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HomeMy WebLinkAboutItem 10 - Agreements for Court Reporting and Transcription ServicesHuman Resources www.santa-ana.org/human-resources Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 16, 2024 TOPIC: Approve Agreements for Court Reporting and Transcription Services AGENDA TITLE Aggregate Agreements for Court Reporting and Transcription Services with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. in an Aggregate Amount Not to Exceed $250,000 (Specification No. 24-034) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute aggregate agreements with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. to provide court reporting and transcription services for a three-year term beginning July 16, 2024 and ending July 15, 2027, with provisions for two, one-year extensions, in an amount not to exceed $250,000 (Core Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City maintains continued need for ongoing court reporting and transcription services. These agreements will provide the Human Resources Department with the necessary resources to efficiently meet the expanded court reporting and transcription needs of the City's administrative hearings, including, but not limited to, Personnel Board hearings on an as needed -basis. Staff recommends approval of the agreements to provide court reporting and transcription services in an efficient manner, on an as needed -basis by the City. This on -call service agreement does not guarantee work for the vendor. The Request for Proposals (RFP) No. 24-034 was issued on February 29, 2024, on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 185 Vendors notified 18 Santa Ana vendors notified 19 Vendors downloaded the RFP packet 2 Proposals received 2 Proposals received from Santa Ana vendors Approve Agreements for Court Reporting and Transcription Services July 16, 2024 Page 2 Proposals were solicited, opened on March 21, 2024, and evaluated. Two proposals were submitted by the RFP deadline and both were determined to be responsible, responsive to the specifications, and met the City's requirements. The evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings: Firm Location Rank Kennedy Court Reporters, Inc. Santa Ana, CA 1 Regal Court Reporting, Inc. Santa Ana, CA 2 Staff recommends awarding agreements to both ranked firms based on the City's projected needs. The proposals submitted by these firms demonstrated they have the necessary capacity and expertise to provide court reporting and transcription services as specified in the RFP. Additionally, the firms' rates are reasonable and within industry standard, and the proposals were determined to provide the best overall value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget. Funds for the agreements for court reporting and transcription services are budgeted and available in the Human Resources Services, Contract Services - Professional expenditure account (no. 01109050-62300) for FY 2024-25 and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. This on -call service agreement does not guarantee work for the vendor. Fiscal Year Accounting Unit - Account No. Fund Description Accounting Unit, Account Description Amount 01109050- Human Resources FY 24-25 General Fund Serv. Contract $50,000.00 62300 Professional 01109050- Human Resources FY 25-26 General Fund Serv. Contract $50,000.00 62300 Professional Approve Agreements for Court Reporting and Transcription Services July 16, 2024 Page 3 01109050- Human Resources FY 26-27 General Fund Serv. Contract $50,000.00 62300 Professional 01109050- Human Resources FY 27-28 General Fund Serv. Contract $50,000.00 62300 Professional 01109050- Human Resources FY 28-29 General Fund Serv. Contract $50,000.00 62300 Professional Total $250,000.00 EXHIBIT{Sl 1. Agreement with Kennedy Court Reporters, Inc. 2. Agreement with Regal Court Reporting, Inc. Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nunez, Acting City Manager CONSULTANT AGREEMENT BEWTEEN KENNEDY COURT REPORTERS, INC. AND THE CITY OF SANTA ANA FOR COURT REPORTING AND TRANSCRIPTION SERVICES THIS AGREEMENT is made and entered into on this 16th day of July, 2024, by and between Kennedy Court Reporters, Inc., a California corporation ("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 29, 2024, the City issued Request for Proposal ("RFP") No. 24-034 seeking to retain a consultant having special skill and knowledge in the field of court reporting and transcription services for the City's Human Resources 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. 24-034. 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 two (2) separate consultants selected to provide services on an on - call basis under RFP 24-034. The total compensation for services provided by all consultants selected under RFP 24-034 shall not exceed the shared aggregate amount of $250,000.00 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 July 16, 2024 and terminate on July 15, 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. 5. 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 also 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 01covering 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. • 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. • 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. • 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. Page 3 of 9 • 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, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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 indemnity and 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 Page 4 of 9 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, recklessness, 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 information 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 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. Page 5 of 9 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 parry, 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 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. Page 6 of 9 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 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, Human Resources City of Santa Ana Page 7 of 9 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Matthew Kennedy Vice President Kennedy Court Reporters, Inc. 920 W. 17th Street, Suite E Santa Ana, California 92706 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 on following page] Page 8 of 9 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BEWTEEN KENNEDY COURT REPORTERS, INC. AND THE CITY OF SANTA ANA FOR COURT REPORTING AND TRANSCRIPTION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Lori Schnaider Executive Director Human Resources CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT — /20,;;; � By. Matthew Kennedy Title: Vice President Page 9 of 9 EXHIBIT A SCOPE OF SERVICES (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Proposer(s) shall perform the services as set forth below. A. General Description The City of Santa Ana ("City") seeks proposals from court reporting agencies to provide court reporting and transcription services for the City of Santa Ana Personnel Board (Board) Hearings. The Board hears employee appeals regarding discipline. The Board's appellate review is a full evidentiary hearing wherein the Board applies its indepentdent judgement to the law, the facts, and to the arguments presented in each case. The Personnel Board meets as needed to hear these appeals. Presently, hearings are conducted in person in the evenings, and are scheduled as needed. The scope of work includes, but is not limited to, the following court reporting services during hearings: B. Availability Selected firms must have the sufficient staff to provide the City with court reporters during evening hours. C. Certified Reporter Selected firms must provide certified shorthand reporters ("CSRs"). The CSRs must be able to provide proof of their certification prior to the hearing for which they are providing services. D. Professional Ability CSRs, provided by selected firms, must be able to accurately keep pace with all persons speaking during hearings and accurately identify the parties speaking. CSRs must be equipped to provide real-time services and recounts during hearings. E. Promptness CSRs, provided by selected firms, must be on time for all hearing proceedings. Specifically, CSRs must plan to be present, in the location of the hearing (with all necessary equipment setup), no less than 10 minutes before the scheduled start time of the hearing. F. Confirmation of Appointment Selected firms must notify the City of the placement of the CSR three business days prior to the scheduled hearing date. If the firm cannot place a CSR they must communicate with the City until they receive acknowledgement that a CSR was not scheduled for the hearing. G. Completed Transcript — Certified Copy and Original — Sealed Copy The firm shall provide an electronic copy within 14 calendar days. As such, the selected firm agrees to hold a copy of the transcript for a minimum of one year after the conclusion of the hearing. A completed transcript must include: (1) certification of original transcript and one copy; (2) condensed transcript ("mini"); and (3) word index. The original transcript must be delivered to the requesting agency no later than 14 calendar days from when it is prepared. City of Santa Ana RFP 24-034 Page 17 of 34 (9) CITY OF SANTA ANA H. Format of Transcripts All hearing transcripts shall be prepared and submitted to the City in PDF format, or if requested on 25-line numbered paper. All hearing transcripts shall be proofread and free of spelling errors prior to submission to the City and should include the CSR's signed certification page. Each hearing exhibit shall have a unique and sequential exhibit name or number. I. Expedited and/or Rough Transcripts When requested, selected firms must provide an expedited rough transcript within as little as 24 hours, up to one week.. J. Invoices for Services Selected firms must prepare an invoice for each hearing conducted in accordance with Exhibit II of the Professional Services Agreement. For expedited work, the invoice must state the name of the person who made the request, time and date of the expedited request. In addition, all invoices must state the date of the hearing, the name of the Personnel Board Secretary, the property address, Personnel Board case number and the appellant's name. K. Reproduction Activity Selected firms must have the ability to reproduce photos, drawings, charts, and graphs used in hearings. The firm must safeguard original exhibits provided by the hearing secretary so as to return them in their original condition and sequences. L. Billing The City shall not pay for costs that do not