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HomeMy WebLinkAboutC-8049-1 - On-Call PSA for Equipment and Services for Hearing ImpairedON-CALL PROFESSIONAL SERVICES AGREEMENT WITH LANGUAGE PEOPLE, INC. FOR EQUIPMENT AND SERVICES FOR HEARING IMPAIRED THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 23rd day of June, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and LANGUAGE PEOPLE, INC., a California corporation ("Consultant'), whose address is 38750 Sky Canyon Drive, Suite C, Murrieta, California 92563, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide equipment, installation, and on-call services for hearing or language impaired persons ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 22, 2019, unless terminated earlier as set forth herein. 2. EQUIPMENT INSTALLATION SCOPE OF WORK 2.1 Consultant shall provide all tangible items and perform all the services described in the Scope of Work for the equipment and installation thereof attached hereto as Exhibit "A" and incorporated herein by reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the work and services contemplated herein and that all materials will be of good quality. 2.2 Consultant shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2.3 In consideration of the Compensation described herein and subject to all the terms and conditions hereof, Consultant shall: provide and install the telecommunications equipment (hereinafter referred to as "Products"), as listed and set forth in the Scope of Work attached hereto as Exhibit "A." 3. ON-CALL SERVICES TO BE PERFORMED 3.1 Consultant shall perform the on-call services described in the Scope of On -Call Services attached hereto as Exhibit "B" and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 3.1.1 A detailed description of the Services to be provided; 3.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; Fn 3.1.3 The estimated number of hours and cost to complete the Services; 3.1.4 The time needed to finish the specific project. 3.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 4. TIME OF PERFORMANCE 4.1 Time is of the essence in the performance of the Project under this Agreement and Consultant shall perform the Project in accordance with the schedule included in Exhibit "B" and the Letter Proposal. In the absence of a specific schedule, the Project shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in "Exhibit B" and the Letter Proposal, if any, or perform the Project in a diligent and timely manner may result in termination of this Agreement by City. 4.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. Language People, Inc. Page 2 4.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 4.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 5. COMPENSATION TO CONSULTANT 5.1 City shall pay Consultant for the Project on a time and expense not -to - exceed basis in accordance with the provisions of this Section, the Letter Proposal and the Scopes of Work and of Services attached hereto as Exhibits "A" and "B," respectively. Consultant's compensation for all Work or Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Nineteen Thousand Three Hundred One Dollars and 92/100 ($19,301.92), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 5.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 5.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibits "A" and "B" to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 5.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 6. PROJECT MANAGER 6.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Lamar G. Stewart to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Language People, Inc. Page 3 Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 6.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 7. ADMINISTRATION This Agreement will be administered by the City Manager's Office. City's Assistant City Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 8. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 9. STANDARD OF CARE 9.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 9.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. Language People, Inc. Page 4 9.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 10. HOLD HARMLESS 10.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 10.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 11. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of Language People, Inc. Page 5 control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 12. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 13. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 14. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 15. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership ori oint-venture. 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibits 'A," "B," and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Language People, Inc. Page 6 Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS 18.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 18.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. Language People, Inc. Page 7 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services 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 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 City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. Language People, Inc. Page 8 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Carol Jacobs, Assistant City Manager City Manager's Office City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Lisa Wrench Language People, Inc. 38750 Sky Canyon Dr., Suite C Murrieta, CA 92563 P*+ @] W_1I h,61 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request Language People, Inc. Page 9 for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged Language People, Inc. Page 10 herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Language People, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNY'S OFFICE Date: L /1/ L40 Aaron C. FTa-r City Attorney ATTEST: �n Date: CITY OF NEWPORT BEACH, a Californi mun cipal corporation Date: ( 4w) By: &J-� NM oWo9ily Dave Kiff City Manager By: A&AA- j. J3 M4 - Leilani I. Brown City Clerk CONSULTANT: Language People, Inc., a California corporation Date: �4n42 `/4�0i Bis` iSC/Ina, # Lamar G. Stewart Vice President, Deaf Community Business Development [END OF SIGNATURES] Attachments: Exhibit A - Scope of Work for Equipment & Installation Exhibit B - Scope of On -Call Services Exhibit C - Insurance Requirements Language People, Inc. Page 12 EXHIBIT A SCOPE OF WORK FOR EQUIPMENT & INSTALLATION Language People, Inca Page A-1 1==) �.a nguage PeopLie Connect, Communicate. City of Newport Beach Carol Jacobs, Assistant City Manager 100 Civic Center Drive Newport Beach, CA 92660 April 29, 2016 CITY OF NEWPORT BEACH SITE SURVEY & QUOTE Oasis Senior Citizen Center 801 Narcissus Avenue Corona Del Mar, CA I Portable Unit Newport Coast Community Center 6401 San Joaquin Hills Road Newport Coast, CA I -Portable Unit Marina Park 1600 West Balboa Blvd. I -Portable Unit Central Library 1000 Avocado Avenue - I portable unit Mariners Library 1300 Irvine Avenue I portable Unit Civic Center 100 Civic Center Drive I" Floor Permit Center — I portable unit 2nd Floor Bay E (reception/info desk) —1 portable unit # of Portable wifi Units -7 with basic case x 449.99 Sales Tax 8% Subtotal: $3,149.93 $ 251.99 $3,401.92 38750 SKY CANYON DR • STE C • MURRIETA. CA • 92563 • TE0707) 538-8900 • FAX:(707) 324-8811 N CQ.0 I R Y@ L A N G U A C E P E 0 P L E. C 0 M W W W. L A N G U A G E P E 0 P L E. C 0 M C; Language M3 PeoplLe Connect. Communicate. Installation -1 Days I personnel Case Assembly Software Install Account Provisioning Site Visit, and Physical Install at all sites again and testing Training at each site with various personnel. Cost is $150.00 per facility Install X 6=$900.00 $ 900.00 Grand Total $4,301.92 Submitted on behalf of Language People Lana r G. Sbmcvt Date 4/29/2016 Lamar G. Stewart, Vice President of Deaf Community Business Development Representative of the City of Newport Beach 38750 SKY CANYON DR • STE C • MURRIETA. CA • 92.563 • TEL:(707) 538-8900 • FAX:(707) 3248811 I N O—U I R Y 0 L A N G U A G E P E 0 P L E. C 0 M W W W. L A N G U A G E P E 0 P L E. C 0 M EXHIBIT B SCOPE OF ON-CALL SERVICES Language People, Inc. Page B-1 Language People, Inc. Wednesday, May 25, 2016 Page 2 of 9 Face -to -Face Interpretation Fee For Service Agreement On-site Interpretation (Face -to -Face): LP will send interpreters to appointments at the times and locations specified by CITY OF NEWPORT BEACH to interpret between staff and the City of Newport Beach. This type of service also includes interpretation of small group meetings where simultaneous or conference interpretation is not necessary. Spoken Language Interpreters: Spoken language interpreters assigned to appointments, conferences, etc. greater than two hours in length shall receive a fifteen minute break every two hours. American Sign Language Interpreters (ASL): ASL interpreters shall receive a fifteen minute break after each hour of service. For all ASL appointments beyond one hour, team interpreters must be used (two interpreters). Any exceptions to Teamed Interpreting requirements will be evaluated on a case by case basis by LP dispatchers and consultants and shall only be at the discretion of Language People. Minimum Appointment: Two Hours Every appointment will be billed a minimum of two hours. Hours will be billed in hourly increments beyond two hours. A grace period of five minutes at the end of the hour is allowed to "wind up" your appointment. If the appointment continues beyond the grace period, the next billed increment will be charged. Rates Per Interpreter: Qualified Interpreter rates are as follows: I hour spoken language interpreting (Common): I hour spoken language interpreting (Rare): hour ASL interpreting*: Cancellation Charge (less than 24 hour notice) Unscheduled appt. (Less than 24 hour notice) Weekend or After Business Hours $72.00* $82.00** $85.00* Full Charge for Scheduled Appointment $35.00 per hour additional* $35.00 per hour additional* *Rates are for Medically Tested and Qualified Interpreters. ASL Interpreters are RID/NAD/Qualified and tested in ASL and medical terminology. * Rare and/or certified interpreter rates may be higher and vary depending on assigned interpreter, their credentials, and date of availability. These rates will be provided at the time interpreter is scheduled. Services are available throughout the US. Medical Interpreters: LP Medical interpreters provided to CITY OF NEWPORT BEACH are SB853/JC compliant and HIPAA trained and tested interpreters. They are tested and trained Medical Interpreters, with proficiency in Medical Terminology and General Terminology in their languages of service. ASL Interpreters are RID/NADIQualified and tested in ASL and medical terminology. Certified Legal Interpreting: LP Legal interpreters are court -certified and court -qualified linguist professionals who are chosen for each assignment, not only on the basis of their proficiency in both source and target languages, but also in the specialized, field -specific knowledge they possess. Certifications for court appearances and depositions vary from state and federal/supreme court jurisdictions. Elates vary due to the unique situation of each assignment's requirements and must be quoted based on the individual project. Mileage Charges: Mileage will be charged for total miles at current IRS published rate for travel to and from your facility. Customer Support Our office is available to you 24 -Hours a day, seven days a week, for last-minute or evening or weekend requests. If you have an urgent request, please call (707) 538-8900 and follow the prompts. If, for some reason, our phone service is disrupted and you cannot reach us at this number, please call our back-up number (800) 873-0595. This number should ONLY be used if our main line service is disrupted. Please make sure appropriate staff has this back-up alternate number. 38750 SKY CANYON DR • STE C • MURRIETA, CA • 92563 • TEL:(707) 538-8900 • FAX:(707) 324-8811 1 NO`UI R Y @ L A N G U A G E P E 0 P L E. C O M WW W. LANG U A G EPEOP LE.COM Language People, Inc. Fee For Service Agreement Monday, May 16, 2016 Page 3 of 9 Over -the -Phone Interpreting (OPI) LP will provide telephone interpreters to CITY OF NEWPORT BEACH at the following rates: Basic Telephone Interpreting. Weekdays (M -F 8 AM — 6 PM) $2.00 per minute Evening (6 PM to 8 AM) and Weekend Calls $2.50 per minute Minimum time charge per call 10 minutes Specialty Telephone Interpreting Services: One-time Customer Set-up Fee $50.00 Training on Phone System 6 Hours - No Charge Additional Training/Support $75.00 per hour For a complete list of languages available and more informotion regarding telephone interpreting, refer to the following page or contact your sales associate for more details and options. Information/language Identification Cards LP will provide four copies of Language Identification Cards at no cost. Additional copies are $1.00 each. These helpful cards are used to identify by written word which language an individual recognizes as the