2024-4071_RFQ_-_Solicitation.pdf

March 2023 (Rev.)

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

ACQUISITIONS MANAGEMENT SECTION

651 BANNON STREET, SACRAMENTO, CA 95811

PO BOX 942879, SACRAMENTO, CA 94279-0024

1-916-309-5421 www.cdtfa.ca.gov

July 16, 2024

REQUEST FOR QUOTE

RFQ-No.: 2024-4071

CAPTIONING INTERPRETER SERVICES

You are invited to review and respond to this Request for Quote (RFQ), (RFQ), No.: 2024-4071, Captioning Interpreter services.

Service: Contractor shall provide on-call real-time Captioning Interpreter services to assist CDTFA technical team with Internet Streaming Live Text Captioning of live web broadcasts, (2) Post- Production Captioning of on-demand video content, and (3) editing of live captioning transcripts to correct errors for accuracy as outlined in the Sample Standard Agreement (STD

213) and related Exhibits included herein (Attachment 2).

Location: Services shall be provided for the CDTFA Headquarters located at 651 Bannon Street, Suite

100; Sacramento, CA 95811.

Responses Due: July 24, 2024 at 2:00 P.M. Pacific Standard Time (PST)

Term: August 1, 2024 through June 30, 2026

Contact Person: Kennedy Keating, Phone (916) 309-5423 or at email:

ADMIN-AMSContracts@cdtfa.ca.gov

Bidder Minimum Qualifications:

Disabled Veteran Business Enterprises (DVBE) and/or Certified Small Business (SB) participation is strongly encouraged for this Request For Quote.

GAVIN NEWSOM

Governor

Amy Tong

Secretary, Government Operations Agency

NICOLAS MADUROS

Director http://www.cdtfa.ca.gov/ mailto:ADMIN-AMSContracts@cdtfa.ca.gov

RFQ 2024-4071

GENERAL INFORMATION

Required to Submit with Quote

In submitting your quote, you must comply with the instructions found herein and, in the Department of General Services, Procurement Department’s (DGS/PD) Bidders’, Instructions included here by reference at: DGS/PD Bidders Instructions

The services required are delineated in, Sample Standard Agreement (STD 213) included herein (Attachment 2). Please read the enclosed documents carefully. Responsive quotes shall contain the following signed and completed documents:

1. Quote & Certification Sheet (Attachment 1) All offers must be submitted and signed by an individual who is authorized to contractually bind the Contractor.

2. Bidder Declaration/Written Version GSPD-05-105 (written), which can be accessed on the DGS/PD website, linked here: Bidder Declaration - Written GS PD-05-105 (ca.gov).

3. Payee Data Record (Std. 204) which can be accessed on the DGS/PD website, linked here: STD 204

- Payee Data Record (ca.gov)

4. Bidders/Offeror must submit a completed GenAI Disclosure & Factsheet Form STD 1000 with their bid/offer to be deemed responsive.

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.”

5. Disabled Veteran Business Enterprise (DVBE) Declaration DGS PD Std. 843 (as applicable) which can be accessed on the DGS/PD website, linked here: DVBE Declaration DGS PD Std 843 (ca.gov)

6. Darfur Contracting Act, DGS PD 1, which can be accessed on the DGS/PD website, linked here:

Darfur Contracting Act Certification DGS PD 1 (ca.gov)

7. Commercially Useful Function (CUF) Compliance Form - (Attachment 3)

Note: The CUF Form is not required if neither a Small Business nor Disable Veteran Business Enterprise will be participating. More detail information regarding CUF is located online on the DGS/PD website linked here: Commercially Useful Function for Certified Firms (ca.gov) https://www.dgs.ca.gov/PD/Search-Results?search=Bidders%20Instructions&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&activeFilters=division-or-office-facets https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms?search=Commercial%20Useful%20Function

Should you have any questions concerning this RFQ #2024-4071, please send e-mail responses to the AMS Contact at:

Acquisitions Analyst Kennedy Keating

California Department of Tax and Fee Administration Acquisitions Management Section

651 Bannon Street, Suite 100 MIC:24 Sacramento, CA 95811

Email: ADMIN-AMSContracts@cdtfa.ca.gov

All responses will be reviewed, and the Standard Agreement (STD 213) will be awarded to the firm with the lowest responsive, responsible quote. CDTFA is not responsible for responses that do not arrive on time. For questions concerning this RFQ No.: 2024-4071, please contact the AMS Analyst at the number and/or email listed above.

