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HomeMy WebLinkAboutCESAR VARGAS & ASSOCIATES (MENTE, INC.) INSURANCE o A-2024-148-02 WORK MAY Pk,- :ILO UNTIL INSURVa E EXPIRES os"►Ilof CITY CLERK DATE Q�T 1 4 n24 CONSULTANT AGREEMENT BEWTEEN MENTE, INC. DBA CESAR VARGAS & ASSOCIATES AND THE CITY OF SANTA ANA FOR TRANSLATION AND INTERPRETATION SERVICES 0: MSfA 0) HIS AGREEMENT is made and entered into on this 1st day of October, 2024, by and between ecla A 0rne IaSL M ente, Inc., a California corporation,dba Cesar Vargas&Associates("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On February 22,2024,the City issued Request for Proposal("RFP")No.24-022A seeking to retain a consultant having special skill and knowledge in the field of translation and interpretation services for the City's Finance and Management Services Department. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-022A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in the "Scope of Services," attached hereto and incorporated herein by reference as Exhibit A,and as further described in"Consultant's Proposal," attached hereto and incorporated herein by reference as Exhibit B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in "Consultant's Fee Proposal," attached hereto and incorporated herein by this reference as Exhibit C. Consultant is one of four(4) separate consultants selected to provide services on an on- call basis under RFP 24-022A. The total compensation for services provided by all consultants selected under RFP 24-022A shall not exceed the shared aggregate amount of$1,290,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 9 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on October 1,2024 and terminate on September 30,2027, with the option for the City to grant up to two(2), one(1)year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement;however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 6. INSURANCE Prior to undertaking performance of work under this Agreement,Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minimum Scope and Limit of Insurance. • Commercial General Liability (CGL): Insurance Services Office Form CG 00 Olcovering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • Workers'Compensation: as required by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and$2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. • For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. Page 3 of 9 • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to City.Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: (Name of Department Staff Responsible for Agreement),20 Civic Center Plaza M-XX (Responsible Staff's Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting .coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,contractors, special counsel, and representatives from liability: (1) for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indenmity and Page 4 of 9 hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of; or effects, arising from this Agreement. The Consultant further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recldessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also infonnation transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed-in-a-publicly-available-source; (c) is in rightful possession of the Consultant Page 5 of 9 without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color,creed, religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age,national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant Page 6 of 9 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender,demand, delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana Page7of9 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Finance and Management Services City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Cesar Vargas Mente, Inc. 8502 E. Chapman Ave., Suite 302 Orange, California 92869 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Page 8 of 9 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BEWTEEN MENTE,INC. DBA CESAR VARGAS &ASSOCIATES AND THE CITY OF SANTA ANA FOR TRANSLATION AND INTERPRETATION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST CITY OF SANTA AN Jt H 1, lv Jennifer L. all °° varo Nunez 'ty-Cier City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: than T. Martinez By: Cesar Vargas Assistant City Attorney Title: Executive Director RECOMMENDED FOR APPROVAL: Siy 1P,ZONJl:Z6➢pt) Kathryn Downs Executive Director Finance and Management Services Page 9 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant(s) shall perform the services as set forth below. A. General Description Consultant shall be capable of providing competent interpretation and translation services on an as-needed basis as determined by the City. Use of interpreters shall be consistent with all applicable State and local laws. B. Interpretation and Translation Languages Services require interpretation and translation to and from languages listed below (from and to English). However, the City may request services to and from other languages as needed. A quote must be provided for languages not specified herein as needs are determined by City staff on a per-project basis. • American Sign Language (ASL) • Arabic (CA designated) • Armenian (Eastern and Western) (CA designated) • Bengali • Cantonese (CA designated) • Chinese (Simplified and Traditional) • Dari • Farsi • Hindi • Hmong • Indonesian • Japanese (CA designated) • Khmer(CA designated) • Korean (CA designated) • Laotian • Mandarin (CA designated) • Mandarin (Classic) • Mien • Nepali • Polish • Portuguese (CA designated) • Punjabi (CA designated) • Romanian • Russian (CA designated) • Serbian • Spanish (CA designated) • Tagalog (CA designated) • Turkish • Vietnamese (CA designated) RFP 24-022A City of Santa Ana Page 19 of 51 " ' CITY OF SANTA ANA C. Interpretation Services Consultant shall provide live, in-person, telephonic, and virtual (when deemed acceptable by City) simultaneous interpretation for City Council and other public meetings, workshops, interviews, and various types of events from English to additional languages as specified above. The City provides interpretation services at public meetings, when requested, and will engage the Consultant on an as-needed basis, typically with 72-hour advance notice. Shorter advance notice may occur depending on City needs. Some services may be provided telephonically with City's approval. 1. Remote Telephonic Language Interpretation Services Requirements: i. A single, toll-free number to access all services. ii. Conference-calling services and capabilities for interpreted calls. iii. The Consultant shall provide all language interpretation services for Languages at the rates as provided within Pricing Proposal. iv. In certain instances, time is of the essence to provide public counter services or other immediate assistance, and the City may reserve an interpreter by telephone forty-five (45) minutes in advance of the actual time it is needed. Consultant shall provide its typical response rate for advance notice. v. Consultant shall not require the City to purchase or obtain specific equipment to access telephonic interpreter services. D. Written Translation Upon direction from the City, Consultant shall translate various types of documents, and either live or pre-recorded audio content in video and audio file formats, from English into requested language or from another language into English. Documents may include reports, forms, posters, brochures and other informative leaflets/notices and websites/selected web pages, marketing materials, legal documents and notices, and other forms of correspondence. Written translation of election materials will also be required. 1. Consultant shall provide services related to translating and formatting documents into"Plain Language English". Services to be performed for any and all projects will be determined as the need arises. 2. Consultant shall deliver translated documents within twenty-four (24) hours of City requests when required. Delivery of translation services shall not exceed five (5) business days. 3. Consultant shall participate in revision processes with some revisions being prepared by Consultant, and some revisions being prepared by City staff. Consultant must deliver completed revisions to the requesting City Project Manager or designee within five (5) business days of a request for revision. The revision process will be deemed completed when the Project Manager or designee is satisfied with the final translation and formatting. Urgent requests will require a quicker turnaround time to be determined by the requesting City Department. 