Masterword_Contract.pdf

Request for Proposal

Solicitation No. BPM005862

Statewide Real-Time Captioning (CART) and Sign Language Interpreter Services

Statewide Real-Time Captioning (CART) and Sign Language Interpreter Services

Arizona Department of Administration State Procurement Office

Solicitation Attachment – Offer and Acceptance | Revision No. 5 | Revised 05-23

Attachment 01 – Offer and Acceptance Form

SUBMISSION OF OFFER: The undersigned hereby offers and agrees to provide Statewide Real-Time Captioning (CART) and Sign Language Interpreter Services in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the Offer indicated by the latest dated version below:

Initial Offer:

3/14/2024

Date Signature

Revised Offers:

Date Signature Date Signature

Date Signature Date Signature

Best and Final Offer:

Date Signature

MasterWord Services, Inc.

Offeror company name Signature of person authorized to sign Offer

303 Stafford Street Ludmila Golovine, President/CEO

Address Printed name and Title

Houston, TX 77079 M. Cody Francisco, Director, Deaf and Hard of Hearing

City, State, ZIP Contact name and Title contracts@masterword.com 281-589-0810

CERTIFICATION: By signature in the above, Offeror certifies that it: Contact email address Contact phone number

1. Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Orders 2023-09, 2023-01, 2009-09 or A.R.S. §§ 41-1461 through 41-1465;

2. Has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or Service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. Complies with A.R.S. § 18-132 when offering electronics or information technology products, Services, or maintenance;

4. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time per the Instructions to Offers. Any extensions to the Offer Acceptance Period shall be made in accordance with the A.A.C. R2-7-C310;

5. Did not and will not involve collusion or other anti-competitive practices; and

6. Is not debarred from, or otherwise prohibited from, participating in any contract awarded by federal, state, or local government.

ACCEPTANCE OF OFFER

The offer is hereby accepted.

The Contractor is now bound to sell the Materials or Services listed by the attached Contract and based upon the Solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

The Contract shall henceforth be referred to as Contract No.

The effective date of the Contract is

The Contractor is cautioned not to commence any billable work or to provide any Material or Service under this Contract until Contractor receives purchase order, contract release document, or written notice to proceed.

State of Arizona Awarded this day of 20

Doc ID: ab2dcecc85c0f1e29d52e91ad8a59471178d5efb

CTR072002

June 1, 2024

May 24, 2024 mailto:contracts@masterword.com

Statewide Real-Time Captioning (CART) and Sign Language Interpreter Services

Statewide Real-Time Captioning (CART) and Sign Language Interpreter Services

Arizona Department of Administration State Procurement Office

Solicitation Attachment – Offer and Acceptance | Revision No. 5 | Revised 05-23

Procurement officer signature

Doc ID: ab2dcecc85c0f1e29d52e91ad8a59471178d5efb under A.R.S. § 41-2534

Notice Page

Arizona Department of Administration State Procurement Office 1802 W. Jackson, #100

Phoenix, AZ 85007

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 1 of 82

Solicitation Number: BPM005862

Description: Statewide Real-Time Captioning (CART) and Sign Language Interpreter Services

Solicitation Due Date and Time: March 6, 2024 at 3:00 PM AZ Time

Pre-Offer Conference: Tuesday, February 20 · 1:00 – 3:00pm

Statewide Real-Time Captioning (CART) and ASL Pre-Offer Conference Tuesday, February 20 · 1:00 – 3:00pm Time zone: America/Phoenix Meeting ID meet.google.com/tiu-anqa-dyu Phone Numbers

(US)+1 240-532-3543

PIN: 709 398 193#

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the “State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s eProcurement System to the State’s eProcurement System Help Desk by phone at (602) 542-7600, option 2; or by email to app@azdoa.gov.

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the “State’s eProcurement System”.

