Request for Proposals (RFP) No. 24-022A was issued on February 22, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
185 Vendors notified
16 Santa Ana vendors notified
59 Vendors downloaded the RFP packet
16 Proposals received
0 Proposals received from Santa Ana vendors
Proposals were solicited, opened on March 21, 2024, and evaluated. Sixteen proposals were submitted by the RFP deadline and 15 proposals were determined to be responsive to the specifications and met the City’s requirements. The proposal submitted by Multilingual Technologies, Inc. was deemed non-responsive as they did not submit all required documents by the RFP, and did not meet RFP specifications. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the responding firms and their rankings:
Firm Location Rank
Interpreters Unlimited, Inc. San Diego, CA 1
Continental Interpreting Services, Inc. Brea, CA 2
Cesar Vargas and Associates Orange CA 3
Accent on Languages, Inc. Berkeley, CA 4
Effectiff, LLC Fort Lauderdale, FL 5
Homeland Language Services Oxnard, CA 6
Propio LS, LLC Overland Park, KS 7
Language Line Services, Inc. Monterrey, CA 8
Global Language Solutions, LLC Philadelphia, PA 9
911 Interpreters, Inc. Chicago, IL 10
PLGS, LLC Arlington, VA 11
Flix Translations Group, LLC Miami, FL 12
Officemotive Williston, SC 13
The Translation House Sun Valley, CA 14
Universal Technical Translation Houston, TX 15
In accordance with the RFP criteria, Staff evaluated proposals and determined that Interpreters Unlimited, Inc., Continental Interpreting Services, Inc., Mente, Inc. dba Cesar Vargas and Associates, and Accent on Languages, Inc. best met the City’s specifications, demonstrated vast experience working with public agencies, and the capacity to provide translation and interpretation services on-site and remotely to various City Departments. Therefore, staff recommends awarding agreements with Interpreters Unlimited, Inc. (Exhibit 1), Continental Interpreting Services, Inc. (Exhibit 2), Cesar Vargas and Associates (Exhibit 3), and Accent on Languages, Inc. (Exhibit 4) to ensure sufficient resources are available for all using departments.
City Council 10 – 2 10/1/2024
Citywide Translation and Interpretation Services
October 1, 2024
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 2024-25 budget for an estimated amount of $258,000 in the following amount distributions by accounts. Future fiscal year funding for a total aggregate amount not to exceed $1,290,000 will be included in the proposed budgets for City Council consideration.
Department / Division Accounting UnitAccountAmount
CDA – Community Development Housing Division 14018760-62300 $10,000 CDA – Community Development Housing Division 41718820-62300 $2,500 CDA – Economic Development Division 01118810-62300 $1,000 CDA – Rent Stabilization Division 18518700-62300 $12,500 CMO – City Manager’s Office 01103010-62300 $15,000
COTC – Clerk of the Council Administrative
Services Division 01107031-62300 $50,000
FMSA – Finance and Management Services
Treasury and Customer Service Division 01110130-63001 $2,250 LIB – Santa Ana Library
Various Departmental
(no.62300) $5,000
PBA – Administration Services Division 01116500-62300 $5,000 PBA – NIES Program Division 01116560-62300 $10,000
PBA – Code Enforcement Division 01116540-62300 $10,000
PBA – Planning Division 01116510-62300 $40,000
PBA – Enforcement Services Division 01216010-62300 $10,000 PRCS – Park Recreation and Community
Services Division 01113230-62300 $5,000
PWA – Administrative Services Division 10117601-62300 $3,000 PWA – Administrative Services Division, Refuse
Collection 06917640-62300 $2,000
PWA – CIP Engineering Services Division 08617613-62300 $5,000 PWA – Construction Engineering Services
Division 01117611-62300 $5,000
PWA – Environment-Sanitation Services Division 06817640-62300 $2,000 PWA – FED Clean Water Protection Services
Division 05717640-62300 $10,000
PWA – Maintenance Services Division, Tree
Service 06817643-62300 $2,000
PWA – Park Maintenance Services Division 01117651-62300 $1,000 PWA – Roadway Cleaning Services Division 06817641-62300 $2,000 City Council 10 – 3 10/1/2024
Citywide Translation and Interpretation Services
October 1, 2024
PWA – Sanitation Services Division, Sewer
Service 05617640-62300 $5,000
PWA – Traffic-Transportation Services Division 01117620-62300 $1,500 PWA – Water Administration-Engineering
Services Division 06017645-62300 $5,000
SAPD – Jail Inmate Welfare Fund 02314475-62300 $3,000
Various Citywide Departments & Divisions
Various departmental
(no. 62300) $33,250
Total $258,000
EXHIBIT(S)
1. Agreement with Interpreters Unlimited, Inc.
2. Agreement with Continental Interpreting Services, Inc.
3. Agreement with Cesar Vargas and Associates
4. Agreement with Accent on Languages, Inc.
Submitted By: Kathryn Downs, Finance and Management Services Agency Executive Director
Approved By: Alvaro Nuñez, City Manager
City Council 10 – 4 10/1/2024
CONSULTANTAGREEMENTBEWTEEN INTERPRETERS UNLIMITED, INC. AND
THECITYOFSANTA ANAFOR TRANSLATIONAND
INTERPRETATIONSERVICES
st THISAGREEMENT ismade andentered intoonthis 1day ofOctober, 2024,byandbetween Interpreters Unlimited, Inc., aCalifornia corporationConsultantity ofSantaAna, a charter cityandmunicipal corporation organized andexisting undertheConstitution andlawsof theState ofCalifornia
RECITALS
A. OnFebruary 22- 022Aseeking
toretain aconsultanthavingspecial skillandknowledge inthefieldoftranslation and interpretation Finance andManagement Services Department.
B. Consultantsubmitted aresponsive proposal thatwasselected bytheCity. Consultant represents thatitisableandwilling toprovide suchservices described intheScope of Work thatwas included inRFPNo. 24-022A.
C. Inundertaking theperformance ofthisAgreement, Consultantrepresentsthat itis knowledgeable initsfieldandthatany services performed byConsultantunderthis Agreement willbeperformed incompliance withsuchstandards asmayreasonably be expected from aprofessional consulting firminthefield.
NOWTHEREFORE, inconsideration ofthemutual andrespective promises, andsubject tothe terms andconditions hereinafter setforth, theparties agree asfollows:
1. SCOPE OFSERVICES
Consultant shallperform during thetermofthisAgreement, thetasks andobligations including alllabor, materials, tools, equipment, andincidental customary workrequired tofully andadequately complete theservices described intheScope ofServices,attached hereto and incorporated herein byreferenceas ExhibitA, andasfurther described in , attachedhereto andincorporated herein byreferenceas ExhibitB.
2. COMPENSATION
a.Cityneither warrants norguarantees anyminimum ormaximum compensation to Consultant underthisAgreement. Consultant shall bepaidonlyforactual services performed underthisAgreement attheratesandcharges identified in FeeProposal,attached hereto andincorporated herein bythisreference asExhibit C.
Consultant isoneoffour(4) separate consultants selected toprovide services onanoncallbasisunder RFP24-022A. Thetotal compensation forservices provided byall consultantsselected under RFP24-022Ashall notexceed theshared aggregate amount of $1,290,000.00during thetermofthisAgreement, including anyextension periods, assetforthinSection 3, below.
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b.Payment byCityshallbemadewithin forty-five (45)days following receipt ofproper invoice evidencing workperformed, subject toCityaccounting procedures.Cityand Consultantagree thatallpayments dueandowing underthisAgreement shallbemade through Automated Clearing House (ACH) transfers. Consultantagrees toexecute the documentation. Upon verification ofthedataprovided, theCitywillbeauthorized to deposit payments directly into account(s) withfinancial institutions.
Payment neednotbemade forwork whichfailstomeetthestandards ofperformance setforthin theRecitals which may reasonably beexpected byCity.
3. TERM
ThisAgreement shall commence onOctober 1, 2024and terminate onSeptember30,2027, withtheoption fortheCitytogrant uptotwo (2), one(1)yearextensions, exercisable byawriting bytheCityManager andtheCityAttorney, unless terminated earlierinaccordance withSection 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during theentire termofthisAgreement, beconstrued tobean independent contractorand notanemployee oftheCity. ThisAgreement isnotintended norshall itbeconstrued tocreate anemployer-employee relationship, ajointventure relationship, orto allowtheCitytoexercise discretion orcontrol overtheprofessional manner inwhichConsultant performs theservices which arethesubject matter ofthisAgreement; however, theservices tobe provided byConsultant shallbeprovided inamanner consistent withallapplicable standards and regulations governing suchservices. Consultantshall payallsalaries andwages, employer'ssocial security taxes, unemployment insurance andsimilar taxes relating toemployees andshallbe responsible forallapplicable withholding taxes.
5. OWNERSHIP OFMATERIALS
ThisAgreement creates anon-exclusive andperpetual license forCitytocopy, use, modify, reuse, orsublicense anyandallcopyrights, designs, andotherintellectual property embodied inplans, specifications, studies, drawings, estimates, andother documents orworks of authorship fixed inanytangible medium ofexpression, including butnotlimited to, physical drawings ordatamagnetically orotherwise recorded oncomputer diskettes, which areprepared or caused tobeprepared byConsultantunderthisConsultant
shallrequire allsubcontractors toagree inwriting thatCityisgranted anon-exclusive and perpetual license foranyDocuments & Datathesubcontractor prepares under thisAgreement.
Consultant represents andwarrants thatConsultant hasthelegalrighttolicense anyandall Documents & Data. Consultant makes nosuchrepresentation andwarranty inregard to Documents & Data which wereprovided toConsultant bytheCity. Cityshallnotbelimited in anywayin itsuseoftheDocuments andDataatanytime, provided thatanysuch usenotwithin Page2of9
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6. INSURANCE
Priortoundertaking performance ofwork underthisAgreement, Consultant shallmaintain andshallrequire anysubcontractors toobtain andmaintain insurance asdescribed below forthe entireTerm ofthisAgreement against claims forinjuries topersons ordamage toproperty which mayarisefrom orinconnection withservices, products andmaterials supplied toCity. Totalcost ofsuchinsurance shallbeborne byConsultant.
Minimum Scope andLimitofInsurance.
Commercial General Liability (CGL): Insurance Services Office Form CG00 oducts andcompleted
operations, property damage, bodily injury andpersonal & advertising injurywith limits nolessthan $1,000,000per occurrence and $2,000,000aggregate. Required policy limits canbemetwithprimary andumbrella/excess insurance policies.
Automobile Liability: Insurance Services Office Form CA0001covering Code 1 anyauto), withlimitsnolessthan $1,000,000combined single limits. Intheevent Consultant doesnotmaintain commercial automobile liability insurance, Citywill accept evidence ofpersonal automobile insurance.
asrequired bytheState ofCalifornia, withStatutory Limits, 1,000,000per accident,
policy oremployee, forbodily injuryordisease. Coverage isnotrequired ifConsultant hasnoemployees andsigns request towaive suchinsurance.
Professional Liability Insurance:withlimitsnolessthan $1,000,000peroccurrence orclaim, and $2,000,000aggregate.
IfConsultant maintains broader coverage and/orhigherlimits thantheminimum requirements foreachlineofcoverage shown above, Cityrequires andshallbeentitled tothebroader coverage and/orthehigherlimits maintained byConsultant. Any available insurance proceeds inexcess ofthespecified minimum limitsofinsurance andcoverage shallbeavailable toCity.
OtherInsurance Provisions. Theabove required insurance policies aretocontain orbe endorsed tocontain thefollowing provisions:
City, itsCityCouncil, itsofficers, officials, employees, agents, andvolunteers areto Automobile Liability policies, withrespect toanyliability arising outofworkor operations performed byoronbehalf oftheInstructor including materials, parts, equipment, andpersonnel furnished inconnection withsuchworkoroperations.
City, itsCityCouncil, itsofficers, officials, employees, agents, andvolunteers for losses paidunder thetermsofanypolicy which arise fromworkperformed by Consultant underthisAgreement.
primary andanyinsurance maintained byCity, itsCityCouncil, itsofficers, officials, employees, agents, orvolunteers shallnotcontribute withit.
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Aseverability ofinterest provision mustapply foralltheadditional insureds, ensuring insurance shallapply separately toeachinsured against whom aclaim Insurance policies required herein shallprovide that coverage shallnotbecanceled, suspended, voided, reduced incoverage orinlimits, non-renewed bythecarrier, or materially changed except afterthirty (30) days priorwritten notice hasbeen given to City. Ten (10) dayspriorwritten notice shallbeprovided toCityforpolicy cancellation ornon-renewal duetonon-payment ofpremium.
Certificate Holder oneachEvidence ofInsurance certificate shallbe: CityofSanta Ana, Attention: (Name ofDepartment StaffResponsible forAgreement), 20Civic Center PlazaM- MailBox), SantaAna, CA
92701. Thename andlocation ofproject mustbeincluded intheDescription of Operations section ofeachcertificate.
Self-Insured Retentions. Self-insured retentions mustbedeclared toandapproved bythe City. TheCitymayrequire theConsultant topurchase coverage withalowerretention orprovide proofofability topaylosses andrelated investigations, claim administration, anddefense expenses within theretention.
Acceptability ofInsurers. Insurance istobeplaced withinsurers authorized toconduct business intheState ofCalifornia withacurrentA.M. Bestrating ofnolessthanA:VII, unless otherwise acceptable toCity.
Verification ofCoverage. Consultant shallfurnish Citywithoriginal Certificates of Insurance including allrequired amendatory endorsements (orcopies oftheapplicable policy language effecting coverage required bythisclause) andacopyoftheDeclarations and Endorsement Page oftheCGLpolicy listing allpolicy endorsements before workbegins.
However, failure toobtain therequired documents priortotheworkbeginning shallnotwaive copies ofallrequired insurance policies, including endorsements required bythese specifications, atanytime.
Special RisksorCircumstances. Cityreserves therighttomodify these requirements, including limits, based onthenature oftherisk, priorexperience, insurer, coverage, orotherspecial circumstances.
7. INDEMNIFICATION
Consultantagreesto defend, andshall indemnify andholdharmless theCity, itsofficers, agents, employees, contractors, special counsel, andrepresentatives fromliability: (1) forpersonal injury, damages, justcompensation, restitution, judicial orequitable reliefarising outofclaims for personal injury, including death, andclaims forproperty damage, which mayarisefromthe negligent operations oftheConsultant, itssubcontractors, agents, employees, orother persons acting onitsbehalfwhich relates totheservices described insection 1ofthisAgreement; and (2) fromanyclaim thatpersonal injury, damages, just compensation, restitution, judicial orequitable reliefisduebyreason oftheterms oforeffects arising fromthisAgreement. Thisindemnity and Page4of9
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holdharmless agreement applies toallclaims fordamages, justcompensation, restitution, judicial orequitable relief suffered, oralleged tohavebeensuffered, byreason oftheevents referred toin thisSection orbyreason ofthetermsof, oreffects, arising fromthisAgreement. TheConsultant furtheragrees toindemnify, holdharmless, andpayallcosts forthedefense oftheCity, including feesandcosts forspecial counsel tobeselected bytheCity, regarding anyaction byathirdparty challenging thevalidity ofthisAgreement, orasserting thatpersonal injury, damages, just compensation, restitution, judicial orequitable reliefduetopersonal orproperty rights arises by reason ofthetermsof, oreffects arising fromthisAgreement. Citymaymake allreasonable decisions withrespect toitsrepresentation inanylegalproceeding. Notwithstanding theforegoing, totheextent Consultantservices aresubject toCivilCodeSection 2782.8, theabove indemnity shallbelimited, totheextentrequired byCivilCodeSection 2782.8, toclaims thatariseoutof, pertain to, orrelate tothenegligence, recklessness, orwillful misconduct oftheConsultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultantshalldefend andindemnify theCity, itsofficers, agents, representatives, and letters patent, trademark, orcopyright infringement, including costs, contained intheworkproduct ordocuments provided byConsultanttothe Citypursuant tothisAgreement.
9. RECORDS
Consultantshallkeep records andinvoices inconnection withthework tobeperformed underthisAgreement. Consultantshallmaintain complete andaccurate records withrespect to thecosts incurred underthisAgreement andanyservices, expenditures, anddisbursements charged totheCityforaminimum period ofthree (3) years, orforanylonger period required by law, fromthedateoffinal payment toConsultantunderthis Agreement. Allsuchrecords and invoices shallbeclearly identifiable. Consultantshallallow arepresentative oftheCityto examine, audit, andmake transcripts orcopies ofsuchrecords andanyother documents created pursuant tothisAgreement during regular business hours. Consultantshallallow inspection ofall work, data, documents, proceedings, andactivities related tothisAgreement foraperiod ofthree 3) years fromthedateoffinalpaymenttoConsultant underthis Agreement.
10. CONFIDENTIALITY
IfConsultantreceivesfrom theCityinformation which duetothenature ofsuch information isreasonably understood tobeconfidential and/orproprietary, Consultantagreesthat itshallnotuseordisclose suchinformation except intheperformance ofthisAgreement, and further agrees toexercise thesame degree ofcareituses toprotect itsowninformation oflike hallinclude all
nonpublic information. Confidential information includes notonlywritten information, butalso information transferred orally, visually, electronically, orbyother means. Confidential information disclosed toeither partybyanysubsidiary and/oragentoftheotherparty iscovered bythisAgreement. Theforegoing obligations ofnon-useandnondisclosure shallnotapply toany information that (a) hasbeen disclosed inpublicly available sources; (b) is, through nofaultofthe Consultantdisclosedin apublicly available source; (c) isinrightful possession oftheConsultant Page5of9
City Council 10 – 9 10/1/2024
withoutan obligation ofconfidentiality; (d) isrequired tobedisclosed byoperation oflaw; or (e) isindependently developed bytheConsultantwithoutreference toinformation disclosed bythe City.
11. CONFLICT OFINTEREST CLAUSE
Consultantcovenantsthat itpresently hasnointerests andshallnothaveinterests, direct orindirect, which would conflict inanymanner withperformance ofservicesspecified underthis Agreement.
12. NON-DISCRIMINATION
Consultantshall notdiscriminate because ofrace, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, ormilitary andveteran status, age, national origin, ancestry, ordisability, asdefined andprohibited byapplicable law, intherecruitment, selection, teaching, training, utilization, promotion, termination orother employment related activities oranyservices provided underthis Agreement. Consultantaffirms thatitisanequal opportunity employer andshall comply withall applicable federal, stateandlocal lawsandregulations.
13. EXCLUSIVITY ANDAMENDMENT
ThisAgreement represents thecomplete andexclusive statement between theCityand Consultant, andsupersedes anyandallother agreements, oralorwritten, between theparties. In theeventofaconflict between thetermsofthisAgreement andanyattachments hereto, theterms ofthisAgreement shallprevail. ThisAgreement maynotbemodified except bywritten instrument signed bytheCityandbyanauthorized representative ofConsultant. Theparties agree thatany termsorconditions ofanypurchase orderorotherinstrument thatareinconsistent with, orin addition to, theterms andconditions hereof, shallnotbindorobligate Consultantorthe City. Each party tothisAgreement acknowledges thatnorepresentations, inducements, promises or agreements, orallyorotherwise, havebeenmade byanyparty, oranyone acting onbehalf ofany party, whichisnotembodied herein.
