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HomeMy WebLinkAboutCron & Associates Transcription, Inc. - 2023-07-01 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CRON &ASSOCIATES TRANSCRIPTION, INC. FOR TRANSCRIPTION SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, CRON & ASSOCIATES TRANSCRIPTION, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide transcription services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Mary Elizabeth R who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 23-12810/308625 1 of 13 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 3/I , 2023 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety Nine Thousand Dollars ($99,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 23-12810/308625 2 of 13 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'S counsel. This indemnity shall 23-12810/308625 3 of 13 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A'above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 23-12810/308625 4 of 13 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If-insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT 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 23-12810/308625 5 of 13 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. _ shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 23-12810/308625 6 of 13 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 23-12810/308625 7 of 13 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Cron&Associates Transcription, Inc. ATTN: Lt. Oscar Garcia Attn: Cristine Cron 2000 Main Street 10352 Miralago Place Huntington Beach, CA 92648 Santa Ana, CA 92705 (714) 573-7172 23-12810/308625 8 of 13 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter genderr and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall. be construed so as to require the commission of any act 23-12810/308625 9 of 13 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor .work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23-12810/308625 10 of 13 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES 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 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 23-12810/308625 11 of 13 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 23-12810/308625 12 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, CRON&ASSOCIATES TRANSCRIPTION, a municipal corporation of the State of INC California By: 6.0tei-, 7)1. .1 '" .' City Manager - eZ/S 7`,A.11E rr. print name INITIATED AND APPROVED: ITS: (circle one)Chairman/Pr at'/ ice President AND Police Chief APPROVED AS TO FORM: /Aw/zzA!&c C.L M1 print name �IT ,cle one)Secretary/Chief Financial Officer/Asst. City Attorney Trcasurer Date • bUNTE ART RECEIVE AND FILE: City Clerk Date • 23-12810/308625 13 of 13 CONSULTANT, CITY OF HUNTINGTON BEACH, CRON&ASSOCIATES TRANSCRIPTION, a municipal corporation of the State of INC. C: ifornia By: City lVeanage print name INITI D AND A O ED: ITS: (circle one)Chairman/PresidentNice President AND Police Chief By: APPROVED AS TO print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. C1 A orney Secretary—Treasurer D e COUNTERPART RECEIVE AND FILE: 42tifit, 9.6'/-41114,14td City Clerk Date -// 7/23 23-12810/308625 13 of 13 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Available 24/7 - Cron & Associates operates 24/7, 365 days per year for transcription services. We are readily available to all personnel and officers to answer their calls 24 hours a day for emergency-needed reports. We do not use an answering service to take our calls. A live person/employee from Cron &Associates is available to take calls 24/7, 365 days a year. Secure privately-owned Server - Cron & Associates privately owns and maintains a secure server. We always have and will continue to spend extra funds to keep all work secure for our accounts. All transcribers work from the same database that is secure, owned, and operated by Cron & Associates Transcription, Inc. There are no other agencies that share our database. Our server and database system is not cloud-based. All work is performed on a secure server owned and operated privately by Cron & Associates. All work is also sent via a secure website also privately owned by Cron & Associates so that no second or third parties have any rights to our accounts. Our dictation server is also privately owned. We just recently purchased a new dictation system from Dolbey Systems, Inc. We could have saved a lot of money and started using a cloud-based dictation server but chose to do the right thing and purchase another transcription system that is privately owned and operated by Cron & Associates. We have 24-hour support that will help maintain 24/7 service. The server is equipped with secure features so no third-party companies can have access to the system. All.Huntington Beach officers and personnel are set up on the system and are given user IDs and passwords to access their personal dictation account with Cron &Associates. Secure Transfer Method - We return reports back to the departments via a Secure Server, HTTPS secure login, password protected and encrypted link. We also have our FTP site set up only to be accessed with exact IP addresses. No other IP addresses can access our