HomeMy WebLinkAboutC-4504 - On-call Litigation Document Support Services�? PROFESSIONAL SERVICES AGREEMENT WITH
Y ENCORE DISCOVERY SOLUTIONS FOR ON -CALL
LITIGATION DOCUMENT SUPPORT SERVICES
THIS AGREEMENT is made and entered into as of this 22nd day of December,
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and ENCORE LEGAL SOLUTIONS, INC, a Delaware corporation DOING
BUSINESS AS ("DBA ") ENCORE DISCOVERY SOLUTONS, whose address is 444
South Flower Street, Suite 2035, California 90071 ( "Consultant'), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for litigation document support services.
C. City desires to engage Consultant to perform on -call litigation document support
services for the City on an as needed basis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Dean J.
Lewis.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 315t day of December, 2011, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" litigation document support services as described in
the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request
from the Project Administrator, Consultant shall provide a letter proposal for services
requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter
Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed basis, in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit "B" and incorporated herein by reference.
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 12
No rate changes shall be made during the term of this Agreement without the prior written
approval of the City. Consultant's compensation for services performed in accordance
with this Agreement, including all reimbursable items and subconsultant fees, shall not
exceed the fees identified in the Letter Proposal, as approved by the Project
Administrator. Any Letter Proposal that sets forth fees in excess of Thirty Thousand
Dollars and No Cents ($30,000.00) shall require a separate Professional Service
Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Dean J. Lewis to be its Project
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 13
Manager. ' Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Office of the City Attorney. Leonie H.
Mulvihill shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely
manner so as not to cause delays in Consultant's work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 14
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any work performed or services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. 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 the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 15
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 16
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 17
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted
out without the prior written approval of City. Any of the following shall be construed as
an assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 18
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty-
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
without the authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document, transcript and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon written request.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
19. 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 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 to this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City to examine, audit and make transcripts or copies of such records
during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 19
to pay according to the terms of this Agreement. Consultant shall not discontinue work
as a result of such withholding. Consultant shall have an immediate right to appeal to
the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of return that City earned
on its investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
bome by Consultant. Nothing in this paragraph is intended to limit City's rights under
any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
23. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for
damages resulting from Consultant's violation of this Section.
24. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Leonia H. Mulvihill
Office of the City Attorney
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Phone: 949 - 644 -3131
Fax: 949 - 723 -3531
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 110
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant at:
Dean J. Lewis, VP
Encore Discovery Solutions
444 South Flower Street, Suite 2035
Los Angeles, CA 90071
Phone: (213) 627 -3200
Email: deanlewis @encorediscovery.com
25. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days' prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports and other
information developed or accumulated in the performance of this Agreement, whether
in draft or final form.
26. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all work
prepared by Consultant shall conform to applicable City, county, state and federal laws,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
27. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein, whether of the same or a
different character.
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 111
28. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
30. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
31. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
33. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
34. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 112
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
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Assistant City Attdney
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Leilani I. Brown,
City Clerk
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CITY OF NEWPORT BEACH
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By:
David R. Hunt,
City Attorney
CONSULTANT:
Dean J. Lewis, Vice President
Attachments: Exhibit A — Statement of Qualifications
ON-CALL PROFESSIONAL SERVICES AGREEMENT
Page 113
From: Encore Legal
Page: 14/14 Date: 12/23!20091:38:22 PM
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
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CITY OF NEWPORT BEACH
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City Attomey
CONSULTANT:
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Attachments: . Exhlbit A — Statement of Qualifications
ON -CALL PROFESSIONAL SERVICES AGREEMENT
Page 113
This fax was received by FAXCNB on Line 2 tram Encore Legal
Encore Discovery Solutions
ENCORE -
DISCOVERY SOLUTIONS
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& Coding
Encore's discovery professionals offer the knowledge and experience to deliver innovative solutions
that help our clients achieve great results, on time, on a cost-effective basis. The key is outstanding
project management provided by world-class discovery experts. No matter the scope, we divide each
project into four phases and allocate the optimum staffing, reporting and management in each phase.
• Phase I includes assignment of a Project Manager/Consultant, understanding the business
problem, designing a solution that meets your economic and legal objectives and defining
reporting schedules and structure.