4. All completed formatted forms MUST EXACTLY MATCH the native language version unless otherwise agreed to in writing. RFP 24-022A City of Santa Ana Page 20 of 51 CITY OF SANTA ANA 5. Consultant shall provide their completed translated documents/forms in formats as required by the City. Formats may include at minimum, Microsoft Word, Microsoft Excel, Microsoft PowerPoint, InDesign, Photoshop, and Adobe PDF. Consultant must be able to convert Microsoft files into PDF format. Completed PDF forms are not the online fillable type. 6. Consultant will receive and transmit drafts and final versions of forms from and to the City in writing, which includes secure email, electronic file attachments to email, via web portal, or if requested by the City, by facsimile, USPS mail, or overnight services to the City's Project Manager or designee. 7. Consultant shall provide sight translation of English documents or other languages during face-to-face events. 8. Consultant shall provide offsite translation services of documents from English or other languages. 9. English word counts will be determined using Microsoft Word's word count feature. 10. No machine-generated translations are allowed. 11. The use of speech recognition software is not authorized. E. Closed Captioning (Optional Service) While closed-captioned services are not mandatory for this Agreement,the City reserves the right to explore and implement these services at its discretion during the contracted term. The City acknowledges that circumstances may arise where the inclusion of closed-captioning becomes necessary to enhance accessibility. The City may at its discretion add these services either upon award or via an Amendment during the term of the Agreement. Therefore, the City encourages all prospective Proposers to submit competitive pricing for future consideration. Consultant will translate audio content, either live or pre-recorded, into display text synchronized with the audio, equivalent text to that of the audio, and access formats as specified herein. 1. Services shall include full scale, real-time verbatim closed-captioning of public meetings and other live and pre-recorded meetings, media, forums, and events. 2. Consultant will sign-in to live caption events at least 10 minutes prior to the scheduled starting time and shall stay on until its conclusion, even if it runs longer than the scheduled time. 3. Consultant will provide remote captioning services by following a video signal that is streamed live online and an audio signal via telephone line(s). 4. Consultant will provide captioning to a real-time streaming web page, and to a live caption area within the event streaming page. 5. Consultant must have the technical compatibility with the City's live streaming software in order for the caption stream URL to be inserted into a player template including Granicus, so that live captioning can be viewed within the live stream player during events and meetings, when accessed from the City's event page. RFP 24-022A City of Santa Ana Page 21 of 51 CITY OF SANTA ANA 6. Consultant should be able to provide captioning at the average rate between 225 to 250 words per minute for events and projects. 7. Captions will coincide with their corresponding spoken words and sounds to the greatest extent possible and must be displayed on the screen at a speed that can be read by viewers. 8. Captions shall match the spoken words in the dialogue and convey background noises and other sounds to the fullest extent possible. Consultant may not paraphrase; and must use proper spelling, spacing between words, capitalization, and punctuation. 9. Captions will run from the beginning to end of the program. 10. Although there may be a slight delay in the delivery of captions for live real-time events, the delay in presentation of live captions should be kept to a minimum, consistent with an accurate presentation of what is being said and the overall goal of ensuring that captions enable viewers to follow the event. 11. Consultant must provide a high-degree of accuracy in captioning services; both events and projects.Accuracy rate must be 95 percent or greater. Near-flawless accuracy is of the upmost importance. The quality of information that is provided must be of equal quality to that offered to people without disabilities. 12. Consultant is not authorized to use speech recognition or computer captioning software in fulfilling live, real-time events. 13. Consultant staff providing live, real-time captioning services must hold a current certification from Certified CART Providers or Certified Broadcast Captioners. 14. Consultant will provide, at no additional charge, an unedited captioning transcript which will be ready for download by the City the following business day after conclusion of live real-time events. 15. Consultant will provide edited caption transcripts in an accepted file format. Edited caption transcripts and files must be completed and delivered to the City within five (5) business days of a live real-time captioning and pre-recorded project work. 16. Unedited and edited transcripts will be provided to the City, upon request, up to one (1) year after the date of the event at no additional cost. 17. Unedited and edited caption transcripts must be in the English language. F. Additional Requirements 1. Interpreters shall attend meetings in person located throughout the City when translation services are requested. Vendor must guarantee attendance with less than 24-hour notice. 2. The City may cancel previously scheduled or requested interpreter assignments without fee or penalty with at least a three (3)-hour advance notification. 3. Interpreters shall be available to provide services 24 hours, 365 days per year. Holiday availability is preferred as emergencies may arise. RFP 24-022A City of Santa Ana Page 22 of 51 CITY OF SANTA ANA i. Non-Emergency Interpretation Services: Consultant shall provide details regarding available coordination options for scheduling of interpretation services with the City. ii. Emergency Interpretation Services: Consultant shall provide their shortest possible response times and list any conditions for response (e.g., within 30 minutes, 1 hour, etc. for certain languages). iii. If requested by City for certain projects, native speaking translators shall be provided. 4. Interpreters must demonstrate proficiency in both English and the other language, as well as accurately communicate specialized terms or concepts as they relate to regional planning and transportation. 5. Consultant shall provide for each translation assignment at least one qualified translator. 6. Consultant shall provide all items listed below to provide services as specified herein: • labor; • personnel, • equipment, materials, tools, and supplies; • postage and/or delivery charges; • transportation; • insurance; and • applicable licenses, permits, and certifications 7. Consultant shall assign a primary contact for all assignments under the City's Contract. Primary contact or designee must be available to respond to communications from City staff Monday through Friday, during regular Business Hours, 7:30 AM to 5:30 PM PST. Additionally, contact information for urgent and after-hours requests must be provided. Holidays and times outside of Business Hours are considered after-hours. 8. Consultant shall provide the list of languages and the time frame which they can guarantee an interpreter will be made available for the work. 9. City has the right to affirm and/or decline the usage of a particular interpreter. 10. Consultant shall provide training, assessment, and ongoing monitoring of interpreters' understanding and compliance with standard interpreter protocols and ethical practices. 11. Consultant shall ensure through training, assessment, and ongoing performance monitoring that interpreters have the ability to anticipate and recognize misunderstandings arising from the differing cultural assumptions and expectations, or regional language differences and dialects, and that interpreters have training to respond to such issues appropriately, including criteria for recusal. 12. Consultant shall ensure that during the interpretation sessions, interpreters only respond in the first person, maintain accuracy at all times, and avoid omission or embellishment of the source message. The accuracy of translation, interpretation, and closed captioning services shall be the sole responsibility of the Consultant; however, the City reserves the right to evaluate and monitor accuracy of services provided. 