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Agenda Item
ASR
Control 19-000661 |
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MEETING DATE: |
06/25/19 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Registrar of Voters
(Approved) |
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Department contact
person(s): |
Neal Kelley (714) 567-5139 |
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Kim Golden (714) 567-5107 |
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Subject: Approval of Contracts for
Translation Services
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
FY 2019-20 $350,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 05/05/2015
#51 |
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RECOMMENDED ACTION(S):
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1. |
Authorize the County Procurement Officer or authorized Deputy to execute three-year contracts with Corporate Translation Services, Inc. DBA Language Link and United Language Group for translation services, effective July 1, 2019, through June 30, 2022, for an amount not to exceed $1,050,000, renewable for two additional one-year periods in an amount not to exceed $350,000 per year. |
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2. |
Authorize the County Procurement Officer or authorized Deputy to make future non-monetary and non-material changes to the contract including the scope of work pursuant to the 2017 Contract Policy Manual, Section 3.1-104. |
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3. |
Pursuant to Contract Policy Manual Section 3.3-113, authorize County Procurement Officer or authorized deputy to exercise a contingency contract cost increase, not to exceed a total of 10 percent of the contract amount for the first year of the contract, for the entire term of the contract, including renewals, and within the scope of work set forth in the contract. The use of this contingency contract cost increase is subject to approval requirements established by the County Procurement Officer. |
SUMMARY:
Award of contracts with Corporate Translation Services, Inc. DBA Language Link and United Language Group to provide written translation of ballots and other election materials will ensure the ability of the Registrar of Voters to provide legally required election materials in a timely manner.
BACKGROUND INFORMATION:
Sections 203 and 4(f)(4) of the Federal Voting Rights Act require that when a political division, “...provides registration or voting notices, forms, instructions, assistance, or other materials of information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language.” The County’s languages – Chinese (Traditional), Korean, Spanish and Vietnamese – were originally determined using data by the Census Bureau on July 26, 2002, and updated using data from the 2010 American Community Survey, based upon the formula set out in the Voting Rights Act. Tagalog, Japanese, Hindi and Khmer were subsequently added to the list of targeted languages by the California Secretary of State. In 2018, the Secretary of State identified support for only Tagalog and Farsi (Persian), no longer requiring support in Hindi, Japanese and Khmer.
California Elections Code § 14111 states, “Translations of the ballot measures and ballot instructions, as required by § 14201, shall be provided by a person selected by the elections official who is one of the following: (a) certified Administrative Office of the United States Courts, (b) an interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts, (c) from an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education, (d) a current voting member in good standing of the American Translators Association, (e) a current member in good standing of the American Association of Language Specialists.”
In January 2015, the Registrar of Voters conducted a Request for Proposals (RFP) for Written Translation of Ballots and Other Election Materials. The RFP resulted in a Board approved contract with awards to Corporate Translation Services, Inc. DBA Language Link (Language Link), 1-Stop Asia, and Merrill Communications LLC on May 05, 2015.
On January 28, 2019, a RFP for Written Translation of Ballots and Other Election Materials was released and advertised on the County's online bidding system. Seventeen responsive proposals were received by the deadline of March 1, 2019, at 4 p.m. PST. A five-member Evaluation Committee reviewed the proposals based on their ability to provide accurate translations; meet required deadlines and timeframes; demonstrate experience, qualifications and certifications; implement the Scope of Work; meet quality and compliance standards; and meet County Model Contract Terms, Conditions, Attachments and Exhibits as outlined in the RFP.
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Proposer
Name |
Total Points
(300 Point Maximum) |
Proposer
Ranking |
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United Language Group |
268 |
1 |
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Language Link |
253 |
2 |
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LinguaLinx Language Solutions, Inc. |
238 |
3 |
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TransPerfect Translations International Inc |
237 |
4 |
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Hanna Interpreting Services LLC |
231 |
5 |
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Interpreters Unlimited, Inc. |
222 |
6 |
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Avantpage, Inc. |
215 |
7 |
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Cal Interpreting & Translations, Inc. |
215 |
8 |
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Propio LS LLC |
212 |
9 |
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Geneva Worldwide, Inc. |
205 |
10 |
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CyraCom International, Inc. |
199 |
11 |
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Translation and Simultaneous Interpreting |
190 |
12 |
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Daniel Shamebo Sabore DBA Languages Translation Services |
181 |
13 |
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Andinas DBA inlingua Utah |
180 |
14 |
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Accent on Languages, Inc. |
174 |
15 |
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Linguava Interpreters, Inc. |
157 |
16 |
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Terra Translations LLC |
146 |
17 |
The highest two scoring proposers, Language Link and United Language Group are recommended by the Evaluation Committee for selection by your Board of Supervisors. Department staff have conducted due diligence on the two proposers. Language Link has been providing translation services to the County of Orange for the last eight years and has been providing quality and timely translation services. Language Link’s performance under the current contract has been confirmed as at least satisfactory. Additional reference checks for Language Link were satisfactory and completed with Kern County’s Chief Deputy Registrar of Voters, Abbe Shugart and City of Irvine’s Assistant City Clerk, Carl Petersen. United Language Group has experience providing written translations of election materials within tight timeframes. Reference checks for United Language Group were satisfactory and completed with Santa Clarita Registrar of Voters, Liz Oviedo and Fresno County Clerk, Registrar of Voters, Brandi Orth.
The Registrar of Voters (ROV) is recommending selection and Agreements with two translation services vendors due to the increase in the number, frequency, and complexity of election material that needs to be translated. The two vendors will provide additional capacity and back-up alternatives to the County for large and small elections. These agreements provide for a total aggregate amount of $1,050,000 during their initial three-year terms. ROV will return to the Board for the two one-year renewals of the agreements in an amount not to exceed $350,000 per year.
Nonstandard Indemnification Provision
Minor exception was taken to the insurance provisions. CEO/Risk Management and County Counsel have approved the contract terms and determined the risk was acceptable Attachment C is the Risk Assessment Form as approved by CEO/Risk Management.
These contracts do not currently include subcontractors or pass through to other providers. See Attachment E for Contract Summary Form.
FINANCIAL IMPACT:
Appropriations for this Contract will be included in the FY 2019-20 Budget and will be included in the budgeting process for future years.
The contracts contain language allowing the Registrar of Voters to terminate the contracts without penalty with cause or after 30 days of written notice without cause in the event that funding is reduced and/or not available to continue funding the contracts.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Contract MA-031-19011571 CTS
Attachment B – Contract MA-031-19011571 ULG
Attachment C – Risk Assessment Form
Attachment D – Final Scoring Sheets
Attachment E – Contract Summary Form