Loading...
HomeMy WebLinkAbout2018 CON Esgil - Consulting Services - Amendment #1FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 17th day of April, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ESGIL CORPORATION, a corporation (the "CONSULTANT"). RECITALS WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with CONSULTANT wherein the CONSULTANT agreed to provide permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services. WHEREAS, the original Agreement had a not -to -exceed amount of $800,000 and a term of August 8, 2016 through August 7, 2019. WHEREAS, the original Agreement had the CONSULTANT's compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty five -percent (65%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. WHEREAS, the CITY desires the right to access a Meritage System, Inc. web site and use the services relating to managing building department services. WHEREAS, the CONSULTANT provides access to the Meritage System, Inc. web site by paying annual support & license fees. WHEREAS, the CITY and CONSULTANT agree that an increase by one percent (1%) is adequate to pay CONSULTANT to cover the Meritage Systems, Inc. annual support & license fees. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on August 8, 2016, shall be amended as follows: 5. COMPENSATION AND PAYMENT The CONSULTANT's compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty six -percent (66%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. Meritage Systems, Inc. will provide the CITY with a separate agreement for Meritage service delivery and any additional fees that may be relevant. CONSULTANT is responsible for payment of all Meritage annual and license fees on behalf of the City. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated August 8, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY ESGIL CORPORATION By: Roorrison, Mayor APPROVED AS T ms- on ttorney By: Thoas'P. Wilka April 10, 2018 By: Alex Mize, Vice President April 10, 2018 First Amendment to 2016 Agreement 2 of 2 City of National City April 17, 2018 and EsGi1 Corporation RESOLUTION NO. 2018 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO AMEND SECTION 5 (COMPENSATION AND PAYMENT) TO INCREASE COMPENSATION BY ONE PERCENT (1%), FROM SIXTY-FIVE PERCENT (65%) TO SIXTY-SIX PERCENT (66%), TO PAY ALL ANNUAL COSTS IN THE AMOUNT OF $11 ,400 FOR MERITAGE SYSTEMS, INC.'S ANNUAL SUPPORT AND LICENSE FEES FOR ACCESS TO THE MERITAGE WEBSITE FOR ONLINE PLAN SUBMITTAL AND TRACKING SERVICES WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with EsGil Corporation to provide permit processing, plan reviews, construction inspections, both on -site and off -site, for a not -to -exceed annual amount of $800,000 and a term of August 8, 2016 through August 7, 2019; and WHEREAS, the Agreement provided compensation for reviewing building plans in the amount of sixty-five percent (65%) of the plan checking fee collected by the City for each permit based upon the City's adopted fee schedule; and WHEREAS, the City desires access to the Meritage System, Inc. ("Meritage") website for managing all areas of plan submittal and inspection and inspection processes that also allows residents and customers to have live access to the most current status of their respective plan review and inspection process; and WHEREAS, because Meritage and EsGil Corporation ("EsGil") are both subsidiaries of Safebuilt, LLC, EsGil has agreed to a payment arrangement to provide access to the Meritage website through a First Amendment to their Agreement with the City to increase the compensation by one -percent (1%), from sixty-five percent (65%) to sixty-six percent (66%), to pay the Meritage cost for annual support and license fees; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City of National City and EsGil Corporation to amend Section 5 (Compensation and Payment) to increase compensation by one percent (1 %), from sixty-five percent (65%) to sixty- six percent (66%), to pay all annual costs in the amount of $11,400 for the Meritage Systems, Inc., support and license fees. Copy of the First Amendment to the Agreement is on file in the Office of the City Clerk. ATTEST PASSED and ADOPTED this 17th day of April, 2018. Ro orrison, Mayor APPROVED AS TO FORM: c ael R. Da la it ttorney o es Cl erk y Passed and adopted by the Council of the City of National City, California, on April 17, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California N ttiliip City erk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-53 of the City of National City, California, passed and adopted by the Council of said City on April 17, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'AEETING DATE: April 17, 2018 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement between the City of National City and EsGil Corporation to amend Section 5 (Compensation and Payment) to increase compensation by one percent (1 %) from sixty-five percent (65%) to sixty-six percent (66%) to pay all annual costs (i.e. $11,400) of the Meritage Systems, Inc., annual support & license fees. (Funded by monies collected by fees charged during the Plan review and Permit issuance process. (Building/Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION: On September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with EsGil Corporation to provide permit processing, plan reviews, construction inspections of on -site and off -site for a not -to -exceed annual amount of $800,000 and a term of August 8, 2016 through August 7, 2019. The original Agreement provided compensation for reviewing building department plans in the amount of sixty-five percent (65%) of the plan checking fee collected by the City for each permit based upon the City's adopted fee schedule. Development Services would like the right to access the Meritage System, Inc. web site for managing all areas of plan submittal and inspection processes; the new permit & inspection tracking system will allow our residents and customers live access to the most current status of their respective plan review and inspection process. Our contract with EsGil can provide the funding for the Meritage System plan check and inspection tracking software. The City and EsGil Corporation agree that an increase by one -percent (1 %) to sixty-six percent (66%) is adequate to pay all annual costs (i.e. $11,400) of the Meritage Systems, Inc. annual support & license fees. Meritage Systems, Inc. will provide the City with a separate Agreement for Meritage service delivery and any additional fees that may be associated. FINANCIAL STATEMENT: APPROVED: `-yl-/,, iecti Finance ACCOUNT NO. 120-00000-3545 — Revenue account APPROVED: MIS 120-412-028-213-0000 — Professional Services 1 % reduction in revenue to the City will be used by Esgil Corporation to pay all costs (i.e. $11,400) of the Meritage Systems, Inc. annual support & license fees. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: First Amendment to the Agreement by and between the City of National City and EsGil Corporation Meritage Description of Services and Pricing for National City, CA Resolution ,Qesolifieyi fia. ) 1 g - 53 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 17th day of April, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ESGIL CORPORATION, a corporation (the "CONSULTANT"). RECITALS WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with CONSULTANT wherein the CONSULTANT agreed to provide permit processing, plan reviews, construction inspections and code enforcement on -site and off -site services. WHEREAS, the original Agreement had a not -to -exceed annual amount of $800,000 and a term of August 8, 2016 through August 7, 2019. WHEREAS, the original Agreement had the CONSULTANT's compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty five -percent (65%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. WHEREAS, the CITY desires the right to access a Meritage System, Inc. web site and use the services relating to managing building department services. WHEREAS, the CONSULTANT provides access to the Meritage System, Inc. web site by paying annual support & license fees. WHEREAS, the CITY and CONSULTANT agree that an increase by one percent (1%) is adequate to pay CONSULTANT to cover the Meritage Systems, Inc. annual support & license fees. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on August 8, 2016, shall be amended as follows: 5. COMPENSATION AND PAYMENT The CONSULTANT's compensation for reviewing building department plans, commonly referred to as plan checking, shall be sixty six -percent (66%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. Meritage Systems, Inc. will provide the CITY with a separate agreement for Meritage service delivery and any additional fees that may be relevant. CONSULTANT is responsible for payment of all Meritage annual and license fees on behalf of the City. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated August 8, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY ESGIL CORPORATION By: By: Ron Morrison, Mayor By: APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney T. as P. Wilkas, CFO Matthew Royer, C Attachment A: Description of Services and Pricing for National City, CA Below is the budget for the one-time setup and yearly support and licensing fees. Assumptions include number of users and permit volume. Applications and Services Included One -Time Set -Up Fee Annual Support & License Fee Permit Management (see details on inclusions below) Annual Fee Based on Number of Jurisdiction Users X $6,500 b8,000 ContractorConnectca Online Permitting, PC, Smartphone and Tablet anywhere, anytime access througn web browser by your citizens and contactors to do penmt application, payment status check, inspection scheduling and results Included in Setup Fee Mentage-Preferred Merchant Account for X Included in Setup Fee $2,000 Credit Card Processing GIS Integration Permitting Included In S900 X Setup Fee Contractor and/or Business Licensing Included in $500 X Setup Fee Legacy Data Import Permitting $2, 000 NA Ttens/er of lusroricnl permu data front legacy warn, as+umec aiaileb:hn of readable dain file e, C S ✓ (optional) Non-Prefen ed Met chant Account additional fee if not a Meritage Systems preferred provider $2 500 NA (optional) Per Day On -Site Permit System Training ;.1,500 NA (optional) Total of All Included (X) Items $6,500 $11.400 Permit Management Inclusions • Unlimited Read -Only Users • Permit Management • Address Import Setup • Inspections (including mobile access & when available, InspectorConnectTM app for ,OS and Android smartphones and tablets) • Contractor Registration • Plan Review Tracking and simple Planning / Zoning permits and workflows • Reporting and Data Import/Export • Complete configuration of permit types, workflows per permit type, terminology, fee structures, documents and user roles and permissions, contractor and business licensing setup • Permit Docs: Standard set of Permits, CO, TCO configured with your jurisdiction logo and information. Additional custom docs at $500 per document • Report Generator, Library of standard reports with ability to configure your own. Custom Reports priced individually • Daily backup with rotation • Multiple Online Training sessions for startup and post startup • Personalized support, including periodic configuration updates • Automatic updates of new features it Meritage services to be Invoiced and paid as follows: ✓ Set -Up Fee and Data Import Fee invoiced on Agreement Effective Date and billed directly from Mentage Systems to National City, CA ✓ Annual Service tee to be paid through updated EsgiliSAFEbuiit agreement . EsGil is responsible for payment of all annual s innnrt and lironeo foot on behalf of the City (throuat1 a seDerate agreement' t+SA 14_1028 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO AMEND SECTION 5 (COMPENSATION AND PAYMENT) TO INCREASE COMPENSATION BY ONE PERCENT (1%), FROM SIXTY-FIVE PERCENT (65%) TO SIXTY-SIX PERCENT (66%), TO PAY ALL ANNUAL COSTS IN THE AMOUNT OF $11,400 FOR MERITAGE SYSTEMS, INC.'S ANNUAL SUPPORT AND LICENSE FEES FOR ACCESS TO THE MERITAGE WEBSITE FOR ONLINE PLAN SUBMITTAL AND TRACKING SERVICES WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-150 entering into an Agreement with EsGil Corporation to provide permit processing, plan reviews, construction inspections, both on -site and off -site, for a not -to -exceed annual amount of $800,000 and a term of August 8, 2016 through August 7, 2019; and WHEREAS, the Agreement provided compensation for reviewing building plans in the amount of sixty-five percent (65%) of the plan checking fee collected by the City for each permit based upon the City's adopted fee schedule; and WHEREAS, the City desires access to the Meritage System, Inc. ("Meritage") website for managing all areas of plan submittal and inspection and inspection processes that also allows residents and customers to have live access to the most current status of their respective plan review and inspection process; and WHEREAS, because Meritage and EsGil Corporation ("EsGil") are both subsidiaries of Safebuilt, LLC, EsGil has agreed to a payment arrangement to provide access to the Meritage website through a First Amendment to their Agreement with the City to increase the compensation by one -percent (1%), from sixty-five percent (65%) to sixty-six percent (66%), to pay the Meritage cost for annual support and license fees; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City of National City and EsGil Corporation to amend Section 5 (Compensation and Payment) to increase compensation by one percent (1%), from sixty-five percent (65%) to sixty- six percent (66%), to pay all annual costs in the amount of $11,400 for the Meritage Systems, Inc., support and license fees. Copy of the First Amendment to the Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk May 1, 2018 Mr. Kurt Culver, President EsGil Corporation 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 Dear Mr. Culver, On April 17t, 2018, a First Amendment to the Agreement was entered into between the City of National City and EsGil Corporation. We are forwarding a certified copy of the above Resolution and a fully executed original Agreement for your records. Michael R. Dalla, CMC City Clerk Enclosures