It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

https://meet.google.com/tiu-anqa-dyu?hs=122&authuser=0 tel:%E2%80%AA+1%20240-532-3543%E2%80%AC https://app.az.gov/ https://app.az.gov/ mailto:app@azdoa.gov

Statewide Real-Time Captioning (CART) and Sign

Arizona Department of Administration State Procurement Office

100 N 15th Avenue

Solicitation Summary Page 2 of 48

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

Table of Contents Request for Proposal under A.R.S. § 41-2534

Arizona Department of Administration State Procurement Office

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 3 of 82

Click here to return to the Table of Contents

Notice Page

Table of Contents

Solicitation Summary 3 Scope of Work 5 Special Terms and Conditions 6 Addendum A to the Special Terms and Conditions 40 Addendum B to the Special Terms and Conditions 41 Uniform Terms and Conditions 45 Exhibits 62

Solicitation Summary

Arizona Department of Administration State Procurement Office

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Solicitation Summary

1. What is the State Soliciting?

The Arizona Department of Administration, State Procurement Office (the State), as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more mandatory statewide Contracts, to provide Statewide Real-Time Captioning (CART) and Sign Language Interpreter Services.

The State anticipates awarding contract(s) with the intent to secure service coverage statewide.

Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

The State reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. The State may otherwise determine, at its sole discretion that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM005862 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Addendum B to the Special Terms and Conditions

2.1.1.8. Uniform Terms and Conditions

2.1.1.9. Exhibits A: AZ Interpreter Licensure Guideline Chart

2.1.1.10. Exhibit B: Hours of Operation and Holidays

2.1.2. Attachment: BPM005862 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Uniform Instructions to Offerors (RFP)

2.1.3. Solicitation Attachments

Solicitation Summary

Arizona Department of Administration State Procurement Office

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2.1.3.1. Offer and Acceptance

2.1.3.2. Boycott of Israel Disclosure

2.1.3.3. Forced Labor of Ethnic Uyghurs Ban

2.1.3.4. Confidential Information Designation

2.1.3.5. Conformance Statements with Supplement Documents;

Exceptions to Instructions, Scope, and Contract Terms and Conditions

2.1.3.6. Key Personnel

2.1.3.7. Letter of Insurability

2.1.3.8. Organization Profile

2.1.3.9. Proposed Subcontractors

2.1.3.10. Experience and Capacity Response

2.1.3.11. References

2.1.3.12. Method of Approach

2.1.3.13. Pricing Document

2.1.3.14. Business Associate Agreement (HIPPA)

2.1.3.15. AZ Baseline Infrastructure Security Controls

2.1.3.16. Prerequisite Assessment of Arizona Baseline Infrastructure

Security Controls

2.2. The State may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents.

Scope of Work

Arizona Department of Administration State Procurement Office

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Scope of W ork

Scope of Work

MODIFIED Provision

Solicitation Scope of work 7.8

Have the right to cancel an assignment, without penalty or charge, if the Requester notifies the Contractor two (2) days prior to the assignment time and date including for weekend activities.

Modified provision

Scope of work 7.8

• Have the right to cancel an assignment, without penalty or charge, if the Requester notifies the Contractor two (2) business days prior to the assignment time and date including for weekend activities.

MODIFIED Provision

Solicitation Scope of work 7.9

1.1. If the Requester fails to notify the Contractor within (2) two days of cancellation the Requester will reimburse the Contractor for the requested hours of service with a (2) two-hour rate minimum, in accordance with the applicable rates contained in the Price Sheet (Attachment 13).

Modified provision Scope of work 7.9

• If the Requester fails to notify the Contractor within (2) two business days of cancellation the Requester will reimburse the Contractor for the requested hours of service with a (2) two-hour rate minimum or length of requested time, whichever is greater, in accordance with the applicable rates contained in the Price Sheet (Attachment 13).

1. Purpose and Background

1.2. Purpose: The State of Arizona Department of Administration, State Procurement Office (defined as “The State”) is seeking to enter into contracts with qualified Real- Time Captioning and Sign Language interpreters and translators to provide services for the State of Arizona, it’s Agencies, Boards and Commissions as well as Participating Members of the State Purchasing Cooperative (collectively herein referred to as Eligible Agencies).

1.3. Background/Mission: The objective is to remove language and other communication barriers by ensuring accessibility for any State of Arizona department, agency, university, commission, or board (hereafter referred to as

Arizona Department of Administration State Procurement Office

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Eligible Agencies), and Co-Op Buyers, employees and/or consumers who are Deaf, Hard of Hearing, Deafblind, persons with Combined Hearing and Vision Loss, or persons with speech difficulties and in doing so, support Eligible Agencies in complying with the provisions of the Americans with Disabilities Act (ADA).

