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HomeMy WebLinkAboutApp-Order/DOCS/2,880/Mobile Apps App-Order,LLC DOCS-2013 Appropriation#43-509-00; P.O.#26598 Contract Not To Exceed$2,880.00 n n AGREEMENT FOR PURCHASE OF GOODS AND SERVICES \ THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and App-Order, LLC, an entity duly authorized to do • business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT,ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 43-509-00 funds, Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Two Thousand Eight Hundred Eighty Dollars ($2,880.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and • Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement, 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. IWamyrynlWw dais.adounLLAVAshornAPinf Sw.1 Gird.S./22=01211MM.ORDER.LLC•Cal.&So-2%21.y V25220111151 PMI • App-Order,LLC DOCS -2013 Appropriation#43-509-00; P.O.#26598 Contract Not To Exceed$2,880.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner.Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, • City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: • In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. • The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, KarnPP+S`wa data-abamLLAWWmdMrf%v.&Cords Srp,DOCS301)U PP-ORDER,LLf.Cords&smuud2125f10111±11 PMK App-Order,LLC DOCS-2013 Appropriation#43-509-00; P.O. #26598 Contract Not To Exceed$2,880.00 officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal,state and local laws,executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes.This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY Pursuant to I.C. § 22-5-1.7 et seq., Vendor shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Vendor is further required to execute the attached Affidavit, herein referred to as Exhibit D,which is an Affidavit affirming that: (i) Vendor is enrolled and is participating in the E-verify program, and (ii) Vendor does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit,Vendor shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take.effect until said Affidavit is signed by Vendor and delivered to the City's authorized representative. Should Vendor subcontract for the performance of any work under this Addendum, the Vendor shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Vendor shall maintain a copy of such certification for the duration of the term of any subcontract. Vendor shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Vendor, or any subcontractor of Vendor, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Vendor or subcontractor subsequently learns is an unauthorized alien, Vendor shall terminate the employment of or contract with the unauthorized alien within thirty (30)days ("Cure Period"). Should the Vendor or any subcontractor of Vendor fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. hY+rmyrlrlYuv Ya.,-�ImnLLAWepge"p,i(Src.a GnodsHv,'DOCSIIIII APP-0RDER.l C-Gnla&Suwn dui 125mfl'12ll PM) App-Order,LLC DOCS-2013 Appropriation#43-509-00; P.O.#26598 Contract Not To Exceed$2,880.00 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND Douglas C. Haney, City Attorney One Civic Square Department of Law Carmel, Indiana 46032 One Civic Square ATTENTION: Carmel, Indiana 46032 If to Vendor: App-Order, LLC 1094 E. Sahara Ave. Las Vegas, NV 89104 Telephone: 702-686-0446 • E-Mail:trev@app-order.com ATTENTION: Trey Gore • Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to (WnmalP.l4uu am..ammLLAWMaoPPmf t GM SnADOCS1/42011\APP-ORDER LLC-Gals Suns.SLY VENPII 1231PM) App-Order,LLC DOCS-2013 Appropriation#43-509-00; P.O.#26598 Contract Not To Exceed$2,880.00 receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2013 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. 27. ADVICE OF COUNSEL: • The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain rY>cn,PN Rust.dm.•sim<VA\V, naProLSw&GM,5,sD CS'31111WPP.ORDER.UI Goods Senmd3.'aminoo IElE PM] App-Order,LLC DOCS-2013 Appropriation#43-509-00; P.O. #26598 Contract Not To Exceed$2,880.00 legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 28. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Ape-Order, L by and through its Board of Public Works and Safety By: „y / mes Brainard,Pr, Sidi L orized Signature Date: 3 Carla hoo off Printed Name Ma Ann ur e, Merr11 r PitCi e of Date: — �/ Title Lori S.W ember FID/TIN: 3D-�bl,�SI5-aq Dat . 