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 1st 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 m aximum 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 on- call 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
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 earli er 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 relationsh ip, 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 doc uments 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 sub contractor prepares under this Agreement.
Consultant represents an d 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.
Minimum Scope and Limit of Insurance.
• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including pr oducts 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 mainta ins 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 i n 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 performe d 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.
• 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 w ith 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 b egins.
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, whic h 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
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 th e 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 d ocuments 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 d isclose 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 subsidi ary 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 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
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 p arties 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 t his 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, 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 ef fective 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
EXHIBIT A
SCOPE OF SERVICES
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 of Santa Ana
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 of Santa Ana
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 of Santa Ana
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 of Santa Ana
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 of Santa Ana
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 of Santa Ana
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 of Santa Ana
EXHIBIT B
CONSULTANT’S PROPOSAL
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
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
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
Volume I - SOQ
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,
Car