“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/15/2024 Page 3 of 4
concerns, the City of Bell conducted a ride along with County staff to evaluate the operations of animal control. After learning about Bell’s ride-along, the City requested a ride along of its own.
On September 19, 2024, a City-County ride-along was held. Staff learned that a single animal control officer is responsible for patrolling the southeast Los Angeles region, which extends north as far as Alhambra, east to La Mirada, westto Avalon and south to Long Beach (L.A County side). No specific officer is assigned to Cudahy; an animal control officer only responds to the City when there are calls for service.
All calls for service are logged via a mobile computer within the County officer’s vehicle. City staff learned that when a service call is made (ex. dead or loose animal) and the animal is no longer at the location upon arrival, the City is still charged for the officer’s response.
During the ride along, two calls for service were received in Cudahy. One opossum was collected on Live Oak Street, while the second call regarding a dead animal on Park Avenue resulted in no animal being found; however, the City incurred a charge for the County’s response. Staff observed a similar situation occurring in the City of Artesia where no dead animal was located, yet that city was billed.
Upon returning to the animal control facility, City staff inquired about the procedures for sheltering animals that are found, surrendered by their owners, or left behind after an owner’s death. The response indicated that found animals undergo a screening process, while surrendered animals are processed and prepared for adoption. In cases where an owner has passed away, animal control attempts to locate the next of kin. Additionally, certain animals are sheltered due to an involvement in a crime or an investigation that is taking place and the court has ordered the animal to be sheltered. Some of these scenarios, the animals are housed between 5-14 days, or longer depending on the circumstances. Upon concluding the ride along, City staff determined that the primary cost to cities is for sheltering.
To potentially reduce costs, the County suggested that the City could take the following actions:
1) internally screen calls for service; 2) opt into the Spay and Neuter Trust Fund; and 3) include animal licensing information in City mailers. However, the suggestions offered appear to shift additional responsibilities and costs onto the City. The City’s goal in discussions with the County have been to seek collaborative solutions where the County could take a more active role in addressing the issues raised, particularly those related to cost management and service transparency.
CONCLUSION
Staff is requesting that City Council provide feedback and direction on how staff should proceed with the County.
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/15/2024 Page 4 of 4
FINANCIAL IMPACT
For fiscal year 2024/2025, the City has allocated $181,000 for animal control services.
However, given the County’s refusal to implement a not-to-exceed limit, this amount may not cover the City’s cost for services.
ATTACHMENTS
A. City-County Municipal Services Agreement
B. May 2024 Invoice
C. April 2024 Invoice
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
TABLE OF CONTENTS
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF CUDAHY
PARAGRAPH TITLE PAGE
RECITALS 2
1.0 AGREEMENT TO PROVIDE SERVICES UNDER
STATE AND LOCAL STATUTES
2 2.0 1.0 ADMINISTRATION OF PERSONNEL 3
3.0 2.0 DEPLOYMENT OF PERSONNEL 4
4.0 3.0 PERFORMANCE OF CONTRACT 4
5.0 4.0 INDEMNIFICATION 5
6.0 5.0 TERM OF CONTRACT 6
7.0 6.0 RIGHT OF TERMINATION 6
8.0 7.0 CONTRACT SUM 6
9.0 8.0 PAYMENT PROCEDURES 7
10.09.0 NOTICES 7
11.0 10.0 AMENDMENTS 8
12.0 11.0 AUTHORIZATION WARRANTY 8
13.0 12.0 ENTIRE AGREEMENT 8
14.0 13.0 CONSTRUCTION OF AGREEMENT 9
15.0 14.0 IMPLEMENTATION OF AGREEMENT 9
16.0 15.0 COUNTERPARTS 9
Attachment A Page 169 of 267
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF CUDAHY
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT (“Agreement”) between the COUNTY OF LOS ANGELES (“the County”) and the CITY OF CUDAHY (“the City”), together known as “the Parties,” is made and entered into July 1, 2024, or when signed by all Parties, whichever is later.
RECITALS
a. The City desires to contract with the County to perform the animal care and control functions described in this Agreement; and
b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
c. Such agreements are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and sections 51300 et seq. of the Government Code of the State of California.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through the County Department of Animal Care and Control (“the Department”), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.
1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, “Animals,” of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request.
2.0 ADMINISTRATION OF PERSONNEL
2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.
2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good-faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute.
2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract, which must be concurrently adopted by the City and County. Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits.
2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.
2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.
2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.
3.0 DEPLOYMENT OF PERSONNEL
3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement.
3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement.
3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change.
3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement.
Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City.
3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services.
This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies.
3.6 The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement.
4.0 PERFORMANCE OF CONTRACT
4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.
4.2 Nothing in the Agreement prohibits the City from providing, at the City’s expense, additional resources for the County to utilize in its performance of the services.
4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, must be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost.
4.4 If requested, the Department will use its best efforts to attend one in-person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location, or virtual meeting link, for all in-person and/or virtual meetings or meet at the Department’s headquarters in Long Beach, California.
4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives’ time at meetings requested by the City.
4.6 If requested, the Department will use its best efforts to send representatives to the City’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow.
4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current
billing rate for staff time as listed in Attachment C, City-County Municipal Services Billing Rates.
5.0 INDEMNIFICATION
5.1 The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.
5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint Indemnity Agreement previously in effect between the Parties.
6.0 TERM OF CONTRACT
6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended.
6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.
7.0 RIGHT OF TERMINATION
7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.
7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement.
In such an event the Agreement will terminate sixty (60) calendar days from the date of the City’s notice to the County.
7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least onehundred eighty (180) days before the date specified for that termination.
7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days’ notice in writing to the
other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution.
7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date.
8.0 CONTRACT SUM
8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor-Controller and set forth in the current Attachment C, City-County Municipal Services Billing Rates.
8.2 The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County.
8.3 The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form.
8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City-County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twentyfive (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice.
9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount.
9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice.
The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.
9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.
9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of County’s intention to do so.
10.0 NOTICES
10.1 Each Party shall designate a Primary Contact, as identified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or inperson interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachment B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party.
The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement.
10.2 Notices to the County of Los Angeles must be addressed as follows:
For physical notices:
County of Los Angeles Department of Animal Care and Control Contracts and Grants Division
Attn: Bradley Kim
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 379-9722
For electronic notices:
10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager.
11.0 AMENDMENTS
11.1 With the exception of changes to a City’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee, is authorized by the County to execute amendments.
14.0 CONSTRUCTION OF AGREEMENT
14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.
15.0 IMPLEMENTATION OF AGREEMENT
15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.
16.0 COUNTERPARTS
16.1 The Agreement may be executed in counterparts (including via facsimile or electronic copy), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement.
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF CUDAHY
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative.
COUNTY OF LOS ANGELES
By_______________________________
MARCIA MAYEDA
Director
Department of Animal Care and Control
Date_______________________________
CITY OF CUDAHY
By_______________________________
City of Cudahy, City Manager
Date_____________________________
ATTEST:
By______________________ _________
City Clerk Date
By______________________ _________
City Attorney Date
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By___________________________
David Beaudet
Senior Deputy, County Counsel
Date_________________________
COUNTY OF LOS ANGELES
ATTACHMENT A
DEPARTMENT OF ANIMAL CARE AND CONTROL
DESCRIPTION OF SERVICES
I. Animal Care Services
The County of Los Angeles Department of Animal Care and Control (Department) maintains seven animal care centers that accept stray, lost, abandoned, and relinquished animals. The Department also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or lost animals are held for an initial period to give an owner the opportunity to reclaim them. Ownerrelinquished animals are held for an initial period prior to euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended in an attempt to reunite the animal with an identified owner or for other reasons.
The Department is dedicated to providing appropriate and safe housing to all animals accepted into the Department’s care. The Department is required by law to provide a safe environment with proper food, water, shelter, opportunity for exercise, and medical care for the animals it houses. Medical care may be provided by Department staff or, at the Department’s sole discretion, outsourced to a contracted veterinarian.
As requested by the City in Attachment B, Service Level Request, the Department will provide the City with either: Full Care Center Services; Animal Care for Transfer only; or No Care Center Services.
A. Full Care Center Services
All animals collected in the field within the boundaries of the City or determined to have originated from within the boundaries of the City may be housed at a County animal care center. Admitted animals will be vaccinated and provided medical care, food, water, and shelter. The Department may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.
The Department will make reasonable attempts to house animals from the City at the animal care center closest to the City. The nearest animal care center to the City will be designated as the primary animal care center. There may be circumstances in which the Department will house animals collected from the City at an alternate location.
Full Animal Care Center services include:
• Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care;
• Holding stray animals and attempting to reunite them with their owners; • Accepting unwanted animals surrendered by their owners; • Making best efforts to find new adoptive homes for domestic animals and livestock;
• Quarantine and observation of animals for rabies and other diseases at the direction of the Department of Public Health;
• Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters;
• Holding animals that are the subject of criminal investigations or other legal or administrative proceedings;
• Spay and neuter services for dogs and cats pursuant to State law; • Medical treatment and surgeries to make animals more adoptable; • Euthanizing sick, injured, dangerous, unweaned, feral, or un-adoptable animals;
• Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations; • Filing annual reports to the State of California as required by law; • Disposal of dead animals;
• Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes;
• Connecting pet owners to services to increase owner retention of pets; and • Maintaining regular hours of operation for the public.
B. Animal Care for Transfer
If the City has opted for Animal Care for Transfer services in Attachment B, the Department will provide temporary housing until the City has transported the animal(s) to another animal care facility. Services will be the same as described for Full Shelter Service above. The Department will only release animals to be transported to an animal care facility approved in advance by the Department and documented in Attachment B. The Department will only release an animal to persons capable of transferring an animal safely in a vehicle appropriate for the humane transfer of the animal. The City will be responsible for all costs of the temporary care and housing at the Department’s animal care center, as well as the subsequent costs of transportation, care, and housing at the animal care location of the City’s choice. The Department may refuse to release an animal for transport if, in the reasonable assessment of the Department, the vehicle in which the City desires the animal(s) to be transported poses an unacceptable risk of harm to the animal(s) or others, or if the animal is
ill or injured to the extent that transportation would cause further injury or suffering.
The Department will not provide transportation from the field or from a County animal care center to any alternate animal care location, except as necessary for the needs of the County. If necessary, the Department may transport an animal(s) to an alternative animal care location of the City’s choice and the City will be responsible for the cost of such transport at the current billing rate for field service staff.
The City will be responsible for all costs for the admission, care, and housing at the Department's animal care center, as well as the subsequent costs of care and housing at any animal care facility of the City's choice. The City's designated animal care center location is listed in Attachment B, Service Level Request.
II. Field Services
The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10, “Animals,” and all future amendments, except as otherwise agreed to by the Parties in Attachment B, Service Level Request.
A request by the City for the Department to enforce Los Angeles County Code, Title 10, Chapter 37, will authorize the Department to provide an administrative hearing process to accomplish the enforcement when applicable.