• During Phase II, the Project Manager ensures all tasks are completed and milestones are mel. We
have the experience to anticipate potential obstacles and will work around or remove them all
together while keeping our clients informed of our progress. All project managers are experienced
discovery experts who have hands-on experience in complex litigation.
• In Phase III, the actual outcome is compared with the pre -planned objectives to provide timely
progress reports. Our tracking mechanisms are among the best in the industry.
• Phase IV is where Encore delivers the final product to our client and requests a formal acceptance
of the services rendered. This phase ensures Encore has satisfied our clients and provides us an
opportunity to rectify any outstanding questions or issues.
Encore Discovery Solutions is an end -lo -end provider. We apply our project management skills and
protocols to assist corporate law departments and law firms in any or all phases of the discovery
process.
Litigation Readiness
Our objective is to keep all our corporate clients "litigation -ready" at all times. Before our clients are
faced with a potentially high-cost litigation matter, we recommend an initial consultation to determine
the scope, breadth and depth of all electronically stored information within your firm or organization
that might be pursued during discovery. Our consulting deliverables include optimization of legal
strategies, a summary and depiction of the corporate infrastructure topology, the delivery of evidence
production processes and capabilities, and preparation for interrogatories and 30(b)(6) depositions.
Our litigation readiness offerings include:
• Procedures for a Litigation Hold Notice
• Automated preservation tools to remind data custodians of their obligations
• Details on custodians' data previously collected
• Details on where custodian data is located
0 Forensics, Acquisitions and Data Analytics
Encore Discovery Solutions has conducted forensic data collections around the globe and our data
recovery services have been used by many of the world's largest corporations and law firms. Our
WJE WROTE
iHIE BQCiK...RIDA-1m, 0-1131
CLICK HERE
to read an exclusive
excerpt of Computer
Forensics: Incident
Response Essentials
by Encore's Vice
President of Data
Forensics and
Analytics, Warren G.
Kruse II.
http://www.encorediscovery.com/services.html 12/22/2009
Encore Discovery Solutions
taemsic experts wpik side -by.de with your staff to access data storage devices using stateot -thoan
recovery and analysis tads and techniques in an attempt to recover tW rms and diamond files - including
o-marls -far Option discovery, mqulatary readers and investigations. We provide you uMh Me abet' m
locale and rewwr previously inaccessible documents and files. We assist your pre -Nil disclosure Of
pertneot facts or documents; td era a more parties to a civil action or driver legal a admiinst alive
proceeding.
Our team leader. Warren G. Kruse II, CISSP. GFCE, has timid ly written the book on computer
forensics (Computer F... Incident Response Esswwfls . has conducted forensi6 glialty M
support drama of 00 vgnds largest law firms and Fortune 100 companias and Tres testified in ccad
and in hearings as a computer foransi¢ nation.
Areas of Specialization:
• Otigatiw discovery,
• Data wllectiars
• Cyoerinvestigative services
• Copyright infringement investigations
• Trade secretAntelectual property Mae in eadva0ons
• Employee fraud
mrPre - Processing Review and Data Minimization
Once data is coasted. Ensure can provide an accurate assessment of Mull Me data se smalls along
with an estimate of what Me prajed wit oust Our consultants Me mat," the modems d YOa data
quickly, and provide the info ma0on you rated to design an effective data conversion shategy...iree of
charge.
These reports include: a summary of all file types in the data sal, volume of data within each type,
estimated number of pages in Me data W. Wrourlad processing time, and an estimate of Me total
cost to promise Me data into a reviaweMe forma.
Data Minimization
Marcy discovery service pmwdws will recommend Mat you
{axes all or most of Your data and review. at wortuam past .
Beyond Me high cold of processing, the most emensive-and time
consumir"Isise of most discovery prefect s is the review of
d
documents by legal prdecsiarata. Even a simple was Dean
F
produces a sbggerirg a~ ddowmenls to be reviewed in a
shat mTrOd Of Mme. The best Strategy Our minimbing, both
expense and the time espwded is to electronically reduce the
rr a
number of doClntanM t0 be Processed and rewired.