written version of the spoken language they wish to communicate in. Operator Time/Customer Assistance LP operators can assist in identifying language spoken, or in helping to conference third -parties into the phone system. They can also answer other questions. Time spent with the Operator is charged at the minute rate, and is considered pan of the interpretation call. Some questions may be part of the no -cost training on use of the phone system. Training and Technical Support LP will provide to Customers up to six hours of introductory training in the use of the telephone system per year, and customers receive up to four hours per year. Additional time is charged at $75.00 per hour. Customer Support Our office is available to you 24 -Hours a day, seven days a week, for last-minute or evening or weekend requests. If you have an urgent request, please call (707) 538-8900 and follow the prompts. If, for some reason, our phone service is disrupted and you cannot reach us at this number, please call our hack -up number (800) 873-0595. This number should ONLY be used if our main line service is disrupted. Please make sure appropriate staff has this back-up alternate number. Recording Conversations for City of Newport Beach Records Interpreted phone calls may be recorded and saved upon request of the CITY OF NEWPORT BEACH. Call recording requests must be made in advance of the actual interpreted call, and extra fees apply. Transcription Services CITY OF NEWPORT BEACH may request written transcription of telephone conversations by our Translation Department. Transcriptions can be provided at a rate of $75.00 per hour of work, which would cover around IS minutes of (clear) recorded audio. Trained Customer Support Representatives For an additional fee, LP interpreters will be trained in Customers policies and businesses processes, and perform the task of Customer Support Representatives on behalf of Customer. In this level of service, we answer the telephone and field questions in language exactly as your own customer support representatives would do. Customer can train our staff in the use of their proprietary data collection and customer support tools, so that our staff seamlessly integrates with your own English- speaking customer support staff. This service frees up your personnel to do other tasks (they do not have to be on the line with our staff, the LP interpreter/CS rep does the work for them!). Please ask your salesperson to provide you with a custom quote for this level of service. 38750 SKY CANYON DR • tiFE C • MURRIE IA. CA • 92563 • TF L:(7071) 538-8900 • FAX:(707) 324-8811 I N Q U I IL 1' o L A N 6 U A G L P F 0 1' L[ C 0 V. %V ',V V, 1- A N G U A 6 1- P E_ 0 1' 1. 1 C 0 n1 Language People, Inc. Monday, May 16, 2016 Page 4 of 9 Fee For Service Agreement Partial Language List Afghani Common German Albanian Common Greek Amharic Common Gujarati Anar Dari Common Hakka Arabic Common Hausa Aramaic Rare Hebrew Arbresh Rare Hindi Armenian Common Hmong ASL Common Hungarian Assyrian Common lilcano Bahasa Common Indonesian Bengali Rare Italian Berber Rare Japanese Bosnian Common Khmer Common Tagalog (camcoal�) Bulgarian Common Kmhu Burmese Rare Korean (Mnnm�) Tamil Common Cantonese Common Kurdish Catalan Rare Laotian Chamorro Rare Latvian Croatian Common Lithuanian Czech Common Malay Danish Common Maltese Dari Common Mandarin Dutch Common Marathi Estonian Common Mien Ethiopian Common Mongolian Farsi Common Nepali Fijian Hindi Rare Nigerian Finnish Common Oromo Flemish Common Pampangan French Common Pashto French Canadian Common Polish Fukienese Common Portuguese R.1— _ c Lc Common Romanian Common Common Russian Common Common Samoan Rare Common Scandinavian Common Common Serbo-Croatian Common Common Shanghai Common Common Sindhi Common Rare Slavic Common Common Slovak Common Common Somali Common Common Spanish Common Common Swahili Common Common Swedish Common Common Sindhi Rare Common Tagalog Common Common Tahitian Rare Common Taiwanese Common Common Tamil Common Rare Telugu Rare Rare Thal Common Common Tibetan Rare Rare Tigrinya Common Common Toishanese Common Rare Tongan Rare Rare Turkish Common Rare Ukrainian Common Rare Urdu Common Common Uzbek Rare Rare Vietnamese Common Rare Visayan Common Common Wu Common Common Yiddish Common Common Yogad Rare If a language is not listed on this list, it is considered rare. 38750 SKY CANYON