14. ASSIGNMENT
Inasmuch asthisAgreement isintended tosecure thespecialized services ofConsultant, Consultantmaynot assign, transfer, delegate, orsubcontract anyinterest herein without theprior written consent oftheCityandanysuchassignment, transfer, delegation orsubcontract without theCity'spriorwritten consent shallbeconsidered nullandvoid. Nothing inthisAgreement shall Agreement performed byCitypersonnel orbyother contractors retained byCity.
15. TERMINATION
ThisAgreement maybeterminated bytheCityuponthirty (30) dayswritten notice of termination. Insuchevent, Consultantshallbe entitled toreceive andtheCityshall payConsultant Page6of9
City Council 10 – 10 10/1/2024
compensationfor allservices performed byConsultantpriorto receipt ofsuch notice of termination, subject tothefollowing conditions:
a. Asacondition ofsuchpayment, theExecutive Director mayrequire Consultantto deliver totheCityallworkproduct(s)completed asofsuch date, andinsuchcase suchworkproduct shallbetheproperty oftheCityunless prohibited bylaw, and Consultantconsentsto theCity'susethereof forsuchpurposes astheCitydeems appropriate.
b. Payment neednotbemade forwork which failstomeetthestandard of performance specified intheRecitals ofthisAgreement.
16. WAIVER
Nowaiver ofbreach, failure ofanycondition, oranyrightorremedy contained inor granted bytheprovisions ofthisAgreement shallbeeffective unless itisinwriting andsigned by theparty waiving thebreach, failure, rightorremedy. Nowaiver ofanybreach, failure orright, or remedy shall bedeemed awaiver ofanyother breach, failure, rightorremedy, whether ornot similar, norshall anywaiver constitute acontinuing waiver unless thewriting sospecifies.
17. JURISDICTION - VENUE
ThisAgreement hasbeenexecuted anddelivered intheStateofCalifornia andthevalidity, interpretation, performance, andenforcement ofanyoftheclauses ofthisAgreement shallbe determined andgoverned bythelawsoftheState ofCalifornia. Bothparties further agree that Orange County, California, shallbethevenue foranyaction orproceeding thatmaybebrought or ariseoutof, inconnection withorbyreason ofthisAgreement.
18. PROFESSIONAL LICENSES
Consultantshall, throughout thetermofthisAgreement, maintain allnecessary licenses, permits, approvals, waivers, andexemptions necessary fortheprovision oftheservices hereunder andrequired bythelawsandregulations oftheUnited States, theState ofCalifornia, theCityof SantaAnaandallother governmental agencies. Consultantshallnotify theCityimmediately and inwriting ofitsinability toobtain ormaintain suchpermits, licenses, approvals, waivers, and exemptions. Said inability shallbecause fortermination ofthisAgreement.
19. NOTICE
Anynotice, tender, demand, delivery, orother communication pursuant tothisAgreement shallbeinwriting andshallbedeemed tobeproperly given ifdelivered inperson ormailed by firstclassorcertified mail, postage prepaid, orsentby faxorothertelegraphic communication in themanner provided inthisSection, tothefollowing persons:
ToCity:
CityClerk
CityofSanta Ana
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City Council 10 – 11 10/1/2024
20CivicCenter Plaza (M-30)
P.O. Box1988
SantaAna, California92702-1988
Fax: 714-647-6956
Withcourtesy copies to:
Executive Director
Finance andManagement Services
CityofSanta Ana
20CivicCenter Plaza
P.O. Box1988
SantaAna, California 92702
ToConsultant:
Shamus Sayed
ChiefOperations Officer
Interpreters Unlimited, Inc.
8943Calliandra Road
SanDiego,California92126
Aparty maychange itsaddress bygiving notice inwriting totheotherparty. Thereafter, anycommunication shallbeaddressed andtransmitted tothenewaddress. Ifsentbymail, communication shallbeeffective ordeemed tohavebeen given three (3) daysafterithasbeen deposited intheUnited States mail, dulyregistered orcertified, withpostage prepaid, and addressed assetforth above. Ifsentbyfax, communication shallbeeffective ordeemed tohave beengiven twenty-four (24) hours afterthetimesetforthonthetransmission reportissued bythe transmitting facsimile machine, addressed assetforth above. Forpurposes ofcalculating these timeframes, weekends, federal, state, County orCityholidays shallbeexcluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents andwarrants thatitssignature herein below hasthe power, authority andrighttobindtheirrespective parties toeachofthetermsof thisAgreement, andshall indemnify Cityfully, including reasonable costs and orpowerisnot, infact, held bythesignatory oriswithdrawn. b. AllExhibits referenced herein andattached hereto shallbeincorporated asiffully setforth inthebodyofthisAgreement.
signatures appear onfollowing page\]
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SIGNATURE PAGEFORCONSULTANT AGREEMENT BEWTEEN INTERPRETERS UNLIMITED, INC. ANDTHECITYOFSANTA ANAFORTRANSLATION AND
INTERPRETATION SERVICES
INWITNESS WHEREOF, theparties hereto haveexecuted thisAgreement thedateandyearfirst above written.
ATTESTCITY OFSANTA ANA
Jennifer L. HallAlvaro Nunez
CityClerkCity Manager
APPROVED ASTOFORMCONSULTANT
SONIA R. CARVALHO
CityAttorney
By:
Jonathan T. MartinezBy: ShamusSayed
Assistant CityAttorneyTitle: VicePresident
RECOMMENDED FORAPPROVAL:
Kathryn Downs
Executive Director
Finance andManagement Services
Page9of9
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EXHIBIT A
SCOPE OFSERVICES
City Council 10 – 14 10/1/2024
RFPCity Council 24-022ACityofSanta 10 – 15AnaPage1910/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 16AnaPage2010/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 17AnaPage2110/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 18AnaPage2210/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 19AnaPage2310/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 20AnaPage2410/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 21AnaPage2510/1/2024 of51
EXHIBIT B
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EXHIBIT C
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BDPSE!36!)3127014* City Council Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe! 10 – 56nbslt!pg!BDPSE 10/1/2024 City Council 10 – 57 10/1/2024
City Council 10 – 58 10/1/2024
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BDPSE!36!)31201* Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE City Council 10 – 112 10/1/2024
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City Council 10 – 126 10/1/2024
SIGNATURE PAGEFORCONSULTANT AGREEMENT BEWTEEN MENTE, INC.
DBACESAR VARGAS & ASSOCIATES AND THECITYOFSANTA ANAFOR
TRANSLATION ANDINTERPRETATION SERVICES
INWITNESS WHEREOF, theparties hereto haveexecuted thisAgreement thedateandyearfirst above written.
ATTESTCITY OFSANTA ANA
Jennifer L. HallAlvaro Nunez
CityClerkCity Manager
APPROVED ASTOFORMCONSULTANT
SONIAR. CARVALHO
CityAttorney
By:
Jonathan T. Martinez
Assistant CityAttorney
RECOMMENDED FORAPPROVAL:
Kathryn Downs
Executive Director
Finance andManagement Services
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RFPCity Council 24-022ACityofSanta 10 – 129 AnaPage1910/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 130 AnaPage2010/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 131 AnaPage2110/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 132 AnaPage2210/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 133 AnaPage2310/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 134 AnaPage2410/1/2024 of51 RFPCity Council 24-022ACityofSanta 10 – 135 AnaPage2510/1/2024 of51 City Council 10 – 136 10/1/2024
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PROFESSIONAL REFERENCES FORCESARVARGAS & ASSOCIATES
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LCityof Anaheim TheresaBass/Clerkofthe Council TBass@anaheim. netSantaAna College Dalilah Davalos/Public Inform. Officer davaloz_dalilah@sac. edu EcoPartners ElizabethRoe/ CEO317.450.
3346 Chapman University Dr. AmyGriffiths/Clinical Professor949.267. 0499South Orange County CCDFrankRivera/Manager, Outreach frivera@ivc. eduNicholas Academic Centers RosaDiaz/Executive Directorrdiaz@naccenters. orgOrange CountyWater DistrictKira Erquiaga/ Sr. Comm. Specialist714.378. 3362 Stradling, Yocca, Carlson LawAlicia ChavezElam/Legal Assistant AElam@StradlingLaw. comSegerstrom Center forthe ArtsSusan MarieHill/Dir. Comm. Engagement smkendall@scfta. orgYMCA ofOrange County JennyHoang/Community Services Managerjhoang@ymcaoc. orgSaddleback CollegeNicole Major/ ProfessorNMajor@saddleback. eduRepublic ServicesTania Castaneda/Municipal Rel. Mgr. tragland@republicservices. comUniversityof California, IrvineAndres Bustamante, Ph.D./Researcher asbustam@uci. eduIfyouhaveany questions, pleasecontactCesarVargasat714.987.2889or emailcavargas@hotmail.
com1Inordertoavoidfavoritisms inthis selection, wehaveomittedourworkwiththeCityofSantaAna Mayor & City Council, Clerkofthe Council, andjustabouteveryAgencyandDepartmentthroughout theCityofSanta Ana, aswellastheSantaAnaUnifiedSchool District. Thisinformationmaybefurnishedupon City Council 10 – 146 10/1/2024
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CESARVARGAS TRANSLATOR QUALIFICATIONS
TranslatorfortheSantaAnaUnifiedSchoolDistrict, hehasconsultedforavarietyof organizations intheprivateandpublicsectors, andhashadexperience thathasenabled himtoexcelathiscraftovertheyears.
Furthermore, CesarVargascurrently teachessomeoftheTranslation & Interpretation He isalsoaCertified
theonlyinternationaltrainingagencyintheUnitedStatesformedicalandcommunity interpreting, andculturalcompetence.
CesarisaTrainerandMasterPractitioner ofNeuro-LinguisticProgramming, whichallows himtonotonlytransferwordsandmeaningfromonelanguagetotheother, butfindthe exactwords, phrases, andthreadsofthoughtthatwillengagereadersinthetargetlanguage.
Hereareafewofhismostsalientaccomplishments andqualifications:
MastersDegreeinCross-CulturalTeaching
BachelorofArtsinBehavioralScience
BachelorofScienceinBusinessAdministration
AmericanTranslatorsAssociation Member
Communications
Author, YourLifeIsYourMasterpiece (VeritasInvictusPublishing, 2012) Author, TuVidaEsTuObraMaestra (VeritasInvictusPublishing, 2012) Author, Desatascado: Manual delPropietario paraelÉxito (VeritasInvictusPub., 2013) Translator, Success Secrets oftheRichandHappy, byBartBaggett Translatorof , byKarolK. Thurman (Olympus
Publishing, 2003)
st TranslatorofSpiritual Marketing, byJoeVitale (1BooksPublishing, 2002) CaliforniaAssociation forBilingualEducation TranslationCommitteeChair 2001 2024, SouthernCaliforniaLocales): Coordinate allinterpretation services andinterpreters fortherequestedlanguagesatallthevenues.
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OrangeCountyDepartmentofEducation, Multilingual Consortium Member: A communityoftranslation professionals inthefieldofeducation, aimingtounify theterminology usedthroughoutOrangeCounty
OrangeCountyDepartmentofEducationTranslator/InterpreteroftheYear2018 CTEL/BCLADInstructor, OrangeCountyDepartmentofEducation: Prepare SpanishLanguage, theHispanicCulture, andBilingualInstructional Strategies for EnglishLearners
CityofSantaAna, California InterpretatCityCouncilMeetings CityofAnaheim, California InterpretatCityCouncilMeetings CityofSeaside, California Translatealltheircommunication intoSpanish ConsuladodeMéxicoinOrangeCounty, California: TranslationConsultantina varietyofprojects
ClearVisionTechnologies, Theyprovidereportcardpreparation servicestoschool districts: TranslatorfortheirSpanishversions
SRA/McGrawHill: Consultant/ReviewerfortheirSpanishseries City Council 10 – 155 10/1/2024
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CONSULTANT AGREEMENT BEWTEEN ACCENT ON LANGUAGES, INC. AND
THE CITY OF SANTA ANA FOR TRANSLATION AND
INTERPRETATION SERVICES
THIS AGREEMENT is made and entered into on this 1
st day of October, 2024, by and between
Accent on Languages, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On February 22, 2024, the City issued Request for Proposal (“RFP”) No. 24-022A seeking to retain a consultant having special skill and knowledge in the field of translation and interpretation services for the City’s Finance and Management Services Department.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-022A.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in the “Scope of Services,” attached hereto and incorporated herein by reference as Exhibit A, and as further described in “Consultant’s Proposal,” attached hereto and incorporated herein by reference as Exhibit B.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in “Consultant’s Fee Proposal,” attached hereto and incorporated herein by this reference as Exhibit C.
Consultant is one of four (4) separate consultants selected to provide services on an oncall basis under RFP 24-022A. The total compensation for services provided by all consultants selected under RFP 24-022A shall not exceed the shared aggregate amount of $1,290,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below.
EXHIBIT 4
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b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on October 1, 2024 and terminate on September 30, 2027, with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
Minimum Scope and Limit of Insurance.
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
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• A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and City Council 10 – 172 10/1/2024
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant City Council 10 – 173 10/1/2024
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant City Council 10 – 174 10/1/2024
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
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20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director
Finance and Management Services
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures appear on following page]
Eduardo Puyol-Martinez
Director
Accent on Languages, Inc.
2718 Telegraph Avenue, Suite 104
Berkeley, California 94705
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
Consultant(s) shall perform the services as set forth below.
A. General Description
Consultant shall be capable of providing competent interpretation and translation services on an as-needed basis as determined by the City. Use of interpreters shall be consistent with all applicable State and local laws.
B. Interpretation and Translation Languages
Services require interpretation and translation to and from languages listed below (from and to English). However, the City may request services to and from other languages as needed. A quote must be provided for languages not specified herein as needs are determined by City staff on a per-project basis.
American Sign Language (ASL)
Arabic (CA designated)
Armenian (Eastern and Western) (CA designated)
Bengali
Cantonese (CA designated)
Chinese (Simplified and Traditional)
Dari
Farsi
Hindi
Hmong
Indonesian
Japanese (CA designated)
Khmer (CA designated)
Korean (CA designated)
Laotian
Mandarin (CA designated)
Mandarin (Classic)
Mien
Nepali
Polish
Portuguese (CA designated)
Punjabi (CA designated)
Romanian
Russian (CA designated)
Serbian
Spanish (CA designated)
Tagalog (CA designated)
Turkish
Vietnamese (CA designated)
EXHIBIT I
SCOPE OF SERVICES
RFP 24-022A
City Council
City of Santa Ana
10 – 179 10/1/2024
CITY OF SANTA ANA
C. Interpretation Services
Consultant shall provide live, in-person, telephonic, and virtual (when deemed acceptable by City) simultaneous interpretation for City Council and other public meetings, workshops, interviews, and various types of events from English to additional languages as specified above. The City provides interpretation services at public meetings, when requested, and will engage the Consultant on an as-needed basis, typically with 72-hour advance notice. Shorter advance notice may occur depending on City needs. Some services may be provided telephonically with City’s approval.
1. Remote Telephonic Language Interpretation Services Requirements:
i. A single, toll-free number to access all services.
ii. Conference-calling services and capabilities for interpreted calls. iii. The Consultant shall provide all language interpretation services for Languages at the rates as provided within Pricing Proposal.
iv. In certain instances, time is of the essence to provide public counter services or other immediate assistance, and the City may reserve an interpreter by telephone forty-five (45) minutes in advance of the actual time it is needed. Consultant shall provide its typical response rate for advance notice.
v. Consultant shall not require the City to purchase or obtain specific equipment to access telephonic interpreter services.
D. Written Translation
Upon direction from the City, Consultant shall translate various types of documents, and either live or pre-recorded audio content in video and audio file formats, from English into requested language or from another language into English. Documents may include reports, forms, posters, brochures and other informative leaflets/notices and websites/selected web pages, marketing materials, legal documents and notices, and other forms of correspondence. Written translation of election materials will also be required.
1. Consultant shall provide services related to translating and formatting documents into “Plain Language English”. Services to be performed for any and all projects will be determined as the need arises.
2. Consultant shall deliver translated documents within twenty-four (24) hours of City requests when required. Delivery of translation services shall not exceed five (5) business days.
3. Consultant shall participate in revision processes with some revisions being prepared by Consultant, and some revisions being prepared by City staff. Consultant must deliver completed revisions to the requesting City Project Manager or designee within five (5) business days of a request for revision. The revision process will be deemed completed when the Project Manager or designee is satisfied with the final translation and formatting. Urgent requests will require a quicker turnaround time to be determined by the requesting City Department.
4. All completed formatted forms MUST EXACTLY MATCH the native language version unless otherwise agreed to in writing.
RFP 24-022A
City Council
City of Santa Ana
10 – 180 10/1/2024
CITY OF SANTA ANA
5. Consultant shall provide their completed translated documents/forms in formats as required by the City. Formats may include at minimum, Microsoft Word, Microsoft Excel, Microsoft PowerPoint, InDesign, Photoshop, and Adobe PDF. Consultant must be able to convert Microsoft files into PDF format. Completed PDF forms are not the online fillable type.
6. Consultant will receive and transmit drafts and final versions of forms from and to the City in writing, which includes secure email, electronic file attachments to email, via web portal, or if requested by the City, by facsimile, USPS mail, or overnight services to the City’s Project Manager or designee.
7. Consultant shall provide sight translation of English documents or other languages during face-to-face events.
8. Consultant shall provide offsite translation services of documents from English or other languages.
9. English word counts will be determined using Microsoft Word’s word count feature.
10. No machine-generated translations are allowed.
11. The use of speech recognition software is not authorized.
E. Closed Captioning (Optional Service)
While closed-captioned services are not mandatory for this Agreement, the City reserves the right to explore and implement these services at its discretion during the contracted term. The City acknowledges that circumstances may arise where the inclusion of closed-captioning becomes necessary to enhance accessibility. The City may at its discretion add these services either upon award or via an Amendment during the term of the Agreement. Therefore, the City encourages all prospective Proposers to submit competitive pricing for future consideration.
Consultant will translate audio content, either live or pre-recorded, into display text synchronized with the audio, equivalent text to that of the audio, and access formats as specified herein.
1. Services shall include full scale, real-time verbatim closed-captioning of public meetings and other live and pre-recorded meetings, media, forums, and events.
2. Consultant will sign-in to live caption events at least 10 minutes prior to the scheduled starting time and shall stay on until its conclusion, even if it runs longer than the scheduled time.
3. Consultant will provide remote captioning services by following a video signal that is streamed live online and an audio signal via telephone line(s).
4. Consultant will provide captioning to a real-time streaming web page, and to a live caption area within the event streaming page.
5. Consultant must have the technical compatibility with the City’s live streaming software in order for the caption stream URL to be inserted into a player template including Granicus, so that live captioning can be viewed within the live stream player during events and meetings, when accessed from the City’s event page.
RFP 24-022A
City Council
City of Santa Ana
10 – 181 10/1/2024
CITY OF SANTA ANA
6. Consultant should be able to provide captioning at the average rate between 225 to 250 words per minute for events and projects.
7. Captions will coincide with their corresponding spoken words and sounds to the greatest extent possible and must be displayed on the screen at a speed that can be read by viewers.