server. IV Computer in Tustin, CA provides support for server maintenance by applying latest patches, checking server backups, monitor server drive health and uptime. Cron &Associates has a team of highly skilled transcribers. Each transcriber has 20 years or more experience transcribing police and government reports. All members at Cron & Associate's transcription team have been Live Scanned, polygraphed, and background checked, and signed confidentiality agreements. Every transcriptionist is covered under the Cron & Associates' insurance umbrellas for all insurance required from the City of Huntington Beach. With 25 years of experience transcribing exclusively for police and government agencies, we are very aware of all statutory laws relating to privacy and confidentiality. We take confidentiality very seriously. All transcribers have been verbally made aware and have EXHIBIT A signed confidentiality agreements. We will always protect the departments we service by adhering to all requirements of privacy and confidentiality. English/Spanish -Cron&Associates can transcribe/translate in both the English and Spanish language. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Cron &Associates transcribes dictations that have been recorded by Huntington Beach officers on the Cron Digital Dictation System.. Reports are returned to officers on via secured server. Interrogation and internal affairs reports are also transcribed via flash drive and CD and returned to the requesting officer in a deposition format/court ready transcription also via secured server. C. CITY'S DUTIES AND RESPONSIBILITIES: Police Department personnel will be trained by Cron&Associates to use their service. Personnel will call into a secure dictation system that is privately owned by Cron&Associates. Personnel will designate a priority number for every dictation they enter into the system. At any time personnel can call Cron&Associates 24/7, 365 days a year, and push a report in front of all other reports in the system if needed immediately when priority situations arise. Personnel can call Cron & Associates if they have a request to transcribe an interrogation, Internal Affairs report, or employee evaluation. D. WORK PROGRAM/PROJECT SCHEDULE: Cron&Associates is available 24/7 365 days a year to transcribe daily police Dictations and Interrogation interviews. Dictated reports are returned within 24 hours or sooner. Interrogation/interviews are returned in 5 working days unless specified needed sooner. • EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached Exhibit B B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. ' In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT B 2023 Section B Pricing Transcription of Daily.Dictated Reports 1. Dictated Reports-Standard Turnaround .26 PER LINE 2. Dictated Reports-Expedited Turnaround .42 PER LINE 3. Dictated Reports-Off Hour Reports 1lpm-6 am .55 PER LINE INTERROGATION INTERVIEWS-ENGLISH 4. Interviews (Suspect, Witness, Victim, Other)-Standard Turnaround 5.75 PER PAGE 5. Interviews (Suspect, Witness, Victim, Other)-Expedite 13.20 PER PAGE 6. Interviews (Suspect, Witness, Victim, Other)-Next day Turnaround 17.00 PER PAGE VIDEO IN ENGLISH 7. Interviews (Suspect, Witness, Victim, Other)-Standard Turnaround 8.50 PER PAGE 8. Interviews (Suspect,Witness, Victim, Other-Expedite 17.60 PER PAGE 9. Interviews (Suspect, Witness, Victim, Other-Next day Turnaround 26.40 PER PAGE *The audio can be stripped from most videos and would be invoiced at the lower rate above for Interrogation interviews in English* INTERROGATION INTERVIEWS-SPANISH 10. Interviews (Suspect, Witness, Victim, Other)-Standard Turnaround 16.50 PER PAGE 11. Interviews (Suspect, Witness, Victim, Other Expedite 22.00 PER PAGE 12. Interviews (Suspect, Witness, Victim, Other-Next day Turnaround 27.50 PER PAGE VIDEO IN FOREIGN LANGUAGE 13. Interviews (Suspect, Witness, Victim, Other)-Standard Turnaround 20.00 PER PAGE 14. Interviews (Suspect, Witness, Victim, Other-Expedite 25.00 PER PAGE 15. Interviews (Suspect, Witness, Victim, Other-Next day Turnaround 30.00 PER PAGE *The audio can be stripped from most videos and would be invoiced at the lower rate above for Interrogation interviews in Spanish* PRICING NOT MENTIONED BUT CONSIDERED TO BE ADDED TO CONTRACT • 16. Inaudible English Interrogations 10.50 PER PAGE 17. Inaudible Spanish Interrogations 30.00 PER PAGE ** "Inaudible"would be considered body camera with lots of commotion and outside noise,jail cell interviews,very difficult to understand** PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) p6/21/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEETIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Yorba Linda Insurance Services,Inc. A CONTACT Ryan Barak PHIrCONE o.an: (714)'777-8368 FaArc,Not: (714)777-6389 4848 Lakeview Ave Ste 201-D NAIL ADDRESS; Ryan@ylinsurance.com INSURER'S)AFFORDING COVERAGE NAIL N Yorba Linda CA 92886 INSURER A: UNITED STATES LIABILITY • INSURED INSURER B: Cron&Associates INSURER C: 10352 Miralago Place INSURER D: INSURER E: Santa Ana CA 92705 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 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.s4 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRTYPE OF