DR • STF C • MURR11 TA, CA - 92503 - l 1 L:1 07) 5 t8 E900 • Fat;:1 70%1 324-8811 I: .. . ANC -1 A(; 1= P f U I' L [ . C C• A. �. ,. .v I. A A G II r. C, C C.i f., �i Language People, Inc. Monday, May 16, 2016 Page 5 of 9 Document Translation Services Fee For Service Agreement Translators LP translators are tested, reviewed, and qualified to interpret in the languages in which they work. We match subject matter experts with the terminology requirement of your project and use third party linguists to proofread and ensure the most accurate translation product. Documents LP will provide document translation services according to the complete list of languages available (following page). For instance, Spanish is charged at $0.22 cents per word. Other Roman languages (i.e, German, French) will be charged $0.22 based on final word count in "target" language (language translated into). For character -based languages (i.e., Thai, Chinese) charges will be based on English or Roman language word count at $0.26 per word. LP will accept documents by fax, email or postal mail. Documents will be returned in Word format. It is the City of Newport Beach's responsibility to take returned translation from Word into any other graphic product they desire (i.e., PowerPoint, PDF, etc.), or to agree to extra charges for LP to arrange graphics editing for them. Formatting, proofreading and rush deadlines all incur additional charges. A minimum charge (per project/language) of $75.00 applies for any document below that fee. A charge of $25.00 applies to certificates of attestation and a $10.00 fee for any documents needing notarization. Rush fees apply to all documents requiring less than five business day return time; rush fees are $35.00 per 2,500 words in the document. Formatting fees of 10% may apply to documents requiring recreation of tables and graphics and will be assessed on a case-by-case basis prior to translation of project. Formatting and Desktop Publishing LP can provide additional formatting of documents for an additional $0.04 per word. LP can also provide advanced desktop publishing (graphic design) for a fee of $75.00 per hour. Document formats that LP supports include Microsoft Office® (Word, Excel, PowerPoint), PDF, EPS, Image files Qpe& tiff), and Adobe® InDesign®. Total charges may vary depending on the length of the assignment. Website Globalization LP will provide website translation services according to the complete list of languages available (following page). LP will accept website text by URL, fax, email or postal mail. Text will be returned in Word format. It is the City of Newport Beach's responsibility to take returned translation from Word into the actual website, or to agree to extra charges for LP to arrange text for them on the web. A minimum charge per project of $75.00 applies if word count does not equal this minimum charge. Rush fees apply to all website text projects requiring less than five business day return time; rush fees are $35.00 per 2500 words in the website. LP can provide services such as formatting and uploading for a fee of $75.00 per hour; total charges may vary depending on the length of assignment. Notice and Cancellation Policy Any project for written translation given to LP will be charged in full as translation begins immediately upon receipt of documents unless document is submitted as a quote request. Customer Support Our office is available to you 24 -hours a day, 7 days a week, for last-minute or evening or weekend requests. If you have an urgent request, please call (707) 538-8900 and follow the prompts. If, for some reason, our phone service is disrupted and you cannot reach us at this number, please call our back-up number (800) 873-0595. This number should ONLY be used if our main line service is disrupted. Please make sure appropriate staff has this back-up alternate number. *We return all documents in Word 2013 format to support all City of Newport Seochs'technology & fle format needs, unless otherwise requested. 