform automatically DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 10 of 16 calculates turnaround deadlines based upon the turnaround selected. Service Provider’s Production Team verifies this deadline and ensures transcribers adhere to assigned deadlines. The following turnaround options are available for Dictated Officer Reports  24-hour  12-hour (ASAP)  3-hour (STAT) The City reserves the right to request & receive credit for any Transcription that does not meet the required designated Turnaround Time: In the event that a requested Turnaround Time is not met, Service Provider shall invoice for the actual Turnaround Time received. Should Turnaround Time received exceed twenty-four (24) hours, the following discount shall be applied to the late Transcription:  1 to 24 hours beyond deadline = 10% discount  25 to 72 hours beyond deadline = 15% discount  73 to 120 hours beyond deadline = 25% discount  121+ hours beyond deadline = 50% discount Exceptions to turnaround discount include foreign language translations, special projects, excessive volume fluctuations and other unforeseen circumstances that may impact Turnaround Time. In the event of a delay in Turnaround Time, Service Provider will coordinate with the City to provide the best alternate delivery. 6. Training Continued training is essential for Service Provider to maintain accuracy and provide knowledgeable customer and technical assistance. Employee and Subcontractor training is either provided on a one-on-one or group basis, depending on the training topic and scheduling. Training is provided by Service Provider’s management team at varying levels. Training topics typically include: hardware operation, software operation, phone operation, customer service techniques, document formatting, grammar and punctuation, web research techniques, and techniques and tools for adherence to special client requirements. Training initially occurs upon hiring and must be completed accurately before the employee or subcontractor begins working with ‘live’ files. Additional training occurs when new hardware, software, operating procedures or other policies are introduced. Training occurs to meet the special needs/requirements of individual clients. The Quality Control staff provides daily feedback regarding the quality and accuracy of their work. Individual coaching occurs on an as-needed basis. 7. Software and Equipment The use of Service Provider’s service does not require any specialized hardware or software. Services shall be primarily facilitated by transferring files through our secure website, which requires the use of Internet browser software. Our platform is optimized for use on Google Chrome and Internet Explorer 10 or newer. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 11 of 16 8. Archiving Once transcripts have been completed, they will be available through the City’s secure account for a ninety (90) day period, upon which they are automatically purged from the online database. The associated audio file(s) are also purged at this time. Transcripts are archived for up to three (3) years and can be made available upon request. 9. Contingency Service Provider currently has a Disaster Recovery Plan in place in the event of data loss or natural disaster. This plan covers multiple types of disasters by creating teams to take care of specific tasks. Included in the plan are system backups, redundancies, areas to record events and procedures of what to do. Currently, data loss would be less than one day if the data center was destroyed, as a current image is sent to the off-site locations nightly. Once service is restored, Service Provider does guarantee that the site will be available, but cannot guarantee any data or telecom issues outside of our network if the disaster is greater than our location. 10. Transcribed Reports It is Service Provider’s standard procedure to return all completed transcripts as a Microsoft Word (.doc, .docx) document formatted to print in black ink on an 8-1/2” x 11” sheet of paper, in the following layout:  Font: Times New Roman, 12pt  Page Setup: Single-spaced, consecutive line and page numbers  Margins: 1” top, bottom, left, right  Header: Times New Roman, 9pt  Document Header & Title blocks include the officer’s name, badge number, date and time of report, and case number (if provided). Service Provider is capable of accommodating most special formatting requests to ensure transcribed reports are provided in a manner that is consistent with FCPS current operating procedures. Additionally, our transcriptionists are trained to follow requested formatting instructions spoken during dictation. This includes bolding, underlining, or italicizing words, creating numbered or bulleted lists, correcting misspoken statements, and completing document fields. 11. Implementation Plan As the incumbent service provider, Service Provider’s services are already implemented within the FCPS Records Department. In addition to transcribing dictated officer reports, Service Provider provides verbatim transcription services of interviews, hearings, phone calls, and other investigative recordings. We also provide several different service options for transcribing and/or translating foreign language recordings and documents. In addition to Spanish, Service Provider has resources available for other foreign languages, including most Asian, European and Middle Eastern dialects. Should the City consider the expansion of our services to assist other divisions (i.e. Criminal Investigations, Internal Affairs) the following steps shall be followed: 1. Initial Consultation DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 12 of 16 2. Account Setup / User Configuration 3. User Training 4. Phased Deployment (depending on volumes and availability) 5. Periodic Performance Review IV. LIST OF PROJECT PERSONNEL: The following Service Provider staff members will serve as points of contact for coordination of services and serve as general contract liaisons. Additionally, general questions and order inquiries can be directed to general@nettranscripts.com. Emails received at this address are copied to management, production and quality control teams. Executive Contact: Shane Mirkovich, COO Office: 800.942.4255 x7 Cell: 480.216.0080 (after hours) Email: shane@nettranscripts.com Account Manager: Aaron Hammer, VP Business Development Office: 800.942.4255 x8 Cell: 480.766.8642 (after hours) Email: aaron@nettranscripts.com Billing Contact: Melanie Erwin, Accounting Manager Office: 800.942.4255 Fax: 480.556.9676 Email: accounting@nettranscripts.com Service Provider maintains a staff of twenty-nine (29) full-time employees that are responsible for coordinating daily operations. This includes management, human resources, accounting, sales, production and quality control departments. The following organization chart depicts Net Transcripts’ management structure. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 13 of 16 The transcription team utilizes professional digital transcription software, which includes foot pedal control, variable speed playback, multi-channel control, sound enhancement and more. This software supports a wide variety of digital audio files. Service Provider utilizes highly experienced transcribers, proofers and quality control staff to complete all work. We do not employ the use of voice recognition, which we consider insufficient for processing audio containing multiple speakers and/or audio which is of poor quality recording. The majority of these subcontractors qualify as small, women-owned, minority-owned or otherwise disadvantaged businesses. These individuals possess a variety of certifications based on prior or current work history, which may or may not include:  American Association of Electronic Reporters and Transcribers (AAERT)  American Translators Association (ATA)  Certified Shorthand Reporter (certifications vary by State)  Certified Court Report (certifications vary by State)  Certified Court Interpreter/Translator (certifications vary by State)  Law Enforcement Information Management Certificate (LEIM)  Legal Transcription Certificate  Paralegal Associates Degree  Bachelors/Masters Degree, Criminal Justice  Bachelors/Masters Degree, Language Studies Transcribers are subject to routine performance audits performed jointly by Quality Control and Human Resources. Transcriber performance is also subject to a 3-Strikes Policy to ensure the integrity of work. Based on the City’s volumes, Service Provider anticipates needing to dedicate between five to ten transcriptionists per day to complete all work within the requested deadlines. Availability of Staffing Service Provider acknowledges that recently we have not been successful meeting our promised turnaround deadlines 100% of the time. In light of this proposal, we have analyzed FCPS’s daily transcription volumes for the past several months to better understand our strengths and weaknesses regarding turnaround times. Service Provider is willing to share these turnaround reports with FCPS and discuss our findings during an onsite meeting. We have identified vulnerabilities and are in the process of implementing an action plan to better manage FCPS workload and deadline requirements. This action plan includes delegating greater oversight responsibilities to management staff, reevaluating staffing levels at various times of day, and dedicating a team of transcriptionists to specifically process FCPS reports. Based on the Department’s volumes, we will need to dedicate between five to ten transcriptionists per day to complete all work within the requested deadlines. Regardless of the specific transcriptionist utilized, all have been through Service Provider’s stringent vetting process and are uniformly bound by confidentiality and non-disclosure agreements. Service Provider can provide the requested information on subcontractors that have actually worked on a particular transcript per FCPS request. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 14 of 16 COST SCHEDULE Single-Speaker Recordings (Dictations) 24 hours $0.0125 /word 12 hours $0.0175 /word 3 hours $0.0195 /word VALUE ADDED SERVICES Multi-Speaker Recordings (Interviews) 5 business days $1.99 /minute 3 business days $2.25 /minute 1 business days $2.60 /minute Same business day $2.95 /minute Spanish Language Services Direct-to-English Translation * $9.00 /minute Spanish Transcription (spoken Spanish to Written Spanish) $4.75 /minute Spanish Translation (written Spanish to written English) $0.19 /word Other Languages Quote provided upon request Audio/Video Conversion Services Standard A/V Conversion Audio CDs, DVDs, Standard Digital Video (.avi, .wmv) $10.00 /each Real Time Audio/Video Conversion Special Player Required, Proprietary Media, Analog Media $20.00 /each Editing Audio per Customer Request Audio Enhancement, Multi-Segment Cropping $20.00 /each Per minute pricing is based on the duration of the recording provided. Per word pricing is based on the final word count of the transcribed document. COOPERATIVE PURCHASING: The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this RFP at the option of the Awarded Vendor. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider with a desire to participate in any resulting awards as a potential cooperative user, including: Larimer County DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA Services Agreement 8312 Transcription Services Page 15 of 16 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. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 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 Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life 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 from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA New insurance Services Agreement 8312 Transcription Services Page 16 of 16 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that 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 information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 8/17/2016 Capital West Insurance 8501 N Scottsdale Rd, Ste 200 Scottsdale AZ 85253 Amanda West (480)838-8000 (480)838-8002 amanda@capitalwestins.com Net Transcripts, Inc. 3707 N 7th St, Ste 320 & 325 Phoenix AZ 85014 Sentinel Insurance Company LTD 11000 Beazley Insurance COmpany 37540 CL1632907065 A X X X X 59SBARV8661 10/17/2015 10/17/2016 2,000,000 1,000,000 10,000 4,000,000 4,000,000 Non-owned 2,000,000 A X X X 59SBARV8661 10/17/2015 10/17/2016 2,000,000 B Prof Liab/Cyber-Claims Made 59KDGVJ5078 10/17/2015 10/17/2016 Each Occurrence $ 2,000,000 Retro Date: 3/3/2007 General Aggregate $ 4,000,000 City of Fort Collins is listed as additional insured with respects to general liability and auto liability per written contract. Amanda West/AW City of Fort Collins ATTN: Purchasing Dept. PO BOX 580 Fort Collins, CO 80522 DocuSign Envelope ID: AC8D87F5-35DB-4B99-A55B-ABB79CF09DEA