Al Enure. we have the know Mw W other proven strategies and
nai
carry
Me most effective-smart baMntlogies avaiLdw for Data
Mvvvw
armimbaeon, ham simple fiMaMg and dsduptiwtiw to
li
sophisticated wncepbbased searching. Al dour tools allow ue to
know exactly mic, documents are selaled for processing wale
i
documental; the dies and reasons that arguers are desmacted.
o
This provides 100 %accoumadllly for every file, them Mow to be
prowsaed and MOSS th be removed fan processing.
�y
v�.-•r �tYB
As part of a more sophisticated dab minimisation strategy,
Encore deploys Clearadi Systems hicrowlogy se part of Its antl -
toand eDiscovery, edutiav Through our consultants and menu of
unique technologies our clods have been able W.
• Cornpteta eaM pose assessment faster and eater
• Lower MeiteOiawveryprocassingcoslsby WW80%
• ReM1.90 %fowrdowme M(f mporeie anopNilege
• Reduce cycle time an each eDiscovery projed
• Improve Menlibgationsbal eoWthabetferuntlarstendigof a facts
Electronic Data Conversion
We continue to evpedWm a prolfferabon deedrwfc information and documents - Most in email
format but auto in a variety Bother electronic fonts. A large percentage dthe pan assodamol vrith
emdraac data diswwry projxYS is in the processing, or conversion, of electronic and had copydam
to a common database and review solution to ready them for remote. V/e0-0ased review by legal
professionals.
AI EnCone, our electronic discovery solutions have been developed and refined over marry years Of
wpedenee working closely with out alines to understood their needs. As an open source a
- rechmlogy neuVar wriw proi ve do nor suggest Mat them is only we tool a processing
solution bat b right (Or every mama, project or cl Our expalence, helps us design Me most
effichm and codoffecfive solubw for you.
Data Conversion Strategies (Native File or Full Conversion)
Encore helps you choose to orda processing solution Made right for your visa b review documents
in thelr native file format or convert to a standard image formal. We are equally adept at providing
either solution or a hybad tithe wo.let focus is an helping you understand Me benefits and
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Encore Discovery Solutions
weaknesses of each newew solution, so you can choose the option that best meek your requirements.
Once the data has been convened, we will help you design a ravrew strategy (hat addresses your time
and economic constraints. We can create a solution Wriizing your n-house sysrena, or help you
develop a hosted We4tase l strategy.
At Encore. we understand Nat accurate model Is as eadal to Me overall management of your case.
We provide a set of reports in a brpe linked famM Mat accurately account far atl p doeshe files, nory
pmoecsed fles. excep ivre. duplicates, and filtering resWts.
® Document Reprographics and Imaging
Even in Ways irwreasirgty elemranic world, almost all cases sail require same paper discovery.
ThaYS wTy Fncde nomeila one of Me industry leaders in providng'single sauce' fulty mtegmted
paper and electronic document management solutions. We are experts in helping legal professlonals
rebieve, duplicate, index and review, critical paper -based documents.
For many years clients have entrusted Encore with their large canpW litigation document
productions. Each year. we assist hundreds of clients in copying, bneging, coding and integrating for
review savo it hundred million pages of Paper documents.
Aftk
Document Coding
Encore Dboovery Salutes has developed one of Me mass experienced seeing teams in Me world. All
of our coding Is poformed at our National Operations Center in Phoenu, Adnana, winos, our
experienced morasses personally oversee each projem, regularly communicating with Me assigned
Project Manager M ensure twat each database meets Me speclficatlgns of Me dlen4 Our coding
department has a powerful aunbination of experience, rigorous quality central mactcos, reacted coding
soMvare, and privacy and security emotions.
We work closely with each diem to Posse, an ru:tensive coding manual with prcjeolspacfc guidelines.
The various details and project specifics are explored n-0epM and a preface is established to deal
with unconnpn documents. Da coding department Men puts each database through a stringent
series of quality sane tests ro guarantee Mat the cataba a, is accurate and consistent with our dent's
expectations, using our proprietary coding software , Data Capture'u. The specialized se nmrs enables
our aching than b increase effidency aria accuracy and incudes Mop -down Its% W help our staff to
normalize names and encore consistency.