Sincerely, Kennedy Keating AMS Contract Analyst

Enclosures: Attachment 1, Quote & Certification Sheet with Completion Instructions

Attachment 2, Sample Standard Agreement (STD 213) included herein with Exhibits A – D Attachment 3, Commercially Useful Function Verification Form.

1. BIDDERS’ INSTRUCTIONS

In submitting your quote, you must comply with the instructions found herein and, in the DGS/PD Bidders’, Instructions included here by reference at: DGS PD 451 Bidder Instructions (ca.gov)

The services required are delineated in the sample Standard Agreement (STD 213) and related Exhibits (Attachment 2). Please read the enclosed documents carefully.

2. PURPOSE

The purpose of this solicitation is to obtain on-call real-time captioning interpreter services for California Department of Tax and Fee Administration (CDTFA).

Proposed Term: August 1, 2024 through June 30, 2026. This Agreement may be amended to extend the term for one additional year and/or add or remove hours, if it is determined to be in the best interest of CDTFA. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement. See Exhibit A, Statement of Work, for a complete description of services.

3. AVAILABILITY

The selected contractor must be able to meet the requirements of this RFQ No.: 2024-4071 and be ready to begin work upon completion of security clearance, confidentiality certification, and upon agreement approval, and as mutually agreed to between the parties.

4. PERIOD OF PERFORMANCE

CDTFA has the option to extend the term of the agreement for a period of time needed to complete the performance of services with no change in scope or price. The period of performance must be changed by a written amendment to the Standard Agreement (STD 213) if the department exercises its option to extend services.

The contractor shall not be authorized to deliver or commence performance of services as described in the Statement of Work (SOW) until written approval has been obtained from all entities. No delivery or performance of service may commence prior to the execution of the Agreement.

5. KEY ACTION DATES

Listed below are the key action dates and times by which the actions must be taken or completed. If CDTFA finds it necessary to change any of these dates, it will be accomplished via an addendum to this RFQ No.: 2024-4071.

Key Action Dates Date

1. Release of RFQ No.: 2024-4071 July 16, 2023

2. Submission of Quotes (by date and time) July 24, 2024 by 2:00 P.M.

(PST)

3. Evaluation of Quotes July 25, 2024

4. Proposed start date of contract August 1, 2024 https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf

All dates after the Submission of Quotes on July 24, 2024 by 2:00 P.M. (PST) are approximate and may be changed if needed to allow the State additional time for evaluation and contract execution.

6. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding

Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting an offer, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s offer any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

7. HEALTH AND SAFETY

Contractors are required to, at their own expense, comply with all applicable health and safety laws and regulations. Upon notice, Contractors are also required to comply with the state agency’s specific health and safety requirements and policies. Contractors agree to include in any subcontract related to performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice, the state agency’s specific health and safety requirements and policies.

8. ASSUMPTIONS AND CONSTRAINTS

There shall be no assumptions, conditions, or constraints included in the bidder’s response. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind.

9. SAMPLE STANDARD AGREEMENT WITH EXHIBITS FORM (SAMPLE)

SAMPLE – Standard Agreement (STD 213) (Attachment 2) EXHIBIT A – Statement of Work EXHIBIT B – Budget Detail and Payment Provisions EXHIBIT C – General Terms and Conditions EXHIBIT D – Special Terms and Conditions EXHIBIT E – Additional Provisions

10. SOCIO-ECONOMIC AND PREFERENCE PROGRAMS BID PREFERENCE(S)

A. Small Business/Micro Business (SB/MB) Enterprise Preference Program

1) A five percent (5%) preference will be granted to Bidders certified as “Small Business” or

“Microbusiness” in accordance with California Code of Regulations, Title 2, § 1896 et. seq. A business that is not certified as a SB/MB may receive a preference of 5% if that business commits to subcontract at least 25% of its net bid price with one or more SB or MB. The value of the SB/MB preference cannot exceed $50,000.00 when a contract award is based upon award to the lowest bid.

https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

2) Submit a copy of your OSDS certification email confirmation with the Bid Form.