Interpreting and real-time captioning services are used in a variety of settings, which include, but are not limited to: business meetings, personnel training, official courtroom and other legal proceedings, K-12 classrooms, post-secondary classrooms, religious services, medical appointments, mental health settings, correctional facilities, private homes and residential facilities, as well as artistic venues and captioning services to include: Sign Language Interpreters, Oral Interpreters, Video Remote Interpreting (VRI), and Real-Time Captioning or Communication Access Real-time Translation (CART) services for Eligible Agencies and Co-Op Buyers (hereafter referred to as the Requester).

1.4. Projected Awards: It is the intent of the State to award multiple contracts for the required services and it is the intention of the State to award contracts that will provide coverage for all of these services throughout the State of Arizona.

1.5. Projected Utilization: The estimated dollar volume of services purchased under the proposed contract is approximately $2 to $3 million annually based on historical usage data and anticipated volumes. This contract will be used on an as-needed basis; the State makes no guarantee as to actual spend under any resultant contract.

2. Definitions

2.1. Qualified Interpreter/ Qualified Deaf interpreter: A person who holds an Arizona license, holds adequate certification, and is able to interpret effectively, accurately, and impartially, facilitating communication in a visual and tactile form using any necessary specialized vocabulary or visual or tactile cues.

2.2. Pre or Post Production: Means time needed to prepare for a CART or ASL meeting and post production is the final stage of CART production.

2.3. License: Means a valid license of competency authorized by the Arizona Commission for the Deaf and the Hard of Hearing (ACDHH), pursuant to A.R.S.

§36-1946.

2.4. Educational Interpreter for the Hearing Impaired: Persons employed by or contracting with schools and school districts to provide educational interpreting services for hearing impaired students for activities specified in students’ Individualized Education Program (IEP).

Arizona Department of Administration State Procurement Office

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2.5. Certification: Means a current and valid certificate of competency issued from, at least, one of the following: (Proof of personnel certification can be a copy of RID membership card in place of actual certificate.)

2.5.1. RID: (Registry of Interpreters for the Deaf) Certification

2.5.2. NAD: (National Association of the Deaf) Certification - Level III, IV, V

2.5.3. NIC: (National Interpreter Certification) - NIC (Certified), NIC Advanced and NIC

2.5.4. BEI: (Board if Evaluation of Interpreters) - Basic, Advanced, Master, Court

Interpreter Certificate, Oral Certificates, Trilingual Advanced, Trilingual Master, Morphemic Sign System, Signing Exact English, Medical Interpreter Certification, Level I, Level II, Level III, Level IV, Level V, Level III Intermediary, Level IV Intermediary, Level V Intermediary

2.5.5. TECUNlT™: (Testing, Evaluation, & Certification Unit, Inc.) - Cued Language Translator National Certification Examination (CLTNCE) Certification

2.5.6. EIPA: (Educational Interpreter Performance Assessment) - Rating 3.5 or Higher for Educational Interpreting K-12 only an Accredited entity out of the Texas Department of Health and Human Services.

2.6. Qualified personnel: means a person who holds a valid certification from the National Court Reporters Association (NCRA) or the National Verbatim Reporters Association (NVRA) and is able to translate 100% of what is said with a minimum of 96% accuracy.

2.7. Certification: means a current and valid certificate of competency issued by either NCRA or NVRA for at least one of the following:

2.7.1. CRR – Certified Real Time Reporter

2.7.2. CRC – Certified Real Time Captioner

2.7.3. CVR – Certified Verbatim Reporter

2.7.4. RPR – Registered Professional Reporter

2.7.5. NCSP – Non-certified Speech-to-Text Provider

3. Scope of Work

3.1. Mandatory Requirements: The Contractor Shall

3.1.1. Provide qualified interpreters or qualified Deaf interpreters who hold an Arizona license and appropriate certifications to provide the following types of services:

3.1.1.1. Sign language

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3.1.1.2. Platform

3.1.1.3. Tactile

3.1.1.4. Low vision

3.1.1.5. Oral interpretation services

3.1.1.6. Cued speech transliteration services

3.1.1.7. Video remote interpreting services

3.1.1.8. Real-time captioning

3.2. Provide personnel with the knowledge and expertise required by the specific situation.

3.2.1. In the event of a conflict in determining the appropriate level of expertise, the Requester will have final authority.