'If 3/ Last Four of SSN if Sole Proprietor: ATTEST: Date: 3 13 ana Cordra , MC,,.. Treasurer Date: 1\Vunol,sIWwdtl,.Wn'Aw .NWnLS'Lvd Goats SvegDOCS121111UPP-0FOE0.LLC•Cn.L&S.niu+ 121RI11112.13 PM) 1,,,F73 :11 L t it r ' 1 ki o ..., App-Order, LLC develops and supplies affordable web based software and mobile apps to cities, government agencies and law enforcement. Our software is easy to learn, simple to use, quick to deploy, and requires no additional hardware, training or IT staff support. Our Cloud based software is Rackspace hosted using Spring Security, ensuring reliable, fast and secure mobile solutions. With agencies straining under the weight of budget cuts, more are turning to App- Order.com to help report blight issues and manage code enforcement. App-Order.com offers a high-tech and end-to-end mobile solution to increase government efficiency, promote transparency, improve communications and focus efforts to report and enforce zoning code violations. Users experience 50-85% productivity gains with less paperwork, no manual data entry and fewer staff meetings.We help improve the process, facilitating seamless and real-time communication. App-Order.com Mobile Software Solution Our Mobile Code Enforcement Software Solution was custom designed specifically for Code Enforcement utilizing a Smart phone mobile application.With the latest technologies available on phones,Code Officers can quickly and accurately complete fieldwork,file reports and manage existing cases.Our comprehensive system was custom designed by and for Code Enforcement professionals and includes all aspects of the code compliance process.Cases can now be managed from start to finish in a fraction of the time it takes with traditional software or pen&paper. Code Enforcement • Officers investigate complaints in a few easy steps. • Generate violation notices (NOV) automatically and efficiently. • Improve complaint handling and follow-up. • Reduce inspection response times, and automate communications. • Eliminate transfer and re-entry of field data. • Eliminate scanning and emailing of photos. EXHIBIT ,/-{- / 0 App-Order, LLC 1094 E Sahara Ave. LV NV 89104 info(thapp-order.com "We're always looking for ways to make the code-enforcement officer's job more efficient," said Gina Ramos-Montes,Avondale AZ's neighborhood and family-services director. • Automate scheduling of field inspections and reviews. • Real-time case assignment to field techs or vendors. • Produce automated violation form letters in seconds- on official letterhead. • Direct notifications to multiple departments or staff members. • Real-time communication with administration and management • Violation history is available to multiple departments, in the office or field. • Access to schedules and addresses in the field, in real-time. • Automatic photo uploads, storage and retrieval. • Create,edit and/or close cases from field. • Create,edit and view case activities and history from the field, in real-time. • Create multiple violations and corrective actions per case. • Attach documentation, notes and photos online. • All collected field data and photos available in real-time. • Smart phone technology is fast and mobile- not just'portable'. Benefits for Citizens and Businesses and Staff "It allows our citizens to send any concerns they may have. Communication is better with this program". Pam Altounian,Avondale AZ's code-compliance manager. • Report issues directly from any smart phone and receive a status update 24/7. • Improved levels of service and communication from all departments and officials. "I'm a huge fan of the application," said Craig Blum, Mesa,AZ's field-operations superintendent "We don't just use it for graffiti.We use it for (burned-out or broken) streetlights.We use it for illegal dumps.What a tool and time saver it is for us." • "It's easy to get specific,accurate information to the right people quickly," "The county saves $90 every time the app prevents another employee from being dispatched." Bart Weiss, manager of the utilities-support division for Hillsborough County, FL. • User-friendly Dashboard to manage and analyze staff and cases. • Custom user defined reports and charts. • Powerful and dynamic search functionality and faceted navigation. • View and manage staffs field data collection and location in real-time. • Dispatch cases to field officers and staff in real-time. • Custom Zones and point on a Polygon satellite mapping. • Integration with existing parcel data through batch upload or web service. • Automation increases staff productivity and reduces errors. • Overall resident and employee job satisfaction is improved. App-Order, LLC 1094 E Sahara Ave. LV NV 89104 infoftapp-order.com Tit • ea mar * çSr , m raid App-Order.com provides SaaS - Cloud based software and mobile applications. Our solution is a complete,end-to-end system.All of App-Order.com solutions include: ✓ Custom development&set-up for iPhone and Android use. ✓ All programming,development and custom configuration. ✓ Annual licensing agreement (yearly subscription) -a SaaS model. ✓ Configuration&design w/ basic graphics-designed for