Note: Firms can apply for SB/MB and or DVBE certification on the OSDS website linked here:

Application for Certification as a SB/MB and/or DVBE (ca.gov)

B. DVBE Participation

1) The DVBE Participation Program for state contracts is established in Public Contract Code, § 10115 et seq., Military and Veterans Code (MVC), § 999 et seq., and California Code of Regulations, Title 2, § 1896.60 et seq. Military and Veterans code Section 999.2 establishes a contract participation goal of at least three percent (3%) for DVBE. This goal applies to a state agency’s overall contracting program. For the purpose of this solicitation, the DVBE program requirements are waived. The DVBE Incentive does not alter this requirement.

2) A DVBE Incentive will be granted to bidders achieving DVBE Participation of one percent

(1%) or more of their Bid total, in accordance with Military and Veterans Code, § 999.5(a) and (d), and California Code of Regulations §1896.98 et seq.

3) The DVBE Incentive will be applied during the Bid evaluation process and will only be applied to responsive Bids. Any Small Business Preference will be calculated prior to the DVBE Incentive calculation.

4) Each Bidder’s DVBE Incentive percentage will be computed and subtracted from the lowest responsive Bid amount. Calculations to determine adjusted Bid price are for consideration only and the Contract will be awarded for the Bidder’s actual Bid amount.

5) Bidders who have been certified by California as a DVBE should submit a completed form(s)

DVBE DGS PD. 843. All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy online from OSDS website at: Disabled Veterans Business Enterprise Declarations (ca.gov)

6) The completed form must be included with the quotation/Bid response.

11. SAMPLE CONTRACT

The Sample Standard Agreement (STD 213) (Attachment 2) included in this RFQ No.: 2024-4071. is for information purposes only (Attachment 2). Upon Award all contract documents will be processed accordingly for final review and approval by the selected Contractor and CDTFA.

12. EVALUATION INFORMATION

Evaluation Process

Each quote response will be checked for the presence of requirement information in conformance with the submission requirements of this RFQ No.: 2024-4071. CDTFA will evaluate each response to this RFQ No.: 2024-4071 to determine its responsiveness to the requirements.

Evaluation Criteria

Lowest Responsive and Responsible Bidder https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Search-Results?search=DVBE%20843&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&activeFilters=division-or-office-facets https://www.dgs.ca.gov/PD/Search-Results?search=DVBE%20843&divisionid=7bce8ca3ed8a4aedbdeaf52f5e77df36&activeFilters=division-or-office-facets

ATTACHMENT 1

QUOTE & CERTIFICATION SHEET

The below form must be signed and returned. Please type or print clearly.

1. SERVICE: Successful Contractor shall submit one (1) electronic copy to CDTFA’s AMS email at:

ADMIN-AMSContracts@cdtfa.ca.gov. The services are outlined in Attachment 2, Sample Standard Agreement (STD 213) and related Exhibits included herein.

The rates, set forth below in clear legible figures, shall remain in force for the stated term of the Agreement and shall include all Contractor’s costs, the cost of reinstatement fees if applicable, the cost of insurance, travel, State sales tax and every other item of expense, direct or indirect, in order to provide the services detailed in, Attachment 2, Sample Standard Agreement (STD 213) and related Exhibits. Rates must be provided for all services listed below. If there is no cost for an item, please indicate N/A in the price area for that item. Failure to provide a complete Offer & Certification Sheet shall be cause for rejection of your Offer.

Cost must be provided for all services listed below. Failure to provide the required rates shall be cause for rejection of your quote.

Year 1 - Term: August 1, 2024 through June 30, 2025

Description Hourly Rate

Provide live open captioning for web broadcasts embedded on web page via link and/or YouTube captioning. $___ per hour with one-hour minimum.

Prorated to the nearest 15 minutes after one hour.

Provide unedited post-production subtitle file saved in the SubRip file format (.srt file) of previously live captioned content within 8 hours of completion of web broadcast. File to be delivered via email to CDTFA representative.

Provide edited post-production subtitle file saved in the SubRip file format (.srt file) of previously live captioned content within 48 hours of completion of web broadcast. File to be delivered via email to CDTFA representative.