comply with the fee schedule listed on Attachment A- 2. Services for which there is no additional charge are specified below: Services for which there is no additional charge include, but may not be limited to, the following: a. Handling, processing or administrative fees b. Certification fees c. Parking d. Delivery of certified, expedited transcript via email e. Word indexing (included in per page transcript fee) f. Attachment and handling of original exhibits (but not scanning or copying) g. Notary fee h. Wait time less than 30 minutes i. Travel time j. Mileage k. Administration of oath I. Telephone or Zoom reporting m. Cancellation of court reporter and or videographer services up until 4:OOPM the day before a scheduled assignment City of Santa Ana RFP 24-034 Page 18 of 34 EXHIBIT B CONSULTANT'S PROPOSAL A l F, AA �Vw COURT REPORTERS, INC. Main Office Orange 920W17thSty Table of Contents 920 W 17th Street Second Floor Santa Ana, CA 92706 Cover Letter 2 714.835.0366 Description of Firm 3 Company Information Systems 5 Firm Experience 9 Agreement Statement 11 Relevant Experience and Work History for 12 Certified Court Reporters Organization Chart 15 Staff Resumes 16 NWBOC Certification 30 County of Orange OCLSB Certification 31 State of California DGS Small Business Certification 32 City of Santa Ana Business License Tax Receipt 33 Attachment A-1 — Proposer's Certification 34 Attachment A-2 — Fee Schedule 35 Attachment B — References 36 Attachment C — Proposer's Statement 38 Attachment D — Non -Collusion Affidavit 39 Attachment E — Non -Lobbying Certification 41 Atatchment F — Non -Discrimination Certification 42 A l F, AA �Vw COURT REPORTERS, INC. Main Office Orange County March 25, 2024 920 W 17th Street Second Floor Santa Ana, CA 92706 City of Santa Ana 714.835.0366 Human Resources 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Lori Schnaider, Human Resources Operations Manager TSchnaider(d�santa-ana_org,; CC MOrnelas(a1.santa-ana.org Re: RFP No. 24-034 Dear Lori Schnaider, HR Operations Manager: Kennedy Court Reporters, Inc. appreciates having the opportunity to respond with a proposal to the Proposal as referenced above. We are certain we have a great selection of Certified Shorthand Court Reporters, transcribers, and office staff that can meet all the needs and requirements as set forth in this RFP. Our mailing address is: Kennedy Court Reporters, Inc. Wellington Square 920 West Seventeenth Street, Suite E Santa Ana, California 92706 1 (800) 231-2682 or (714) 835-0366 The individuals primarily responsible for managing the performance of the services requested in this proposal are Mrs. Lori Odell Kennedy, President and Mr. Matthew G Kennedy, Vice President. We can be reached at the Orange County office by telephone at (800) 231-2682. Our legal business status is an S Corporation and we are the individuals that will be negotiating with the City of Santa Ana with respect to this RFP as well as any subsequently awarded contract. Our Tax I.D. No. 95-3817218. Seller's Permit No. 103-127985. California Corporation No. C 1170249. Attached you will find all the information requested in the RRFP. If we can be of further assistance to you, please contact our offices. Sincere y atthew Kennedy Vice President DESCRIPTION OF FIRM Kennedy Court Reporters was established in 1976 by Lori Odell Kennedy. Its board consists of Lori Kennedy, President; Patrick Kennedy, Secretary -Treasurer; and Matthew Kennedy, Vice -President. Registered as an S-Corporation as of March 3, 1983, its FEIN is 95-3817218. Its California Seller's Permit Number is 103-127982, and CA Small Business Certification Number 23063. Lori Kennedy has been a Certified Shorthand Reporter since 1976 and has expertise in virtually every facet of the court reporting industry. Patrick Kennedy has extensive experience in contract management, legal video services, data retention, along with invoicing and billing. He is also a certified LiveNote Trainer. Finally, Matthew Kennedy has been a Certified Shorthand Reporter since 2013 and has extensive experience both as a court reporter and legal videographer, remote video specialist, proofer, scopist, contract analyst, technical advisor, and day-to-day operations manager. KCR's headquarters is located in Santa Ana, California, and focusses its business growth in the California market; however, with current technology and resources, we are able to obtain coverage across the nation be it for conference rooms, court reporters, videographers, or translators. KCR's staff is comprised of 12 individuals. All staff members are paid at or higher than LWO requirements. Our Calendar Department consists of Cathy Carlson and Kelly Powell. Cathy has been involved in the court reporting industry for over 25 years, rising from a production clerk to an office manager for various firms prior to her employment with KCR. Kelly has extensive experience as a data analyst and customer service representative for a number large-scale organizations prior to coming on board. Kelly is also attending South Coast College to one day become a full fledged CSR. Both have a keen eye for detail, customer service, and expedience. Matthew Kennedy oversees all calendar and scheduling operations in addition to his corporate management workload. The Production Department is overseen by Matthew Kennedy, with Karen Sterling as the day-to-day managerial contact in the department. Karen's credentials include attending South Coast College for a number of years in pursuit of obtaining her own CSR license before eventually joining Kennedy Court Reporters as a Production Associate and rising to a lead position. She is joined by David Alvarado, Daisy Reyna, Tiffany Flores, and Jennifer Castro. David comes from the banking industry and brings with him a keen eye for detail as well as majoring in political science at Vanguard University. Daisy Reyna is currently enrolled in a court reporting program through Cypress College, has taken all necessary academic prerequisites and will soon be able to sit for the state test. Karen, Tiffany, and Daisy bring the knowledge and experience of having navigated court reporting school to the Production Department. Tiffany has experience in our very own Calendar Department, had previously worked in the tax preparation industry, is attending court reporting school, and a keen eye for detail in everything she does. Lastly, Jenny Castro boasts experience in both our Calendar and Production departments, having been trained on the job for virtually every task with production and can assist with Calendar on days when demand is heavy. She is currently in school to finish her bachelor's degree. Our Billing and Accounting Department is overseen by Patrick, Lori, and Matthew Kennedy. The day-to-day managing contact is Rose Bliss, a veteran of Kennedy Court Reporters since 1991. Rose is the lead on invoicing, billing, and resource payment. Prior to being hired on at KCR, Rose had a strong background in finance and accounting. Assisting her is Claudia Martinez, previously an office manager at a law firm. Claudia's attention to detail and ability to multitask makes her an incredible asset at KCR. She handles any pre -billing, estimate request, transcript orders, and collections. Finally, our Media and Technical Assistance Department is overseen by Matthew Kennedy. The day-to-day contact for the department is Will J. Morrison. Will has set up and managed computer systems at multiple businesses before arriving at KCR. He has close family ties to the field of journalism and film production and has intimate knowledge of how to produce legal video, cloud delivery, video synchronization, and hybrid/remote proceedings. Will has trained and functioned as a Videoconferencing/Zoom Host to handle exhibits for attorneys, field technical assistance questions, and created an overall smoother experience for the parties, especially during a time of great transition when the COVID-19 pandemic first hit. All staff members project to be available for 100% of the contract period. Kennedy Court Reporters, Inc. offices are located at 920 West 171" Street, 2nd Floor, Santa Ana, California, 92706. Two conference rooms are available free of charge at the headquarter location. Both rooms come with videoconferencing and teleconferencing equipment. Please see attachment "Locations" for a comprehensive list of available conference space and business locations throughout the State. All networked conference rooms can be setup with videoconferencing equipment on request. Our standard business hours are 8:00 a.m. to 5:00 p.m. Pacific Standard Time. Any e-mail or phone communication outside of normal business hours is checked by the respective team periodically for cancellations, last-minute settings, or other time -sensitive requests. For urgent matters, we have an option on our phone prompt for emergencies where any message left on that voicemail is immediately forwarded to Matthew Kennedy for attention. Non -emergent messages are checked as early as 5:30 a.m. the next morning. For truly last- minute settings, our Calendar Department maintains at least one reporter on standby in case the need arises. This helps us meet the needs of our client for when an emergency pops up or perhaps a setting was never made in the first place. We use the latest copiers, scanners, and printers for the purpose of transcript production as well as exhibit and document reproduction and archiving. All digital exhibits are stamped and archived to a secure on -site server as well as our HIPAA-compliant cloud storage prior to their final print & attachment to the transcript. Physical or printed exhibits are stamped by the reporter prior to being scanned at the highest resolution/color profile needed to maintain same the quality and image detail as on the original. These exhibits never leave KCR's offices unless a large -format print or scan is requested, at which point one of our production staff members will personally escort the documents off -site for special printing and scanning services. For on -site scanning and copying services such as for patient files at a doctor's office, KCR contracts with reprographics companies specializing in that area. With over 45 years of experience as a court reporting contractor for federal, state, municipal governmental agencies, Kennedy Court Reporters is intimately familiar with the level of skill, detail, and responsiveness needed to not only meet our clients' needs, but be an asset to them when it comes to any facet of the court reporting industry. Our reporters have been with deputy city attorneys on prison depositions during lock -down situations; tense public hearings or meetings where security has had to intervene; and navigated the transition to remote and hybrid work when the need arose. Our