HomeMy WebLinkAbout25B - AGMT - COURT SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2017
TITLE:
AGREEMENT WITH VERITEXT
CORPORATION FOR COURT
REPORTING SERVICES, LANGUAGE
TRANSLATION AND TRANSCRIPTION
SERVICES
{STRATEGIC PLAN 7, 313}
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Acting City Manager and the Clerk of the Council to approve an 18 month
agreement with Veritext Corporation, effective July 1, 2016 through December 31, 2017, for court
reporting, translation and transcription services for a total not to exceed amount of $75,000,
subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Since at least 2010, the City Attorney's Office has used Veritext for court reporting, language
translation, and transcription services. These services are used by the City Attorney's Office for
depositions, language interpreters for depositions, personnel board hearings, and transcription of
audio taped interviews for litigation purposes. The City Attorney's Office utilizes Veritext on a
weekly, if not monthly basis depending on need. Veritext provides the City Attorney's Office with
the tools necessary to litigate cased filed against the City and conduct Personnel Board hearings.
Due to the volume of work over the last year, the City Attorney's Office anticipates that an eight
month agreement for $50,000 will be necessary.
The City Attorney's Office intends to complete a competitive bidding process for a new contract
commencing on July 1, 2017.
The agreement includes $10,000 for invoices that were outstanding since August 2016 due to an
increase volume in Personnel Board hearings in conjunction with litigated matters.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet and Goal #7 (Team Santa Ana), objective
3B.
2513-1
Agreement with Veritext Corporation
April 18, 2017
Page 2
FISCAL IMPACT
Funds are available in FY2016 -17 and will be budgeted and made available in FY2017 -18 in the
following accounts:
,"t�
Sonia R. Carvalho
`City Attorney
and a
Executive Director of Personnel Services
Exhibit: Agreement with Veritext
APPROVED AS TO FUNDS AND ACCOUNTS:
�C`CC�CICI�? `�a�rw`r
Francisco Gutierrez ,--, rA)(
Executive Director
Finance & Management Services Agency z"
25B -2
08009051 -62302
Liability Fund
01109050 -62300
Personnel Other
Contractual Services
Total
FY 2016 -17
$20,000
$30,000
$50,000
FY 2017 -18
$10,000
$15,000
$25,000
$75,000
,"t�
Sonia R. Carvalho
`City Attorney
and a
Executive Director of Personnel Services
Exhibit: Agreement with Veritext
APPROVED AS TO FUNDS AND ACCOUNTS:
�C`CC�CICI�? `�a�rw`r
Francisco Gutierrez ,--, rA)(
Executive Director
Finance & Management Services Agency z"
25B -2
AGREEMENT WITH VERITEX TO PROVIDE LEGAL SUPPORT SERVICES
THIS AGREEMENT is made and entered into this I st day of July, 2016 by and between
Veritext Corporation, ( "Provider "), 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. The City desires to retain a Provider having special skill and knowledge in the field of
providing legal support services including court reporting, transcription, and translation
services.
B. Provider is in the business of providing legal support services in the form of court
reporting, transcription and translation services.
C. In undertaking the performance of this Agreement, Provider represents that it is
Knowledgeable in this field and that any services performed by Provider under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional fine in the field.
NOW THEREFORE, in consideration of the nnitual and respective promises, and subject to the
terms and conditions hereinafter set forth, the patties agree as follows.
1. SCOPE OF SERVICES
Provider shall provide legal support services to the City in the form of court reporting,
translation, and transcription services as outlined in the attached Exhibit A and
incorporated by reference as though hilly set forth herein,
2. COMPENSATION
a. City agrees to pay, and Provider agrees to accept as total payment for its services
the rates and charges identified in Exhibit A. The total sum to be expended under
this Agreement shall not exceed Fifty Thousand Dollars, $75,000.00 during the
term of this Agreement.
b. The parties recognize that services were provided since August 2016 that
inadvertently exceeded the available funds under a previous agreement, The
parties acknowledge and agree that this Agreement will cover the outstanding
invoices for services rendered by Provider since August 2016.
C. Payment shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set
forth in the Recitals which may be expected by the City.
Page ] of 8
25B -3
3. TERM
This Agreement shall commence on the date first written above and shall terminate on
December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended by a writing executed by the City Manager and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Provider shall, during the entire term of this Agreement, be construed to be an
independent Provider 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 Provider
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Provider shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Provider 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.
9. INSURANCE
Prior to undertaking performance of work under this Agreement, Provider shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Provider shall maintain commercial
general liability insurance mining the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to properly, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) nacre the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self - insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
Page 2 of 8
25B -4
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Provider, if Provider has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to
commencing the performance of the work under this Agreement, Provider agrees
to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
d. If Provider is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single
limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Provider
pursuant to this section:
(i) Provider shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Provider shall supply City with a fully executed additional insured
endorsement.
If Provider fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Provider's right to be paid for its time and materials expended. prior to
notification of termination. Provider waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
6. INDEMNIFICATION
Provider agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, 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 Provider or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described ill
section I 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
Page 3 of 8
25B -5
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 Provider 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 Provider's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Provider.
7. CONFIDENTIALITY
If Provider receives from the City information which due to the nature of Stich
information is reasonably understood to be confidential and /or proprietary, Provider 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.
8. CONFLICT OF INTEREST CLAUSE
Provider 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.
9. 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. Clerk of the Council
City of Santa Ana.
