HomeMy WebLinkAbout24-183 - Dynamic Languages - Language Translation ServicesContract Number: 24-183
Council Approval N/A
This Agreement is entered into by and between the City of TLLkwila . Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and ynaml C Langu ge , hereinafter
referred to as "the Contractor," whose principal office is located at
Seattle, WA
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $1,194-02 at a! rate of
$0.20/word plus fees (See Exhibit B)
3. _Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duratmon_of Aareement, This Agreement shall be in full force and effect for a period commencing
October 11, 2024 and ending_ November 16...20 24 , unless
sooner terminated under the provisions hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 4
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keepina and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10, Termination, This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. Assianment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13, Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor and supersedes all prior
negotiations, representations, or agreements written or oral. No amendment or modification of this
Agreement shall be of any force or effect unless it is in writing and signed by the parties.
CA Revised May 2020 Page 3 of 4
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which
by their sense and context are reasonably intended to survive the completion, expiration or cancellation
of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Annlicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
Dated this 4th day of
CITY OF TUKWILA
December 2024.
Signed by -
V, hj(jjL1/22/2024 1 1:38 PM PST
Brandon Miles, Director of Strategic Initiatives
ATTEST/AUTHENTICATED:
Signed by:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Signed by:
�((,,.1, 0-4. sem.
A-41-CsE ...
Office of the City Attorney
CONTRACTOR:
S
igned by:
By: '
S 11/19/2024 1 12:35 PM PST
Printed Name: take Legas
Title: Account Manager
Address:
CA Revised May 2020 Page 4 of 4
Dynamic Language
113 Cherry Street
#27472
Seattle, WA 98104-2205
City of Tukwila
Jo Anderson
Jo.Anderson@TukwilaWA.gov
6200 Southcenter Boulevard
Tukwila, WA 98188
EXHIBIT A
Phone: 206-244-6709
Fax: 206-243-3795
Order No Contact Telephone Email
0-24-08747 Sofia Lecot 206-397-8077 sofial@dynamiclanguage.com
Invoice
Subject
Q-24-08790-01
Translation, Editing and Proofreading - English into Spanish (Mexican) - 3 Word files listed below.
Timeline: 3-5 business days upon approval.
Deliverables: MS Word + PDF.
PO Number
Date
10-11-2024
Item Quantity Unit / Service Unit Price Price in USD
1. English/Spanish (Mexico) - Q-24-08790-01 1,012.20
5044 Words Translation (New) 0.20 1,008.80
68 Words Translation Repetitions 0.05 3.40
Subtotal
Total Price
Payment for this invoice is due by 11-10-2024.
Please review Terms and Conditions on the following page.
Page 1 1
1,012.20
1,012.20
TERMS AND CONDITIONS PER PROJECT QUOTE
Dynamic Language will perform the services described. The quote is subject to change if the source
files are updated and/or additional files are provided. The work described in this quote constitutes
the scope of the project. Any change to that scope could result in additional charges. Additional
charges will require client authorization. This quote is valid for 30 days. Projects approved beyond
30 days of estimate creation are subject to re -estimation. Payment will be due upon receipt unless
specified elsewhere on this form. Invoices not paid within 30 days will be billed a 1.5% finance
charge. An invoice with a link for credit card payments can be issued.
The quoted fee includes digital file delivery only. Should a hardcopy or other physical media be
necessary for delivery, an additional charge may be necessary. Project files may be stored for future
reference, unless immediate deletion is requested by the client. Re -delivery of archived project files
may incur additional fees. Rush charges apply according to requested time frame (with customer's
approval.)
Client Review: This quote includes one round of edits by the client when made directly after
translation. The review/editing by the client is not included in the time frame stated above. Edits or
changes must be submitted in electronic format (e.g., track changes in Word, annotated PDF or
submitted online in our translation software program). Additional changes will be accepted and will
be charged at an hourly rate. Any changes to the source content, or changes that are stylistic in
nature will incur additional fees. Dynamic Language reserves the right to invoice for work
completed at start of the client review process.
Acceptance of Work: The Client will have twenty (20) business days after receipt of the
work/deliverable to note any errors or omissions. After this reasonable inspection period has
passed, the work/deliverable will be considered accepted as delivered and Dynamic Language will
not be held responsible for any subsequently discovered errors or omissions. Further, the level of
liability will be limited to the total amount of the project quote. Under no circumstances will
Dynamic Language be responsible for any costs related to relabeling, reshipping, recalling items in
connection with translation services provided. This limitation of liability is applicable to all services
provided by Dynamic Language, whether pursuant to a particular quote or as a supplemental
request for services outside the scope of a particular quoted project.
Record Retention and Data Privacy: Dynamic Language will retain records directly related to the
delivery of services for a maximum period of 2 years after delivery unless otherwise specified in the
customer master service agreement or applicable contract. State, federal, international, and other
applicable compliance requirements will apply—email questions to
data privacyedyna m iclanguage.com.