13. Consultant staff shall maintain and ensure confidentiality of all discussions, documents, and various file formats provided to and received from City Departments and any other non-public RFP 24-022A City of Santa Ana Page 23 of 51 w�1 '.1' CITY OF SANTA ANA meetings. Additionally, Consultant staff must sign confidentiality agreements when required by individual City Departments. G. Ordering Process 1. Consultant shall establish an individual sub-account for any City Department that elects to place an order directly with the Consultant under the Contract. 2. Consultant must provide quote or proposal as requested by City staff within one business day. 3. Consultant shall receive and transmit drafts and completed work from and to the requesting Department by secure electronic file attachments to e-mail in Microsoft Word and/or Adobe Acrobat "pdf"file formats or as specified in the order. 4. Consultant must maintain an email address with a form of acknowledgement of receipt for ordering, inquiries, and customer service within one (1) business day of receipt of order. Proposer will state the maximum attachment size limit and alternatives for transmitting files that are larger than the maximum allowed. H. Possible Service Locations • City Hall • Santa Ana Police Department • Various Community Center Sites • Various Library locations • Various City Parks • Telephone • Video I. Customer Service Consultant's customer service process will ensure that all customer service issues are addressed in a consistent and expeditious manner, including problem escalation and resolution of service issues. The customer service process includes, but is not limited to: • Customer service organizational structure. • Contact process and contact person identified by position in the company (phone, email, fax, etc.). • Follow up process. • Internal procedures to track customer service contact and resolution. • Escalation process to resolve outstanding customer service issues. Consultant's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, members of the public, other team members and staff within the City. RFP 24-022A City of Santa Ana Page 24 of 51 CITY OF SANTA ANA J. Reports 1. Quarterly Reports Consultant shall provide to each of the City's using Departments quarterly reports that include a summary of the services ordered and the following information: • Ordering City staff member; • Service date; • Services provided (i.e., translation, interpretation, ASL, etc.); • Language; and • Total number of hours ordered during the quarter reported per language. Quarterly reports must be provided no later than thirty (30) business days after the end of each quarter and will include purchases that have been paid, as well as services currently being worked on. 2. Annual Reports Consultant shall provide to Purchasing contact an annual report of contract usage, including the following individual order information listing per month: • Department; • Ordering City staff member; • Service date; • Services provided (i.e., translation, interpretation, ASL, etc.); • Language; and • Number of hours. Annual reports must be provided no later than by January 30th of every year for the previous year calendar and will include purchases that have been completed. RFP 24-022A City of Santa Ana Page 25 of 51 EXHIBIT B CONSULTANT'S PROPOSAL CESAR VARGAS & ASSOCIATES (A DBA OF MENTE, INC., a California Corporation) RESPECTFULLY PRESENTS THE FOLLOWING PROPOSAL FOR TRANSLATION& INTERPRETATION SERVICES RFP NO.24-022A Attn.: Abigail Alcala Assistant City Clerk 20 Civic Center Plaza; M-30 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE: ea l/infa) Cesar A Vargas, Executive Director 1 of 7 TABLE OF CONTENTS SCOPE OF SERVICES 3 PURPOSE 3 BACKGROUND 3 PROJECI DESCRIPTION 3 STATEMENT OF QUALIFICATIONS 4 SERVICES PROVIDED 4 AGREEMENT STATEMENT 4 FIRM AND TEAM EXPERIENCE 4 PROPOSED WORK PLAN 4 COST PROPOSAL g FEE SCHEDULE 5 CERTIFICATIONS 6 REFERENCES 6 INNOVATIVE PRODUCT/SERVICE SUGGESTIONS 6 PROPOSAL VALIDITY 7 FINAL COMMENTS & VALUE-ADDED STATEMENTS 7 zo17 SCOPE OF SERVICES PURPOSE Cesar Vargas & Associates, a DBA of MENTE, Inc., (Consultant) respectfully presents this proposal to the City of Santa Ana for Translation and live, in-person, and virtual Interpretation Services, as needed, for City Council and other public meetings, workshops, interviews and various types of events. Cesar Vargas & Associates has ample expertise and experience in the technical aspects, including community engagement, legal language, friendly and relatable translations, and accuracy, as described in the BACKGROUND (II) section below. BACKGROUND Cesar Vargas & Associates has been working effectively with the City of Santa Ana to achieve transparency to encourage diversity and public participation by all persons since about 2007, providing correct and accurate interpretation and translation services in a consistent and professional manner. The translations and interpretation services are imbued with cultural sensitivity due to this friendly and relatable experience with the evolving Santa Ana community over the past 17 years. To further this local connection and interweave the bond between the diverse Santa Ana Community and the Translation and Interpretation field, Dr. Cesar Vargas, Principal of Cesar Vargas & Associates, currently teaches some of the Translation & Interpretation Certificate and Associate's Degree classes at Santa Ana College. In addition, he is a Certified Trainer for The Community Interpreter's Program with Cross Cultural Communications, the only international training agency in the United States for medical and community interpreting, and cultural competence. Click here to verify status with CCC. Furthermore, for the past 29 years, Cesar Vargas has been Santa Ana Unified School District's Official Translator/Interpreter, connecting their message with families and students, which places him right at the pulse of the Community, for the family is the heart, and the school is hub of the Community. For all these reasons, Consultant has been able to provide accurate, transparent and accessible government communications to the majority of the Santa Ana Community for almost three decades. PROJECT DESCRIPTION Consultant desires to continue providing accurate translation and interpretation services and support, as needed, for the City Council meetings, outreach efforts, election-related material and flyers. As a unique, boutique Translation & Interpretation Agency, Consultant specializes in the Spanish language to serve Santa Ana's large and varied Hispanic community,as requested by the City Clerk. This includes, but is not limited to, the simultaneous interpretation of City Council meetings, in addition to special or adjourned meetings. Consultant will continue to deliver professional translations that include technical language, such as legal terminology, technical documents, administrative regulations, and policy notices. Due to Consultant's background (see Section II above), we are fully familiar and entirely capable of providing administrative government terminology efficiently at the School, Municipal, County, State and Federal levels. 3 of 7 STATEMENT OF QUALIFICATIONS Based on the fact that the Consultant is the Incumbent Vendor, and the Addendum (see Questions 7 and 17) has expressed that there have not been any issues with the Incumbent, Consultant is well- qualified to continue performing these services. SERVICES PROVIDED For the past 17 years, Consultant has successfully provided competent interpretation and translation services for the City of Santa Ana in the English-Spanish language combination for City Council meetings, community meetings, election outreach meetings, housing information meetings, etc. For more details, see PROPOSED WORK PLAN below. AGREEMENT STATEMENT Consultant has agreed to and signed all previous agreements, so any similar agreements would be in general concurrence with. FIRM AND TEAM EXPERIENCE In addition to the BACKGROUND Section on page 3, which highlights the Principal Translator & Interpreter, the rest of the team available for City interpretation assignments consists of at least four dedicated, local and well-trained translators/interpreters with decades of experience, and various certifications in translation & interpretation, legal interpretation, medical interpretation and community interpretation specializations. See attached resumes under CERTIFICATIONS. The supervising Project Manager/Principal Agent is Cesar Vargas.As in the past 17 years,City staff can contact him at 714.987.2889 and cavargas@hotmail.com for any questions, inquiries and translation and interpretation project assignments. PROPOSED WORK PLAN As the Incumbent, providing services to the City of Santa Ana for 17 years through changing Council Members, City Clerks, Directors and Staff in general, Consultant has demonstrated full understanding of what is necessary to fulfill the Scope of Services. For written translations, the City shall provide a final version of the document(s) to be translated (or indicate that changes might be forthcoming, and subsequently provide a final version with redlined changes), in a native, modifiable format, such as Word, PowerPoint,Publisher, etc. At that time, the City will receive an approximate turnaround time for the requested project, while always aiming to fulfill the requestor's proposed deadline. 