3.3. Respond to submitted requests, confirming the assignment and providing the Requester the name of the interpreter.

3.4. Ensure that all personnel assigned by the Contractor are:

3.4.1. Employees or approved subcontractors at the time of any specific work assignment;

3.4.2. Hold a valid Arizona Sign Language Interpreter License (unless in a K-12 educational setting in conjunction with an Individualized Education Program or IEP) AZ Interpreter Licensure Guideline Chart (Exhibit A).

3.4.3. Possess the qualifications for the required assignment; and

3.4.4. Have the ability to perform the duties required by the Requester

3.5. The number of personnel required for any assignment shall be determined in consultation with the Requester factoring in the length of assignment, number of consumers and subject matter.

3.6. Ensure that personnel (interpreters) function in only one role when providing services. A single person cannot provide multiple services at one time.

3.7. Respond within one (1) business day for requests submitted more than four (4) days in advance and provide the Requester on-site contact with the interpreter’s name, within two

(2) days prior to the assignment.

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3.7.1. For requests submitted with less than four (4) days in advance, but more 24 hours in advance of the assignment, the Contractor shall respond within six (6) working hours after receipt.

3.7.2. When a request is submitted less than 24 hours in advance, the Contractor shall respond within a mutually agreed timeframe.

3.8. Ensure that If a specific interpreter has been requested by the Requester and confirmed by the Contractor, or if an interpreter is on-site providing services, no substitution can be made without notification to and approval from the Requestor

3.9. Provide verification of the time actually spent on that assignment to the appropriate Requester representative present upon completion of an interpreting assignment (excluding academic/educational settings).

3.9.1. The interpreter, as well as the individual(s) utilizing or ordering the interpreting services, shall sign this verification. A copy of this verification shall remain in the Contractor's records.

3.9.2. If requested, the Contractor shall provide a copy of this signed verification form with the request for payment submitted to the Requester.

3.10. Ensure that all Interpreters provided under the Contract adhere to the NAD-RID Code of Professional Conduct co-authored by the National Association of the Deaf (NAD) and the Registry of Interpreters for the Deaf (RID).

3.10.1. The Code may be viewed at http://rid.org/ethics/

3.10.2. Ensure that CART providers adhere to the NCRA Code of Professional Ethics and/or to the NVRA Code of Ethics.

3.10.3. The NCRA, NVRA, and BEI Codes may be viewed respectively at the following sites:

a.) NCRA https://www.ncra.org/home/professionals_resources/NCRA- Code-of-Professional-Ethics b.) NVRA https://nvra.org/page/CodeofEthics c.)BEI https://hhs.texas.gov/doing-business-hhs/provider-portals/assistive-services-providers/board-evaluation-interpreters-certification-program/code-professional-conduct http://rid.org/ethics/ https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics https://nvra.org/page/CodeofEthics https://hhs.texas.gov/doing-business-hhs/provider-portals/assistive-services-providers/board-evaluation-interpreters-certification-program/code-professional-conduct https://hhs.texas.gov/doing-business-hhs/provider-portals/assistive-services-providers/board-evaluation-interpreters-certification-program/code-professional-conduct https://hhs.texas.gov/doing-business-hhs/provider-portals/assistive-services-providers/board-evaluation-interpreters-certification-program/code-professional-conduct

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3.11. Ensure that all Interpreters provided under the Contract adhere to the applicable work policies, standards, procedures, rules and regulation of Eligible Agencies and Co Op Buyers for which services are performed. These include, but are not limited to the following:

3.11.1. No smoking/eating/drinking in work area, with the exception of water.

3.11.2. Signing in and presenting positive identification upon reporting for duty.

3.11.3. Interacting cordially with Requester personnel.

3.11.4. Responding professionally to Requester supervisory personnel.

3.11.5. Park in assigned locations when reporting for duty.

3.11.6. Complying with the Requester rules as required (I.E. dress codes, physical, fire, safety and security rules and regulations). a.) In the event that interpreters fail to comply to directions or security regulations, or demonstrate that they are not qualified to perform the duties required, interpreter shall be replaced with another approved interpreter at no cost to the Requester.

3.12. Ensure that the Contractor personnel sign and adhere to a Business Associate Agreement (Exhibit C) as needed for HIPAA compliance for work in settings where health information may be disclosed.

3.12.1. Exhibit C is written for specific assignments for services related to the Arizona Attorney General’s Office, the Arizona Department of Economic Security, the Arizona Department of Health Services or the State Risk Management in representing the Arizona Health Care Cost Containment System. However, Exhibit C is representative of agreements other requesting Agencies may use.

3.12.2. Sign the Certification of Confidentiality Awareness Form (Exhibit D) and adhere to specific requirements as outlined in Special Terms and Conditions Assignments providing services related to the Arizona Department of Revenue.

4. In-person Sign Language Interpreter Services

The Contractor shall:

4.1. Maintain adequate personnel and transportation resources to ensure their ability to provide services in any location within the State.

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4.2. Provide equal access and act as an interpreter between individuals who are hearing and individuals who are deaf or hard of hearing, as required by the Requester.

4.3. Interpret from voice to sign and vice versa.

4.4. Utilize an Arizona Licensed, Certified Deaf Interpreter (CDI) to facilitate communication when the communication mode of a deaf consumer is so unique that communication cannot be adequately accessed by interpreters who are hearing.

4.4.1. A Situations requiring a CDI may involve individuals who:

a.) Use idiosyncratic non-standard signs or gesture such as those commonly referred to as "home signs" which are unique to a family.

b.) Specialized communication modalities/ techniques (Tactile, Protactile, Haptic, Vision field management) c.) Use a foreign sign language.

d.) Have minimal or limited communication skills.

e.) Are deafblind or deaf with limited vision.

f.) Use sign particular to a given region, ethnic or age group.

g.) Have characteristics reflective of Deaf Culture not familiar to hearing interpreters.

4.4.2. A CDI may work as a team member in collaboration with another Arizona licensed situations where:

a.) each interpreter receives the message in one communication mode (or language), b.) processes it linguistically and culturally; and then c.) passes it on in the appropriate communication mode to transmit message content between a deaf consumer and a hearing interpreter and vice versa.

d.) A certified Cued Speech Translator shall facilitate communication between spoken and cued English users.

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4.5. Assign personnel who possess the requisite skills and vocabulary necessary to ensure they are qualified for the specific assignment for work in specialized settings, such as work in medical, mental health, legal, and educational environments and comply with the following requirements:

4.5.1. Secure Parameter of Prisons and/or Secure Settings: For assignments providing services within the secure parameter of prisons and/or secure settings, Contractor personnel shall be subject to a multi-step procedure by The Requester including a criminal background check prior to entering the facility.

a.) Allow the Requester to fingerprint interpreters (at the Contractor’s expense) who will enter correctional facilities regularly. The Requester will accept completed fingerprint cards performed by local police departments.

b.) The Department of Corrections and the Department of Juvenile Corrections may produce an identification card for the interpreter(s) at no charge to the Contractor. 1.) The I.D. card shall be worn while on prison grounds.

c.) The Requester reserve the right to deny entry to any interpreter whose conduct on previous occasions had not been appropriate in interacting with an inmate population.

4.5.2. Health Care Setting: For services provided in a health care setting, the Contractor and assigned personnel shall follow the National Standards of Practice for Interpreters in Health Care issued by the National Council on Interpreting in Health Care.

a.) Specifics on these standards can be found at http://www.ncihc.org/ethics-and-standards-of-practice.

b.) For work in settings where health information may be disclosed, the Requester may require that the Contractor personnel sign and adhere to a Business Associate Agreement (Exhibit C).

4.5.3. A Educational Interpreters (K-12 and post-secondary): shall be qualified to facilitate communication between deaf students, teachers, service providers and peers within academic/educational settings and environments. a.) These include but are not limited to: 1.) In and outside of the classrooms; 2.) instructional activities; 3.) field trips; 4.) club meetings;

5.) assemblies; 6.) counseling sessions; and 7.) athletic competitions.

http://www.ncihc.org/ethics-and-

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The Contractor shall b.) Ensure that in Educational settings (K-12) educational interpreters for the hearing impaired: 1.) Have a high school diploma or GED; 2.) Hold a valid fingerprint clearance card, and 3.) Show proficiency in interpreting skills through one of the following: i.) A minimum passing score of 3.5 or higher on the Educational Interpreter Performance Assessment (EIPA), or ii.) Hold a valid Certificate of Interpretation (CI) and/or Certificate of Transliteration (CT) from the Registry of Interpreters for the Deaf (RID), or iii.) Hold a valid certificate from the National Association of the Deaf (NAD) at level 3 or higher.