experience with agencies within the State include the Department of Industrial Relations, Department of Healthcare Services, Office of Administrative Hearings, Alcoholic Beverage Control Board, Board of Accountancy, CalRecycle, Department of Conservation, Department of Insurance, Department of Public Health, Department of Managed Healthcare, Office of Tax Appeals, Office of the Attorney General, and dozens of other Boards and Departments that fall under the Department of Consumer Affairs. Company Information — Systems Scheduling: Each job scheduled with Kennedy Court Reporters goes through a process of detailed confirmation from the initial scheduling until its termination. Upon receiving a Notice of Deposition, Notice of Hearing, or other form of job scheduling, our calendar clerks compile all information into our secure database and corresponding application, linking the job to an existing case, attorney, or creating a new entry if necessary. Once the job is initially input, it then goes through a quality control process to ensure the details of the job are correct as entered. After QC, a Scheduled Job Confirmation is e-mailed to the setting party (secretary, attorney, or paralegal) to give the opportunity to change any of the entries or make corrections to the setting. Lastly, first thing on the business day prior to the job date, a Job Confirmation is e-mailed to the setting party. If no affirmative response is given, efforts are made via phone, additional e-mail, or through alternate contacts to try an ascertain confirmation. If no confirmation can be ascertained and no cancellation has been formally requested, the assigned resource is advised but still instructed to appear at the scheduled time and place. Scheduling can be done via phone, e-mail, website form, or online portal. With the portal, clients have the option to create a new job setting, edit or cancel a previous setting, look up transcripts, invoices, or other related documents. Additionally, when given the organizational structure of any division, we can ensure that any legal secretary or paralegal has access to their attorney's settings and vice versa so that the attorney can see any job setting/invoice/document that their team has entered into the system. This is crucial for the team's communication and ensures there is no double -booking, especially when one party is out sick or on vacation. The online portal is encrypted and user -specific. We maintain logs of data access and receive alerts if the data has been breached. For Transcription services, each requesting contact (paralegal/secretary/attorney) is assigned a secured shared folder with KCR. Once an initial request is made, that contact always has access to their shared folder with KCR. There are no size limitations to the uploads with this folder, making it possible for large video or audio files to be shared easily. Contacts are instructed to fill out an Audio Order Form, detailing any speaker IDs, specific spellings, and/or detailed requests pertaining to the uploaded media. Once both the media is uploaded and the Audio Order Form is submitted to Ca lend ar(a�Ken nedycr.com, our calendar department finds and assigns the request to the appropriate resource. Exhibit Management: All exhibits for depositions or other proceedings where KCR possesses the exhibit are stamped either digitally or physically by the court reporter, scanned into our secure server, and attached to the corresponding transcript with hyperlinking. This enables the reader to simply click on the hyperlinked word (Exhibit 1), and the corresponding exhibit would open in the default PDF reader. It also ensures that exhibits aren't lost or separated from the digital file since all the exhibits are saved as a part of the transcript PDF. As far as retention, Exhibits are backed up to our HIPAA-compliant cloud storage along with our own on -site HIPAA-compliant secure server. Logs are maintained of data access and protocols are routinely updated to prevent security breaches. Exhibits and other documents can be sent to KCR via a Box.com shared folder with unlimited storage, circumventing the issue of trying to e-mail too many exhibits and going over the attachment limit, etc. It offers a cleaner, more transparent solution to file sharing whereby the client can see exactly what's been uploaded and when. As soon as an upload has taken place, our office is sent an automatic notification for the appropriate action to take place. Lastly, once the job has been finalized and produced, all exhibits are uploaded to the client repository/portal for the client's future access. Video & Synchronization: All original video depositions or other video assignments are downloaded to our secure on -site server and backed up to the cloud. Once backed up, KCR encodes the video and formats the media to fit on DVDs. Standard delivery is either MPEG-1 or MPEG-4 formats, depending on the software that's intended to be used. All videos are available to be synchronized with the transcript regardless of timing. The end result is a DVD Disc loaded with its own synch software playable on any PC. The software allows for viewing of the synched video against the transcript, clip creation, text highlighting, and video/text scrolling. It also allows the user to output the entire video or individual clips to industry -specific trial presentation programs. Our videographers are also trained as Zoom/Exhibit Hosts to be able to assist in exhibit presentation on hybrid or remote depositions and proceedings. Further, any remote deposition can be converted into a hybrid deposition with prior notice by sending either a videographer or court reporter with appropriate equipment. We always recommend a videographer for hybrid depositions with more than one person appearing in -person for professional audio quality. For witness -only in -person appearances, we can enable the witness to appear remotely with the appropriate equipment setup and ready to be logged in at the deposition site. Alternatively, the court reporter can bring the appropriate equipment for a single -person appearance with computer and headset. All of our remote depositions are hosted by Zoom, which asserted itself into the videoconferencing landscape long before the pandemic, but solidified its position once remote work became a necessity. Any security concerns regarding Zoom's platform were quickly addressed, and it could be argued that the only security concerns that were raised were actually due to operator error. All Zoom meetings are both waiting room and password protected, meaning would-be meeting crashers would have to not only guess the right Meeting ID, but also a randomly -generated password. If somehow both of these items are compromised, the meeting host would still have to admit the participant from the waiting room into the meeting. Needless to say, we have not had an uninvited guest appear on a meeting since we first began using the platform. Additionally, Zoom offers end -to -end encryption of the meeting, further bolstering its industry -leading position. Finally, Zoom offers services within the platform that come as a third -party integration with other platforms (Teams/WebEx). The Annotation tool within screenshare offers parties the ability to draw or mark on exhibits just as they would if they were passed a document across a conference table. The tools are intuitive enough for the majority of deponents and attorneys to use, and should any question arise, our staff members, videographers, and exhibit hosts are all fully trained and can easily guide the parties in using the tools provided. All Zoom links can be provided prior to the NOD being generated or after, as well as contained within every job confirmation sent. Transcripts: The primary reason for a court reporter's existence is to be able to create a verbatim record of a proceedings that's certified by the State as a notarized, trustworthy document. As a result, we know that the production of transcript is the primary responsibility undertaken in most job settings. Standard transcript deliverables include one (1) Certified Original transcript with attached exhibits, word index, and condensed transcript; one (1) Certified Copy with attached exhibits and word index; and an E-Bundle (PDF, ASCII, E-transcript, etc). Every E-Bundle will be burned to a disc sent along with the hard -copy transcript. E-Bundle packages include a standard ASCII, PDF, E-transcript, hyperlinked PDF, condensed PDF, and industry -specific software transcripts. Hyperlinked PDFs contain all exhibits and attachments as part of the PDF and linked to the respective text in the transcript for quick and easy reference. All other industry -specific software transcript formats are attached to the hyperlinked PDF as well. Additionally, all electronic files are e-mailed and uploaded to the client portal along with being shared via cloud to the requesting party at that party's preference. Each hard copy transcript is bound using VeloBind technology which has proven over the years to be one of the most reliable binding systems with very low failure rates. All transcripts are proofed and put through a quality control process by first the reporter and then KCR prior to production. Finally, our Production Department executes a final QC check of the printed final before packaging & shipping. Deposition transcripts are produced on a 10-business day or 14-calendar day turnaround. This turnaround would be the base price of a transcript on a per -page basis. Any expedite or rush of a deposition transcript would increase the cost by the percentage indicated in the fee schedule provided in this RFP up to and including same -day delivery. All deposition transcripts are formatted with 25 lines per page according to MTFS (Minimum Transcript Format Standard) guidelines as required by the Court Reporters Board of California. Superior Court transcripts are typically produced according to LASC's transcript turnaround schedule where 30 days is standard delivery with an option to expedite next day. However, if it is the Department's wish to have Superior Court transcripts delivered in 15 business days, we will ensure that all reporters assigned to report on this contract are aware of that requirement before job assignment. As a standard and practice, we attempt to schedule the same reporter to the same case for as long as possible for continuity. When a conflict arises, we prepare the new reporter with word lists, previous transcripts, speaker IDs, and any other resources available for a seamless transition. Transcription Transcripts are prepared in the same style and format as Deposition or Hearing transcripts save that the cover information is changed to reflect the difference in proceeding. They use MTFS formats, are punctuated in