4 of 7 For interpretation services, Consultant understands that interpreters are required to be present for the duration of meetings or events, or until dismissed by the event organizer, requestor or their designee. Notwithstanding the request by the City to provide a sufficient and adequate number of temporary support services that are available on an on-call, as needed basis, including evening and weekends, at times, locations, and dates within 24 hours of request, in order to ensure the above, Consultant requests that the City provide Consultant as much advance notice as is possible and practical regarding any and all upcoming requests. In consideration of the on and on-call availability that the City requests above, and inasmuch as most professionals in the field have at least a 24-hour cancellation notice requirement, failure to provide a cancellation notice to Consultant within 36 hours will incur the minimum charge. Consultant will work closely with the City Clerk and Department Heads to ensure the review and satisfaction of all written requirements related to record keeping. COST PROPOSAL FEE SCHEDULE Consultant shall provide accurate services on an as-needed basis under the following Fee Schedule, also submitted in the City-prescribed format as ATTACHMENT A-2: a. Translation Services For written translations, the rate is $0.20 (twenty cents) per word translated into each Target Language requested, with a minimum billing of $50 (fifty dollars). Upon City's request of a Rush Translation, a 50% (fifty percent) surcharge shall apply to the written translation rate above when requesting a shorter than usual translation turnaround time, or with projects that require a substantial part of the work to be completed on Saturday, Sunday or other holidays, or when other projects must be pushed back to accommodate the City's request. Consultant shall notify the City beforehand if and when a Rush Fee would apply, and the City has the ultimate decision as to whether to authorize the Rush turnaround time, or reschedule the requested delivery timeline. b. Interpretation Services The Spoken Interpretation hourly rate is$150 (one hundred fifty dollars), with a two-hour minimum, which includes up to 30 (thirty) minutes of preparation, familiarization and review time. In order to ensure interpretation accuracy, when a meeting is expected to last more than 90 minutes, and/or when the meeting is expected to include an extensive combination of Simultaneous and Consecutive Interpretation Services, Professional Standards require a second Interpreter. In the rare event that a meeting originally scheduled for less than 90 minutes ends up going beyond 2 hours, due to the mental exhaustion caused by single-handedly interpreting for a long period of time and the recovery time needed for the Interpreter, a 2-Interpreter rate shall apply. 5 of 7 While all of our Interpreters are qualified Community Interpreters, if the Interpretation requested necessitates the use of a Certified Interpreter (a higher level of expertise and proficiency in the Industry), the Rates are: Half Day (3 hours) or Full Day (6 hours) at$450 (four hundred fitly dollars) and$900 (nine hundred dollars),respectively. The Interpretation Services above are for both in-person and/or video remote interpretation. CERTIFICATIONS See ATTACHMENTS. REFERENCES See ATTACHMENT B. INNOVATIVE PRODUCT/ SERVICE SUGGESTIONS In addition to the services contained in this Proposal, and integrally related to the BACI{GROUND Section above, Dr. Cesar Vargas is able and willing to provide related training to City staff in Translation & Interpretation, in order to minimize the use of consultants and better prepare the staff to provide these services, saving the City money in the future, and bringing a more qualified workforce with a heightened sense of belonging and pride of service. This has been a topic of conversation at previous City Council meetings to reduce future costs to the City. Additionally, a great way to significantly enhance our community's inclusivity and accessibility would be through the development of a Language Access Plan(LAP) for the City of Santa Ana. A Language Access Plan goes beyond this Proposal; it is a comprehensive framework designed to ensure that individuals who speak languages other than English can access public services and participate fully in community life. It encompasses a range of strategies, including the translation of written materials,provision of interpretation services, and, as stated in the first paragraph above, training for staff on cultural competency. The goal is to bridge the communication gap between service providers and the diverse communities they serve. Implementing a LAP in Santa Ana can bring numerous benefits. It not only demonstrates our commitment to equity and inclusion but also significantly improves the quality of life for residents with limited English proficiency. By ensuring that vital information and services are accessible in the most prevalent languages spoken in our community, such as Spanish and Vietnamese, we can foster a more engaged and informed citizenry. Moreover, a well-executed LAP can lead to increased community involvement. When residents feel heard and understood, they're more likely to participate in public meetings, access city services, and contribute to community dialogues. This active engagement is crucial for building a vibrant, cohesive community. 6 of 7 Effective communication is the cornerstone of trust and understanding between the City and its residents. A LAP addresses potential communication barriers head-on, reducing misunderstandings and the grave risk of misinformation. By proactively meeting the language needs of our diverse population, we can also decrease the likelihood of adverse communications and potential lawsuits that may arise from language access issues. This not only saves resources but also builds a stronger,more trusting relationship with the community. Developing a Language Access Plan for Santa Ana is a step toward realizing our shared vision of an inclusive, equitable, and vibrant community. I invite you to explore this possibility further with me. Together, we can lay the groundwork for a City that truly listens to, understands, and serves all its residents. If the City would like to explore one or both of these possibilities, a thorough Needs Assessment would be performed in order to provide a fair and adequate Proposal for these innovative services and products. PROPOSAL VALIDITY This proposal is valid for 181 days after the deadline for submission, which is March 21, 2024. FINAL COMMENTS &VALUE-ADDED STATEMENTS Cesar Vargas & Associates desires to continue providing the quality, accurate and community-friendly Translation and Interpretation Services we have provided the City of Santa Ana for over 17 years, as well as the additional intrinsic community benefits derived from narrating the Fiestas Patrias Parade for the past 22+ years, and being the Master of Ceremonies for the El Grito Official Event FREE OF CHARGE, which only serve to connect the City with the Community even further. 