Provide unedited post-production transcript in the Text file format (.txt file) of previously live captioned content within two (2) hours of completion of web broadcast. File to be delivered via email to CDTFA representative.

Provide Post-Production Captioning of On-Demand Video Content to include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and delivered as subtitle file saved in the SubRip file format (.srt file). File to be delivered via email to CDTFA representative.

include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and delivered as Text file saved in the Text file format (.txt file). File to be

YEAR 1 TOTAL QUOTE PRICE : $____________________

mailto:ADMIN-AMSContracts@cdtfa.ca.gov

RFQ 2023-4071

Year 2 - Term: July 1, 2025 through June 30, 2026 format (.srt file) of previously live captioned content within 8 hours of include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and

YEAR 2 TOTAL QUOTE PRICE : $____________________

(OPTIONAL) Year 3 - Term: July 1, 2026 through June 30, 2027 format (.srt file) of previously live captioned content within 8 hours of include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and

(OPTIONAL) YEAR 3 TOTAL QUOTE PRICE : $____________________

By signing below Contractor swears under penalty of perjury that the quote is complete, true, and correct and that the Contractor has read and understands all documents contained herein:

Bidder/Company Name (Printed):

Authorized By (Signature):

Name and Title of Person Signing (Printed):

Date Executed:

County:

State:

1. Company Name 2. Telephone Number

. Fax Number

4. Address

5 E-Mail Address

Indicate your organization type:

6. Sole Proprietorship 7. Partnership 8. Corporation

Indicate the applicable employee and/or corporation number:

9. Federal Employee ID No. (FEIN) 10. California Corporation No.

11. Indicate applicable license and/or certification information:

12. Authorized Representative (Print) 13. Title

14. Signature 15. Date

16 Are you certified with the Department of General Services, Office of Small Business and DVBE Services

(OSDS)

a. California Small Business b. Disabled Veteran Business Enterprise

Yes No Yes No

If yes, enter certification number: If yes, enter your service code below:

NOTE: A copy of your certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending: ___________________

Item Numbers

Instructions

1, 2, 3, 4, 5

Must be completed and are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

12, 13, 14, 15

Must be completed. These items are self-explanatory.

16 If certified as a California Small Business, place a check in the “Yes” box and enter your certification number on the line. If certified as a Disabled Veteran’s Business Enterprise, place a check in the “Yes” box and enter your service code on the line. If you are not certified to one or both, place a check in the “No” box.

If your certification is pending, enter the date your application was submitted to

OSDS.

ATTACHMENT 2

EXHIBIT A

STATEMENT OF WORK

January 2023 (Rev.)

SAMPLE

DO NOT COMPLETE OR SUBMIT WITH YOUR BID!

ATTACHMENT 2

1. PURPOSE

A. (COMPANY NAME), hereinafter referred to as the “Contractor” agrees to provide to the

California Department of Tax and Fee Administration, hereinafter referred to as “CDTFA” or “State”, on-call real-time captioning interpreter services for Internet Streaming Live Text Captioning of live web broadcasts, (2) Post-Production Captioning of on-demand video content, and (3) editing of live captioning transcripts to correct errors for accuracy, as described herein.

B. The services shall be performed for the CDTFA Headquarters located at 651 Bannon Street, Suite 100 Sacramento, CA 95811.

C. The services shall be performed August 1, 2024 through June 30, 2026, during CDTFA’s normal business hours Monday through Friday, between the hours of 8:00 AM and 5:00 PM, Pacific Standard Time, except weekends and State Holidays. State holidays as identified by CalHR may be found at this weblink: http://www.calhr.ca.gov/employees/Pages/state-holidays.aspx

There may be occurrences when services may be needed outside of normal business hours.

CDTFA will notify Contractor 48 hours in advance if the services will be needed outside of normal business hours.

D. The Contractor is not authorized to commence work, as described in this contract, until the contract has been fully executed. Any services provided prior to execution of the contract shall be considered voluntary and non-compensable.

2. PRODUCT DESCRIPTION

• Provide live open captioning for web broadcasts embedded on web page via link and/or YouTube captioning.