your unique needs. ✓ Hosting and secure storage- no hardware is required. ✓ Maintenance and support-no IT staff or resources,we do all the work. ✓ Customer support&service- our support team is on hand to address issues. ✓ Enhancements&content updates-we improve and add features. ✓ Training-we'll get your officers and admin staff up to speed in a few hours. ✓ Unlimited admin and management access via our web portal- password protected and role defined. ✓ Posting to Apple and Android markets for public use-we'll handle it. *Custom development work/programming-$120/hour w/advance City approval. *Custom graphics can be provided or we'll get estimates- usually$300-$500. *Non-programming design changes and custom work billed at$60/hour. Our Code Enforcement Module includes,at no cost and supports our popular, industry leading Citizen Engagement/311 Reporting app as well -a$2,800 value! Pricing for the CE module starts at just$288 per month for up to 5 field users, (discounted to $2,880 if paid annually in advance). 5 to 15 users -only $488/month or$4,880 annually; 15+ field/officer users-custom pricing. (A user is defined as one using a smart phone in the field with total mobile access to the system- we provide unlimited desktop/pc access for admin and management) If devices or tablets are required,we can include up to 3 high quality tablets,data plans and all of the above for$4,880 annually. We can have your complete system designed and delivered in 2 weeks! Call App-Order to get started today. Trey Gore • 702-686-0446 trev@app-order.com App-Order.com 1094 E Sahara Ave LV NV trev@app-order.com 702 686 0446 Code Enforcement Module - Technical Description: Several cities collaborated with the mobile technology company App-Order.com to develop a state of the art mobilized code enforcement case management system. The system consists of three components,a web application,an Android field officer application and an iPhone/Android citizen reporting application. The system has resulted in significant improvements in staff efficiency and response times and improved communications with citizens. The primary efficiencies were gained from the field officer application that runs on the Android smart phone. Code enforcement officers can work off of a map/calendar,which shows the locations which are scheduled for inspection. The application is integrated with the phones navigation for route guidance. Case data is available in real time and the cities parcel data has been integrated such that a parcel can be selected from the map and used to populate the fields of the case on the phone. Photos,activities and notes can now be added to cases from the field.All case data including the photos is available for the automatic generation of the notices of violation. The module was an innovator as the first to offer a citizen reporting smartphone • application. From the phone, citizens select an issue from a list of common problems, take up to four pictures and provide their contact information. Feedback, including before and after photos for some issues, is automatically emailed back to the citizen,as issues are resolved. The website and web services were built on an open source stack using the Groovy on Grails framework, an agile, convention over configuration framework similar to Ruby on Rails but backed by the Java and Spring technologies.The system was built from the ground up for searching using Solr,the powerful open source search engine.App-Order.com created a highly configurable mobile framework, for iPhone and Android development; using the XML data format and RESTful web services. Changes to the mobile devices are controlled from the server such that adding new fields or changes to the codes are managed from the server and propagated to the mobile devices. For More Information: Trev Gore 702-686-0446 trev( app-order.cont 4 (1 y App-Order, LLC 1094 E.Sahara Ave. LV NV 8904 EXHIBIT D !_ AFFIDAVIT Car f -�P1 I I o ,being first duly sworn, deposes and says that he/she is familiar with and has perso knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1. I am over eighteen(18)years of age and am competent to testify to the facts contained herein. 2. I am now and a all times relevant herein have been employed by *PP —0''A e r V(✓ (the"Employer") in the position of Pre cd4 3. I am familiar with the employment policies,practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E-Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH� NOT. Q,, EXECUTED on the S °S tJ day of a ai 1 , 20 13. Printed: NV la ,tn ho f f I certify under the penalties for perjury under e of the United States of America and the State of Indiana that the foregoing factual statements nd ep esentations are true and correct. Printed: £af� Cl 1-enhv -