In order to harmonize the terms of this Agreement with the provisions of the City’s municipal code, the City must adopt Title 10 “Animals” of the Los Angeles County Code (“Title 10”). The City may adopt or opt out of provisions of Title 10 only as agreed to by the Department. The City is encouraged, but not required to, adopt Title 10 in such a way as to incorporate all future amendments.
The Department will inform the City of any proposed changes to Title 10 with as much advance notice as practical, with the intention to provide the City with an opportunity to submit input to the Department and the County related to the proposed changes. The Department will notify the City of the passage of any change to Title 10 by the County Board of Supervisors as soon as practical. The Department will inform the City whether the City may adopt or opt out of the changes to Title 10.
Description of Field Services
The Department will provide sufficient resources and services for animal control field services. Services consist of Department personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:
• Promptly responding to reports of vicious and dangerous animals that pose a threat to public safety;
• Capturing, reuniting, and admitting stray domestic animals; • Capturing and impounding or returning domestic animals at large; • Accepting and caring for animals surrendered by their owners; • Removal of dead land animals (limited to a maximum of 150 pounds) from public and private property as set forth in Section 10.12.130 of the County Code; • Educating the public and enforcing State laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping wild or exotic animals;
• Investigating cases for possible criminal prosecution, including misdemeanor and felony crimes; issuing citations; collecting evidence; preparing reports; testifying in court and other hearings;
• Investigating appropriate cases for potential administrative actions pertaining to animals; preparing appropriate documentation to pursue administrative declarations; conducting administrative hearings, consistent with state and County laws; and defending declarations that are challenged in court; • Rescuing ill, injured, or abused animals;
• Enforcing animal nuisance complaints such as excessive animal noise and other violations; issuing administrative or criminal citations as appropriate; • Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals as evidence or when necessary for those belonging to persons taken into custody; • Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;
• Maintain a 24-hour dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and • Maintaining records in accordance with applicable laws and policies.
A. Standard Service Plan
The Standard Service Plan includes answering calls for service 24 hours per day, seven days per week, dispatching or assigning field staff, and performing duties in the field based on priority, location, and availability of staff. Services provided under the Standard Service Plan are similar to those services the Department provides to unincorporated communities in Los Angeles County.
B. Limited Service Plan
The Limited Service Plan includes standard services on a part-time basis during days and hours specified in the Service Level Request. Billing rates are described in Attachment C, City-County Municipal Services Billing Rates.
III. Alternatives to Care Center Admissions
The Department's “Alternatives to Care Center Admissions” services are activities that go beyond providing housing for dogs and cats, and have the effect of keeping pets out of care centers and in homes and healthy environments. This includes staff counseling pet owners or connecting them with resources such as free pet food and supplies, medical vouchers, temporary housing, access to a medical helpline, and other critical resources all intended to help keep pets with their families. The Department also offers a variety of pet assistance programs, known collectively as the Pets Are Family (PAF) program, which is funded almost entirely through donations and grants received by the Department. A summary of the programs offered under PAF can be found on our website (https://animalcare.lacounty.gov/dacc-support-services).
As a result of these efforts, the number of dogs and cats admitted into Department animal care centers has decreased dramatically due to the Department reducing preventable pet surrenders. These programs are only available to cities that opt into Full Care Center Services and are charged at a flat per capita rate as indicated in Attachment C, CityCounty Municipal Services Billing Rates.
Managed Intake
Managed Intake (MI) is a strategy that allows agencies to manage and reduce the flow of both owned pets and homeless animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the Department’s intervention services, pet owners receive support in the form of consultation, financial resources, and referrals — both medical and behavioral — to assist them with their pet-related issues. MI has reduced the number of surrendered animals admitted to the Department’s care centers to those who have no other opportunity for rehoming. This is reducing the costs for cities that are associated with sheltering cats and dogs.
Components of Managed Intake:
• Community Engagement is key to successfully employing Managed Intake, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners.
• The Department encourages people who have found stray animals to attempt to reunite the pets with their families. The Department also encourages residents to
allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the Department will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the Department, as will animals that are sick or injured.
IV. Individual Animal Licensing Services
Adult dogs four months of age and older are required by State law to have individual licenses. The City may request that the Department enforce licensing requirements in the City for dogs, cats, or other animals as described in Attachment B. The City may adopt the County’s fees for individual animal licenses or set its own fees as permitted in Attachment B.
License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee-per-license basis. Pet owners may opt into a one- or three-year license option for their pets. A current license will be required before an animal will be released to a resident of the City.
Fees from one- and three-year licenses collected will be credited to the City monthly in arrears.
The Department’s animal licensing services include:
• Issuing animal licenses for pets as requested by the City; • Processing license applications, payments, and information changes; • Issuing license renewal notices;
• Assessing and collecting fees, penalties, and other financial remittances; • Maintaining a database for animal licensing, records of calls for service, and actions taken; and
• Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.
V. Additional Outreach and Enforcement Services Options The City may request that the Department provide additional services as outlined below.
A. Animal License Enforcement Services
License Enforcement Services provides staff to perform individual animal license
enforcement in designated areas within the City. This program includes:
• Issuing new licenses and renewing expired licenses;
• Issuing citations to violators of animal licensing ordinances; • Collecting license revenue, delinquency charges, and authorized fees; and • Recording licensing data in the Department's database.
B. Animal Facility Licensing
The Department's Animal Facility Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under Title 10 of the County Code. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. Licensees are provided a letter grade based on the results of the inspection.
The Department retains facility license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the City. Investigations in response to complaints about activities at a licensed location are conducted by field officers based in the Department's animal care centers and are billed in accordance with Attachment C, City-County Municipal Services Billing Rates.
This program includes:
• Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities;
• Issuing grades to animal facilities consistent with the requirements of Section
10.28.270 of the County Code;
• Follow-up inspections of animal facilities as necessary; • Collection of license fees to offset the cost of services; and • Documentation and maintenance of records as necessary.
C. Vaccination and Microchip Clinics
California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers. If the City chooses additional rabies vaccination and microchip clinics, the following services are offered:
• Providing or assisting in arranging for low-cost vaccinations and microchips; • Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
• Licensing animals vaccinated at the clinic; and
• Assisting jurisdictions in promoting these community-based clinics.
D. Spay/Neuter Trust Fund
The City may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. Participation in the Spay/Neuter Trust Fund allows the Department to offer a low-cost or free spay/neuter program for the City’s residents who wish to have their pets spayed or neutered. The Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them.
VI. Records
Upon reasonable notice, the Department will make available to authorized representatives of the City, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The City must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).
Upon request, the following standard reports are available from the Department on a monthly basis:
1. Dogs and/or Cats Impounded
2. Animals Returned to Owners
3. Dogs and/or Cats Abandoned
4. Special Admission Dog & Cat
5. Other Animals Impounded
6. Quarantined Dogs and/or Cats
7. Special Admission Other Animals
8. Private Veterinarian (Outside Medical Expense)
9. Dead Animal Pick Up Requests
10.Types of Calls for Service
11. Location of Admission
12. Public Hours performed at a specific Animal Care Center
In accordance with Section 4.7 of the Services Agreement, the Department will provide up to 12 hours of staff time annually for producing special reports to the City at no cost.
Additional staff time will be charged to the City at the current reimbursement rate for applicable staff time.
ATTACHMENT B
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES
DEPARTMENT OF ANIMAL CARE AND CONTROL
AND
THE CITY OF
FISCAL YEAR 2022-23 SERVICE LEVEL REQUEST
I. Animal Care Center Services
The level of animal care center service that the City requests and the County agrees to, is (select one of the three options below):
Full Service
Primary animal care center:
Animal Care Center Services for Transfer
City’s Animal Care Facility contact information:
Agency Name:
Telephone:
Address:
No Animal Care Center Services
II. Field Services
The level of field service that the City requests and the County agrees to, is (select one of the three options below):
Standard Service Plan
Limited Service Plan (check all applicable boxes below) Full County Field Services
County provides service on following
days/times (please identify):
Weekend days and holidays (please
identify days and hours):
Priority County Field Services - Priority 1 Calls Only (As Determined by Department Policy)
County provides service on following
days/times (please identify):
Weekend days and holidays (please
identify days and hours):
Standby County Field Services (Service Requests only from City Personnel; the City will screen calls from the public)
County provides service on following
days/times (please identify):
Weekend days and holidays (please
identify days and hours):
Humane Investigations – as needed Yes
No
Administrative Investigations – as
needed (LACC Title 10, Chapter 37,
Potentially Dangerous/Vicious Dogs)
Yes
No
Administrative Compliance
(Post hearing compliance checks will
be handled by DACC on City’s behalf)
Yes
No
City’s Animal Control (Field Services) contact information:
Department Name:
Telephone:
Address:
No Field Services
III. Individual Animal Licensing
The City agrees to have the County provide individual animal licensing and has adopted the license fees outlined in Los Angeles County Code. Please note:
DACC will be transitioning to three-year licenses in early Fiscal Year 2022-23. The City agrees to have the County provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):
Altered Dog $ Altered Cat $
Unaltered Dog $ Unaltered Cat $
Senior-owned Altered Dog $ Senior age is defined as age Military Veteran w/ Disability Altered Dog $
Delinquency Charge $ Delinquency charge applies after: days Other Special License Fee $ Description/criteria:
Field Enforcement Fee* (select one)
$40.00
$0.00
*Only applicable when licensing is initiated in the field by Department employees.
Current license fees adopted by the City on _____________________, 20_____. No Animal Licensing Services
Please note: DACC will be transitioning to three-year licenses in early Fiscal Year 2022-23. Please take this into consideration if your City is adopting its own license fees.
IV. Outreach and Enforcement Services
A. Animal Facility Inspection and Licensing (Costs included in overhead— not billed)
□ The City requests the County to license animal-related facilities (including inspection and grading services) in the City.
□ No animal facility licensing services--the City will conduct its own program. (Please provide contact information below.)
The City's animal facility program contact information:
Department Name:
Telephone:
Address:
B. Vaccination and Microchip Clinic(s)
The City requests the County to provide or assist in arranging for vaccination clinic(s) in the City, utilizing Department personnel to also license animals during the vaccination clinic(s), at the applicable rate for staff time. No vaccination or licensing clinic services.
C. Spay/Neuter Trust Fund
Participate in the Spay/Neuter Trust Fund to allow residents access to low-cost spay/neuter services.
No participation in the Spay/Neuter Trust Fund.
V. Enforcement of County Code
The City agrees to the enforcement of Title 10 with no exceptions. The City agrees to the enforcement of Title 10 with the following pre-approved exception(s): (please mark all that apply)
10.20.350: Mandatory Spay and Neuter. The City does not require the spay/neuter of:
o Dogs
o Cats
10.20.185: Mandatory Microchipping. The City does not require the microchipping of:
o Dogs
o Cats
10.20.038: Number of dogs and cats. In the City the following number of animals are allowed per household:
Dogs _____ Cats _____ Total of ______ dogs/cats
10.20.030: Mandatory Cat Licensing. Domestic cats are subject to:
o Voluntary Cat Licensing
o No Cat Licensing
10.28.020: Animal Facility Licensing. The County will not license/inspect animal facilities.
10.40.060: Excessive Animal Noise Complaints. The City will conduct its own noise enforcement.
