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30 Fesslers Parkway, Suite 119 Phone: 615.321.5858 Toll Free: 1.866.4LANGUAGE ashville, Tennessee 37210 Fax: 615.321.5861 Web: www.accessoci.com type Communications Ink iational, Inc. Interpreting and Translating Services Table of Contents I. Certification Statement IL Certifications i. Contract Manager Resume IL Project Team Coordinator Resume III. Unit Price Sheet IV. Attachments i. Occupational License ii. Certificate of Qualification ii. Minority Business Enterprise Certificate Drug -Free Workplace Policy Copyright 0 2008 Open Communications international Oisclainter. This work provided by Open Communications International is protected by the Relevant Copyright Law. M unauthorized use will be prosecuted to the fug extent allowed. 830 Fesslers Pkwy. Ste. 119 Phone: 615.321.5858 www.accessoci.com Nashville, TN • 37210 Fax: 615.321.5861 Toll Free: 1.866.4.LANGUAGE Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your. files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission: Prices should be firm for a minimum of.120 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (.l) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, I.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS. None We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submittcr. Please print the following and sign your name: SUPPLIERNAMF Open Communications International, Inc. ADDRESS-830 Fesslers Parkway, Suite 119 Nashville, TN 37210 PHONE: 615-321-5858 FAX- 615-321-5861 EMAIL: j.webb@a accessoci.com BEEPER. 615-932-6014 SIGNED BY. • W.o1p Business veiopment Executive 08/04/08 TITLE: DATE FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 34 Open Communications IntE onal, Inc. 830 Fesslers Pkwy, Ste. 119 Nashville, .4 37210 ph: 615-321-5858 Certifications Legal Name of Firm: Open Communications International, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corportation Year Established: 2001 Office Location: City of Miami, Miami -Dade County, or Other 830 Fesslers Parkway, Suite 119 Nashville, TN 37210 Occupational License Number: 1) Miami: 654723-7 2) Nashville: 629053 Occupational License Issuing Agency: 1) Miami Dade Tax Collector 2) Nashville County Clerk Occupational License Expiration Date: 1) September 30, 2009 2) None Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Yes Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) Yes In the event your answer to question above is yes, how many new positions would you create to perform this work? Initial 2 persons for Administrative Roles and supplemental persons for interpreting. TBD. Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. 1) Office Manager . $30K - Clerical, Administrative support for this particular contract. Duties to include budget, payroll oversight and recruitment. 2) Business Development Officer - $32K - account executive assigned 10 this particular contract will serve as company liaison to city officials and other support staff to oversee and execute contract specifications and develop practices that are in alignment with the contract. 3) Interpreters - number and pay rate depend on call volume and focal support need. All positions are for the length of contract, unless other contracts become available. Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) No Page 3 of 34 Open Communications International, Inc. 830 Fesslers Pkwy, Ste. 119 Nashville, TN 37210 ph: 615-321-5858 Service Total Contract Amount( which includes base term and renewal options): $31,680 (According to Addendum 1; Section A20) cci 14,400 min. annually x 4 years x .55 per min $116 Rf)0 0f) (Ar:rnrcijng toAririenditm 1 • Sentinn AS) a 144 00() min annr sally x 4 years x 55 per min Is this service contract a citywide contract? (Yes or No) Yes If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided Foreign Language Interpreting Services I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in. Section.1.40 of the General Terms and Condtions? (Yes or No) No. Does not apply to our service industry. Reference No. 1: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Tennessee Department of Human Services Reference No. 1: Name of Contact Person and telephone number for above reference Karen Hall 615-313-5416 Reference No. 2: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Middle Tennessee Mental Health Reference No. 2: Name of Contact Pei -son and telephone number for above reference Lisa Brown 615-902-7400 Reference No. 3: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: United Way Reference No. 3: Name of Contact Person and telephone number for above reference Tonya King 615-255-8501 Page 4 of 34 Open Communications Inte. mal, Inc. 830 Fessiers Pkwy, Ste. 119 Nashville, 37210 ph: 615-321-5858 Have you provided with your bid response a copy of resume(s) and experience of those individuals who will be assigned to this contract as Contract Manager and/or Project Team? yes or no. Yes Page 5 of 34 Upe Uommunications Into .rational, Inc. Interpreting and Translating Services Jacqualine Webb Language Line Translation Services Contract Manager WORK HISTORY EDluCAT1ON • May 2008 — Present • Oct. 2007 — May 2008 • Feb. 2007 — Oct. 2007 • Sept. 2006 — Feb. 2007 • Bachelor of Arts Business Development Executive . Open Communications Intl, Inc. Nashville, TN Satellite Spanish Language Interpreter, Open Communications Intl, Inc. Nashville, TN Sales Team, World Champion Productions Nashville, TN Customer Relations Specialist, Big Brothers Big Sisters of Middle TN Nashville, TN University of North Carolina at Asheville, Spanish Major INTERPRETER 7RAINiNG • Completion of TN State Court Interpreter Ethics & Skill building workshop (Successfully passed written exam) • Completion of BTG Medical Interpreter course; Certified Medical Interpreter Copyright® 2008 Open Communications tnternabonal Disclaimer This work provided by Open Communications International is protected by the Relevant Copyright Law. All unauthorized use will be prosecuted to the NB extent allowed. 830 Fesslers Pkwy. Ste. 119 Phone: 615.321.5858 www.accessoci.com Nashville, TN ' 37210 Fax: 615.321.5861 Toll Free: 1.866.4.LANGUAGE Upe Communications Ink ,rational, Inc. Interpreting and Translating Services Graciela Lopez -Chaplin Project Team Coordinator WORK HISTORY,• Nov. 2007 -- Present Director, H/R and Policy, Open Communications lnt% Inc. Nashville, TN • Nov. 2006 — Nov. 2007 Satellite Spanish Language Interpreter, Open Communications Intl, Inc. Nashville, TN • Aug. 2005 — Jan. 2006 Real Estate Agent, ERA Pacesetters Realty, Fairview, TN • Sept. 1987 — May 2005 Medical Technologist, Thomason General Hospital, El Paso, TX • Feb. 1977 — Aug. 1987 Medical Technologist, Vista Hilts Hospital, El Paso, TX EDUCATIO • University of Texas at El Paso • LX-20 Chemistry Analyzer • Paramax Chemistry Analyzer • Advanced Paramex Chemistry Analyzer • Synchron CX-7 • TN State Court Interpreter Ethics & Skill building workshop (successfully passed written exam) • BTG Medical Interpreter course • National Emergency Communications Institute certified EMD and 9-1-1 Instructor Copyrights 2008 Open Communications International Disclaimer. This work provided by Open Communications International is protected by the Relevant Copyright Law. All unauthorized use will be prosecuted to the full extent allowed. 830 Fesslers Pkwy. Ste. 119 Phone: 615.321.5858 www.accessoci.com Nashville, TN • 37210 Fax: 615.321.5861 Toll Free: 1.866.4.LANGUAGE National Emergency Communications Institute certifies national certification course and is authorized to train others with the NECI9-1-1 Officer national certification course and train others with all NECI in-service courses when coordinated through NECI. LITHO. IN U.S.A. nc&nr.ur;r LrigAKCCnFaAnnr,nns:nwKakeraxns�a� National Emergency Communications Institute certifies EMD Instructor national certification course and is authorized to train others with the NECI EMD national certification course and train others with all NECI in-service courses when coordinated through NECL MVXFA!W10.010,o0oI,1\UILll'1...444,W `VWWkWVW1.IF AILWWWI, f„WWWWWw,,,W LITHO. IN U.S.A. Open Communications Inter, ,nal, Inc. 830 Fessfers Pkwy, Ste. 119 Nashville, . ,7210 ph: 615-321-5858 Line: 1 Description: Language Line Translation Services for the Departments of Police and Fire -Rescue: 5 a.m. to 5 p.na., Monday - Friday. Category: 961.75-00 Unit of Measure: Minute Unit Price: $ .55 Line: 2 Number of Units: 1 Total: $ 'S5 Description: Language Line Translation Services for the Departments of Police and Fire -Rescue: 5 p.m. to 5 a.m., Monday -Friday Category: 96175-00 Unit of Measure: Minute Unit Price: $ '55 Number of Units: 1 Line: 3 Total: $ ' 55 Description: Language .Line Translation Services for the Departments of Police and Fire -Rescue: Weekends and Holidays. Category: 96175-00 Unit of Measure: Minute Unit Price: $ '55 Number of Units: 1 Total: $ .55 Page 6 of 34 ARIOLA COUNTY CLERK 523 MAINSTREAM DRIVE P.O. BOX 196333 NASHVILLE, TN 37219-6333 MAILING NAME AND ADDRESS OPEN COMMUNICATIONS INTERNATIONAL 8LL�� y T•30 PESSLERS P1\Y'�v T119 NASHVILLE TN 37210 THIS LICENSE EXPIRES PlfVL L.J1Y ILJV,J1 VVVLVI i INESS TAX LICENSE RECEIPT RECEIPT NUMBER BUSINESS NUMBER OWNER 1 ( mTmti NC,UYEM OWNER 2 nn\T\i:a T:Z,^A? BUSINESS LOCATION ADDRESS OPEN COMMUNICATIONS _N T E Rai 830 TFESS..LE.�S rKaP4r.�. ��#1 19 NASl �1ILLE TN 3: 210 Issuance of this license does not necessarily indicate this location is properly zoned. * MUST DISPLAY UPPER PORTION OF ( METRO (U.S.D.1 \ / COUNTY (G.S.D.) TOTAL GROSS SALES LESS DEDUCTIONS TAXABLE GROSS SALES RETAIL / 100.0°G° WHOLESALE TAX DUE CREDITS PENALTY ON TAX DUE THIS LICENSE_ FOLD ON DOTTED LINE. CLASS 3 BUSINESS TAX PERIOD FROM:( 7/ 1/2004 TO: STATE SALES TAX NUMBER: ISSUE DATE: ( INTEREST ON TAX DUE RECORDING FEE MINIMUM TAX 7 PENALTY ON MINIMUM TAX INTEREST ON MINIMUM TAX ADJUSTMENTS TOTAL TAX DUE 1 7 /2nit CONTY CLERK nplIK70, DEPUTY CLERK TOTAL COMBINED METRO AND COUNTY TAX TAXPAYER'S COPY 495734.00 495734.00 .495734.00 929.50 145.33 257.91 5.00 15.00 4.93 1056.99 1LL .q7 495734.00 4957 .00 J -'X 495734.00 92 .50 524.70 100.25 5.00 ,5.00 4.93 429.98 08/05/2006 16:46 11;1111/2 M1,DADE 3056797 - - -- --- OL UNIT Pfi01/01 TAX COLLECTIONGE DIVISION 140 W. FLAGLER STREET MIAM(, FLORIDA 33130 DATE; 08/1112008 TIME: 10:05:08 ACCOUNT : 628154-7 BUS I N E S S: LOCAL BUSINESS TAX PUBLIC ACCOUNT INQUIRY COMM-DATE : 08/2008 DELETE-ST : LET YEAR: 2009 OCLM9107 NAME: OPEN COMMUNICATIONS INTERNATIONAL INC ADDR: OPERATING IN DADE COUNTY SUITE; ZIP; 33999 MUN: 30 CORP / OWNER ( MAILING) : NAME: OPEN COMMUNICATIONS INTERNATIONAL C/0: MINX NGUYEN ADDR: 830 FESSLERS PRWY 119 CITY: NASFHVILLE ZIP: 37210 OTHER 1: NFOR.MAT ION : PP -FOLIO: 00 000000 RE -FOLIO: 00 0000 000 0000 ENTRY -DATE: 08/05/2008 ENTRY -TYPE: W PRES STATE: TN RECEIPT DESCRIPTION AMOUNT -DUE D/R PD LEGAL ' 654723-7 SERVICE BUSINESS F1=MENU CLEAPsPREV SCR F4=40RE RCT ENTER=RECEIPT * MEMOS EXIST Our actual receipt did not come in the mail in time to send a copy to the city of Miami for IFB No. 89049. However, this is a copy of our Local Business Tax Receipt in a formate caned "Image Print". This image was faxed to our office by the Tax Coltector's Office of Miami Dade County. We applied, filed, and paid for this receipt on 8/05/08. The tax collector's office stated that we would have the real receipt in under a week. It is now 08/11/08 and we have not received it. This is a circumstance beyond our control and believe the above document to be sufficient evidence of our Local Business Tax Receipt. We ask ttret the City of Miami would Please accept this document in lieu of an actual copy of the Local Business Tax Receipt. PG 1 Open Communications International, Inc. 830 Fesslers Parkway, Suite 119 Nashville, TN 37210 phone number: 615-321-5858 npi"a" R/'l'1 /7nf1R Tuna! 1O f1 ,9 AM Z35O- 1�!_ I—b32i.1 t"sl/Luvo 1: t- enu6 vvirvvi i'3' 1ua ucyc. v1 .11.al.c August 4, 2008 FLORIDA DEPARTMENT OF STATE Drnsilo OPEN COMMUNICATIONS INTERNATIONALGp ofCorporatio�is , I 830 SLSSLERS PKWY., SUITE 119 NASHVILLE, TN 37210 Qualification documents for OPEN COMMUNICATIONS INTERNATIONAL, INC. were filed on August 1, 2008 and assigned document number F08000003403. Please refer to this number whenever corresponding with this office. Your corporation is now qualified and authorized to transact business in Florida as of the file date. This document was electronically received and filed under FAX audit number H080001B6325. A corporation annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (FRI) number will be required before this report can be filed. If you do not already have an FEI number, please apply NOW with the Internal Revenue by calling 1-800-829-4933 and requesting form SS-4. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have any questions regarding this matter, please contact this office at (850) 245-6995. Wanda Cunningham Regulatory Specialist II New Filing Section Division of Corporations Letter Number: 108A00044407 P.O BOX 6327 — Tallahassee, Florida 32314 Open Communications International, Inc. Nashville, TN 37210 Phone Number: 615-321-5858 Secretary of State Division of Business Services 312 Eighth Avenue North 6th Floor, William R. Snodgrass Tower Nashville, Tennessee 37243 TO: FRANK CARDENAS, BDE, OCI 830 FESSLER PKWY SUITE 119 NASHVILLE, TN 37210 ISSUANCE DATE: 07/07/2008 REQUEST NUMBER: 08189108 TELEPHONE CONTACT: C615) 741-6488 CHARTER/QUALIFICATION DATE: 09/01/2004 STATUS: ACTIVE CORPORATE EXPIRATION DATE: PERPETUAL CONTROL NUMBER: 0476785 JURISDICTION: TENNESSEE REQUESTED BY: FRANK CARDENAS, BDE, OCI 830 FESSLER PKWY SUITE 119 NASHVILLE, TN 37210 CERTIFICATE OF EXISTENCE I, RILEY C DARNELL, SECRETARY OF STATE OF THE STATE OF TENNESSEE DO HEREBY CERTIFY THAT "OPEN COMMUNICATIONS INTERNATIONAL INC." IS A CORPORATION DULY INCORPORATED UNDER THE LAW OF THIS STATE WITH DATE OF INCORPORATION AND DURATION AS GIVEN ABOVE; THAT ALL FEES, TAXES, AND PENALTIES OWED TO THIS STATE WHICH AFFECT THE EXISTENCE OF THE CORPORATION HAVE BEEN PAID; THAT THE MOST RECENT CORPORATION ANNUAL REPORT REQUIRED HAS BEEN FILED WITH THIS OFFICE; AND THAT ARTICLES OF DISSOLUTION HAVE NOT BEEN FILED; AND THAT ARTICLES OF TERMINATION OF CORPORATE EXISTENCE HAVE NOT BEEN FILED FOR: REQUEST FOR CERTIFICATE FROM: OPEN COMMUNICATIONS INTERNATIONAL INC 830 FESSLER PKWY SUITE 119 NASHVILLE, TN 37210-0000 ON DATE: 07/07/08 FEES RECEIVED: 820.00 *0.00 TOTAL PAYMENT RECEIVED: *20.00 RECEIPT NUMBER: 00004448600 ACCOUNT NUMBER: 00485659 444 RILEY C. DARNELL SECRETARY OF STATE Open Communications International, Inc 830 Fesslers Pkwy, Ste. 119 Nashville, TN 37210 ph: 615-321-5858 t etYif anon Number: 030608-02 lar?irrtry: SeNice The Governors Office of Diversity Business Enterprise for the State of Tennessee, having determined that OPEN COMMUNICATIONS INTERNATIONAL, INC. Wripany name has ,urceessfully met the certification requirenze zt i as outlined in Terrnes,ee Code Annotated Ede 12, Chapter .3, Part 8, and the policies adopted thereunder; hereby the designation of Minority died Business and is r ecrgniwed as such until the expiration of registration anion and certification on March 6, 2010 date in Witness Whereof, the GoPernor of the State of Tennessee and the Commissioner of General Services hereto of �.> our hand and the Great Seal of the State. *..PEN COMMUNICAI'IONS INT'L, INC. Interpreting and Translating Services DRUG -FREE WORKPLACE SUBSTANCE ABUSE POLICY July, 22 2008 All Employees: Open Communications International, Inc. (OCI), acknowledges the problem of substance abuse (including alcohol) in our communities. Furthermore, we see substance abuse as a serious threat to our staff and customers. We are addressing this problem by introducing a new substance abuse policy to ensure that OCi will have a drug -free workplace. Drug and alcohol addiction is a complex, yet treatable disease. For this reason, our substance abuse program is targeted at alleviating the problem at the community level by involving our employees. Our commitment to eradicating substance abuse in the community reflects our firm belief that by building this community, we build our company. While OCI understands that employees and applicants under a physician's care are required to use prescription drugs, abuse of prescribed medications will be dealt with in the same manner as the abuse of illegal substances. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drug -free environment. Our intention is to prevent substance abuse. We would like to encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. In this way, fully rehabilitated abusers who remain drug free can return to work as employees in good standing. For the purposes of this notification, which is to be placed in the common areas at our offices, the unlawful manufacturing, distribution, dispensing, possession, or use of a "controlled substance is prohibited in the workplace. Any employee found violating the Drug -Free Workplace Substance Abuse Policy will face disciplinary actions that may result in termination. In compliance to current contractual guidelines and local, state and federal laws prohibiting substance abuse in the workplace, all employees will notify the Human Resources Department of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Finally, all employees are required agree to the Drug -Free Workplace Policy and to sign and have in their personnel file, located with the Human Resources Department, the Drug -Free Workplace Agreement and submit to relevant training. Thank you, Human Resources Copyright 02008 Open Communications International Disclaimer: This work provided by Open Communications tntemabonat is protected by the Relevant Copyright Law. All unauthorized use vnit be prosecuted to the full extent ak 830 Fesslers Pkwy Suite 119 Phone: 615.321.5858 www.accessoci.c Nashville TN • 37210 Fax: 615.321.5861 Toll Free: 1.866.4.LANGUAr r..PEN COMMUNICAI.ONS INT'L, INC. Interpreting and Translating Services Purpose I. STATEMENT OF POLICY Open Communications International, Inc. (OCI), acknowledges the problem of substance abuse (including alcohol) in our communities. Furthermore, we see substance abuse as a serious threat to our staff and customers. We are addressing this problem by introducing a new substance abuse policy to ensure that OCI will have a drug -free workplace. Drug and alcohol addiction is a complex, yet treatable disease. For this reason, our substance abuse program is targeted at alleviating the problem at the community level by involving our employees. Our commitment to eradicating substance abuse in the community reflects our firm belief that by building this community, we build our company, While OCI understands that employees and applicants under a physician's care are required to use prescription drugs, abuse of prescribed medications will be dealt with in the same tnanner as the abuse of illegal substances. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drug -free environment. Our intention is to prevent substance abuse. We would like to encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. In this way, fully rehabilitated abusers who remain drug free can return to work as employees in good standing. II DEFINITIONS A. "Legal Drug" - Prescribed drug or over-the-counter drug which has been legally obtained and is being used solely for the purpose for which it was prescribed or manufactured. B. "Illegal Drug" - Any drug (a) which is not legally obtainable, (b) which may be legally obtainable but has not been legally obtained, or 0 which is being used in a manner or for a purpose other than as prescribed. C. "Alcohol" - Any beverage that is considered an intoxicating agent. D. "Reasonable Suspicion" - Under workers' compensation you can only test for a "reasonable suspicion " that drugs were involved and not test for every accident. NIOAS rules have requirements that also must be followed. Also, just because someone tests positive for drugs is not enough to defeat a workers' compensation claim. The claimant has the opportunity to prove that the use of drugs did not cause the injury and that there is no "reasonable hypothesis" that the use of drugs or alcohol caused the injury. If the claimant proves this, they will be entitled to benefits. Copyright @ 2008 Open Communications International Disclaimer This work provided by Open Communications International is protected by the Relevant Copyright Law All unauthorized use will be prosecuted to the full extent a 830 Fesslers Pkwy Suite 119 Phone: 615.321,5858 www.accessoci.c Nashville • TN • 37210 Fax: 615.321.5861 Toll Free: 1.866.4.tANGUA• RIPEN COMMUNICAT IJNS 1NT'L, INC. Interpreting and Translating Services I. Observed drug abuse or alcohol use during work hours on company premises. 2. Apparent physical state of impairment. 3. Incoherent mental state, 4. Marked changes in personal behavior that are otherwise unexplainable. 5. Deteriorating work performance that is not attributable to other factors. 6. Accidents or mishaps in which injuries or property damage occur. 7. Any actions that provide reasonable cause to believe the employee may be under the influence of illegal drugs or alcohol. E. "Training" - All employees will be trained on substance abuse symptom recognition on an annual basis. 111 POLICY AND WORK RULE OCI policy is to employ a work force free from use of illegal drugs and abuse of alcohol, either on or off the job..Any employee determined to be in violation of this policy is subject to disciplinary action, which may include termination, even for the first offense. It is a standard of conduct of employees of OCI that employees shall not use illegal drugs or abuse alcohol. In order to maintain this standard, the company shall establish and maintain the programs and rules set forth below. A. GENERAL PROCEDURES An employee reporting for work visibly impaired or unable to properly perform required duties because of alcohol or illegal drug use will not be allowed to work. The employee's supervisor should first seek another supervisor's opinion to confirm the employee's status. Then the supervisor should consult privately with the employee to determine the cause of the observation, including whether substance abuse has occurred. If, in the opinion of the supervisor, the employee is considered impaired, the employee should be sent to a medical facility for drug testing by taxi or other safe transportation alternative, depending on the determination of the observed impairment, accompanied by the supervisor or another employee if necessary. An impaired employee will not be allowed to drive. Copyright © 2008 Open Communications International Disclaimer. This work provided by Open Communications international is protected by the Relevant Copyright Law. All unauthorized use will be prosecuted to the full extent allc 830 Fesslers Pkwy Suite 119 Nashville • TN • 37210 Phone: 615.321.5858 www.accessoci.c Fax: 615.321.5861 Toll Free: 1.866.4.LANGUAr PEN COMMUNICAT.JNS INT'L9 INC. Interpreting and Translating Services 13. Pre -employment Drug Abuse Testing OCI may conduct pre -employment drug testing examinations designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal drugs indicates a potential for impaired or unsafe job performance. C. Current Employee Drug and Alcohol Abuse Testing OCI will maintain drug testing practices to identify employees who use illegal drugs or abuse alcohol, either on or off the job. It shall be a condition of continued employment for all employees to submit to a drug test when: 1. When there is a reasonable suspicion to believe that an employee is using or has used illegal drugs or is abusing or has abused alcohol. 2. When the employee is involved in any mishap or accident in which injury to himself or herself or other persons or damage to property has occurred (an employee who tests positive for substance abuse at the time of treatment for work -related injury risks forfeiture or workers' compensation benefits and may be liable for his or her own inedical treatment for the injury, in accordance with Florida Statutes); 3. Upon return from extended absences. D. Employee Assistance and Alcohol/Drug Rehabilitation Programs OCI maintains information on local employee assistance programs and local alcohol/drug rehabilitation programs which could provide help to employees who suffer from alcohol or drug abuse and their families. Among the list of local programs are: I. Cumberland Heights Alcohol and Drug Treatment 8283 River Road Nashville TN 37209 Phone: (615) 352-1757 Hotline: (800) 646-9998 2. Centerstone Luton Mental Health Services 1921 Ransom .Place Nashville TN 37217 Phone: (615) 279-6700 3. Metro Health Department Substance Abuse Program 526 8th Avenue South Nashville TN 37203 Phone: (615) 862-7900 Copyright ® 2008 Open Cormunicabons International Disclaimer: This work provided by Open Communications International is protected by the Relevant Copyright Law. A8 unauthorized use will be prosecuted to the full extent all( 830 Fesslers Pkwy Suite 119 Phone: 615.321.5858 www.accessoci,c Nashville • TN • 37210 Fax: 615.321.5861 Toll Free: 1.866.4.LANGUA OPEN COMMUNIC.AT.JNS INT'L, INC. Interpreting and Translating Services A complete list of programs is available in the Human Resources department, However, it is the responsibility of each employee to seek assistance from one of these programs before alcohol and drug problems lead to disciplinary actions. Once a violation of this policy occurs, subsequently using one of these programs on a voluntary basis will not necessarily lessen disciplinary actions and may, in fact, have no bearing on the determination or appropriate disciplinary action. D. Employee Assistance and Alcohol/Drug Rehabilitation Programs The employee's decision to seek prior assistance from the programs will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding and OCI strongly encourages employees who suspect they may have a problem to seek assistance. On the other hand, using the programs will not prevent disciplinary action when facts showing a violation of this policy are obtained outside of the programs. Accordingly, the purposes and practices of this policy and these programs are not in conflict but are distinctly separate in their applications. E. Grounds for Tenninati.on of .Discipline Failure to submit to required medical or physical examinations, including drug testing, is misconduct and is grounds for immediate termination of employment. I. Illegal Drug Use An employee bringing onto OCI 's premises or property, having possession of; being under the influence of; possessing in the employee's body, blood or urine in any detectable amount; or using, consuming, transferring, selling, or attempt to sell or transfer any form of .illegal drug (as defined above) while on OCI business or at any time during the hours between the beginning and ending of the employee's workday, whether on duty or not and whether on OCI business or on OCI property or not, is guilty of misconduct and is subject to discipline, including immediate termination or immediate suspension without pay from employment, even for the first offense. 2. Alcohol Abuse An employee who is under the influence of alcohol beverages at any time while on OCI business or at any time during the hours between the beginning and ending of the errrployee's workday, whether on duty or not and whether on OCI business or on OCI property or not, is guilty of misconduct and is subject to discipline, including immediate termination or immediate suspensionwithout pay from employment, even for the first offense. Copyright() 20h8 Open Communications International Disclaimer. This work provided by Open Communications International is protected by the Relevant Copyright law- AN unauthorized use will be prosecuted to the full extent a*c 830 Fesslers Pkwy Suite 119 Phone: 615.321.5858 www.accessoci.c Nashville • TN - 37210 Fax: 615.321.5861 Toll Free: 1.866.4.LANGUA, er.PEN COMMUNICALJNS INTL., INC. Interpreting and Translating Services An employee shall be determined to be under the influence of alcohol if: a. The employee's normal faculties are unpaired due to consumption of alcohol; or b. The employee has a blood -alcohol level of .05 or higher. The complete policy of disciplinary procedures is described in Addendum A "Disciplinary Actions", attached. Copyright A 2008 Open Comnurncations International Dtsdaimec This work provided by open Communications lnterna6onat is protected by the Relevant Copyright Law. Al unauthorized use will be prosecuted to the tug extent alk 830 Fessiers Pkwy Suite 119 Phone: 615.321.5858 www.accessoci.c Nashville • TN • 37210 Fax: 615.321.5861 Toil Free: 1.866.4.LANGUA. PEN COMMUNICATBIJNS INT'L, INC. Interpreting and Translating Services IV TESTING PROCEDURES AND CONFIDENI'I.ALITY A. General Procedures Drug testing will be accomplished via a urinalysis test, in most cases, at a laboratory chosen by OCI. Such laboratory shall be licensed and approved by the Department of Health. OCT reserves the right to request a blood test. Employees may be tested for alcohol, and for any or all of the drugs contained on the following list: DRUG Amphetamines ;Amphetamine Variant !Marijuana Tetrahydocannabinoid Hashish �.__.___...._...._,...___..._ :Hashish Oil ;Cocaine ;Phencyclidine !Phencyclidine Analogs IMethanqualone lOpiates Barbiturates 1I3enzodiazephines� ;Methadone (Synthetic) CLASS OF DRUG Stimulant Hallucinogen Cannabinoid Cannabinoid TRADE OR OTHER NAMES Biphetaniine, Delcobese, IDesoxyn, Dexedrine, 1Mediatric 12,5-DMA, PMA, STP, MDA, MMDA, TMA, DOM, DOB !Grass, Acapulco Gold, Pot, ;Thai Sticks, Sensemilla THC Cannabinoid !.Hash !Hash Oil !Coke, Flake, Snow •;PCP, Angle Dust, Hog 1PCE, PCPy, TCP jOptimil, Parest, Sopor, ;Quaalude, Somnafac .1Dover' s Powder, Opium, ;Paregoric, Parepectolin Porpxyphene Copyright © 2008 Open Communications International 830 Fesslers Pkwy Suite 119 Nashville • TN • 37210 Cannabinoid Stimulant Hallucinogen Hallucinogen Depressant Narcotic Depressant Depressant Narcotic Narcotic Amobarbitai, Butisal, .Phenoxbarbital, Tuinal, ESecobarbital, Phenobarbital 4AtIvan, Azene, Clonopin, !Dalmane, Diazepam, Librium Dolophine, Methadone, ;Methadone Hydrochloride, Darvon_ Propxyphene, Nap, Sycate, Darvon-N Disclaimer. This worts provided by Open Communications International is protected by the Relevant Copyright Law. Ail unauthorized use yell be prosecuted to the full extent alit Phone: 615.321.5858 www.accessoci.c Fax: 615.321.5861 Toll Free: 1.866.4.LANGUA PEN COMMUNICAT.JNS INT'L, INC. Interpreting and Translating Services All specimen samples shall be collected with due regard to the privacy of the employee providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. Specimen collection shall be documented, and the documentation procedures shall include: a. Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification to test results. b..A form for the employee or job applicant to provide any information he or she considers relevant to the test, including identification of currently or recently used prescription or non-prescription medication, or other relevant medical information. Such forin will provide notice of the most common medications by name which may alter or affect a drug test. The providing of information. shall not preclude administration of the drug test, but shall. be taken into account in interpreting any positive confirmed results. These forms are available in the Human Resources department. c. It is the right of the employee or job applicant to consult the testing laboratory for technical information regarding prescription and non-prescription medications. The name, address, and telephone numbers are available in the Human Resources department. Any drug test conducted or requested by OCT may occur before, during, or immediately after the regular work period of the employee and shall be deemed to be performed during work -time for the purposes of determining compensation benefits for the employee. Within 5 working days after receipt of a positive confirmed test result from the testing laboratory, OCI shall inform an employee or job applicant in writing of such positive test result, the consequences ofspch results, and the options available to the employee or job applicant. OCI will also provide to the employee or job applicant, upon request, a copy of the test results. Within 5 working days after receipt of a positive confirmed test result , the employee or job applicant may submit information to OCI explaining or contesting the test results, and why the results do not constitute a violation of OCI 's policy. Wan employee or job applicant's explanation or challenge of the positive test results is unsatisfactory to OCI, a written explanation as to why the employee or job applicant's explanation is unsatisfactory along with the report of positive results will be provided by OCI to the employee or job applicant and all such documentation will be kept by OCI in a confidential manner, for a period of at least one year. Copyright 0 2008 Open Communications International Disclaimer: This work provided by Open Communications International is protected by the Relevant Copyright law. All unauthorized use MI be prosecuted to the full extent aec 830 Fesslers Pkwy Suite 119 Phone: 615.321.5858 www.accessoci.c Nashville • TN • 37210 Fax: 615.321.5861 Toll Free: 1.866.4.LANGUA OPEN COMMUNICA11 )NS INT'L, INC. Interpreting and Translating Services Every specimen that produces a positive confirmed result shall be preserved in a frozen state by the licensed laboratory that conducts the confirmation test for a period of 210 days from the time the results of the positive confirmation test are delivered to the employer. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant shall notify the laboratory and the sample shall be retained by the laboratory until the case or administrative appeal is settled. During the 180 day period after written notification of a positive test result, the employee or job applicant who has provided the specimen shall be permitted by OCI to have a portion of the specimen retested, at the employee or job applicant's expense, at another laboratory, licensed and approved by the Department of Health and .Rehabilitative Services, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory which performed the test for OCI shall be responsible for the transfer of the portion of the specimen to be retested and for the integrity of the chain of custody during such transfer. B. Testing Costs OCI shall pay the cost of all drug tests, initial and confirmation, which are required by OCI. An employee or job applicant shall pay the costs of any additional drug tests not required by OCI, as outlined above. C. Statement of Confidentiality OCI, the testing laboratory, drug and alcohol rehabilitation programs and their agents who receive or have access to information concerning drug tests shallkeep all information confidential. Release of such information under any other circumstances shall be solely pursuant to a writtenconsent form signed voluntarily by the person tested, except where such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal, or where deemed appropriate by a professional or occupational licensing board in a related disc iplinary proceeding. Copyright ® 2008 Open Communications Intemaeonat Disclaimer. This work provided by Open Communications International is protected by the Relevant Copyright law. NI unauthorized use will be prosecuted to the tuA extent all( 830 Fesslers Pkwy Suite 119 Phone: 615.321.5858 www.accessoci.c Nashville - TN • 37210 Fax: 615.321.5861 Toil Free: 1.866.4.LANGUA. ..PEN COMMUNICA1.JNS INT'L, INC. Interpreting and Translating Services Addendum A Disciplinary Actions l Failure to Submit to Required Drug/Alcohol Testing Refusal to sign a Consent Form or a Chain of Custody Form, or to allow a search or a drug or alcohol test will be deemed to be a voluntary resignation from employment by the employee. Employee will be assisted with collecting his/her personal belongings and escorted from the facility. II Receipt of Positive Drug/Alcohol Testing An employee who tests positive for drug or alcohol use is in violation of company policy. The employee will be issued a written disciplinary warning from the Human Resources director and required to seek treatment in an approved program for alcohol and drug rehabilitation. The employee must provide written verification of enrollment in a program within five (5) days after receiving positive results. If employee chooses to have a specimen re -tested at another FIRS approved facility then verification must be received within five (5) days after results of the second test, if results are positive. Employees who refuse to participate in, or who do not satisfactorily complete a rehabilitation program, or who subsequently violate this policy will be terminated from the company. An employee who provides written verification of enrollment in a rehabilitation program will be placed on probationary status for a period of 90 days. During this probationary period, the employee must submit to follow-up drug and/or alcohol testing, without prior notice. Such testing must be conducted at least twice during the 90 day probationary period. If an employee tests positive for drug or alcohol use during the 90 day probationary period, he/she will be terminated immediately and notified of such termination in writing by the Human Resources department. Employee will be assisted with collecting their personal belongings and escorted from the facility. III Possession, Use, or Distribution of Illegal Drugs The manufacture, sale, purchase, transfer, use, or possession of illegal (as defined in II of this policy document) drugs by employees on OCF premises, in OCI vehicles, or while on Company business is prohibited and will result in immediate termination. The Human Resources department will contact local law enforcement to notify of illegal manufacture, sale, purchase, transfer, use or possession of drugs by the employee on Company premises, employee will be terminated as set forth above. Ernpioyee's personal belongings will be collected by the Human Resources department and employee's immediate supervisor will be available for pickup by terminated employee in the Human Resources department. Copyright ® 2008 Open Communications International Disclaimer. This work provided by Open Communications lntemabonal is protected by the Relevant Copyright Law. All uneu8iaaed use will be prosecuted to Me full extent alk 830 Fesslers Pkwy Suite 119 Nashville • TN • 37210 Phone: 615.321.5858 www.accessoci.c Fax: 615.321.5861 Toll Free: 1.866.4.LANGUA, Sourcing *Request saw Negotiations > Negotiations Search > QuoteHistory ._.(RFQ 89049,2). > Quote: 372227 (RFQ 89049,2) Title Time Left Style Quote Currency Contact Suppliers' Quote Number Quote Status Note to Buyer Attachments Invitation for Bids for Language Line Translation Services 0 minutes Sealed USD Grissom, Fred Active Negotiations Home Logout Preferences Help_ itelligenci Actions Online Discussions min stratii Close Date 08/13/2008 13:00:00 Ranking Price Only Supplier WorldWide Interpreters, Inc. Supplier Site Quote Valid Until Purchase Order Last Publish File Updated Last to Name Type Description Category By Updated Usage Update Delete Catalog No ;results 'found. Attributes Show All Details I Hide All Details Details Group lirHide General Attribute Legal Name of Firm: Maximum Score Attribute Target Type Value Quote Value Required Worldwide Interpreters Entity Type: Partnership, Sole Required ;Corporation Proprietorship, Corporation, etc. Year Established: Required 1,997 Office Location: City of Miami, Required South Houston, Texas Miami -Dade County, or Other Occupational License Number Required ' 'N/A Occupational License Issuing Required N/A Agency: Occupational License Expiration Required 01/01/2010 Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create new Required a Yes Required Yes Score 0 Maximum Score Score http://imiami.riverside.cmgov.net:8003/OA_HTML/OA.j sp?OAFunc=PONRESENQ_VIEWBID... 8/20/2008 positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to Required question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or:. duration of all new positions which might be created as a result of this award of a Contract. Does the City of Miami Living Required Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Service Total Contract Amount Optional ( which includes base term and renewal options): Is this service contract a citywide Optional contract? (Yes or No) If the above answer is no, please Optional indicate the name of the city (end user) department that your contract will serve: Provide brief description of the Optional '? project or service to be provided I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18- 556 through Section 18-559 as summarized in Section 1.40 of the General. Terms and Condtions? (Yes or No) Reference No. 1: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 1: Name of Contact Person and telephone number for above reference Reference No. 2: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 2: Name of 'Required Optional Required ;Required Required Required Interpreters, $15/hour, 4, Indefinite WorldWide Interpreters will provide over- 0 'the -phone language interpretation @ rates ;specified 24 hrs/day X 7 days / week X 365 days per year Maricopa Integrated Health Systems (MIHS) 2601 East Roosevelt Street , Phoenix, AZ 85008 `Lu Gendreau, 602-344-1826 St. David's Medical Center, 919 East 32nd Street, Austin, Texas, 78705 Sandra Hadley, 512-397-4049 http://imiami.riverside.cmgov.net:8003/OA_HTML/OA.j sp?OAFunc=PONRESENQVIEWBID... 8/20/2008 Contact Person and telephone number for above reference Reference No. 3: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 3: Name of Contact Person and telephone number for above reference Have you provided with your bid Required response a copy of resume(s) and experience of those individuals who will be assigned to this contract as Contract Manager and/or Project Team? yes or no. Contract Terms Variables Details Section No variables found. Required 'Required Total 0 Deliverables r Indicates deliverable is overdue Deliverable Name No deliverables found. Lines el TIP All prices are in USD. Show All Details I Hide All Details Details Line Hide 1 Language Line Translation Services for the Departments of Police and Fire - Rescue: 5 a.m. to 5 p.m., Monday - Friday. Attributes Attribute No results found. Attachments (Sandra. Hadley@stdavids.com) Baptist Hospital, 2000 Church Street, Nashville, TN 37236 Lewis Lamberth, 615-284-5258 lewis.lamberth@baptisthospital.com Yes Clause Variable Description Value X Indicates responsible party failed to perform the deliverable Due Date Status Target Minimum Start Target Quote Estimated Release Rank Price Price Price Unit Quantity Amount Minute 1 Group Target Value Quote Value Last Updated Last File Name Type Description Category By Updated Alert Update Quote Minimun Release Quote Active Amount Total Quotes 0.655`....,...,. Publish to Usage Update Delete Catalog http://imiami.riverside.cmgov.net:8003/OA HTML/OA jsp?OAFunc=PONRESENQ_VIEWBID... 8/20/2008 No results found. Hide 2 Language Line Translation Services for the Departments of Police and Fire - Rescue: 5 p.m. to 5 a.m., Monday -Friday , Attributes Attribute !No results found. Attachments File Name No results found. .171e 3 Language Line !Translation Services !for the Departments lof Police and Fire - Rescue: Weekends and Holidays. 0.65 Minute 1 Target Value Quote Value Last Updated Last Publish to Type Description Category By Updated Usage Update Delete Catalog 0.65 Minute Attributes Attribute Group Target Value Quote Value No results found. Attachments 0.65 Last Updated Last Publish to File Name Type Description Category By Updated Usage Update Delete Catalog No results found. Return to Quote History (RFQ 89049,2) Actions Online Discussions L2.Jo Requests I Negotiations I Intelligence I Administration I Home I Logout I Preferences I Help Copyright (c) 2006, Oracle. All rights reserved. Privacy Statement http://imiami.riverside.cmgov.net:8003/0A_HTML/OA.jsp?0AFunc=PONRESENQ_VIEWBID... 8/20/2008 WorldWide Interpreters is a member of the National Council on Interpreting in Health Care. The executive management team includes: James Villarreal, CEO; James Villarreal, our CEO, began his career working for NASA as a voice technology developer and advanced learning systems. It was during that work that he came upon the idea of "Interpreter in a Box". From that, he launched WorldWide Interpreters in 1997, by receiving an initial contract from Parkland Health Systems in Dallas, Texas. He is also a certified Master Black Belt in Lean Six Sigma and uses those principles in driving process improvements for WorldWide Interpreters. Fred Grissom, President; Fred Grissom, our President, began his career as a technology transfer developer where he also carried that expertise to the aerospace industry. Mr. Grissom has published books on entrepreneur business development and patent applications. He now presides over WorldWide Interpreters with special emphasis on implementing a strategic plan for growth and expansion into new markets. Qualifications of interpreter workforce The qualifications of our interpreter workforce meet the National Council on Interpreting and Healthcare standards Sourcing ubst ORM Negotiations > Negotiations Search > Quote History...(RFQ 890492) > Quote: 372238 (RFQ 89049,2) Title Time Left Style Quote Currency Contact Suppliers' Quote Number Quote Status Note to Buyer Attachments Invitation for Bids for Language Line Translation Services 0 minutes Sealed USD Strohl, Ms. Dawn Active File Name LSA- Attachments.zip Type File Description Certification Statement, Staff Bios/Resumes, and WMBE Certificate Attributes Show All Details I Hide All Details Details Group Hide General Category From Supplier Maximum Score 0 Attribute Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Attribute Target Type Value Required :Required Required Required Required Required Required Required Negotiations Home Logout Preferences Help elligen Actions Online Discussions Close Date Ranking Supplier Supplier Site Quote Valid Until Purchase Order ministration 08/13/2008 13:00:00 Price Only Language Services Associates Last Last Updated By Updated DSTROHL@LSAWEB.COM 08/13/2008 Quote Value ;Language Services Associates, Inc. Corporation 1,991 607 N. Easton Road, Building C, Willow !0 Grove, PA 19090 Business Privlege License # 08-12-307 Upper Moreland Township Usage One- Time Update,Di Score 0 Maximum Score Score 0 12/31/2008 Yes http://imiami.riverside.cmgov.net:8003/OA HTML/OA.jsp?OAFunc=PONRESENQVIEWBID... 8/20/2008 Hiring Agreement.": (Yes or No) Do you expect to create new Required positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question Required above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, Required summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Does the City of Miami Living Wage Required Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Service Total Contract Amount ( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the Optional project or service to be provided I/We hereby state compliance with Optional the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Reference No. 1: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 1: Name of Contact Person and telephone number for above reference Reference No. 2: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 2: Name of Contact Person and telephone number for above reference Optional 'Optional :Optional Required; :Required "Required Required N/A N/A Approximately $21,000 per year .._ ..._.._. Police Department and Fire -Rescue Department Emergency 911 Over -the -phone foreign language interpretation for Emergency 911 Yes, but the Living Wage Ordinance applies for city service contracts containing a total contract value exceeding $100k annually, and this contract is for $21,000 annually. 'Federal Emergency Management ,Agency (FEMA) U.S. Dept of Homeland I Security Darcy Bingham 202.272.8669 darcy.bingham@dhs.gov City Of Philadelphia Stephanie Tipton 215.686.3499 stephanie.tipton@phila.gov http://imiami.riverside.cmgov.net:8003/OA HTML/OA.j sp?OAFunc=PONRESENQ_VIEWBID... 