HomeMy WebLinkAbout4Leaf, Inc. - Permit Processing Services for Community Development Department - 2025 Docusign Envelope ID:4B23CC12-A0E3-42CC-BBEF-CD483BCBFC7D
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
4LEAF,INC.
THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a
municipal corporation ("CITY"), and 4LEAF, INC., a California Corporation
("CONSULTANT").
RECITALS
WHEREAS,the CITY desires to employ a CONSULTANT to provide permit processing,
plan review, and inspection services.
WHEREAS, the CITY has determined that the CONSULTANT is a plan review and
community development services firm and is qualified by experience and ability to perform the
services desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to provide permit processing, plan review, and inspection services and the
CONSULTANT agrees to perform the services set forth here in accordance with all terms and
conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall
not become effective and binding until fully executed by both the CITY and CONSULTANT.The
duration of this Agreement is from the effective date through April 21,2028.This Agreement may
be extended by mutual agreement upon the same terms and conditions for an additional one (1)
year term. The Parties may exercise up to three (3) one-year extensions. Any extension of this
Agreement must be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth
in the attached Exhibit"A".
The CONSULTANT shall be responsible for all research and reviews related to the
work and shall not rely on personnel of the CITY for such services,except as authorized in advance
by the CITY.
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The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Samuel Marrinan,
Building Official, hereby is designated as the Project Coordinator for the CITY and will monitor
the progress and execution of this Agreement. The CONSULTANT shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONSULTANT. Marcus Johnson thereby is designated as the Project
Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed.Billings shall
include labor classifications, respective rates, hours worked and, also materials, if any. The total
cost for all work described in Exhibit "A", shall not exceed $1,350,000 for the entirety of the
contract. The compensation for the CONSULTANT's work shall not exceed the rates set forth in
Exhibit"A". Monthly invoices will be processed for payment and remitted within thirty (30) days
from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as
determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three(3)years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance,the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work,the manner of performance,and/or the compensation payable to the CONSULTANT in this
Agreement,the CITY or the CONSULTANT shall give to the other written notice.Within ten(10)
business days,the CONSULTANT and the CITY shall each prepare a report which supports their
position and file the same with the other party. 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.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
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Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
reproduction,which authorization shall not be unreasonably withheld.The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use,reuse,alter,reproduce,modify,
assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written
work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims
any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual
property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15,
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of Services of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY's employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees,and it is recognized by the parties that a substantial inducement
to the CITY for entering into this Agreement was, and is, the professional reputation and
competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest
herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.
Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as
many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONSULTANT with its
SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable
terms of this Agreement.
9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY
and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement.
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10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein,shall comply with all applicable state and federal
statutes and regulations, and all applicable ordinances, rules, and regulations of the City of
National City,whether now in force or subsequently enacted.The CONSULTANT and each of its
SUBCONSULTANT(S),shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. CONSULTANT must promptly produce a copy of any such
license,permit,or approval to CITY upon request. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT's trade or profession currently practicing under similar conditions
and in similar locations.The CONSULTANT shall take all special precautions necessary to protect
the CONSULTANT's employees and members of the public from risk of harm arising out of the
nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now,nor has it for the five(5)years preceding,
been debarred by a governmental agency or involved in debarment, arbitration, or litigation
proceedings concerning the CONSULTANT's professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes, or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform,within the time requirements of the CITY,or,when
no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise,the CONSULTANT warrants that all products,
materials, processes, or treatments identified in the project documents prepared for the CITY are
reasonably commercially available.Any failure by the CONSULTANT to use due diligence under
this sub-section will render the CONSULTANT liable to the CITY for any increased costs that
result from the CITY's later inability to obtain the specified items or any reasonable substitute
within a price range that allows for project completion in the time frame specified or, when not
specified,then within a commercially reasonable time.
13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the
CITY's Drug-Free Workplace requirements.Every person awarded a contract by the CITY for the
provision of services shall certify to the CITY that it will provide a drug-free workplace. Any
subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this
provision.
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14. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age,race,color,ancestry,religion,sex,sexual orientation,marital
status, national origin, physical handicap,or medical condition. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training,including apprenticeship.The CONSULTANT agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by the CITY
setting forth the provisions of this non-discrimination clause.
15. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY.The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 15, however, shall not apply to any
part of the information that(i)has been disclosed in publicly available sources of information;(ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports,recommendations,conclusions,
or other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CITY.In its performance hereunder,the CONSULTANT shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm, or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 16.
16. 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.
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17. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
17.1 PERS Eligibility Indemnification. 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; (4) 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 17. This Section 17 applies to CONSULTANT
notwithstanding any other agency, state, or federal policy, rule, regulation, law, or ordinance to
the contrary.