City’s Animal Noise Complaint contact information:
Department Name:
Telephone:
Address:
E-mail:
VI. Requested Additions to Title 10 Enforcement
Please list individual municipal code sections requested to be enforced by the Department. (Please ensure your municipal code contains adequate enforcement authority.)
COUNTY
City Code
Section No. City Code Section Title Approved Not Approved
VII. Contact Information
County Primary Contact
Name: Bradley Kim
Title: Contracts and Grants Division Liaison
Address: 5898 Cherry Avenue
Long Beach, CA 90805
Telephone: (562) 379-9722
E-mail: [email protected]
County Alternate Contact
Name: Alyssa Perez
Title: Management Analyst
Address: 5898 Cherry Avenue
Long Beach, CA 90805
Telephone: (562) 379-9728
E-mail: [email protected]
City Primary Contact
Name:
Title:
Address:
Telephone: (____)
E-mail:
City Alternate Contact
Name:
Title:
Address:
Telephone: (____)
E-mail:
VIII. Annual/Amended Service Request Approval
For the City:
____________________________ ___________________________ ___________ Authorized City Representative Authorized Signature Date (Printed Name) (Signature)
____________________________ ___________________________ Title Telephone Number
For the County:
Marcia Mayeda _______ ____________________________ ___________ Director Authorized Signature Date
Dept. of Animal Care and Control (Signature)
ATTACHMENT C
COUNTY OF LOS ANGELES
DEPARTMENT OF ANIMAL CARE AND CONTROL
CITY-COUNTY MUNICIPAL SERVICES
BILLING RATES
I. Billing Period
These billing rates are effective from July 1, 2024, through June 30, 2025.
II. Billing Rates
Animal Care Center Services
Alternatives to Care Center Admissions (based on human population) $0.70 per capita annually
Shelter Services:
Flat Rate for stray or relinquished dogs and cats
Daily Rate for dogs and cats of “legal hold” animals
(See Paragraph III.D “Billing for ‘legal hold’ animals”) $697.36 per impound
$697.36 per impound
and $87.17 per day for
days over 8
Animal License Field Enforcement per hour $110.47 per hour Dog/Cat License Processing per license $5.54 per license Field Services per hour for Full Field Service Cities $156.20 per hour Field Services for Limited Field Service Cities:
Basic rate during regular hours with 2-week notice
Rate for nights/weekends (Monday-Friday 7pm-7am,
Saturday, Sunday, and County Holidays)
$234.30 per hour
$234.30 per hour,
minimum call-out
charge of 4 hours
Additional Administrative Services
Attendance at meetings in excess of contract allowance $313.41 per hour Production of reports in excess of contract allowance $139.15 per hour Liability Trust Fund
Liability Trust Fund 3.5 % of hourly rate*
*Percentage is based on, and in addition to, the hourly rate for hours actually billed for Field Services and animal license Field Enforcement.
III. Billing Methodology for Care Center Services
The City is financially responsible for the care of animals impounded within the City's jurisdiction. If an animal is claimed by its owner, the redemption fees collected from the owner will be credited to the City up to the maximum amount billed to the City for that animal. The County assumes responsibility for the physical care and disposition of all animals coming into the Department’s possession or custody.
A. Cost Allocation for Care Center Services
During the billing period, the costs of providing Care Center Services are allocated as follows:
1. Per dog and cat impounded:
a. A flat dog/cat impoundment rate is established annually based upon the costs of housing animals. The flat rate is billed for all dogs/cats housed, regardless of the actual length of stay, except as outlined in paragraph D below. During the billing period, the cost of care for dogs/cats in excess of capped days are subsidized, except as outlined in paragraph D below. b. For dogs and cats impounded in circumstances described in paragraph D below, that are held beyond the length of stay captured in the flat rate, a daily impoundment rate is established annually based upon the costs of the time allocated to the impoundment, care (including medical care), and feeding of those animals. In addition to the flat rate charged for dogs/cats, the City will be billed at the daily rate for all days those animals are housed by the Department. Animals that are held in “legal hold” will not be subsidized.
2. Per capita fee based on the human population of the City a. A per capita public service rate is established annually based upon time allocated to Public Service including: interaction, intervention, and outreach activities that are not directly related to the impoundment, care, and feeding of animals is allocated to the City on a per capita basis.
This allocation methodology applies costs for services as they relate to animal impounds and for services that do not relate directly to the impoundment, care, and feeding of animals. The ratio for allocation is based on staff time allocated to these activities.
B. Medical Costs
Medical costs (excluding spay/neuter surgeries) provided by the Department’s medical staff are included in the overhead to establish the cost-recovery rate for boarding, and are not billed separately or in addition to that rate. The Department reserves the right to send any animal to a private veterinary facility for examination, treatment, and/or hospitalization as the Department deems necessary in its sole and absolute discretion. All expenses incurred by the Department for outside medical services, for animals from the City, will be billed to the City.
C. Cost Offsets
The City will receive a credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the City for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion.
The City will not receive any credit for adoption fees (whether paid by an individual or an organization).
D. Billing for “Legal Hold” and Other Shelter Services:
Dogs and cats that are housed for a “legal hold” and other shelter services are billed at the flat impound rate until the stay exceeds the length of stay captured in the flat rate at which time a daily rate will be charged for the remainder of the time the animal is housed by the Department (from intake to disposition). Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the Department based on pending or anticipated criminal, civil, or administrative action.
“Legal Hold” and Other Shelter Type Descriptions
Total
Number of
Days Billed
Quarantine
Observation
Animals
Per applicable state law, any animal of a species
susceptible to rabies that bites a person and breaks
the skin is required to be quarantined for 10 to 30
days (depending on the species). Animals
susceptible to rabies that have contact with a wild
(potentially rabid) animal must be quarantined for 30
days or six months (depending on the species and
vaccination status).
Animals in the custody of the Department that are
reported to have either bitten or been exposed to a
potentially rabid animal, will be placed in
quarantine/isolation and observed for symptoms of
rabies for the required period.
Additionally, although rare, the Department of Public
Health has the authority to quarantine animals for
other specified diseases. Any quarantine for a
disease other than rabies will be specified by
disease.
Unlimited
days
Special
Intake:
Animals that are seized pursuant to a search
warrant, Penal Code Sections 597.1 or 599aa, or as
evidence in a criminal investigation may be held up
to the time of disposition of the criminal matter.
Animals subject to the jurisdiction of the Coroner’s
Office may be held until released by that Office.
Animals in the custody of the Department that are the
subject of anticipated or pending civil litigation or
administrative regulation may be held through the
pendency of that action, and any appeal stemming
from that action.
Unlimited
days
Return to
Owner
Animals:
Any animal with traceable identification that is
brought to the Animal Care Center, whether by the
Department staff or the public, will be held for ten (10) calendar days for the owner to reclaim it. The owner
or person entitled to the custody of any animal
impounded can redeem such animal by paying
impound, boarding, and private veterinary fees
accruing up to the time of such redemption.
10 days
Abandoned
Animals:
Animals that are found to be abandoned in a private
property will be held at the Animal Care Center at
least fifteen (15) calendar days to determine whether
the owner had an agreement with someone to care
for the animal in their absence.
15 days
INVOICE City Name
City of Cudahy
Remit to: Invoice Date Due Date
County of Los Angeles Department of Animal Care & Control 6/25/2024 7/25/2024 Attn: Accounts Receivable AR Dept. Dept. Revenue Source 5898 Cherry Avenue AN R892
Long Beach, California 90805 Amount Due Amount Enclosed $ 6,501.26
Bill to: City of Cudahy - Finance Dept.-Acct Payable
5220 Santa Ana Street
Cudahy, CA 90201
o Please check if address has changed. Write correct address on back of stub and attach with payment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Please detach the above stub and return with your remittance payable to Department of Animal Care and Control.
Page: 1 of 1
City Name Invoice Date
Cudahy June 25, 2024
INVOICE CHARGES
Rates
HOUSING COSTS FOR THE MONTH OF May 2024
Kennel Services
Dogs and Cats 12 Each 164 Days $ 515.34 $ 6,184.08
Other Animals Each Days included $ -
Special Intake/Quarantine Housing Each Days $ 73.62 $ - Dead Animal Disposal 5 Each included $ -
Alternatives to Care Center Admissions 22270 Per Capita $ 0.75 $ 1,391.88 Private Vet Costs Each varies $ -
Field Services 1.25 Hours $ 151.71 $ 189.64
Field Services- Callout (minimum charge of 4 hours) Each $ 910.28 $ - Animal License Enforcement Services Hours $ 106.20 $ -
License Processing Costs 46 Licenses $ 5.37 $ 247.02
Court Reporter varies $ -
Liability Trust Fund (3.5% Field and Canvassing Services) 3.5% Monthly $ 6.64 Billing Adjustment varies $ -
Administrative Services Hours $ 134.72 $ -
$ 8,019.26
CREDITS
Impound Fees Collected $ 20.00
Daily Housing Fees Collected $ 108.00
Private Vet Fees Collected $ -
Owner Surrender Donation Collected $ 10.00
Animal License Fees Collected 46 Licenses $ 1,220.00
Animal Penalty Fees Collected 4 Licenses $ 160.00
Field Enforcement Fees Collected $ -
$ 1,518.00
Due and payable within 30 days after the invoice date. Make check payable to:
County of Los Angeles Department of Animal Care and Control. $ 6,501.26 If you have any questions regarding the invoice, please call (562) 379-9718.