Cancellation: Once approval has been received, the client shall be responsible for all incurred
expenses. For cancellation of Audio/Visual projects, a minimum of 48 hours is required.
Page 1 2
Dynamic Language
113 Cherry Street
#27472
Seattle, WA 98104-2205
City of Tukwila
Julie Hatley
julie.hatley@tukwilawa.gov
6200 Southcenter Boulevard
Tukwila, WA 98188
Contact/Project Manager Phone
Sofia Bono +1206-493-1628
i"1111 i' 1111 1111111
Hi Julie,
Phone: 206-244-6709
Fax: 206-243-3795
Account Manager:
Jake Legas
jake@dynamiclanguage.com
+1206-493-1616
E-mail Date
sofiab@dynamiclanguage.com 10-17-2024
Thank you for your project request on 10-17-2024. We are pleased to provide the following quote:
Q-24-09101-01- 2025 -TLS -Notice -to -Employees -English
Translation, Editing, Proofreading and Desktop Publishing - English into Spanish, Vietnamese and Somali - 1 PDF file listed
below.
Timeline: 4 business days upon approval.
Deliverables: MS Word + PDF
Item Quantity
Unit / Service
Unit Price
Price in USD
1. English/Somali - Q-24-09101-01-
2025 -TLS -Notice -to -Employees -English
53.32
53.00
30
Words Translation (New)
0.20
6.00
8
Words Translation 75-84% Match
0.12
0.96
36
Words Translation 85-94% Match
0.12
4.32
71
Words Translation 95-99% Match
0.12
8.52
144
Words Translation 100% Match
0.05
7.20
70
Words Translation Repetitions
0.05
3.50
198
Words Translation Context TM
0.00
0.00
0.5
Hour(s) DTP
45.00
22.50
2. English/Spanish (United States) - Q-24-09101-01- 2025 -TLS -Notice -to-
53.32
Employees -English
34
Words Translation (New)
0.20
6.80
8
Words Translation 75-84% Match
0.12
0.96
34
Words Translation 85-94% Match
0.12
4.08
69
Words Translation 95-99% Match
0.12
8.28
144
Words Translation 100% Match
0.05
7.20
70
Words Translation Repetitions
0.05
350
198
Words Translation Context TM
0.00
0.00
0.5
Hour(s) DTP
45.00
22.50
Page 1 1
Juan.
DYNAMIC
3. English/Vietnamese - Q-24-09101-01- 2025 -TLS -Notice -to -Employees- 53.00
English
30 Words Translation (New) 0.20 6.00
8 Words Translation 75-84% Match 0.12 0.96
36 Words Translation 85-94% Match 0.12 4.32
71 Words Translation 95-99% Match 0.12 8.52
144 Words Translation 100% Match 0.05 7.20
70 Words Translation Repetitions 0.05 3.50
198 Words Translation Context TM 0.00 0.00
0.5 Hour(s) DTP 45.00 22.50
4. File Prep 22.50
0.5 Hour(s) DTP 45.00 22.50
Total USD 181.82
This quote is valid until 11-16-2024. This is only a quote, and not for payment. An invoice will be sent upon completion of the
project.
We look forward to receiving your approval.
Yours sincerely,
Sofia Bono
A list of the files used in this quote are below:
'2025-TLS-Notice-to-Employees-English.docx'
Please review Terms and Conditions on the following page.
Page 1 2
TERMS AND CONDITIONS
Dynamic Language will perform the services described above. The quote is subject to change if the
source files are updated and/or additional files are provided. The work described in this quote
constitutes the scope of the project. Any change to that scope could result in additional charges.
Additional charges will require client authorization. This quote is valid for 30 days. Projects
approved beyond 30 days of estimate creation are subject to re -estimation. Payment will be due
upon receipt unless specified elsewhere on this form. Invoices not paid within 30 days will be billed
a 1.5% finance charge. An invoice with a link for credit card payments can be issued. Projects
totaling $500 or less are due upon receipt. All projects exceeding $7,000 in total will require a 50%
deposit on approval.
The quoted fee includes digital file delivery only. Should a hard copy or other physical media be
necessary for delivery, an additional charge may be necessary. Project files may be stored for future
reference unless immediate deletion is requested by the client. Re -delivery of archived project files
may incur additional fees. Rush charges apply according to the requested time frame (with
customer approval.)
Client Review: This quote includes one round of edits by the client when made directly after
translation. The review/editing by the client is not included in the time frame stated above. Edits or
changes must be submitted in electronic format (e.g., track changes in Word, annotated PDF or
submitted online in our translation software program). Additional changes will be accepted and will
be charged at an hourly rate. Any changes to the source content, or changes that are stylistic in
nature will incur additional fees. Dynamic Language reserves the right to invoice for work
completed at the start of the client review process.