8. Captions shall match the spoken words in the dialogue and convey background noises and other sounds to the fullest extent possible. Consultant may not paraphrase; and must use proper spelling, spacing between words, capitalization, and punctuation.
9. Captions will run from the beginning to end of the program.
10. Although there may be a slight delay in the delivery of captions for live real-time events, the delay in presentation of live captions should be kept to a minimum, consistent with an accurate presentation of what is being said and the overall goal of ensuring that captions enable viewers to follow the event.
11. Consultant must provide a high-degree of accuracy in captioning services; both events and projects. Accuracy rate must be 95 percent or greater. Near-flawless accuracy is of the upmost importance. The quality of information that is provided must be of equal quality to that offered to people without disabilities.
12. Consultant is not authorized to use speech recognition or computer captioning software in fulfilling live, real-time events.
13. Consultant staff providing live, real-time captioning services must hold a current certification from Certified CART Providers or Certified Broadcast Captioners.
14. Consultant will provide, at no additional charge, an unedited captioning transcript which will be ready for download by the City the following business day after conclusion of live real-time events.
15. Consultant will provide edited caption transcripts in an accepted file format. Edited caption transcripts and files must be completed and delivered to the City within five (5) business days of a live real-time captioning and pre-recorded project work.
16. Unedited and edited transcripts will be provided to the City, upon request, up to one (1) year after the date of the event at no additional cost.
17. Unedited and edited caption transcripts must be in the English language.
F. Additional Requirements
1. Interpreters shall attend meetings in person located throughout the City when translation services are requested. Vendor must guarantee attendance with less than 24-hour notice.
2. The City may cancel previously scheduled or requested interpreter assignments without fee or penalty with at least a three (3)-hour advance notification.
3. Interpreters shall be available to provide services 24 hours, 365 days per year. Holiday availability is preferred as emergencies may arise.
RFP 24-022A
City Council
City of Santa Ana
10 – 182 10/1/2024
CITY OF SANTA ANA
i. Non-Emergency Interpretation Services: Consultant shall provide details regarding available coordination options for scheduling of interpretation services with the City. ii. Emergency Interpretation Services: Consultant shall provide their shortest possible response times and list any conditions for response (e.g., within 30 minutes, 1 hour, etc. for certain languages).
iii. If requested by City for certain projects, native speaking translators shall be provided.
4. Interpreters must demonstrate proficiency in both English and the other language, as well as accurately communicate specialized terms or concepts as they relate to regional planning and transportation.
5. Consultant shall provide for each translation assignment at least one qualified translator.
6. Consultant shall provide all items listed below to provide services as specified herein:
labor;
personnel,
equipment, materials, tools, and supplies;
postage and/or delivery charges;
transportation;
insurance; and
applicable licenses, permits, and certifications
7. Consultant shall assign a primary contact for all assignments under the City’s Contract. Primary contact or designee must be available to respond to communications from City staff Monday through Friday, during regular Business Hours, 7:30 AM to 5:30 PM PST. Additionally, contact information for urgent and after-hours requests must be provided. Holidays and times outside of Business Hours are considered after-hours.
8. Consultant shall provide the list of languages and the time frame which they can guarantee an interpreter will be made available for the work.
9. City has the right to affirm and/or decline the usage of a particular interpreter.
10. Consultant shall provide training, assessment, and ongoing monitoring of interpreters’ understanding and compliance with standard interpreter protocols and ethical practices.
11. Consultant shall ensure through training, assessment, and ongoing performance monitoring that interpreters have the ability to anticipate and recognize misunderstandings arising from the differing cultural assumptions and expectations, or regional language differences and dialects, and that interpreters have training to respond to such issues appropriately, including criteria for recusal.
12. Consultant shall ensure that during the interpretation sessions, interpreters only respond in the first person, maintain accuracy at all times, and avoid omission or embellishment of the source message. The accuracy of translation, interpretation, and closed captioning services shall be the sole responsibility of the Consultant; however, the City reserves the right to evaluate and monitor accuracy of services provided.
13. Consultant staff shall maintain and ensure confidentiality of all discussions, documents, and various file formats provided to and received from City Departments and any other non-public RFP 24-022A
City Council
City of Santa Ana
10 – 183 10/1/2024
CITY OF SANTA ANA
meetings. Additionally, Consultant staff must sign confidentiality agreements when required by individual City Departments.
G. Ordering Process
1. Consultant shall establish an individual sub-account for any City Department that elects to place an order directly with the Consultant under the Contract.
2. Consultant must provide quote or proposal as requested by City staff within one business day.
3. Consultant shall receive and transmit drafts and completed work from and to the requesting Department by secure electronic file attachments to e-mail in Microsoft Word and/or Adobe Acrobat “pdf” file formats or as specified in the order.
4. Consultant must maintain an email address with a form of acknowledgement of receipt for ordering, inquiries, and customer service within one (1) business day of receipt of order.
Proposer will state the maximum attachment size limit and alternatives for transmitting files that are larger than the maximum allowed.
H. Possible Service Locations
City Hall
Santa Ana Police Department
Various Community Center Sites
Various Library locations
Various City Parks
Telephone
Video
I. Customer Service
Consultant’s customer service process will ensure that all customer service issues are addressed in a consistent and expeditious manner, including problem escalation and resolution of service issues. The customer service process includes, but is not limited to:
Customer service organizational structure.
Contact process and contact person identified by position in the company (phone, email, fax, etc.).
Follow up process.
Internal procedures to track customer service contact and resolution. Escalation process to resolve outstanding customer service issues.
Consultant’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, members of the public, other team members and staff within the City.
RFP 24-022A
City Council
City of Santa Ana
10 – 184 10/1/2024
CITY OF SANTA ANA
J. Reports
1. Quarterly Reports
Consultant shall provide to each of the City’s using Departments quarterly reports that include a summary of the services ordered and the following information:
Ordering City staff member;
Service date;
Services provided (i.e., translation, interpretation, ASL, etc.); Language; and
Total number of hours ordered during the quarter reported per language.
Quarterly reports must be provided no later than thirty (30) business days after the end of each quarter and will include purchases that have been paid, as well as services currently being worked on.
2. Annual Reports
Consultant shall provide to Purchasing contact an annual report of contract usage, including the following individual order information listing per month:
Department;
Ordering City staff member;
Service date;
Services provided (i.e., translation, interpretation, ASL, etc.); Language; and
Number of hours.
Annual reports must be provided no later than by January 30th of every year for the previous year calendar and will include purchases that have been completed.
RFP 24-022A
City Council
City of Santa Ana
10 – 185 10/1/2024
EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 10 – 186 10/1/2024
Response to Request for Proposals No. 24-022A
“Translation and Interpretation Services”
City of Santa Ana
Volumes I, II and III - SOQ, Cost, and Attachments
Submitted by:
Accent on Languages, Inc.
Questions?
Please contact [email protected]
510-644-9470
3/21/2023
Accent on Languages Response 24-022A 1
Volume I - SOQ
City Council 10 – 187 10/1/2024
TABLE OF CONTENTS
Volume I - Statement of Qualifications (SOQ)
a. Cover Letter...................................................................................................................................... 3 b. Services Provided............................................................................................................................. 5 In-person and Video Interpretation Services................................................................................... 6 Video Remote Interpreting.............................................................................................................. 7 Professional Audio Equipment for Events and Conferences............................................................ 8 Telephonic Interpretation for On-Demand Communication............................................................ 8 Average response time.................................................................................................................... 8 Translation Services......................................................................................................................... 9 Responsibilities of the Translation Team........................................................................................10 Translation Glossary and Style-Guide Management...................................................................... 10 c. Agreement Statement..................................................................................................................... 11 d. Firm and Team Experience.............................................................................................................. 11 Description of the Firm, Address and Account Manager............................................................... 11 Key Program Manager Resume: Caroline Lee, CEO, and owner of Accent.................................... 13 Certifications..................................................................................................................................16 Linguist Recruitment Checklist (must-haves)................................................................................. 18 CEO's approval of the linguist and the translation and general involvement................................ 18 Subcontractor Plan.........................................................................................................................18 e. Proposed Work Plan........................................................................................................................19 How to order services and response times....................................................................................19 Real-time Turnaround.................................................................................................................... 21 Minimum requirements for linguists............................................................................................. 21 Implementation Plan..................................................................................................................... 23 f. References - Attachment B............................................................................................................... 26 Cost Proposal (Volume II) and Certifications (Attachments) (Volume III) are enclosed in the next pages.
Table of Contents Volume II - Cost Proposal...........................................................................................................29 Table of Contents Volume III - Certifications (Attachments) ...................................................................................37 Accent on Languages Response 24-022A 2
Volume I - SOQ
City Council 10 – 188 10/1/2024
a. Cover Letter
ATTN: Abigail Alcala, Assistant City Clerk
City of Santa Ana – Clerk of the Council
20 Civic Center Plaza
Santa Ana, CA 92701
Accent on Languages, Inc. (Accent) is privileged to showcase our linguistic services to the City of Santa Ana (the City). As a certified Small Business (SB), Woman-Owned Business Enterprise (WBE), Minority Business Enterprise (MBE), and Small & Emerging Business (SLEB), Accent is dedicated to achieving the highest standards of excellence. Our credentials include GSA certification, corporate membership in the American Translators Association (ATA), and approval as a vendor by the County of Alameda and the City and County of San Francisco.
Mission
Accent on Languages' mission is to provide unparalleled foreign language and cultural services to government entities and the public. Our focus on achieving the highest quality in translations, coupled with personalized customer service, has defined our three decades of experience. We offer comprehensive translation, localization, transcription, and in-person and over-the-phone interpretation (OPI) services, including American Sign Language, to federal and state organizations, private businesses, and communities.
Government Experience
Since 1997, Accent has been a trusted provider of linguistic support to U.S. federal government agencies. We have held a GSA award since 2003 and secured a legacy successor GSA schedule award in March 2023. Additionally, Accent has been a CMAS contractor with the State of California since 2009, serving various federal and local entities such as the Department of Agriculture, FBI, Department of Justice, Alameda County Public Health Department, and others.
Success at the 2023 APEC Conference with FEMA
In August 2023, Accent showcased its prowess at the FEMA Asian-Pacific Emergency Council (APEC) conference in Seattle. Our team of twelve highly skilled interpreters, proficient in seven languages, played a crucial role in ensuring smooth communication throughout various conference activities, including bilateral meetings, plenary sessions, and special events. Our adaptable approach and dedication to delivering top-notch service within budget constraints were instrumental in the conference's overall success.
Our expertise extended beyond language interpretation, encompassing support for interagency coordination and assistance to other U.S. agencies involved in the event. We collaborated with hotel staff, audio equipment technicians, and more, showcasing our ability to navigate complex requirements while maintaining cost-effectiveness. This project exemplifies how our experience and proficiency contribute to exceptional service delivery in adherence to stringent standards and budgetary considerations.
Accent on Languages Response 24-022A 3
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Leading Over-the-Phone and Video Conferencing Interpreter Services Accent stands as a reliable provider of Over-the-Phone and Video Conferencing Interpreter Services, dedicated to supporting the Department of Homeland Security (DHS) United States Citizenship & Immigration Services (USCIS) Refugee, Asylum, and International Operations (RAIO) Directorate. Our telephonic on-demand services operate 24/7, catering to twelve DHS field offices in need of linguistic support for Safe Third Country Screening Interviews across 40+ languages, including Arabic, Burmese, Farsi, French, Georgian, Creole, Hindi, Italian, Mam, Mandarin, Pashto, Portuguese, Punjabi, Russian, Spanish, Urdu, Vietnamese, and more.
Since May 2023, Accent has handled approximately 4,500+ calls, accumulating over 700,000 minutes of telephonic interpretation. With a monthly average of 100,000 minutes, we have emerged as the top vendor for various USCIS Field Offices. This success has empowered our interpreters to conduct longer phone calls with multiple interviews, delivering an enhanced service experience to individuals and earning praise from asylum officers. The majority of our interpreters excel in managing extensive calls, with durations ranging from 2 to 9 hours, showcasing their commitment to providing exceptional service, as evidenced by our longest call lasting over 9 hours.
Security Clearance and Capacity
With a team of 300+ linguists possessing current public trust security clearance and an additional pipeline of 400+ linguists in the process, Accent stands ready to meet clients' linguistic needs. We are well-versed in clearance processes and requirements and actively process new clearances for ongoing contracts. Our security clearance officers and project managers ensure seamless collaboration across the West and East coasts.
Comprehensive Services
Accent's extensive experience extends to standard translation services, website localization, voice-over services, subtitling, captioning, section 508 and ADA compliance remediation, American Sign Language, Braille, transcription, and translation services for court purposes.
In conclusion, Accent on Languages is your dedicated partner for comprehensive linguistic services, and we look forward to the opportunity to contribute to the success of the City’s initiatives.
Sincerely,
Caroline Lee 3/19/2024
Caroline Lee, CEO and owner, Accent on Languages, Inc. Date Accent on Languages Response 24-022A 4
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Bidder information
● Accent on Languages Inc.
○ POC: Caroline Lee, CEO and owner
○ 2718 Telegraph Avenue Suite 104, Berkeley CA 94705
○ 510-644-9470
○ [email protected]
● GSA Contract Number: 47QRAA23D0058
● CMAS Contract Number: 4-23-07-1004
● SAM Unique Entity Identifier (UEI): M3W2EQK9LHC1
● Socio-economic status:
○ Certified Small Business in California (SB 28175)
○ Certified Woman-owned Business Enterprise (WBE) and Minority Business Enterprise (MBE) (both certified in California under the CUCP program) ○ Disadvantaged Business Enterprise (DBE) application (CUCP program) ○ Small Business Administration Section 8(a) certification application in process b. Services Provided
Accent on Languages (Accent) offers a wealth of expertise in various language services, including standard interpretation (both on-site and remote, encompassing simultaneous and consecutive modes), translation services, website localization, voice-over services, subtitling, captioning, Section 508 and ADA compliance remediation. Additionally, we provide specialized services such as American Sign Language interpretation, Braille transcription, and certified translation and interpretation services for diverse contexts including court proceedings, medical consultations, administrative hearings, and more.
● Written Translation of Documents: Our expertise extends to translating and formatting various documents, including letters, forms, and communication materials. We also offer graphic design template formatting using tools such as the Adobe CC Suite, ensuring professional and visually appealing layouts.
● In-Person On-Site Interpretation Services: We provide in-person interpretation services, including American Sign Language interpretation, to support the City’s activities, client visits, and other events. Our interpreters are well-versed in HIPAA and confidentiality requirements and can promptly provide certified interpreters for legal and medical interpretation upon request.
● Scheduled Video Remote Interpretation (VRI) Services: Our scheduled VRI services for American Sign Language and verbal languages offer flexibility and convenience for the City’s interpretation needs.
● On-Demand Telephonic and Virtual Interpretation Services: Our 24/7 telephonic interpretation services ensure rapid access to qualified interpreters, with an average response time of under 2 minutes. We will provide detailed instructions on technological setup and offer ongoing assistance to the City’s staff members to ensure seamless utilization of the platform.
Accent on Languages Response 24-022A 5
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In-person and Video Interpretation Services
Our interpreting process is designed for efficiency and precision. Here is a depiction of our seamless workflow:
Gathering information about the request: The process is initiated by collecting all necessary details for the assignment. The Project Manager takes note of the interpreting requirements, including:
● Nature of the meeting and subject matter
● Setting and format of the meeting/appointment
● Special cultural or gender requirements
● Dates and schedule
● Language or dialect combination (from and into)
● Availability of documents and texts to support interpreters ● Type of service: face to face, telephonic, video
● Mode of interpreting: simultaneous or consecutive
Confirming the interpreter:
● The PM acknowledges receipt of information promptly and confirms details with the client/requestor.
● The Accent PM identifies and assigns a qualified interpreter or team of interpreters tailored to the specific job requirements.
● Once all the interpreters have been assigned, the PM sends a confirmation to the City’s point of contact, detailing all the agreed requirements. For on-site interpreting, special attention is placed on noting issues in advance regarding accessibility and transportation, such as entrance access and location, security or health checkpoints, traffic, public transportation options, or parking availability.
Accent on Languages Response 24-022A 6
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Interpreting Service:
● The PM ensures close collaboration between the client and the interpreter. ● The PM also ensures alignment on the job specifics, terminology, preparation, and equipment needs.
○ The Project Manager provides a brief to the interpreter(s) with all the specifics of the assignment.
○ The interpreters will arrive at the venue at least 15 minutes in advance (or log in to the phone call/video call). During the actual interpreting service, Mines will be able to contact the Project Manager directly regarding any questions. Mines will dismiss the interpreters upon completion of the service.
Feedback Integration and Flexible Reporting:
● Encourage open feedback loops throughout the process. ● Proactively address concerns and optimize performance based on insights. ● The PM will provide comprehensive reports periodically or on an ad-hoc basis to meet all client needs.
Video Remote Interpreting
Accent offers several video remote solutions to the City. The workflow is similar to the face-to-face interpretation. We also uphold the same high standards when it comes to our interpreter and interpretation quality, professionalism, and technicality. For scheduled appointments, Accent offers three (3) solutions to schedule and host video remote interpreting services: Zoom, Microsoft Teams, and Accent’s own proprietary video platform (powered by Interpreter Intelligence).
If staff members at the City prefer to work with certain face-to-face, on-site interpreters, several of these scheduled video methods allow the same trusted on-site interpreters to use video remote services seamlessly. In addition, Accent on Languages offers Zoom services to host conference-style events for over 200 participants, including simultaneous interpretation channels embedded in the Zoom application, with multiple language channels available to the audience. Take note multiple simultaneous interpretation channels are available only with professional-level Zoom accounts, and this feature might not be available with the Zoom tiers used by the City.
Accent can also organize interpretation services using other popular cloud-based communication platforms such as Google Meet, Cisco-Webex, etc. Accent does not provide hardware (computers or devices) to access these platforms, but our project managers can assist staff and customers in the use of these platforms.
Accent offers a proprietary scheduled video interpreting platform powered by Interpreter IntelligenceTM. This platform can help the City meet HIPAA requirements. To prepare properly for this new service, an implementation plan has been designed to cover the necessary onboarding of the City’s personnel.
Accent on Languages Response 24-022A 7
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Specific instructions about how to use the scheduled VRI platforms, minimum requirements, equipment needed, etc. will be provided in advance to all participants before every meeting, including links to manuals, guides, and demo videos.
The Accent – Interpreter IntelligenceTM scheduled platform does not require the installation of third-party applications, only the use of a typical Internet browser is requested (such as Firefox, Chrome, etc.), and the use of a device with camera and microphone capabilities. Our system is compatible with: Mac & PC desktops, iPhones, Android smartphones, and tablets.
Professional Audio Equipment for Events and Conferences Accent also offers professional audio equipment for interpreting services. We can serve small meetings or large audiences, and our equipment is compatible with any Audio/Video system.