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax: (714) 647 -6956
With copies to:
City of Santa Ana
Office of the City Attorney
20 Civic Center Plaza, 7a, Floor (M -29)
P.O. Box 1988
Page 4 or 8
r
Santa Ana, California 92702
Fax: (714) 647-6515
To Provider: Veritext Corporation
Nina Kirsch, Regional Vice President
707 Wilshire Blvd., Suite 3500
Los Angeles, CA 90017
Fax: (213) 652 -1801
A party may change its address by giving notice in writing to the other party. 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, convnunication 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 frarnes, weekends, federal, state, County or City holidays shall be excluded,
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Provider regarding the subject matter therein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terns 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 Provider, 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 Provider nor 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 are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Provider,
Provider 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.
12. 'TERMINATION
'Phis Agreement may be terminated by the City upon thirty (30) flays written notice of
termination. In such event, Provider shall be entitled to receive and the City shall pay Provider
compensation for all services perfiarmed by Provider prior to receipt of such notice of termination.
13. NON - DISCRIMINATION
Page 5 of 8
25B -7
Provider shall not discriminate because of race, color, creed, relation, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities under this Agreement.
Provider affinns that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
14. 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 patties 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.
15. PROFESSIONAL LICENSES
Provider 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. Provider 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.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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 firlly set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D.HUIZAR
Cleric of the Council
CPI°Y OF SANTA ANA
GERAR.DO MOUET
Acting City Manager
Page 6 of 8
r -
APPROVED AS TO FORM: VERfTEX'I'
SONIA R. CARVALHO
City Attorney
B ra
Laura A. Rossini U
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
R
SOMA — --
5�.�kRVAIa-0----
City Attorney
Name:
Title:
Page 7 of 8
25B-9
EXHIBIT "A"
PEES AND SERVICES
Page 8 of 8
25B -10
Pricing includes original and one certified transcript
• Exhibits are scanned, linked and OCR'd (searchable) with every delivery
• Complimentary Online Scheduling and Deposition Management through VIP21
• Complimentary Online support to all transcripts and exhibits through VIP21
• Complimentary laptops provided upon request
Services
Original + One certified transcript
Pricing
$5.25 / page
Expert witnesses
$5.50 / page
Appearance Fee
No Additional Charge
Rough Transcript
$1.50 / page
Interactive Real -time
$1.65 / page
*We do NOT add additional charges to the page rate for videotaping or interpreters
Next Business Day Delivery
Expedited Delivery
100% of page rate
10% / day
Video Services
All video is billed at a bundled hourly rate and includes set up, recording time, tape stock, digitizing to the
DVD, synchronizing of the videotape to the transcript and client viewing copy
Video Services including synched DVD
DVD disks
Digitization of Video
Video Services on DVD (not synched)
Veritext Virtual (webcam interface)
Veritext Virtual (webcam interface) w /Streaming Text
Veritext Virtual (webcam interface) w /Exhibits
Veritext Virtual (webcam interface) w /Exhibits and Streaming Text
Veritext Virtual (webcam interface)
Veritext Virtual (webcam interface) w /Streaming Text
*Additional phone charges may apply for international calls
* *Real -time fees will apply to this service
Native Evidence Capture
EITT
LEGAL SOLUTIONS
All
25B -11
$195.00 / hour
Included
Included
$175.00 / hour
$395.00 / day initial two users
$495.00 / day initial two users **
$595.00 / day initial two users
$695.00 / day initial two users **
$195.00 / day additional users
$295.00 /day additional users **
$650.00 / day
Confidential 19/17/2014 I Page 1
Exhibits
Exhibits, black and white (hard copy) $0.30 / page
Exhibits, color or oversized Actual cost
Exhibits scanned — searchable OCR $0.35 / page
XMS (online real -time exhibit management) $295.00 / day plus $0.25 / doc /
month
Shipping
Shipping and Handling $ 35.00
Production and Processing $ 50.00
Messenger Actual cost
Litigation Support and other services
Condensed Transcript Complimentary
CD Depo (includes ASCII file, E- Transcript
PDF, TextMap and digital images of exhibits) $45.00 / transcript
CD Depo w/ LEF or SBF $58.00 / transcript
CD Depo w LEF & SBF $61.00 / transcript
Travel
Locally No charge
Internationally Cost / Daily per diem
Additional Court Reporter Costs
Minimum to Noticing Party
$295.00
Non - Appearance Per Diem (2 -hour cancellation policy)
$225.00
Certificate of Non - Appearance
$275.00
Weekend and Holiday Per Diem
$350.00 /full day
Overtime, before 9:00am /after 6:00pm
$75.00 / hour
Court /Trial /Arbitration
Please call for quote
Conference Rooms - Veritext locations
Complimentary
Confidential proposal. Veritext does not authorize the release or the distribution of these rates to any
law firm, court reporting agency or litigation support services entities.
VERITEXT
LEGAL SOLUTIONS
25B -12
Confidential 1 9/17/2014 1 Page 2
Services
Original + One certified transcript
Pricing
$5.50 / page*
Per Diem
$450 / day
Rough Transcript
$1.50 / page
Interactive Real -time
$1.65 / page
*if no transcript is ordered, 75% of the page rate is charged.
Next Business Day Delivery
Expedited Delivery
Litigation Support
Condensed Transcript
CD Depo (includes ASCII file, E- Transcript
PDF, TextMap and digital images of exhibits)
Additional Reporter Costs
Weekend and Holiday Per Diem
Overtime, before 9:00am /after 6:00pm
Shipping & Handling
Production & Processing
100% of page rate
10% / day
Complimentary
$45.00 / transcript
$300 /day (in addition to
regular per diem)
$75.00 / hour
$35.00
$50.00
Confidential Proposal. Veritext does not authorize the release or the distribution of these rates to any law
firm, court reporting agency or litigation support services entities
VERITEXT
"�• Mgwlll LEGAL SOMIONS
25B -13
Confidential 13/10/2017 I Pagel
25B -14