the same style as other legal transcripts, and delivered in the same formats. Upon request, KCR can provide a Word document, but the standard would be those formats outlined in our DTP section. Reporters: We have over 45 years of experience working with both the public and private sector, reporting Superior Court trials and hearings, public and administrative hearings, arbitrations, employment hearings, depositions, and scoping meetings. Our shorthand reporters are certified with the State of California and routinely cover a wide range of matters, from the relatively simple cases of workers' compensation and personal injury, to the most complex of technical and medical terminologies in complex multi -party, construction defect, and medical malpractice. Every court reporter used in the performance of this contract will be able to keep pace with normal conversation speed; moreover, every CSR used will be in good standing and certified by the Court Reporter's Board of California to write at up to 200 words per minute with 97.5% accuracy or better. License verification can be done both through the CRB's website or by asking any of our reporters to show proof of certification. Our experience in reporting hearings and trials has made us familiar with the court locations, hours of operations, filing rules, and filing procedures. All of our Superior Court reporters have had a minimum of three years reporting at LASC, the majority of which are names on LASC's court -approved reporter list. In the event that a court -approved reporter is not available to cover a trial or hearing, one of our many court -experienced reporters can be stipulated in via Stipulation of Official Court Reporter Pro Tempore being filled out and submitted to the clerk prior to the matter. Any reporter used for covering Superior Court matters has the knowledge and ability to provide a real-time stream, be it via LiveNote, CaseView, Bridge, or LiveLitigation. In order to guarantee real-time service though, advanced notice is recommended. We maintain a pool of no fewer than 40 reporters on whom we can rely and double that on whom we call upon periodically. The majority of our reporters work an average of 3.5 days per week. Due to the diversity of matters reported, they are continually enhancing their reporting skills and learning new terms. All resources who work for Kennedy Court Reporters are instructed to report to their in -person assignments no less than 30 minutes ahead of the scheduled start time and virtual assignments no less than 15 minutes ahead of the scheduled start time. The reporters will make themselves available to work on weekends, holidays, and off -hours assignments when needed to assist the client. Should a reporter be unable to report due to time constraints, Kennedy Court Reporters will facilitate relieving that reporter with another CSR to ensure a smooth transition and minimal downtime. The average level of experience of our pool of reporters is that of over 10 years, with many being 20+ years. We have many former -official LASC reporters in our pool along with a bevy of deposition and hearing reporters. Additionally, KCR issues updates to its pool of reporters to keep them in the know on any new legislation passed or industry -specific advancements that they should be taking advantage of. Due diligence checks are performed periodically on reporters' licenses so that we become aware when, if ever, a license becomes revoked or suspended. All reporters who would perform under this contract would be active and in good standing with the CRIB. Interpreters/Translators: KCR only uses certified interpreters and translators unless requested otherwise by the client. The interpretation or translated document must stand up in court as accurate, so the experience and accuracy of the resource is of utmost importance. All interpreter and translator resources are verified with the Judicial Council or other certifying body for non -listed languages with the Judicial Council. EXPERIENCE As mentioned in Description of Firm, KCR has over 45 years of experience as a court reporting contractor for federal, state, municipal governmental agencies, and is intimately familiar with the level of skill, detail, and responsiveness needed to not only meet our clients' needs, but be an asset to them when it comes to any facet of the court reporting industry. Our experience with agencies within the State include the Department of Industrial Relations, Department of Healthcare Services, Office of Administrative Hearings, Alcoholic Beverage Control Board, Board of Accountancy, CalRecycle, Department of Conservation, Department of Insurance, Department of Public Health, Department of Managed Healthcare, Office of Tax Appeals, Office of the Attorney General, and dozens of other Boards and Departments that fall under the Department of Consumer Affairs. Both Department of Healthcare Services and Alcoholic Beverage Control Board require reporters for their hearings and arbitrations, again, involving licensure for the most part. Since prior to 2003, KCR has been a primary or secondary vendor for the Office of Administrative Hearings, a state office that primarily handles disciplinary matters against licensees for boards under the Department of Consumer Affairs. These hearings are reported live or remotely by a CSR, and difficulty can range from a simple DUI case leading to a license probation or a two -week medical board trial based on a doctor's failure to meet the standard of care over repeated incidents. Often times, a licensure hearing before OAH can be more difficult or intense than many hearings or trials before the Superior Court of California. Our reporters create a record each day, fill out a daily form to document their time and pages wrote for OAH, and preserve the record for a minimum of 7 years and/or until the transcript is ordered by a party. We perform a similar role with the Board of Accountancy, whose hearings are heard before the Boards own panel instead of an OAH judge. Similarly, KCR has been a reliable vendor for the Department of Industrial Relations in covering their administrative hearings, depositions, investigative interviews, and court hearings and trials. We have covered the aforementioned proceedings statewide, especially when other vendors in the region could not cover the assignment for the Department. KCR uses court -approved reporters first in all applicable courts, and only when that list has been exhausted do we turn to non -approved reporters with experience who would then need a Stipulation of Reporter Pro Tempore. Whenever DIR has needed conference rooms, videoconferencing setups, or on -site videographers and reporters, KCR been able to assist. For the Department of Insurance, KCR provides court reporters for public meetings, depositions, and court hearings statewide; though primary usage is for depositions and public meetings. Though they can be challenging, our reporters have captured precise records with multiple speakers on a panel, public speakers, and dense industry -specific terminology. Office of Tax Appeals conducts tax appeals hearings with both dense industry - specific terminology and multiple speakers that our reporters must edit and format according to their departmental preference so it is in line with their previous transcripts. We work in tandem with their staff reporters to cover their overflow work, ensuring there is no drop-off in quality or appearance for their transcript publishing on their website. Lastly, the majority of our deposition work comes from local and state municipalities: Office of the Los Angeles City Attorney, Office of the Attorney General, Los Angeles Unified School District, and many more. These depositions end up being critical to those clients' cases and the justice system in general. In many of those cases, KCR has been asked to cover deposition proceedings nationwide and has delivered. KCR has serviced the Office of the Attorney General and its various offices for north of 20 years; City Attorney of Los Angeles for north of 30 years; and LAUSD for roughly 20 years now. AGREEMENT STATEMENT Kennedy Court Reporters, Inc., agrees to abide by any and all provisions as contained in Exhibit II of the Sample Agreement included in RFP 24-034. gned Vice President Title Matthew Kennedy Printed Name 3/25/2024 Date RELEVANT EXPERIENCE AND WORK HISTORY CERTIFIED COURT REPORTERS Lori Kennedy — CSR 3320 — Certified 1976 Expertise: medical, technical, medical Board proceedings, hearings, arbitrations, complex multi -party, FTC litigation, trial proceedings, construction defect, metallurgy, personnel, trademark, labor law, labor negotiations, fact -findings, toxic waste litigation, criminal law, Internal Affairs Board of Rights hearings, international law, judicial performance review, Workers' Comp, personal injury, Realtime, Video Synchronization Reporter, Realtime Reporter. Jay Bullard — CSR 3455 — Certified 1977 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Superior Court, Real-time Reporter. Edward Serrano — CSR 7469 — Certified 1986 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Kathryn Marie Adams — CSR 8391 — Certified 1986 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Lisa V. Berryhill — CSR 7926 — Certified 1988 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Tracy A. Terkeurst — CSR 8180 — Certified 1989 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Lisa Rouly — CSR 9524 — Certified 1991 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, labor law, labor negotiations, Workers' Comp, personal injury, trial proceedings, police law environmental public meetings, Superior Court, Realtime Reporter. Irene Kubert — CSR 10105 — Certified 1993 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Superior Court, Real-time Reporter. Marcena Munguia — CSR 10420 — Certified 1993 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Realtime Reporter. Lisa Gutierrez — CSR 11286 — Certified 1996 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Colleen Joyce — CSR 11776 — Certified 1998 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Paula Chavez — CSR 12442 — Certified 1988 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Joan L. Parker — CSR 12912 — Certified 2004 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Lavender Lino — CSR 13046 — Certified 2005 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, labor law, labor negotiations, Workers' Comp, personal injury, trial proceedings, police law environmental public meetings, Superior Court, Realtime Reporter. Lisa Schirmeister — CSR 7277 — Certified 1986 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, labor law, labor negotiations, Workers' Comp, personal injury, trial proceedings, police law environmental public meetings, Superior