38750 SKY CAtiYON Di, - STF C - 'vwRRILIA. CA 1 N QU I a v gig I ANGL%(: I? P[ OPL C C O M 92-563 • TEL:(707) 538-8900 • PAx:(707) 524-8811 w VV V% . L ANC IJAG F P L 0 1' Ll CC) M Language People, Inc. Monday, May 16, 2016 Page 6 of 9 Fee For Service Agreement Written Translation Language Price List Afghani 26 Georgian 26 Romanian 26 Albanian 26 German 22 Russian 24 Amharic 26 Greek 28 Samoan 28 Anar Dari 26 Gujarati 26 Scandinavian 26 Arabic 26 Hakka 28 Serbo-Croatian 26 Aramaic 30 Hausa 28 Shanghai 26 Arbresh 30 Hebrew 26 Sindhi 26 Armenian 26 Hindi 24 Slavic 26 ASL N/A Hmong 26 Slovak 26 Assyrian 26 Hungarian 26 Somali 26 Bahasa 28 lilcano 26 Spanish 22 Bengali 28 Indonesian 28 Swahili 25 Berber 28 Italian 22 Swedish 26 Bosnian 28 Japanese 26 Swiss 26 Bulgarian 26 Khmer (Cambodian) 24 Tagalog 24 Burmese (Myanmar) 28 Kmhu 28 Tahitian 28 Catalan 28 Korean 24 Taiwanese 26 Chamorro 28 Kurdish 26 Tamil 26 Chinese (Simplified) 24 Laotian 26 Telugu 28 Chinese (Traditional) 24 Latvian 28 Thai 26 Croatian 26 Lithuanian 28 Tibetan 30 Czech 26 Malay 28 Tigrinya 26 Danish 26 Maltese 30 Toishanese 26 Dari 26 Marathi 28 Tongan 28 Dutch 28 Mien 30 Turkish 26 Estonian 28 Mongolian 28 Ukrainian 26 Ethiopian 28 Nepali 30 Urdu 26 Farsi 24 Nigerian 26 Uzbek 30 Fijian Hindi 28 Oromo 28 Vietnamese 24 Finnish 26 Pampangan 28 Visayan 26 Flemish 26 Pashto 26 Wu 26 French 22 Polish 26 Yiddish 26 French Canadian 22 Portuguese 24 Yogad 30 Fukienese 26 Punjabi 24 Yoruba 30 If you don't see the language you need, please contact LP. 38750 SKY CANYON DR • STE C • MURRIETA. CA • 92563 • TEL:(707) 538-8900 • FAX:(707) 324-8811 �1 NQU I R Y @ L A N G U A G EPEOP LE.CO M W W W. LA N G U A G EPEOP LE. COM Language People, Inc. Monday, May 16, 2016 Page 7 of 9 Video Remote Interpreting (VRI) Fee For Service Agreement Under this Agreement, CITY OF NEWPORT BEACH will receive video interpreting by Language People, Inc. Interpreters through the VRI software at the following pricing points: Charges begin when the call u rouoinoed to the interpreter, and end when CITY OF NEWPORT BEACH side disconnects frons the rag (Interpreters remoin an the line until One -Time Activation $250.00 (WAIVED) Setup & Installation $50.00 (WAIVED) Yearly Licensing Subscription & Maintenance $50.00 (WAIVED) Minutes Per Month Additional Training & Support (after initial training) On -Demand $75.00 (Per Hour) Custom Configurations $150.00 (Per Hour) One-time Activomn Fee is mlcOcted by number of connected workstations. Addltiond stations ocbvared after the original order are subject to onso ion fees. per occurrence. Pricing Per American Sign Minute* Language On -Demand $2.99 ea. Other Sign Language Spanish Other Spoken Language Demo Calls $3.25 ea. $2.49 $3.00 $1.00 1,000 Minutes $2.49 ea. $2.75 ea. $1.99 $2.83 $1.00 5,000 Minutes $2.45 ea. $2.71 ea. $1.95 $2.67 $1.00 * Additional discounts available for larger volumes. Prices include all software and licensing fees. Set-up and installation B supported by offsite technical staff. Maintenance covers technical upgrades, automatic software upgrades, and interpreter dispatch and management Prepaid minutes do not expire. Hours of Service Video Remote Interpreting is available 24 hours a day, 7 days a week, and 365 days a year. Customer support for our City of Newport Beachs is also 24x7x365. Customer Support Language People, Inc. will provide free Support & Training for 60 days after the VRI software has been installed and activated. CITY OF NEWPORT BEACH shall also receive 6 hours of Support & Training per year as part of the service, which can be used at any time during the year. CITY OF NEWPORT BEACH shall maintain, troubleshoot, install software, and support their computers & stations. If CITY OF NEWPORT BEACH should choose to have LP supply any hardware, software, or customer support outside of their own products, then LP shall provide these services to CITY OF NEWPORT BEACH at the negotiated rates. 38750 SK, CANYON 1)R • SI I C • Mlllll?1LIA, CA • 92 563 • 3Eu(.707) 538 8900 - FAx:i7()7) 324-8811 I Iv Q l' I P, Y cl' L A N G I I A G E D 1 0 P IC C' lV \: Language People, Inc. Monday, May 16, 2016 Page 8 of 9 About Video Remote Interpreting Fee For Service Agreement Language People, Inc. offers ADA compliant Video Remote Interpreting (VRI). VRI provides sign language or spoken language interpreting services without an interpreter on location. Instead, working from a 24171365 manned remote location; an interpreter utilizes separate video and audio devices to break down the communication barrier. Video Remote Interpreting (VRI) is efficient, accurate, and cost-effective. Most importantly, VRI is always available. It is like having your own personal interpreter as near as a phone call away; ready to work any time, day