• Provide unedited post-production subtitle file saved in the SubRip file format (.srt file) of previously live captioned content within 8 hours of completion of web broadcast. File to be

• Provide edited post-production subtitle file saved in the SubRip file format (.srt file) of previously live captioned content within 48 hours of completion of web broadcast. File to be delivered via email to CDTFA representative.

• Provide unedited post-production transcript in the Text file format (.txt file) of previously live captioned content within two (2) hours of completion of web broadcast. File to be delivered via email to CDTFA representative.

• Provide Post-Production Captioning of On-Demand Video Content to include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and delivered as subtitle file saved in the SubRip file format (.srt file). File to be delivered via email to CDTFA representative.

http://www.calhr.ca.gov/employees/Pages/state-holidays.aspx

ATTACHMENT 2

• Provide Post-Production Captioning of On-Demand Video Content to include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and delivered as Text file saved in the Text file format (.txt file). File to be delivered via email to CDTFA representative.

3. CONFIDENTIALITY STATEMENT

Contractor shall adhere to all State laws safeguarding the confidentiality of State data and information. Prior to initiating work, all Contractor staff must sign a Confidentiality Statement, CDTFA-4.

4. CONTRACT MANAGERS

CDTFA Contract Manager Contract Manager

Division/Branch/Unit: Company Name:

Contact Name: Contact Name:

Address:

Phone: Phone:

Email: Email:

Direct all contract inquiries to:

CDTFA Representative Contract Manager

Business Management Bureau/Acquisitions Management Section (AMS)

Company Name:

Contact Name: Contracts Unit Contact Name:

Address: 651 Bannon Street, Suite 100, MIC: 24 Sacramento, CA 95811

Phone: 916-309-5421 Phone:

Email: acquisitionscoor@cdtfa.ca.gov Email:

Either Contract Manager may be changed without a formal amendment to this contract. The changing party will notify the other party with a ten-day prior written notice by mail, or email, which will contain the new Contract Manager’s name, mailing address, email address and telephone numbers.

5. AMENDMENT

This Agreement may be amended to add/remove hours and/or amend to extend one (1) additional year, without changes in the Contract Scope and Deliverables, with mutual agreement by both Parties, at the rates listed in Exhibit B, Budget Detail and Payment Provisions. If the CDTFA exercises this option, it will initiate an amendment to encumber additional funds, as applicable.

mailto:acquisitionscoor@cdtfa.ca.gov

ATTACHMENT 2

6. SCHEDULING FOR SERVICES

A. The Contract Manager or designated CDTFA representative shall contact the Contractor to request for services. Request will be made through Contractor’s web page portal, email address, and/or phone number.

B. The following information will be provided to Contractor:

1. Name

2. Email

3. Event Name

4. Event Date

5. Event Duration

6. Type of Service Requested

7. Additional Information (as applicable)

C. Contractor shall confirm request for services to CDTFA representative within 3 hours of request.

D. If cancellation of scheduled services is necessary, then Contractor shall be notified 24 hours in advance of scheduled event. If cancelled with less than 24-hour notice, the Contractor will be reimbursed for minimum one (1) hour fee of requested service.

7. MINIMUM / MAXIMUM HOURS

A. Live Open Captioning Services

1) CDTFA estimates contractor will provide a total of 136 hours of internet streaming live open captioning services during the period of this agreement. There is no guarantee of the number of hours needed. Contractor shall be reimbursed for actual hours of services, but not to exceed 136 hours.

2) One (1) hour minimum for internet streaming live text captioning services. Prorated to the nearest 15 minutes after one hour.

3) CDTFA estimates contractor will provide a total of 136 hours of editing of live captioning transcripts to correct errors for accuracy.

B. Post-Production Captioning of On-Demand Video Content

1) Caption services for On-Demand Video Content will be requested as necessary. There is no guarantee of the number of hours needed for this item. Contractor shall be reimbursed for actual hours of services requested prorated in 15 minute increments. 15 minute minimum.

8. INTERNET STREAMING LIVE TEXT CAPTIONING SERVICES

A. Contractor’s Responsibilities

ATTACHMENT 2

1. Shall provide real-time captioning over the internet of CDTFA live stream broadcasts for webcast events and internal network events as requested. The captioning service must be able to be connected to the CDTFA network.