Court, Realtime Reporter. Diane Hickman — CSR 13147 — Certified 2007 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, labor law, labor negotiations, Workers' Comp, personal injury, trial proceedings, police law environmental public meetings, Superior Court, Realtime Reporter. Allison Swanson — CSR 13377 — Certified 2008 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Michelle Graciano — CSR 13572 — Certified 2010 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, labor law, labor negotiations, Workers' Comp, personal injury, trial proceedings, police law environmental public meetings, Superior Court, Realtime Reporter. Erin Winn — CSR 13579 — Certified 2009 Expertise: Superior Court trial proceedings, medical, technical Experts, medical boards, hearings, LAUSD Dismissal hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, Workers' Comp, personal injury, environmental public meetings and is a Real-time/Video Sync Live Note Reporter. Katrina Woyjeck — CSR 13603 — Certified 2010 Expertise: medical, technical Experts, medical boards, hearings arbitrations, civil litigation, Workers' Comp, personal injury, environmental public meetings. Rosalia Rodas — CSR 13672 — Certified 2011 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, labor law, labor negotiations, Workers' Comp, personal injury, trial proceedings, police law environmental public meetings, Superior Court, Realtime Reporter. Kerry A. Murphy — CSR 13626 — Certified 2011 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, labor law, labor negotiations, Workers' Comp, personal injury, trial proceedings, police law environmental public meetings, Superior Court, Realtime Reporter. Marie C. Sanchez — CSR 13809 — Certified 2013 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Matthew Kennedy — CSR 13822 — Certified 2013 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, Workers' Comp, personal injury, environmental public meetings, LAUSD Dismissal hearings, arbitrations and is a Real-timeNideo Sync Live Note Reporter and a Videographer. Chere L. Davis — CSR 13910 - Certified 2014 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Joanne Yen — CSR 14055 — Certified 2015 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Patti Lindsey — CSR 8697 — Certified 1990 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Donna St Clair -CSR 14252 — Certified 2017 Expertise: medical, technical Experts, medical boards, hearings, arbitrations, civil litigation, waterfront terminology, labor law, labor negotiations, trial proceedings, Superior Court, horse racing boards, Workers' Comp, personal injury, IAD boards, police law, environmental public meetings, Real-time Reporter. Samantha Ruiz — CSR 14241 — Certified 2019 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Justyne N. Johnson — CSR 14301 — Certified 2019 Expertise: civil litigation, administrative hearings, arbitrations, trial proceedings, Workers' Comp, personal injury, labor law, criminal law, medical, technical Experts, police law. Above is a list of 30 certified court reporters qualified to perform the scope of work described within the RFP. This is not an exhaustive list and is solely a sampling of resources who work with KCR. The resumes may look similar due to the variety of work given to the resources throughout their working career through KCR. Lori Patrick Kennedy -n Secretary - Treasurer Cathy Carlson Calendar Lead i Kelly Powell Calendar Coordinator President Matthew Kenned Vice -President J Donna Davidson l illC Client Relations Rose Bliss Billing & Operations INI..•IFF Billing & Accounting 7— Karen Sterlin Production Lead Monica Jennifer Ortega Castro Production Coordinat r Production Coordinator All proposed Authority assignments fall within existing Key Personnel responsibilities that they are currently executing for other accounts; as a result, availability will be unaffected. Reference to Reporters included on following page. Aside from Lori and Matthew Kennedy, all proposed reporters are independent contractors and not KCR Employees. Will Morrison Video & Production Tiffany Flores Production Aordina Daisy Reyna Production Coordinator RNW22890 CERTIFICATION NUMBER Certifies that: Kennedy Court Reporters, Inc. 02/25/25 ExPIRAMN VATE has successfully met the requirements of the NWBOC national certification program for certification as a woman -owned and woman -controlled business. The Identified basin,-ss has (tu3lth d dS an eligible. VVOrnan 8%4siness Eoterpriso (WBF) as ::r+t forth in NWBOC standards and proCedures. a_xZj1&% 561492 02/26/22 PHYLLIS MILL SLATER NAICS Code(s) hate Board Chair, NWBOC WWW.NWBOC.ORG INFOoNW80C.09G 800-794-6140 11 r.aM CU er!I, an ni V. :„' b3'71, 7jr+pa. F vo0da „� � TAMPEPING OR ALTERING 7-HIS CCRDFJCATF !S. IN THE € ISC.R€. TIO„ OF W.V BCIC. GPOUNDS ;,OR TERt- IN ATiON OF CERI €F-!CATION CONGRATULATIONS — Print and Save your OCLSB Certificate! Your business is now certified and ready to compete in a County competitive solicitation process as an Orange County Local Small Business. THE COMPANY LISTED ON THIS CERTIFICATE MEET I a THE COUNTY OF ORANGE CERTIFICATION Aj REQUIREMENTS AS AN OCLSB OCLSB CERTIFICATE EXPIRATION DATE: 05/31/2023 CERTIFICATE ID: LEGAL COMPANY NAME: DOING BUSINESS AS (DBA) NAME 1: DOING BUSINESS AS (DBA) NAME 2: COMPANY HEADQUARTERS ADDRESS: COMPANY PHONE NUMBER: COMPANY EMAIL: COMPANY FAX NUMBER: COMPANY WEB ADDRESS SERVICE AREA 23063 Kennedy Court Reporters, Inc KENNEDY COURT REPORTERS INC 920 W 17TH ST SUITE E SANTA ANA, CA 92706 800/231-2682 lok@kennedycourtreporters.com www.kennedycr.corn Orange 111 Printed on: 5/30/202312:01:56 PM To verify most current certification status go to: https://www.caleprocure.ca.gov Orms GENFRAi. tiF-RVICFS Office of Small Business & DVBE Services Certification ID:23063 Email Address: Legal Business Name: lok@kennedycourtreporters.com Kennedy Court Reporters, Inc Business Web Page: Doing Business As (DBA) Name 1: www.kennedycr.com Business Phone Number: Doing Business As (DBA) Name 2: 800/231-2682 Business Fax Number: Address: 714.835.0641 920 W 17TH ST Business Types: SUITE E Service SANTA ANA CA 92706 Certification Type Status From To SB(Micro) Approved 05/10/2023 05/31/2025 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA,GOV Questions? Email: OSDSH ELP@DGS.CA.GOV Call OSDS Main Number:916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 CITY OF SANTA ANA BUSINESS TAX SECTION Ill 20 CIVIC CENTER PLAZA. FIRST FLOOR, P.O. BOX 1964, SANTA ANA, CA 92702 (714) 647-5447 �1 CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT BUSINESS TAX NUMBER: 113668 TAX PERIOD: 4/1/2023 - 3/31/2024 BUSINESS NAME: KENNEDY COURT REPORTERS AMOUNT PAID: $2,722 83 BUSINESS ADDRESS: 920 W 17TH ST UNIT# F SANTAANA, CA 92706-3502 DATE PAID: 07I10/2023 OWNER NAME: KENNEDY, LORI 0. THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT • This business license tax account is void upon sale or transfer of a business • Every business is responsible for the annual renewal of their business license tax account • It is the responsibility of the applicant/licensee to ensure that the business complies with all applicable City codes, City zoning ordinances and all Local, State and Federal Laws. • Contact the Business License Tax Office at (714) 647-5447 prior to any of the following changes. • Name change • Location Change • Ownership or representative change • Business activity change • The business license tax receipt must be displayed at the place of business. See reverse side for posting requirements. Sec. 21-18. • No required permits waived. The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 211 constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code [SAMC] or by any statute or code provisions of the slate must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord. No. NS-1922, § 1, 7-20-87) The person, firm or corporation named below has been issued this business license tax receipt pursuant to the provisions of the City Business License Tax Code (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SAMC Sec. 21-18) and is not an endorsement, nor certification of compliance with other ordinances or laws. It is the responsibility of the applicantllicensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicanUlicensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revoked. This business license tax account is nontransferable. Please note that it is your responsibility to renew and update this license annually. CITY OF SANTA ANA - TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1964 SANTA ANA, CALIFORNIA 92702 PHONE (714) 647-5447 KENNEDY COURT REPORTERS 920 W 17TH ST. #F SANTA ANA, CA 92706 THIS TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 113668 TAX PERIOD: V112023.313112024 BUSINESSTYPE: COURT REPORTERS BUSINESS ADDRESS: 920 W 17TH ST UNIT# F SANTA ANA, CA 92706-3 BUSINESS NAME: KENNEDY COURT REPORTERS OWNENREP: KENNEDY, LORI 0. EXPIRATION DATE: 0313112024 (9) CITY OF SANTA ANA ATTACHMENT A-1 PROPOSER'S CERTIFICATION 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 1) 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. Kennedy Court Reporters, Inc. P: (800) 231-2682 F: (714) 835-0641 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 920 W 17th Street, Suite E, Santa Ana, CA 92706 BUSINESS ADDRESS Matthew Kennedy Vice President PRINTED NAME OF AUTHORIZED AGENT TITLE 3/25/2024 matt@kennedycourtreporters.com S GNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 95-3817218 FEDERAL ID NUMBER (IF APPLICABLE) 113668 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. City of Santa Ana RFP 24-034 Page 26 of 34 CITY OF SANTA ANA ATTACHMENT B REFERENCES City of Santa Ana RFP 24-034 Page 28 of 34 +) CITY OF SANTA ANA 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. Customer Name: Office of Administrative Hearings Contact Individual: Cara Kenyon 916 �63.0597 Address: 2349_Gate w ay_Oaks Driv e Phone Numbe Suite 200 EMAIL: cara.kenyon@dgs.ca.gov Contract Amount: -$5m Year: 2018-Present 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 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 dama es due to thaddela d other causes suffered by City because of the failure to furnish the necessary bar inctly agreed that the proof of damages actually suffered by City is difficult to asc ds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to t Propos proposal is required for the entire work, that the estimated quantities set forth in the R ely for the purpose of comparing proposals, and that final compensation under the on the actual quantities of work satisfactorily completed. All specifications, the certification of nondiscrimination by contractors, and the 4:eq es are to be incorporated by reference into this agreement and are made soe P. WE ST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PRO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESP . City o RFP 24-034 Page 30 of 34 Signed a CITY OF SANTA ANA �'L ii cp r r,�tt'.