4.5.4. A Legal Proceeding: In the event interpreting services are required for any legal proceeding where a deaf person is a party, the Contractor shall provide an interpreter with a valid Arizona Legal Sign Language Interpreting License with the appropriate class for the assignment (Class A, C, or D pursuant to A.R.S. § 36-1946(A) and A.A.C. Title 9, Chapter 26, Article 5. Interpreter Licensure and Regulations).

4.5.5. Artistic Venues: For interpreting services required for Artistic venues, the Requester and Contractor shall determine:

a.) the number of interpreters needed;

b.) desired skill level; and c.) amount of preparation time necessary to fulfill an assignment.

d.) Ensure that assigned personnel shall have, at a minimum, .6 CEU hours of completed training in the performing arts within the prior two years, which can include coaching and mentoring.

4.5.6. Assignments providing services related to the Arizona Department of Revenue shall require the Contractor to sign the Certification of Confidentiality Awareness Form (Exhibit D) and adhere to specific requirements as outlined in Special Terms and Conditions.

5. Video Remote Interpreting (VRI) Services

The Contractor shall:

5.1. Provide interpreting services via videoconferencing equipment, using either IP internet or ISDN protocols.

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5.2. Maintain adequate personnel and equipment to ensure their ability to offer services as needed.

5.3. Ensure that the contracted VRI provider(s) personnel assigned are qualified interpreters who have the necessary competencies and experience in the settings for which they will work.

5.4. Verify that VRI interpreters physically located in or outside of the State in Arizona, serving Arizona residents, possess a valid Arizona license

5.5. The contracted VRI provider(s) shall assist the Requester in assessing the appropriateness of using VRI and determining the viability or effectiveness of the service, and qualifications of the video remote interpreter for each specific situation. Prior to the assignment, the Contractor shall determine, through discussion with Requester, what supplies and equipment are needed, especially regarding display and dissemination of the assignment content.

5.6. VRI may be arranged in advance, by appointment with at least 48 hours’ notice, or requested on demand, 24 hours a day, seven days per week.

5.7. With on-demand VRI services, interpreters shall be available within 30 minutes of the initial contact.

5.8. Verify the compatibility and connectivity of the technical set-up for any VRI assignment.

5.9. Assign VRI provider to work as a team member in collaboration with another licensed interpreter.

5.10. Adjust to VRI when contractor is unable to provide In-Person services on an On- Demand basis with no penalties or charges to the Requester.

6. Real-time Captioning (CART) Services

6.1. Only accept assignments and/or assign personnel who possess the requisite skills competencies to perform the functions of the assignment.

6.2. Maintain adequate personnel and resources to ensure their ability to provide simultaneous display of word-for-word speech-to-text translation services in a

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6.3. Variations include:

a.) one-on-one (laptop/ tablet display), b.) larger group (projector display), c.) CART for individuals who are Deafblind (Braille display – requires the appropriate equipment/software with the ability to split up to two receivers), d.) CART for ESL Learners, and e.) Spanish CART.

6.4. CART may be transmitted to/through:

6.4.1. Handheld device;

6.4.2. Over the internet via text;

6.4.3. Videoconferencing;

6.4.4. Video casting – over the internet;

6.4.5. Wireless onsite CART (CART provider is in the room); and

6.4.6. Remote CART (CART provider is in a remote location) webcast, using either online meeting software or stand-alone router.

6.5. Ensure that all CART providers use a secure network connection as to prevent unwanted disclosure of transmitted information.

6.6. Be responsible to determine the necessary equipment for each assignment and which party shall be responsible to provide specific equipment, either the Contractor or the Requester.

6.6.1. In all cases, before accepting an assignment to display with external monitors or equipment, the CART provider shall understand the operation of the equipment as well as establish and test hardware and software compatibility.

6.7. In the event of equipment failure on the part of the CART provider, only bill for the time during which full service was provided.

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6.8. It shall be the responsibility of both the Contractor and the Requester to determine the specifics regarding the display, confidentiality, and dissemination of the assignment text prior to the assignment

6.8.1. The need for transcripts shall be determined on a case-by-case basis. a.)

Transcripts provided shall include a disclaimer stating that the transcript is not official documentation of the event and cannot be used as such.

6.9. In collaboration with the requester be responsible for determining if on-site or remote CART services are a viable option for providing effective communication.

6.10. When requested, assign the CART provider that will work as a team member in collaboration with an Arizona licensed interpreter.

7. Eligible Agencies and Co-Op Buyers Responsibilities:

The Requester will:

7.1. Utilize email, or an equivalent process of submitting information through electronic requests.

7.2. Provide the relevant information regarding the specific situation including such details as type of setting, if any specialty or advanced skill is required, appropriate attire, etc.

7.3. Provide a clear and detailed assignment description is prepared and provided at the time the Contractor for educational settings (K-12 or post-secondary).

7.4. This assignment description will be provided for the purposes of discussion and agreement and it will identify, at a minimum:

7.4.1. The academic/educational setting or environment;

7.4.2. The interpreter’s duties;

7.4.3. Cancellation provisions; and

7.4.4. Pay rate to be received.

7.5. Retain the right to interview all perspective interpreters, if necessary, and to accept or reject any or all, based upon skills required and the background and experience of each individual for any given assignment.

7.5.1. A copy of the interpreter’s license and/or certification may be requested from the Contractor, at the time of confirmation of an assignment.

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7.6. Have direct control over the daily activities of the Contractor’s employee or approved subcontractor assigned to the task.

7.7. Have the right to have an assignment moved from in-person to VRI within the 48 hour window without charge.

7.8. Have the right to cancel an assignment, without penalty or charge, if the Requester notifies the Contractor two (2) days prior to the assignment time and date including for weekend activities.

7.9. If the Requester fails to notify the Contractor within (2) two days of cancellation the Requester will reimburse the Contractor for the requested hours of service with a

(2) two-hour rate minimum, in accordance with the applicable rates contained in the Price Sheet (Attachment 13).

7.10. In the event that the Requester cancels an initial assignment, the interpreter may be reassigned to an alternate assignment for the Requester if the following conditions apply:

7.10.1. The reassignment has the same starting and ending times;

7.10.2. The interpreter is an Arizona licensed sign language interpreter (unless in a K-12 educational setting in conjunction with an Individualized Education Program or IEP); and

7.10.3. If the interpreter meets requirements for the second assignment.

7.10.4. The reassignment is within 5 miles of the original assignment.

Note: There shall be no separate billing for an alternate assignment.

8. Cancelation

8.1. Notify the Requester immediately and attempt to replace the interpreter if the interpreter assigned by the Contractor cancel prior to the assignment.

8.2. Reimburse the Requester for any additional costs incurred, in accordance with the terms and conditions of this contract if the Requester elect to procure the services of a substitute interpreter from another Contractor due to:

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8.3. If Assigned interpreter fail to appear at the time and place specified after the Contractor has confirmed the assignment, or

8.3.1. Assigned interpreter does not meet the qualification requirements for the assignment.

8.4. Failure to perform the requested services or lack of performance by the Contractor may be considered a material breach of contract by the State and the State may seek remedies in accordance with the terms and conditions of this contract.

9. Reporting and Invoicing Requirements

The Contractor shall:

9.1. Prepare all reports and summaries in accordance with State guidelines and in the format approved by the Requester.

9.2. Invoicing: Upon the receipt and acceptance of goods or services, submit a complete an itemized invoice with supporting backup documents.