2. Must provide a web portal, email address, and phone number to request and schedule services.

3. Shall use trained stenographic reporters with skill, ability, and accuracy to perform and provide real-time captions over the internet.

4. Shall provide real-time captioning which meet ADA requirements with respect to audio and video content delivered via the internet.

5. Shall provide a secure internet link to CDTFA representatives at least 24 hours in advance of scheduled event / web broadcast to embed live captions to CDTFA public facing websites and webpages.

6. Shall provide a secure internet link to CDTFA representatives at least 24 hours in advance of scheduled event / network broadcast to embed live captions to a CDTFA intranet webpage.

7. Shall have the ability to adjust page size dimensions of provided internet link to embed live captions.

8. Shall perform testing of caption internet link with CDTFA representative 15 minutes in advance of scheduled event start time.

9. Shall provide live real-time close captions to CDTFA’s YouTube channel, California State

Board of Equalization YouTube channel, or other agency which CDTFA is providing live web broadcast services for.

10. Shall have the ability to set and adjust a broadcast delay for live captions.

11. Shall have the ability to adjust caption font colors, background colors, font size and style.

12. When requested by CDTFA, provide unedited post-production subtitle file saved in the

SubRip file format (.srt file) of previously live captioned content within 8 hours of completion

13. When requested by CDTFA, provide edited post-production subtitle file saved in the SubRip file format (.srt file) of previously live captioned content within 48 hours of completion of web broadcast. File to be delivered via email to CDTFA representative.

14. When requested by CDTFA, provide unedited post-production transcript in the Text file format (.txt file) of previously live captioned content within 2 hours of completion of web broadcast. File to be delivered via email to CDTFA representative.

15. Shall provide CDTFA a monthly invoice for services provided. A separate line item for each service request will be provided.

ATTACHMENT 2

B. CDTFA’s Responsibilities

1. Shall provide contractor within 12 hours of start time of web broadcast a live, real-time audio interface via telephone line and / or when possible, a web link to broadcast.

2. When possible will provide via email, the names of presenters prior to start of web broadcast.

3. When possible will provide via email, acronyms, abbreviations, unique terms, etc. prior to start of web broadcast.

4. When necessary shall request and coordinate with contractor testing of services and internet link provided by contractor.

5. Shall contact contractor or contractor representative immediately via email and/or phone with any technical issues.

9. POST-PRODUCTION CAPTIONING SERVICES

A. Contractor:

1) Shall provide captioning of CDTFA on-demand video content as requested.

2) Shall provide captioning which meet ADA requirements with respect to audio and video content.

3) Shall provide a secure online location (FTP) to receive video media content intended for captioning.

4) Shall use trained stenographic reporters with skill and ability to perform and provide captions for on-demand video content.

5) Shall provide edited transcript no more than 48-hours after receipt of video media file.

Transcript shall be delivered as a Microsoft Word document or .TXT file. Format required will be requested by CDTFA representatives.

6) Shall provide an edited caption file no more than 48-hours after receipt of video media file.

Caption file shall be delivered as; .SRT, .SMI, .DFXP, .TTML, or .SCC file formats. Format required will be requested by CDTFA representatives.

B. CDTFA:

1) Shall provide video content as an MP4 media file or as an MP3 audio file and will upload to secure online location as designated by contractor.

2) Shall contact contractor or contractor representative immediately via email and/or phone with any technical issues.

ATTACHMENT 2

10. SUBCONTRACTORS

Contractor may not subcontract any work, including subcontracting with temporary service agencies, without the express written approval of the CDTFA. If it is anticipated that subcontractors will be used, the Contractor shall provide to the CDTFA the names of the subcontractors, references for the subcontractors, and the portions and monetary percentages of the work to be done by the subcontractors. The Contractor retains total responsibility for fulfilling the requirements of this Agreement.

11. HEALTH AND SAFETY

Contractors are required to, at their own expense, comply with all applicable health and safety laws and regulations. Upon notice, Contractors are also required to comply with the state agency’s specific health and safety requirements and policies. Contractors agree to include in any subcontract related to performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice, the state agency’s specific health and safety requirements and policies.