17.2 Limitation of CITY Liability. 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 entitled for performance of
any work under this Agreement. Neither CONSULTANT nor CONSULTANT's 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 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.
17.3 Indemnification for Employee Payments. 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(3) 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.
18. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California,
the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments
thereto; and all similar state or federal acts or laws applicable; and shall indemnify, and hold
harmless the CITY and its officers, employees, and volunteers from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description,
including reasonable attorney's fees and defense costs presented,brought,or recovered against the
CITY or its officers, employees,or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the CONSULTANT under
this Agreement.
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19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and
maintain throughout the term of this Agreement,the following insurance policies:
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,
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.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate 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
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.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers,officials,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. If required insurance coverage is provided on a"claims made" rather than
"occurrence"form,the CONSULTANT shall maintain such insurance coverage for three(3)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.
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
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H. Insurance shall be written with only insurers authorized to conduct business
in California that hold a current policy holder's alphabetic and financial size category rating of not
less than A:VII according to the current Best's Key Rating Guide,or a company of equal financial
stability that is approved by the 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 ("LASLI") and otherwise meet rating requirements.
I. 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 19 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.
J. All deductibles and self-insured retentions in excess of ten-thousand dollars
($10,000) must be disclosed to and approved by the CITY. CITY reserves the right to modify the
insurance requirements of this Section 19, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
K. If the CONSULTANT 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.
20. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement,then in
that event,the prevailing party in such action or dispute,whether by final judgment or out-of-court
settlement, shall be entitled to have and recover of and from the other party all costs and expenses
of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition,be limited to the amount of attorney's fees incurred
by the CITY in its prosecution or defense of the action, irrespective of the actual amount of
attorney's fees incurred by the prevailing party.
21. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon sixty (60) day's written notice to the
CONSULTANT.During said sixty(60)day period the CONSULTANT shall perform all services
in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for cause
in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination,not to exceed the amounts payable hereunder, and less any damages
caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written
material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors;or(3)a business reorganization,
change in business name, or change in business status of the CONSULTANT.
22. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile, or fax; and shall be deemed received upon the earlier of(i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail,the business day following its deposit in such overnight mail facility,(iii)if mailed
by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service,(iv)if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or(v) if given by telex, telecopy,
facsimile, or fax, when sent. Any notice, request, demand, direction, or other communication
delivered or sent as specified above shall be directed to the following persons:
To CITY: Samuel Marrinan
Building Official
Community Development
City of National City
1243 National City Boulevard
National City,CA 91950-4397
To CONSULTANT:
Marcus Johnson
Project Manager/Director of SoCal Operations
4Leaf, Inc.
402 West Broadway
San Diego, CA 92101
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Notice of change of address shall be given by written notice in the manner specified
in this Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request, or communication sent. Any notice, request, demand, direction, or other communication
sent by cable,telex,telecopy,facsimile,or fax must be confirmed within forty-eight(48)hours by
letter mailed or delivered as specified in this Section.
23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process, or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code.The CONSULTANT shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or
expenses the CITY may suffer by virtue of any violation of this Section 23 by the CONSULTANT.
24. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wage rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3,
1720.4,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.
25. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for 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.
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Revised January 2024 4LEAF Inc.
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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. Exhibits 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 shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. 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.
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.
I. 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.
J. Audit. If this Agreement exceeds ten-thousand dollars($10,000),the parties
shall be subject to the examination and audit of the State Auditor for a period of three (3) 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.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. 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 writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultant(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 19 and the indemnification and hold harmless
provision of Section 16 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, (iii) 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)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and(vi)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.
Standard Agreement Page 11 of 13 City of National City and
Revised January 2024 4LEAF Inc.
Docusign Envelope ID:4B23CC12-A0E3-42CC-BBEF-CD483BCBFC7D
IN'WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year written below.
CITY OF NATIONAL CITY 4LEAF,INC.
(Corporation—signatures of two corporate officers required)
(Partnership or Sole proprietorship—one signature)
r--DocuSigned by:
By: $yA.lnt, a, bon, P. , Uw PVt,SibW
Ron Morrison, Mayor '-F 2ACA1}3D430...
lame
Date: `�/Z q 72 s (Title)
Date: 4/10/2025
By:
(Name)
(Title)
Date:
APPROVED AS TO FORM:
By: fort«N"✓
Barry J. Sc
City Attorney
Date: 4�2 5/2r
Standard Agreement Page 12 of 13 City of National City and
Revised January 2024 4LEAF Inc.
Docusign Envelope ID:4B23CC12-A0E3-42CC-BBEF-CD483BCBFC7D
CONTACT INFORMATION
CITY OF NATIONAL CITY 4LEAF,INC.