TOTAL COSTS FOR MAY
Credits
TOTAL CREDITS FOR MAY
May 2024 NET CITY COST
Check or Money Order. DO NOT MAIL CASH
ORIGINAL
Description # of Units Charges
Payment Method: Check o Money Order o
Please write Invoice Number on front of
Attachment B Page 202 of 267
BREED SEX
LOS ANGELES COUNTY ANIMAL CARE AND CONTROL
DOG & CAT LIVE ANIMAL REPORT CUDAHY
ANIMAL ETF DATE
DISP
IMPOUND
NUMBER
Stray
Rel
Days
Held
OUTCOME
TYPE
ADDRESS
3/27/2024
A5615972 7940 S ATLANTIC AVE, CUDAHY CA 90201 DOG CANE CORSO S S 5/3/2024 37 RESCUE 4/13/2024
A5619169 4113 WALNUT ST CAT DOMESTIC SH N S 5/11/2024 28 RESCUE 4/20/2024
A5515312 5254 CLARA ST DOG SIBERIAN HUSKYN S 5/15/2024 25 RESCUE A5618764 5262 FOSTORIA ST DOG AMERICAN STAFFN 5/23/2024 33 ADOPTION 4/24/2024
A5621349 4918 CLARA ST DOG CHIHUAHUA SH S S 5/3/2024 9 ADOPTION 5/8/2024
A5624476 5254 CLARA ST CAT DOMESTIC SH S S 5/26/2024 18 RESCUE A5624477 5254 CLARA ST CAT DOMESTIC SH S S 5/26/2024 18 RESCUE 5/16/2024
A5626496 4701 LIVE OAK ST DOG LABRADOR RETRS S 5/22/2024 6 ADOPTION 5/20/2024
A5627168 7810 WILCOX AVE CAT DOMESTIC SH M S 5/20/2024 1 EUTH A5627152 4444 LIVE OAK ST, CUDAHY CA 90201 DOG CHIHUAHUA LH S S 5/28/2024 8 ADOPTION 5/21/2024
A5627276 4626 LIVE OAK ST DOG POODLE MIN N S 5/28/2024 7 ADOPTION A5627299 4020 FLOWER ST CAT DOMESTIC SH M S 5/22/2024 1 EUTH ANIMAL COUNT = 12 TOTAL DAYS = 191
26 Print Date: 6/10/2024
Dup.- already billed in April 2024
- 1
11 - 33
158
BREED SEX
LOS ANGELES COUNTY ANIMAL CARE AND CONTROL
RTO DOG & CAT LIVE ANIMAL REPORT CUDAHY
ANIMAL ETF DATE
DISP
IMPOUND
NUMBER
Stray
Rel
Days
Held
ADDRESS RECEIPT NO
5/23/2024
A5627886 5252 ELIZABETH ST DOG TERRIER F S 5/29/2024 6 R24-299931 ANIMAL COUNT = 1 TOTAL DAYS = 6
10 Print Date: 6/10/2024
ADDRESS BREED SEX
LOS ANGELES COUNTY ANIMAL CARE AND CONTROL
DEAD ANIMAL REPORT HANDLED FOR CITY: CUDAHY
IMP # TYPE LICENSE
5/2/2024
CUD 90201
A5623200 4724 LIVE OAK ST DOMESTIC SH DISPO REQ
GRAY
CAT F
5/6/2024
CUD 90201
A5624014 3932 FLOWER ST, CUDAHY CA 9020DOMESTIC SH STRAY WHITE
CAT U
5/21/2024
CUD 90201
A5627372 4404 CLARA ST SQUIRREL STRAY
BROWN
OTHER U
5/25/2024
CUD 90201
A5628415 3921 CLARA ST DOMESTIC SH DISPO REQ
ORG TABBY/WHITE
CAT U
5/28/2024
CUD 90201
A5628791 4404 CLARA ST DOMESTIC SH STRAY
BLACK/WHITE
CAT U
5 Print Date: 6/10/2024
NOT BILLED - FOR INFORMATIONAL PURPOSES ONLY Page 205 of 267 INVOICE City Name
City of Cudahy
Remit to: Invoice Date Due Date
County of Los Angeles Department of Animal Care & Control 5/25/2024 6/25/2024 Attn: Accounts Receivable AR Dept. Dept. Revenue Source 5898 Cherry Avenue AN R892
Long Beach, California 90805 Amount Due Amount Enclosed $ 15,845.27
Bill to: City of Cudahy - Finance Dept.-Acct Payable
5220 Santa Ana Street
Cudahy, CA 90201
o Please check if address has changed. Write correct address on back of stub and attach with payment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Please detach the above stub and return with your remittance payable to Department of Animal Care and Control.
Page: 1 of 1
City Name Invoice Date
Cudahy May 25, 2024
INVOICE CHARGES
Rates
HOUSING COSTS FOR THE MONTH OF April 2024
Kennel Services
Dogs and Cats 26 Each 252 Days $ 515.34 $ 13,398.84
Other Animals Each Days included $ -
Special Intake/Quarantine Housing Each Days $ 73.62 $ - Dead Animal Disposal 15 Each included $ -
Alternatives to Care Center Admissions 22270 Per Capita $ 0.75 $ 1,391.88 Private Vet Costs 1 Each varies $ 500.00
Field Services 13.75 Hours $ 151.71 $ 2,086.01
Field Services- Callout (minimum charge of 4 hours) Each $ 910.28 $ - Animal License Enforcement Services Hours $ 106.20 $ -
License Processing Costs 69 Licenses $ 5.37 $ 370.53
Court Reporter varies $ -
Liability Trust Fund (3.5% Field and Canvassing Services) 3.5% Monthly $ 73.01 Billing Adjustment varies $ -
Administrative Services Hours $ 134.72 $ -
$ 17,820.27
CREDITS
Impound Fees Collected $ -
Daily Housing Fees Collected $ -
Private Vet Fees Collected $ -
Owner Surrender Donation Collected $ 20.00
Animal License Fees Collected 69 Licenses $ 1,842.50
Animal Penalty Fees Collected 8 Licenses $ 112.50
Field Enforcement Fees Collected $ -
$ 1,975.00
Due and payable within 30 days after the invoice date. Make check payable to:
County of Los Angeles Department of Animal Care and Control. $ 15,845.27 If you have any questions regarding the invoice, please call (562) 379-9718.
Description # of Units Charges
Payment Method: Check o Money Order o
Please write Invoice Number on front of
TOTAL COSTS FOR APRIL
Credits
TOTAL CREDITS FOR APRIL
April 2024 NET CITY COST
Check or Money Order. DO NOT MAIL CASH
ORIGINAL
Attachment C Page 206 of 267
BREED SEX
LOS ANGELES COUNTY ANIMAL CARE AND CONTROL
DOG & CAT LIVE ANIMAL REPORT CUDAHY
ANIMAL ETF DATE
DISP
IMPOUND
NUMBER
Stray
Rel
Days
Held
OUTCOME
TYPE
ADDRESS
2/17/2024
A5608856 4210 HARTLE AVE DOG SIBERIAN HUSKY/MIX S S 4/8/2024 51 ADOPTION 3/9/2024
A5612019 4901 CLARA ST DOG TERRIER S S 4/5/2024 27 ADOPTION 3/15/2024
A5613541 4630 LIVE OAK ST CAT DOMESTIC SH N S 4/6/2024 22 ADOPTION 3/28/2024
A5616063 5128 CLARA ST CAT DOMESTIC SH S S 4/22/2024 25 RESCUE 3/29/2024
A5616261 4118 WALNUT ST DOG PIT BULL N S 4/22/2024 24 EUTH 4/1/2024
A5616735 7925 S ATLANTIC AVE, CUDAHY CA 90201 DOG CHIHUAHUA SH F S 4/9/2024 8 ADOPTION 4/2/2024
A5616971 4004 FLOWER ST CAT DOMESTIC SH F S 4/2/2024 1 EUTH 4/3/2024
A5617241 4000 LIVE OAK AVE CAT DOMESTIC SH L S 4/3/2024 1 EUTH A5617242 4000 LIVE OAK AVE CAT DOMESTIC SH L S 4/3/2024 1 EUTH A5617243 4000 LIVE OAK AVE CAT DOMESTIC SH L S 4/3/2024 1 EUTH 4/4/2024
A5617369 4244 LIVE OAK ST CAT DOMESTIC SH N S 4/19/2024 15 ADOPTION 4/8/2024
A5618147 7500 WILCOX AVE, CUDAHY CA 90201 DOG KARELIAN BEAR/SIBERIAN HUSKY F S 4/13/2024 5 ADOPTION 4/9/2024
A5618296 8020 PARK AVE, CUDAHY CA 90201 CAT DOMESTIC SH U S 4/10/2024 1 ASPCAPW A5618297 8020 PARK AVE, CUDAHY CA 90201 CAT DOMESTIC SH U S 4/10/2024 1 ASPCAPW A5618298 8020 PARK AVE, CUDAHY CA 90201 CAT DOMESTIC SH U S 4/10/2024 1 ASPCAPW 4/10/2024
A5618515 4426 CLARA ST DOG GERM SHEPHERDM S 4/19/2024 9 ADOPTION A5618531 4636 CLARA ST CAT DOMESTIC SH F S 4/11/2024 1 EUTH A5618486 4120 WALNUT ST DOG ST BERNARD RGHF R 4/27/2024 17 RESCUE 4/11/2024
A5618712 5319 ELIZABETH ST CAT DOMESTIC SH F S 4/20/2024 9 RESCUE A5618764 5262 FOSTORIA ST DOG AMERICAN STAFFN R 4/20/2024 9 TRANS_EXT 4/12/2024
A5618595 7612 ATLANTIC AVE CAT DOMESTIC SH U 016514 S 4/12/2024 1 EUTH 22 Print Date: 5/9/2024
BREED SEX
LOS ANGELES COUNTY ANIMAL CARE AND CONTROL
DOG & CAT LIVE ANIMAL REPORT CUDAHY
ANIMAL ETF DATE
DISP
IMPOUND
NUMBER
Stray
Rel
Days
Held
OUTCOME
TYPE
ADDRESS
4/13/2024
A5619115 4334 HARTLE ST CAT DOMESTIC MH F S 4/13/2024 1 RESCUE 4/16/2024
A5619644 5201 ELIZABETH ST CAT SIAMESE N S 4/23/2024 7 ADOPTION 4/20/2024
A5620545 5153 FOSTORIA ST DOG PUG/MIX N S 4/26/2024 6 ADOPTION A5620547 5153 FOSTORIA ST DOG PUG/MIX S S 4/27/2024 7 RESCUE 4/28/2024
A5622082 8111 S ATLANTIC AVE, CUDAHY CA 90201 CAT DOMESTIC SH M S 4/28/2024 1 EUTH ANIMAL COUNT = 26 TOTAL DAYS = 252
23 Print Date: 5/9/2024
ADDRESS BREED SEX
LOS ANGELES COUNTY ANIMAL CARE AND CONTROL
DEAD ANIMAL REPORT HANDLED FOR CITY: CUDAHY
IMP # TYPE LICENSE
4/3/2024
CUD 90201
A5617244 4000 LIVE OAK AVE DOMESTIC SH STRAY
BLK TABBY/WHITE
CAT U
4/6/2024
CUD 90201
A5617886 4404 CLARA ST DOMESTIC SH STRAY
BRN TIGER
CAT U
4/10/2024
CUD 90201
A5618576 3921 CLARA ST DOMESTIC SH STRAY
BLACK
CAT U
CUD 90201
A5618577 3921 CLARA ST DOMESTIC SH STRAY
GRAY TABBY
CAT U
4/11/2024
CUD 90201
A5618664 4619 ELIZABETH ST, CUDAHY CA 9DOMESTIC SH STRAY BLACK
CAT U
4/16/2024
CUD 90201
A5619572 7303 OTIS AVE, CUDAHY CA 90201 DOMESTIC SH STRAY GRAY
CAT U
CUD 90201
A5619622 3921 CLARA ST DOMESTIC SH STRAY
ORANGE/WHITE
CAT U
CUD 90201
A5619623 3921 CLARA ST DOMESTIC SH STRAY
GRAY TABBY
CAT U
4/20/2024
CUD 90201
A5620583 4103 WALNUT ST OPOSSUM STRAY
GRAY
OTHER U
4/22/2024
CUD 90201
A4845941 7908 WALKER AVE YORKSHIRE TERR/MIX DISPO REQ
BLACK/GOLD
DOG S
CUD 90201
A5620928 3921 CLARA ST DOMESTIC SH STRAY
GRAY TABBY
CAT U
CUD 90201
A5620929 3921 CLARA ST DOMESTIC SH STRAY
GRAY TABBY
CAT U
4/24/2024
CUD 90255
A5621233 7856 SALT LAKE AVE, CUDAHY CAFRENCH BULLDOG STRAY
LIVER/BRN MERLE
DOG U
Print Date: 5/8/2024
NOT BILLED - FOR INFORMATIONAL PURPOSES ONLY Page 209 of 267
ADDRESS BREED SEX
LOS ANGELES COUNTY ANIMAL CARE AND CONTROL
DEAD ANIMAL REPORT HANDLED FOR CITY: CUDAHY
IMP # TYPE LICENSE
4/29/2024
CUD 90201
A5622308 3921 CLARA ST DOMESTIC SH STRAY
CALICO
CAT U
CUD 90201
A5622312 3921 CLARA ST DOMESTIC SH STRAY
ORG TABBY/WHITE
CAT U
15 Print Date: 5/8/2024
NOT BILLED - FOR INFORMATIONAL PURPOSES ONLY Page 210 of 267
IMPOUND BREED
TREATMENT
ETF TREATED BY CITY
INTAKE
DATE PRICE
CUDAHY
PRIVATE VETERINARIAN
JURISDICTION
4/12/2024
A5618712 CAT F 4/11/2024 RESCUE
DOMESTIC SH CUD 90201
T24-902968 5 500.00 AMPM016439DR.Y
CUD 90201
GRAND TOTAL: 1 DATE HELD = 5 $500.00
9 Print Date: 5/15/2024
Blank Page
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/15/2024 Page 1 of 3
STAFF REPORT
Date: October 15, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Richard Iglesias, City Clerk
Subject: Approval of Professional Services Agreement for Remote and On-site Translation Services
RECOMMENDATION
It is recommended that the City Council award a Professional Services Agreement (PSA) to Language Network, Inc., (Language Network) to provide remote and On-Site Spanish Translation Services for a one-year term, with an option for two (2) one-year extension terms, with the total services not to exceed $42,000 annually.