7o17 ins ca�vr.' CITY OF SANTA ANA ATTACHMENT A-1 PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification-I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. MENTE, INC. (DBA CESAR VARGAS &ASSOCIATES) 714.987.2889 888,854.5467 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 8502 E CHAPMAN AVE. #302, ORANGE, CA 92869 BUSINESS ADDRESS CESAR A VARGAS EXECUTIVE DIRECTOR PRINTED NAME OF AUTHORIZED AGENT TITLE ,. '4) 3/18/24 CAVARGAS(a,HOTMAIL.COM SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-022A City of Santa Ana Page 38 of 51 CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: CITY OF ANAHEIM Contact Individual: THERESA BASS, CITY CLERK Address: 200 S Anaheim Blvd, Phone Number: 714 765-5166 Anaheim, CA 92805 EMAIL: TBASS(a�ANAHEIM.NET Contract Amount: ONGOING Year: 2018 TO PRESENT Description of supplies, equipment, or services provided: Translation & Interpretation Services REFERENCE Customer Name: SANTA ANA COLLEGE Contact Individual: DALILAH DAVALOZ, MBA Address: 2323 N BROADWAY, SANTA ANA, CA 92706 Phone Number: 714.564.5527 EMAIL: Davaloz Dalilahsac.edu Contract Amount: $15,000/Yt� Year: CURRENT Description of supplies, equipment, or services provided: Translation Services REFERENCE Customer Name: ECOPARTNERS Contact Individual: ELIZABETH ROE Address: Phone Number: 317.450.3346 EMAIL: eroeiecopartnersinc.com Contract Amount: ONGOING Year: CURRENT Description of supplies, equipment, or services provided: Translation Services THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-022A City of Santa Ana Page 43 of 51 PROFESSIONAL REFERENCES FOR CESAR VARGAS & ASSOCIATES Organization/Company' Contact Person/Title Contact Info City of Anaheim Theresa Bass/Clerk of the Council TBass@anaheim.net Santa Ana College Dalilah Davalos/Public Inform. Officer davaloz_dalilah@sac.edu EcoPartners Elizabeth Roe/CEO 317.450.3346 Chapman University Dr. Amy Griffiths/Clinical Professor 949.267.0499 South Orange County CCD Frank Rivera/Manager, Outreach frivera@ivc.edu Nicholas Academic Centers Rosa Diaz/Executive Director rdiaz@naccenters.org Orange County Water District Kira Erquiaga/Sr. Comm. Specialist 714.378.3362 Stradling, Yocca, Carlson Law Alicia Chavez Elam/Legal Assistant AElam@StradlingLaw.com Segerstrom Center for the Arts Susan Marie Hill/Dir. Comm. Engagement smkendall@scfta.org YMCA of Orange County Jenny Hoang/Community Services Manager jhoang@ymcaoc.org Saddleback College Nicole Major/Professor NMajor@saddleback.edu Republic Services Tania Castaneda/Municipal Rel. Mgr. tragland@republicservices.com University of California, Irvine Andres Bustamante, Ph.D./Researcher asbustam@uci.edu If you have any questions, please contact Cesar Vargas at 714.987.2889 or email cavargas@hotmail.com 'In order to avoid favoritisms in this selection,we have omitted our work with the City of Santa Ana Mayor&City Council,Clerk of the Council,and just about every Agency and Department throughout the City of Santa Ana, as well as the Santa Ana Unified School District.This information may be furnished upon request. CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City)shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery(as defined above)of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm MENTE, INC. (DBA CESAR VARGAS &ASSOCIATES) Signed and Printed Name: '" -rtu� CESAR A VARGAS Title EXECUTIVE DIRECTOR Date 3/18/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-022A City of Santa Ma Page 44 of 51 CITY OF SANTA ANA ATTACHMENT D NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed r1i��' �(/C 9 State of(/,�t/'i h, County of OFeriv2` /w Subscribed and sworn to (or affirmed) before me on this / S day of detKet\ , , by C'54r 71- t)a v i 5 , proved to me on the basis of satisfactory evidence to be the per on(s) who appeared before me. X C L(17),-r / f} ctLLL-u 't- 1 Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-022A City of Santa Ana Page 45 of 51 California Jurat A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 15th day of March 24 by ***Cesar A Vargas*** proved to me on the basis of satisfactory evidence to be the perso who appeared before me. Signature / ) (Seal) 45,_„,,_°F>, OSCAR E.sALGUERO �4e� Notary Public•California . - Orange County Commission k 2432996 My Comm.Expires Dec 31,2026 Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal of this reattachment of this form to another document. Description of Attached Document Title or Type of Document: City Of Santa Ana -Affidavit Document Date: March 15, 2024 #of Pages: 1 Signer(s) Other Than Named Above: None 731 CITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment,or modification of any Federal contract,grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that.all such subrecipients shall certify and disclose accordingly. // Signed: 6). : f.- �' - Title: EXECUTIVE DIRECTOR Firm: CESAR VARGAS &ASSOCIATES Date: 3/18/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-022A City of Santa Ana Page 46 of 51 . _ CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract RFP 24-022A City of Santa Ana Page 47 of 51 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: 644 Title: EXECUTIVE DIRECTOR Firm: CESAR VARGAS &ASSOCIATES Date: 3/18/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-022A City of Santa Ana Page 48 of 51 CITY OF SANTA ANA ATTACHMENT G SAM.GOV UEI VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entitles to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: X9BSRGZGH4R6 SAM.gov Registration Expiration Date:_(BLANK) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-022A City of Santa Ana Page 49 of 51 CESAR VARGAS - TRANSLATOR QUALIFICATIONS In addition to Cesar's extensive and daily experience as the Language Specialist/District Translator for the Santa Ana Unified School District, he has consulted for a variety of organizations in the private and public sectors, and has had experience that has enabled him to excel at his craft over the years. Furthermore, Cesar Vargas currently teaches some of the Translation & Interpretation Certificate and Associate's Degree classes at Santa Ana College. He is also a Certified Trainer for The Community Interpreter's Program with Cross Cultural Communications, the only international training agency in the United States for medical and community interpreting, and cultural competence. Cesar is a Trainer and Master Practitioner of Neuro-Linguistic Programming, which allows him to not only transfer words and meaning from one language to the other, but find the exact words, phrases, and threads of thought that will engage readers in the target language. Here are a few of his most salient accomplishments and qualifications: ➢ Masters Degree in Cross-Cultural Teaching ➢ Bachelor of Arts in Behavioral Science • ➢ Bachelor of Science in Business Administration ➢ American Translators Association Member ➢ Certified Trainer for The Community Interpreter's Program with Cross Cultural Communications ➢ Author,Your Life Is Your Masterpiece (Veritas Invictus Publishing, 2012) ➢ Author, Tu Vida Es Tu Obra Maestra (Veritas Invictus Publishing, 2012) ➢ Author, UnStuck: The Owner's Manual for Success (Veritas Invictus Pub., 2013) ➢ Author, Desatascado: Manual del Propietario para el Exito (Veritas Invictus Pub., 2013) ➢ Translator, Success Secrets of the Rich and Happy, by Bart Baggett ➢ Translator of Feelings Buried Alive, Never Die..., by Karol K. Thurman (Olympus Publishing, 2003) ➢ Translator of Spiritual Marketing, by Joe Vitale (1'Books Publishing, 2002) ➢ California Association for Bilingual Education - Translation Committee Chair (2001 - 2024, Southern California Locates): Coordinate all interpretation services and interpreters for the requested languages at all the venues. > Orange County Department of Education, Multilingual Consortium Member:A community of translation professionals in the field of education, aiming to unify the terminology used throughout Orange County > Orange County Department of Education Translator/Interpreter of the Year 2018 ➢ CTEL/BCLAD Instructor, Orange County Department of Education: Prepare participants to pass the California Commission on Teaching Credential's test in the Spanish Language, the Hispanic Culture, and Bilingual Instructional Strategies for English Learners > City of Santa Ana, California— Interpret at City Council Meetings > City of Anaheim, California—Interpret at City Council Meetings > City of Seaside, California - Translate all their communication into Spanish ➢ Consulado de Mexico in Orange County, California: Translation Consultant in a variety of projects > ClearVision Technologies, They provide report card preparation services to school districts: Translator for their Spanish versions > SRA/McGraw Hill: Consultant/Reviewer for their Spanish series ATTACHMENT H CERTIFICATE OF DEBARMENT Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549,as amended, Nonprocurement Debarment and Suspension,2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26,1988, Federal