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:
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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
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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
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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