BACKGROUND
1. On October 6, 2022, the City of Cudahy (City) issued a Request for Proposals (RFP) for Translation Services.
2. On November 1, 2022, the City reviewed all proposals.
3. On November 7, 2022, the City notified Language Network that it was the top-ranked proposal in the RFP process and would be recommended to Council for contract approval.
4. On December 6, 2022, City Council did not approve Language Network’s agreement and instead directed staff to reissue the RFP.
5. On March 6, 2023, the City reissued the RFP for Translation Services.
6. On April 5, 2023, the period to submit proposals closed, and the City received seven proposals in total.
7. On May 24, 2023, the City notified Language Network that it was the top-ranked in the RFP process and would be recommended to Council for contract approval.
Item Number
14D
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/15/2024 Page 2 of 3
8. On June 6, 2023, the City Council did not approve the agreement with Language Network.
9. On July 18, 2023, the City Council approved the agreements to both Language Network and Municipal Translation Company for an amount not to exceed $18,000 annually.
10. The City began using Language Network exclusively when the second contractor failed to provide adequate proof of insurance, prior invoicing, and a W-9 pursuant to the City’s requirements in May 2024. To date, the contractor has not provided the requested documentation to recommence services.
ANALYSIS
In 2022, the City issued an RFP to provide remote and on-site Spanish translation services for the City’s meetings. The City Council selected Language Network and Municipal Translation Services as the vendors to perform the task requested in the RFP.
The City Council approved an agreement with Language Network and Municipal Translation Services, each, for an amount not to exceed $18,000, annually. The City has been exclusively using Language Network’s services since the second contractor failed to comply with the City’s requirements. Therefore, staff is now recommending that the City Council approve an amendment to the agreement with Language Network in an amount not to exceed $42,000 annually.
Upon Municipal Translation Services submitting the required documents according to the contract, the City can resume utilizing its services, if available.
CONCLUSION
Translation services are necessary to inform the City’s Spanish-speaking community and encourage participation for those who attend City Council Meetings and other meetings as scheduled. City staff recommends the City Council approve the agreement with Language Network for remote and on-site translation services to provide these services.
STRATEGIC PLAN CORRELATION
Goal F: Communication and Outreach
4. Identify methods and implement ways to connect with community members, including soliciting input on a regular basis.
FINANCIAL IMPACT
The amount for translation services is not to exceed $42,000 annually. The total cost to perform
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/15/2024 Page 3 of 3
these services will vary depending on special meetings, town hall meetings, or other meetings where translation services are needed. The services will be funded through the City’s general fund.
ATTACHMENTS
A. Professional Services Agreement between the City of Cudahy and Language Network, Inc
2024
FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
WITH LANGUAGE NETWORK, INC.
THIS FIRST AMENDMENT (“First Amendment”) to the Professional Services Agreement (“Agreement”) dated July 18, 2023, is hereby entered into this 17th day of July 2024 (“Effective Date”), by and between the City of Cudahy, a municipal corporation (“City”) and Language Network, Inc., (“Consultant”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to the City and Consultant and the capitalized term “Party” shall refer to the City or Consultant interchangeably, as appropriate.
RECITALS
This First Amendment is made and entered into with respect to the following facts:
WHEREAS, on October 6, 2022, the City issued a Request for Proposals (“RFP”) for Spanish translation services for City meetings; and
WHEREAS, at the close of the RFP period the City staff reviewed all proposals and determined that Consultant submitted the top-ranking proposal; and WHEREAS, on December 6, 2022, the City Council instructed staff to recirculate the RFP; and
WHEREAS, on March 6, 2023, staff recirculated the RFP and received a total of seven proposals; and
WHEREAS, on May 24, 2023, the City determined that Language Network was the topranking proposal; and WHEREAS, on July 18, 2023, at a regularly scheduled meeting, the City Council approved the execution of agreements with translations service providers, inclusive of Consultant, for an amount not to exceed $18,000; and
WHEREAS, the City executed a Professional Services Agreement with Consultant on July 17, 2023 attached hereto and incorporated by reference as Exhibit “A”; and WHEREAS, since the execution of the agreements with both vendors, one vendor has become non-compliant with the City’s requirements, requiring the City to rely solely on Consultant’s services for all City meetings; and
WHEREAS, additional authorizations are required in order to continue to provide translation services for the City’s residents.
Attachment A Page 216 of 267
NOW, THEREFORE, in consideration of the mutual agreement contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree to amend the Agreement as follows:
AGREEMENT
1. The recitals stated above are true and correct and incorporated by reference in full, herein.
2. Capitalized terms used in this Agreement and not otherwise defined, shall have the meanings ascribed in the Agreement.
3. Section 1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
TERM: This Agreement shall have a term commencing from the Effective Date through July 17, 2025, (hereinafter, the “Term” and may be extended by the City administratively a maximum of two (2) one-year extension terms without having to return to City Council for approval. Nothing in this Section 1.1 shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination) below.
4. Section 1.4 of the Agreement is hereby deleted in its entirety and replaced with the following:
COMPENSATION: CONSULTANT shall perform the Work in accordance with the “FEE PROPOSAL” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the budgeted sum of FORTYTWO THOUSAND DOLLARS ($42,000.00) every fiscal year (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the aggregate Not-to-Exceed Sum prior to the end of the fiscal year, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
5. Section 2.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
CONSULTANT REPRESENTATIVE. CONSULTANT hereby designates Brenda Rourcke to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative
will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or their designee will supervise and direct the performance of Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.
6. Section 6.4 of the Agreement is hereby deleted in its entirety and replaced with the following:
NOTICES. All notices permitted or required under this Agreement will be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Language Network, Inc. City of Cudahy
8506 Santa Monica Blvd #65575 City Clerk’s Office
West Hollywood, CA 90069 5220 Santa Ana Street
Attn: Brenda Rourcke Cudahy, CA 90201
Phone: (949) 733-2449 Phone: (323) 773-5143
Attn: Richard Iglesias
Such notices will be deemed effective when personally delivered or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Parties at the applicable address.
7. Exhibit “C” of the Agreement is hereby deleted and replaced with a new Rate Schedule attached and incorporated by reference herein as Exhibit “B.”
8. The provisions of this FirstAmendment shall be deemed a part of the Agreement and except otherwise provided under this First Amendment, the Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Agreement and no further.
9. This First Amendment is entered into under and pursuant to the laws of the State of California and shall be interpreted and enforceable in accordance therewith.
10. This First Amendment to the Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their respective duly authorized representatives, as of July 17, 2024.
CITY OF CUDAHY:
By: ________________________________
Alfonso Noyola, ICMA-CM
City Manager
Date:
APPROVED AS TO FORM:
By: ________________________________
Stephanie Arechiga, City Attorney
LANGUAGE NETWORK, INC:
By: ____________________________
Jordan Evans, CEO
Date:
EXHIBIT “A”
PROFESSIONAL SERVICES AGREEMENT
2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement: TRANSLATION SERVICES)
(Parties: Language Network Inc. and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into 18th day of July 2023 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and LANGUAGE NETWORK, (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional translation services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of July 18, 2023, under Agenda Item No. 14A.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through July 17, 2024, (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms without having to return to City Council for approval. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination) below.
1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposal Translation Services” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Translation and Interpretation Services” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B”
respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.”
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(A) above;
C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner
interfere with the work of CITY, its employees or other consultants, contractors or agents;
D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “FEE PROPOSAL” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of EIGHTEEN THOUSAND ($18,000.00) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have
the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Stacy Harjer to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or HIS/HER designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT
represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to
correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely
performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.
Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by
contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and
CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section VIII (Insurance Coverages)
of the CITY RFP.
3.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.9 SPECIAL RISKS OR CIRCUMSTANCES. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written
notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding,
CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither
CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Language Network Inc.
8506 Santa Monica Blvd #65575
West Hollywood, CA 90069
Attn: Stacy Harjer
Phone: (949) 733-2446
City of Cudahy
City Clerk’s Office
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
Attn: Richard Iglesias
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF CUDAHY:
By:
Alfonso Noyola, ICMA-CM
City Manager
Date:____________________________
CONSULTANT NAME
By:
Name:
Title:
Date:_______________________
APPROVED AS TO FORM:
By:
City Attorney
Date:____________________________
Jordan Evans
CEO
7/28/23
7/28/2023
July 28, 2023
EXHIBIT “A”
CITY RFP
Request for Proposals (RFP)
Translation Services
March 6, 2023
Consultants may email questions to the following contact:
Richard Iglesias, City Clerk
[email protected]
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
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CITY OF CUDAHY
REQUEST FOR PROPOSALS
Translation Services
I. Introduction
The City of Cudahy is seeking qualified consultants with experience in providing verbal translation services for public meetings, townhalls, workshops, events, etc. This Request for Proposals (“RFP”) provides the scope of work, submission format, guidelines, and evaluation and selection process.
The City’s goal is to provide verbal translation services to Cudahy residents, many of whom are primarily Spanish speakers.
Translation services required by the City are generally of short duration and specific in nature.
Through this RFP process, the City seeks to establish a Professional Services Agreement with the approved consultant with an authorized contract not-to-exceed $18,000 for one year, with a maximum of two (2) one-year extension terms.
Depending upon the project's scale and particular needs, the consultant may need to demonstrate their ability to undertake the job before the project is assigned.