Acceptance of Work: The Client will have twenty (20) business days after receipt of the
work/deliverable to note any errors or omissions. After this reasonable inspection period has
passed, the work/deliverable will be considered accepted as delivered and Dynamic Language will
not be held responsible for any subsequently discovered errors or omissions. Further, the level of
liability will be limited to the total amount of the project quote. Under no circumstances will
Dynamic Language be responsible for any costs related to relabeling, reshipping, or recalling items
in connection with translation services provided. This limitation of liability is applicable to all
services provided by Dynamic Language, whether pursuant to a particular quote or as a
supplemental request for services outside the scope of a particular quoted project.
Record Retention and Data Privacy: Dynamic Language will retain records directly related to the
delivery of services for a maximum period of 2 years after delivery unless otherwise specified in the
customer master service agreement or applicable contract. State, federal, international, and other
applicable compliance requirements will apply—email questions to
dataprivacy@dynamicianguage.com.
Cancellation: Once approval has been received, the client shall be responsible for all incurred
expenses. For cancellation of Audio/Visual projects, a minimum of 48 hours is required.
Page 1 3
Washington State EXHIBIT B
DEPARTMENT OF
ENTERPRISE SERVICES
04218 — Translation Services — Written Word
Dynamic Language Center - Pricing Sheet
(Reference Exhibit B, Statewide Contract)
Category 2: Publications
Line Item
Price ($)
Normal Rate - Price per Word
$0.21
Rush Rate - Price per Word
$0.25
Project Minimum - Normal
$12.50
[Minimum charge per project]
Project Minimum - Rushed
$16.00
[Minimum charge per project]
Hourly Rate for Desktop Publishing -Normal
$45.00
[For work on translations not related to translating, such as
publishing, imaging, etc.]
Hourly Rate for Desktop Publishing - Rushed
$55.00
[For work on translations not related to translating, such as
publishing, imaging, etc.]
Proof Reading Price Per Word - Normal
$0.09
[Reviewing existing translated work]
Proof Reading Price Per Word - Rushed
$0.12
[Reviewing existing translated work]
Rekeying Price Per Word
$0.08
[Process of entering text provided by customer into any language
into a new or existing document]
Category 3: Auto Generated Text
Line Item
Price ($)
Normal Rate - Price per Word
$0.20
Rush Rate - Price per Word
$0.24
Project Minimum - Normal
$12.50
[Minimum charge per project]
Project Minimum - Rushed
$16.00
[Minimum charge per project]
Hourly Rate for Desktop Publishing -Normal
$45.00
[For work on translations not related to translating, such as
publishing, imaging, etc.]
Hourly Rate for Desktop Publishing - Rushed
$55.00
[For work on translations not related to translating, such as
publishing, imaging, etc.]
Page 1 of 3
Proof Reading Price Per Word - Normal
$0.09
[Reviewing existing translated work]
Proof Reading Price Per Word - Rushed
$0.12
[Reviewing existing translated work]
Rekeying Price Per Word
$0.08
[Process of entering text provided by customer into any language
into a new or existing document]
Category 4: General Information Documents
Line Item
Price ($)
Normal Rate - Price per Word
$0.20
Rush Rate - Price per Word
$0.24
Project Minimum - Normal
$44.00
[Minimum charge per project]
Project Minimum - Rushed
$49.00
[Minimum charge per project]
Hourly Rate for Desktop Publishing -Normal
$45.00
[For work on translations not related to translating, such as
publishing, imaging, etc.]
Hourly Rate for Desktop Publishing - Rushed
$55.00
[For work on translations not related to translating, such as
publishing, imaging, etc.]
Proof Reading Price Per Word - Normal
$0.09
[Reviewing existing translated work]
Proof Reading Price Per Word - Rushed
$0.12
[Reviewing existing translated work]
Rekeying Price Per Word
$0.08
[Process of entering text provided by customer into any language
into a new or existing document]
Category 5: Client Specific or Locally Generated Documents
Line Item
Price ($)
Fill -In Translation Requests: Principal Languages, Normal
$0.17
Fill -In Translation Requests: Non -Principal Languages, Normal
$0.21
Full Translation Requests: Principal Languages, Normal
$0.16
Full Translation Requests: Principal Languages, Rushed
$0.20
Full Translation Requests: Non -Principal Languages, Normal
$0.20
Full Translation Requests: Non -Principal Languages, Rushed
$0.24
Project Minimum - Normal
$11.65
[Minimum charge per project]
Project Minimum - Rushed
$15.00
[Minimum charge per project]
Page 2 of 3
Proof Reading Price Per Word - Normal
[Reviewing existing translated work]
$0.09
Proof Reading Price Per Word - Rushed
$0.12
[Reviewing existing translated work]
Rekeying Price Per Word
$0.12
[Process of entering text provided by customer into any language
into a new or existing document]
Page 3 of 3