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;
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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.
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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
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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.
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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
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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
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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.
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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
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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
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�.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
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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.
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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
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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
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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
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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
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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.