9.3. Have an agreement with the agency before billing for extra services performed at time of service.

10. Travel and Mileage

10.1. Travel time may be billed per Attachment 13 Pricing Document, or the contractor may bill for mileage as per AZ State SAAM policy. https://gao.az.gov/state-arizona-accounting-manual-saam https://gao.az.gov/state-arizona-accounting-manual-saam https://gao.az.gov/state-arizona-accounting-manual-saam

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Special Terms and Conditions

The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

1.2.2. If State requested a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

1.2.3. If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.4. Arizona Risk and Authorization Management Program (AZRAMP): is used by the Arizona Department of Homeland Security to evaluate Cloud services and Contractors that will transfer, process, or store state data outside of state-managed or controlled networks, and has three levels of control review:

1.4.1. AZ Mandatory Control Baseline: 35 Controls

1.4.2. NIST Low Impact Control Baseline: Public Data Classification

1.4.3. NIST Moderate Impact Control Baseline: Confidential Data Classification

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1.5. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt

1.6. Attachment. Any item that:

1.6.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.6.2. Was attached to an Offer when submitted; and

1.6.3. Was included in the Accepted Offer.

1.7. Cloud Services: Cloud or Cloud Services means any Software as a Service (SaaS), Infrastructure as a Service (IaaS), or Platform as a Service (Paas) involving the transfer, processing, or storage of state Data outside the control of state-managed and controlled networks.

1.8. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.9. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with the State.

1.10. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.11. Co-Op Buyer: A member of the State Purchasing Cooperative that has entered into a “Cooperative Purchasing Agreement” with the Arizona Department of Administration State Procurement Office under A.R.S. § 41-2632. Unless there is an applicable Cooperative Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an “eligible procurement unit” under A.A.C. R2-7-101(23).

NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions, including cities, counties, school districts, and special districts. Membership is also available to non-profit organizations, other state governments, the federal government and tribal nations. For reference, “non-profit organizations” are defined in A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the I.R.S. under Section 501(c)(3) through 501(c)(6) of the tax code.

1.12. Data Breach: Data Breach is used herein as defined as stated in A.R.S. Title 18, chapter 5, article 4 (Data Security Breaches), or in any relevant state or federal standard, to indicate an unauthorized acquisition of and unauthorized access that materially https://azdor.gov/transaction-privilege-tax-tpt

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1.13. Eligible Agency:

1.13.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.13.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.13.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co-Op Buyer.

1.14. Federal Risk and Authorization Management Program (FedRAMP): A federal government program that provides a standardized approach to security assessment, authorization, and continuous monitoring specifically for Cloud products and services relied upon by federal entities that store, process and transmit federal information.

1.15. Instructions to Offerors: The Solicitation Instructions document of the Solicitation.

1.16. NIST: NIST is the National Institute of Standards and Technology. For more information, see https://www.nist.gov/.

1.16.1. NIST Low Impact: If a Contractor may process, transmit, or store non-sensitive State Data, metadata, and/or Data that may be released to the public that requires no additional levels of protection during its work under the Contract, then the Contractor shall follow the NIST Low Impact security controls as directed by the State Chief Privacy Officer (Enterprise Security, Privacy & Risk Compliance team).

1.16.2. NIST Moderate Impact: If a Contractor may process, transmit, or store one or more of the following types of Data during its work under the Contract, then the Contractor shall complete NIST Moderate Impact security controls (authorized or provisional) status:

1. Personal identifiable information (PII) as defined by U.S Dept. of Labor

(DOL);

https://www.nist.gov/

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2. Protective health information (PHI) as defined by HIPAA;

3. Payment card industry (PCI) Data as defined by PCI Security Std. Council

(PCI SSC);

4. Criminal justice information (CJI) Data;

5. Federal tax information (FTI) Data defined by IRS 1075;

6. Data that if lost or unavailable would either be disruptive to government operations or cause a loss of confidence of trust in the government;

7. Directed by the State Chief Privacy Officer (Enterprise Security, Privacy &

Risk Compliance team).

1.17. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders depends on the scope of the Contract and how the State will use it. The Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.18. State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No. 020, The State’s eProcurement System–The Official State eProcurement System. Technical Bulletin No. 020 is available online at:

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

1.19. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract.

With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.

1.20. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.21. StateRAMP: A non-profit organization that provides a uniform approach to verifying that the cybersecurity of Cloud service providers (CSPs) meets the standards and regulations needed to do business with state and local governments.

1.22. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

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2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to Contractor as apart from Subcontractors.

2.1.2. uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the relevant circumstances, provided that: (a) where written “may, at its discretion,” the discretion extends to whatever is most advantageous to State; and (b) where written only as “may,” the discretion is constrained by what is fair, reasonable, and as accommodating of the respective best interests of both parties as practicable under the circumstances;

2.1.3. uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

2.1.4. uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary…