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Home My WebLink AboutORANGE COUNTY COURTHOUSE REPORTING CONNECTION LLCINSURANCE ON FILSc WORK MAY PROCEED MAYOR NPIINSURANG EXl'IR[:S MiguelA. Pulido �C(� MAYOR PRO TEM �-�=—��------•----•--^' Michele Martinez CLEIK�F C JUNCIL COUNCILMEMBERsDffE', NOV 0 5 2018 P. David Benavides Vicente Saniento Jose S010HO Sal Tlnaler0 Juan Villegas 0`- cAb rlx�c �jacrtiai CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 Civic Center Plaza, M29 . P.O. Box 1966 Santa Ana, California 92702 714-647-5201 s Fax 794-647-6525 wwwsilnta-ana,oro October 25, 2018 Via E-Mail,(Jfraine5,occourthousecontiection.com) Orange County Courthouse Reporting Connection LLC Attn: Jenee Fraine 615 West Civic Center Drive Suite 305 Santa Ana, CA 92701 Dear Ms. Fraine, Letter Agreement for Court Reportinu Services f � I CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D, Hulzar This letter shall be our Agreement ("Letter Agreement") regarding the services ("Services") to be provided by Orange County Courthouse Reporting Connection LLC ("Consultant") as an independent contractor to the City of Santa Ana (the "City") in relation to the City Attorney's Offices requirements for on-call court reporting services ("Services"), City and Consultant are sometimes referred to herein as "Party" or collectively as the "Parties." The term of this Letter Agreement shall be from October 25, 2018 to October 24, 2019, unless extended in writing or earlier terminated as provided herein. Consultant shall perform the Services within the term of this Agreement, and shall meet any other established schedules and deadlines as required by the City. The Parties may, by mutual, written consent, extend the term of this Agreement, if necessary, to complete the Services. Consultant shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State ofCalifomia, and consistent with all applicable laws. Consultant represents that it, its employees and subcontractors have all certifications, licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and shall be maintained throughout the term of this Letter Agreement. Compensation shall be based on the actual amount oftime spent in adequately performing the Services, and Consultant shall provide invoices for services based on rates mutually written and agreed upon by the Parties. Consultant's rates for court reporting services are set at $850 for a full day of trial and SANTA ANA CITY COUNCIL M,9uW A. fV-do Whete maWt vicewe sarmieft Jose aatmlo P. OaAd 6enaVW s dawn Wle9as SM rinawo WyW Relays Pm Tem, Ward 2 Walt Wali WaM4 Ward5 Watd6 mulatuWkWAM rtri� isot9dafiesania mra re 2k0WAN042tfa.ena au -viuenasfv;mta.ana as xaftagpn-n Page 2 of 3 $375 for a half-day motion. The total compensation shall not exceed ten thousand dollars ($10,000). Consultant's invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City Attorney's office as performance of the Services progresses. The City shall review and pay the approved charges on such invoices in a timely manner. The City has previously engaged Consultant to provide Services for the City and, by operation of this letter, agrees to pay Consultant for services as noted in the attached invoices identified as Exhibit A to this Letter Agreement. The total for this prior work shall not exceed $1,564.25 and shall not affect the not to exceed amount for this Agreement, as detailed above. The parties agree that the invoices attached as Exhibit A are the only outstanding invoices by Consultant for services provided to the City prior to the date of this Letter Agreement. The City may terminate this Letter Agreement at anytime with or without cause, Ifthe City finds it necessary to terminate this Letter Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter Agreement upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. As to this Agreement, City will require proof of Professional Liability insurance and Worker's Compensation coverage or an exemption to this coverage by the Consultant. Finally, Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law, As provided for in the indemnity obligations of this Letter Agreement, Consultant shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Orange County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 e1 sea. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Letter Agreement, the prevailing Party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorney's fees, as determined by the court. SANTA ANA CITY COUNCIL Miguel A. Puked Michele Marlines Viceme Sarmiento Jose Solono P. ()avid Sen.0des Juanvillegas Sal Tmajem Mayor Mayor Pro Tem. Ward 2 Wards Ward Ward Ward Ward emulidgAsone-ana oro mi�warm entoCo?sanla-ana org Molorio@,SgjgpRU-rg nnenamdellQ,S®pla-aa- $anla-anaoro l 'ero santaanaoro Page 3 of 3 Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the City, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated titlly in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. Consultant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you agree with the terms of this Letter Agreement, please indicate by signing and dating two originals where indicated below and return both to the undersigned. CITY OF SANTA ANA Approved by: Raul Godinez II City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Foam: Sonia R. Carval o City Attorn >f / By: Sy'tridra M. Schwtarzmann (-'Senior Assistant City Attorney ORANGE COUNTY COURTHOUSE REPORTING CONNECTION LLC Reviewed and Accepted by Consultant: Agnature a• �V s enas Fraina Print Name: --RaCtner Title 1-0--25-18 Date SANTA ANA CITY COUNCIL Miguel A. PNido Michele Martinez Vicente Saanienlo Jose Solorio P. David Renavides Juan Vllegaa Sal Tinajero Mayor Mayor Pro Tem, Ward 2 Ward / Ward 3 Ward 4 Ward 6 Ward b moulidona sonlananaora mimadinez(rkaanla-ana nrn vsarmicnloRsanla-tlo j;olgrio gan a;al}�,rg gbenay�l gg(usan(a-nna.orn jvilfegasColSan(a-ana ora linneroRdspnlaana bm Orenpe County Courthouse Repotting Connectlon LLC 615 West Civic Center Drive Suite 305 Santa Ana, CA 92701 US (714)749-1430 contact@occourthouseconnection.com www.occourthouseconnection.com BILL TO City Attorney of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, CA 92702 CASE NAME Gomez v. City of Santa Ana DATE ACTIVITY 12/15/2017 Howkrp Half-day per diem 12/15/2017 Trwwcdpt Attorney Appearing On Matter: Sandra M. Schwaamann Please make check payable to OCCRC. OCCRC EIN # is 82.1174043. Exhibit A CASE 1 30-2017.00899044 QTY 1 1 BALANCE DUE CRC County Courthouse Reporting Connection INVOICE N 1321 DATE 12/1912017 TERMS Due on receipt RATE 350.00 89.25 AMOUNT 350.00 89.25 $439,25 Orenpe County Courtltouse Repertlng Conmodw LLC 815 West Civic Center Drive Suite 305 Santa Ana, CA 92701 US (714)749-1430 contact@occourthouseconnection.com www.occourthouseconnection.com BILL TO City Attorney of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, CA 92702 CASE NAME Wagner v. City of Santa Ana DATE ACTIVITY 07/19/2018 Hearing Half-day per diem Attorney Appearing On Matter; Tamara Bogosian Please make check payable to OCCRC. OCCRC EIN # is 82-1174043. CASE 1 30.2018-00997108 CRC County Courthouse Reporting Connection INVOICE 11517 DATE 07124/2018 TERMS Due on receipt OTY RATE AMOUNT 1 375.00 375.00 BALANCE DUE 03755.00 Om tge County Courthouse Reporting Connection LLC 815 West Civic Center Drive Suite 305 Santa Ana, CA 92701 US (714)749.1430 contact@occourthouseconnection.com www.accourthouseconnection.com BILL TO City Attorney of Santa Ana 20 Civic Center Plaza M-29 P.O, Box 1988 Santa Ana, CA 92702 OASE NAME Heider v. City of Santa Ana DATE ACTIVITY 07/20/2018 Hearing Half-day per diem Attorney Appearing On Matter: Tamara ®ogsian Please make check payable to OCCRC. OCCRC EIN # is 82.1174043. CRC Orange County Courthouse Reporting Connection INVOICE # 1518 DATE 07/21/2018 TERMS Due on receipt CASE 30.2018-00997108 QTY RATE AMOUNT 1 375.00 375.00 BALANCE DUE $3%5.0® Civil County Courthouse RepoNrg Conneabon LLC 615 West Civic Center Drive Suite 305 Santa Ana, CA 92701 US (714)749.1430 contact@occourthouseconnection.com www.occourthouseconnection.com BILL TO City Attorney of Santa Ana 20 Civic Center Plaza M•29 P.O. Box 1988 Santa Ana, CA 92702 CASE NAME Wagner vs. City of Santa Ana DATE ACTIVITY 08/16/2018 H68rtrg Writ Attorney Appearing On Matter: Tamara Bogosian Please make check payable to OCCRC. OCCRC EIN # Is 82.1174043. CRC Orange County Courthouse Reporting Connection INVOICE 0 1549 DATE 08/16/2018 TERMS Due on receipt CASE N 302018.00997108 QTY RATE AMOUNT 1 375.00 375.00 BALANCE DUE �%J.