Web Hosting
Fnco s Discovery Solutions is an Industry leader In providing Web heading solutions and has hosted
same W me largest and highest profile cases in least happy. We have a tlaSCaled slafl m'neposday
expels' with enersive eeerienco managing even Me more complex cos, eating streamlined
review processes and sasmless productions. And because we we'lechnalogy- leutrar par team
members on leverage their experience M guarantee the best solulim for year needs.
Encore Discovery Solutions Wed repository having Minim provide lawfims, oaryaations, and
government agendas with a simple and easydouse melhed of securely accessing. sharing and
managing information from anywhere, at any time, Doane. Aahoibed individuals in multiple firms,
branch offices, addle comallams, and even year eliena, now have Me ability to easily collaborate
with each other, eliminating the need far multiple sets of data M be created and managed in separate
coaapme. Eapre Discovery Sdubons offers all administration, support, arch training for each of our
Martins Services. We currently have more than 3500 active databases totaling over 100 terabytes Of
data in multiple review platforms.
Our Web reassaoy Staff has exlenswe experience managing complex cased, creating streamfned
review processes and seamless productions. Highly mperienc d! Project Managers are assigned M all
cases. Increasing communication in order M keep your project running efidenffy.
Encore Discovery Smugpme'secure data center M ISO g00VSAS 70 codified and has meltlple layers
of physical security including photo ID, and is slatted 247465. Our electronic security also Includes
several layers of authorization as well. Encore Discovery Solutions serenity inswee a high availability
firewsil sahNOn, ineal prevention systems with oxtenal monitoring and regularly scheduled
wamrerabitily assocsments
Encore is unique in our ability M offer a variety of industrysMndanl hosting options. We have invested
In tecirrelogy, inhaslaucture and Oftwdra that atlow us le bring you Me beano lamed obtains for
haling smulions.
Web Hosting Schations
Encore Discovery Solutions utilizes induny st n s rds "an processing paper documarnlp and
electronic files. In addition to Me above, and err work product has been used in cenjunram wilh OR of
Me leading hosing solutions such as Sootily, LextraneL Case Central, Case Vault Tingled and
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Encore Discovery Solutions
laucs tw
011oroduction
N Encore. "understood! the pace, bnpommoa, and logistics Ndocumeni productions Our national
presence allows us a easily deliver on all your production requirements.
We ran deliver TIFF. POF, m even native file produgWns. We will prod. databases that will meet
your preaWroved Wedficatims. With offices in several U.S, cues. wW can also address your local or
mafbts! paper pmductlons.
Litigation Consulting
Database integration
Encore utilaes an open system architecture that has output capabilities to moll popular software
applications We can lmegmle your images and indexed information into your dashed litigation support
software program either atone of our producom faddides onaNe, or well ham your stag at your office
to perform this function. M the initial project planning meeting, Encore's Litigation Consultant end
Production Manager Will consult with you on how best to share and secure information and servicel
as well as integrate the information Within multiple sties
Trial Support
Ereae Discovery SoNlions provides He clams with sWteaf -Mead trial suppod by a oPMIg its
knoaledga to beasesba:ed solutions, including:
• Sales and support of trial presentation, case management and Image viewing software packages.
• Coulbuwn technicians W help you make a compelling presentation of your case and evidence al
trial, or assol with -Vyar Raon' reparations.
• Reparation ofdamonstrative exhibits including chaos graphs and images will, annotations.
• Ewlpment needed and sales.
• Experienced bamens who can provide onnsonare or group irabuctlon W our training centaor
into, oiflce.
• Multimedia lvesentatios(Including Mamoll PowerPoint and Coral Presentations) for opening
and closing argument.
• Empdoyeeftaud
Video Synchroniathm
We can convert your VHS Ups to digital MPEG format and syrcMenue your deposition nr saiPls W
Ile video of the same mitimony or Preaemation on all major that presentadm applimtiors. We
provide transcript to Norm syndronbation and Paining for all major trial presentation salhwvd
Programs, Including UalloWV dWWto. Visionary and Trial Director.
02009 Encore Okcoway Sdutiors. Safe Harbor PoRw Pth acy Policy Legal Terms
http:// www. encorediscovery .com/services.htmi
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