Register(Pages 19160-19211),and as subsequently amended in 81 Federal Register 25585. (Before completing certification,read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335,the prospective primary participant, (i.e.grantee)certifies to the best of its knowledge and belief,that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a)or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions(Federal,State or local)terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospectiveparticipant shall attach an explanation to this proposal. a- 9 fi ' (L Consultant is Name and Title of Official Auflorized to Certify On Behalf of the Consultant Date RFP 24-022A City of Santa Ana Page 50 of 51 ATTACHMENT H CERTIFICATE OF DEBARMENT INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal,the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of • Federal assistance funds knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the Department of Labor(DOL)may pursue available remedies,including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction","debarment","suspension", "disqualified,""ineligible","lower tier covered transaction","participant", "person", "primary covered transaction","principal", "proposal",and"voluntarily excluded",as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should the proposed covered transaction be entered Into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,disqualified, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal,that it will include the clause title"Certification Regarding Debarment,Suspension, Ineligible,or voluntarily excluded from the covered transaction"unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8, Except for transactions authorized under paragraph S of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntary excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the DOL may pursue available remedies, including suspension and/or debarment. RFP 24-022A City of Santa Ana Page 51 of 51 EXHIBIT C CONSULTANT'S FEE PROPOSAL EXHIBIT I REQUEST FOR CLARIFICATION PRICING PROPOSAL Contractor shall base all costs on an-Houdy Rate schedule far work performed in accordance with the Scope of Services(Attachment I)of this RFP. The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto;and in conformity with the lambs and conditions,hereby proposes to the City of Santa Ana the following: ITEM DESCRIPTION)SPECIFICATION UNIT COST(PER HOUR( AMERICAN SIGN LANGUAGE On-She Consecutive Vidoo•Romoto Interpretation(Per minute) ASL (American Sign Language IASL) N/A SNIA INTERPRETATION SERVICES On-Site Consecutive Remote Simultaneous Over the Phone Interpretation(Per Minute) Video-Remote Interpretation(Per Minute) 1A Arabic(CA designated) SN/A SN/A SN/A SN/A Armenian 2A (Eastern and Western)(CA designated) SN/A SNfA SN/A SN/A 3A Bengal SN/A SN/A 5N/A SN/A 4A Cantonese(CA designated) SN/A SN/A SN/A SN/A 5A Chinese(Traditional and Simplified) SNIA SN/A SNIA SN/A _ 6A Dad MIA SN/A 5N/A SN/A 7A Farsi SNIA SN/A MA SNIA 6A Hindi SN/A SN/A SN/A SNIA 9A Hmong SN/A SN/A 5N/A SN/A _ 10A Indonesian SNfA SN/A SN/A SNIA 11A Japanese(CA designated) SN/A SN/A SN/A MIA 12A Khmer(CA designated) SN/A SN/A SN/A _SN/A 13A Korean(CA designated) SN/A SN/A SN/A SNfA 14A Loelan SN/A SN/A SN/A $N/A 15A Mandarin(Classic CA designated) SN/A SWA SN/A SWA 16A Mien SNfA SN/A SN/A SN/A 17A Nepal SN/A 5N/A SN/A SN/A 15A Polsh SN/A SN/A $N/A SN/A 19A Portuguese(CA designated) SN/A SNIA SN/A SN/A 20A Punjabi(CA designated) SN/A SN/A SN/A SN/A 21A Romanian SN/A SN/A $N/A SNIA 22A Russian(CA designated) SN/A SN/A SN/A MA 23A Serbian SN/A SN/A SN/A SNIA 24A Spanish(CA designated) $150 $150 S150 $150 25A Tagalog(CA designated) SN/A SN/A SN/A SN/A 26A Turkish SN/A SW SN/A SN/A 27A Vietnamese(CA designated) SN/A SNIA SNIA SNIA WRITTEN TRANSLATION UNIT COST(PER WORD) 1B Arabic(CA designated) SN/A 2B Armenian(Eastern and Western)ICA designated) SN/A 3B Bengali SNIA 4B Cantonese(CA designated) SN/A 5B Chinese(Traditional and Simplified) SN/A 68 Dan SN/A 78 Fare SN/A 88 Hindi SN/A 98 Hn n g SNIA NB Indonesian SNIA 118 Japanese(CA designated) MIA 128 Khmer ICA designated) SNIA 1313 Korean(CA designated) SN/A 148 Laagan SN/A 16B Mien SN/A 176 Nepali SNfA 188 Polish 5N/A 1 gB Portuguese(CA designated) SNIA 20B Punjabi(CA designated) 5N/A 21B Romance SN/A 22B Russian(CA designated) SN/A 23B Serbian SN/A 2413 Spanish(CA designated) $020 258 Tagalog(CA designated) SN/A 26B Turkish SN/A 278 Vietnamese(CA designated) SN/A GRAND TOTAL 5 150.20 (SUM OF ALL LINES.ABOVE;ASL,1A-27A 619.278) MINIMUM WORK REQUIREMENTS PER JOB (If applicable) MIN.NO.OF HOURS/WORDS(IF ANY) American Sign Language ASL (enter net.number of hours a rate per hour) SN/A Interpretation Services INT (enter min.number of hours a rate per hour) 5300 Translation Services TRSL (enter min.number of words a price per word) 550 MIN.NO.OF TOTAL CLOSED-CAPTIONED SERVICES RATE PER HOURS- UNIT (Options/Services). HOUR/WORD WORDS COST ASL (enter non.number of hours x rate per hour) 5 N/A X N/A SN/A Any language acted herein.slandered rate 5150 X 2 S300 Signature page on next page NOTE:Submission of this Proposal nil be taken as contusive evidence that the Contractor has made a careful examination of the Scope of Services and Attachments. IPROPOSERRESPONSE PREPARED AND'ACKNOWI:'EDGED BY- - n.:: 'Ra +3 =Sn d REQUEST FOR CLARIFICATION PRICING PROPOSAL Contractor shell base all costs on an'Houdy Rate"schedule for work performed in accordance with the Scope of Services(Attachment I)of this RFP. The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto;and in conformity with the terms and conditions,hereby proposes to the City of Santa Am the following: ITEM DESCRIPTION/SPECIFICATION UNIT COST(PER HOUR) CESAR VARGAS&ASSOCIATES(A OSA OF MENTE.!NC., COMPANY NAME CESAR A VARGAS EXECUTIVE DIRECTOR INT NAME TITLE 4 erza¢oza SIGNATURE GATE Ac RO o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM,°DIYYVY) 44.—/ 07/22/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER♦ L.. coaracT Sariah Devereaux-Barrlentos Stattefarm PHONE FAX Sariah Devereaux-Bardentos (A/C.No,Ext1: 714-541-7280 RIC,No): 0O1417 S.Broadway Dews: sariah.devereaux,t81b@statefarm.com s INSURER(S)AFFORDING COVERAGE NAIC d Santa Ana CA 92707 INSURER A: State Farm General Insurance Company 25151 INSURED INSURER B CESAR VARGAS AND ASSOCIATES INSURER c: DQA MENTE,INC. INSURER D: 12664 CHAPMAN AVE UNIT 1419 INSURER E: GARDEN GROVE CA 928404034 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD SUB POLICY EFH POLILYEXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER (MMIDDIVYVY) IMMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Eaoccunence) $ 300,000! --_ _ MED EXP(Any one person) $ 5,000 A Y Y 92-EK-V825-4 05/16/2024 05/16/2025 PERSONAL INJURY $ 1,000,000 _w-__- —„ Y GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT X LOG PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: $ AUTOMOBILE UABILITY COMBINED SINGLE LIMIT fEe accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED — SCHEDULED AUTOSONLY AUTOS BODILY INJURY(Per accident) $ HIRED UOSNON-OWNEDOL Per aE AGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTEI FR $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED/ N/A $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTA ANA RISK MANAGEMENT DIVISION AGREEN ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLZ AUTHORIZED REPRESENTATIVE SANTA ANA CA 92701-4058 This form was system-generated on 07l2212024 .l ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001486 2005 155279 205 01-19-2023 ACO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4%...