12. CONTRACTOR’S PERFORMANCE

A. CDTFA shall routinely evaluate the work performance of the Contractor and/or Provider to determine if CDTFA standards and Departmental policies and procedures are being maintained. Any Contractor, and/or Provider who fail to perform or who are physically or mentally incapable of performing the required duties as required by this Agreement shall not be permitted to perform service.

B. Failure to provide services on three (3) or more occasions may result in termination of this

Agreement.

C. The CDTFA Contract Manager or designee shall state in writing the reasons the Contractor and/or Provider did not meet the required policies or standards. CDTFA shall not pay Contractor for any services performed by Contractor and/or Provider which are deemed unacceptable in accordance with the required services contemplated by this Agreement.

13. SUSPENSION OR STOP WORK NOTIFICATION

A. CDTFA may, at any time, issue a notice to suspend performance or stop work under this Agreement. The initial notification shall be a written directive issued by the CDTFA. Upon receipt of said notice, the Contractor is to suspend and/or stop all, or any part, of the work called for by this Agreement.

B. Written confirmation of the suspension or stop work notification with directions as to what work

(if not all) is to be suspended and how to proceed will be provided within thirty (30) days of the written notification. The suspension or stop work notification shall remain in effect until further written notice is received from CDTFA. The resumption of Work (in whole or part) will be at CDTFA’s discretion and upon receipt of written confirmation. Upon receipt of a suspension or stop work notification, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize or halt the incurrence of costs allocable to the performance covered by the notification during the period of work suspension or stoppage.

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Within thirty (30) days of the issuance of a suspension or stop work notification, CDTFA shall either:

1) Cancel, extend, or modify the suspension or stop work notification; or

2) Terminate the Agreement.

If a suspension or stop work notification issued under this clause is canceled or the period of suspension or any extension thereof is modified or expires, the Contractor may resume work only upon written concurrence of CDTFA.

C. If the suspension or stop work notification is cancelled and the Agreement resumes, changes to the services, deliverables, performance dates, and/or contract terms resulting from the suspension or stop work notification shall require an amendment to the Agreement.

D. CDTFA shall not be liable to the Contractor for loss of profits because of any suspension or stop work notification issued under this clause.

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. RATES

The cost for these services shall not exceed $XXXXXX.

Year 1 - Term: August 1, 2024 through June 30, 2025 format (.srt file) of previously live captioned content within 8 hours of include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and

Year 2 - Term: July 1, 2025 through June 30, 2026 format (.srt file) of previously live captioned content within 8 hours of

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include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and include edited transcription of on-demand media content (video or audio files) provided by CDTFA to contractor via contractor’s secure FTP and

2. INVOICING AND PAYMENT

A. For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein.

B. Invoices shall be issued no more than monthly in arrears.

C. Invoices shall include a breakdown of hours used by date and must be approved by the CDTFA

Project Manager.

D. Invoices shall be accurate and complete and shall include contract number 2024-4071 FI$Cal PO

# 7600-000000XXXX and shall be submitted to cdtfainvoices@cdtfa.ca.gov.

Failure to provide the Agreement number and FI$Cal PO number on the invoice will likely result in delayed payment.

3. BUDGET CONTINGENCY CLAUSE

It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this Agreement with no liability occurring to the State or offer an Agreement Amendment to Contractor to reflect the reduced amount.

4. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927).

mailto:cdtfainvoices@cdtfa.ca.gov

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5. SUBCONTRACTORS

If the Contractor uses subcontractors, then all invoices shall be issued by the Contractor. The CDTFA shall pay only the Contractor. The Contractor is responsible for payment to their subcontractors.

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EXHIBIT D

GENERAL TERMS AND CONDITIONS

1. EXCISE TAX

The State of California is exempt from Federal Excise Taxes, and no payment will be made for any personal property taxes levied on the Contractor or on any taxes levied on employee wages. The State shall only pay for any State or local sales or use taxes on the services rendered or equipment supplied to the State pursuant to this Agreement.

2. SETTLEMENT OF DISPUTES

In the event of a dispute, Contractor shall file a “Notice of Dispute” with the Chief, Business Management Bureau of the CA Department of Tax and Fee Administration in Sacramento within ten

(10) days of discovery of the problem. Within ten (10) days of receipt of the Notice, the Chief, Business Management Bureau, or his/her designee, shall meet with the Contractor and Contract Manager for purposes of resolving the dispute. The decision of the Chief, Business Management Bureau shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the solicitation package.