•�. i�..s;�'L. c. � TV• C7 $q,,.•c.. 'n'i�1� �.r �4-�r-� _2+ �A� �� Erh r S���r�itq ,��� � � �'se�-'L�e';t:�;F f� �'�.i •'� P:rr^�ni�;7{��3y �''r,.r.�'•r?.f•�+�rSr'�3�'35'?�ti�..�_!':,•y����y f1 ��,,'�;kr��'.,':�: 3�,�fiy � � �fIK�•hityi4'I�.n'��'!; �. � ' "''" �a` i'. I. �51 : " }yi, �{a„`������-r-t �� �. ` !dtJt°'�`cf3jE�a�l �'°�it � s ,�,a P�tiis"WL�� i ' ,j ! 4' L� t , r yp�. ..a,._ c i�••. ,irrsxl�c..l` iv'rti.'s.l ,(Y ;. ..., �.,It'-,�:Hr... Fr.�.� _ �y.PLI!�PL7 w �.G�-,,�.- i-I�e1 :. �.�_,.�.. � ... _... _ ..�.� . - �=si .��..i..� �-s =�h.>s,.�'•�.���.—. � (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 ce�tion may subject the certifier to criminal prosecution. Signe State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. See Attached Notarial Certificate 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. City of Santa Ana RF'P 24-034 Page 31 of 34 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 SAN DIEGO Subscribed and sworn to (or affirmed) before me on this 26TH day of MARCH 20 24, by MATTHEW GARRETT KENNEDY proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me_ 7RISTM M EXAHDER VW OE COWA. 02449749 MOTKOXMWOFMA SM DEW COUNTY My CWM. Eris: hsW 10, M7 (Seal) Signature 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 I I recipients shall certify and disclose accordingly. Signed: Title: Vice President Firm: Kennedy Court Reporters, Inc. Date: 3/25/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 32 of 34 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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. 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 City of Santa Ana RFP 24-034 Page 33 of 34 (9) 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: Title: vice President Firm: Kennedy Court Reporters, Inc. Date: 3/25/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 34 of 34 EXHIBIT C CONSULTANT'S FEE PROPOSAL (9) CITY OF SANTA ANA ATTACHMENT A-2 PERSONNEL BOARD APPEAL HEARINGS PROPOSAL PRICING FEE SCHEDULE Desri tion of Service7lKennedly Court Reporters, Inc. Proposal Rate Per Service 1. Administrative Appeal Appearances: a. $800 a. Half day hearing b. $1,600 b. Full day hearing c. $800 c. Overtime/Evening rate after 6:00 m 2. Maximum Cancellation Fee: $800 Provide cancellation policy The Cancellation Fee is chargeable when cancellation is made after 4:00 pm the day before the scheduled administrative appeal proceeding. 3. Transcript: $9.00 per page Per page for original and certified copy (Rates are based on 25- line Per Page Format and Minimum Transcrtip Format Standards) 4. Expedited Transcript: a. $15.00 a. Next Day b. $13.00 b. 2-3 Business Days c. $12.00 c. 4-5 Business Days d. $10.00 d. 6-9 Business Days 5. Expedited Rough Electronic Transcript During Hearing: $4.50 per page Next Da with purchase of full transcript) 6. Transcript Delivery by U.S. PostalMail: $12.00 7. Transcript Delivery by Other Delivery Service or Vendor Drop Off: $15.00 Per delivery in one box of one or more transcripts 8. Real-time Service to Hearing Officer/Counsel: $4.50 per page + $75 per (Please specify any fee that is charged for "real-time" services and device rental (if needed) is billed in addition to per page rate 9. Court of Appeal Transcript: $2.00 per page Change cover page, Repaginate, and Reprint New Original Transcript, including exhibits THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 27 of 34 CONSULTANT AGREEMENT BEWTEEN REGAL COURT REPORTING, INC. AND THE CITY OF SANTA ANA FOR COURT REPORTING AND TRANSCRIPTION SERVICES THIS AGREEMENT is made and entered into on this 16th day of July, 2024, by and between Regal Court Reporting, Inc., a California corporation ("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 29, 2024, the City issued Request for Proposal ("RFP") No. 24-034 seeking to retain a consultant having special skill and knowledge in the field of court reporting and transcription services for the City's Human Resources 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. 24-034. 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 two (2) separate consultants selected to provide services on an on - call basis under RFP 24-034. The total compensation for services provided by all consultants selected under RFP 24-034 shall not exceed the shared aggregate amount of $250,000.00 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 July 16, 2024 and terminate on July 15, 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. 5. 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 also 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 01covering 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. • 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. • 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. • 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. Page 3 of 9 • 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, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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 indemnity and 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 Page 4 of 9 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, recklessness, 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 information 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 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. Page 5 of 9 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 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. Page 6 of 9 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 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, Human Resources City of Santa Ana Page 7 of 9 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Isaiah Leslie Co -Founder Regal Court Reporting, Inc. 1551 N. Tustin Ave., Suite 750 Santa Ana, California 92705 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 on following page] Page 8 of 9 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BEWTEEN REGAL COURT REPORTING, INC. AND THE CITY OF SANTA ANA FOR COURT REPORTING AND TRANSCRIPTION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney 1By: onathan T, Martinez Assistant City Attorney Lori Schnaider Executive Director Human Resources CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT Q�'�k 1-,a� By: "i'itle: Page 9 of 9 EXHIBIT A SCOPE OF SERVICES (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Proposer(s) shall perform the services as set forth below. A. General Description The City of Santa Ana ("City") seeks proposals from court reporting agencies to provide court reporting and transcription services for the City of Santa Ana Personnel Board (Board) Hearings. The Board hears employee appeals regarding discipline. The Board's appellate review is a full evidentiary hearing wherein the Board applies its indepentdent judgement to the law, the facts, and to the arguments presented in each case. The Personnel Board meets as needed to hear these appeals. Presently, hearings are conducted in person in the evenings, and are scheduled as needed. The scope of work includes, but is not limited to, the following court reporting services during hearings: B. Availability Selected firms must have the sufficient staff to provide the City with court reporters during evening hours. C. Certified Reporter Selected firms must provide certified shorthand reporters ("CSRs"). The CSRs must be able to provide proof of their certification prior to the hearing for which they are providing services. D. Professional Ability CSRs, provided by selected firms, must be able to accurately keep pace with all persons speaking during hearings and accurately identify the parties speaking. CSRs must be equipped to provide real-time services and recounts during hearings. E. Promptness CSRs, provided by selected firms, must be on time for all hearing proceedings. Specifically, CSRs must plan to be present, in the location of the hearing (with all necessary equipment setup), no less than 10 minutes before the scheduled start time of the hearing. F. Confirmation of Appointment Selected firms must notify the City of the placement of the CSR three business days prior to the scheduled hearing date. If the firm cannot place a CSR they must communicate with the City until they receive acknowledgement that a CSR was not scheduled for the hearing. G. Completed Transcript — Certified Copy and Original — Sealed Copy The firm shall provide an electronic copy within 14 calendar days. As such, the selected firm agrees to hold a copy of the transcript for a minimum of one year after the conclusion of the hearing. A completed transcript must include: (1) certification of original transcript and one copy; (2) condensed transcript ("mini"); and (3) word index. The original transcript must be delivered to the requesting agency no later than 14 calendar days from when it is prepared. City of Santa Ana RFP 24-034 Page 17 of 34 a CITY OF SANTA ANA H. Format of Transcripts All hearing transcripts shall be prepared and submitted to the City in PDF format, or if requested on 25-line numbered paper. All hearing transcripts shall be proofread and free of spelling errors prior to submission to the City and should include the CSR's signed certification page. Each hearing exhibit shall have a unique and sequential exhibit name or number. I. Expedited and/or Rough Transcripts When requested, selected firms must provide an expedited rough transcript within as little as 24 hours, up to one week.. J. Invoices for Services Selected firms must prepare an invoice for each hearing conducted in accordance with Exhibit II of the Professional Services Agreement. For expedited work, the invoice must state the name of the person who made the request, time and date of the expedited request. In addition, all invoices must state the date of the hearing, the name of the Personnel Board Secretary, the property address, Personnel Board case number and the appellant's name. K. Reproduction Activity Selected firms must have the ability to reproduce photos, drawings, charts, and graphs used in hearings. The firm must safeguard original exhibits provided by the hearing secretary so as to return them in their original condition and sequences. L. Billing The City shall not pay for costs that do not comply with the fee schedule listed on Attachment A- 2. Services for which there is no additional charge are specified below: Services for which there is no additional charge include, but may not be limited to, the following: a. Handling, processing or administrative fees b. Certification fees c. Parking d. Delivery of certified, expedited transcript via email e. Word indexing (included in per page transcript fee) f. Attachment and handling of original exhibits (but not scanning or copying) g. Notary fee h. Wait time less than 30 minutes i. Travel time j. Mileage k. Administration of oath I. Telephone or Zoom reporting m. Cancellation of court reporter and or videographer services up until 4:OOPM the day before a scheduled assignment City of Santa Ana RFP 24-034 Page 18 of 34 EXHIBIT B CONSULTANT'S PROPOSAL 1� REGAL COURT REPORTING March 26, 2024 Lori Schnaider, Human Resources Operations Manager City of Santa Ana — Human Resources 20 Civic Center Plaza Santa Ana, CA 92701 Dear Ms. Schnaider: Regal Court Reporting, Inc. is honored to present our enclosed comprehensive proposal in response to the City of Santa Ana's RFP for Court Reporter & Transcription Services, per Invitation #24-034. Founded in 2007 by my wife, Stephanie Leslie, and myself, Regal Court Reporting is a certified shorthand reporter -owned and operated agency that has steadfastly upheld the values and integrity of a family -owned enterprise in an industry landscape increasingly dominated by large, impersonal corporations. Our founding ethos is rooted in providing unparalleled, client -centric services, where each engagement is approached with a personalized touch, mirroring the care and attention to detail that is emblematic of our family -run business. We are acutely aware of the pivotal role that a proficient and dependable court reporter plays. It is with this understanding that we extend our proposal, aspiring to become an integral partner to the City of Santa Ana in this vital capacity. We sincerely appreciate the opportunity to present our proposal. We are at your disposal for any further information or discussions that may be required in its evaluation. Thank you for considering Regal Court Reporting, Inc. as your partner in court reporting and transcription services. We are eager to contribute our expertise and services to the City of Santa Ana. Very truly yours, Isaiah Leslie, Co -Founder Regal Court Reporting, Inc. isaiahnregalcourtreportin-g com 1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 1 Phone: 866.228.2685 1 www.regalcourtreporting.com ikREGAL Innew- 'COURT REPORTING Table of Contents SERVICES PROVIDED................................................................................................................................................. 3 CONSULTANTAGREEMENT.................................................................................................................................... 5 FIRM AND TEAM EXPERIENCE.............................................................................................................................. 15 Resume of Isaiah Leslie, Co-Founder....................................................................................................................16 Resume of Stephanie Leslie, Co -Founder and CEO..............................................................................................18 PROPOSEDWORK PLAN..........................................................................................................................................19 ATTACHMENTS Attachment A-1, Proposer's Certification.............................................................................................................21 AttachmentA-2, Fee Schedule..............................................................................................................................22 AttachmentB, References.....................................................................................................................................23 Attachment C, Proposer's Statement.....................................................................................................................25 Attachment D, Non -Collusion Affidavit................................................................................................................26 Attachment E, Non -Lobbying Certification..........................................................................................................27 Attachment F, Non-Descrimination Certification..................................................................................................28 1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 1 Phone: 866.228.2685 1 www.regalcourtreporting.com REGAL COURT REPORTING SERVICES PROVIDED A. General Description Regal Court Reporting, Inc. ("Regal") shall provide the City of Santa Ana ("City") with Certified Shorthand Reporters ("CSRs") for the City's Personnel Board Hearings. B. Availability of Certified Shorthand Reporters Regal acknowledges the essential need for court reporting services during evening hours. Regal has a robust team of CSRs who are flexible and available for scheduling during the evening hours as required by the City. Further, Regal's CSRs will be able to provide proof of their certification prior to the hearing for which they are providing services, and will be equipped to provide realtime services and recounts during hearings. Regal shall also instruct all CSRs to plan to be present in the location of the hearing (with all necessary equipment set up), no less than ten (10) minutes before the scheduled start time. C. Confirmation of Appointment Regal shall notify the City of the placement of the CSR three (3) business days prior to the scheduled hearing date. If Regal cannot place a CSR, they shall communicate with the City until they receive acknowledgement that a CSR was not scheduled for the hearing. D. Completed Transcript — Certified Copy and Original — Sealed Copy Regal shall provide electronic copies of transcripts of proceedings within 14 calendar days of the proceeding date. As such, Regal agrees to hold a copy of the transcript for a minimum of one (1) year after the conclusion of the hearing. The transcript shall include: (1) certification of original transcript and one copy; (2) condensed transcript ("mini"); and (3) word index. The original transcript shall be delivered to the requesting agency no later than 14 calendar days from when it is prepared. 1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 1 Phone: 866.228.2685 1 www.regalcourtreporting.com REGAL COURT REPORTING E. Format of Transcripts Regal shall provide all hearing transcripts to the City in PDF format, or if requested, on 25-line numbered paper. All hearing transcripts shall go through Regal's rigorous Quality Control process prior to submission to the City, and shall include the CSR's signed certification page. Further, each hearing exhibit shall have a unique and sequential exhibit name or number. F. Expedited and/or Rough Transcripts When requested, Regal shall provide an expedited rough transcript within as little as 24 hours, up to one week. G. Invoices for Services Regal shall prepare an invoice for each hearing conducted. For expedited work, the invoice shall state the name of the person who made the request, as well as the time and date of the expedited request. In addition, all invoices shall state the date of the hearing, the name of the Personnel Board Secretary, the property address, Personnel Board case number and the appellant's name. H. Reproduction Activity Regal has the ability to reproduce photos, drawings, charts, and graphs used in hearings. Regal shall safeguard original exhibits provided by the hearing secretary so as to return them in their original condition and sequences. 1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 1 Phone: 866.228.2685 1 www.regalcourtreporting.com REGAL COURT REPORTING FIRM AND TEAM EXPERIENCE i. Regal Court Reporting, Inc. is a certified shorthand reporter -owned and operated agency founded in 2007 by Isaiah and Stephanie Leslie. Stephanie's experience as a CSR and Isaiah's experience in sales and marketing form the foundation of Regal's distinctive identity — a court reporting agency dedicated to fulfilling the comprehensive needs of any client, with the personalized touch and care inherent in a family -owned business. Regal prides itself in having built a team that exemplifies an unwavering commitment to delivering excellence and integrity. With 16 on staff and hundreds of court reporters in its network, Regal keeps an eye to the future, constantly striving to expand its clientele while making sure to maintain a staff robust enough to protect and enhance the customer experience. ii. Regal Court Reporting, Inc., is headquartered at 1551 N. Tustin Avenue, Suite 750, Santa Ana, CA 92705, conveniently located near the office of the City of Santa Ana. iii. Project Manager / Principal Agent: Stephanie Leslie, Co -Founder slesliegregalcourtreporting com (866) 228-2685 iv. Resumes attached herewith. 1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 1 Phone: 866.228.2685 1 www.regalcourtreporting.com Isaiah Leslie Santa Ana, California, United States isaiah@regalcourtreporting.com 714-474-3606 linkedin.com/in/isaiahleslie Summary As a co-founder of Regal Court Reporting, I have been providing court reporting and litigation support services to AM 100 law firms, In-house and municipal organizations for over 17 years. My mission is to make depositions, arbitrations, hearings, public meetings and trials easier with our customized service, which includes court reporting, videography, interpreting, realtime, remote depositions, online depository, online scheduling, and trial technology. I am also an entrepreneur and a producer with 9 years of experience in video production and documentaries. I co- founded Regality Media, a production company that specializes in documentaries, commercials, branded content, and production services. I am currently working on a feature-length sports documentary, Wild About'88, The Rise of Arizona Wildcats basketball, and looking for a corporate or media partner to help finance post -production and distribution. I have a BA in Political Science from the University of Southern California and have published several articles on topics such as the California court system, the San Onofre Nuclear Generation Station, and the Irvine Ranch Water District. Experience Co -Founder Regal Court Reporting, Inc. Jun 2007 - Present (16 years 10 months) We provide court reporting and litigation support services from the point of discovery through to the end of trial. We are big enough to deliver on all almost every service along the way, whether it's court reporting (in depositions or trial), videography (including site inspections and independent medical exams), interpreting, realtime, remote depositions, online depository, online scheduling or Trial Technology. We're not a corporate corporation with multiple levels of phone trees and staff. When you call us, you get the person you need to speak with in the right department, the first call, every time. ® President Regality Media Jan 2014 - Present (10 years 3 months) Regality Media is a production company specializing in documentaries, commercials, branded content, and production services. Whether you are a creative agency embarking on a new campaign, a company with a product to promote, or a fellow filmmaker in need of support, we can help. We utilize both in-- house talent, and a wide network of film professionals to help our clients tackle projects of any size. At Regality, "cinematic" is more than just an aesthetic buzzword. It's a holistic philosophy that puts equal emphasis on both style and substance. Our award winning work has been highlighted by The Orange County Business Journal, The Arizona Daily Star, as well as on TV and radio. ,­- Producer Waterfoot Films LLC Isaiah Leslie - page 1 Apr 2014 - Present (10 years) Promotion and distribution of The Invisible Man, a five -part web -series. Development of future projects, content and distribution channels. Account Manager Chemcentral Nov 2003 - Jul 2005 (1 year 9 months) Account Manager, Sales & Marketing, Development of new sales Sales Specialist The Seal Beach Sun Newspaper Mar 2002 - Nov 2003 (1 year 9 months) Managed the Classifieds, Service and Legal Directory, Wrote several Op -Ed pieces, conducted on -the - street interviews Education ` TV � University of Southern California BA, Political Science 1996 - 2002 Political Science Skills Leadership Management • Business Development • Litigation Support • Wedding Officiant Depositions Court Reporting • Training Isaiah Leslie - page 2 Stephanie Leslie 1622 North Dressage Street, Orange, California 92869 1 (714) 904-5969 1 sleslie@regalcourtreporting.com Experience OWNER / CEO I REGAL COURT REPORTING I JULY 2007 - PRESENT Recruit, hire, train certified stenographers Management of quality control - transcript production Preparation of employee payroll Licensed stenographer reporting depositions, arbitrations, public meetings, and court proceedings FREELANCE STENOGRAPHER I JILIO VERITEXT, SARNOFF I SEPTEMBER 2004 - JUNE 2008 Purchased and managed court reporting equipment Traveled to various locations as requested to swear in witnesses and report testimony stenographically Edited, proofread, and produced final transcripts of testimony as requested by agency and their clients Education ASSOCIATE OF ARTS I MAY 2002 1 FLORIDA COLLEGE, TEMPLE TERRACE, FLORIDA CERTIFICATE OF COURT REPORTING I JULY 2004 1 SOUTH COAST COLLEGE, ORANGE, CALIFORNIA Additional Certifications Registered Professional Reporter (RPR) from National Court Reporters Association Certified Realtime Reporter (CRR) from National Court Reporters Association • California Certified Realtime Reporter (CCRR) from California Deposition Reporters Association Skills & Abilities Excellent interpersonal and communication skills Poised under pressure Detail oriented Task oriented Reliable with deadlines Activities and Interests Outdoors, traveling, church activities REGAL COURT REPORTING PROPOSED WORK PLAN i. Upon receiving a scheduling request from the City of Santa Ana ("City"), Regal Court Reporting, Inc. ("Regal") shall immediately add each request to calendar. ii. Two weeks in advance of the hearing date, Regal shall reach out to its network of Certified Shorthand Reporters ("CSRs") to secure coverage. iii. Regal shall notify the City of the placement of the CSR three business days prior to the scheduled hearing date. If Regal cannot place a CSR, they shall communicate with the City until they receive acknowledgement that a CSR was not scheduled for the hearing. iv. Regal shall instruct the CSRs to be present at the location of the hearing, with all necessary equipment set up, no less than 10 minutes before the scheduled start time. V. When requested, Regal shall provide an expedited rough transcript within as little as 24 hours, up to one week. vi. Regal shall send reminders to CSRs at 10 and 12 calendar days to ensure timely delivery of transcripts. vii. Upon receiving transcripts from CSRs, said transcripts will be subject to Regal's rigorous Quality Control protocol to verify accurate speaker identification and spellings, and revisions shall be requested from CSRs as needed. viii. Regal shall reproduce photos, drawings, charts, and graphs used in hearings, and safeguard original exhibits provided by the hearing secretary so as to return them in their original condition and sequences. ix. Regal shall provide electronic copies of Q/C'd transcripts within 14 calendar days of the proceeding date. As such, Regal agrees to hold a copy of the transcript for a minimum of one (1) year after the conclusion of the hearing. The transcript shall include: (1) certification of original transcript and one copy; (2) condensed transcript ("mini"); and (3) word index. The original transcript shall be delivered to the requesting agency no later than 14 calendar days from when it is prepared. All transcripts will be produced and provided to the City in PDF format, or if requested, on 25-line numbered paper. All hearing transcripts shall include the CSR's signed 1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 1 Phone: 866.228.2685 1 www.regalcourtreporting.com SM REGAL COURT REPORTING certification page, and each hearing exhibit shall have a unique and sequential exhibit name or number. X. Within one or two days of transcript production, Regal shall prepare an invoice for each hearing conducted. For expedited work, the invoice shall state the name of the person who made the request, as well as the time and date of the expedited request. In addition, all invoices shall state the date of the hearing, the name of the Personnel Board Secretary, the property address, Personnel Board case number and the appellant's name. 1551 N. Tustin Ave, Ste 750, Santa Ana, CA 92705 1 Phone: 866.228.2685 1 www.regalcourtreporting.com (9) CITY OF SANTA ANA ATTACHMENT A-1 PROPOSER'S CERTIFICATION 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 1) 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. REGAL COURT REPORTING INC. (866) 228-2685 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 1551 N. TUSTIN AVENUE, SUITE 750, SANTA ANA, CA 92705 BUSINESS ADDRESS ISAIAH LESLIE PRINTED NAME OF AUTHORIZED AGENT 3/23/2024 TURE OF AUTHORIZED AGENT DATE CO-FOUNDER TITLE OREGALCOURTREPORTING.COM E-MAIL ADDRESS 26-1751903 NIA FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) 36G 46 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. City of Santa Ana RFP 24-034 Page 26 of 34 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES City of Santa Ana RFP 24-034 Page 28 of 34 (9) CITY OF SANTA ANA 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. MCCCMCKVIC Customer Name: City of Huntington Beach - City Attorney's Office Contact Individual: Chris Keleman Address: 2000 Main Street, 4th Floor Phone Number: 714-536-5555 Huntington Beach, CA 92648 EMAIL: Chris(a)_surfcity-hb.org Contract Amount: $10,000 Year: 2023 Description of supplies, equipment, or services provided: Court reporter and transcription services Customer Name: City of Anaheim Contact Individual: Ar*ana-Ilernan ez Address: 200 S. Anaheim Blvd, Ste 620 Phone Number: 714-765-5110 naheim, CA 92805 EMAIL: arihernandezaanaheim. net Contract Amount: $5,000 Year: 2023 Description of supplies, equipment, or services provided: Court reporter and transcription services MCCCOCKHIC Customer Name: 32nd District Agricultural Association, State of California Contact Individual: Summer Angus Address: 88 Fair Drive Phone Number: 714-708-1514 Costa Mesa, CA 92626 EMAIL: SAngus(a)_ocfair.com Contract Amount: $49,000 Year: 2020 - 2022 Description of suoDlies. eauioment. or services provided: Provided court reporters for Monthly board meetings and special committee meetin THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 29 of 34 (9) 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 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 4 Signed and Printed Name: Title Co-founder Date 31?�12024 THIS FORM MUST BE COMPLETED AND INCLUDED WiTH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 30 of 34 (9) 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 ` ✓�f//(/' State of County of n ru �� Subscribed and sworn to (or affirmed) before me on this 2y tip day of MCAMh , 201, by _1SUjf.A�) ?)roCP_ LP.Si i r? , proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. otaiy 7btic Signature ... >. .PORFIR10 PINEDA~- J I „COMM # 2314716 = ORANGE County n' r � lCaliforni� 1�ist�rY �uiili�"•' Comm Exp Fee, 22. 2026: :t.... _.....I.. ........... ....... — Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 31 of 34 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 such subrecipients shall certify and disclose accordingly. Signed: Title: Co -Founder Firm: Regal Court Reporting, Inc. Date: 3/23/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 32 of 34 a CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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. 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 City of Santa Ana RFP 24-034 Page 33 of 34 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: Title: Co -Founder Firm: Regal Court Reporting, Inc. Date: 3/23/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 34 of 34 EXHIBIT C CONSULTANT'S FEE PROPOSAL (9) CITY OF SANTA ANA ATTACHMENT A-2 PERSONNEL BOARD APPEAL HEARINGS PROPOSAL PRICING FEE SCHEDULE Description of Service — Regal Court Reporting, Inc. Proposal Rate Per Service 1. Administrative Appeal Appearances: a. $1,135 (up to 3 hours) a. Half day hearing b. $2,245 b. Full day hearing c. $85/hour c. Overtime/Evening rate after 6:00 m 2. Maximum Cancellation Fee: Provide cancellation policy The Cancellation Fee is chargeable when cancellation is made $555 after 4:00 pm the day before the scheduled administrative appeal $1,135 if reporter is en route proceeding. 3. Transcript: Per page for original and certified copy (Rates are based on 25- $8.25/page line Per Page Format and Minimum Transcript Format Standards) 4. Expedited Transcript: a. Next Day a. addtl 100% of page rate b. 2-3 Business Days b. addtl 90% of page rate c. 4-5 Business Days c. addtl 70% of page rate d. 6-9 Business Days d. addtl 50% of page rate 5. Expedited Rough Electronic Transcript During Hearing: Next Da with purchase of full transcript)$2.15/page 6. Transcript Delivery by U.S. PostalMail: 35 per box 7. Transcript Delivery by Other Delivery Service or Vendor Drop Off: $50 per box Per delivery in one box of one or more transcripts 8. Real-time Service to Hearing Officer/Counsel: $2.55/page (Please specify any fee that is charged for "real-time" services and $110/unit equipment rental is billed in addition to per page rate) 9. Court of Appeal Transcript: Change cover page, Repaginate, and Reprint New Original $2.00/page, $150 minimum Transcript, including exhibits THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-034 Page 27 of 34