II. Background
Cudahy is located in Southeast Los Angeles County, next to the L.A. River. The City was incorporated on November 10, 1960, and named after its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development.
Cudahy is 1.1 square miles with a current population of 23,606. The City is a general law city and operates under the council-city manager form of government.
III. Scope of Work
Consultants shall be expected to provide the following services to the City of Cudahy upon request:
A. Public Meetings
The City requires Simultaneous interpretation (English/Spanish and Spanish/English) services for in-person city council meetings every first and third Tuesday of each month and other meetings on an as-needed basis for special city council meetings, committee meetings, town hall meetings, workshops, events, and other meetings on Zoom or in person. Consultants must provide all equipment necessary to provide this type of service.
B. Emergency Translation
In the event of a catastrophic event or some other emergency, the City may require verbal translation services.
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IV. Statement of Qualifications Format and Content
The format and sequence of each Consultant Statement of Qualifications (“SOQ”) shall be as follows:
A. Provide office location, company history, current number of employees, and contact information.
B. Describe the Consultant in terms of overall capabilities, areas of expertise, certifications, experience, and training concerning the proposed scope of work in Section III.
C. Identify availability and accessibility for all City meetings, including the availability of other consultants and alternates; include routine and urgent response times.
D. Please list any current or past comparable contracts or experience. Please indicate:
a. Contracting agency
b. Type of services provided
c. Years of services provided
E. It is anticipated that services will be billed at hourly rates. Please provide a detailed list of hourly rates or project rates for all services referred to in the scope of work and equipment rental charges (i.e., transmitters, receivers, etc.). Indicate if equipment rental charges are included as part of the project rates. Provide rates for Zoom meetings and in-person meetings if different.
F. Resumes and certifications of all consultants providing service.
G. Provide a minimum of at least three (3) references. Include names, addresses, telephone numbers, and a brief project description.
H. Any additional information the Consultant deems appropriate.
V. Submittal Guidelines
Submissions shall be emailed to [email protected] or by mail, three hard copies, including a flash drive with an electronic copy of the proposal, in a sealed envelope, package, or in person to the address below:
Richard Iglesias
City Clerk
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Any inquiries related to the RFP should be directed to Richard Iglesias at (323) 773-5143 ext. 227 or emailed to [email protected].
Please note that late or incomplete submissions will not be considered or evaluated.
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VI. Selection Process Timeline
Distribution of RFP: March 6, 2023
Submission deadline: April 5, 2023, at 5:00 p.m.
SOQ are evaluated: April 11, 2023
City Staff interviews top consultants (If needed): April 13, 2023 City Staff selects consultant(s): April 17, 2023
Finalize Agreement(s) with approved consultant(s): April 24, 2023 Agreement(s) subject to Council approval: May 2, 2023
VII. Evaluation and Selection Process
Submissions will be evaluated utilizing the following criteria:
• Background and experience of the Consultant in conducting similar work (25 points) • Ability to provide translation services verbal or written and complete the work in a correct and timely manner (25 points)
• Accessibility and Availability (25 points)
• Cost (15 points)
• References (10 points)
As part of the evaluation process, the City of Cudahy may conduct interviews with consultants whose qualifications closely match the RFP requirements. Upon completion of the evaluation process, the most qualified consultant(s) will be contacted to finalize the Scope of Work and related terms of a professional services agreement. A draft agreement (Attachment A) is included as part of this RFP.
The City of Cudahy reserves the right to reject any and all proposals received, not necessarily accept the lowest bid price submitted, should it be deemed in its best interest to do so.
VIII. General Terms and Conditions
Clarification of Information
The City reserves the right to request clarification of information submitted and to request additional information from any consultant.
Submission Validity
The Consultant pricing shall be valid for a minimum of 90 days.
Submission Acceptance
The City reserves the right to accept all or a portion of the Consultant’s proposal.
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Proposal Preparation Costs
The City shall not be responsible for any costs incurred by the Consultant in preparing, submitting or presenting its response to the RFP.
Insurance
Consultant, at all times, while performing work under an awarded City Agreement, shall maintain general liability insurance coverage applicable to the services being rendered by the consultant in accordance with California law.
Withdrawal of Proposal Before Closing
Any consultant may request the withdrawal of their submission, either in person, by telephone, or written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, City of Cudahy will consider the Consultant’s submission null and void. Withdrawal of Consultant’s submission will not prejudice the Consultant’s re-submittal for this or any future submissions.
Interpretation of Documents
During the solicitation period should a Consultant find discrepancies or omissions in the specifications of the RFP, or should the Consultant be in doubt as to their interpretation, the Consultant shall immediately notify the City contact named in the RFP. Should it be found necessary, an addendum will be posted on the city website. Any addenda shall form a part of this solicitation and shall become a part of the submitted proposal.
Public Record
Upon the authorization of consultants, the results will become available. Be advised all information contained in submissions in response to this solicitation shall be subject to the California Public Records Act (government Code Section 6250 et seq.), and information use and disclosure are governed by this act.
Liens
The Consultant shall pay all sums of money that become due from any labor, services, materials or equipment furnished to consultant on account of said product/services to be furnished as a result of the RFP and that may be secured by any lien against the City of Cudahy. The Consultant shall fully discharge such lien no later than the time of performance of the obligation.
Federal, State and Local Laws
The Consultant and all sub-contractors shall comply with all applicable federal, state and local laws, rules, and regulations.
EXHIBIT “B”
CONSULTANT PROPOSAL
Language Network Inc.
Response to
RFP
Translation and Interpretation Services
Total Pages: 12
Dated:
April 3rd 2023
CONSULTANT STATEMENT OF QUALIFICATIONS
A. We have nearly 12 local key-staff members (in addition to our 33 remote, internal team members) to exclusively support the City of Cudahy.
LOCATION:
11801 Pierce Street, St 200
Riverside, California 92505
(949) 733-2446
COMPANY HISTORY: Language Network began as a single Spanish interpreter in Orange City, California in 1991. We have continued to listen to our clients to solve their challenges with language barriers and as their needs grew, so did we. Today, we are a full-service language solutions company with a vast network of linguists, partnering with organizations across the entire state of California and Washington. Our language services include translation, interpreting, and consulting in over 200 languages.
Our established reputation and extensive experience in educational language services have allowed us to develop loyal relationships with a client base composed of state and local government agencies, colleges and universities, K-12 Schools, community and healthcare organizations. We pride ourselves on our ability to deliver prompt and reliable service to maintain a long-term client partnership. Language Network has an excellent reputation for supporting nearly 100 local government agencies throughout California and Washington.
Our translators and interpreters are highly qualified and experienced in working within the local government environment. Language Network Inc. has a selection process ensuring you get the right language professional that specializes and/or is experienced for the type of services needed.
B. CAPABILITIES AND EXPERTISE
Language Network is a full-service language solutions company specializing in on-site interpreting, remote interpreting, document translation, transcription and other multimedia services.
Organizations across local government, K-12 education, healthcare, insurance, legal, and government agencies rely on Language Network. In 2020, Language Network was recognized as a top twenty interpreting services provider out of 426 language companies by Common Sense Advisory. (Link)
Language Network was founded in 1991 and is a minority owned California corporation with corporate headquarters in Riverside, California with offices and team members based in Sacramento, Santa Barbara, and Greater Los Angeles. Language Network currently employs 41 team members to support our clients.
Our commitment is to provide the best interpreters and translators, the highest standard of quality, personal service and on-schedule delivery for each project at a reasonable cost. Our years of experience in translation, interpretation, project management, interpreter and translator
training and education, and as multi-cultural communications consultants assure our clients of the highest level of quality and service in the industry.
Language Network stays up to date with the latest trends, certifications and laws that affect our industry by maintaining contact with the Judicial Council of California, the National Board of Medical Interpreters (CMI), and Certification Commission for Health Care Interpreters (CCHI) and several local and national organizations. In addition, Language Network is an active member of industry associations such as Association of Language Companies (ALC) and the American Translators Association (ATA).
We are currently partnered with nearly 100 local government entities in California and Washington. Language Network interpreters and translators are specialized linguists with many years of experience providing communication in local government settings.
Our interpreters must have at least three years of in-the-field experience. The resources are educated and prepared for conducting themselves in a professional manner in compliance to our industry code of ethics. Due to the nature of public meetings, our interpreters are proficient and provide consecutive and simultaneous interpretation to our local government clients.
Language Network certified translators are proficient in producing an accurate document translation that integrates critical factors: the target audience, cultural relevance, accurate translation of the subject matter and formatting of the document.
Each of the translators must have at least 5 years of translation experience and be certified to translate their language pairs. Certification is obtained either through university translation degrees and/or accreditation through national organizations. Each of our translators must provide several sample translations for review.
C. AVAILABILITY, METHODOLOGY AND APPROACH TO WORK
Language Network has over 4,000 highly qualified interpreters ready to meet your needs.
Interpreters we work with provide quality and culturally sensitive interpretations to help you comply with regulations and reduce risk. Whether you have a meeting or conference that requires a single interpreter, or a larger setting that requires interpreting equipment for multiple languages, Language Network is able to support the project. Our local on-site and video interpreters service several Cities throughout California and are well trained on simultaneous interpretation within the public meeting space.
For public meetings in one or more languages, we deploy simultaneous interpreters either onsite, via video or both depending on the City’s request. We have local resources who are highly trained and skilled to perform this type of interpreting.
Consecutive interpretation is also available via video, onsite and over the phone. Typically, we deploy this during the question and answer session of a public meeting and/or if questions on a virtual platform need to be site translated to the audience.
Over-the-phone interpreters are available 24/7/365 in an on-demand model, within minutes, to help facilitate a conversation. This easy and cost-effective form of interpreting is a great way to help your multilingual interactions run as smoothly as possible.
Our linguists who are assigned to local government requests understand that public meetings can last 3-6 hours if not longer. Our dedicated scheduling team will make sure to provide resources who can cover the duration of these meetings as well as provide resources during weeknights when these types of meetings are typically held.
Language Network has over 2,000 certified translators who are proficient in producing an accurate document translation that integrates critical factors: the target audience, cultural relevance, accurate translation of the subject matter and formatting of the document.
Each of the translators must have at least 5 years of translation experience and be certified to translate their language pairs. Certification is obtained either through university translation degrees and/or accreditation through national organizations. Each of our translators must provide several sample translations for review.
Language Network will also assign a dedicated Account Manager to prepare and deliver 30-minute onboarding/training session(s) to the requesters. The session(s) will include an overview of how to schedule services, reach on-demand telephonic interpreters, request translation quotes, and answer any questions that requesters have regarding specific use-cases. We can also cover the rules and regulations related to language access during this session, if requested.
We will provide a secure online booking system for requesters to pre-schedule interpretation appointments and run data reports to review usage. The booking system is HIPAA compliant and each authorized user will be provided a secure, dedicated username and password. Our Operations team can customize user-access depending on if the City would like one user or multiple users to have access.
Our goal is to ensure that we have a streamlined work plan and open communication during our partnership.
D. COMPARABLE CONTRACT SAMPLES
Language Network is contracted with nearly 100 local government agencies in California and Washington. Please find below a few of our Southern California clients.
City of Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
Contact person:Mayra Ochiqui, City Clerk
Email address: [email protected]
Telephone address:(562) 804-1424, ext. 2222
Project name: Translation and Interpretation Services
Dates worked performed: 2011 - Current
Summary of scope of services: Translation of election material. Over 10 years of translation requests for city election material that is mailed to residents and posted in newspapers. The City of Bellflower has to accommodate a large limited English speaking population and requests translated material in multiple languages. The City utilizes Language Network for reliable and accurate translation delivered in a timely manner and often requests 24 hour turnaround time to make election compliance deadlines for posting translated notices.
Project cost: $20K annually
City of Arcadia
Address: 240 W Huntington Dr, Arcadia, CA 91007
Contact person: Michael Bruckner, Deputy City Manager
Email address: [email protected]
Telephone address: (626) 574-5433
Project name: Interpretation and Translation
Dates worked performed: 2020-Current
Summary of scope of services: City of Arcadia has large Mandarin/Cantonese speaking populations and contacted Language Network to develop a Language access plan that would engage their diverse community across all city departments. The City of Arcadia provides language support at all public meetings including simultaneous interpretation and translation.
The City translates mailers, notices, website communications within 24-48 hours and are able to utilize our 24/7 phone interpreting line to handle calls from the community. Finally, the City has been able to build engagement with their limited English speaking populations and remain compliant with public meeting rules and regulations. All city departments from public works to city clerk’s office request translations and interpreting support with Language Network.
Amount: $10K annually
City of Escondido
Location and Main Point of Contact:
Sarena Garcia, MMC, Assistant City Clerk
City Clerk’s Office | City of Escondido
Direct: 760-839-4080 | Main: 760-839-4617
Dates worked performed: 2020-Current
Amount: $60K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
City of Placentia
Location and Main Point of Contact:
Karen O’Leary | Deputy City Clerk
City of Placentia | 401 E. Chapman Ave. Placentia, CA 92870 714-993-8244 | FAX 714-961-0283 | [email protected] Dates worked performed: 2020-Current
Amount: $20K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
E. FEE PROPOSAL:
On-site Interpreting Rates - Consecutive
Consecutive Interpreting- On-Site Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
On-Site Interpreting Rates - Simultaneous
Simultaneous and or Seminar/Group
Interpreting- On-Site
Half
Day
Full
Day
Tier 1 Languages: $350 $550
Tier 2 Languages $550 $850
Tier 3 Languages $750 $1,250
Over-the-Phone Interpreting
Over the Phone Interpreting Unit
Minimum
Charge
Spanish $2.00 Per Minute 15 Minutes
All Other Languages $2.25 Per Minute 15 Minutes
Video Remote Interpreting - Pick your Platform-
Pre-Scheduled Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
Interpreting Equipment
Headset and Receivers (Minimum 20) $8 Per Unit
Transmitter $100 Per Unit
Document Translation
Translation (Translation, Edit, and Proof) Unit
Project
Minimum
Tier 1 Languages: Spanish 0.16 Per Word $100
Tier 2 Languages 0.26 Per Word $100
Tier 3 Languages 0.35 Per Word $100
Rush Fee 25%
Of Total Project
Cost
*Standard turn-around time for translation is within 5 business days (projects less than 7,000 words)
*Unit is Source word – the language in which the material is written when submitted for translation
Support and Multimedia Services:
Desktop Publishing/Formatting $65 Per Hour
Audio Transcription (Voice) $10 Per Minute
Multimedia File Format and Conversion $65 Per Hour
Additional Terms:
*Rate for Short Notice Request, (less than 1 business day), After hours, Holiday and/or Weekend Appointment Times $10 per hour additional.
*2 hour minimum fee applies to onsite interpreting. Each hour after 2 hours is billed at prorated hourly rate. Hourly charge will commence from interpreter’s initial arrival to interpreter’s final departure. Anytime thereafter will be billed in 15 minute increments. Half day is defined as 0-3 hours and Full day is defined as 3-6 hours. Anytime thereafter will be billed in 30 minute increments.
*For scheduled video remote calls late cancellation, 100% cancellation fee applicable for the time scheduled.
*Rate Exceptions: Depending upon the availability of interpreter and languages of lesser diffusion, rates may need to be altered accordingly. Rates for On-site-interpreters in States other than California (including Central and Northern California) may vary. Every effort is made to keep within rates mentioned above. I
*Additional Charges: Mileage will be billed at the current IRS set mileage reimbursement rate and not to exceed 50 miles round-trip per interpreter. Round trip from interpreter’s home location to site. Parking fees, tolls, entrance fees to be reimbursed. Round trip from interpreter's location to site.
*Cancellation and Patient/Provider No-Show Policy: 100% Cancellation Fee if appointment is canceled less than 24 hours (business day) before appointment. The interpreters are allocated time for your assignment alone, therefore cancellation notifications less than 24 hours (business day) must be billed.
Language List:
Tier 1 Languages:
Spanish
ASL Tier:
American Sign
Language
Tier 2 Languages:
Arabic (Egyptian)
Chinese
Mandarin Flemish
Hungaria
n Polish Swedish
Arabic (Iraqi) Croatian French Italian Romanian
Tagalog
(Filipino)
Arabic (Modern
Standard) Czech
French
Canadian Korean Russian Taiwanese
Arabic (Moroccan) Danish
French
Creole Latvian Serbian Ukrainian
Arabic (Sudanese) Dutch Georgian
Lithuania
n Sicilian Vietnamese
Arabic (Yemeni) Estonian German
Macedon
ian Slovak
Chinese
Cantonese Finnish Greek
Norwegi
an Slovene
Tier 3 Languages:
Acehnese Chin (Falam) Hmong Lao Pidgin (Nigerian) Tigrinya Acholi Chin (Hakha) Hokkien Lautu
Ponapean/Pohn
peian Toisanese
Afghani Chin (Lai) Icelandic Lingala
Portuguese
(Brazilian) Tongan
Afrikaans Chin (Mizo) Igbo Lorma
Portuguese
(European) Tosk
Akan Chin (Tedim) Ilocano Luganda
Portuguese
Creole
Trukese/Chu
ukese
Akateco
Chin (Zo,
Zomi) Ilonggo Luo Pulaar Turkish
Albanian Chin (Zophei) Indonesian
Maay-M
aay Punjabi Twi
Amharic Choujo Japanese Malay Q'anjob'al Urdu
Anuak Chuukese Jarai
Malayala
m Rohingya Uzbek
Armenian
Cotocoli
(Tem) Jiangsu Mam Samoan Visayan
Ashanti Dari
K’iche’
(Quiché)
Mandink
a Sango Wolof
Assyrian Dinka Kannada Mara Senthang Xhosa
Azeri Dioula Karen Marathi Shanghainese Yiddish
Tier 3 Languages:
Continued
Bahasa (Malaysian) Edo Karen (Pwo) Marshallese Shona Yoruba Bambara Ewe
Karenni
(Kayah) Matu Sichuan Yup'ik
Bashkir Farsi Kazakh Mbay Sinhalese Zulu
Basque
Foochow
(Fuzhou) Khmer Mende Siyin
Bassa Fukienese Kikongo Mien Somali
Belarusian Fulani Kikuyu Mina Somali Bantu
Bengali Fulde
Kinyamuleng
e Mixteco (Alto) Soninke
Bosnian Fuzhou Kinyarwanda Mixteco (Bajo)
Soninke
(Sarahuli)
Bulgarian Ga Kirundi Moldovan
Soninke
(Sarakhole)
Burmese Garre Kituba Mongolian
Soranî
(Kurdish)
Cambodian Guarani
Kizigua
(Kizigula) Montenegrin Sousou
Cape Verde Creole Gujarati Kosraean More Swahili
Carolinian Hainanese Krahn Mushunguli Sylheti
Catalan
Haitian
Creole Krio Navajo Tajik
Cebuano
Hakka
(Chinese) Kunama Nepali Tamil
Chaldean Harar Kurdish Nuer Telugu
Chamorro Hassaniya
Kurdish
(Bahdini) Oromifa Temne
Chao-Chow Hausa
Kurdish
(Kurmanji) Pashto Teochew
Cherokee Hebrew
Kurdish
(Sorani)
Patois
(Jamaican) Thai
Chin Hindi Kyrgyz
Pidgin
(Cameroonian) Tibetan
F. TRANSLATION TURNAROUND TIME*
• How fast can a document of 250 words be translated and returned? 1-3 business days
• How quickly can a document of 500 words be translated and returned? 2-3 business days
• How fast can a document of 1000 words be translated and returned? 3-4 business days
• When determining turnaround time, are weekend days included? No, our turnaround time is for business days, so weekends and holidays are not included.
• What are the limits to a same-day, second-day, or third-day rush request? Same day - 500 words
2-day - 1,000 words
3-day - 2,000 words
*A note on turnaround times: these numbers are for reference and times may vary depending on the number of languages requested and if any of the languages are Languages of Limited Diffusion (LLD). If you need a rush on a project outside of the above timelines, we will make every effort to deliver the project within your timelines.
G. RESUMES
Mercedes Marleaux - 10+ years of experience with interpretation and translation, Based in Southern California. For virtual (i.e. Zoom, GoogleMeet, GoToMeeting, etc.). Available for simultaneous conferences, board meetings, workshops and for consecutive, IEP’s, school/parent meetings, counseling consults, etc.
Lucia M. Bonis - 33 years of experience. ATA-certified | Administrative hearing interpreter experienced in local government and simultaneous projects.
Josephine J. Baldwin - 32 years of experience. Freelance multilingual Translator and Interpreter.
Providing multilingual translation and interpretation services to Physicians, Attorneys, Organizations, Local Governments and Corporate Clients operating in a variety of fields.
Court Certified Interpreter English<>Spanish
Court Registered Interpreter English<>French, Spanish, Catalan, Italian Rebecca Calderon - 6 years of interpretation experience. ATA-certified, specializes in consecutive and simultaneous interpretation in all sectors.
Language Network has a dedicated Recruiting Manager who will further recruit, screen, and qualify resources within the City of Cudahy.
H. REFERENCES
City of Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
Contact person:Mayra Ochiqui, City Clerk
Email address: [email protected]
Telephone address:(562) 804-1424, ext. 2222
Project name: Translation and Interpretation Services
Dates worked performed: 2011 - Current
Summary of scope of services: Translation of election material. Over 10 years of translation requests for city election material that is mailed to residents and posted in newspapers. The City of Bellflower has to accommodate a large limited English speaking population and requests translated material in multiple languages. The City utilizes Language Network for reliable and accurate translation delivered in a timely manner and often requests 24 hour turnaround time to make election compliance deadlines for posting translated notices.
Project cost: $20K annually
City of Arcadia
Address: 240 W Huntington Dr, Arcadia, CA 91007
Contact person: Michael Bruckner, Deputy City Manager
Email address: [email protected]
Telephone address: (626) 574-5433
Project name: Interpretation and Translation
Dates worked performed: 2020-Current
Summary of scope of services: City of Arcadia has large Mandarin/Cantonese speaking populations and contacted Language Network to develop a Language access plan that would engage their diverse community across all city departments. The City of Arcadia provides language support at all public meetings including simultaneous interpretation and translation.