3. POTENTIAL SUBCONTRACTORS

Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

4. CONFIDENTIALITY OF DATA

All financial, statistical, personal, technical and other data and information relating to the State’s operations, which is designated confidential by the State and made available to the Contractor in order to carry out this Agreement, or which becomes available to the Contractor in carrying out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State’s procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided in writing to the Contractor by the State. The Contractor shall not, however, be required to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor’s possession, is independently developed by the Contractor outside the scope of this Agreement or is rightfully obtained from third parties.

5. RIGHT TO TERMINATE

This Agreement is subject to cancellation by the State (in whole or part) upon thirty (30) days written notice without cause. The State may cancel this Agreement without the 30-day written notice if, in its opinion the State finds cause for immediate termination. The State shall also be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in

ATTACHMENT 2

SPECIAL TERMS AND CONDITIONS

the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

6. FORCE MAJEURE

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

7. COMPUTER SOFTWARE COPYRIGHT LAWS

Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

8. AMERICANS WITH DISABILITIES ACT (ADA)

The Contractor certifies it complies with the Americans with Disabilities Act of 1990 (42 U.S.C. section 12101, et seq.).

9. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

10. CONTRACTOR’S COMPLIANCE WITH CDTFA REQUIREMENTS

By entering into this Agreement, Contractor agrees to adhere to all the CDTFA rules, policies and procedures and workplace safety measures at all times, as applicable herein. CDTFA’s rules, policies, and procedures may include the following requirements with which Contractor and its providers shall comply:

A. Background investigations, fingerprinting.

B. Administrative and related service provided policies and procedures.

C. The Centers for Disease Control and Prevention (CDC) guidelines for infection control.

D. Personal safety relating to fire, electrical hazards, disaster preparedness, hazardous material, equipment safety and management.

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EXHIBIT E

ADDITIONAL PROVISONS

Upon request, Contractor shall furnish to the CDTFA evidence of insurance. Such evidence shall reference this Agreement number, and shall be as follows:

1. GENERAL PROVISIONS APPLYING TO ALL POLICIES

A. Coverage Term Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still conform to terms of the original contract.

B. Policy Cancellation or Termination & Notice of Non-Renewal – Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the State.

In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event, subject to the provisions of this contract.

C. Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

D. Primary Clause – Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

E. Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A–.” If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

F. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

G. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

2. INSURANCE REQUIREMENTS APPLYING TO ALL STATE CONTRACTS

A. Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include:

The State of California, its officers, agents, employees, and servants as additional insureds, but only with respect to work performed under the contract.

In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insured under Contractor’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor.

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SPECIAL TERMS AND CONDITIONS

B. Automobile Liability – Contractor shall maintain motor vehicle liability with limits not less than

$1,000,000.00 per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

C. Workers’ Compensation and Employers Liability – Contractor shall maintain statutory worker’s compensation and employer’s liability coverage in the amount of $1,000,000.00 for all its employees who will be engaged in the performance of the contract.

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COMMERCIALLY USEFUL FUNCTION (CUF) VERIFICATION FORM

All bidders must complete the CUF Verification Form and include it with the bid response.

This form must be completed and returned in order for the bid to be considered responsive if any of the following are involved:

• Certified SB/DVBE prime contractors who are not the direct manufacturer of the contracted goods or direct provider of contracted services and not using subcontractors

• Certified SB/DVBE prime contractors using any subcontractors

• Certified SB/DVBE subcontractors

Military and Veterans Code Section 999 and Government Code Section 14837 establish that a certified SB or DVBE must perform a "commercially useful function (CUF)". CUF is defined as a business that meets ALL of the following four requirements:

If the answer to any of the questions listed above is "No", the certified vendor in question is not performing a

CUF and will not be considered for the proposed contract "as is".

Please sign and return this form as required by the solicitation.

Vendor Name:

proposed contract?

Certified vendor carries out its obligation by actually performing, managing, or

Certified vendor performs work that is normal for its business services, and function?

Certified vendor is not further subcontracting a portion of normal industry practices?

Yes No

Yes No

Yes No

Yes No