SBS_2526-07_Translate__Interpret_and_Transcript_Services.pdf

SMALL BUSINESS SOLICITATION (SBS) 2526-07: TRANSLATION, INTERPRETATION

AND TRANSCRIPTION SERVICES

June 9, 2026

The mission of Department of Toxic Substances Control (DTSC) is to protect California’s people and environment from harmful effects of toxic substances by restoring contaminated resources, enforcing hazardous waste laws, reducing hazardous waste generation, and encouraging the manufacture of chemically safer products.

DTSC is soliciting bids from qualified bidders who have the ability to provide Translation, Interpretation and Transcription Services (e.g., interpreting at public meeting/hearing, workshops) for DTSC’s Site Mitigation and Restoration Program (SMRP)’s Cleanup in Vulnerable Communities Initiative (CVCI). The responding bidder shall be able to perform/provide all services in accordance with the attached Contract including, but not limited to: real-time interpretation at any function necessary for DTSC to conduct business (i.e., conferences, discussions, hearings, and public meetings, etc.) either on-site meetings across the state, or online meeting venues (such as on ZOOM, BlueJeans, or other similar platforms).

The term of the awarded Contract will be through June 29, 2028, and the total Contract award shall not exceed $100,000.00. Bids exceeding this amount will be deemed non-responsive and ineligible for award. If you are able to provide these services and are interested in bidding, please provide the following documents:

Attachment 1: Cost Sheet

Attachment 2: Certification of Interpreter or Translators

Attachment 3: Code of Ethics, Professional Conduct and Confidentiality Statement

Attachment 4: Bidder Declaration: the GSPD-05-105 Bidder Declaration form is for bidders to provide any current certifications (Small Business (SB), Disabled Veteran Business Enterprise (DVBE), etc.) they have been issued by the State of California and to list all subcontractors that will be working on this contract.

Attachment 5: Bidder Reference Form

Attachment 6: Commercially Useful Function (CUF) Evaluation Form

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

Department of Toxic Substances Control

SBS 2526-07

Bidder/Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder/Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

To submit a proposal to DTSC or learn more about the Proposed Contract or the requirements, please email contracts@dtsc.ca.gov and reference “SBS 2526-07” in the subject line. DTSC requests that we receive your proposals no later than June 23 at 3:00 PM via email to contracts@dtsc.ca.gov.

DTSC is very eager for the opportunity to support CA Small Businesses and hopes that you consider working with us to assist in our mission of protecting California’s people and environment from harmful effects of toxic substances.

Regards, Andrew Salz, Contract Development Analyst contracts@dtsc.ca.gov

ATTACHMENT 1: COST SHEET

A. Interpreting Services

Interpreting Services Unit (hour, day, etc.)

Standard Rate Rush Rate

Standard part day on- site Interpreting

Standard hours (8am-6pm) Hour $ $

After hours Hour $ $

Full-day on-site Interpreting

Standard hours Hour $ $

After hours Hour $ $

Minimum charge (Mon - Fri) Day $ $

(Saturday) Day $ $

Phone Interpreting

Standard hours (8am- 6pm) Hour $ $

After hours Hour $ $

Webinar or Online Meeting

Standard hours (8am- 6pm) Hour $ $

After hours Hour $ $

Technician Hourly rate Hour $ $

Equipment

Interpreter Station Meeting $ $

Table-top interpreter booth Meeting $ $

Transmitter(s) Meeting $ $

Sound/PA System (including speakers)

Meeting $ $

Mixer Meeting $ $

Receivers Meeting $ $

Cordless Microphone Each $ $

Corded Microphone Each $ $

Lavalier Microphone Each $ $

Projector Each $ $

Projection screen, 8' Each $ $

Laser pointers/Slide advancer

Each $ $

Headsets and Receivers Each $ $

SUBTOTAL

B. Translation Services

"Standard" Translation Services Unit (word, page) Standard Rate Rush Rate

Required Languages

(Customized to the dialect of the community)

English to Armenian Word $ $ English to Cantonese Word $ $ English to Farsi Word $ $ English to Hmong Word $ $ English to Korean Word $ $ English to Mandarin Word $ $ English to Samoan Word $ $ English to Russian Word $ $ English to Spanish Word $ $ English to Tagalog Word $ $ English to Vietnamese Word $ $ English to Japanese Word $ $

Languages that may be requested

(Customized to the dialect of the community)

English to Arabic Word $ $ English to Hindi Word $ $ English to Mixtec Word $ $ English io Nahuatl Word $ $ English to Pashto Word $ $ English to Portuguese Word $ $ English to Punjab Word $ $ English to Sindhi Word $ $ English to Somali Word $ $ English to Thai Word $ $ English to Urdu Word $ $ English to Zapotec Word $ $ Braille Page $ $

Additional Service(s)

Desktop Publishing

(DTP)

Page $ $

C. Transcription Services

D. Cancellation Fee/Policy: ________________________________________________

E. GRAND TOTAL OF A, B, C, AND D =__________________________________________

Transcription Services Unit (page, hour, etc.)