-/ 09/10/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME BIBERK PHONE FAX P.O. Box 113247 IA/C.No.Eat (A/C,(A/C,No 203-654-3613 Stamford, CT 06911 ADDRESS customerservice@biBERK.com INSURER(S)AFFORDING COVERAGE NAIC If INSURER A: Berkshire Hathaway Direct Insurance Company 10391 INSURED INSURER B: Cesar Vargas &Associates DBA- MENTE, Inc. INSURER C: INSURER D: 8502 E Chapman Ave # 302 INSURERE: Orange, CA 92869 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD1WYY) (MM/DDWYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&AOV INJURY $ GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY j'RDT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON•OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per ecddeM) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ - i $ WORKERSCOMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE R YIN ANYPROPRIETOR/PARTNER/EXECUTIVE NIA , E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE $ It yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ Professional Liability (Errors & Per Occurrence/ $1,000,000/ A Omissions): Claims-Made N9PL670418 10/01/2024 10/01/2025 Aggregate $2,000,000 • • • DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached N more space is required) City of Santa Ana Risk Management Division added as an Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza Santa Ana, CA 92701 -. AUTHORIZED REPRESENTATIVE I @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2010/03) The ACORD name and logo are registered marks of ACORD AD Policy No. 92-EK-V825-4 0810-FB8A cMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4786.1 ADDITIONAL INSURED (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92-EK-V825-4 Named Insured: Cesar Vargas and Associates DBA Mente, Inc. 12664 Chapman Ave Unit 1419 Garden Grove, CA 92840-4043 Name and Address of Additional Insured Person or Organization: The City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 1. SECTION II —WHO IS AN INSURED of b. If coverage provided to the additional SECTION II — LIABILITY is amended to insured is required by a contract or agreement, include, as an additional insured, any the insurance provided to the additional person or organization shown in the insured will not be broader than that which Schedule, but only with respect to liability you are required by the contract or agreement for"bodily injury", 'property damage", or to provide for such additional insured;and "personal and advertising injury" caused, c. If the contract or agreement between you in whole or in part, by: and the additional insured is governed by a.Ongoing Operations California Civil Code Section 2782 or 2782.05, (1) Your acts or omissions; or the insurance provided to the additional (2) The acts or omissions of those acting on insured is the lesser of that which: your behalf; (1) Is allowed for the satisfaction of a in the performance of your ongoing defense or indemnity obligation by operations for that additional insured; or California Civil Code Section 2782 or b. Products—Completed Operations 2782.05 for your sole liability; or "Your work" performed for that additional insured (2) You are required by contract or and included in the "products-completed agreement to provide for such additional operations hazard". insured. However, Paragraph 1.Above is subject to the We have no duty to defend or indemnify the following additional insured under this endorsement until a claim or"suit" is tendered to us. a. The insurance afforded to the additional insured only applies to the extent permitted by law; CMP-4786 1007033 148011 910-3-19 ©,COPYRIGHT,STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 2013 INCLUDES COPYRIGHTED MATERIAL OF INSURANCE SERVICES OFFICE,INC.,WITH ITS PERMISSION. CONTINUED CMP-4786.1 Page 2 of 2 2. Any insurance provided to the additional (3) The nature and location of any insured shall only apply with respect to a injury or damage arising out of the claim made or a "suit" brought for damages "occurrence" or offense; for which you are provided coverage. b. Tender the defense and indemnity 3. With respect to the insurance afforded to of any claim or"suit" to us and to all the additional insured, the following is other insurers who may have added to SECTION II —LIMITS OF insurance potentially available to INSURANCE: the additional insured; and If coverage provided to the additional c. Agree to make available any other insured is required by contract or insurance the additional insured has agreement, the most we will pay on behalf for defense or damages for which of the additional insured will be the lesser of we would provide coverage under the amount of insurance: SECTION II—LIABILITY. a. Required by the contract or agreement; or 5. With respect to the insurance afforded b. Available under the applicable Limits Of the additional insured,the following Insurance shown in the Declarations. replaces SECTION II LIABILITY-of This endorsement shall not increase the paragraph 7. Other insurance of SECTION applicable Limits of Insurance shown in the II-COMMON POLICY CONDITIONS: Declarations. a.This insurance company is primary to and 4. With respect to the insurance afforded to will not seek contribution from any other the additional insured, the following is insurance available to the additional insured added to Paragraph 3. Duties In The Event is a named insured under such other Of Occurrence, Offense, Claim Or Suit of insurance. SECTION II —GENERAL CONDITIONS: b. regardless of any agreement between you The additional insured must: and the additional insured, this insurance a. See to it that we are notified as soon as excess over any other insurance whether practicable of an "occurrence" or an offense primary, excess, contingent or on any other which may result in a claim. To the extent basis for which the additional insured has possible, notice should include: been added as an additional insured on other (1) Flow, when and where the "occurrence" policies. or offense took place; There will be no refund of premium in the (2)The names and addresses of any injured event this endorsement is cancelled. persons and witnesses; and All other policy provisions apply. CMP-4786 1007033 148011 910-3-19 ,COPYRIGHT,STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 2013 INCLUDES COPYRIGHTED MATERIAL OF INSURANCE SERVICES OFFICE,INC.,WITH ITS PERMISSION. CONTINUED AD Policy No. 92-EK-V825-4 0810-FB8A CMP-4785.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4786.1 ADDITIONAL INSURED (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92-EK-V825-4 Named Insured: Cesar Vargas and Associates DBA Mente, Inc. 12664 Chapman Ave Unit 1419 Garden Grove, CA 92840-4043 Name and Address of Additional Insured Person or Organization: The City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 1. SECTION II —WHO IS AN INSURED of b. If coverage provided to the additional SECTION II — LIABILITY is amended to insured is required by a contract or agreement, include, as an additional insured, any the insurance provided to the additional person or organization shown in the insured will not be broader than that which Schedule, but only with respect to liability t you are required by the contract or agreement for"bodily injury", "property damage", or ' to provide for such additional insured; and "personal and advertising injury" caused, c. If the contract or agreement between you in whole or in part, by: and the additional insured is governed by a. Ongoing Operations California Civil Code Section 2782 or 2782.05, (1) Your acts or omissions;or the insurance provided to the additional (2) The acts or omissions of those acting on insured is the lesser of that which: your behalf; (1) Is allowed for the satisfaction of a in the performance of your ongoing defense or indemnity obligation by operations for that additional insured; or California Civil Code Section 2782 or b. Products—Completed Operations 2782.05 for your sole liability; or "Your work" performed for that additional insured (2) You are required by contract or and included in the "products-completed agreement to provide for such additional operations hazard". insured. However, Paragraph 1. Above is subject to the We have no duty to defend or indemnify the following additional insured under this endorsement until a claim or"suit" is tendered to us. a.The insurance afforded to the additional insured only applies to the extent permitted by law; CMP-4786 1007033 148011910-3-19 ©,COPYRIGHT,STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 2013 INCLUDES COPYRIGHTED MATERIAL OF INSURANCE SERVICES OFFICE,INC.,WITH ITS PERMISSION, CONTINUED CMP-4786.1 Page 2 of 2 2. Any insurance provided to the additional (3) The nature and location of any insured shall only apply with respect to a injury or damage arising out of the claim made or a "suit" brought for damages "occurrence" or offense; for which you are provided coverage. b. Tender the defense and indemnity 3. With respect to the insurance afforded to of any claim or"suit" to us and to all the additional insured, the following is other insurers who may have added to SECTION II — LIMITS OF insurance potentially available to INSURANCE: the additional insured; and If coverage provided to the additional c. Agree to make available any other insured is required by contract or insurance the additional insured has agreement, the most we will pay on behalf for defense or damages for which of the additional insured will be the lesser of we would provide coverage under the amount of insurance: SECTION II—LIABILITY. a. Required by the contract or agreement; or S. With respect to the insurance afforded b. Available under the applicable Limits Of the additional insured,the following Insurance shown in the Declarations. replaces SECTION II LIABILITY-of This endorsement shall not increase the paragraph 7. Other insurance of SECTION applicable Limits of Insurance shown in the II-COMMON POLICY CONDITIONS: Declarations. a.This insurance company is primary to and 4. With respect to the insurance afforded to will not seek contribution from any other the additional insured, the following is insurance available to the additional insured added to Paragraph 3. Duties In The Event is a named insured under such other Of Occurrence, Offense,Claim Or Suit of insurance. SECTION II —GENERAL CONDITIONS: b. regardless of any agreement between you The additional insured must: and the additional insured, this insurance a. See to it that we are notified as soon as excess over any other insurance whether practicable of an "occurrence" or an offense primary, excess, contingent or on any other which may result in a claim. To the extent basis for which the additional insured has possible, notice should include: been added as an additional insured on other (1) How, when and where the "occurrence" policies. or offense took place; There will be no refund of premium in the (2)The names and addresses of any injured event this endorsement is cancelled. persons and witnesses;and All other policy provisions apply. CMP-4786 1007033 148011910-3-19 ©,COPYRIGHT,STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 2013 INCLUDES COPYRIGHTED MATERIAL OF INSURANCE SERVICES OFFICE,INC.,WITH ITS PERMISSION. CONTINUED ANINNIMMWM Cesar Vargas&Associates w August 1, 2024 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Cesar Vargas &Associates, a DBA of MENTE, Inc., has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Cesar Vargas & Associates attests to the following: 1. Cesar Vargas &Associates will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. Cesar Vargas &Associates will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. 3. Cesar Vargas &Associates consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Cesar Vargas &Associates is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of$1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. C,41,1 Cesar Vargas Executive Director Cesar Vargas &Associates 714.987.2889 cavargas@hotmail.com CITY OF SANTA ANA , _;:T, RISK MANAGEMENT diaiaiacc eic HUMAN RESOURCES f ',- Managing Risk through Positive Change , 4(617-V: Affidavit of Exemption for Workers' Compensation Insurance Cesar A. Vargas, Executive Director hereby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of MENTE, Inc. - Cesar Vargas&Associates that during the term (Consultant/Company Name) of my contract for Translation/Interpretation services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: August 1, 2024 Print Name: Cesar A. Vargas Print Title: Executive Director Signature: Caeb', 'y'-) Telephone: 714-987-2889 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. I:\Risk Mgmt\Insurance Requirements\Affidavit of Exemption for Workers'Compensation Insurance 2021 Ornelas, Megan From: RMD Sent: Tuesday, September 10, 2024 11:41 AM To: Ornelas, Megan Subject: RE: Purchasing Request: Request for COI Review: Cesar Vargas and Associates Attachments: CESAR VARGAS AND ASSOCIATES 24-25.pdf Approved. Angie Acevedo I Risk Management Technician 1 City of Santa Ana - Human Resources Department r 20 Civic Center Plaza I Santa Ana, CA 92701 II o Ill Office: 714-647-5470 SANTA ANA Email: aacevedo(a�santa-ana.orq City Hall hours are 7:30 am to 5:30 pm, Monday through Thursday and 8:00 am to 5:00 pm every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. Download the App: 1 Download on th< Gt.-it CHI App Store Google play Click here to report an issue directly from the City website. From: Ornelas, Megan <mornelas@santa-ana.org> Sent:Tuesday, September 10, 2024 10:32 AM To: RMD<rmd@santa-ana.org> Subject: RE: Purchasing Request: Request for COI Review: Cesar Vargas and Associates Hi Risk Team, Please see the attached Professional Liability Insurance for Cesar Vargas & Associates, and I've also included the all other INS docs for reference. Thank you so much, and have a great day! Kind Regards, Megan Ornelas i City of Santa Ana Buyer Ext: 5466 From: RMD <rmd@santa-ana.org> Sent:Thursday, September 5, 2024 8:09 AM To: Ornelas, Megan <mornelas@santa-ana.org> Subject: RE: Purchasing Request: Request for COI Review: Cesar Vargas and Associates Please request proof of the insurance policy highlighted below. Minimum scope and 1.irnit urinsurance. • Commercial General Liability (CGL): insurance Services Office Foam CG 00 01covering COL on an -occurrence" basis. including products and completed operations- property damage. bodily injury and personal R advertising injury with limits no less than SI.000.000 per occurrence and S2.000,000 aggregate Required polity limits can be met with primacy and umbrella excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 coveting Code I (arty amto),with limits no less than S1.000.000 combined single limits.In the event Consultant does not maintain conunercial automobile liability insurance. City will accept evidence of personal automobile insurance. • Workers'Compensation:as required by the State of California.with Stamtary Limits. and Employer's Liability Insurance with limit of no less than S1.000.000 per accident. policy or employee.for bodily injury or disease.Coverage is no:required if Consultant has no employees and signs request to waive such insurance • Professional Liability Iiaaurancet with limns no less than S 1.000.000 per or cLm: .ra[d S:,000.000 aggregate Angie Acevedo I Risk Management Technician \ City of Santa Ana - Human Resources Department i 20 Civic Center Plaza I Santa Ana, CA 92701 1:1 Office: 714-647-5470 SANTA ANA ''t Email: aacevedo a(�santa-ana.orq City Hall hours are 7:30 am to 5:30 pm,Monday through Thursday and 8:00 am to 5:00 pm every other Friday. Click here fora list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand!The free app allows residents to quickly and easily report issues to the City,access City services, and find news and events. Download the App: > Download on the Get it on App Store Go ogle play Click here to report an issue directly from the City website. From: Ornelas, Megan <mornelas@santa-ana.org> Sent:Wednesday, August 28, 2024 9:15 AM To: RMD <rmd@santa-ana.org> Subject: Purchasing Request: Request for COI Review: Cesar Vargas and Associates Importance: High Good Morning RMD, Please see the attached draft agreement for Translation and Interpretation Services. This will be an aggregate agreement, and this the third of four requests to be submitted today. The intended City Council Meeting is 10/1/2024, and if you have any additional questions please feel free to contact me. Thank you so much, and have a wonderful rest of your day! Directions for submitting: 1. One (1) Contractor or Agreement per submission. 2. Complete Subject Line by entering Contractor/ Vendor name. 3. Complete email template and attach documents: 2 a. For Standard COI Review attach insurance documents and relevant documents including agreement, contract, PO/quote, waivers, application, permit, etc. b. For New Contractor or New Agreement attach Agreement 4. You will receive an auto reply confirming receipt of request. 5. Risk Management will monitor the progress of request and notify sender upon approval. 6. If you have questions, please call Risk Management at x5470. Request Type (check only one): X New Contractor or New Agreement— Risk Management will request insurance documents from Contractor/Insured Contact in accordance with agreement. City Contact Department: Purchasing-FMSA Project Manager Name: Megan Ornelas Project Manager Email: MOrnelas(a�santa-ana.org Contractor/Insured Contact Business Name: Mente Inc., DBA Cesar Vargas and Associates Agreement Number and Draft agreement with CAO Sig attached hereto Agreement Link: — and is attached to RFP 24-022A Vendor Contact Name: Cesar Vargas Vendor Contact Phone: 714-987-2889 Vendor Email Address: cavargas a(�hotmail.com Insurance Contact (may be found at top right of ACORD form) Contact Name: Sariah Devereaux-Barrientos Contact Phone: 714-541-7280 Contact Email Address: sariah.devereaux.t8lb(c�statefarm.com All fields required to advance the process—do not delete or modify. 3