or night. Features The VRI application provides access to ordering services, customer support, and viewing previous appointments and call logs. The Language People, Inc. Data Collection & Reporting Module (DCRM) integrates with the VRI software. It is a customizable application that collects important information regarding the details of the video transaction. Language People, Inc. DCRM is the only product of its kind for collecting and presenting these important statistics for compliance, usage, financial, and quality of care purposes. This data is stored for reporting through connection to the Language People, Inc. Customer Portal. VRI Interpreters Language People, Inc. has interpreters trained and ready to handle any assignment. The company has excellent interpreters, who possess special insight into the cultural nuances of the people for which they interpret. The majority of ASL interpreters are RIDINAD qualified and tested. The majority of foreign language interpreters are CHI/ AHUCT qualified. All VRI interpreters meet all licensing and testing requirements of the states in which they provide services. Language People, Inc. ASL interpreters provided to CITY OF NEWPORT BEACH are SB853/JC compliant and HIPPA trained and tested. Language People, Inc. medical interpreters are tested and trained medical interpreters, with proficiency in medical terminology in their languages of service. Language People, Inc. legal interpreters are court -certified or court -qualified professionals. Each Language People, Inc. interpreter is chosen for an assignment, not only on the basis of their proficiency, but also on the specialized, field -specific knowledge they possess. Confidentiality- HIPAA All Language People, Inc. interpreters agree to comply with HIPAA confidentiality requirements CITY OF NEWPORT BEACH agrees to make any in-house forms available to Language People, Inc. to assure Language People, Inc. that their interpreters are in conformance with CITY OF NEWPORT BEACH policies. Appropriateness of VRI for Communication Access VRI may not be the appropriate choice for mode of interpretation for all situations. Should we believe that a particular use would not be in the best interest of patient communication quality, Language People, Inc. shall inform CITY OF NEWPORT BEACH staff member that the services should be provided Face to Face. CITY OF NEWPORT BEACH understands that all connection time to an interpreter is considered interpretation time, and that attempt to interpret via VRI, time spent ascertaining whether consumer is happy with VRI interpretation, etc. is billed as interpretation time. 38 75 0, 5Kt CAINYOS Dr, - �iI C • 1011i lRILTA, CA • 92563 • TE L:(707) 538-8900 • FAX:(707) 324-8811 1 NQL I RSA" 1. AN G U AC IP P.OPLL -( o W W W. L A N G U A G EPEOP LE.COM EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Language People, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Language People, Inc. Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for 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. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Language People, Inc. Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Language People, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 6/8/16 Dept./Contact Received From: Jenny Date Completed: 7/20/16 Sent to: Jenny By: Alicia Company/Person required to have certificate: Language People Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/31/15-10/31/16 A. INSURANCE COMPANY: Sentinel Ins Co. LTD B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 21vV4M E. ADDITIONAL INSURED ENDORSEMENT—please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does F. not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed E Yes ❑ No H. Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/31/15-10/31/16 Included with GL A. INSURANCE COMPANY: Sentinel Ins Co. LTD B. AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A E Yes ❑ No H. NOTICE OF CANCELLATION: ❑ NIA 0 Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/01/15-11/01/16 A. INSURANCE COMPANY: Preferred Employers Insurance Co. B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY �1OI�it]�b�76� HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 7/2C Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A [:)Yes ❑ No ® N/A ❑ Yes ❑ No ❑ Yes ® No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract.