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HomeMy WebLinkAbout4Link Network Consulting - Inspection Request & TrackingSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY of NATIONAL CITY AND 4LINK NETWORK CONSULTING THIS AGREEMENT is entered into this 10th day of January, 2024, by and between the CITY OF NATIONS CITY, a municipal corporation (the "CITY"), and 41ANK NETWORK CONSULTING, a sole proprietorship (the "CONSULTANT"). NOW, THEREFORE, CITY agrees to engage CONSULTANT to perform the services set forth herein in accordance with the following terms and conditions: s kt f **es, , CONSULTANT shall provide services as outlines in attached proposal, Exhibit "A." 2. a . The schedule is set forth below: rmnrourrrnr The Project is expected to be completed in approximately six 6 weeks. Then monthly hosting and support fees will start billing upon going live and continuing until June 30, 2024. 3. Compensation. The total compensation to CONSULTANT for providing the services set forth herein shall not exceed a one-time cost of $ 21,000. The compensation for CONTSULTANT'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule, CITY will make payments to CONSULTANT consistent with attached proposal, Exhibit "A." 5. Termination. CITY may terminate this Agreement at any time by providing thirty (30) day's written notice to CONSULTANT, 6. in&independent Contractor. It is agreed that CONSULTANT is an independent Contractor, and all persons working for or under the direction of CONSULTANT are CONSULTANT'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance, CONSULTANT shall obtain: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident Such automobile insurance shall include owned, non -owned, ned, and hired vehicles, The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. �. Commercial General Liability Insurance, with minimum limits of either $2,000,000per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability ility insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement if CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY, The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY' s Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than .; vll: according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City'City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line insurers " S I" and otherwise meet rating requirements. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY' s Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 7 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance Standard Short Form Agreement Page 2 of 6 City of National City and Revised F btu ar r 2023 41_,INK NETWORKNS LTI G requirements of this Section 7, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If the CONSULTANT NT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 8. Indemnification and Hold Harmless. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT' S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers, CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney, The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 8. MP PAYMENTS AND LDENENTI IC TIO . 9.1 PERS l gi ility I .. i r i n. If CONSULTANT's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONSULTANT'S employees providing service under this Agreement shall not:(1) qualify for any compensation and benefit under PERS; 2 be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; . receive any employer contributions paid by CITY for PERS benefits; or 5 be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 9. This Section 9 applies to CONSULTANT LTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 9.2 Limitation . f CITY tei.ab.iliw. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT' s officers, employees, agents, and subcontractors are entitld for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT' officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees, The CITY Y will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT, Standard Short Form Agreement Page 3 of 6 City of ationa.l City and Revised February 2 4LANK NETWORK CONSULTING 9.3 Indemnification forEmployee Pa ents. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of(1) CONSULTANT, 2 any employee of CONSULTANT, or any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 9. brxj of�o . The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT. 10. Business License, CONSULTANT T must possess or shall obtain business license from National City Finance Department before beginning work. . State prevailing wage rates may apply to work performed under this Agreement, State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 172 , , 1 2 . , and 1771. CONSULTANT is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and. regulations. 12, Administrative Provisions. A, Computation of ` Time Periods. If any date or time period providedfor ide in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. . Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument, C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. .:his and Schedules, The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control, F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instiruent in writing executed by each of the parties hereto. U, Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. Standard Short Form Agreement Page 4 of City of National City and Revised February 2 4LINK TW I CONSULTING H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. Applicable Law, This Agreement shall be governed by and construed in accordance with the laws of the State of California, The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. J. Audit. If this Agreement exceeds ten -thousand dollars 1 , , the parties shall be subject to the examination and audit of the State Auditor for a period of three years after final payment under the Agreement, per Government Code Section 8546,7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby, Successors and Assigns. This Agreement shall be binding upon and shall inure to t.e benefit of the successors and assigns of the parties hereto. VI. Subcontractors or Sconsn, The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, i i i each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. [Signature Page to Follow] Standard Short Form Agreement Page 5 of City ofNational City and Revised d Febru my 2023 4LINKNETWORK CONSULTING CITY OF NATIONAL CITY Ben Martinez, City Manage APPROVED AS TO FORM: By: Barry J. Shfz, City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (6 i 9) 336-4213 Contact: Brian Hadley Title: Director of Community Development Dep.: Community Development Email: bhadley@nationalcityca.gov CLINK NETWORK CONS I TING (Partnership or Sole proprietorship — one signature) (Print) ?re (1we) 4LIN1K NETWORK CONSULTING 7332 Bright Ave., Unit A Whittier, CA 90602 Phone: (323)606-1000 x 201 Contact: Javier Gomez Title: President Email: javierg@4LINK. corn Standard Short Form Agreement Page 6 of 6 City of National City and Revised February 2023 zILINK NFTWORK CONSULTING National City - Custom Development of Inspection Request and Tracking System Statement of Work 4 I irtorMWEiMmiti 11 `9, 20 3 4L nk Network Consulting 11111- Exhibit A Contents Objects*e and Background: d: esfel+Ysr0M •.S W*****s..s..00.f.. 40 fr rt l i** 14,00.9*****Nl**'ft 0.*.8** ml.wl.rn}wwi#a..m..Warfi Project Needs and Features ttf.alfMa i ii 0114000..006a ii/.t.Ri,it..P 6*i a..iita►fi.**.0 Core Features ! Resident View00. y►a.... ....... i. i.. ...*....... - Core Features CityStaff• ....... _ M!i ••.►••..i..#..ri.••••••.i#iii.l.... •..._t............. .....a...a......►..• Tech Details and Ba c e nd .... .... •. *a.*,..,.,..a .. . *.t Domain, andErgaiIs •...r.....•f...••i•••....•f••...fli.*..i.i..f7i..*i a.*..i t.a•.aa■.••••••.•.•••.*••■•*•*f.••••..■ t Project Assumptions ... f• .i..#........ .5 UI Examples..•.. . ...,f..ri • .. Projected Investment and Tir eline........ .•• • ■.•*.•*...• . i•••••.•t••..•6 �11P �Y�1.�1, +�+7� a it err ! 1 ination •044000000,00004000.0 _ _•i a.r........•a .s.f••• .auiit•aii.•.• - a.... 7 Signatoly •......r.•.r...•......• ..................4 i.. *..a ......... . 7 Exhibit Objective and Background National City located in California offers several services online and has a i obust Online presence. With the growing need for leveraging digital platforms to streamline processes and provide better services to their residents, this proposal aims at digitizing a critical process. Given the current manual process of requesting building inspections in the city and then city staff publishing an Excel file online with the proposed schedule, there is a need for a more efficient and user-friendly system. This proposal presents a new system that will allow residents to request building inspections online, reducing manual work for city employees and improving overall service delivery. The proposed system will be developed and managed by 4Link Network Consulting to collect and track home inspection requests from National City residents. It aims to provide city residents with a modern, efficient, and user-friendly system that aligns with the city's brand guidelines, ensuring a seam less experience when requesting inspections. Project Needs and Features Core Features - Resident View 1. Residents will create an account online using email as their username. 2. Residents can request a new inspection and check the status of existing requests. 3. Residents will request new inspection with following fields. 4. The form will allow residents to fill out inspection request with the following information. a. Contact Name b. Address 1 c. Address ci. City (prefilled National City) e. State P ref i l led CA) f, Phone g# Email h. Residential CommerciaCommercial Permit # Inspection Type (choice) (Residents will be able to select up to 3 inspections) k. 4th Inspection Option is provided as Text Box and not standard choice I. Inspection Request Date Exhibit A m. AM / PM r1. Comments System will send an email response to resident with information about the request. System will provide an option for forgot password to allow residents to reset password. Core Features - City Staff I. Users with Administrator role will be able to perform following actions in addition to Inspector role User management a. Admins will be able to manage users with following tasks b. Edit existing user information Add new users with fields I. First name ii. Last name e Username iv. Password v. Email vi. Role (drnin Inspector Staff) 1. . drains: can add inspections, access admin section 2. Inspectors: Can add edit inspections 3. Staff: can view inspections Inspection Type Management a. Admins will be able to manage Inspection types with functionalities i. To Edit existing inspection types ii. Add new Inspection Types iii. Mark existing inspection types as lnctive 4. Holidays Management a. , drains will manage holidays calendar so that residents cannot request inspections on Holidays , City staff (inspectors and managers) will be able to review all new requests after logging into the Inspection Tracking System (ITS) web application 6. City staff will be able to search for inspection requests using Date Range, Assigned inspector, Inspection Type or Status of inspection. r. Inspectors will individually acknowledge requests from the list of NEW requests. This will change the status of the requests as "Acknowledged" 8. Inspectors will be able to fill out additional information on acknowledged requests such Exhibit a. inspector Name b. Date (Confirm requested date or change) c. Time (AM 4/PM) 9. After confirmation, an email will be sent to the requestor with details of inspection. 10. All acknowledged requests will show up on the list of inspections for today's date on ITS system. 11. System will allow to Map the selected or filtered inspections on a Googie map '1 . Inspectors can also export the list to an excel file. 13. After inspection is completed, inspectors can edit the request and assign Status as a. Passed b. Failed c. Door Tag d. Other 14. Inspectors can add a comment 15. System will keep audit of Created and Last Modified (User and Date time) Tech Details and Backend 1. Technology Stack: The application will be built using Angular 16 for the front end and Dot let Core API (NET 7 O for the backend. The database will be IMISSQL SERVER. . 2. Responsive Site: The updated site will be fully responsive, ensuring an optimal viewing experience across a range of devices, including mobile phones, tablets, and desktops. City Brand Alignment: The look and feel of the updated site will align with the city's brand guidelines, offering a consistent brand experience. 4. Enhanced Security: Advanced security measures will be implemented to protect both resident data and the integrity of the application. Domain, Hosting and Ernails 1. Web application URL will be linked integrally from City Website. 2. Hosting will be managed by 4Link Network Consulting at the rate of $200 a month: a. Unlimited users b. Unlimited bandwidth c. Unlimited email notification d. Unlimited data storage e. Database backups I. F i leserver backups Exhibit A Project AssumptIons 1. To keep project timeline on track, our team would expect reasonable turnaround time (within 48 hrs.) from National City team for _ project tasks and queries such as missing p � information, testing, feedback, and query resolution that materially affects the work done by our teams. 2. Project scope will be as outlined in requirements with minor adfhoc changes. For major changes, scope and estimates will be evaluated and agreed upon by both parties via signed change orders. 3. Limited Design elements will be used to follow site UI to match City website. UI Examples Below examples are rough mockups. Actual design may vary depending on requirements. e Pa 1 flt4 AT IONALcii-v Company Name Inspection Tracking System `..! gill It l Vvelceno Brian, Exhibit A Projected Investment and Tirneline 1. The project is expected to complete in 6 weeks. (completion time depends on turnaround time for review and feedback with client and upcoming Holiday Season) Total Development cost is estimated to be $19,200. This includes: a. Confirm requirements b. Setup dev environment and. build platform c. Design End user site d. Design Admin Site e. Setup new application on Hosting servers f. Testing with Client g. Basic training and setup for Deployment An initial advance as retainer in the amount of mutual execution of this statement of work. 6,400 (1/3) is payable at the time of parties" 4. A second payment of $6,400 (1/3) will be payable when the web application is ready for User Acceptance Testing (UAT). 5. The balance of $6,400 is payable at the delivery of services. 6. $200 monthly hosting and support fees will start billing upon going live continuing until the end of the City's fiscal year, June 30, 2024. Monthly hosting and support fees beyond pp � June 30, 2024, are subject to a separate agreement with the City and are not a part of this proposal. Hosting and support fees are due and payable at the end of each month as invoiced. 7. The total cost of this proposal is as outlined above not to exceed twenty-one thousand dollars ($21,000.00). Exhibit A Termination 1. Termination: If either party believes that the other party has failed in any material respect to fulfil its obligations under this agreement, then that party may provide a ►written notice to other party to terminate this agreement, The breaching party has 30 days to cure or resolve such breach or terminate the agreement. Signatory National City Signature Print or Type name of signatory Title Date 4Link NetworkConsulting 1, ekes— CIN Con�P Print or Type name of signatory Principal and Owner Title 1 Date Exhibit