INSURANCE IN: , I ID POLICY NUMBER IMMIDDIYYYYI fMMIDDIYYYYL COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE ' ,OCCUR PREMISES Ma occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ POLICY l ,JECT LOC $ 1 OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea accident) BODILY INJURY(Per person) $ ANY AUTO OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY —AUTOS HIRED NON-OWNED PROPERTY DAMAGE g AUTOS ONLY' — (Perace(denU AUTOS ONLY $ EACH OCCURRENCE $ UMBRELIALUIB OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ I I DED RETENTION$ - I I $ WORKERS COMPENSATION STATUTE 4 I I ERH AND EMPLOYERS'LIABILITY E.L EACH ACCIDENT $ N!A ANY PROPRIETORIPARTNERIEXECUTIVE Y�, I OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ (Mandatory In NH) If yes describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below Each Claim Limit $1,000,000 Professional Liability Y SP1561347G 10/24/2022 10/24/2023 Annual Aggregate Lin $2,000,000 A Deductible $0 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) • Those Usual to the Insured's Operations • 10 Days Notice of Cancellation for Non-Payment of Premium APPROVED AS TO FORM Certificate Holder is Hereby recognized as an Additional Insured with a written contract or agreement with the Named Insured MICHAEL E. GATE:: CITY ATTi: i CITY OF HUNTU�i, I';la.,. :Ac:H CERTIFICATE HOLDER CANCELLATION THEUEXPIRATION THE ABOVE VTHERE F1, NOTICE POLICIES WILLCANCELLED BE DELIVERED f2I ACCORDANCE WITH THE POLICY PROVISIONS. The City of Huntington Beach AUTHORIZED REPRESENTATIVE 2000 Main Street a A,.R /� — Huntington Beach CA 92648 �/ ©1988-2015 ACORD CORPORATION. Ail rights reservf • ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 7/17/23, 12:46 PM PlanetBids Vendor Portal TRANSCRIBING SERVICES 2023-0324 Showing 3 Bid Results Vendor Type Bid Amount Rank Responsi Cron&Associates Transcription, Inc. $230.6800 0 10352 Miralago Place Santa Ana,California 92705 Contact: Cristine Marie Cron Phone:714-573-7172 Huntington Court Reporters and $245.5400 0 Transcription, Inc. 352 South Drive Natchitoches, Louisiana 71457 Contact:Ann Bonnette Phone:800-586-2988 Spec Translations Inc. $290.3200 0 1005 Straightaway CT. Oceanside, CA 92057 Oceanside, California 92057 Contact: Manmohan Kaur Phone:760-807-9572 • https://pbsystem.planetbids.com/portal/15340/bo/bo-detail/102398#bidResults 1/1 7/17/23, 12:45 PM PlanetBids Vendor Portal TRANSCRIBING SERVICES 2023-0324 Bid Detail Project Title TRANSCRIBING SERVICES Invitation # 2023-0324 Bid Posting Date 02/16/2023 4:39 PM (PDT) Project Stage Closed Bid Due Date 03/24/2023 4:00 PM (PDT) Response Format Electronic Project Type RFQual (Request for Qualification) Response Types Line Items Response File Type of Award Lump Sum Categories 96172-Transcription Services:Academic, Braille, Legal, Medical, Etc. 96175-Translation Services License Requirements Department Finance Address 2000 Main Street Huntington Beach, California 92648 County Orange Bid Valid Liquidated Damages Estimated Bid Value Start/Delivery Date Project Duration https://pbsystem.planetbids.com/portal/15340/bo/bo-detail/102398 1/2 7/17/23, 12:45 PM PlanetBids Vendor Portal Bid Bond Bid Bond 0.00% Payment Bond 0.00% Performance Bond 0.00% Pre-Bid Meeting Information Pre-Bid Meeting No Online Q&A Online Q&A Yes Q&A Deadline 03/02/2023 4:00 PM (PDT) Contact Information Contact Info Cody Hernandez 714-960-8878 cody.hernandez@surfcity-hb.org Bids to Owner's Agent Description Scope of Services The City of Huntington Beach is seeking a highly qualified firm to provide off-site transcription services for the Police Department.The City dictates on average 12,000 lines a month with some months over 20,000 lines.Additionally, there are needs for investigation daily reports and interrogations that need to be transcribed. Other Details Notes Special Notices Local Programs &Policies https://pbsystem.planetbids.com/portal/15340/bo/bo-detail/102398 2/2 /oW -; CITY OF HUNTINGTON BEACH *-. CTpy� u, \,fey r� ,,Q Professional Service Approval Form Yfc'°"= '= PART II RECEIVED Date: $/3)2_1)2.3 Project Manager: CAA-. 06CAa 4iIRCIA MAY 03 2023 Requested by Name if different from Project Manager: Department: Choose One PC,IJCt FItnnnnc& Department PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: CI5 e, O/V 2) Contract Number: CHOOSE DEPARTMENT 3) Amount of this contract: $ gl, 9-oa Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2_3/2`1 2-41/2_6- 21;-)Zlv /00 ID Zo/ -al 3c7; $33, p ocO $ 3 3, o oD $3 3, 000 $ -- $ $ $ $ $ $ $ $ 4) Is this contract less than $50,000? ❑ Yes tZil No 5) Does this contract fall within $50,000 and $100,000? i! Yes ❑ No 6) Is this contract over$100,000? ❑ Yes 'A No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? N Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, w ctraescnbes the proposed scope of work. 10) Attac xhibit B which escrib 'the payment terms of the contract. Department Head Date P,Z5--/--A - S//-1/ZuL., Principal Finance Analyst(Purchasing) Date / k.: SA-I/is)L3 Bud et Manager Approval Signature Date 7-3-____________-. /q-7 2 3 Chief Financial fficer(or designee) Signature Date professional service approval form-part ii.doc REV: 10/2019 RECEWED MAY 2 2 2023 City of Huntington Beach City Attorney's Office