®0 CUSTOMER NUMBER: 2450956 AT�,��All ISSUE DATE ...I)t, Y -.; October 17, 2018 PRODUCER .. ___._. ....,«,. THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY Mercer Consumer, a service of AND CONFERS NO RIGHT UPON THE MEMORANDUM HOLDER. THIS Mercer Health & Benefits Administration LLC MEMORANDUM DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box COMPANY AFFORDING COVERAGE A Des Moinees,s, IA 503063576 COMPANY LETTER A LIU International Underwriters INSURED OC Courthouse Reporting Connection Suite 305 615 West Civic Center Drive Santa Ana, CA 92701 REFLECTS COVERAGE IN EFFECT ON ABOVE "ISSUE DATE" _ yy yyf Ln t x{frY S��Y :.,3tW tkF(r.t. YIM t {. .., i I4� {� �l„ iYp It ... �H l t t� �tF.t,... L.:e_t l.s I ,.. ....«.. S...I''—rva�1 t THIS IS TO CERTIFY THAT THE CERTIFICATE LISTED BELOW HAS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CERTIFICATE. THE LIMITS SHOWN BELOW MAY HAVE BEEN REDUCTED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE CERTIFICATE NUMBER EFFECTIVE DATE EXPIRATION (MM/DD/YY) DATE (MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OPS AGGREGATE $ OCCR. PERSONAL & ADVERTISING INJURY $ EACH OCCURANCE $ FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON $ AUTOMOBILE LIABILITY COMBINED snip - SINGLE $ LIMIT BODILY T• INJURY $ '+.t FY (Per Person). =k=.,:SC+.i BODILY t e`kd "• NON -OWNED AUTOS INJURY $ 3:}l':!9:".M_? (Per Accident)Wait"�i&l„j PROPERTY DAMAGE $ ° ” �' gii"ir Jh:�"N' ACTUAL LIMITS BELOW A PROFESSIONAL LIABILITY National Court CRE -117020001 11/07/201711/07/2018 INCIDENT $500,000 AGGREGATE $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/COVERED PERSONS/SPECIAL ITEMS: EVIDENCE OF INSURANCE Retroactive Date: 11/07/2017 APPRO D AS 'O FORM MEMORANDUM HOLDER SHOULD THE ABOVE DESCRIBED CERTIFICATE BE CANCELLED .---- BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING S n ra M. Schwarzmann COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE ' r Assistant City Attorney TO THE MEMORANDUM HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OC Courthouse Reporting Connection OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS TO REPRESENTATIVES. Suite 305 615 West Civic Center Drive Timothy R. Weber Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE J r A— 10/17/2018 CUSTOMER NUMBER: 2450956 g�mqmgg MEW '5 A q, *r g -ISSUE DATE .11M v. T r1g, October 29, 2018 PRODUCER THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY Mercer Consumer, a service of AND CONFERS NO RIGHT UPON THE MEMORANDUM HOLDER. THIS Mercer Health & Benefits Administration LLC MEMORANDUM DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 14576 COMPANY AFFORDING COVERAGE Des Moines, [A 503063576 COMPANY LETTER A LIU International Underwriters INSURED OC Courthouse Reporting Connection Suite 305 615 West Civic Center Drive Santa Ana, CA 92701 REFLECTS COVERAGE IN EFFECT ON ABOVE "ISSUE DATE" NINE 1`1111"Iffirl- IF 1K g, ir,� gi, 'A' N-SN"W"M MO� M, IT-1110MIUMm LEM FN -�,Mp Imme . . ...... -KM, EEL MANY, THIS IS TO CERTIFY THAT THE CERTIFICATE LISTED BELOW HAS BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CERTIFICATE, THE LIMITS SHOWN BELOW MAY HAVE BEEN REDUCTED BY PAID CLAIMS. Co TYPE OF INSURANCE CERTIFICATE NUMBER EFFECTIVEEXPIRATIONLTR DATE DATE (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OPS AGGREGATE $ OCCR, PERSONAL & ADVERTISING INJURY $ EACH OCCURANCE $ FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AUTOMOBILE LIABILITY COMBINED i Mgmnj�y SINGLE $ LIMIT in, pn- BODILY INJURY $ WARR; Per Person) NON-OWNEDAIJTOB BODILY INJURY R i $ M 1-MNM (Per Accident) PROPERTY DAMAGE $ ACTUAL LIMITS BELOW A PROFESSIONAL LIABILITY National Court CRE -118738001 11107/2018 11107/2019 INCIDENT $500,000 AGGREGATE $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/COVERED PERSONS/SPECIAL ITEMS: EVIDENCE OF INSURANCE Retroactive Date: 11107/2017 MEMORANDUM HOLDER SHOULD THE ABOVE DESCRIBED CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE MEMORANDUM HOLDER NAMED TO THE LEFT, BUT frN, FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION City of Santa Ana/City Attorney's Office D Office OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS 20 Civic Center Plaza, M-29 TO REPRESENTATIVES. Santa Ana, CA 92701 APPR E S OFORM Timothy R. Weber AUTHORIZED REPRESENTATIVE 10129/2018 kV andra . Schwarz ann Y14 I , imior ASSIStallit %-Illy ARorney WORKERS' COMPENSATION DECLARATION I J e n e e F ra i n e hereby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of ®C C RC' that during the term of my Court Reporting pyName) contract for ool}e p 1 L! 9 services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: 10-29-18 By. Jenee Fraine Name: Title: Partner Telephone. 714-313-1015 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.