Please consult with the Account Manager if these services are ever needed by the City. If audio equipment is requested for a conference event, the following additional requirements also apply:
● Type of room (conference room, meeting room, auditorium, etc.) ● Type of Public Announcement / Audio Visual systems available on location ● Interpreters’ booth requirements (availability on location, full booth or table-top, etc.) Telephonic Interpretation for On-Demand Communication
Accent, together with Accent on Languages, offers on-demand telephonic interpretation services 24/7/365, proficiently covering a spectrum of 40+ languages, including but not limited to Arabic, Burmese, Cantonese/Yue, Creole, Farsi, French, Georgian, Hindi, Italian, Korean, South Korean, Mam, Mandarin, Pashto, Portuguese, Punjabi, Russian, Spanish, Urdu, Vietnamese, and many more. With a robust team of 400+ linguists and an additional pipeline of 500+ linguists in the process of onboarding, Accent stands ready to meet the linguistic needs of our valued clients.
● Ad-hoc Calls: Accent provides a 1-800 number that is used to access an interpreter in the desired language 24/7, on-demand. The average ring for each call is 4 to 30 seconds. ● On-Demand Scheduled Calls: Accent provides for a scheduled call service. This means that the City may schedule an audio or video call for either the same day or a future date. Scheduled calls are recommended for special circumstances, including, but not limited to, calls expected to last for more than 1 hour in duration, calls involving languages of lesser diffusion, and calls requesting interpreter preference (i.e. specific interpreter, gender, etc.).
Average response time
User calls will be picked up within 5 seconds and callers will have the option of either selecting a language and being connected to an interpreter directly or connecting with a Customer Service Assistant. Connection to a live assistant will happen within the 10-second timeframe.
Accent on Languages Response 24-022A 8
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The call platform allows us to maintain accurate records of all call connection times. Any instances where interpretation did not begin within forty-five (45) seconds or where no interpreter is available will be identified. On a monthly basis, these calls will be itemized and deducted from the monthly invoice total with the amount deducted reflected on the invoice. If an agency staff member is presented with a situation where the caller cannot be directed to the cards or is unable to read and respond to them, the staff person can always choose to connect directly to a Customer Service Assistant. The Assistants take the following steps to identify a caller’s language:
● The assistant will attempt to identify a commonly understood language (e.g. Spanish, French, Arabic) using standardized prompts.
● If a common language can be identified, they will use standardized prompts to determine the place of origin including the hometown.
● From this information, assistants can identify the most likely languages spoken and prompt the caller to respond in the affirmative when the language is identified.
Translation Services
At Accent, translation is a progression of steps culminating in a product that is complete, technically accurate, free of grammatical errors, and reflective of standard, idiomatic usage of the target language, while preserving the intent and emphasis of the original text. To accomplish this objective, Accent applies a thorough procedure to all written translation services. The following graphic summarizes Accent’s translation process workflow that will be applied to the translation of any materials provided to us by the City, in compliance with all the City’s requirements specified in the Scope of Work.
Accent on Languages Response 24-022A 9
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Responsibilities of the Translation Team
The translator's primary responsibility is to translate a text from one language to another. They need to have excellent language skills in both the source and target languages, a deep understanding of the subject matter, and cultural sensitivity to convey the intended meaning of the original text in the target language. They must ensure that the translation is accurate, clear, and culturally appropriate.
Translators are responsible for translating the text accurately and appropriately, editors review and improve the translation, and proofreaders ensure that the definitive version is error-free.
All three roles are crucial in the translation process and require different skills and expertise to ensure the best possible outcome.
An editor's responsibility is to review and improve the translation before it is finalized. Editors check for grammatical errors, clarity, consistency, and flow. They may also ensure that the translation adheres to the client's style guide, maintain consistency with previous translations, and verify the accuracy of any technical or specialized terms used in the text.
A proofreader's responsibility is to review the translation once it has been edited to ensure that it is free of errors. They check for spelling mistakes, typos, punctuation errors, and formatting issues. Proofreaders do not make any significant changes to the text but may make suggestions to improve clarity and consistency. All the linguists working as a team also have the following shared responsibilities: Accuracy; Clarity; Cultural sensitivity; Timeliness; Confidentiality; Professionalism; Responsiveness; Ability to follow instructions and special requirements carefully; Use computer-assisted tools effectively; Take feedback well; Update the translation in a timely manner based on the client's feedback even after submission.
Translation Glossary and Style-Guide Management
The efforts of managing and updating the glossary are always aimed at maintaining consistency throughout all documents and all languages. The management of the glossary is an extremely crucial step that all linguists involved in the QA process will focus on for the whole duration of the contract.
After a translation is successfully translated and approved/accepted by the City, the PM compiles the “approved-and-verified” translation, updates the data dictionary with any new terminology, or changes to the existing terms, as applicable. The glossary will be a property of the City, and can be consulted, modified, and accessed by the City at will; the glossary will be available in electronic format, and hard copies can also be provided upon advance notice request. Examples of items that may be included in the glossary are: Professional titles; Organization/Entity/Agency names; Laws and legal terms; References; Products/services; and technical terminologies. Accent will comply with submittal/formatting specifications stated on the Scope of Work.
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c. Agreement Statement
Accent on Languages concurs with all provisions as contained in Exhibit II – Sample Agreement of this RFP and does not have any exceptions nor concerns. d. Firm and Team Experience
Description of the Firm, Address and Account Manager
Accent has a rich history of successfully managing a diverse array of translation and interpretation projects, ranging from small-scale assignments to highly specialized endeavors.
Ms. Caroline Lee will be the designated Account Manager under this contract and will oversee quality control and ethics. In addition to the Account Manager, our dedicated team of Project Managers (PMs) will be assigned to serve the City. Orders for services can be placed by telephone, email, or fax. Accent’s headquarters office is located at 2718 Telegraph Avenue, Suite 104, Berkeley CA 94705.
The leadership team at Accent has a multicultural composition with a profound respect for the nuanced meanings within various cultures and their respective heritages. Beyond English, our team members are proficient in Spanish and Chinese. The following table shows the key management personnel assigned to this project:
Key Personnel Role and experience
Ms. Caroline Lee,
CEO and owner / Chinese linguist
[email protected]
510-644-9470 x 1001
● Middlebury Institute of International Studies,
master’s degree in Conference Interpreting
● 15+ years of project management and
leadership experience in the language industry
● 15+ years of experience as a Chinese linguist
(translator and interpreter)
CEO and owner of Accent on Languages. Translation
and Localization Executive with 15+ years of
localization leadership; strong understanding of
localization and globalization best practices,
technology and tools, processes, and linguist
management in various verticals. She has a vision of
helping people serve the greater good through
creating a diversified culture and establishing better
communication in both language and culture.
Supervised over 20-million-dollar projects from
ideation to launch with 99.8% accuracy and on-time
delivery. Worked closely with Fortune 500 global
executives on business strategies, creative solutions,
and financial predictions to adapt to market
conditions while increasing profitability.
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Mr. Kai Sun,
Project Manager / Chinese linguist
[email protected]
510-644-9470 x 1003
● Interpreters’ Project Manager, conducts
vetting of interpreters. Oversees the quality
control process and is the liaison with
interpretation clients.
● Middlebury Institute of International Studies,
master’s degree in Translation and Localization
Management
Program Assistant / Project Manager for Interpreting
Services (including remote video and audio
equipment). 6 years of experience in the language
industry. Provided on-site interpreting project
management to APEC, Trust for Public Land, City
College of San Francisco, and Napa County Office of
Education. Managed to schedule interpreting services
for rarely seen languages, like Swahili, Rufumbira, and Ibibio for state/federal departments.
Ms. Virginia Bertorello,
Project Manager / Spanish linguist
[email protected]
510-644-9470 x 1008
● Certified English/Spanish Translator
(Universidad Nacional de Córdoba - Argentina)
● Translation, proofreading, quality control of
translated texts.
Program Assistant / Project Manager for Interpreting
Services (including remote video). Virginia has 13
years of experience in the language industry as a
translation and interpretation coordinator for many
different verticals including government, community
services, medical, life science, healthcare, etc.
Mr. Baoze Zhang
Project Manager / Chinese linguist
[email protected]
510-644-9470 x 1007
● Beijing Foreign Studies University Bachelor’s
degree in Translation and Interpretation
● Middlebury Institute of International Studies,
master’s degree in Translation and Localization
Management
Translation Production Manager. Baoze is a native
Mandarin speaker and Chinese – English linguist.
With four years of experience in the language
industry, Baoze has successfully managed thousands
of projects, coordinating, and overseeing all aspects
of the translation process, from project initiation to
final delivery. He is responsible for understanding
client requirements, developing project timelines,
allocating resources, monitoring processes to ensure
that the translated material aligns with client
expectations and goals.
Mr. Nestor Guzmán
Project Manager / Spanish linguist
[email protected]
510-644-9470 x 1002
● AA in Liberal Arts
● Experience assisting in translation projects,
performing Spanish written translations.
Project Manager for written translation services.
Spanish linguist. Five years of experience in the
language industry. Nestor is a seasoned project
manager handling many of Alameda County’s
translation projects from start to finish currently.
Ms. Hanna Jacobson
Project Manager
[email protected]
510-644-9470 x 1010
● Interpreters’ coordinator, conducts vetting of
interpreters, including processing of security
clearances and linguist certifications.
● She oversees the quality control process and is
the liaison with interpretation clients.
Program Assistant / Project Manager for Interpreting
Services (including remote video and over the phone
interpretation services) Five years of experience in
the language industry as an interpreter coordinator
for local, state, federal governments, a linguist
clearance security officer, and a language educator.
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Key Program Manager Resume: Caroline Lee, CEO, and owner of Accent
EDUCATION
Master of Translation and Localization Management
Bachelor of English Monterey Institute of International Studies, 2007-2009 English / Mandarin / Taiwanese
Wenzao Ursuline University of Languages, 2005-2007
EXPERIENCE
CEO, Accent on Languages, 2021-Present
● Establish the vision and implement strategic operations for the organization. ● Create a safe and diversified environment for employees to grow and thrive; establish a culture of collaboration and integration that continuously enhances client experiences. ● Develop procedures to maximize operational efficiencies to provide the highest quality, fastest delivery, and most reasonable budget for all of our clients. ● Supervise daily operations and provide support for daily operations at all internal levels. ● Collaborate with the team to prepare and present responses to government proposals, RFPs and RFIs.
● Provide key operational decisions, financial predictions, and performance analysis. ● Continue leadership and stewardship in the community to help serve the greater good.
ISI Language Solutions; BIG Language Solutions, 2011-2021; VP of Operations (2021); Director of Production (2016-2021); Production Manager (2014-2016); Project Manager (2011-2013) ● Identified, tested, and onboarded AI-based machine translation and QA systems. ● Managed development of linguist contractor coordination and ranking platform and onboarded CMS tools to optimize efficiency.
● Collaborated with stakeholders and cross-functional teams to plan and implement localization project roadmap. Led teams from ideation through successful execution. ● Championed initiatives to increase operational adaptability, efficiency, and agility. ● Created data-centered reports and presentations for executives regarding performance, strategy, and outlook.
● Partnered with sales, marketing, engineering, and accounting teams to define, prioritize, and create growth opportunities.
● Successfully hired, retained, and trained top talent to expand from 15 specialized in-house positions to 50+ cross-trained global team members in two years. ● Developed quantifiable metrics and KPIs to actively manage performance of operation and sales teams.
● Drafted and negotiated responses to RFP’s, SOW’s, and NDA’s. ● Supervised and streamlined recruitment, training, and ongoing evaluation of vendors.
International Brand Manager, BijouMontre SWISS SA, 2010-2011 ● Built international brand equity and encouraged sales development by organizing marketing events in the US, Switzerland, China, Japan, Hong Kong, and Taiwan. ● Created localized product descriptions for advertising in English and Chinese. ● Advised key stakeholders regarding new products.
● Trained distributors and salespeople how to communicate design features to consumers in China, Japan, Hong Kong, and Taiwan.
* * * * *
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For over 26 years, Accent on Languages has been providing high quality translation, interpretation, transcription, and multilingual desktop publishing services to major corporations, local businesses, and State and federal agencies. Accent combines the effectiveness and resource capability to handle large projects, while maintaining a small business feel, assisting and helping our clients with every need, and maintaining a constant channel of communication with the City. The next table summarizes a list of relevant past performance contracts that Accent on Languages is currently managing or successfully managed in the past few years.
Contracting agency Type of contracted services provided Contract term & budget
Performance
outcomes
Alameda County (all
departments)
Over the phone interpreting available 24/7 on
demand for Spanish, Chinese, Vietnamese, and
other languages, including American Sign
Language services.
2017 - 2023
$1,1M
All work
delivered on
time, with no
deviations from
the budget.
California
Department of
Motor Vehicles
(DMV)
Over the phone and video remote (for ASL)
interpreting with linguists cleared by Department
of Justice Live Scan certification. Languages
offered: American Sign Language (ASL), Arabic,
Mandarin, Armenian Eastern, Portuguese,
Armenian Western, Russian, Cantonese, Spanish,
Japanese, Tagalog, Korean, Vietnamese, Afghani,
Indonesian, Albanian, Ingush, Amharic, Italian,
Assyrian, Laotian, Bengali, Lebanese, Bulgarian,
Lithuanian, Burmese, Macedonian, Cambodian,
Malayalam, Chaldean, Mien, Chinese, Nepali,
Chiu-Chow, Pashto, Croatian, Persian, Dari,
Polish, Dutch, Punjabi, Eritrean, Romanian,
Ethiopian, Samoan, Farsi, Serbian, French,
Somali, German, Taiwanese, Greek, Tibetan,
Gujarati, Thai, Hebrew, Tigrinya, Hindi, Tongan,
Hmong, Turkish, Hungarian, Ukrainian, IIocano,
Urdu.
2023-2024
$35,000
All work
delivered on
time, with no
deviations from
the budget.
California Air
Resources Board
Simultaneous interpreting services, audio
equipment rental services, glossary
management, written translation services:
Spanish, Punjabi, Chinese (Traditional), Chinese
(Simplified), Korean, Vietnamese.
2010 - 2021
$506,000
All work
delivered on
time, with no
deviations from
the budget.
San Diego County Serving all departments in the County. Written translation services, glossary management,
formatting services in Arabic, Chinese, Spanish,
Tagalog, Vietnamese, Dari, Farsi, Somali, Hindi,
Korean, Japanese, etc.
2012 - present
$210,000
All work
delivered on
time, with no
deviations from
the budget.
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Contracting agency Type of contracted services provided Contract term & budget
Performance
outcomes
US Citizenship and
Immigration Service
(USCIS)
Over-the-Phone and Video Conferencing
Interpreter Services in support of the
Department of Homeland Security (DHS) United
States Citizenship & Immigration Services (USCIS)
Refugee, Asylum, and International Operations
(RAIO) Directorate. Accent provides on demand
service 24/7 to 12 field offices of DHS, covering
40+ languages including languages such as
Arabic, Dari, Farsi, French, Creole, Hindi,
Mandarin, Pashto, Portuguese, Punjabi, Russian,
Somali, Spanish, Quiche, Ukrainian, Urdu and
indigenous languages (Mam, Ixil, Pulaar). Accent
has a team of about 200+ linguists with a current
public trust security clearance, and a pipeline of
about 400+ linguists in process of obtaining it.
2023 - present
and two
additional
optional years
$799,000 per
year
All work
delivered on
time, with no
deviations from
the budget.
FEMA, APEC
Conference 2023
On-site simultaneous, consecutive, escort and
whispering interpretation and project
management to support the Asian-Pacific
Emergency Council (APEC) conference, held in
Seattle, Washington. Delegations from
economies members of APEC attended the
conference, mostly centered around disaster
emergency response topics. Interpretation was
provided in different modes (consecutive,
simultaneous, whispered) during bilateral
meetings, plenary sessions, working groups,
receptions, and site visits. A team of 12
interpreters covering 7 target languages
(Spanish, Mandarin, Malay, Indonesian,
Vietnamese, Thai, and Korean), catering to
diverse delegations across the APEC economies.
Provide English phonetic pronunciation of
delegates’ names and voices recorded by native
interpreters. Take into consideration geopolitical
issues, like using “Chinese Taipei” instead of
“Taiwan”, “the Republic of Korea” instead of
“Korea”, and “PRC” instead of “China”. Match
conference flow with the right interpreting type
during the event. We also contributed to the
interagency coordination by helping other US
agencies involved in the event, and hotel staff,
audio equipment technicians, etc.
August 2023
APEC conference
in Seattle, WA
$88,000 (without
travel and
lodging)
Travel, lodging,
audio
equipment and
other
coordination
services to
support FEMA.
All work
delivered on
time, with no
deviations from
the budget.
Metlang (prime of
DEA contract)
Analytic linguist services for Metlang for DEA
cases and projects in Regions 1, 2, 3 and 4 (all
United States). Take note linguists per region are
capped by Metlang. Accent coordinates recruited
linguists, coordinated the clearance process and
managed the services provided (Region 1: 11
linguists, Region 2: 7 linguists, Region 3: 4
linguists, Region 4: 16 linguists)
Current contract
2021-2025
All work
delivered on
time, with no
deviations from
the budget.
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Certifications
Our linguists at Accent hold a variety of certifications that demonstrate their expertise and proficiency in their respective fields. These certifications include, but are not limited to:
Certification Commission for Healthcare Interpreters (CCHI) This certification validates our interpreters' competence in providing language support in healthcare settings. It ensures that our linguists possess the necessary skills to facilitate effective communication between healthcare professionals and patients, promoting patient safety and quality care.
The National Board of Certification for Medical Interpreters (NBCMI) Similar to CCHI, NBCMI certification indicates that our medical interpreters meet rigorous standards of competence and professionalism in medical interpretation. It signifies their ability to accurately convey medical information and ensure clear communication between healthcare providers and limited-English-proficient individuals.
Court Certification of the State of California
This certification attests to the qualifications of our interpreters to work in legal settings within the state of California. It demonstrates their proficiency in legal terminology, procedures, and ethics, enabling them to provide accurate and impartial interpretation services in court proceedings and legal proceedings.
ATA Certification
ATA (American Translators Association) certification is a widely recognized credential in the translation industry. It signifies that our translators have demonstrated a high level of proficiency and expertise in translating written materials from one language to another. ATA certification ensures quality and accuracy in translations, adhering to professional standards and best practices. Accent on Languages is a corporate member of the ATA. Please see Accent’s ATA card below:
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American Language Testing Association (ALTA)
The American Language Testing Association (ALTA) offers comprehensive assessments to evaluate linguistic proficiency across diverse domains. ALTA tests provide a rigorous validation of language skills for interpreters and translators, ensuring they possess the expertise needed to meet the complex communication needs of various industries. With ALTA certification, linguists demonstrate their commitment to excellence and professionalism, guaranteeing accurate and reliable language services for clients worldwide.
Registry of Interpreters for the Deaf (RID)
This certification is specifically for sign language interpreters, indicating their competence in facilitating communication between deaf or hard-of-hearing individuals and others. RID certification ensures that our sign language interpreters possess the necessary skills to accurately convey information and promote effective communication in various settings.
Each of these certifications is awarded by reputable organizations that set rigorous standards for competence and professionalism in interpretation and translation. By holding these certifications, our linguists demonstrate their commitment to excellence and their ability to meet the diverse needs of our clients with accuracy, reliability, and professionalism.
Vetting and onboarding of linguists
The first step in the hiring process is to carefully review the resume of the translator or interpreter, and check the credentials, professional references, and recommendations. It is important to note that some languages do not have standard translation or interpreting certification programs in place, and proper professional experience needs to be verified in those cases including proficiency testing whenever it is appropriate. The following items are verified by the Project Managers and supervised by the Account Manager:
● Confirm certifications.
● Confirm educational degree.
● Check relevant work experience.
● Check for references/reviews to understand the context of their past work and reputation.
● Check which linguistic technological tools the translator uses or is familiar with. ● Provide a sample translation.
The second step consists of a series of interviews; a telephone interview followed by an in-person/face-to-face interview with the Project Manager. If the candidate is deemed a suitable linguist, the Account Manager (Ms. Caroline Lee) conducts another face-to-face interview.
Depending on each case, Accent may opt to send a proprietary interpretation and translation assessment to ensure that the linguist is capable of performing the required language services as an additional vetting step.
Provided the final interview and evaluation assessment are successful, and the certifications, credentials, and professional/business references are also appropriately verified, the candidate is selected, agrees to review policies and code of ethics, and signs a confidentiality agreement.
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The linguists who are successfully approved are entered into our database and tracked for performance and continuous education/certification. Accent dedicates a lot of resources to recruiting the best linguists to meet our client’s needs. An ongoing quality control process is in place following the recruiting. The certification and vetting process is as follows:
● Review of resume
● Verification of credentials. Many of the linguists who apply to work with Accent already have the proper credentials such as a medical certification, a state or federal court certification, RID (ASL), and/or the ATA certification.
Linguist Recruitment Checklist (must-haves)
At Accent, we are committed to implementing an above-industry standard when it comes to selecting our linguists to produce the highest quality translations for our clients. ● University or above degree relevant to the field of translation, linguistics, and/or subject matter
● Experience working as a linguist
● Use of CAT tools
● Nationality and native language(s)
● Place of residence per requirement
● Professional certifications
● Sample translation
● References
● Updated CV
CEO's approval of the linguist and the translation and general involvement Accent will always make sure that our CEO Ms. Caroline Lee approves the linguists' selection prior to the commencement of the work. Caroline will review the qualifications of the linguists carefully again to ensure there are no issues down the road. In addition, when the translation and editing work is done, the work will be sent to Caroline to do a final check before submitting it to the client. Should there be any change in circumstances, such as the linguists' availability or any other issues, Caroline should be made aware of the situation immediately.
Subcontractor Plan
All interpreters and translators are subcontractors of Accent and Accent on Languages. The Project Managers are responsible for administering and overseeing the subcontracts. The responsibilities of subcontractors include:
● Demonstrating a high level of proficiency in both the source and target language of interpretation while processing strong interpretation skills, including the ability to accurately convey spoken messages between languages in real-time. ● Acquiring expertise in specific subjects such as legal, medical, technical, or educational interpretation depending on the nature of the request.
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● Maintaining excellent work ethic and professionalism while adhering to ethical standards throughout the interpretation process. This includes maintaining confidentiality, impartiality, and neutrality, as well as refraining from providing personal opinions or commentary during interpretation
Every subcontractor will sign the following agreements with Accent:
● Non-Disclosure Agreement
● Independent Contractor Agreement
● Code of Ethics
Accent will ensure that all subcontractors comply with all the requirements stated in the scope of work; the City will not need to ever contact or manage any subcontracted company or individual. It is understood and agreed that the participating subcontractors shall be solely and directly under the responsibility of Accent, and the City shall have no obligation to them.
Additionally, our Project Managers boast backgrounds and professional degrees in translation and interpretation, positioning them as not only effective administrators but also capable linguists. Their deep understanding of language nuances and cultural contexts enables them to provide valuable insights and guidance to subcontractors throughout the project lifecycle. This dual role empowers our Project Managers to act as both facilitators and contributors, ensuring that the highest standards of quality and accuracy are upheld at every stage. Our project managers are capable of conducting translations in Spanish, Chinese Mandarin, and Japanese. e. Proposed Work Plan
How to order services and response times
Accent can respond to a request immediately over the phone during office hours between Monday and Friday (6AM – 6PM PST). Emails are responded to almost immediately upon receipt. Quotes are typically provided within 30 minutes for interpreting services and document translation projects. Additional or premium services might require a few additional hours.
Interpreters are typically confirmed the same day an order is placed; written translations are delivered within the time frame agreed upon between Accent and the requester on an order-by-order basis.
Accent will always wait until the City provides a verbal or written confirmation, purchase order and/or signed agreement as approval of the quote before starting any work. Accent is willing to adapt to any ordering procedure changes required by the City during the term of the contract.
Orders for services can be placed by telephone, email, or fax.
Office Phone number: 510-644-9470
Office Fax number: 844-308-9396
Office email contact for orders: [email protected] / [email protected] Accent on Languages Response 24-022A 19
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Contact for emergencies: [email protected] / [email protected] (Office hours are 6am-6pm but we can be reached after hours for emergencies).
Standard turnaround time
In-person and Virtual Interpretation Typically 1-2 days. Rarer languages may require a longer turnaround time.
Telephonic Interpretation Ad-hoc
Immediately
Scheduled
Same day
Translation Spanish
2500-3500 words/day, followed by a day of desktop
publishing, and a day of editing and proofreading.
Other Languages
1500-2000 words/day, followed by a day of desktop
publishing, and a day of editing and proofreading.
Our Project managers are always here to assist you at your time of emergency. We have a proven track record of helping our current clients with same-day interpretation requests, both in-person and virtual. With our in-house project managers, who excel not only in project management but also in linguistic expertise, we proudly provide expedited translation services tailored to meet urgent needs. Leveraging their proficiency in languages such as Spanish and Chinese, our team guarantees rapid turnaround times, delivering concise translations for short documents within a mere 2-hour window. For languages like Russian, Japanese, Arabic, French, and German, commonly utilized across various industries, we ensure swift delivery within the same day or overnight. Our streamlined processes and dedicated linguists ensure that regardless of the language, clients receive accurate and timely translations, meeting their immediate requirements without compromising on quality.
Expedited turnaround time
Interpretation Same day
Translation Spanish and Chinese
<1000 words: 2-5 hours Delivery
Common Languages
Same-day or Overnight Delivery
Rare Languages
Overnight or 2-day Delivery
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Real-time Turnaround
With over two decades of experience in providing interpretation and translation services, Accent has perfected efficient workflows to ensure real-time interpretations for calls and meetings. Our comprehensive Content Management Systems (CMS), Translation Management Systems (TMS), and Computer-Assisted Translation (CAT) tools, coupled with experienced personnel, allows for streamlined rescheduling processes for translation and interpretation, enabling swift and accurate communication. Additionally, our project managers specialize in coordinating fast turnaround times for written materials, ensuring same-day confirmation for interpretation requests and next-day translation delivery without compromising quality. Accent will gladly accommodate any emergency requests and do our best to assist the City.
Minimum requirements for linguists
Interpreters must be able to accurately render oral communication involving two or more individuals. The interpreter must be able to accurately translate communication from all involved parties. In the event of meetings that are emotional in nature, interpreters are required to provide interpretation in difficult conditions and remain unbiased. The following is a quick summary of the interpretation skills and role of the interpreter:
● Must be native in the target language.
● Linguists’ minimum requirements include favorable ILR-scale results (3+ or higher) and, in addition to 3+ years of experience.
● Must be bi-cultural in addition to being bilingual.
● Must be a cultural liaison between the client and the LEP. ● Must have a good command of both languages.
● Offer accurate and complete rendition.
● Avoid interaction with the client without the government representative or social worker’s permission.
● Remain impartial and unbiased: The interpreter must not provide private opinions. ● Use of the proper protocol: The interpreter must use the first person when interpreting and the third person when asking for clarification or repetition. ● Notify Accent and the City immediately of any conflict of interest.
Accent relies on standards based on accepted interpreting quality standards, code of ethics, and customer feedback. The following are the requirements to ensure that interpreters comply with industry standards (as per the American Society of Testing and Materials, ASTM):
● Command of Foreign language
● Attention skills
● Analytical skills
● Memory skills
● Language transfer skills
● Note-taking skills
● Cultural Awareness
● Clear and audible speech
● Demeanor appropriate to setting
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● Adaptability
● Stamina
● Ability to cope with stress
● Knowledge of subject matter
● Education and specialization
● Research and preparation skills
Linguist Recruitment Checklist (must-haves)
At Accent, we are committed to implementing an above-industry standard when it comes to selecting our linguists to produce the highest quality translations for our clients. ● University degree relevant to the field of translation, linguistics, or subject matter ● Experience working as a linguist
● Use of CAT tools
● Nationality and native language(s)
● Place of residence per requirement
● Professional certifications
● Sample translation
● References
● Updated CV
Available Languages for Interpretation and Translation
The table below delineates the robust capacity of Accent's local interpreter network ready to cater to the diverse language needs of the City. The information below provides a snapshot of our current interpreter availability. Accent is consistently engaging in the vetting of qualified linguists. Therefore, this listing is dynamic and will expand over time to accommodate evolving language requirements, and underscores our commitment to maintaining an extensive and responsive interpreter network, ensuring a seamless and comprehensive language solution for the City's needs.
LANGUAGES OFFERED TOTAL LANGUAGES OFFERED TOTAL
Albanian 4 Marathi 3
American Sign Language (ASL) 14 Mien 1
Amharic 30 Mongolian 6
Arabic 52 Navajo 2
Armenian 3 Nepalese 9
Bengali 4 Oriya 2
Burmese 9 Oromo 6
Cantonese 27 Pashto 22
Chin, Hakka 4 Patois 1
Czech 1 Polish 8
Dari 18 Portuguese 38
Dutch 10 Punjabi 17
Farsi 24 Romanian 5
French 42 Russian 48
Georgian 3 Serbian 1
German 10 Serer 1
Gujarati 7 Slovak 1
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Haitian Creole 76 Somali 11
Hindi 29 Spanish 957
Hmong 4 Swahili 11
Indonesian 5 Tagalog 13
Italian 12 Tajiki 1
Japanese 12 Tamil 5
Kannada 6 Telugu 5
Korean 16 Thai 9
Khmer 5 Tibetan 3
Kurdish 3 Tigrigna 7
Lao 7 Turkish 8
Lingala 2 Ukrainian 12
Malayalam 6 Urdu 25
Mam 3 Uzbek 4
Mandarin 85 Vietnamese 26
Mandinka 1 Wolof 4
Total: 66 Languages Total: 1806
linguists
Implementation Plan
We propose a meticulous implementation plan for a seamless transition, particularly beneficial for agencies new to this contract. The plan considers the diverse needs of participating agencies, fostering an inclusive approach. This implementation plan aims to blend continuity with innovation, ensuring a transition that not only maintains the lofty standards set in the past but also adapts to the evolving landscape of the City's language service requirements.
Timeline of Project Goals, Measurable Outcomes, and Benchmark Activities:
● Pre-Implementation Phase (Weeks 1-2):
○ Conduct a Comprehensive Review: Assess the current service landscape and identify areas for improvement.
○ Confirm Project Team: Reaffirm the roles of key personnel, emphasizing the retention of experienced staff.
○ Schedule Renewal Kickoff Meeting: Engage in a strategic discussion to align with evolving City expectations.
● Renewal Kickoff Meeting (Week 2):
○ Facilitate a renewal kickoff meeting to formally reintroduce the team, discuss lessons learned, and outline enhancements.
○ Reinforce the collaborative approach and gather insights for improvement. ● Communication and Feedback Loop (Weeks 3-4):
○ Strengthen the communication plan to address ongoing needs and feedback. ○ Collect feedback from City stakeholders on the current service delivery.
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● Training and Transition Refinement (Weeks 5-8):
○ Refine and conduct training sessions for Language Access Coordinators and Site Managers.
○ Enhance transition discussions with departments, incorporating lessons learned from the existing contract.
● Continuous Improvement Initiatives (Week 9 Onward):
○ Implement improvements based on feedback and identified areas for enhancement.
○ Maintain ongoing evaluation and feedback sessions to ensure sustained service excellence.
● Regular Collaboration (Throughout Renewal):
○ Maintain periodic meetings with the City to address evolving needs and ensure continuous improvement.
○ Leverage existing relationships to streamline communication and optimize services.
Key Personnel Assignments
● Account Manager:
○ Primary point of contact, leveraging existing relationships for smoother transition.
○ Focuses on continuous improvement initiatives and addressing evolving City needs.
● Project Managers:
○ Retain their roles in close collaboration with Language Access Coordinators and agency and department Managers.
○ Emphasize ongoing training and proactive engagement.
Milestones
● After 6 months, Accent recommends holding a mid-term meeting with the City to discuss progress, achievements, goals, and any other concerns of the City. We also recommend holding a contract closure meeting to evaluate the contract and provide improvement actions to the City for future use at its discretion.
Continuous Quality Commitment
● Accent will prepare a Quality Control Plan (QCP) to serve as framework for the entire contract. This QCP will be reviewed monthly and updated accordingly as new work is produced and delivered.
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● Accent can provide any other reports upon request (monthly billing, over the phone usage reporting, etc.)
Measurable outcomes
● Interpretation Services:
○ Fulfillment Rate: Achieve a 90% or higher completion rate for interpretation assignments.
○ Client Feedback Score: Maintain an average client satisfaction score of 4.5 out of 5 based on feedback.
● Translation Services:
○ Delivery Timeliness:
■ Early Deliveries: Aim for 10% of translation projects completed ahead of the deadline.
■ On-time Deliveries: Ensure 90% of translations are delivered on the agreed-upon schedule.
■ Late Deliveries: Strive for less than 5% of translations to be delivered after the deadline.
○ Translation Quality:
■ Accuracy: Maintain an accuracy rate of 98% or higher in translated content.
■ Consistency: Achieve a consistency rating of 95% or above for terminology and style.
■ Client Satisfaction: Maintain an average client satisfaction score of 4.5 out of 5 based on feedback.
● Overall Services:
○ Complaint Resolution Time: Resolve client complaints within 48 hours, aiming for a 90% resolution rate within this timeframe.
○ Customer Retention Rate: Achieve a customer retention rate of 90% or higher based on annual renewals.
○ Cost Efficiency: Maintain an average cost efficiency improvement of 5% annually through process optimization.
This Implementation Plan and Schedule reflect our commitment to proactive collaboration, ongoing and continuous improvement. We welcome the opportunity to discuss further and refine this plan based on the City's specific expectations and aspirations for the renewed contract.
Accent on Languages Response 24-022A 25
Volume I - SOQ
City Council 10 – 211 10/1/2024
f. References - Attachment B
Attachment B is included in the next page. This Attachment is also included in Volume III - Certifications.
Accent on Languages Response 24-022A 26
Volume I - SOQ
City Council 10 – 212 10/1/2024
Response to Request for Proposals No. 24-022A
“Translation and Interpretation Services”
City of Santa Ana
Volume II - Price Quote
Submitted by:
Accent on Languages, Inc.
Questions?
Please contact [email protected]
510-644-9470
3/21/2023
Accent on Languages Response 24-022A 28
Volume II - Price Quote
City Council 10 – 213 10/1/2024
TABLE OF CONTENTS
Price Proposal Form - Attachment A-2..................................................................................... 30 Terms of Service.................................................................................................................. 30 Schedule/pricing information for urgent requests made with less than 24-hours’ notice......... 34 Rush Fee for In-person Interpretation................................................................................ 34 Expedited Translation Delivery........................................................................................... 34 Telephonic Interpretation................................................................................................... 34 Accent on Languages Response 24-022A 29
Volume II - Price Quote
City Council 10 – 214 10/1/2024
Response to Request for Proposals No. 24-022A
“Translation and Interpretation Services”
City of Santa Ana
Volume III - Certifications (Attachments)
Submitted by:
Accent on Languages, Inc.
Questions?
Please contact [email protected]
510-644-9470
3/21/2023
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
City Council 10 – 215 10/1/2024
36 TABLE OF CONTENTS
Attachment A-1: Proposer’s Certification and Proposal Item Pricing 38 Attachment A-2: Pricing Proposal 39
Attachment B: References 42
Attachment C: Proposer’s Statement 43
Attachment D: Non-Collusion Affidavit (notarized) 44
Attachment E: Non-Lobbying Certification 46
Attachment F: Non-Discrimination Certification 47
Attachment G: Sam.gov UEI Verification 49
Attachment H: Certification Regarding Debarment, 50
Suspension, Ineligibility and Voluntary Exclusion
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
City Council 10 – 216 10/1/2024
37 CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A-1
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
38 Accent on Languages, Inc. 510-644-9470 / 844-308-9396 2718 Telegraph Avenue Suite 104 Berkeley CA 94705
Eduardo Puyol-Martinez Director
3/20/2024 [email protected]
04-3781767 N/A
N/A
City Council 10 – 217 10/1/2024
CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
42 Department of Homeland Security (DHS) Alisha R Massey-Williams (727) 325-0333
[email protected]
Office of Contracting, 124 Leroy Road
Williston VT 05495
$3,999,999 5/1/2023 - 5/1/2024
Over-the-Phone and Video Conferencing Interpreter Services, dedicated to supporting the Department of Homeland Security (DHS) United States Citizenship & Immigration Services (USCIS) Refugee, Asylum, and International Operations (RAIO) Directorate. Our on-demand services operate 24/7, catering to 12 DHS field offices for CFI, RFI, and Safe Third Country Screening Interviews across 40+ languages Alameda County Public Health Department Dellie Cartwright 1100 San Leandro Blvd, San Leandro, CA 94577 510-208-3932 [email protected]
$6,391,000 2021-2024, just renewed until 2029
Accent on Languages provides on-site, video and over the telephone interpreting services in spoken languages and American Sign Language, and written translation services including formatting and glossary development services.
Accent on Languages provides written translation and on-site interpreting services as well as American Sign Language, to support various departments and agencies within the City of Oakland, such as Public Works, Transportation, Office of the Mayor, Parks and Recreation, Health Department, including materials to be posted online in the City’s website.
2022-2025 $550,000
150 Frank Ogawa Plaza, Oakland CA 94612
City of Oakland May Tam
510-238-2368
[email protected]
City Council 10 – 218 10/1/2024
CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
43 Accent on Languages, Inc.
Eduardo Puyol-Martinez
Director
3/20/2024
Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ City Council 10 – 219 10/1/2024
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
44 City Council 10 – 220 10/1/2024
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
45 City Council 10 – 221 10/1/2024
CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
46 Eduardo Puyol-Martinez, Director
Accent on Languages, Inc.
3/20/2024
City Council 10 – 222 10/1/2024
CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
City Council 10 – 223 10/1/2024
47 CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
48 Eduardo Puyol-Martinez, Director
Accent on Languages, Inc.
3/20/2024
City Council 10 – 224 10/1/2024
CITY OF SANTA ANA
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.
Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.
They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status.
Proposer’s UEI:_______________________________________________ SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SAM.GOV UEI VERIFICATION
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
49 M3W2EQK9LHC1
12/11/2024
City Council 10 – 225 10/1/2024
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification)
1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and
d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Consultant
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
_______________________________________
Date
ATTACHMENT H
CERTIFICATE OF DEBARMENT
Accent on Languages Response 24-022A
Volume III - Certifications (Attachments)
50 Eduardo Puyol-Martinez, Director
3/20/2024
City Council 10 – 226 10/1/2024
EXHIBIT C
CONSULTANT’S FEE PROPOSAL
City Council 10 – 227 10/1/2024
ITEM DESCRIPTION/ SPECIFICATION
On-Site Consecutive
ASL American Sign Language (ASL)
On-Site Consecutive
1A Arabic (CA designated)
2A
Armenian
(Eastern and Western) (CA designated)
3A Bengali
4A Cantonese (CA designated)
5A Chinese (Traditional and Simplified)
6A Dari
7A Farsi
8A Hindi
9A Hmong
10A Indonesian
11A Japanese (CA designated)
12A Khmer (CA designated)
13A Korean (CA designated)
14A Loatian
15A Mandarin (Classic CA designated)
16A Mien
17A Nepali
18A Polish
19A Portuguese (CA designated)
20A Punjabi (CA designated)
21A Romanian
22A Russian (CA designated)
23A Serbian
24A Spanish (CA designated)
25A Tagalog (CA designated)
26A Turkish
27A Vietnamese (CA designated)
REQUEST FOR CLARIFICATION
PRICING PROPOSAL
Contractor shall base all costs on an “Hourly Rate” schedule for work performed in accordance with the Scope of Services (Attachment I) of this RFP.
The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto; and in conformity with the terms and conditions, hereby proposes to the City of Santa Ana the following:
INTERPRETATION SERVICES
AMERICAN SIGN LANGUAGE
$ 135.00
$ 120.00
$ 155.00
$ 135.00
$ 135.00
$ 155.00
$ 135.00
$ 115.00
$ 135.00
$ 135.00
$ 135.00
$ 115.00
$ 115.00
$ 115.00
$ 135.00
$ 135.00
UNIT COST (PER HOUR)
$165
$ 135.00
$ 135.00
$ 145.00
$ 135.00
$ 135.00
$ 135.00
$ 120.00
$ 120.00
$ 135.00
$ 135.00
$ 135.00
EXHIBIT I
City Council 10 – 228 10/1/2024
ASL
Remote Simultaneous Over the Phone Interpretation (Per Minute) Video-Remote Interpretation (Per Minute) 1A
2A
3A
4A
5A
6A
7A
8A
9A
10A
11A
12A
13A
14A
15A
16A
17A
18A
19A
20A
21A
22A
23A
24A
25A
26A
27A
Video-Remote Interpretation (Per minute)
$ 145.00
$ 145.00
$ 155.00
$ 125.00
$ 125.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 125.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 145.00
$ 120.00
$ 120.00
$ 1.55
$ 1.55
$ 1.25
$ 1.25
$ 1.25
$ 1.55
$ 1.25
$ 1.25
$ 1.55
$ 1.55
$ 1.55
$ 1.55
$ 120.00
$ 160.00
$ 160.00
$ 145.00
$ 120.00
$2.99
$ 2.99
$ 2.99
$ 2.99
$ 1.25
$ 1.55
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 1.25
$ 1.55
$ 1.55
$ 1.25
$ 1.25
$ 1.25
$ 1.25
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 2.99
$ 1.55
$ 1.25
$ 1.55
$ 1.05
$ 1.25
$ 1.55
City Council 10 – 229 10/1/2024
ITEM DESCRIPTION/ SPECIFICATION
REQUEST FOR CLARIFICATION
PRICING PROPOSAL
Contractor shall base all costs on an “Hourly Rate” schedule for work performed in accordance with the Scope of Services (Attachment I) of this RFP.
The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto; and in conformity with the terms and conditions, hereby proposes to the City of Santa Ana the following:
AMERICAN SIGN LANGUAGE
UNIT COST (PER HOUR)
1B Arabic (CA designated)
2B Armenian (Eastern and Western) (CA designated)
3B Bengali
4B Cantonese (CA designated)
5B Chinese (Traditional and Simplified)
6B Dari
7B Farsi
8B Hindi
9B Hmong
10B Indonesian
11B Japanese (CA designated)
12B Khmer (CA designated)
13B Korean (CA designated)
14B Loatian
16B Mien
17B Nepali
18B Polish
19B Portuguese (CA designated)
20B Punjabi (CA designated)
21B Romanian
22B Russian (CA designated)
23B Serbian
24B Spanish (CA designated)
25B Tagalog (CA designated)
26B Turkish
27B Vietnamese (CA designated)
ASL
American Sign Language
(enter min. number of hours x rate per hour)
INT
Interpretation Services
(enter min. number of hours x rate per hour)
TRSL
Translation Services
(enter min. number of words x price per word)
WRITTEN TRANSLATION UNIT COST (PER WORD)
MINIMUM WORK REQUIREMENTS PER JOB
(if applicable)
$ 0.18
$ 0.18
$ 0.18
$ 0.19
$ 0.18
$ 0.14
$ 0.19
$ 0.18
$ 0.19
$ 0.18
$ 0.18
$230
$50
GRAND TOTAL 3,739.61 $
(SUM OF ALL LINES ABOVE; ASL, 1A-27A & 1B-27B )
$ 0.18
$ 0.19
$ 0.18
MIN. NO. OF HOURS/WORDS (IF ANY)
$330
$ 0.19
$ 0.18
$ 0.17
$ 0.18
$ 0.12
$ 0.19
$ 0.20
$ 0.19
$ 0.19
$ 0.15
$ 0.15
$ 0.18
City Council 10 – 230 10/1/2024
ITEM DESCRIPTION/ SPECIFICATION
REQUEST FOR CLARIFICATION
PRICING PROPOSAL
Contractor shall base all costs on an “Hourly Rate” schedule for work performed in accordance with the Scope of Services (Attachment I) of this RFP.
The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto; and in conformity with the terms and conditions, hereby proposes to the City of Santa Ana the following:
AMERICAN SIGN LANGUAGE
UNIT COST (PER HOUR)
RATE PER
HOUR/WORD
MIN. NO. OF
HOURS -
WORDS
TOTAL
UNIT
COST
ASL (enter min. number of hours x rate per hour) $165 X 2 $330 $165 X 2 $330
PROPOSER RESPONSE PREPARED AND ACKNOWLEDGED BY:
PRINT NAME
NOTE: Submission of this Proposal will be taken as conclusive evidence that the Contractor has made a careful examination of the Scope of Services and Attachments.
Signature page on next page
CLOSED-CAPTIONED SERVICES
(Optional Services)
Accent on Languages, Inc.
COMPANY NAME
Eduardo Puyol-Martinez Director
TITLE
6/25/2024
SIGNATURE DATE
Any language listed herein, standard rate
City Council 10 – 231 10/1/2024
Price Proposal Form - Attachment A-2
Attachment A-2 included in the next page. This attachment is also included in the Volume III - Certifications (Attachments).
Terms of Service
Services should be scheduled with at least 48 hours’ notice. Cancellation that is not placed and acknowledged by Accent on Languages at least two (2) business days before the date of the booking will be charged for the full scheduled time. Rates are per hour and per interpreter. All interpreting services have a two (2) hour minimum charge, except video remote services with a scheduled start time prior to 5 PM (one (1) hour minimum). Mileage if applicable will be billed at federal rate. (*) Interpretation services over one (1) hour long will require a team of at least two (2) interpreters. Simultaneous services (video or face to face) may require a team of at least two (2) interpreters for appointments over 30 minutes.
Accent on Languages Response 24-022A 30
Volume II - Price Quote
City Council 10 – 232 10/1/2024
Schedule/pricing information for urgent requests made with less than 24-hours’ notice Rush Fee for In-person Interpretation
An additional 15% will be charged on service requests within 24 hours (same-day requests).
Expedited Translation Delivery
RUSH RATE TIERS <500 WORDS 500-1000 WORDS
Rush Rate 1: 2 Hours Turnaround 25% 35%
Rush Rate 2: 5 Hours Turnaround 20% 30%
Rush Rate 3: 24 Hours Turnaround Flat rate at 15% (Up to 4000 words) Rush Rate 4: 48 Hours Turnaround Flat rate at 10% (Up to 6000 words) Telephonic Interpretation
AD-HOC RATE
All Languages $1.75/minute (No minimums)
PRESCHEDULED RATE
Spanish $90 (Minimum 1 hour, 15 min. increments)
Spanish (Legal) $94 (Minimum 2 hours, 15 min. increments) Other Languages $90 (Minimum 1 hour)
ASL (Video Remote) $130 (Minimum 2 hours)
Accent on Languages Response 24-022A 34
Volume II - Price Quote
City Council 10 – 233 10/1/2024
City Council 10 – 234 10/1/2024
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER: $
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
9/9/2024
(703) 547-5771 (703) 563-1510
Accent on Languages, Inc
2718 Telegraph Avenue, Suite 104
Berkeley, CA 94705
A Professional Liab ATA-001562-0923 9/22/2023 Each Claim 5,000,000 A Professional Liab ATA-001562-0923 9/22/2023 9/22/2024 Aggregate 5,000,000 See attachment for coverage.
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana
Santa Ana, CA 92701
ACCEONL-02 RGREEN
Alliant Insurance Services, Inc.
4530 Walney Rd Ste 200 Chantilly, VA 20151-2285
Renee Green
[email protected]
Lloyd's Syndicate 609 (Atrium Underwriters Limited)
9/22/2024
AA1126609
City Council 10 – 235 10/1/2024
ADDITIONAL INSURED ENDORSEMENT
Policy Period: 22 September 2023 to 22 September 2024 at 12:01 a.m. standard time Insured: Accent on Languages, Inc
Effective Date: 17 July 2024 at 12:01 a.m. standard time Policy Number: ATA-001562-0923
following:
City of Santa Ana Retro: 17 July 2024
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92701
And their respective affiliates and all of their respective directors, officers, and employees as added as an additional insured(s), but only as respects the operations of the Named Insured and subject to the terms, conditions, limits, and exclusions of the policy of insurance.
The coverage provided hereunder to the above-named Additional Insured shall be primary and noncontributory to any insurance or self-insurance maintained by the Additional Insured to include primary and non-contributory.
Sexual abuse and molestation is excluded.
All other terms and conditions remain unchanged.
Authorized Representative: ______________________________ Date: _________________ Countersignature: _____________________________________ Barry Peters 7/24/2024
City Council 10 – 236 10/1/2024
City Council 10 – 237 10/1/2024
City Council 10 – 238 10/1/2024
City Council 10 – 239 10/1/2024
City Council 10 – 240 10/1/2024
City Council 10 – 241 10/1/2024
City Council 10 – 242 10/1/2024
City Council 10 – 243 10/1/2024
City Council 10 – 244 10/1/2024
City Council 10 – 245 10/1/2024
City Council 10 – 246 10/1/2024
City Council 10 – 247 10/1/2024
ADDITIONAL INSURED ENDORSEMENT
Policy Period: 22 September 2023 to 22 September 2024 at 12:01 a.m. standard time Insured: Accent on Languages, Inc
Effective Date: 17 July 2024 at 12:01 a.m. standard time Policy Number: ATA-001562-0923
following:
City of Santa Ana Retro: 17 July 2024
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92701
And their respective affiliates and all of their respective directors, officers, and employees as added as an additional insured(s), but only as respects the operations of the Named Insured and subject to the terms, conditions, limits, and exclusions of the policy of insurance.
The coverage provided hereunder to the above-named Additional Insured shall be primary and noncontributory to any insurance or self-insurance maintained by the Additional Insured to include primary and non-contributory.
Sexual abuse and molestation is excluded.
All other terms and conditions remain unchanged.
Authorized Representative: ______________________________ Date: _________________ Countersignature: _____________________________________ Barry Peters 7/24/2024
City Council 10 – 248 10/1/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Contract Staffing Support for the Rent Stabilization and Just Cause Eviction Program
AGENDA TITLE
Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a two-year term, with provisions for up to two, one-year extensions, in a total amount not to exceed $800,000 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The City began using RSG to augment City staffing for the Rent Stabilization Program since its implementation on October 28, 2021. The City has extended their services three times, per the following Table.
Date Consultant Name Term Amount
October 28, 2021 RSG, Inc. Original Agreement $ 300,000 September 6, 2022 RSG, Inc. First Amendment $ 500,000
November 7, 2023 RSG, Inc. Second Amendment $ 500,000
Total: $1,300,000
Staff desires to continue their services to provide consistent staffing for a hybrid model that the City has been operating under to help bridge services in the administration of the Rent Stabilization Program.
Staff recommends that the City Council approve a two-year agreement with RSG, with an option for the City to extend the agreement for up to two additional one-year terms.
The current agreement terminated on September 6, 2024, and the new service agreement, effective October 1, 2024, will have a total not-to-exceed amount of City Council 11 – 1 10/1/2024
Contract Staffing Support for the Rent Stabilization and Just Cause Eviction Program October 1, 2024
$800,000, inclusive of retroactive payments for services rendered since September 7, 2024 (as detailed in Exhibit 1).
Under this agreement, RSG will continue to assist the City administer the Ordinance by providing the following services:
• Provide temporary staffing to respond to public inquiries. • Support staff with the Rental Registry and property exemptions. • Review and process Fair Return Petitions, Capital Improvement Petitions, and written evaluations.
• Support City staff with review and process of Tenant Petitions. • Provide support with Petition Hearings.
• Assist the City Clerk and staff with the formation of the Rental Housing Board, including Board member trainings, orientations, and materials. • Provide new and temporary staff training, including training materials. • Refer tenant legal matters and interpretation questions to community legal aid organizations, as needed.
• Conduct research on best practices and surveys.
• Provide advisory services.
FISCAL IMPACT
Funds are budgeted and available in the following account for the current fiscal year and will be budgeted in future fiscal years:
Fiscal
Year
Accounting
Unit-Account
Fund
Description
Accounting Unit,
Account Description Amount
FY 24-25 18518700-
62300
Rent
Stabilization
Rent Stabilization,
Contract Services -
Professional
400,000
FY 25-26 18518700-
62300
Rent
Stabilization
Rent Stabilization,
Contract Services -
Professional
400,000
Total Expenditures $800,000
EXHIBIT(S)
1. Agreement with RSG, Inc.
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager
City Council 11 – 2 10/1/2024
AGREEMENT TO IMPLEMENT THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE BETWEEN RSG, INC. AND
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 1st day ofOctober 2024 by and between RSG, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws ofthe State ofCalifornia ("City").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of facilitating the administration and implementation of the City's Rent Stabilization and Just Cause Eviction Ordinance, provide training to the Rent Stabilization Division, and assist with community outreach and engagement.
B. City previously entered into Agreement #A-2021-192-01 with Consultant for said services.
City desires to re-engage Consultant and City staff confirmed that said engagement is consistent with City purchasing policies. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services and Fee Schedule - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Scope of Services and Fee Schedule - Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $800,000. City shall recognize and compensate Consultant for services rendered from September 7, 2024 through the effective date of the Agreement, detailed above. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made
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City Council 11 – 3 10/1/2024
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a two (2) year term, with the option for the City to grant up to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which
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EXHIBIT 1
City Council 11 – 4 10/1/2024
may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
l. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering, Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers' Compensation: insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease.
Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions -The above required insurance policies are to contain, or be endorsed to contain, the following provisions:
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1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
EXHIBIT 1
City Council 11 – 5 10/1/2024
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Community Development Agency, Executive Director, 20 Civic Center Plaza M-25, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
c. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. d. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
e. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements ( or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. 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.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
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EXHIBIT 1
City Council 11 – 6 10/1/2024
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/ or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; ( c) is in rightful possession of the Consultant
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EXHIBIT 1
City Council 11 – 7 10/1/2024
without an obligation of confidentiality; ( d) is required to be disclosed by operation of law; or ( e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
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City Council 11 – 8 10/1/2024
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
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EXHIBIT 1
City Council 11 – 9 10/1/2024
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6956
To Consultant:
Attn: Tara E. Matthews
Principal
RSG, Inc.
170 Eucalyptus Avenue, Suite 200
Vista, CA, 92084
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
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EXHIBIT 1
City Council 11 – 10 10/1/2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIAR. CARVALHO
City Attorney
CITY OF SANTA ANA
Alvaro Nunez
City Manager
CONSULTANT:
By:!jucluc. ()JJ �4_� -1tJL,
Andrea
Assistant
Garcia-Miller
City Attorney
�QJ-0 � {D�
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
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Name:\ (Af� (v'\�+'-he�s
Title: �th'\C., f "'\
EXHIBIT 1
City Council 11 – 11 10/1/2024
EXHIBIT A
SCOPE OF SERVICES AND FEE SCHEDULE
EXHIBIT 1
City Council 11 – 12 10/1/2024
� /R\ R §,� COMMUNITIES.
BOLDER FUTURES,
May 22, 2024
Maricela Marquez, Rent Stabilization Division Manager
City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
Santa Ana, CA 92701
Via Email
PROPOSAL-ADMINISTER THE CITY'S RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES AND
PROVIDE TRAINING, SUPPORT, AND GENERAL CONSULTING SERVICES RSG, Inc. welcomes the opportunity to provide the City of Santa Ana ("City") with services related to the City's Rent Stabilization and Just Cause Eviction Ordinance ("Ordinance"). It is our understanding that the City is seeking a consultant to provide administrative services for the City's Just Cause Eviction and Rent Stabilization Ordinance. In the next year, the City will be hiring additional program staff to staff the new Rent Stabilization Division and we understand that RSG will help with training, implementation of the Ordinance, Rental Review Board training, rental registration, and community outreach and engagement. The following details the scope of services RSG will provide, the project team, and the fee schedule.
SCOPE OF SERVICES
RSG will perform the following Scope of Services:
Implementation
RSG is available to assist the City in the continued launch of the City's Ordinance, and to respond to public inquiries as needed. It should be noted that RSG only has Spanish speakers on staff and would need to work with the City to identify other translation services needed. We would work closely with the contacts that the City already has.
• Content Creation - RSG can prepare ongoing program information for property owners and tenants, including:
• maximum allowable rent increase, and
• letters to rental property owners.
• Workshops/Webinars - RSG can conduct up to two (2) workshops per month after the introduction of any new provision to the ordinances. These workshops will be in-person and online in the form of a webinar. They will be recorded and made available on the City website for future reference. The workshops can be tailored to specific groups such as non-profits and tenants' organizations that may assist renters with the Ordinance, and property owners and property managers. RSG will work with the City to provide translation for these workshop/webinars in Spanish and Vietnamese. • Written Notices to Tenants and Landlords/Owners - RSG can work with the City Attorney to prepare and update required notices as identified in the Ordinance.
Ongoing Administration
RSG is available to administer the City's Ordinance on an ongoing basis, and continue to respond to public inquiries as needed, including:
SAN DIEGO • LOS ANGELES • OAKLAND
170 Eucalyptus Ave., Suite 200, Vista, CA 92084 I 714.541.4585 I rsgsolutions.com EXHIBIT 1
City Council 11 – 13 10/1/2024
• CPI Rent Increase Calculations- RSG will prepare and distribute allowable rent increase amounts to affected property owners pursuant to the procedures detailed in the RSO. CPI calculations determine the allowable percentage a property owner/landlord is allowed to increase a tenant's rent by. The RSO states that this shall be the lesser of 3% per annum or 80% of the change in CPI. • Fair Return Petition Review - If a property owner/landlord believes the annual RSO rent increase does not allow for a sufficient fair return on investment, they may file a petition for a fair return increase that may allow for an adjustment above the 3% or CPI calculation. This process requires reviewing income and expense information and performing a maintenance of net operating income analysis.
• Petition Review - Based on the need for the City, RSG is available to review or provide support to City staff as needed for reviewing the Petition to ensure that it is complete and adheres with the RSO requirements, that all claimed expenses are eligible operating expenses, and that property revenues are verified. Petition Review also includes preparing correspondence to the applicant informing them if their Petition has been deemed complete or insufficient. If the Petition is incomplete, RSG will support City staff as needed with informing the applicant of any deficiencies with sufficient detail and provide them an opportunity to submit additional information. RSG anticipates that the City will be responsible for all mailings.
• Net Operating Income ("NOi") Analysis - RSG will support City staff as needed with using a Maintenance of Net Operating Income ("MNOI") methodology for determining fair and reasonable rent. The MNOI method is a recognized and accepted practice used in other jurisdictions for evaluating fair return increases under rent stabilization. RSG will support City staff with calculating a base year NOi for a property prior to adoption of the RSO, using actual historical revenue and expenses for that property, collected through the Petition process. City staff will provide the analysis to the City for review so the City Manager or designee can decide on the allowable rent increase amount. RSG will also support City staff with evaluating all the other factors that may be considered by the City Manager as part of the rent increase as detailed in the RSO Section 8-1998.3(c). • Written Evaluation - Based on the need for the City, City staff or RSG will prepare a written evaluation of the materials submitted by the applicant and residents. The written evaluation will include a description of the various rent increase factors and the proposed allowable rents under each method.
• Capital Improvement Petition - Based on the need for the City, RSG is available or will provide support to City staff as needed for ensuring that all capital improvements meet the definitions detailed in the Ordinance. Determination of allowable capital improvement increases are based on amortization schedules and any relevant factors affecting amortization, such as the quality of the improvement and external factors that affect its longevity. The calculation of the allowable rent increase is based on the total improvement costs plus interest divided by amortization period (number of years) and then divided by 12 to reflect the monthly payment. • Petition Review - RSG will support City staff as needed with reviewing the Application to ensure that it is complete and adheres to the Ordinance requirements. City staff or RSG will also confirm that all claimed expenses are eligible capital expenses. Review also includes preparing correspondence to the applicant informing them if their petition has been deemed complete or insufficient. If the Application is incomplete, RSG will support City staff as needed with informing the applicant of any deficiencies with sufficient detail and provide them an opportunity to submit additional information. RSG anticipates that the City will be responsible for all mailings.
EXHIBIT 1
City Council 11 – 14 10/1/2024
• Written Evaluation - Based on the need for the City, City staff or RSG will prepare a written evaluation of the materials submitted by the applicant and residents. The written evaluation will include a description of the capital improvements and the proposed pass-through amount. The purpose of the written evaluation is to assist the Hearing Officer or the Rental Review Board in coming to a determination.
• Tenant Petition - A tenant may file a petition with the City if they believe the property owner/landlord is in violation of the Ordinance.
• Review- Based on the need for the City, RSG is available to review or provide support to City staff as needed for reviewing the Petition for completeness and correspond with tenant as to whether it is accepted and the time of the hearing. • Coordination - RSG will coordinate with City staff and the Hearing Officer on any petition items.
• Petition Hearings - RSG will be available to attend any Hearings to answer any questions that the public, Hearing Officers, or Rental Review Board may have on our portion of the analysis. This includes time for hearing preparation and any required briefings by legal counsel prior to the Hearing(s). We understand that there is the possibility of more than one Hearing. • Tenant Complaints - RSG will provide information to tenants regarding the provisions of the Ordinance but will not be expected to assist the tenant any further regarding complaints or enforcement. Rather, tenants will be directed to contact an attorney that can file a civil suit if warranted.
• Staff Training- RSG understands that all or a portion of the services will be on an interim basis until such time as City staff, the Rental Housing Board, or another designated party, is ready to assume responsibility for implementation. RSG is available to prepare training materials and support as needed for use for program implementation.
Advisory Services
RSG understands that the City may from time to time like to continue to evaluate potential improvements to the Ordinance. RSG is available to conduct necessary research as directed, including but not limited to best practices and procedures of rent stabilization and just cause eviction ordinances in other communities. RSG can attend and participate in City Council and Staff meetings, as requested. We are also available to conduct surveys or other forms of community outreach as needed.
RSG will be available to provide analysis, expert testimony, or other support to the City regarding any legal challenges to the Ordinance.
PROJECT TEAM
Tara Matthews will serve as the Managing Principal providing oversight for all aspects for the engagement and will be the primary consultant. She will be assisted by, Cindy Blot, Senior Associate, Sara Court, Associate, Jill Glickman, Analyst, and Brice Wildemuth, Analyst, who all have previous experience with rent stabilization ordinances. Other RSG staff may be assigned as needed. Resumes of staff are available at www.rsgsolutions.com or can be provided upon request.
REFERENCES
Mobilehome Park Fair Return Rent Adjustment Petition Administrative Services - City of El Monte EXHIBIT 1
City Council 11 – 15 10/1/2024
Contact: Alma Martinez, City Manager
11227 Valley Boulevard, Suite 200
El Monte, CA 91731
626.580.2001 / [email protected]
RSG assists the City of El Monte with administration of the City's Mobile home Park Rent Stabilization Program by providing services as it pertains to the El Ravia Trailer Village, LLC Rent Increase Petition Review and MNOI Analysis. The scope of services includes the following:
• Petition Review - RSG reviews the Petition to ensure that it is complete and adheres with the Program guidelines and that all claimed expenses are eligible Program operating expenses.
Additionally, RSG verifies park revenues. Petition Review also includes preparing correspondence to the Park Owner informing them if their Petition has been accepted or rejected. Should a petition be rejected, RSG will detail the reason for the rejection to inform the Park Owner of any deficiencies. • Maintenance of Net Operating Income ("MNOI") Analysis - RSG calculates the MNOI and the proposed MNOI Entitlement pursuant to Section 8. 70.080 of the Municipal Code. • Public Hearing - RSG attends public hearings as needed to answer any questions that the public or Hearing Officers may have on our portion of the analysis. • Settlement Agreement Analysis - RSG evaluates the rent differences between the terms proposed in the Settlement Agreement versus the MNOI Analysis as needed.
Mobilehome Park Rent Control Program Administration - City of Carson Contact: Saied Naaseh, Director of Community Development 701 E. Carson Street
Carson, CA 90745
310.952.1770 / [email protected]
Since 2017, RSG principal Tara Matthews has served as the City of Carson's Interim Housing Program Manager.
In this role, she administers the City's mobilehome park rent control program. The scope of services includes the following:
• Rent Increase Application Review and Processing - RSG reviews all applications submitted by park owners seeking either a capital improvement or a fair return rent increase. RSG ensures that each application is complete and adheres to the Program guidelines. This review includes closely evaluating each of the expenses submitted by the park owner to ensure that each reported expense is reasonable, accurate, and sufficiently documented. RSG's work includes frequent communication with park owners and residents, as well as collaboration with the City's legal counsel. • Resident Noticing - Once an application is deemed complete, RSG prepares required noticing for the park residents and is available to answer any questions that the park residents may have. RSG is available for on-site visits as needed to allow park residents an opportunity to review the application and ask in-person questions.
• Park Inspections -The processing of each application requires an inspection of the mobilehome park which entails visually inspecting the condition of the park (Fair Return) or verifying the completion and quality of improvements to the park (Capital Improvement). The findings of the inspection are included in the staff report present to the Mobilehome Rental Review Board ("Board"). One of the City's contract inspectors accompanies RSG at these inspections to provide expertise on the park conditions and improvements.
• Public Hearing - RSG prepares the public hearing notices mailed to park residents. RSG also prepares the staff reports presented to the Board for consideration at the public hearings. Each staff report includes all material facts related to the application and outlines various rent increase options for the Board to consider. RSG attends all public hearings to present information to the Board and answer any questions posed by the Board.
• Staff Training - RSG created a manual and templates for staff to administer the annual CPI EXHIBIT 1
City Council 11 – 16 10/1/2024
calculations.
• Point of Contact - RSG responds to general inquiries from park owners, park residents, and the general public regarding the City's mobilehome park rent control program.
Rent Stabilization Program Strategic Plan - City of San Jose Contact: Rachel Vanderveen, Deputy Director
200 E. Santa Clara Street, 14th Floor
San Jose, CA 95113
408.535.8231 / [email protected]
In 2022, San Jose embarked on a process to evaluate their current Rent Stabilization Program which includes a 1) Tenant Protection Ordinance, 2) Apartment Rent Ordinance, 3) Ellis Act Ordinance, 4) Mobilehome Rental Ordinance, and 5) Housing Payment Equality Ordinance. RSG is currently preparing a data driven 3-year Strategic Plan that sets goals, identifies metrics, and clearly demonstrates whether the Rent Stabilization Program is meeting the intended purpose. The Strategic Plan will be used to report out on Program effectiveness and to make policy recommendations.
Review of Mobilehome Rent Review Application - City of Escondido Contact: Holly Nelson, Housing & Neighborhood Services Manager 201 N. Broadway
Escondido, CA 92025
760.839.6203 / [email protected]
RSG was hired by the City of Escondido in 2022 to assist with the review of a Mobilehome Rent Review Application submitted by the Eastwood Meadows Mobilehome Park. The scope includes reviewing written submissions provided by the park owner and park residents and preparing a report for the rental review board to inform their decision to grant a rent increase. Escondido considered three different types of rent increases that RSG evaluated: Maintenance of Net Operating Income (MNOI), Gross Profits Maintenance Analysis (GPM), and changes in Consumer Price Index (CPI).
Mobilehome Park Rent Control Review - City of Palmdale
Contact: Sophia Reyes, Housing Manager
38300 Sierra Highway
Palmdale, CA 93550
661.267.5100 / [email protected]
In 2022, RSG was hired by the City of Palmdale to review 2021 mobilehome registration documentation submitted by park owners, review rent rolls and related documents, prepare a letter detailing any instances in which the park owner charged excessive rent (if applicable), and prepare a letter approving the implementation of a 2022 Permissive Rent Increase under the City's ordinance. RSG also reviewed the City's mobilehome ordinance, policies, and program documents to create a checklist of the annual registration documentation required.
FEE ESTIMATE
Our services for this engagement would be charged on a time-and-materials basis. RSG proposes the below hourly rate schedule for these services.
Principal/ Director
Senior Associate
$ 275
$ 200
EXHIBIT 1
City Council 11 – 17 10/1/2024
Associate
Senior Analyst
Analyst
Research Assistant
Technician
Clerical
Reimbursable Expenses
$185
$150
$135
$125
$100
$ 60
Cost plus 10%
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate.
We appreciate the opportunity to provide these services to the City and should you have any questions, please contact Tara Matthews at 714.316.2111 or [email protected].
Thank you,
iw.o.t. �crl1.�
Tara E. Matthews
RSG, Inc.
EXHIBIT 1
City Council 11 – 18 10/1/2024
�RD® CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DDNYYY)
08/13/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Erica Hornaday NAME:
The Empire Company PHONE
IA/C No Extl: I rffc. Nol:
550 North Park Center Drive E-MAIL [email protected] ADDRESS:
Suite 205 INSURER($) AFFORDING COVERAGE NAIC#
Santa Ana CA 92705 INSURER A: Sentinel Insurance Company, LTD 11000 INSURED INSURERS: Trumbull Insurance Company 27120
RSG, Inc. INSURER C: Navigators Specialty Insurance Company 36056 170 Eucalyptus Avenue INSURER D:
Suite 200 INSURER E:
Vista CA 92084 INSURERF:
COVERAGES CERTIFICATE NUMBER: 24/25 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP
LTR LIMITS INSD WVD POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ - 1,000,000 D CLAIMS-MADE [8] OCCUR
Ut\lVlt\'-'C: IUrs.r::i.1r::u - 1,000,000 PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 10,000
A y y 72SBAAQ7019 01/01/2024 01/01/2025 PERSONAL & ADV INJURY $ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ � POLICY □ j:g: □ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person) $
A - OWNED - SCHEDULED 72SBAAQ7019 01/01/2024 01/01/2025 AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ 25 HIRED 2$ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident) $
UMBRELLA LIAB � OCCUR EACH OCCURRENCE $ 2,000,000
A EXCESSLIAB 72SBAAQ7019 01/01/2024 01/01/2025 2,000,000 CLAIMS-MADE AGGREGATE $ DED I XI RETENTION$ 10•000 $
WORKERS COMPENSATION XI �ffTuTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N
B ANY PROPRIETOR/PARTNER/EXECUTIVE 0 y 72WECVK8727 01/01/2024 01/01/2025 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ AGGREGATE LIMIT 4,000,000
Errors & Omissions
C Claims Made CH24MPLX00580NC 01/01/2024 01/01/2025 EACH CLAIM 2,000,000 DEDUCTIBLE 10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RFQ No. 21-107 Affordable Housing Financial, Analytical And Advisory Services - Evidence of Renewal of Insurance applies to agreement dated 9/6/2024.
City of Santa Ana, its officers, officials, employees, and volunteers are named as additional insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and non-contributory under the General Liability, where required by written contract, per form (SS 00 0 8 04 05) and (SS 00 08 04 05). General Liability is Primary and Non-Contributory per form (SS 00 08 04 05). General Liability and Worker's Compensation Waiver of Subrogation per forms (SS 00 08 04 05) and (WC 04 03 06).
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Risk Management Division
20 Civic Center Plaza
(M-28)
Santa Ana CA 92702
I
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE �,YMAA-- I I,,..,
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ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Rh�k Management Division
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EXHIBIT 1
City Council 11 – 19 10/1/2024
Human Resources Department
www.santa-ana.org/human-resources
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Classification and Compensation Study Services
AGENDA TITLE
Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24-081) (General Fund and Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A-2024- XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The purpose of the study is to review the City’s compensation of employees as it relates to the City’s comparative labor market as well as determining appropriate benchmark classifications for future studies. There have been a significant number of requests for classification review, as well as difficulty in recruiting for some positions due to low wages. The results of the study will assist the City in making decisions that affect recruitment, retention, operational efficiency, and labor relations.
The Human Resources Department worked with representatives from each affected union (CASA, SAMA, and SEIU) to select a qualified vendor to conduct a citywide compensation study. While only the SEIU MOU includes a provision for conducting a study, the classifications for other bargaining groups who also have not had a study done in recent years will be included.
Request for Proposals (RFP) No. 24-081 was issued on June 13, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
721 Vendors notified
0 Santa Ana vendors notified
24 Vendors downloaded the RFP packet
City Council 12 – 1 10/1/2024
Classification and Compensation Study Services
October 1, 2024
8 Proposals received
0 Proposals received from Santa Ana vendors
Proposals were solicited, opened on July 11, 2024, and evaluated. Eight proposals were submitted by the RFP deadline and seven proposals were determined to be responsive to the specifications and met the City’s requirements. The proposal submitted by Transformance Consulting was deemed non-responsive as they did not submit all required documents by the RFP, and did not meet RFP specifications.
An evaluation committee made up of representatives from the affected bargaining groups (CASA, SAMA, and SEIU) reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the responding firms and their rankings:
Firm Location Rank
Evergreen Solutions, LLC Tallahassee, FL 1
MGT of America Consulting, LLC Tallahassee, FL 2
Public Sector Personnel Consultants, Inc. Los Angeles, CA 3 CBIZ Compensation Consulting St. Louis, MO 4
Segal Washington, D.C. 5
Koff & Associates Berkeley, CA 6
Class and Comp HR Consulting Yorba Linda, CA 7
In accordance with the RFP criteria, the evaluation committee evaluated proposals and determined that Evergreen Solutions, LLC best met the City’s specifications, demonstrated vast experience working with similar-sized California public agencies, and offered the most competitive pricing among the firms capable of delivering the required level of service. Therefore, staff recommends awarding agreements with Evergreen Solutions, LLC. (Exhibit 1).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the current FY 2024-2025 budget in the following account:
Accounting UnitAccount NumberFund Description Accounting Unit – Accounting Description
Amount
01109051 – 62300 HR Employee
Relations Service
Enhancement
Contract Services -
Professional
$128,500
City Council 12 – 2 10/1/2024
Classification and Compensation Study Services
October 1, 2024
EXHIBIT(S)
1. Consultant Agreement Between Evergreen Solutions LLC and City of Santa Ana Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager
City Council 12 – 3 10/1/2024
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CONSULTANT AGREEMENT BETWEEN EVERGREEN SOLUTIONS LLC. AND
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and between Evergreen Solutions, LLC., a Florida limited liability company (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of conducting classification and compensation studies and released Request for Proposal (“RFP”) 24-081 to invite proposals from qualified companies.
B. All proposals submitted in response to RFP 24-081 were evaluated and Consultant was selected to be awarded this Agreement.
C. Consultant represents that it is able and willing to provide such services to the City.
D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the payment plan indicated below:
Percentage of total cost Completion of Specified Tasks
15% = $19,275 Task 1-2
30% = $38,550 Tasks 3-4
40% = $51,400 Tasks 5-8
15% = $19,275 Tasks 9-10
Total = $128,500
City Council 12 – 4 10/1/2024
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b. The total amount to be expended during the term of this Agreement shall not exceed one hundred and twenty eight thousand five hundred dollars ($128,500.00). The amount includes all travel costs (meals and lodging), transportation, fringe benefits, indirect costs, clerical support, and all other out-of-pocket costs. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term ending September 30, 2025, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
City Council 12 – 5 10/1/2024
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Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
A. MINIMUM SCOPE AND LIMIT OF INSURANCE
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2) Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4) Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
B. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
C. Other Insurance Provisions- the above required insurance policies are to contain or be endorsed to contain the following provisions:
1) City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional City Council 12 – 6 10/1/2024
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Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2) Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3) For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4) A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5) Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6) Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Human Resources Agency, 20 Civic Center Plaza M-24, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
D. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
E. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
F. Verification of Coverage- Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
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G. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
H. 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.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’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 Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to City Council 12 – 8 10/1/2024
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examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in City Council 12 – 9 10/1/2024
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addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
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18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Human Resources
Agency
City of Santa Ana
20 Civic Center Plaza (M-24)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been Jeffrey Ling, PhD
President
Evergreen Solutions LLC.
2528 Barrington Circle, Unit 201
Tallahassee, Florida 32308
Fax: 850-383-1511
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EXHIBIT A
SCOPE OF SERVICES
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4. Proposed Work Plan
In this section, we provide you with our approach and methodology for providing Classification and Compensation Study Services to the City of Santa Ana; a detailed work plan─ identifying the tasks, activities, and milestones necessary to accomplish the deliverables listed in the scope of services of the Request for Proposals (RFP); and a proposed timeline.
4.1 Approach and Methodology
Evergreen Solutions is uniquely qualified to provide Classification and Compensation Study Services to the City of Santa Ana as our team includes recognized experts in local government human resources management and understands that there is not a “one size fits all” solution to compensation management. Our approach is built on working collaboratively with all parties to make sound, implementation-focused recommendations.
Specifically, we have developed a methodology that: focuses on market competitiveness; is based on the organization’s compensation philosophy; recognizes that compensation is comprised of more than just base pay levels; reflects changes in recent compensation strategies; designs custom solutions that take into account the diversity of needs present in the organization and allows you to select the components and options that best meet your overall needs; and produces a structure that improves the organization’s ability to recruit, reward, motivate, and retain talent in a competitive environment that includes both public and private sector employers.
We will work closely with the City’s designated Project Manager (i.e., Executive Director of Human Resources), City Manager, and the Human Resources Department throughout the process to ensure constant communication of issues, concerns, and potential outcomes. We work closely with your staff to gain a solid understanding of your current operational realities, challenges, and desired outcomes. Moreover, Evergreen will work with you to balance your need to meet your performance goals while carefully managing your resources.
Compensation management has undergone significant transformation in the private sector and over time public sector organizations have mirrored these changes. While compensation once centered on the separate administration of base pay and core benefits, a shift has occurred that has transformed compensation management.
Progressive organizations now recognize that to effectively recruit, reward, motivate, and retain employees, compensation management requires strategic thinking and planning. Compensation management must support an organization’s overall strategic direction. To accomplish this, effective organizations design a compensation philosophy that details where an organization wants to be in relation to the market in key areas. These key areas include cash compensation, and work/life balance. Compensation is thus a reflection of the organization’s philosophy.
Evergreen realizes that we will need to tailor our approach to fit the operating, fiscal, and competitive needs of the organization. Recommendations must always reflect competitive needs while supporting the organization’s overall mission.
4.2 Detailed Work Plan
The detailed work plan that Evergreen proposes to use to provide Classification and Compensation Study Services to the City of Santa Ana is provided in this section. Evergreen understands the City has approximately 1,200 full-time employees and approximately 475 part-time employees in 488 classifications that will be included in the study.
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Our work plan consists of the following 10 work tasks:
• Task 1: Project Initiation
• Task 2: Evaluate the Current System
• Task 3: Collect and Review Current Environment Data
• Task 4: Evaluate and Build Projected Classification Plan and Make FLSA Determinations • Task 5: Identify List of Market Survey Benchmarks and Approved List of Targets • Task 6: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary • Task 7: Develop Strategic Positioning Recommendations • Task 8: Conduct Solution Analysis
• Task 9: Develop and Submit Draft and Final Reports
• Task 10: Develop Recommendations for Compensation Administration Task 1.0: Project Initiation
TASK GOALS: Finalize the project plan with the City; gather all pertinent data; finalize any remaining contractual negotiations; and establish an agreeable final timeline for all project milestones and deliverables.
TASK ACTIVITIES
1.1 Discuss with the City’s Project Manager (CPM), City Manager and/or Executive Director of Human Resources, and any other key personnel the following objectives: the classification and pay plan study process; understand mission and current compensation philosophy; review our proposed methodology, approach, and project work plan to identify any necessary revisions; reach agreement on a schedule for the project including all assignments and project milestones/deliverables; and establish an agreeable communication schedule.
1.2 Identify potential challenges and opportunities for the study. Discuss the strategic direction of the City and some of the short- and long-term priorities. This activity serves as the basis for assessing where the City is going and what type of pay plan will reinforce current and future goals.
1.3 Obtain relevant materials from the City, including: any previous projects, research, evaluations, or other studies that may be relevant to this project; organizational charts for the departments and divisions, along with related responsibility descriptions; and current position and classification descriptions, salary schedule(s), benefits information, and classification system.
1.4 Review and edit the project work plan and submit a timeline for the completion of each project task.
KEY PROJECT MILESTONES: Comprehensive project management plan; and comprehensive database of City staff
Task 2.0: Evaluate the Current System
TASK GOAL: Conduct a comprehensive preliminary evaluation of the existing classification and compensation plan(s) for the City.
TASK ACTIVITIES
2.1 Obtain the existing pay structure and compensation philosophy. Review the existing pay structure and look for potential problems and issues to be resolved.
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2.2 Identify the strengths and weaknesses of the current pay plan(s) for the City.
2.3 Identify any pay compression issues and discuss solutions.
2.4 Complete an assessment of current conditions that details the nature of the current system, taking into consideration compensation and benefits, as well as highlights areas for potential improvement in the final adopted solution.
KEY PROJECT MILESTONES: Review of existing compensation plan(s); and assessment of current conditions
Task 3.0: Collect and Review Current Environment Data
TASK GOALS: Conduct statistical and anecdotal research into the current environment within the City; and guide subsequent analytical tasks.
TASK ACTIVITIES
3.1 Schedule and conduct employee orientation sessions to describe the scope of work and methodology.
3.2 Interview department heads to obtain relevant information and statistical data on specific compensation issues and policies. Obtain insight into perceived current compensation system strengths and weaknesses.
3.3 Hold focus groups with a sample of employees to obtain additional relevant information and statistical data on specific compensation issues and policies.
3.4 Work with the CPM and Human Resources staff to administer the JATs and MITs. Our staff utilizes a web-based tool for data collection, but we can provide paper copies as well as those for classifications without computers or Internet access. We will seek approval from the CPM before distribution of the JAT/MIT questionnaire.
3.5 Review any data provided by the City that may provide additional relevant insight.
Note: Evergreen will provide two staff persons over the course of three days to conduct all outreach in this task.
KEY PROJECT MILESTONES: Department head interviews; employee focus groups and orientation sessions; and JAT/MIT distribution
Task 4.0: Evaluate and Build Projected Classification Plan and Make FLSA Determinations TASK GOALS: Identify the classification of existing positions utilizing the approved method for job evaluation; and characterize internal equity relationships within the City.
TASK ACTIVITIES
4.1 Ensure that all draft class specifications are provided to Evergreen by the CPM.
4.2 Review the work performed by each classification and score based on job evaluation. Include an evaluation of supervisory comments.
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KEY PROJECT MILESTONES: Final list of benchmark positions for the external labor market assessment salary and benefits survey; initial list of survey peers; survey methodology; and final list of survey organizations and contacts
Task 6.0: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary TASK GOALS: Conduct the external labor market salary survey; conduct a benefits survey; and provide a summary of the market salary and benefits survey results to the CPM.
TASK ACTIVITIES
6.1 Prepare a customized external labor market salary survey for the CPM’s approval. Discuss questions and categories for the market survey.
6.2 Develop a listing of the current benefits for comparisons with peer organizations.
6.3 Using the list of City provided benefits (i.e., paid leave and holiday) and major benefits offerings not provided by the City develop a list of benefits to include in the external labor market survey.
6.4 Prepare benefits survey to be included with salary survey developed in Task 6.1.
6.5 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested.
6.6 Conduct necessary follow-up through e-mails, faxes, and phone calls.
6.7 Collect and enter survey results into Evergreen’s electronic data analysis tools.
6.8 Validate all data submitted.
6.9 Develop summary report of external labor market salary and benefits assessment results.
6.10 Submit summary report of external labor market salary and benefits assessment results to the CPM.
KEY PROJECT MILESTONES: Market survey instrument; benefits survey; and summary report of external labor market salary and benefits assessment results
Task 7.0: Develop Strategic Positioning Recommendations TASK GOALS: Determine the City’s compensation philosophy; and develop a plan for all employees, providing issue areas and preliminary recommendations for strategic improvement.
TASK ACTIVITIES
7.1 Identify the compensation philosophy and accompanying thresholds.
7.2 Using the market salary survey data collected in Task 6.0, and the classification data reviewed in Task
4.0, recommend the appropriate pay plan(s) for the City.
7.3 Produce a revised pay plan for the City that meets its needs from an internal and external equity standpoint.
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7.4 Provide options for the implementation of the recommended compensation strategy changes including identification of advantages, disadvantages, and a five-year forecast for the fiscal impacts of the changes.
7.5 Provide recommendations for changes to City compensation system and total compensation philosophies, including paid leave and holiday, to address competitive labor market concerns, salary compaction/compression and resources required for ongoing system maintenance.
KEY PROJECT MILESTONES: Proposed compensation strategic direction, taking into account internal and external equity; and plan for addressing unique, highly competitive positions Task 8.0: Conduct Solution Analysis
TASK GOALS: Conduct analysis comparing job evaluation values; survey results for the benchmark positions; and produce several possible solutions for implementation.
TASK ACTIVITIES
8.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plan for the City.
8.2 Place all classifications into pay grades based on Task Activity 8.1. Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications.
8.3 Create implementation solutions for consideration that take into account the current position of the City as well as the findings from the classification and compensation analysis. Identify and prepare a range of compensation policy alternatives.
8.4 Discuss with the CPM potential solutions.
8.5 Determine the best solution to meet the needs of the City in the short-term and long-term.
8.6 Document the accepted solution.
KEY PROJECT MILESTONES: Initial regression analysis, potential solution, and documented final solution
Task 9.0: Develop and Submit Draft and Final Reports
TASK GOALS: Develop and submit a draft and Final Report of the Classification and Compensation Study Services to the City of Santa Ana; and present the Final Report.
TASK ACTIVITIES
9.1 Produce a comprehensive draft report that captures the results of each previous step, including a complete listing of the allocation of job classes to salary range requirements. Provide the CPM with a draft final report for review that will include all costs associated with recommendations as well as implementation strategies.
9.2 Make edits and submit necessary copies of the Final Report to the CPM.
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9.3 Present the Final Report to the CPM, City Manager and City Council, and any other stakeholders.
9.4 Develop a communication plan for sharing study results with employees of the City.
9.5 Develop a plan for maintaining recommendations over time.
KEY PROJECT MILESTONES: Draft and final reports; final presentation; communication plan; and implementation and maintenance database
Task 10.0: Develop Recommendations for Compensation Administration TASK GOALS: Develop recommendations for continued administration by City staff to sustain the recommended compensation and classification system, and conduct training.
TASK ACTIVITIES
10.1 Develop recommendations and guidelines for continued administration and maintenance of the classification and compensation system by City staff, including recommendations and guidelines related to: how employees will move through the pay structure/system as a result of transfers, promotions, or demotions; how to pay employees whose base pay has reached the maximum of their pay range or value of their position; the proper mix of pay and benefits; how often to adjust pay scales and survey the market; the timing of implementation; and how to keep the system fair and competitive over time.
10.2 Present recommendations to the CPM for review.
10.3 Finalize recommendations.
10.4 Provide training and instructional tools to Human Resources Department staff to ensure that staff can conduct individual salary audits/adjustments consistent with study methods until the next formal study is conducted using Evergreen’s JobForce Manager tool that will enable Human Resources staff to estimate future pay plan changes, update market information, make determinations on reclassifications, and create new jobs – allowing for streamlining, and an increase in fairness and transparency of regular compensation and classification tasks after solution implementation.
KEY PROJECT MILESTONES: Recommendations for compensation administration, and training on Evergreen’s JobForce Manager tool
4.3 Proposed Timeline
Evergreen possesses the ability, staff, skills, and tools to provide Classification and Compensation Study Services to the City of Santa Ana in approximately four months of the project start date and following the signing of the contract. This timeline is based on a tentative start date of August 26, 2024, as requested in the RFP, and a completion date of December 30, 2024. Our proposed timeline, as identified in Exhibit 2, can be modified in any way to best meet the needs of the City.
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Information Technology
www.santa-ana.org/departments/information-technology/
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Enterprise Land Management System Software and Implementation Services
AGENDA TITLE
Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC, for Enterprise Land Management System Software and Implementation Services (Specification No. 24-087A) (General Fund and Non-General Fund) (Revive Santa Ana)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial one-year term beginning October 1, 2024, with provisions for four optional one-year renewals. (Agreement No. A-2024-XXX)
2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27-month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A-2024-XXX)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Santa Ana Property Information Network (SAPIN) is an internally developed land management, permitting, and code enforcement system that was implemented in 2000 for plan checking, building permitting, building inspections, Public Works permitting, and Code Enforcement case management. Although the SAPIN system has been enhanced over the years and has met the needs of the City for more than two decades, its capabilities have fallen behind the technology and functionality now available from off-the-shelf applications on the market. In example, SAPIN lacks the capabilities allowing the City to conduct business transactions in the digital environment and to interface with third party software commonly used by the development community.
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SAPIN lacks mobile accessibility in the field and real-time automated reporting, which hampers decision-making and responsiveness which the public has come to expect from a service provider with current technologies. More significantly, because SAPIN was developed in-house utilizing a programing language that is no longer taught and supported in the industry, the City will lose the necessary knowledge to support the software with staffing changes and retirements.
It is imperative for the City to move from SAPIN to a state-of-the-art software that can better meet the City’s needs now and in the future, and provide the improved functionality that the SAPIN system is lacking.
On June 15, 2021, the City Council approved agreements with Clariti Cloud and Avocette Technologies to implement the Clariti Permitting and Licensing system. The consultants worked with the Information Technology Department (ITD), Planning and Building Agency (PBA), and the Public Works Agency (PWA) to document the City’s business processes, use cases, and information requirements. When changing to a new system, this early stage of the process is the most important and the most time intensive as it establishes the foundation for all future work to build upon.
As an outcome of this intensive effort, the City now has documented the workflow and processes, and procedures for building a system allowing the City to efficiently complete business transactions and permitting activities through an online portal. While this was a critical step in the process and resulted in a substantial work product by the consultants, it became apparent from reviewing the various functioning software modules provided by their support team that the Clariti Cloud system would require extensive configuration and customization in order to meet the needs of the City.
This was a major concern for staff as it would require the City to again, build the various modules, in some instances from scratch, and to maintain the system in-house, making the system extremely labor-intensive to support and with limited options to upgrade and enhance over time. Since these systems typically are utilized for many years (15-20 years or longer), the project team made the difficult decision of terminating and not investing further into the project with Clariti Cloud and Avocette Technologies. Given that these systems are typically in use for 15-20 years or longer, the project team collectively decided it would be beneficial for the City to halt the project with Clariti Cloud and Avocette Technologies. At this point, only 31% of the project budget, or $1,053,548, had been spent, and the team concluded that switching to a different solution would be a better long-term fit for the City.
To move the project forward, the City team re-evaluated the Accela Civic Platform, which was one of the runner-up solutions from the previous procurement. This included extensive reviews and live demonstrations of the system, it’s capabilities, and user interface. The City team also interviewed other cities already using the system and received positive feedback regarding system performance, capabilities, company City Council 13 – 2 10/1/2024
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support, and ease of set up and use. The team determined that the Accela Civic Platform would be the best solution to assist the City with quickly resuming the project and that they have the software solution that will successfully meet the City’s requirements due to their long history providing this technology to municipalities, the robust functionality of their existing system, and the successful track record with numerous other cities here in California.
Accela was formed in 1981 and incorporated in California in 1999. Accela is a leader in the permitting and licensing space and has more than 2,000 separate agencies that utilize their software. Their latest solution is the Accela Civic Platform which is a cloudbased system that includes modules for planning, permitting, code enforcement, and licensing. The system is currently operating in many local California agencies, including the cities of Huntington Beach, Anaheim, Ontario, Whittier, Torrance, Moreno Valley, Sacramento, Stockton, and Roseville, among others.
Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Association of State Procurement Officials (NASPO) awarded contract #AR2472 to Carahsoft Technology Corp. Technology Corp., an authorized reseller of Accela Civic Platform software and related support services. The contract was awarded as a result of an open and competitive bidding process that meets the City’s requirements. The first action of this agenda item is to approve the Accela Subscription Services Agreement (Exhibit 1) and authorize purchases of Accela software subscription licensing, support, and training through Carahsoft Technology Corp. (Exhibit 3) In addition to system licensing, the City requires an implementation partner to assist with the system configuration, data migration, interface development, report development, training, and technical support of the Accela Civic Platform. On June 27, 2024, the City issued RFP No. 24-087A for Accela Civic Applications Implementation Services on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
1,009 Vendors notified
0 Santa Ana vendors notified
23 Vendors downloaded the RFP packet
3 Proposals received
Proposals were solicited, opened on July 17, 2024, and evaluated. The three proposals submitted by the RFP deadline were all determined to be responsive to the specifications and met the City’s requirements. A selection team consisting of staff from the IT Department, Planning and Building Agency, and Public Works evaluated the proposals and recommend awarding an agreement to IK Consulting, LLC, the best suited vendor. Proposing firms’ rankings according to the criteria listed in the RFP are as follows:
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Vendor Name Location Rank
IK Consulting Tucson, AZ 1
TruePoint Solutions Loomis, CA 2
Bryne Software Technologies Chesterfield, MO 3
The second action on this agenda item is to approve an agreement with IK Consulting to serve as the implementation partner for the Accela Civic Platform. (Exhibit 2)
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 2024-25 Planning & Building Agency—Permit & Plan Check, accounting unit 01116530, Public Works - Development Engineering, accounting unit 10117605, and American Rescue Plan Act accounting unit 18120013.
Future fiscal year funding will be included in the proposed budgets for City Council consideration. The following table is an estimate of the account distribution by fiscal year; however, the actual amounts for each fiscal year may vary based on the timing of the system implementation.
Account
Unit –
Account #
Account
Description
FY
24-25
FY
25-26
FY
26-27
FY
27-28
FY
28-29 Total
01116530-
66511
Planning and
Building AgencyPermit & Plan
Check - Computer
Software
Subscriptions
72,000 225,000 243,000 255,000 285,000 1,080,000
10117605-
66511
Public Works -
Development
Engineering -
Computer Software
Subscriptions
48,000 150,000 162,000 170,000 190,000 720,000
18120013-
62300
ARPA - IT -
Contract Services
Professional
300,000 525,795 281,650 1,107,445
Total $2,907,445
City Council 13 – 4 10/1/2024
Enterprise Land Management System Software and Implementation Services October 1, 2024
EXHIBIT(S)
1. Agreement with Accela
2. Agreement with IK Consulting, LLC for Implementation Services
3. Draft PO to Carahsoft
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager
City Council 13 – 5 10/1/2024
City Council 13 – 6 10/1/2024
City Council 13 – 7 10/1/2024
City Council 13 – 8 10/1/2024
City Council 13 – 9 10/1/2024
City Council 13 – 10 10/1/2024
City Council 13 – 11 10/1/2024
City Council 13 – 12 10/1/2024
City Council 13 – 13 10/1/2024
City Council 13 – 14 10/1/2024
City Council 13 – 15 10/1/2024
CONSULTANT AGREEMENT WITH IK CONSULTING, LLC FOR ACCELA CIVIC
APPLICATIONS IMPLEMENTATION SERVICES
THIS AGREEMENT is made and entered into this 1st day of October, 2024 by and between IK Consulting, LLC, an Arizona limited liability company (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). Consultant and City are also collectively referred to herein as “Parties” or singularly as a “Party.”
RECITALS
A. On June 27, 2024, the City issued Request for Proposal (“RFP”) No. 24-087A seeking to retain a consultant having special skill and knowledge in the field of Accela civic applications implementation services on behalf of the City’s Information Technology Department.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-087A.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in the “Scope of Services,” attached hereto and incorporated herein by reference as Exhibit A; as further described in “Consultant’s Proposal,” attached hereto and incorporated herein by reference as Exhibit B; and as further described in “Consultant’s Request for Clarification,” attached hereto and incorporated herein by reference as Exhibit C.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in “Consultant’s Final Cost Estimate,” attached hereto and incorporated herein by reference as Exhibit D. The total amount authorized during the term of this Agreement, including any extension periods, shall not exceed $1,107,445.00.
City Council 13 – 16 10/1/2024