Standard Rate Rush Rate

Original + 1 Certified Copy - Meeting/Hearing

Page $ $

Reporter appearance fee/meetings after 5pm

Hour $ $

Weekend/Holiday Appearance Fee Hour $ $

PDF with word index Page $ $

E-transcript Page $ $

Expedited Delivery 9 days Page $ $

Expedited Delivery 8 days Page $ $

Expedited Delivery 7 days Page $ $

Expedited Delivery 6 days Page $ $

Expedited Delivery 5 days Page $ $

Expedited Delivery 4 days Page $ $

Expedited Delivery 3 days Page $ $

Expedited Delivery 2 days Page $ $

Expedited Delivery 1 day Page $ $

Additional Charges

Minimum Transcript + 1 copy Project $ $

Shipping & Handling Project $ $

Mileage Mile $ $

Wait time (after 30 minutes) Hour $ $

ATTACHMENT 2: CERTIFICATION OF INTERPRETER OR TRANSLATOR

All interpreters, translators and transcribers utilized to perform services under the contract must meet one (1) of the three (3) following minimum qualifications for the applicable language or service to be performed:

Minimum Qualifications I

1. All interpreters and translators, as applicable, have been tested and certified by a professional organization or association recognized as qualified by the industry; and

2. All transcribers, if utilized, have been tested, evaluated, or otherwise qualified through industry-recognized methods appropriate to the transcription services being performed; and

3. All interpreters or translators, as applicable, possess a valid certification (expiration date has not elapsed) that specifies the language(s) and is appropriate to the service(s) to be performed (interpretation and/or translation); and

4. The certification resulted from a competency test to measure the Interpreter and/or Translator's level of skill, in the applicable language(s); and

5. Documentation that certifies the Interpreter has engaged in continuous education training and has two (2) years’ experience working for the state, local or federal government as a contracted interpreter to ensure accuracy of interpreting using a wide range of vocabulary, language skills that include grammar, pronunciation, etymology, improvisation techniques, and cultural awareness.

Or, Minimum Qualifications II

1. When required by law, all interpreters and translators, as applicable, possess the required qualifications as stated in the statutes pertaining to the service. All transcribers shall possess any qualifications or certifications required by applicable federal, state or local law for the transcription services being performed. All interpreters utilized in legal/court proceedings, state administrative and medical hearings must possess valid (expiration date has not elapsed) certification issued by the Cooperative Personnel Services; and

2. Certification standards set forth by the Cooperative Personnel Services which include the ability to meet minimum performance standards in consecutive and simultaneous interpretation plus the ability to perform sight translations of written and knowledge of correct usage of legal terminology.

Or, Minimum Qualifications III

1. In instances where the Contractor self-certifies/tests its interpreters, translators and/or transcribers, the Contractor must substantiate the following information:

A. Interpreters:

For all interpreters, the Contractor certifies:

1. Information is maintained that specifies how the Interpreter's language fluency was verified/tested; and

2. The date interpreter's fluency was verified/tested is maintained on file; and

3. Documentation is maintained to identify the language(s) the Interpreter is qualified to provide interpreter services; and

4. Documentation is maintained to identify the level of competency verified/tested (e.g., general conversational, legal, medical or scientific) and the score or rating assigned to identify the Interpreter's level of fluency; and

5. Documentation is maintained that certifies the Interpreter has a minimum of three years of professional experience that includes contracting with state, local, or federal government entities, submits proof of attending ethic workshops and proof of adequate continuing education that includes training, and professional experience up to 30 hours a year performing interpreter services in the applicable language. Two of the three years' experience must have been acquired within the last two years.

6. Documentation is maintained that certifies the Interpreter has engaged in continuous education training and has two years’ experience working for the state, local or federal government as a contracted interpreter to ensure accuracy of interpreting using a wide range of vocabulary, language skills that include grammar, pronunciation, etymology, improvisation techniques, code of ethics, and cultural awareness.

B. Translators:

For all translators, the Contractor certifies:

1. Information is maintained to verify translator's knowledge of the written language equivalent to that of a university-educated native speaker (baccalaureate level), or continuous education training and two years’ experience working for the state, local or federal government as a contracted translator to ensure accuracy of translations using a wide range of vocabulary, language skills that include grammar, pronunciation, etymology, improvisation techniques, and cultural awareness; and

2. Information is maintained that specifies how the Translator's language fluency is verified/tested; and

3. The date translator's fluency was verified/tested is maintained on file; and

4. Documentation is maintained to identify the non-English language the Translator is qualified to provide translation services; and

5. Documentation is maintained to identify the level of competency verified/tested (e.g., general conversational, legal, medical or scientific) and the score or rating assigned to identify the Translators' level of fluency; and

6. Documentation is maintained that certifies translators have a minimum of four years of professional experience satisfactorily performing translator services in the applicable language. Two of the four years' experience must have been acquired within the last two (2) years.

C. Transcribers

1. Information is maintained that verifies the Transcriber’s proficiency in accurately converting spoken language into written text in the applicable language(s); and

2. Documentation is maintained identifying the language(s) the Transcriber is qualified to transcribe; and

3. Documentation is maintained identifying the level of competency verified/tested and any score, rating or evaluation assigned to identify the Transcriber’s proficiency; and

4. Documentation is maintained that certifies Transcribers have a minimum of two

(2) years of professional experience satisfactorily performing transcription services in the applicable language(s).

I, the undersigned, do hereby certify that all interpreters and/or translators, as applicable, to be utilized to perform services under this agreement, meet the above minimum qualifications.

Additionally, the undersigned agrees to maintain all required documentation stated in this certification and provide to state agency upon request.

Signed By:

Title

Date

ATTACHMENT 3: CODE OF ETHICS, PROFESSIONAL CONDUCT AND CONFIDENTIALITY

STATEMENT

A. ETHICS:

1. Cultural sensitivity & courtesy: Interpreters, translators and transcribers shall be culturally competent, sensitive and respectful of the individual(s) they serve.

2. Impartiality: Interpreters, translators and transcribers shall maintain impartiality and shall not counsel, advise or project their own personal biases or beliefs. The interpreter, translator and transcriber shall avoid distorting the message in favor of one party or the other.

3. Non-discrimination: Interpreters, translators and transcribers shall always be neutral, impartial and unbiased. Interpreters/translators/transcribers shall not discriminate on the basis of gender, disability, race, color, national origin, age, socio-economic or educational status or religious, political or sexual orientation.

4. Conflict of interest: Interpreters, translators and transcribers shall disclose any real or perceived conflict of interest which would affect their objectivity in the delivery of services. Providing interpretation, translation, or transcription services for family members or friends may violate the individual's right to confidentiality, or constitute a conflict of interest.

5. Withdrawal: Interpreters, translators and transcribers, who are unable to ethically perform in a given situation, shall refuse or withdraw from the assignment without threat or retaliation.

B. Professional Conduct:

1. Professional integrity: Interpreters, translators and transcribers shall demonstrate professionalism and personal integrity, including:

• If the interpreter, translator or transcriber believes he or she may have interpreted/translated/transcribed inaccurately or incompletely, he or she will make this known and, if possible, provide a corrected interpretation/translation/transcription.

• If the interpreter, translator or transcriber believes he or she is so impacted by the content to be interpreted/translated/transcribed, that he or she becomes unable to interpret/translate accurately and completely, he or she shall inform the parties of their intent to withdraw without threat or retaliation.

2. Accuracy: Interpreters, translators and transcribers shall render the message faithfully, conveying the content, spirit and cultural context of the original message.

This means the interpreter, translator or transcriber shall interpret everything the speaker or document says without changing the meaning, conveying what is said and how it is said, without additions, omissions or alterations, but with due consideration of the cultural context of both the sender and the receiver of the message.

3. Role boundaries: Interpreters, translators and transcribers shall maintain the boundaries of their professional role, refraining from personal involvement. This does not mean that an interpreter cannot be friendly or develop a rapport with the person speaking, but does not represent personal involvement in their interpretation.

4. Self-evaluation: Interpreters, translators and transcribers shall accurately and completely represent their certifications, education, training and experience.

5. Personal demeanor: Interpreters, translators and transcribers shall be punctual, prepared and dressed in an appropriate manner and not distracting from the situation.

6. Inability to perform: Interpreters, translators and transcribers shall assess, at all times, their ability to interpret/translate/transcribe. Should interpreters, translators or transcribers have any reservations about their competency to perform in any given situation, they must immediately notify the parties and offer to withdraw without threat or retaliation.

7. Professional development and training: Interpreters, translators and transcribers shall make a reasonable effort to acquire ongoing development of their skills and knowledge through professional training, continuing education, and interaction with colleagues, and specialists in related fields.

8. Cultural competency: Interpreters, translators and transcribers shall develop awareness of their own and other cultures in order to promote cross-cultural understanding. Interpreters, translators and transcribers will strive to bridge the cultural differences between all participating parties, by seeking to minimize, and avoid potential misunderstandings based upon stereotyping and/or differing cultural practices, beliefs, or expectations. When clashing cultural beliefs or practices, a lack of linguistic equivalency, or the inability of parties to explain in their own words are encountered, the interpreter, translator or transcriber may assist by sharing cultural information or helping develop an explanation that can be understood by all.

9. Cancellation or withdrawal by client. If client cancels or withdraws any portion of the assignment, the client shall pay the translator/transcriber the portion of the fee established by the contract.

10. Client’s review of translation. Upon receipt of the translation from the translator or transcriber, client shall promptly review it, and with 30 days after receipt, shall notify the translator/transcriber of any requested corrections or changes. The translator/transcriber shall correct, at no cost to the Client, any errors made by the translator/transcriber.

C. Confidentiality:

1. Interpreters, translators and transcribers shall not divulge any information learned in the performance of professional duties. This includes any documents or other written materials.

2. Confidentiality is to be maintained in all situations, except when legally mandated to disclose information in specific situations such as child abuse, elder abuse, a person threatening harm to him/herself or others, or where the Interpreter/Translator determines to the best of their ability, that non-disclosure may result in harm.

3. Disclosure: Interpreters, translators and transcribers shall not publicly discuss report, or offer an opinion concerning matters in which they are or have been engaged, even when the information is not privileged by law to be confidential.

D. Compliance:

Violations of the above standards may result in disqualification of an interpreter, translator or transcriber and termination of the contract. The Contractor must maintain a copy of a signed Code of Ethics, Professional Conduct and Confidentiality Statement for every interpreter, translator and/or transcriber performing services under this contract. The Contractor must provide a copy of the signed statement upon request by the State Agency.

I, the undersigned, do hereby certify that all interpreters, translators and/or transcribers, as applicable, to be utilized to perform services under this agreement, have signed a Code of Ethics, Professional Conduct and Confidentiality statement that, at a minimum, contains the above information.

Signed By:

Title

Date

ATTACHMENT 4: BIDDER’S DECLARATION

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

ATTACHMENT 5: REFERENCE FORM

By furnishing the following references, the bidder authorizes the State to contact the named company, person, or entity to discuss past performance. List three (3) references below for similar work performed by the bidder as stated in this SBS within the last 10 years.

Contractor Name:

REFERENCE 1

Name of Client:

Street Address:

City: State: Zip Code:

Contact Person: Telephone No:

Role: Email:

Dates of Service:

Cost of

Service:

Brief Description of Service Provided:

REFERENCE 2

Name of Client:

Street Address:

City: State: Zip Code:

Contact Person: Telephone No:

Role: Email:

Dates of Service:

Cost of

Service:

REFERENCE 3

Name of Client:

Street Address:

City: State: Zip Code:

Contact Person: Telephone No:

Role: Email:

Dates of Service:

Cost of

Service:

ATTACHMENT 6: COMMERCIALLY USEFUL FUNCTION (CUF) EVALUATION FORM

Supplier Name: ______________________________________________________________

On January 1, 2004, Chapter 623, Statutes of 2003, became effective and requires all Small Businesses, Micro-Businesses and Disabled Veteran Business Enterprises to perform a “commercially useful function” in any contract they perform for the State.

Per GC 14837, Section 1: A business that is performing a commercially useful function is one

(1) that does ALL of the following:

1. Is responsible for execution of a distinct element of the work of the contract.

2. Carries out its obligation by actually performing, managing, or supervising the work involved.

3. Performs work that is normal for its business, services and function

4. Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

5. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Note: A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of small business or microbusiness participation.

Suppliers Certification

I certify that my company meets all five (5) of the criteria listed above.

Authorized Representative Date

DTSC Certification

DTSC has determined that a CUF will be performed by this supplier.

Authorized Representative Date

PROPOSED CONTRACT

EXHIBIT A

SCOPE OF WORK

I. Contractor (Contractor) agrees to enter into a Contract with the Department of Toxic Substances Control (DTSC) to provide Translation, Interpretation, and Transcription Services for DTSC’s Site Mitigation and Restoration Program (SMRP)’s Cleanup in Vulnerable Communities Initiative (CVCI), as described herein.

II. The DTSC Contract Manager and Contractor Representative during the term of this Contract will be:

DTSC Contract Manager DTSC Employee Department of Toxic Substances Control

ADDRESS

Phone:

Email:

Contractor Representative

NAME

TITLE

CONTRACTOR BUSINESS NAME

ADDRESS

Phone:

Email:

III. The DTSC Contract Administrator for this Contract will be:

DTSC Contract Administrator DTSC Employee Department of Toxic Substances Control

ADDRESS

Phone:

Email:

IV. Any of the above Contractor Representatives may be changed upon written notification to each party with a copy to DTSC’s Contracts Unit.

V. Description of Services

A. CONTRACTOR RESPONSIBILITIES – TRANSLATION SERVICES

1. Contractor shall be able to provide the translations for the following languages:

a) English to Armenian

b) English to Cantonese

c) English to Farsi

d) English to Hmong

e) English to Korean

f) English to Mandarin

g) English to Samoan

h) English to Russian

i) English to Spanish

j) English to Tagalog

k) English to Vietnamese

l) English to Japanese

m) English to Arabic

n) English to Hindi

o) English to Mixtec

p) English io Nahuatl

q) English to Pashto

r) English to Portuguese

s) English to Punjab

t) English to Sindhi

u) English to Somali

v) English to Thai

w) English to Urdu

x) English to Zapotec

y) Braille

2. Contractor shall provide Desktop Publishing (DTP) services, consisting of preparing, formatting, and producing translated documents to maintain the visual appearance, structure, and readability of the source material. DTP services may include, but are not limited to:

a) Formatting translated text within existing or newly created document layouts;

b) Adjusting page layouts to accommodate text expansion or contraction resulting from translation;

c) Recreating, modifying, or formatting tables, charts, forms, diagrams, graphics, and other visual elements;

d) Ensuring proper placement and formatting of translated content, including headers, footers, captions, footnotes, callouts, and page numbering;

e) Applying fonts, styles, spacing, and design elements consistent with the source document or DTSC Contract Manager specifications;

f) Preparing documents for print, digital publication, accessibility requirements, or electronic distribution;

g) Performing quality control reviews to verify that translated content is accurately displayed and that formatting, graphics, and layout elements are properly rendered; and

h) Delivering final files in the format(s) specified by the DTSC Contract Manager, including but not limited to Microsoft Office, Adobe Acrobat (PDF), HTML, or other requested formats.

B. CONTRACTOR RESPONSIBILITIES – INTERPRETING SERVICES

1. Contractor shall provide real-time interpretation at any function necessary for DTSC to conduct business such as at conferences, discussions, hearings, and public meetings. These meetings could be on-site meetings across the state, or online meeting venues such as on ZOOM, BlueJeans, or other similar platforms.

2. Types of events when Interpreters may be required include, but are not limited to, Committee and department meetings, training and informational sessions, seminars (both technical and non-technical), virtual meetings, phone conferences, and community meetings and workshops.

3. The Interpreters must be able to perform services throughout the entire State of California at various statewide locations.

4. Simultaneous or consecutive interpretive services may be required in more than one (1) language at these meetings/events.

5. On-phone interpretive services may also be required.

6. Some of these meetings are technical in nature and include technical terminology.

The Contractor shall provide one (1) to two (2) Interpreters for each language requested, at each meeting/event as needed and specified by DTSC’s Contract Manager, or an Authorized Designee, upon request of service.

7. All Interpreters must have a valid certificate issued by the Judicial Council of the State of California and by the Administrative Office of the Court for the U.S. District Courts. The Contractor shall provide verification of translators’ certification upon request.

8. Contractor shall schedule and manage interpreter’s requests, the interpreter, and incidental expenses.

9. DTSC may provide the use of DTSC-owned interpretive equipment, but the Contractor must be able to provide equipment as needed. Interpreters must have the ability to use equipment provided by DTSC (Lexicon VPT-Plus System).

10. Upon receiving a request for interpreting services from DTSC, the Contractor shall acknowledge receipt of (or acceptance of) the request within four (4) business hours of the request and submit electronically a written cost estimate for the requested work within 48 hours. Though rare, DTSC may request “Rush” interpretive services to be conducted within 48 hours. Should service not be available in the requested time, the Contractor must notify the DTSC Contract Manager within four (4) business hours of the request.

11. Contractor shall provide itemized cost estimates, conforming to the contracted rates identified in this Contract. DTSC’s Contract Manager and the Contractor will establish provisional guidelines if a cost estimate cannot be provided within the 48-hour confirmation timeframe but must be finalized before the work authorization is approved.

12. Labor and Equipment:

a) While DTSC does maintain interpretive equipment, which will be used for most requests, the Contractor shall be required to provide DTSC with the necessary labor and equipment to provide professional certified simultaneous (real-time) verbal interpretative services upon request. This may include interpreter station(s), transmitter(s), headsets, public address (PA) system, speakers, microphones, and any other equipment required for verbal interpretations.

b) The Contractor shall be responsible for managing and coordinating the Contractor resources and is fully responsible for all maintenance and service required of the equipment provided by the Contractor.

c) Certified interpreter(s) are required to be present for the duration of the event.

The Interpreter must arrive at the designated work location no less than 30 minutes to set up, test, or become familiar with the equipment.

d) Contractor’s Interpreter shall provide a business card or other means of identification to the DTSC staff person presiding over the meeting.

e) Interpretive services shall be provided during various hours throughout the week (Monday through Friday) and on weekends (Saturday and Sunday), upon request. The Interpreter(s) must be available to work after 5:00 p.m.

f) If the Contractor receives a request for services from any person other than the DTSC Contract Manager or their designee, the Contractor shall notify the Contract Manager of the request and seek authority to provide the requested services.

C. DTSC RESPONSIBILITIES – INTERPRETING SERVICES

1. DTSC’s Contract Manager, or an Authorized Designee, shall notify the Contractor, in writing, no less than three (3) business days prior to the date interpretation services are required for “Standard” requests.

2. DTSC’s Contract Manager, or an Authorized Designee, shall identify the date, time, location, required languages, equipment needs, and any other pertinent information.

D. CONTRACTOR RESPONSIBILITIES – TRANSCRIPTION SERVICES

1. Transcription Services may include, but are not limited to, transcription of electronic audio recordings. Contractor shall provide reliable and accurate transcriptions that are validated and proofread.

2. Contractor shall be able to receive and deliver orders for transcription via courier or United States Postal Service, electronically via email, link, using File Transfer Protocol (FTP), or a secure website.

3. Transcripts shall be delivered to the DTSC Contract Manager or DTSC Authorized Designee by the turnaround time requested, 10 business days after the event.

Transcripts shall be produced in current software programs (e.g., Word and ASCII) with latest virus control software, or as specified by DTSC Contract Manager.

a) The requested Service Category shall be at least one of the following:

i. Original & Certified Copy – These are paper/hard copies that have been certified that are mailed to DTSC as needed. A transcript certification is a written statement or certification, typically appended to the back of the transcript, where the transcriber attests that the transcript represents a true and accurate transcription of the recorded material.

1) When an Original and one (1) Certified Copy are requested, the vendor will provide an original document with an original signed certification, and one (1) copy of that certified document.

ii. PDF with Word Index – An Adobe PDF document will be provided with an index, which is an alphabetical listing of the topics or subjects in a document, and is typically located at the end of a document. An index is used primarily as a navigational tool, with the corresponding page number(s) for each topic listed alongside.

iii. E-Transcript – An E-transcript is the transcription provided in a PDF format via email.

iv. Audiotape Transcription – Audio transcription is the process of converting an audio file into a text file. That may be any audio recording, such as an interview, a meeting/hearing, or a conference recording.

Transcripts shall contain:

1) No fewer than 25 typed text lines per page;

2) A full line of text shall be no less than 56 characters unless timestamping is used, in which case no fewer than 52 characters shall be used on a full line of text;

4. If a certified transcript is ordered, DTSC Contract Manager shall define the delivery timeframe and the format of transcript in either electronic copy, CD- ROM or hardcopy certified transcripts (signed original or duplicate original) and one (1) copy.

5. There is no minimum charge allowed for transcriptions requests.

6. Upon specific request from DTSC Contract Manager, digital/electronic signatures shall be an acceptable form of certification for final electronic transcripts.

7. Unless otherwise specified by DTSC Contract Manager, physical media sent to the Contractor for transcription shall be returned to the DTSC Contract Manager.

8. Contractor shall adhere to transcript delivery instructions given by the DTSC Contract Manager. Refer only to the DTSC Contract Manager or DTSC Authorized Designee regarding delivery requests differing from original instructions.

9. Contractor shall maintain access to transcription files and the ability to finalize transcriptions to meet the DTSC needs in the event the Contractor subcontracts and the subcontractor is unavailable when transcripts are being ordered.

Transcripts shall be prepared in accordance with the following criteria pursuant to Division 24 of Title 16 of the California Code of Regulations, unless otherwise stated by DTSC Contract Manager or DTSC Authorized Designee.

a) The Contractor shall follow the transcript format standards when producing a transcript in a legal or formal proceeding as requested.

i. No fewer than 25 typed lines per page

ii. A full line of text shall be no less than 56 characters unless timestamping is used, in which case no fewer than 52 characters shall be used on a full line of text;

iii. Left-hand margin is defined as the first character of a line of text;

iv. Colloquy and paragraphed material to begin no more than 10 spaces from the left-hand margin with carry-over colloquy to the left-hand margin;

v. Quoted material to begin no more than 14 spaces from the left-hand margin with carry-over lines to begin no more than 10 spaces from the left-hand margin;

vi. Parenthetical and exhibit markings of two lines or more shall be no less than 35 characters per line; and

vii. In colloquy, text shall begin no more than two (2) spaces after the colon following speaker “ID.”

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. Contractor will be paid upon satisfactory completion of work and receipt of a proper and complete invoice from the Contractor. Contractor shall bill the State in arrears no more often than monthly for actual expenditures incurred in accordance with rates specified and by this reference made part hereof.

B. Invoices shall be submitted in duplicate: one (1) original hard copy on Contractor’s letterhead and one (1) copy in PDF format. The invoice shall include the Contract number and dates of service covered. Submit all invoices to:

Department of Toxic Substances Control Attn: Accounts Payable, Contract No. 25-T5550 P. O. Box 806, Floor 21-B Sacramento, California 95812-0806

C. A copy of the itemized invoice will be emailed to the DTSC Contract Manager:

DTSC Contract Manager Department of Toxic Substances Control

2. Budget Contingency Clause

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

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purpose of this program, State shall have the option to either cancel this Contract with no liability occurring to State, or offer a Contract amendment to Contractor to reflect the reduced amount.

3. 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. An incomplete/disputed invoice will be returned to the Contractor per Government Code, Chapter 4.5, Section 927.6. Time specified for prompt payment in Government Code, Chapter 4.5, Section 927.4 commences upon submittal of a completed/undisputed invoice.

4. Travel

A. Contractor is responsible for making his/her own travel arrangements to all events and for ensuring all necessary equipment is available at the meetings.

B. All travel expenses shall require prior authorization in writing from DTSC’s Contract Manager or Designee.

C. A Contractor traveling a distance over fifty (50) miles to reach the worksite may claim expenses (mileage, parking, airfare, and hotel).

D. Travel and per diem rates shall be reimbursed at the current state rate established by the California Department of Human Resources (CalHR) (See website:

https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.).

E. A Travel Expense Claim Form (TEC) shall be filled out and receipts shall be affixed for reimbursement.

2. Budget Breakdown

The total amount of the Contract shall not exceed $100,000.00 and the breakdown is as follows:

[Finalized Cost Sheets will be placed here following award of Contract]

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Accounting Requirements

Contractor shall establish an accounting system using generally acceptable accounting principles that will provide information for reports to the State and which will provide documentation for the fiscal activities of the organization. The accounting system must include adequate cost accounting procedures that will provide accurate costs for not only this Contract but also subcontracts, if any.

2. Contract Limits

Other than as specified herein, no document or communication passing between the parties shall be deemed a part of this Contract.

3. Approval of Work

Notwithstanding the Approval Clause in Exhibit C, General Terms and Conditions, (GTC) this Contract requires that all work performed shall be inspected, reviewed, and approved by the Contract Manager prior to payment. Payment for services is conditional upon Contractor’s conformance to the requirements of the Scope of Work, Exhibit A. The Department of Toxic Substances Control’s (DTSC) acceptance shall not be unreasonably withheld. If any service performed is deemed not acceptable, the Contract Manager or designee shall advise the Contractor in writing what areas are not acceptable.

4. Assignment of Rights, Delegation of Duties

Contractor shall not transfer by assignment, delegation, subcontract, or notation the performance or benefits of this Contract or any part thereof, except as provided herein, without the prior written approval of DTSC. DTSC’s consent to one or more assignments, delegations, or subcontracts hereunder shall not constitute a waiver or diminution of State’s absolute right to consent to each and every subsequent assignment or subcontract. Contractor may not, without prior written consent of DTSC, assign any other right.

5. Audit

Notwithstanding the Audit Clause in Exhibit C, GTC, DTSC adds the following:

Contractor shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC § 10115.10.

6. Brokerage or Contingent Fees

Contractor warrants by execution of this Contract, that no person or selling agency has been employed or retained to solicit or secure this Contract upon understanding or Contract for a commission, percentage, brokerage or contingent fee, except bona fide employees or established commercial or selling agencies maintained by Contractor for the purpose of securing business.

For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to terminate this Contract without liability, paying only for the work actually performed, or otherwise recover the full amount of such commission, brokerage or contingency fee.

7. Confidentiality

All data and information related to DTSC operations, which are designated confidential by DTSC or developed by the Contractor and deemed confidential by DTSC, shall be properly safeguarded and protected by the Contractor from unauthorized use and disclosure.

At a minimum, during non-working hours, DTSC paper and/or electronic documents, reference materials, or any materials related thereof shall be kept in a locked, secure place. All electronic data shall be password protected and secure at all times.

The Contractor and his/her employees are hereby considered agents only for confidential data purposes and will be liable under the State and Federal statutes for unauthorized disclosures.

The Contractor and all subcontractors shall immediately notify DTSC of any request from a third party for disclosure of any information relating to this Contract, including, but not limited to, subpoena, deposition proceedings, court order, or other legal action. Unless DTSC authorizes the disclosure of the information in writing, the Contractor shall use every means, to the maximum extent permitted by law and at no cost to the State, to protect the information from disclosure.

8. Conflict of Interest

The Contractor shall disclose any financial, business, or other relationship with DTSC that may have an impact upon the outcome of this Contract and/or any ensuing project to follow. The Contractor shall also list current clients who may have a financial interest in the outcome of this project. Contractor also complies with PCC, 10410 and 10411.

9. Contract Rates

Contract rates will be paid to the Contractor pursuant to Exhibit B of this Contract. These rates shall be in effect for the Contract term. DTSC and Contractor mutually agree and acknowledge that the budget as identified is for billing purposes and does not necessarily reflect actual amounts paid by Contractor to subcontractors or employees. This provision is intended for purposes of clarification only and does not relieve Contractor of responsibility for compliance with any other provision of this Contract.

10. Contractor Resource Levels, Standards

Contractor shall meet all the contractual requirements and responsibilities listed herein.

Contractor shall provide sufficient resources, including staff support, to fully execute all responsibilities required by this Contract. Contractor further agrees that its performance of work and services under this Contract shall conform to professional standards.

During the course of this Contract, DTSC reserves the right to approve, in advance, in writing, any changes to be made by the Contractor as to the individuals for whom resumes were submitted.

DTSC’s review and approval will be made to ensure that individuals replacing key personnel shall have comparable technical knowledge, experience, and qualifications, in scope, breadth, and depth, to those staff originally accepted as part of this Contract. The review and approval will also be made to better ensure that individuals replacing staff in these key positions shall have the ability to develop cooperative and constructive working relationships in the performance of their duties. DTSC approval shall not be unreasonably withheld.

11. Copyrights and Ownership of Data

The State shall be the owner of all rights, title, and interest in, not limited to the copyright to, any and all data created, provided, or developed under this Contract, whether or not published or produced. The copyright to any and all data created, provided, or developed under this Contract belongs to the State from the moment of creation.

The State retains all rights to use, reproduce, distribute, or display any data created, provided, developed, or produced under this Contract and any derivative products based on Contract data, as well as all other rights, privileges, and remedies granted or reserved to a copyright owner under statutory and common-law copyright law. At any time the Contractor enters into an Contract with another party in order to perform the work required under this Contract, the Contractor shall require the Contract to include language granting the State the copyright for any data created, provided, developed, or produced under the Contract and ownership of any data not fixed in any tangible medium of expression. In addition, the Contractor shall require the other party to assign those rights to the State in a format prescribed by the State. For any data where the copyright is not granted to the State, the State shall retain a royalty-free, nonexclusive, and irrevocable license throughout the world to reproduce, to prepare derivative products, to distribute copies, to perform, to display, or otherwise use, duplicate, or dispose of such data in any manner for governmental purposes and to have or permit others to do so.

All data distributed under the terms of this Contract and any reproductions of data shall include a notice of copyright in a place that can be visually perceived at the direction of DTSC. This notice shall be placed prominently on data and set apart from other matter on the page or medium where it appears. The notice shall state “Copyright” or “©”, the year in which the work was created, and “DTSC”. When space does not permit, and with advance approval of DTSC’s Contract Manager or his/her designee, “Department of Toxic Substances Control” may be abbreviated “DTSC”.

12. Dispute

In addition to Exhibit C, Section 6:

Except as otherwise provided, if the Contractor disputes a decision of the DTSC Contract Manager regarding the performance under the Contract or other issue for which the DTSC Contract Manager is authorized by the Contract to make a binding decision, the Contractor shall provide written dispute notice to the DTSC Contract Manager within fifteen (15) calendar days after the date of receipt of the decision of the DTSC Contract Manager.

The written dispute notice required shall contain the following information: 1) the decision under dispute; 2) the reason the Contractor believes the decision of the DTSC Contract Manager is in error; 3) identification of all documents and substance of all oral communication which support the Contractor’s position; and 4) the dollar amount in dispute (if known).

The DTSC Contract Manager shall issue a dispute decision, in writing, within sixty (60) calendar days of receipt of the dispute notice. A copy of this decision shall be sent to the Contractor by email and by certified mail, Return Receipt Requested, or by any other method which provides evidence of receipt.

The decision of the DTSC Contract Manager shall contain the following information: 1) a description of the dispute; 2) a reference to pertinent Contract provisions; 3) a statement of the factual areas of agreement or disagreement; and 4) a statement of the DTSC Contract Manager’s decision with supporting rationale.

The decision of the DTSC Contract Manager shall be final unless within fifteen (15) calendar days from the date of receipt of the DTSC Contract Manager’s decision, the Contractor files a notice of appeal addressed to the Deputy Director, Site Mitigation and Restoration, Department of Toxic Substances Control, 1001 I Street, PO Box 806, Sacramento, California 95812-0806 with a copy to the DTSC Contract Manager by email.

The notice shall contain the original submission to the DTSC Contract Manager, along with any additional arguments related to the decision issued by the DTSC Contract Manager.

The Deputy Director shall issue a decision on the matter within sixty (60) days, unless the Deputy Director requires additional time, and the Contractor is notified in writing that the decision will be issued within ninety (90) days. If no decision is issued within this timeframe, the appeal shall be deemed denied. The decision of the Deputy Director shall be final.

During the pendency of any dispute, the Contractor shall diligently continue with all responsibilities under the Contract.

13. Entire Contract

This Contract supersedes all prior Contracts; oral or written, made with respect to the services provided herein.

14. Excise Tax

The State of California is exempt from Federal excise taxes and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Contract. California may pay any applicable sales and use tax imposed by another state.

15. Health and Safety Responsibility

Contractor shall be solely responsible for the health and safety protection of its employees.

16. Insurance Requirements

A. General Requirements

1. When the Contractor submits to DTSC a copy of this Contract signed by the Contractor, the Contractor shall simultaneously furnish to DTSC certificates of insurance for the Contractor, and any Subcontractor, as required, meeting all the requirements in this section. DTSC will not provide for nor compensate the Contractor for any insurance premiums or costs for any type or amount of insurance. Contractor is responsible for any deductible or self-insurance retention contained within their insurance program. In the event that Contractor, or any Subcontractor, 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 for cause upon the occurrence of such event.

2. All insurance companies must carry a rating acceptable to DTSC, and the Department of General Services’ Office of Risk and Insurance…