8/20/2008 Reference No. 3: Name of Required Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 3: Name of Contact Required Person and telephone number for above reference Have you provided with your bid Required response a copy of resume(s) and experience of those individuals who will be assigned to this contract as Contract Manager and/or Project Team? yes or no. Total 0 Contract Terms Variables Details Section No variables found. Deliverables Indicates deliverable is overdue Deliverable Name No deliverables found. Lines TIP All prices are in USD. Show All Details I Hide AIL_ Details Clause New York State Dept of Labor Dennis Kugler 518.457.5429 dkugler@labor.state.ny.us Yes. We have attached staff bios and also resumes. Variable Description Value x Indicates responsible party failed to perform the deliverable Due Date Status Start Target Quote Estimated Details Line Rank Price Price Price Unit Quantity V Hide 1 Language Line 3 0.73 Minute; 1 Translation Services for the Departments of Police and Fire - Rescue: 5 a.m. to 5 p.m., Monday - Friday. Attributes Attribute Group Target Value No results found. Attachments Target Minimum Release Amount Quote Value Last Updated Last File Name Type Description Category By Updated No results found. Alert Update Quote Minimun Release Quote Active Amount Total Quotes 0.73'5 Publish to Usage Update Delete Catalog http://imiami.riverside.cmgov.net:8003/OA HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID... 8/20/2008 Hide ;2 Language Line Translation Services for the Departments of Police and Fire - Rescue: 5 p.m. to 5 .a.m., Monday -Friday Attributes Attribute No results found. Attachments File Name No results found. Group 0.73 Minute 1 0.73 5 Target Value Quote Value Last Updated Last Publish to Type Description Category By Updated Usage Update Delete Catalog Hide 3 Language Line Translation Services for the Departments of Police and Fire - Rescue: Weekends and Holidays. Attributes Attribute :No results found. Attachments File Name No results found. Group 0.73 Minute Target Value Last Updated Last Type Description Category By Updated UsageeUpdate Delete Catalog Quote Value RetumtoQuote History (RF.Q89049,2) Actions Online Discussions Publish to Requests I Negotiations I Intelligence I Administration I Home I Logout I Preferences I Help Copyright (c) 2006, Oracle. All rights reserved. P.rivacy_Statement http://imiami.riverside. cmgov.net: 8003/OA_HTML/OA. j sp?OAFunc=PONRESENQ_VIE WBID... 8/20/2008 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 120 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271 All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS• We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME' LAN&U &. RV Pam- =tti �.r INC, ADDRESS: 7 a PHONE: 2_15 • l 5 7 &. 7/ FX'r .3t. FAX: 2_15 655, 72-10 1' EMAIL: . r E COS BEEPER (( SIGNED BY - TITLE' (c- r" cc Beefs DATE: -) 3 '%S FAILURE TO COMPLETE. SIGN. AND RETURN THIS FQRR'I SHALL DISQUALIFY THIS BID, Page 2 of 34 STARLA KEITH • sk@kkfutures.com 12021 Wilshire Blvd. #325, Los Angeles, CA 90025 • 310-428-8783 VICE PRESIDENT OF SALES / CHIEF OPERATING OFFICER DIRECTOR OF OPERATIONS / DIRECTOR OF SALES • 16 years experience in a variety of senior leadership positions in sales, marketing and operations • Industry experience includes: B2B, B2C, Language Services, Litigation Support, Document Management, Food and Medical • Expertise in driving growth, managing process change, creating and retaining high performance sales organizations PROFESSIONAL EXPERIENCE NetworkOmni • Westlake Village, CA Leading Language Service provider of On -Site Interpretation, Over -the -Phone Interpretation, Translation and Localization services, Cultural Competence Training and Consulting (www enetworkomni.com) Director, On Site Interpreting Services • 2Presen a. 7 Hired to drive revenue growth` through development of new divisional strategic plan, including operational models and marketing strategies, the creation of a direct sales force and a vendor management department for Teranslations'and On -Site = 'J" Management of global operations and sales with offices in CA, FL, & Zurich • Full responsibility for business unit P/L • Oversee all aspects of vendor management and recruiting for Translations & On -Site divisions • Provide variance reporting. analysis and justification to CEO • Manage all personnel issues include hiring, promotion, evaluation, discipline, and termination of managers/supervisors and other staff members • 12 direct reports • Development, coaching and mentoring of both inside and outside sales professionals, including sales plan, compensation structure, goals and objectives • Manage all aspects of vendor management and recruiting • Report to the Senior Executive Vice President Accomplishments: • Increased division gross revenue by 44% in 2006, while maintaining gross margin at 50% • Increased efficiency through the creation of new production processes, made division virtually paperless and reduced hours per job by 29% • Created new vendor management department responsible for all recruitment of internal and external resources for both the Translation/Localization and On -Site Interpreting divisions Hired manager to implement new vendor recruitment strategy and Q.A. process • Developed new service standards, sales strategies and account retention programs • Increased customer retention by 32% • Created new web -based scheduling application • Worked with accounting to develop and implement cash collection strategies and receivables reduction plan Eastwood -Stein • Los Angeles, CA Nationwide litigation and technology support_services (www.eastwood-stein.com) Business Development Director, Litigation Support & Deposition Management • 2004 — 2005 Hired to develop and implement added suite of products including document management and reproduction solutions and trial services. • Responsible for sales & marketing of legal services to the Global 100 and AM 200 in the Los Angeles market • Manage Government and Insurance industry key account acquisition strategies • New product development, revenue forecasting and market introduction planning • Reported to Vice President, founding Partner Accomplishments•F • Increased revenue by..30% 'eveloped and implemented general operational, and sale's'plan for entry into trial support �rVice offering Spearheaded program ?or litigation and transcript management software support Guided sales staff through live note certification process and customer support plan Laserfiche • Long Beach; CA Document management software development and distribution (www.laserfiche.com) Regional Sales Manager • 2003 — 2004 Hired to drive revenue growth and manage company's largest VAR, IKON. • Responsible for sales and support activities in Canada, Nova Scotia and New Brunswick • Managed network of 150+ VARs, including sales training • Managed team of inside account managers • Developed and conducted advanced training workshops, webinars and user conferences • Reported to Vice President of Sales Accomplishments: • Increased sales by 41 % • Contracted and certified 9 VARs Kastle Entertainment • Los Angeles, CA Marketing Consultants, Product Development, Merchandising and Promotions (www.kastleentertainment.com) Managing Partner • 2001— 2003 General operations and management of 40+ office, field sales and independent contractors • Client Company: uWink, Inc. • Los Angeles, CA (www.uwink.com) Manufacturer of entertainment software, touch screen video game terminals and amusement vending machines. Reported to the CEO, Mr. Nolan Bushnell, founder of Atari and Chuck E. Cheese Project: Design and development of Cosmetic Vending Machine and Cosmetic Brand Lead team in concept creation, market research, brand development, manufacturer and component sourcing, packaging design, pricing/margin analysis, software design and development, video production, prototype construction and testing, sales and marketing plan and materials Results: Successful introduction at Industry Trade show, feature articles in Vending Times and Replay magazines, significant distribution deal working and development interest from The Body Shop, Estee Lauder and others • Client Company: House Foods America Corp. • Garden Grove, CA (www.house-foods.com) Largest U.S. manufacturer of tofu and importer of processed foods, second largest in Japan. Project: New product sales, promotion and demonstration Directly managed three new -product in-store sales campaigns for grocery stores throughout So. California. Managed hiring, training and supplies for a staff of over 40 sales demonstrators. Developed market research techniques, reporting methodology and promotional materials. Results• Successfully introduced Tofulicious, Tofu Burger and Tofu Shirataki into markets, rathered,marketing data from over J40,000 consumers and directly sold over 40,000 product ient Company Cadbury-SchweppesfDos Amigos •Tecate, (www.cadburymexicocorn . k, Mexican arm of one of the largest beverage and confection companies in the world. Manufacturer of Penafiel Mineral Water and Squirt. Project: Developed and conducted proprietary survey and market analysis of carbonated beverage product category in Hispanic Independent Grocery Store Chains throughout So. California Results: Due to project success, subsequently hired to coordinate six month merchandising and in-store sales campaign for product re -introduction into So. California Hispanic markets UMDN, Inc. • Santa Monica, CA Affinity based marketing company providing benefits for union members (www.umdn.com) Director of Sales & Marketing • 1997 — 2001 • Developed and executed nationwide sales strategy, including commission based sales compensation plan and qualified lead generation program • Hired and trained inside and outside sales of 15+ professionals • Created union member enrollment task force • Directed successful National Accounts program, implemented sales programs in conjunction with C-level executives at Avis, Lasik Vision, Home Base, Allied Insurance Accomplishments: • Sales from 0 to 600+ fee -paying businesses • Increased union member enrollment 100% - 300% yearly BRISTOL-MEYER SOUIBB/CONVATEC • Skillman, NJ Manufacturer of Wound and Skin Management Products and Solutions (www.convatec.com) Regional Sales Manager • 1995 -1997 • Responsible for product sales, account services and information management activities in So. California territory • Managed distributor network • Certified Continuing Education Instructor responsible for training and implementing patient care, clinical support, assessment and Management programs in Hospitals and Skilled Nursing Facilities Accomplishments: • Improved territory profitability by 32% LAERDAL MEDICAL CORP. •Wappinger Falls, NJ MantiqCtiircr:Kpe,fibrillatOrs, Heart Simulators, Life Support Training Products, Airway &Spinal lmm©liiliatio capita' equipment and disposables. (www laerdal.com) Reg• ional Sales Manager • 1993 Managed direct product sales. account services and information management activities in So. Californiaterritory p,n Implemented system wide product field training for EMS professionals Accomplishments: • Achieved between 112% - 140% of assigned sales quota yearly ZIMMER ELEKTROMEDIZAN • Irvine, CA Western National Sales Manager/Sales Representative Manufacturer of Electrotherapy, Ultrasound & Diathermy capital equipment and disposables Western Regional Sales Manager / District Sales Manager • 1991 - 1993 • Promoted to manage Western territory sales activities including recruitment and training of sales representatives • Created company training program and materials for Chiropractors and Physical Therapists EDUCATION • Master of Business Administration, Pepperdine University • Bachelor of Science, School of Journalism, Advertising/PR, University of Colorado LanguageServices EUGENE SCHRIVER IV Executive Vice -President & General Counsel EDUCATION • Juris Doctor, 1996 Villanova University School Of Law: Villanova, PA • Commencement Keynote Speaker, May 1996 • National Competitions Coordinator, Moot Court Board • Winner, Best Brief, Undefeated Oral Argument, 1996 F. Lee Bailey National Constitutional Law Moot Court Competition • Winner, Second Best Brief, 1995 National Tax Moot Court Competition • Academic Committee Appointee • Executive Director, Community Service Program • Volunteer, Immigrant Farm Workers Legal Aid • Member, Corporate Law Society, International Law Society, Sports, & Entertainment Law Society • B.A. Economics, cum laude, 1993 Temple University: Philadelphia, PA • Norman Sun Economics Prize Finalist, 1993 • Member, Honors Economics Program • Omicron Delta Epsilon (Economics Honor Society) • Member, Intellectual Heritage Society • Dad Vail Regatta Champion, 1990 • Oarsman, Temple University Men's Varsity Crew • Volunteer, Habitat for Humanity • Member, Kappa Delta Rho Social Fraternity WORK EXPERIENCE • Vice President and General Counsel Language Services Associates, Inc. Willow Grove, PA 9/00 — present Contact: Arthur Seefahrt (215) 657-6571 Supervise project management and contracts, develop growth strategies and manage legal functions and for foreign language communication company. • Act in day-to-day executive capacity, managing implementation and compliance with large contracts for government and commercial clients, involved with product development, strategic planning, systems design, new technology and quality control. • Responsible for corporate governance, contract drafting and negotiation, technology licensing and intellectual property (patent, copyright, trademark and trade dress), employment, employee benefits, confidentiality agreements, commercial leasing, insurance, collections, mergers & acquisitions and litigation (in-house and management). Duties involve substantial exposure to Schriver — Page 1 1111 Language Services information technology and telecommunications license and sales agreements, maintenance and support agreements, service and consulting agreements. • Analyze, evaluate, negotiate and structure development transactions, strategic partnerships, joint ventures and various growth opportunities. • Supervise government contract drafting and compliance. Extensively exposed to Federal Acquisition Regulations and procurement procedure, including drafting and editing of proposals and bids. • Headed team that developed growth strategy that resulted in firm being named 1 lth Fastest Growing Private Company in the Philadelphia metro area in 2001 by Philadelphia Business Journal and the Wharton School of the University of Pennsylvania. • Director of Business and Legal Affairs CelebSites, Inc. Motion Picture Corporation Of America Santa Monica, CA 3/99 - 9/00 Contact: Brad Krevoy, CEO (310) 319-9500 Managed all major legal functions, and participated in business development, for leading online portal providing content, websites, e-commerce platforms, merchandising, consumer data and licensing for notable actors, actresses, musicians and major film studios. • Responsible for and concentrated on New Media legal matters, licensing and intellectual property rights (primarily copyright infringement, Fair Use, the DMCA, ACPA, ICANN and the UDRP), and e-commerce related issues. • Managed general corporate governance and transactions, including acquisitions, shareholder issues, venture capital, client and service contracts, employment, commercial leases and litigation management. • Acted as lead counsel on several cutting edge cases involving cyber squatting and domain name disputes. • Involved with strategic planning, business development, fund raising and writing business and financial plans. ■ Negotiated and executed deal memos and contracts for motion pictures. • General Counsel M.R.S. Associates, Inc. Cherry Hill, NJ 9/97 - 12/98 Contact: (Company has been acquired and dissolved) Chair of Legal Department for large receivables management and collection company handling $750 million debt portfolio. ■ Responsible for all major legal functions of the corporation, including contract drafting and review, employment, licensing and bonding, litigation management, insurance, compliance and creditor's rights. • Involved in strategic planning, including support in mergers & acquisitions and due diligence. Schriver — Page 2 ■ LanguagaNServices • Associate Attorney Margolis Edelstein, LLP Philadelphia, PA 5/95 - 11/97 Contact: James Kahn, Esq., Senior Partner (215) 922-1100 Member of Commercial Law Department in 120+ attorney firm, representing large banks and financial institutions, corporations, legal and medical professionals, and corporate officers and directors. • Handled shareholder disputes, employment (including ADA, FMLA and Title VII), misappropriation of trade secrets, intellectual property, officer and director liability, insurance coverage, creditor's rights, execution of judgments, foreclosures, and breach of warranties. • Concentrated primarily in litigation, but supported selected transactions. • Experienced in state and federal jury trials, arbitration and appellate practice. • Law Clerk for Professor Henry H. Perritt, Jr. Villanova University School of Law Villanova, PA 2/94 - 5/95 Contact: Henry Perritt, Dean, Chicago -Kent School of Law (312) 504-5001 Conducted extensive research and drafting for several practitioners' legal texts, authored by Professor Henry H. Perritt, Jr. (current Dean of Chicago -Kent School of Law). Published materials include sample contracts, jury instructions, discovery forms and text in employment law, Internet and healthcare policy. RELEVANT EXPERIENCE • Involved in day-to-day management of EOIR's Unscheduled Telephonic Interpreter contract. Has attended national EOlR judges' conferences and is familiar with OCIJ/LSU personnel via current telephonics contract. • Managed implementation of systems when LSA became the only company on statewide contract for language services with the State of New York. This contract includes on -site interpreters, translation, and telephonic interpreters for several state agencies, including Dept. of Health, Dept. of Labor and Dept. of Law. • In 2002, negotiated contract and managed implementation of telephonic interpreting piece for Mayor Bloomberg's New York City 311 Initiative, anticipated volume of 1 million calls over first year of contract. • Managed implementation of Supreme Court of Virginia telephonics contract, and attended several judges' conferences to provide contract information, introduction to the services, and training. • Served as interpreter team manager for INS during the Kosovar airlift to Ft. Dix, NJ. • Manages most GSA contractual issues. • Negotiated terms and managed implementation of first statewide contract for language services with the State of California. Schriver — Page 3 Lan a Seruices •��� 9ua 9 • As an officer of the court and a former litigator, familiar with the courtroom, procedure, and working with interpreters in that setting. • Managed implementation of GEFA nationwide interpreter contract, providing interpreters for various litigation purposes to law firms throughout the United States. • As National Competitions Coordinator in law school, managed selection, assignment, management and logistics for sending 20 teams to Moot Court Competitions throughout the United States. AFFILIATIONS • American Bar Association - Business Law Section • Corporate Counsel Association of America • Computer Law Association • Commercial Law League of America • Pennsylvania Bar Association • Philadelphia Bar Association • New Jersey State Bar Association • Hispanic National Bar Association • Venice Interactive Community PROFESSIONAL ORGANIZATIONS • Member of ATA and NAJIT via LSA PUBLICATIONS AND PRESENTATIONS • Panelist, Judicial Workshop II: Issues And Solutions In Dealing With The Immigrant Party In The Courtroom - Panel Discussion, Hispanic National Bar Association Annual Convention, Atlanta, GA, October 2002 • When The Players Don't Speak Your Language: Negotiating The Deal With Non - English Speakers, LSA Newsletter, October 2001 • Brad Pitt Sells Insurance In Ohio: The Realities Of Cybersquatting, CelebSites client publication, February 2000 ` • Effective Due Diligence In Mergers And Acquisitions, The Collections Industry Mergers And Acquisitions Institute 1998 • Speaker and Faculty Member, The Collections Industry Mergers And Acquisitions Institute, Chicago, IL, November 1998 • Contributor, Civil Rights In The Workplace, Employment Law Update, Law And The Information Superhighway, and Health Care Reform, authored by Henry H. Perritt, Jr. 1994-1996. All texts published by John F. Wiley & Sons, New York, NY. Publishing information available upon request. Schriver — Page 4 ■ nguage Servicese. ARTHUR M. SEEFAHRT, CPA Accounting Manager EDUCATION • A.B. Degree, History,1973 Lafayette College: Easton, PA • Course Concentration: Accounting 27 credits; G.P.A. = 3.8/4.0 Temple University: Ambler, PA WORK EXPERIENCE • General Mgr./ Controller Language Services Associates Willow Grove, PA October 1999 - Present Contact: Laura Schriver, President (215) 657-6571 Directly supervise all managerial personnel including the accounting department. Mr. Seefahrt has prepared LSA to take on larger contracts by building a more sophisticated infrastructure in technology and personnel. The first step was a migration through two software accounting systems and the revision of procedures to take advantage these new systems. The company has migrated twice to more sophisticated accounting software and now is running MAS 200, a robust system equal to the task of accounting for large volumes of transactions. The addition to the executive team of a nationally recognized Director of Programs and Quality Assurance, and an IT manager with an engineering degree for data networks/telephony, completed the initial human resource goals set by Mr. Seefahrt and Mrs. Schriver, LSA's President, to position the company for success in managing dramatic growth. Mr. Seefahrt has worked on bidding Federal Fixed Price contracts. He continues to handle compliance, program, funding and accounting issues for Federal Fixed Price and Cost plus fixed fee contracts. He has interfaced with Contracting Officers, Contracting Technical Representatives and DCAA auditors. • Consultant Self-employed New Britain, PA September 1992 - 1999 Providing Controller Services and Management Consulting in the areas of Finance, Management, Individual & Organizational Assessment, Management Training and Selection Assessment. Selected Accomplishments: • Assisted in the turnaround of Regional Service Company. The company moved from sales of $40,000 a month in bankruptcy to sales of $145,000 a month, profitability, and exited bankruptcy within in three years. Seefahrt — Page 1 Language Services ■ Reviewed the Letter of Credit Department of a $150 M international marketer of footwear and identified changes that would save the company over $125,000 ■ Improved the retention and selection process of a Philadelphia Fast 50 technology company. • Provided coaching for a local sales representative of a national telecommunications company. Who moved from 50% to 75% of her quota during the quarter of coaching and reached 113% of her yearly quota and Presidents' Club Honors. • Chief Financial Officer Dumont Carpet, Inc. Bensalem, PA 1986 - September 1992 Contact: Steven Lieberson, President 215-938-7386 Responsible for the cash management, general administration, hiring, and strategic planning for the company. Selected Accomplishments: ■ Conceptualized and implemented a successful financial plan that increased growth from $4 million to $6 million in three years. Raised over $1 million in from general contractors by providing special discount privileges. Improved accounts receivable collection from 79 days to 53 days. • Developed the company's first competition analysis and strategic planning documents. • Responsible for developing central purchasing and a team concept of shared job responsibilities between Salesmen/Estimators and project managers which increased sales from $4 to $6 million in three years. ■ Responsible for the hiring process for office, warehouse and sales personnel, which improved length of service and employee retention. RELEVANT EXPERIENCE His experiences as a consultant provided valuable background in implementing new ideas, practices and procedures within tight time frames. His experience in accounting, finance, operations and management gives him the flexibility to work with the big picture or the small details of both the transition period and the ongoing contract administration. Thirty years business experience, of which 20 years were as a CPA. He has had our IT department standardize database structure across operating and support departments of the company. The standard is Microsoft SQL Server 2000 Service Patch 3. He has successfully worked for over three years with Federal Firm Fixed Price and Cost plus Fixed Fee contracts. He has prepared Incurred Cost Submissions for Cost plus Fixed Fee contracts and interface with DCAA auditors. AFFILIATIONS • National Contract Management Association Seefahrt — Page 2 Language_Seruicas PROFESSIONAL ORGANIZATIONS None relevant. HONORS AND ACHIEVEMENTS None relevant. PUBLICATIONS AND PRESENTATIONS As a speaker, Mr. Seefahrt has delivered presentations for the Institute of Management Accountants and the Institute of Management Consultants. Seefahrt — Page 3 LanguageqServices Laura Schriver — President Laura is the founder of Language Services Associates. As a certified Spanish interpreter, Laura has built this company on her core belief in customer service. She started LSA with a phone and desk, and the company has grown into a multi -million dollar business in the forefront of the industry. Gene Schriver — Executive Vice President Gene has been with LSA since 1999 and serves as the General Counsel. He oversees all sales activities. His main responsibilities include supervising project management and contracts, developing growth strategies and managing legal functions. Gene graduated with honors from Temple University with a BA in Economics and has a J.D. from Villanova University. Starla Keith — Director of Sales Starla brings many years experience in leading organizations to high levels of success. As a former Director of Operations in On -Location Interpretation, Translation and Localization, she has a deep understanding of how to provide quality language services. Starla holds both a Bachelor of Science and a Master's Degree in Business Administration. Lynn Dick — Manager, Interpretation Division Lynn has been with LSA since 1999 and has helped grow our state of the art CTI system from the ground up. As one of our original coordinators, Lynn saw the potential in LSA, and asked our President to help with the innovation. She currently manages our call center, handling all of the day to day activities in managing a call center that handles over 300,000 calls per year. Lynn will be the State's point of contact for any questions or concerns regarding our OPI services. Dan Tyson — On -Location Department Manager Dan oversees hundreds of requests each month for on -site interpreter services. He has been with the company since 2004, starting out as a Project Coordinator, and has served as Department Manager for the past two years. He also specializes in managing interpreters for conference events and other special projects for federal and private clients alike. Dan has a BA in Political Science. 1 Language Seruices Armando Hasbun — Director of Quality Assurance Our Director of Quality Assurance, Armando Hasbun is a federally certified interpreter and certified trainer for the nationally recognized Bridging the Gap Medical Interpreter training. Armando's experience in training interpreters to fill roles as the facilitators of diverse processes will provide the needed experience to prepare for a foreign language spike. Stephanie Vine — Recruiting and Retention Manager Stephanie Vine is an experienced recruiter who has been working at LSA since 2001. Her role is to identify qualified interpreters in Spanish and other languages to ensure that our customers will have a full supply of qualified interpreters to meet expected demand. As the needs of the State of Maine change, Stephanie will consult with LSA's team and the State to ensure her recruiting activities stay apace of expected demand. Anthony Lannutti — Creative Director Tony is a skilled graphic designer with valuable experience in building sophisticated multilingual web sites and developing efficient solutions to the complex challenges associated with multilingual desktop publishing. By directly engaging similarly skilled professionals in client art departments, he is able to ensure that the graphic and web content LSA provides is delivered on time and meets client requirements for formatting and encoding. 2 500 School House Lane Willow Grove, PA 19090 Lynn Suzanne Dick Phone 215-657-4661 Fax 215-657-6057 E-mail ldick@lsaweb.com Professional 1999-Present Language Services Associates Willow Grove, PA experience Accreditation ................... Security clearance InterpreTalk® Department Manager ■ Manage the InterpreTalk® Department (Call Center) and on -call 24/7/365 • Supervise staff including scheduling • Interview, hire, train, and consistently review Coordinators • Process data for weekly department head meetings reviewing report analysis • Assist in the development of client and interpreter databases as well as continual maintenance • Update procedures and training manuals • Recruit and retain sub -contractors 1994-1999 Manager • Opened and closed restaurant for daily business • Processed Daily Accounts Payables and Receivables • Scheduled the Busser and Expeditor shifts • Oversaw daily business including banquets Mike's York Street Bar and Grill Warminster, PA 1992-1994 Olive Garden Willow Grove, PA Hostess Trainer • Responsible for seating of customers • Assisted Management with Server schedules • Trained newly hired Hosts and Hostesses 1992-1993 Developmental Enterprises Corporation Willow Grove, PA Training Instructor • Supervised a group of 15 mentally and physically challenged individuals • Organized the daily job responsibilities for the group • Documented and reported each individuals achievements for the day for their earnings Microsoft Office Suite Certified T3 Level Clearance with the Department of Homeland Security 10 Lan ue a Services LAURA K.T. SCHRIVER .President CURRICULUM VITAE EDUCATION • Scheib Institute, Buenos Aires, Argentina Course work in interpretation and translation Biblioteca Superior de Mujeres, Buenos Aires, Argentina. Completed a secretarial program. • Colegio San Isidro Majored in business at this five year girls preparatory school RELEVANT EXPERIENCE • Executive: Inception, management and control of corporation with 52 employees and 4,000 subcontractors. Financial supervision of Chief Financial Officer, Operations, first and second tier management. • Public Relations: Hosting foreign and domestic Diplomats, acting as host for former First Lady, Barbara Bush, acting as governmental spokesperson at home and abroad, organizing promotional campaigns and corporate social events including air time on radio and television. • Translation/Interpretation: Specializing in Simultaneous court interpretation and medical Interpretation. Fluent in English -Spanish- Portuguese and French. EMPLOYMENT • 1991 to present — Language Services Associates CEO and President • Rugby/Darby Pharmaceutical Group —1987 to 1991 Pharmaceutical Sales Rep. • 1982 to 1986, Institutes for the Achievement of Human Potential — Interpreter/Developmentalist • 1981 to 1982, Parking Products, Inc. International Sales Rep. • 1977 to 1981, Pension Administration Services, Office Manager Schriver, Laura — Page 1 Language Services • 1976 to 1977, Ramada Inn, Front Office Manager. • 1971 to 1976 — Spent this time raising a family. • 1969 to 1971— Braniff International, Airline Flight Attendant • 1966 to 1967, Embassy of India, Protocol Secretary. AFFILIATIONS President, Rotary Club of Willow Grove 2005-2006 PROFESSIONAL ORGANIZATIONS American Translator's Association National Association of Judiciary Interpreters and Translators HONORS AND ACHIEVEMENTS • 1999 Hispanic Business Journal Fastest Growing Company #43 • 1999 Commendation from The Department of Justice for Outstanding Work and Dedication for "Operation Provide Refuge" • 2000 Wharton School of Business and the Philadelphia Business Journal "Top 100 Fastest Growing Businesses" #13 • 2001 Wharton School of Business and the Philadelphia Business Journal "Top 100 Fastest Growing Businesses" #11 • Best 50 Women in Business Award presented by Governor Rendell in 2003 • 2004 Philadelphia Business Journal "Top 25 Women in Business" • 2005 Philadelphia Business Journal "Top 25 Women in Business" • 2005 "Top Diversity Owned Business" from DiversityBusiness.com • 2005 "Top Small Business" from DiversityBusiness.com Schriver, Laura — Page 2 !Language Services • 2005 Graduate of the Year from The Philadelphia Region Small Business Administration • 2006 Philadelphia Business Journal "100 Fastest Growing Privately Held Companies. Schriver, Laura — Page 3 Language Services ARMANDO HASBUN Director of Quality Assurance EDUCATION • Certificate in Conflict Resolution, 2001 Saint Joseph's University • Doctoral Studies in Romance Languages, 1994 University of Pennsylvania • M.A. Spanish Language and Literature, 1990 University of South Florida • Certificate in ESL Instruction, 1990 University of South Florida • Certificate in Latin American Studies, 1988 University of South Florida • B.A. Psychology, 1986 University of South Florida • B.A. International Studies, 1986 University of South Florida WORK EXPERIENCE • Director of Quality Assurance Language Services Associates, Inc. Willow Grove, PA 2005-present Contact: Arthur Seefahrt (215) 657-6571 • Chief Interpreter & Director of Translation and Editing Services ATLAS Interpreting. Drexel Hill, PA 2002-2005 Contact: Gilbert Ruiz (610) 715-2000 • Senior Interpreter & Interpreter Training Coordinator Consultant The Lingual Institute Philadelphia, PA 1999-2005 Contact: Ken Klein (215) 564-4040 Hasbun — Page 1 Language Services • ESL Instructor/Program Supervisor Life Skills Program The Comey Institute of Industrial Relations Saint William's Middle School Willow Grove, PA 2001-2002 Contact: Maria Barrera (215) 722-8608 • Visiting Professor Saint Joseph's University Philadelphia, PA 1999-2001 Contact: Robert Shannon (610) 660-1848 • Adjunct Instructor University of Pennsylvania Philadelphia, PA 1993-1995 Contact: Gladys Vallieres • Adjunct Professor Saint Petersburg University St. Petersburg, Fl 1990-1993 RELEVANT EXPERIENCE • Participation in the American Translation Association Seminar on Translation and Interpretation for the Entertainment Industry, Los Angeles, 2003. • Qualified by The National Geographic Channel Media Production Team. • Transcription of undercover tapes for the Drug Enforcement Administration. • Support work on simulcast for Britain's Skytel, 1997. • Voice recordings for the Pennsylvania Convention Center. • Knowledgeable in simulcast interpretation for television, radio, and the Internet. • Well versed in conference interpretation, including project coordination, training and supervision. • Proficient in editing and localization of original scripts. • Experience in dubbing and subtitling video productions. • Coaching of speakers on accent localization and public speaking in Spanish. Hasbun — Page 2 min Language Services STEPHANIE VINE Recruitment and Retention Manager EDUCATION • B.A. in English, 2001 Temple University: Philadelphia, PA ■ Graduate level course work in Spanish • I.T.C. International T.E.F.L. Certificate, 2002 Madrid, Spain ■ Internationally recognized certification in teaching English as a foreign language • Course work in Spanish and Latin American studies, 1991-1992 Universidad de Costa Rica, San Jose, Costa Rica ■ Student exchange program WORK EXPERIENCE • Recruitment and Retention Manager Language Services Associates, Inc. Willow Grove, PA 2002 — present Contact: Arthur Seefahrt (215) 657-6571 • Maintain and update database of market related resources. • Research Interpreter market for currency. • Recruit Interpreters based on client need and contract requirements. • Handle Interpreter Retention issues. • English and Spanish Instructor Bucks County Community College Newtown PA 2000 — present Contact: Eileen Moulin (215) 860-1137 • Teaching skills in reading, writing and speaking. • Classroom management in a multi -cultural environment. • Coordinating lesson plans and course development for learners with wide ranges of language skills. • English Program Director School of St. John the Evangelist Lambertville, NJ 2000 — 2002 • Developed and instructed the English speaking program for Spanish speakers. • Researched learning materials and resources. • Organized class schedules and teacher -student dynamics. Vine — Page 1 Language Services neennotae • English Instructor Counterpoint Language Consultants Bridgewater, NJ 2000- 2002 Contact: James Kahn, Esq., Senior Partner (215) 922-1100 Member of Commercial Law Department in 120+ attorney firm, representing large banks and financial institutions, corporations, legal and medical professionals, and corporate officers and directors. • Taught international corporate employees conversational English. • Gave language assessment and evaluation. • Gave English consultation to the corporate ex -patriot community. RELEVANT EXPERIENCE • Involved in day-to-day management of EOIR's Unscheduled Telephonic Interpreter contract. Has attended national EOIR judges' conferences and is familiar with OCIJ/LSU personnel via current telephonics contract. • Managed implementation of systems when LSA became the only company on statewide contract for language services with the State of New York. This contract includes on -site interpreters, translation, and telephonic interpreters for several state agencies, including Dept. of Health, Dept. of Labor and Dept. of Law. • In 2002, negotiated contract and managed implementation of telephonic interpreting piece for Mayor Bloomberg's New York City 311 Initiative, anticipated volume of 1 million calls over first year of contract. • Managed implementation of Supreme Court of Virginia telephonics contract, and attended several judges' conferences to provide contract information, introduction to the services, and training. • Served as interpreter team manager for INS during the Kosovar airlift to Ft. Dix, NJ. • Manages most GSA contractual issues. • Negotiated terms and managed implementation of first statewide contract for language services with the State of California. • As an officer of the court and a former litigator, familiar with the courtroom, procedure, and working with interpreters in that setting. • Managed implementation of GEFA nationwide interpreter contract, providing interpreters for various litigation purposes to law firms throughout the United States. • As National Competitions Coordinator in law school, managed selection, assignment, management and logistics for sending 20 teams to Moot Court Competitions throughout the United States. AFFILIATIONS • American Bar Association - Business Law Section • Corporate Counsel Association of America • Computer Law Association • Commercial Law League of America • Pennsylvania Bar Association • Philadelphia Bar Association Vine — Page 2 °°! Language Services • New Jersey State Bar Association • Hispanic National Bar Association • Venice Interactive Community PROFESSIONAL ORGANIZATIONS • Member of ATA and NAJIT via LSA PUBLICATIONS AND PRESENTATIONS • Panelist, Judicial Workshop II: Issues And Solutions In Dealing With The Immigrant Party In The Courtroom - Panel Discussion, Hispanic National Bar Association Annual Convention, Atlanta, GA, October 2002 • When The Players Don't Speak Your Language: Negotiating The Deal With Non - English Speakers, LSA Newsletter, October 2001 • Brad Pitt Sells Insurance In Ohio: The Realities Of Cybersquatting, CelebSites client publication, February 2000 • Effective Due Diligence In Mergers And Acquisitions, The Collections Industry Mergers And Acquisitions Institute 1998 • Speaker and Faculty Member, The Collections Industry Mergers And Acquisitions Institute, Chicago, IL, November 1998 • Contributor, Civil Rights In The Workplace, Employment Law Update, Law And The Information Superhighway, and Health Care Reform, authored by Henry H. Perritt, Jr. 1994-1996. All texts published by John F. Wiley & Sons, New York, NY. Publishing information available upon request. Vine — Page 3 Sourcing egues ROM Negotiations > Negotiations Search > QuoteHistory .{RFQ89049,2). > Quote: 372241 (RFQ 89049,2) Title Time Left Style Quote Currency Contact Suppliers' Quote Number Quote Status Note to Buyer Attachments Invitation for Bids for Language Line Translation Services 0 minutes Sealed USD Matthews, Mr. Joe Active Ne Home Logo Preferences Help. dmiriistration Actions Online Discussions Close Date Ranking Supplier Supplier Site Quote Valid Until Purchase Order 08/13/2008 13:00:00 Price Only Language Line Services Inc Last File Updated Last Name Typepescnption Category By Updated ,No • :results :found. Attributes Shaw All: Details I Hide. All Details Details Group ,` " Hide General Attribute Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Required !Required !Required Required Maximum Score Publish to Usage Update Delete Catalog Attribute Target Type Value Quote Value Required Language Line Services, Inc Required Privately -held corporation 1,982 Other One Lower Ragsdale Dr, Bldg 2 `.0 Monterey, CA 93940 N/A N/A, The next field of Occupational License Expiration Date required an entry and it would not accept N/A, so entered 13 August, 2008 which is the due date of the IFB. 08/13/2008 Score Yes Maximum Score Score http://imiami.riverside.cmgov.net:8003/OA HTML/OA.jsp?OAFunc=PONRESENQ VIEWBID... 8/20/2008 Hiring Agreement.": (Yes or No) Do you expect to create new Required positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question Required above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, Required summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Service Total Contract Amount Optional ( which includes base term and renewal options): Is this service contract a citywide ,Optional contract? (Yes or No) If the above answer is no, please ';Optional indicate the name of the city (end user) department that your contract will serve: Provide brief description of the Optional project or service to be provided l/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Reference No. 1: Name of Required Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 1: Name of Contact Required Person and telephone number for above reference Reference No. 2: Name of Required Company/Agency for which bidder is currently under contract for the provision of language line translation. Optional N/A N/A ;Unknown Miami Emergency Services On -demand foreign language interpretation supporting 9-1-1 calls and. emergency dispatch, available to eligible agencies, 24x7x365. The service is complemented by customer training and support tools to faciliate :communication with Limited English Proficient (LEP) callers. Yes Las Vegas Metropolitan Police Department Barbara Doran — Director of Communications 702-828-7172 NYC Police Department http://imiami.riverside.cmgov.net:8003/OA_HTML/OA jsp?OAFunc=PONRESENQ VIEWBID... 8/20/2008 services or has provided such services for within the last three (3) years: Reference No. 2: Name of Contact Person and telephone number for above reference Reference No. 3: Name of Required Valley Emergency Communication Company/Agency for which bidder is Center currently under contract for the provision of language line translation` services or has provided such services for within the last three (3) years: Reference No. 3: Name of Contact Required iii Gigi Smith — Police Operations Person and telephone number for Manager 801-840-4007 above reference Have you provided with your bid Required response a copy of resume(s) and experience of those individuals who will be assigned to this contract as Contract Manager and/or Project Team? yes or no. Required Total 0 Contract Terms Variables Details Section No variables found. Deliverables COIndicates deliverable is overdue Deliverable Name No deliverables found. Lines el TIP All prices are in USD. Show All Details I Hide All Details Details Line "'Hide .1 Language Line Translation Services for the Departments of Police and Fire - Rescue: 5 a.m. to 5 p.m., Monday - Fnday.... ._......... ..... ... Attributes Attribute No results found. Clause Mr. Michael T. Foley 718-254-1304 Variable Description Value X Indicates responsible party failed to perform the deliverable Due Date Status Target Minimum Start Target Quote Estimated Release Rank Price Price Price Unit Quantity, Amount 0.91 Minute 1 Group Target Value Quote Value Alert Update Quote Minimun Release Quote Active Amount Total Quotes 0.915 http://imiami.riverside.cmgov.net:8003/OA HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID... 8/20/2008 Attachments Last Updated Last Publish to File Name Type Description Category By Updated Usage Update Delete Catalog No results found. Hide '2 Language Line Translation Services for the Departments of Police and Fire - Rescue: 5 p.m. to 5 a.m., Monday -Friday Attributes Attribute No results found. Attachments Group 0.91 Minute Target Value Quote Value 0.915 Last Updated Last Publish to File Name Type Description Category By Updated Usage Update Delete Catalog :No results I .found. Hide. 3 Language Line Translation Services for the Departments 'of Police and Fire - Rescue: Weekends land Holidays. Attributes 0.91 Minute' Attribute Group Target Value Quote Value No results found. Attachments File Name !No results :found. 0.915 Last Updated Last Publish to Type Description Category By Updated Usage Update Delete Catalog Return to Quote History CRFQ 89049,2) Actions . Online Discussions Go Requests I Negotiations 1 Intelligence. j Administration I Home, l Logout i Preferences I Help Copyright (c) 2006, Oracle. All rights reserved. priyacy Statement http://imiami.riverside.cmgov.net:8003/OA HTML/OA.jsp?OAFunc=PONRESENQ_VIEWBID... 8/20/2008 Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or arty part of this submission. Prices should be .firm for amminimum of 120 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No, 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS' — We.(I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: •Teielanguage, Inc. SUPPLIER NAME' 421 SW 6th Ave, Ste.1150, Portland, OR 97204 ADDRESS: 503-535-2176 503-246-6115 PHONE: FAX - EMAIL: Andre@Telelangage com' SIGNED BY - Co -President 8/T/2008 TITLE: DATE: BEEPER: 503-888-1.879 FAILURE TO COMPLETE. SIGN. AND RETURN TIES FORM SHALL DISOUALJFY THIS BID. Modified Submittal Page 2 of 34 Certifications Legal Name of Firm: Telelanguage, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1 991 Office Location: City of Miami, Miami -Dade County; or Other Portland, OR Occupational License.Number: In Process • Occupational License Issuing Agency: N/A Occupational License Expiration Date: N/A Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of.a "First Source Hiring Agreement.": (Yes or No) Yes Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) No In the event your answer to question above is yes, how many new positions would you create to perform this work? N/A PIease list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. N/A Does the City of Miami Living Wane Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Teunts and Condtions) (Yes or No) Modified Submittal Pane 3 of 34 No Service Total Contract Amount( which includes base term and renewal options): Unable to Determine from IFB *rates listed on page 6 there are no additional fees Is this service contract a citywide contact?' (Yes or No) Yes If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: N/A Provide-briefs.iescription ofilae:project or service.to.be`provided Telephonic tnterpre.tatio 24/7/365 4n Demand UWe hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Yes Reference No. 1: Name of Company/Agency for which.bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Legacy Health Systems Reference No, 1: Name of Contact Person and telephone number for above reference Barbara Sondgrass. 503-413-4367 Reference No. 2: Name of Company/Agency for which bidder is -currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Santa Clara Health Sytems Reference- No. 2: Name. of Contact Person and telephone number for above reference Alberto Aguirre 408-808-6150 Reference No. 3: Name of Company/Agency for which bidder is currently under contact for the provision of language Iine translation services or has provided such services for within the last three (3) years: University of Illinois Medical Center at Chicago Reference No. 3: Name of Contact Person and telephone number for above reference Julio Becerra 312-413-2819 Modified Submittal Page 4 of 4 Have you provided with your bid response a copy of resume(s) and experience of those individuals who will be assigned to this contract as Contract Manager and/or Project Team.? yes or no. Yes. Modified Submittal Fage5 of 34 Description: Language Line Translation Services for the Departments of Police and Fire -Rescue: 5 a.m. to 5 p.m., Monday - Friday. Category: 96175-00 Unit of Measure: Minute Unit Price: $ Number of Units: 1 Total: $ Spanish $1.09 Spanish $1.09 Others $1.19 Others $1.19 Line: 2 Description: Language Line Translation Services for the Departments of Police and Fire.Rescue: 5 pan. to 5 a.m.,Monday-Friday • Category: 96175-00 Unit of Measure: Minute Unit Price: $ Number of Units: 1 Total: $ SPanish.$1.09 Others $1.19 Line:3 Spanish $1.09 Others $1.19 Description: Language Line Translation Services for the Departments of Police and Fire -Rescue: Weekends and Holidays. Category: 96175-00 Unit of Measure: Minute Unit Price: $ Number of Units: 1 Total: $ Spanish $1.09 Spanish $1..09 Others $1.19 Others $1.19 Modified Submittal Page 6 of 34 Telelanguage Inc. r"` L.MV Vto( 1.63 PREPERATION OF RESPONSES A) Telelanguage is able to offer services the next business day after the notification of the award. 2.10 EXPERIENCE RECORD References Legacy Health Systems Barbara Snodgrass (503)413-4367 Director of Admitting 2801 N Gantenbein, Portland, OR BSnodgrass(a)LEIS.org Telephonic & On -Site Interpretation, Translation Healthcare Since 1993 Santa Clara Health System Alberto M. Aguirre (408)808-6150 Manager of the Interpreting Department 2310 N First Street; Ste 201, San Jose, CA Alb6rto.Apiirre@hhs.co.santa-clara.ca.us Telephonic Interpretation Healthcare Since 2005 City of Salem Darren Rice (503)738-1911 Technical Services Manager DRice@cityofsalem.net 595 Cottage Street NE Salem, OR Telephonic Interpretation Emergency 9-1-1 Services Since 2003 University of Illinois Medical Center at Chicago Julio R. Becerra MPH (312)413-2819 Director Of Guest Services (MC 693) 1740 W Taylor Street; Ste 1170, Chicago, IL ibecerra( ulc.edu Telephonic Interpretation Healthcare Since 2005 Children's Hospital & Regional Medical Center Juan Fernandez • (206)987-2825 Translations Coordinator 4800 Sand Point Way NE; Seattle, WA Tuan.Fernandezr.seattlechil.drens.org Telephonic Interpretation Healthcare Since 2004 Modified Submittal Page I bG,. Telelanguage Inc. L.HOU4tlE Primary personnel to support and maintain account This dedicated account management team will be assigned to manage City of Miami's requests for services from Telelanguage and shall implement a proper transition and City of Miami staff training if necessary. Dedicated Account Manager/Co-President Andre Lupenko 421 SW 66 Ave. Suite 1150 Portland OR 97204 Ph: 503-535-2176 Mo: 503-888-1829 Fax: 503-246-6002 Andre@telelanguage.com Andre has been with Telelanguage since 1991 as the General Manager of the company. He only manages the most important accounts for the company. Andre shall be the point contact for any questions, concerns or requests from City of Miami. These duties will include: • The monitoring of interpreter connection times • Addressing special and/or customized training needs • Dealing with interpreter and service quality issues 6 Technical and disaster recovery procedures Andre shall serve as a communication arm to the entire account management team. Director of Accounting Vicki Buck 421 SW 6" Ave. Suite 1150 'Portland, OR 97204 Ph: 503-535-2173 Fax: 503-246-6002 VBuck@telelanguage.com The Billing Account Manager will be the primary point of contact for any accounting issues or questions as invoicing, usage reports, credits etc. Vicki Buck has been with Telelanguage for over six years, working as a Manager of Accounting as well as in the Billing Account Manager. position. Some of her duties are: • Billing Contact • Invoice and Usage Reports Coordination • Issuing credits Director of Marketing and Customer Service Bruce Harris 421 SW 6t Ave. Suite 1150 Portland, OR 97204 Ph: 503-535-2172 Fax: 503-246-6002 BHarris@teielanguage.com Modified Submittal Page 2 Telelanguage Inc. The Global Account Manager will be the third point of escalation. Bruce will also be the Project Manager for any county -wide initiatives involving staff training and program implementation. Bruce has been with Telelanguage for five years and in the language interpretation industry for fourteen years. In this role, Bruce works primarily with the executive management team. Telelanguage Executive Staff The Executive Staff is primarily responsible for bringing Telelanguage together as an efficient, effective, and responsive organization. The coordinated efforts of the Executive Staff allows the President to provide the guidance essential for our company to accomplish its assigned mission. The executive staff includes: • Andrei Lupenko, Telelanguage Co -President, and • Leslie Lupenko, Co -President and Director of Operations. Management Staff Our management staff is the heart of our company. They make certain that all of our customers receive the services they have been promised. Our management staff includes: • Managers of Interpreters — Sabri Azizi and Lyndon Beckner • Call Center Manager — Blanche Michelle • Translation department manager — Jen Nimon-Told • Training Manager — Vanessa Pancic • Director of Innovation - Richard Joo • Network Manager and Telephony Administrator - Justin Edwards Modified Submittal Page 3 Telelanguage Inc. Lo 2.13 SUPERVISION Dedicated Account Manager/Co-President Andre Lupenko 421 SW 6th Ave. Suite 1150 Portland OR 97204 Ph: 503-535-2176 Mo: 503-888-1829 Fax: 503-246-6002 Andre@teleLanguage.com 3.1 Service Requirements K) Telelanguage is able to check the inbound call ID against the incoming request. In the event that the inbound call ID does not correlate to -a call from the City of Miami, further inquiry will determine if the call is to be connected. S) Monitoring Telelanguage randomly monitors its interpreters for quality assurance and the monitored interpreter receives an overall rating on the quality of their interpretation. One of the scales that we utilise to rate interpreters is based on the Massachusetts Interpreters Association and Education Development Center, Inc. Standards for Practice rating scale. Our training is viewed as a key strategic tool by Telelanguage management. With technology readily available, it's not what we have, but how we use it that counts: Our training manager Vanessa Pancic says: "New product technologies [have] become secondary; new process technologies [have] become primary. And we strongly believe that the resources that we spend on education and skills development of our employees and independent contractors will be the dominant competitive advantage over our competition." In order to ensure complete customer satisfaction, we operate an aggressive monitoring system of our interpretation assignments. Our technology allows us to monitor real-time calls in progress. We take advantage of this technology by randomly monitoring different assignments. Through this quality control program, we continually evaluate and develop programs for our Interpreter Continuing Education Plan in the areas .that require more detailed attention. For example; language proficiency, cultural awareness and subject knowledge. We constantly create and administer new courses for continuing education with the idea that if we provide the 1} hest tquality of interpreter service we will grow and retain our client base. Signed By: ate: 8/1/2008 Name & Title: Andre Lupenko, Co -President Modified Submittal Page 4 City of Miami Invitation for Bid (IFB) Purchasing Department Glenn Marcos, CPPB, Director/Chief Procurement Officer Miami Riverside Center 444 SW 2nd Avenue, 6w Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement IFB Number: 89049 Title: Invitation for Bids for Language Line Translation Services Issue Date/Time: IFB Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 21-JUL-2008 08/06/2008 @ 13:00:00 Friday, July 25, 2008 @ 3:00 p.m. Suarez, Maritza City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US msuarezci.miami.fl.us (305) 400-5025 Page 1 of 34 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 120 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME - ADDRESS• PHONE: FAX - EMAIL. BEEPER - SIGNED BY. TITLE: DATE - FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 34 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Page 3 of 34 Service Total Contract Amount( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Reference No. 1: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 1: Name of Contact Person and telephone number for above reference Reference No. 2: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 2: Name of Contact Person and telephone number for above reference Reference No. 3: Name of Company/Agency for which bidder is currently under contract for the provision of language line translation services or has provided such services for within the last three (3) years: Reference No. 3: Name of Contact Person and telephone number for above reference Page 4 of 34 Have you provided with your bid response a copy of resume(s) and experience of those individuals who will be assigned to this contract as Contract Manager and/or Project Team? yes or no. Page 5 of 34 Line: 1 Description: Language Line Translation Services for the Departments of Police and Fire -Rescue: 5 a.m. to 5 p.m., Monday - Friday. Category: 96175-00 Unit of Measure: Minute Unit Price: $ Line: 2 Number of Units: 1 Total: $ Description: Language Line Translation Services for the Departments of Police and Fire -Rescue: 5 p.m. to 5 a.m., Monday -Friday Category: 96175-00 Unit of Measure: Minute Unit Price: $ Line: 3 Number of Units: 1 Total: $ Description: Language Line Translation Services for the Departments of Police and Fire -Rescue: Weekends and Holidays. Category: 96175-00 Unit of Measure: Minute Unit Price: $ Number of Units: 1 Total: $ Page 6 of 34 Invitation for Bid (IFB) 89049 Table of Contents Terms and Conditions 8 1. General Conditions 8 1.1. GENERAL TERMS AND CONDITIONS 8 2. Special Conditions 27 2.1. PURPOSE 27 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 27 2.3. TERM OF CONTRACT 27 2.4. CONDITIONS FOR RENEWAL 27 2.5. EQUITABLE ADJUSTMENT 27 2.6. NON -APPROPRIATION OF FUNDS 27 2.7. METHOD OF AWARD 28 2.8. CONFIDENTIALITY OF TELEPHONE CALLS 28 2.9. ADDITIONAL SERVICES (S) MAY BE ADDED 28 2.10. EXPERIENCE RECORD 28 2.11. SUBCONTRACTING 28 2.12. PERSONNEL 28 2.13. SUPERVISION 28 2.14. LEGAL HOLIDAYS 28 2.15. BIDDER'S MINIMUM REQUIREMENTS 29 2.16. FAILURE TO PERFORM 29 2.17. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS 29 2.18. CONTRACT ADMINISTRATOR 29 2.19. TIE BIDS 29 2.20. SPECIFICATION EXCEPTIONS 30 2.21. TERMINATION 30 2.22. TERMINATION FOR CAUSE (TOWING) 31 2.23. ADDITIONAL TERMS AND CONDITIONS 31 2.24. PRIMARY CLIENT (FIRST PRIORITY) • 31 3. Specifications 32 3.1. SPECIFICATIONS/SCOPE OF WORK 32 Page 7 of 34 Invitation for Bid (IFB) 89049 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attomey's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for Page 8 of 34 Invitation for Bid (IFB) 89049 three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award Page 9 of 34 Invitation for Bid (IFB) 89049 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. Certified Minority/Women vendors may apply to participate in the City's Bid Bond Voucher Program by contacting the Minority/Women Business Affairs office. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client Page 10 of 34 Invitation for Bid (IFS) 89049 because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Minority/Women Business Affairs Enterprise (M/WBE) City Ordinances No. 10062, 10538, 11272, as amended, as applicable to this Formal Solicitation. E. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. F. Uniform Commercial Code (Florida Statutes, Chapter 672). G. Americans with Disabilities Act of 1990, as amended. H. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. I. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. J. City Procurement Ordinance City Code Section 18, Article III. K. Conflict of Interest, City Code Section 2-611;61. L. Cone of Silence, City Code Section 18-74. M. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. N. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff regarding Minority/Women Business Enterprise (M/WBE) and local vendor outreach programs; oral communications, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. Page 11 of 34 Invitation for Bid (IFB) 89049 In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. Page 12 of 34 Invitation for Bid (IFB) 89049 (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response Page 13 of 34 Invitation for Bid (IFB) 89049 non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration Page 14 of 34 Invitation for Bid (IFB) 89049 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Page 15 of 34 Invitation for Bid (IFB) 89049 Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.40 CITY OF MIAMI LIVING WAGE ORDINANCE- The City of Miami adopted a living wage ordinance for city service contracts awarded by the city containing a total contract value exceeding $100,000 annually for the following services: food preparation and/or distribution; security services; routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services. If this solicitation requires the aforementioned services, effective on April 1, 2007, contractors must pay its' employees a living wage no less than $10.92 an hour with a health benefit plan and not less than $12.17 an hour without health benefits, which shall be adjusted annually by no later than April 1st following the publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from time to time. A service contractor is defined as any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services, either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to the sale of products or goods. The service contractor, prior to entering any such contract, must certify to the city that it will pay each of its covered employees no less than the living wage. A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and Page 16 of 34 Invitation for Bid (IFB) 89049 (5) A commitment to pay all covered employees the living wage. A copy of the living wage rate shall be kept posted by the service contractor at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors shall furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a Living Wage. If you do not believe you being paid at the Living Wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. Service Contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered employees and basic records relating thereto and shall preserve them for a period of three (3) years from the date of termination or expiration of the service contract. The records shall contain: (1) (2) (3) (4) (5) (6) (7) (8) The name and address of each covered employee; The job title and classification; The number of hours worked each day; The gross wages earned and deductions made; Annual wages paid; A copy of the social security returns and evidence of payment thereof; A record of fringe benefit payments including contributions to approved plans; and Any other data of information the city require from time to time. Every six months, the service contractor shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any period covered by the service contract. The city may examine payroll records as needed to ensure compliance. Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of payment, termination of contract, and debarment. Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough description of the City of Miami Living Wage. 1.41. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.42. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to Page 17 of 34 Invitation for Bid (IFB) 89049 the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.44. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting investigation. 1.45. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.47. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.48. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. Page 18 of 34 Invitation for Bid (IFB) 89049 1.49. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i,e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. 1.51. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.52. MINORITY/WOMEN PROCUREMENT PROGRAM - Ordinance No. 10062, as amended, titled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by these Ordinances, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All bidders/proposers doing business with the City are encouraged to include the participation of minority firms in their response. In evaluating bids/proposals for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all responses. Possible ways to include minority participation would involve: A. Joint venture with a minority firm(s) B. Utilizing minority firm(s) as subcontractor(s). C. Utilizing minority firm(s) to supply goods and/or services. D. Successful implementation of well defined affirmative action program. E. Other forms of minority participation, if properly documented. Successful bidder(s)/proposer(s) shall be required to establish an Affirmative Action Plan, if not, an Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy. A "Minority Status Information Sheet" is provided to assist bidders/proposers in presenting information concerning minority participation. Minority and women -owned business firms are encouraged, but not required, to register with the City prior to submitting a response. The Purchasing Department, Minority/Women Business Affairs Office, will provide the necessary forms and instructions upon request. All bidders/proposers are urged to submit responses for any goods or services that they are able to supply, regardless of minority classification. However, compliance with all requests for information regarding Minority/Women Status or Participation is required. Bidder's/Proposer's cooperation is greatly needed to aid the City in achieving its goal. Bidders/Proposers may contact this Office at (305) 416-1913 for information. 1.53. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.54. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.55. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or Page 19 of 34 Invitation for Bid (IFB) 89049 by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.56. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.57. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.58. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.59. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.60. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.61. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.62 PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.63. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to Page 20 of 34 Invitation for Bid (IFB) 89049 examine the specifications, required ddlivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security,workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.64. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.65. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.66. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.67. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment Page 21 of 34 Invitation for Bid (IFB) 89049 is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.68. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.69. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.70. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.71. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.72. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.73. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.74. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.75. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such parry's right to seek judicial relief, provided that the protesting Page 22 of 34 Invitation for Bid (IFB) 89049 party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.76. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation ofa Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. Any actual proposer who perceives itself aggrieved in connection with the recommended award of Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the Page 23 of 34 Invitation for Bid (IFB) 89049 protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.77. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.78. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.79. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.80. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.81. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and Page 24 of 34 Invitation for Bid (IFB) 89049 title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.82. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.83. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.84 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.85. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this Page 25 of 34 Invitation for Bid (IFB) 89049 solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.86. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.87.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.88. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.89. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.90. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 34 Invitation for Bid (IFB) 89049 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Language Line Translation Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, July 25, 2008 @ 3:00 p.m.. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for one (1) year with the option to extend for four (4) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds In the event the Contractor is unable to extend the contract for any subsequent period under the above conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is subject to the acceptance of the City, or the Contractor may be found to be in default. 2.5. EQUITABLE ADJUSTMENT The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the successful bidder(s) that continued performance of the contract would result in a substantial loss. Successful bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any Page 27 of 34 Invitation for Bid (IFB) 89049 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Language Line Translation Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, July 25, 2008 @ 3:00 p.m.. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR. AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for one (1) year with the option to extend for four (4) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds In the event the Contractor is unable to extend the contract for any subsequent period under the above conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is subject to the acceptance of the City, or the Contractor may be found to be in default. 2.5. EQUITABLE ADJUSTMENT The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (I) the volatility is due to circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the successful bidder(s) that continued performance of the contract would result in a substantial loss. Successful bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any Page 27 of 34 Invitation for Bid (IFB) 89049 penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible bidder who bids on all items and whose bid offers the lowest price when all items are added in the aggregate. Failure to bid on all items shall deem your bid non -responsive. 2.8. CONFIDENTIALITY OF TELEPHONE CALLS Successful bidder understands that all telephone calls handled for the City shall remain confidential at all times by successful bidder and its contents shall not be released by successful bidder unless otherwise approved in writing by Contract Administrator. 2.9. ADDITIONAL SERVICES (S) MAY BE ADDED Although this solicitation identifies the primary languages to be utilized, it is hereby agreed and understood that additional language requirements may be added to the contract at any time, if in the best interests of the City. 2.10. EXPERIENCE RECORD Each contractor must provide the City with their bid a list of references of prior experience, as well as a resume and experience of those individuals who will be assigned to this project as Contract Manager and/or Project Team. Bidder shall list a minimum of three (3) references who may be contacted to ascertain information on past and/or present contracts, work, jobs, that BIDDER/PROPOSER has performed of a type similar to that required by the specifications of this Invitation for Bids, with whom you have done business with in the past three (3) years: 2.11. SUBCONTRACTING The Contractor shall not enter into subcontracts for any of the work described herein, unless authorized in advance by the City. Strict adherence to this condition is required. 2.12. PERSONNEL Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary qualified personnel who speak the languages reflected within the specifications arising from the award of the Contract. All personnel employed shall be employees of Bidder under its sole direction, and not an employee or agent of the City. City may require the successful bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment is not in the best interest of the City. 2.13. SUPERVISION Successful bidder shall provide the name and telephone number where a responsible supervisor, or the successful bidder, may be reached at anytime for purposes of taking complaints and receiving information as to daily contract performance. 2.14. LEGAL HOLIDAYS Page 28 of 34 Invitation for Bid (IFB) 89049 Legal Holidays for the City of Miami include the following: 1. New Year's Day 2. Martin Luther King's Birthday* 3. Washington's Birthday* 4. Memorial Day 5. Fourth of July 6. Labor Day 7. Columbus Day* 8. Veteran's Day* 9. Thanksgiving Day 10. Friday after Thanksgiving Day* 11. Christmas Day *Dates as indicated shall not be considered legal holidays for Successful Bidder. 2.15. BIDDER'S MINIMUM REQUIREMENTS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for no less than three (3) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt. 2.16. FAILURE TO PERFORM Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 2.17. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and understood that any facility/item/products may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the successful bidder(s) under this contract shall be invited to submit price quotes for these new services/items/products. If these quotes are comparable with market prices offered for similar services/items/products, they shall be added to the contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.18. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Ms. Amarilys Diaz, who shall be designated as the Contract Administrator. 2.19. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug -free workplace program shall be given preference in the award Page 29 of 34 Invitation for Bid (IFB) 89049 process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee. engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.20. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. Bidders must also explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.21. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. Page 30 of 34 Invitation for Bid (IFB) 89049 2.22. TERMINATION FOR CAUSE (TOWING) The City Manager shall have the right for good cause shown based upon the conditions and terms enumerated in this Agreement, the occurrence of the below -listed events, or for what he may deem to be the best interests of City, to cancel or terminate any approval of a Towing Agency previously granted. Occurrence of such cause shall be reviewed by the Towing Review Board, which shall then make a recommendation to the City Manager. In the event of such cancellation, prompt notice shall be furnished to Towing Agency by City. (1) Adjudication as bankrupt. (2) The filing of insolvency, reorganization or bankruptcy petition (voluntary or involuntary). (3) Abandonment of Towing Agency premises or discontinuance of operations. (4) The making of a general assignment for the benefit of creditors. (5) Making any charge at rates greater than those established by this Agreement. (6) Any failure of Towing Agency to receive, inspect, verify, and approve the "Proper Documents" necessary for the release of a vehicle prior to that vehicle's release. "Proper Documents" are defined as proper photo identification of the individual (drivers license preferred) and registration or title for the vehicle. If the individual is not the owner, a notarized letter from the owner authorizing vehicle release must be submitted making that individual the designee. (7) In the event Towing Agency has possession of a vehicle identified by the Police Departments license to identifies a Police investigation, said vehicle shall not be released to owner or designee until Police Department provides written authorization to release it. Unauthorized release shall constitute cause for termination. (8) Making any changes to the name, structure, control, or entity of a Towing Agency's corporate status by way of transferring stock in an amount of five (5) percent or greater, without the prior consent of the City Commission. 2.23. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this. 0 2.24. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Page 31 of 34 Invitation for Bid (IFB) 89049 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK These specifications are for telephone translation services to be used by 911 Calltakers in the course of their duties. The translation service will be used on an as -needed basis. The service will be used by 911 Calltakers to facilitate the handling of emergency 911 calls in languages which they do not speak. The successful bidder must realize that these are emergency calls which require speed and accuracy of translation being of paramount importance. 3.1 SERVICE REQUIREMENTS A. Translation service (hereafter referred to as "service") must be available twenty-four (24) hours a day, seven (7) days a week, 365 days a year including all holidays. B. There shall be no degradation of the availability of service due to holidays, hour of the day, or any other unforeseen events. C. Successful Bidder shall provide a single toll free access number for all languages specified for Emergency 911 calls. D. Successful bidder may, at its discretion, provide a different single number for use in handling non -emergency calls. E. The emergency access number shall NOT be answered by an automated attendant. F. The service shall connect an interpreter in the appropriate language to the call within 60 seconds in a minimum of 90% of all calls. This average shall be computed monthly and a report furnished to the City by the successful Bidder. G. In all cases, the maximum allowable time to connect an appropriate interpreter to an emergency call shall be 90 seconds. H. All calls to the emergency access number shall be answered within 10 seconds. 1. All calls to and from the 911 center are recorded and are matters of public record. The successful bidder shall be responsible for notifying its employees of this in compliance with all applicable federal and state laws. J. Successful bidder shall furnish a single point of contact for the City to use in resolving all questions and concerns. K. Successful bidder shall furnish a security procedure for accessing the service to ensure that unauthorized calls are not charged to the City account. This procedure shall not delay the connection of a call to an interpreter. L. Successful Bidder shall provide translation for the following list of languages, at a minimum: 1. Albanian 2. Arabic 3. Armenian 4. Basque 5. Bulgarian 6. Burmese 7. Cantonese 8. Czech 9. Danish 10. Dutch 11. Estonian 12. Finnish 13. French Canadian 14. Gaelic 15. German 16. Greek Page 32 of 34 Invitation for Bid (IFB) 89049 17. Haitian Creole 18. Hebrew 19. Hindi 20. Hungarian 21. Icelandic 22. Indonesian 23. Italian 24. Japanese 25. Korean 26. Kurdish 27. Laotian 28. Lithuanian 29. Macedonian 30. Maltese 31. Mandarian 32. Mongolian 33. Moroccan 34. Navajo 35. Neapolitan 36. Nepali 37. Ninponese 38. Norwegian 39. Polish 40. Portuguese Creole 41. Portuguese 42. Romanian 43. Russian 44. Samoan 45. Serbian 46. Shanghai 47. Sicilian 48. Slovak 49. Slovenian 50. Somali 51. Spanish 52. Swahili 53. Swedish 54. Taiwanese 55. Thai 56. Turkish 57. Ukrainian 58. Vietnamese 59. Yiddish M. Successful bidder shall be able to handle a minimum of six simultaneous calls from the City. N. Successful bidder shall have documented standards for interpreter qualifications, training, and performance. These records shall be made available for inspection by the City upon request. Page 33 of 34 Invitation for Bid (IFB) 89049 O. Successful bidder shall have Certified Medical Interpreters familiar with the City of Miami Fire -Rescue Medical Dispatch Protocol System. This protocol is currently used by the E-911 Ca11 Takers/Emergency Medical Dispatchers to provide pre -arrival medical instructions, via the telephone. P. Successful bidder shall test and certify all its interpreters using an "over the telephone" methodology. This process shall be documented and all records made available to the City for inspection upon request. Q. Successful bidder shall indemnify and save the City harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the bidder's activities under the ensuing contract, including all other acts or omissions to act of the bidder, including any person acting for or on its behalf, and from and against any orders, judgments, or decrees which may be entered, and from and against all costs, attomey's fees, expenses, and liabilities incurred in the defense of any such claims, or in the investigation thereof. R. Bidder shall ensure that all interpreters are provided with continuous formalized training. Documentation of this training shall be made available to the City upon request. S. Bidder shall provide a documented process of service observation of interpreters for the purpose of quality of control. T. The bill rendered for service shall be on a monthly basis, and shall include a minimum of the following items: 1. Date and time of call 2. Duration of call 3. Rate (minute) 4. Language utilized 5. Identity of interpreter via a code, identification number, or other means 6. Identity of City personnel placing call to include 4 digit identification number and last name 7. Charge for call U. Charges for a call shall begin only when an interpreter is connected to the call. V. Bidder shall indicate in bid response the following: 1. Basic monthly charge (if any) 2. To include any amount of translation time included in this charge 3. Rate per minute of translation 4. Any other applicable charges if any, requires bidder to specify W. Bidder shall generate monthly reports upon request documenting compliance with the speed of call connection with interpreter requirements. Page 34 of 34