1243 National City Boulevard 402 West Broadway
National City,CA 91950-4397 San Diego, CA 92101
Phone: (619)336-4351
Contact: Samuel Marrinan Phone: (619) 595-4873
Title: Building Official Contact: Marcus Johnson
Dep.: Community Development Title: Project Manager/Director of SoCal
Email: smarrinan@nationalcityca.gov Operations
Email: mjohnson@4leafinc.com
Taxpayer I.D.No.: 94-3393574
Standard Agreement Page 13 of 13 City of National City and
Revised January 2024 4LEAF Inc.
4LEAF, INC. Exhibit "A"
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION•PLANNING•CODE ENFORCEMENT
COST PROPOSAL
FY2025-2026 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF NATIONAL CITY
All Rates are Subject to Basis of Charges
' a ► t o 1 l ► 1
Plan Review Percentage: 65% Fee includes:
(Inclusive of all disciplines except Fire and Civil ➢ Initial review and two (2) rechecks.
which are billed on an hourly basis) Hourly charges apply after three (3) or
Hourly Plan Review: $145 Non-Structural Review more rechecks.
$160 Structural Review D. Shipping, courier, and electronic service.
Building
Chief Building Official $170/hour
Deputy Building Official $145/hour
Structural Plan Review Engineer $160/hour
Non-Structural Plans Examiner $145/hour
Certified Access Specialist(CASp) Inspector $160/hour
Certified Access Specialist(CASp) Plans Examiner $160/hour
Senior Combination Building Inspector(Building Inspector III) $130/hour
Commercial Building Inspector II $115/hour
Building Inspector I $100/hour
Permit Manager $100/hour
Senior Permit Technician $95/hour
Permit Technician $85/hour
Supervising Inspector of Record $165/hour
Inspector of Record $145/hour
DSA Class 1/OSHPD A Inspector $170/hour
DSA Class 2/OSHPD B Inspector $140/hour
DSA Class 3/OSHPD C Inspector $100/hour
Clerk/Administrator $70/hour
Civil Plan Review(Grading, Improvement Plans) $175/hour
Code Enforcement
Code Enforcement Director $195/hour
Code Enforcement Manager $160/hour
Code Enforcement Supervisor $145/hour
Senior Code Enforcement Officer $115/hour
Code Enforcement Officer II $95/hour
Code Enforcement Officer I $85/hour
Code Enforcement Technician $70/hour
Housing Inspector $95/hour
Hearing Officer $150/hour
Proposal to Provide On-Call Permit Processing,Plan Review,and Inspection Services to the City of National City Page 1
Cost Proposal March 5,2025
ALEAF, INC.
CONSTRUCTION MANAGEMENT• PLAN CHECK
INSPECTION•PLANNING•CODE ENFORCEMENT
Project Management
Project Manager $195/hour
Principal-in-Charge $245/hour
BASIS OF CHARGES
Rates are inclusive of"tools of the trade"such as forms,telephones,and consumables.
• All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated
otherwise.Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks.This
is not inclusive of holidays or the day of the pick-up of plans.
• Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be
within seven (7) days of receipt of the plans from the City.
• Plan review of deferred submittals& revisions will be billed at the hourly rates listed.
• All plan review services will be subject to a $305.00 minimum fee if percentage-based fee or 2-hour
minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing.
• All plan review services will be subject to 2-hour minimum fee.
• All plan review services are billed on a percentage basis and include the initial review and 2 rechecks.
- Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless
otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review
percentage.
• 4LEAF assumes that these rates reflect the FY2025-2026 contract period. There will be a 3% escalation
for FY2026-2027, FY2027-2028.
• Overtime and Premium time will be charged as follows:
- Regular time(work begun after 5AM or before 4PM) 1 x hourly rate
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate
- Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate
- Overtime(over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate
- Overtime(over 8 hours Sun or Holidays) 3 x hourly rate
• Overtime will only be billed with prior authorization of the Director or other designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• Mileage driven during the course of Inspections will be charged at cost plus 20%.
• Payment due on receipt.All payments over 30 days will be assessed a 1.5%interest charge.
• Client shall pay attorneys'fees,or other costs incurred in collecting delinquent amounts.
• Client agrees that 4LEAF's liability will be limited to the value of services provided.
• In accordance with California's Meal Break and Rest Break Law requirements,Client will be billed one (1)
additional hour per day at the regular rate for each missed meal or rest break due to Client-directed
tasks or requirements. Client should allow 4LEAF's non-exempt, hourly employees the opportunity to
take their entitled rest and meal breaks during each work shift.
Proposal to Provide On-Call Permit Processing,Plan Review,and Inspection Services to the City of National City Page 2
Cost Proposal March 5,2025