The City translates mailers, notices, website communications within 24-48 hours and are able to utilize our 24/7 phone interpreting line to handle calls from the community. Finally, the City has been able to build engagement with their limited English speaking populations and remain compliant with public meeting rules and regulations. All city departments from public works to city clerk’s office request translations and interpreting support with Language Network.
Amount: $10K annually
City of Escondido
Location and Main Point of Contact:
Sarena Garcia, MMC, Assistant City Clerk
City Clerk’s Office | City of Escondido
Direct: 760-839-4080 | Main: 760-839-4617
Dates worked performed: 2020-Current
Amount: $60K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
City of Placentia
Location and Main Point of Contact:
Karen O’Leary | Deputy City Clerk
City of Placentia | 401 E. Chapman Ave. Placentia, CA 92870 714-993-8244 | FAX 714-961-0283 | [email protected] Dates worked performed: 2020-Current
Amount: $20K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
EXHIBIT “C”
COMPENSATION RATE
EXHIBIT C:
On-site Interpreting Rates - Consecutive
Consecutive Interpreting- On-Site Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
On-Site Interpreting Rates - Simultaneous
Simultaneous and or Seminar/Group
Interpreting- On-Site
Half
Day
Full
Day
Tier 1 Languages: $350 $550
Tier 2 Languages $550 $850
Tier 3 Languages $750 $1,250
*Simultaneous interpretation requires the booking of two interpreters for each request.
Over-the-Phone Interpreting
Over the Phone Interpreting Unit
Minimum
Charge
Spanish $2.00 Per Minute 15 Minutes
All Other Languages $2.25 Per Minute 15 Minutes
Video Remote Interpreting - Pick your Platform-
Pre-Scheduled Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
Interpreting Equipment
Headset and Receivers (Minimum 20) $8 Per Unit
Transmitter $100 Per Unit
Document Translation
Translation (Translation, Edit, and Proof) Unit
Project
Minimum
Tier 1 Languages: Spanish 0.16 Per Word $100
Tier 2 Languages 0.26 Per Word $100
Tier 3 Languages 0.35 Per Word $100
Rush Fee 25%
Of Total Project
Cost
*Standard turn-around time for translation is within 5 business days (projects less than 7,000 words)
*Unit is Source word – the language in which the material is written when submitted for translation
Support and Multimedia Services:
Desktop Publishing/Formatting $65 Per Hour
Audio Transcription (Voice) $10 Per Minute
Multimedia File Format and Conversion $65 Per Hour
Additional Terms:
*Rate for Short Notice Request, (less than 1 business day), After hours, Holiday and/or Weekend Appointment Times $10 per hour additional.
*2 hour minimum fee applies to onsite interpreting. Each hour after 2 hours is billed at prorated hourly rate. Hourly charge will commence from interpreter’s initial arrival to interpreter’s final departure. Anytime thereafter will be billed in 15 minute increments. Half day is defined as 0-3 hours and Full day is defined as 3-6 hours. Anytime thereafter will be billed in 30 minute increments.
*For scheduled video remote calls late cancellation, 100% cancellation fee applicable for the time scheduled.
*Rate Exceptions: Depending upon the availability of interpreter and languages of lesser diffusion, rates may need to be altered accordingly. Rates for On-site-interpreters in States other than California (including Central and Northern California) may vary. Every effort is made to keep within rates mentioned above. I
*Additional Charges: Mileage will be billed at the current IRS set mileage reimbursement rate and not to exceed 50 miles round-trip per interpreter. Round trip from interpreter’s home location to site. Parking fees, tolls, entrance fees to be reimbursed. Round trip from interpreter's location to site.
*Cancellation and Patient/Provider No-Show Policy: 100% Cancellation Fee if appointment is canceled less than 24 hours (business day) before appointment. The interpreters are allocated time for your assignment alone, therefore cancellation notifications less than 24 hours (business day) must be billed.
Language List:
Tier 1 Languages:
Spanish
ASL Tier:
American Sign
Language
Tier 2 Languages:
Arabic (Egyptian)
Chinese
Mandarin Flemish
Hungaria
n Polish Swedish
Arabic (Iraqi) Croatian French Italian Romanian
Tagalog
(Filipino)
Arabic (Modern
Standard) Czech
French
Canadian Korean Russian Taiwanese
Arabic (Moroccan) Danish
French
Creole Latvian Serbian Ukrainian
Arabic (Sudanese) Dutch Georgian
Lithuania
n Sicilian Vietnamese
Arabic (Yemeni) Estonian German
Macedon
ian Slovak
Chinese
Cantonese Finnish Greek
Norwegi
an Slovene
Tier 3 Languages:
Acehnese Chin (Falam) Hmong Lao Pidgin (Nigerian) Tigrinya Acholi Chin (Hakha) Hokkien Lautu
Ponapean/Pohn
peian Toisanese
Afghani Chin (Lai) Icelandic Lingala
Portuguese
(Brazilian) Tongan
Afrikaans Chin (Mizo) Igbo Lorma
Portuguese
(European) Tosk
Akan Chin (Tedim) Ilocano Luganda
Portuguese
Creole
Trukese/Chu
ukese
Akateco
Chin (Zo,
Zomi) Ilonggo Luo Pulaar Turkish
Albanian Chin (Zophei) Indonesian
Maay-M
aay Punjabi Twi
Amharic Choujo Japanese Malay Q'anjob'al Urdu
Anuak Chuukese Jarai
Malayala
m Rohingya Uzbek
Armenian
Cotocoli
(Tem) Jiangsu Mam Samoan Visayan
Ashanti Dari
K’iche’
(Quiché)
Mandink
a Sango Wolof
Assyrian Dinka Kannada Mara Senthang Xhosa
Azeri Dioula Karen Marathi Shanghainese Yiddish
Tier 3 Languages:
Continued
Bahasa (Malaysian) Edo Karen (Pwo) Marshallese Shona Yoruba Bambara Ewe
Karenni
(Kayah) Matu Sichuan Yup'ik
Bashkir Farsi Kazakh Mbay Sinhalese Zulu
Basque
Foochow
(Fuzhou) Khmer Mende Siyin
Bassa Fukienese Kikongo Mien Somali
Belarusian Fulani Kikuyu Mina Somali Bantu
Bengali Fulde
Kinyamuleng
e Mixteco (Alto) Soninke
Bosnian Fuzhou Kinyarwanda Mixteco (Bajo)
Soninke
(Sarahuli)
Bulgarian Ga Kirundi Moldovan
Soninke
(Sarakhole)
Burmese Garre Kituba Mongolian
Soranî
(Kurdish)
Cambodian Guarani
Kizigua
(Kizigula) Montenegrin Sousou
Cape Verde Creole Gujarati Kosraean More Swahili
Carolinian Hainanese Krahn Mushunguli Sylheti
Catalan
Haitian
Creole Krio Navajo Tajik
Cebuano
Hakka
(Chinese) Kunama Nepali Tamil
Chaldean Harar Kurdish Nuer Telugu
Chamorro Hassaniya
Kurdish
(Bahdini) Oromifa Temne
Chao-Chow Hausa
Kurdish
(Kurmanji) Pashto Teochew
Cherokee Hebrew
Kurdish
(Sorani)
Patois
(Jamaican) Thai
Chin Hindi Kyrgyz
Pidgin
(Cameroonian) Tibetan
EXHIBIT “B”
COMPENSATION RATE
On-site Interpreting Rates - Consecutive
Consecutive Interpreting- On-Site Unit
Minimum
Charge
Tier 1 Languages: Spanish $94 Per Hour 2 Hours
Tier 2 Languages $146 Per Hour 2 Hours
Tier 3 Languages $166 Per Hour 2 Hours
American Sign Language (ASL) $125 Per Hour 2 Hours
On-Site Interpreting Rates - Simultaneous
Simultaneous and or
Seminar/Group Interpreting- On-Site
Hal
f
Day
Full
Da
y
Tier 1 Languages: $400 $650
Tier 2 Languages $600 $950
Tier 3 Languages $800 $1,300
*Simultaneous interpretation requires the booking of two interpreters for each request.
Video-Remote Interpreting Rates - Simultaneous
Simultaneous and or
Seminar/Group Interpreting- On-Site
Hal
f
Day
Full
Da
y
Tier 1 Languages: $380 $630
Tier 2 Languages $580 $930
Tier 3 Languages $780 $1,280
*Simultaneous interpretation requires the booking of two interpreters for each request.
Over-the-Phone Interpreting
Over the Phone Interpreting Unit
Minimum
Charge
Spanish $2.10 Per Minute 15 Minutes
All Other Languages $2.35 Per Minute 15 Minutes
Video Remote Interpreting - Pick your
Platform- Pre-Scheduled Unit
Minimum
Charge
Tier 1 Languages: Spanish $94 Per Hour 2 Hours
Tier 2 Languages $146 Per Hour 2 Hours
Tier 3 Languages $166 Per Hour 2 Hours
American Sign Language (ASL) $125 Per Hour 2 Hours
Interpreting Equipment
Headset and Receivers (Minimum 20) $10 Per Unit
Transmitter $150 Per Unit
Document Translation
Translation (Translation, Edit, and Proof) Unit
Project
Minimum
Tier 1 Languages: Spanish 0.18 Per Word $100
Tier 2 Languages 0.28 Per Word $100
Tier 3 Languages 0.37 Per Word $100
Rush Fee 25%
Of Total Project
Cost
*Standard turn-around time for translation is within 5 business days (projects less than 7,000 words)
*Unit is Source word – the language in which the material is written when submitted for translation
Support and Multimedia Services:
Desktop Publishing/Formatting $75 Per Hour
Audio Transcription (Voice) $12 Per Minute
Multimedia File Format and Conversion $75 Per Hour
Additional Terms:
*Rate for Short Notice Request, (less than 1 business day), After hours, Holiday and/or Weekend Appointment Times $10 per hour additional.
*2 hour minimum fee applies to onsite interpreting. Each hour after 2 hours is billed at prorated hourly rate. Hourly charge will commence from interpreter’s initial arrival to interpreter’s final departure. Anytime thereafter will be billed in 15 minute increments. Half day is defined as 0-3 hours and Full day is defined as 3-6 hours. Anytime thereafter will be billed in 30 minute increments.
*For scheduled video remote calls late cancellation, 100% cancellation fee applicable for the time scheduled.
*Rate Exceptions: Depending upon the availability of interpreter and languages of lesser diffusion, rates may need to be altered accordingly. Rates for On-site-interpreters in States other than California (including Central and Northern California) may vary. Every effort is made to keep within rates mentioned above. I
*Additional Charges: Mileage will be billed at the current IRS set mileage reimbursement rate and not to exceed 50 miles round-trip per interpreter. Round trip from interpreter’s home location to site. Parking fees, tolls, entrance fees to be reimbursed. Round trip from interpreter's location to site.
*Cancellation and Patient/Provider No-Show Policy: 100% Cancellation Fee if appointment is canceled less than 24 hours (business day) before appointment. The interpreters are allocated time for your assignment alone, therefore cancellation notifications less than 24 hours (business day) must be billed.