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HomeMy WebLinkAbout09.A- City Manager RESOLUTION(ID# 1663) DOC ID: 1663 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Charles McNeely M/CC Meeting Date: 03/19/2012 Prepared by: Heidi Aten, (909)384-5122 Dept: City Manager Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement by and Between the City of San Bernardino and Code Publishing, Inc.,to Provide Municipal Code Codification Services. Financial Impact: Funding in the amount of$40,000 is available in the City's FY 11-12 non-departmental General Government Fund for the update of the Municipal Code. Option 1 Option 1 services include the recodification and republication of the City's Charter and Municipal Code and ongoing supplement and publishing services. Option 1 is within the amount budgeted for updating the Code in FY 11-12. The total cost for a three-year contract is $28,550 to$30,645. Option 1-Three Year Cost Breakdown First year: $23,800 to$24,695 Second year: $2,375 to$2,975 Third year: $2,375 to $2,975 Total Cost: $28,550 to$30,645 Option 2 Alternatively,Option 2 will significantly reduce the cost of professional codification services. Under this option,Code Publishing will provide supplement and online publishing services only. The total cost for a three-year contract is$8,542 to$9,742. Packet Pg. 868 Updated:3/15/2012 by Sabdi Sanchez Page 1 1663 Option 2-Three Year Cost Breakdown First year: $3,792 Second year: $2,375 to$2,975 Third year: $2,375 to $2,975 Total Cost: $8,542 to$9,742 Professional services with Code Publishing may be adjusted at any time during the contract. The unit pricing is guaranteed not to increase for three years. Account: 001-090-5502-0000-0053 General Government Fund Budgeted Amount: $1,387,700 Balance as of 9/28/2011: $303,668 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expense incurred,but not yet processed. Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Staff recommends Council proceed with Option 1 and adopt Resolution; alternatively staff recommends Option 2 and adopt Resolution. Synoysis of Previous Council Action: November 7, 2011- Mayor and Common Council authorized the issuance of a Request for Proposal for Municipal Code Codification Services. February 6, 2012- A Professional Services Agreement with Code Publishing, Inc. was brought before the Mayor and Common Council with a staff recommendation of approval and was continued to the March 19,2012,Council meeting. Updated:3/15/2012 by Sabdi Sanchez Paee 2 1663 �. Background: Following approval of the Mayor and Common Council on November 7, 2011, City Manager Department staff issued a Request for Proposal (RFP) for the recodification and republication of the City's Charter and Municipal Code and ongoing supplement and code publishing services. At the February 6, 2012, Council meeting, a contract with Code Publishing was recommended by the evaluation committee. The evaluation committee was comprised of City staff representing the City Clerk's and City Manager's offices, Public Works, Information Technology, and Community Development departments. A representative from the City Attorney's Office attended one presentation; however, the City Attorney's Office did not participate in the evaluation process. Code Publishing received the highest ranking scores after a thorough review of all proposals based on cost of service,project approach, quality of sample,and experience and qualifications. The Mayor and Common Council discussed codification services before a decision was made to postpone the item until the March 19,2012, Council meeting. Based on staff research, outsourcing codification services is a standard practice used by 91 percent of California cities. The legal publishing and electronic expertise of a professional codifier will save the City time and money. The process of codification, that is, codifying, indexing, proofreading, publishing, and distributing materials is a time consuming task for staff which is often set aside for higher priority assignments. Since a codification firm has specialized expertise in code maintenance,they can provide a cost-effective service with a fast turnaround of materials. The City and community also benefit from improved electronic features, including search functions, which may not be achieved in-house due to lack of resources. An outside firm also brings best practices gathered from servicing other municipalities and a fresh perspective on the City's Code. Presently, the City Attorney's Office is responsible for the codification of the Municipal Code. The Planning Division is responsible for updating all changes to the Development Code(Title 19 of the Municipal Code). The City Attorney's and City Clerk's offices work collaboratively to proofread,print, and distribute the supplement pages. The City Attorney's Office indicated that a legal secretary or paralegal had been used to handle the codification responsibilities. Codification requires editorial expertise, working legal knowledge, and a strong understand of the codification process. A salary survey is provided in Table 1.0 indicating the low and high earnings of a legal secretary Updated:3/15/2012 by Sabdi Sanchez Paae 3 1663 and paralegal. The annual salary range for a full time legal secretary is $72,875 to $85,764. The annual salary range of a paralegal is $82,524 to $93,385. The part-time salary estimates shown below are based on 1,040 annual working hours, though more hours may be required to complete tasks. Benefits have been included in the full time salary estimates. Table 1.0 Salary Sury ev Legal Secretary Range Low High Paralegal Range Low High 3450 3480 Full time Salary $50,256 $61,092 Full time Salary $58,368 $67,500 Full time Benefits $22,619 $24,672 Full time Benefits $24,156 $25,885 Total Salary/Benefits $72,875 $85,764 Total $82,524 $93,385 Salary/Benefits Part time Salary $25,126 $30,545 Part time Salary $29,182 $33,748 Part time Benefits Medicare, Medicare, Part time Benefits Medicare, Medicare, Unemployment Unemployment Unemployment Unemployment Table 1.1 provides a three-year cost comparison of outsourcing codification services pursuant to the two outsourcing options and utilizing in-house personnel. A 10 percent salary concession has not been factored into the salaries shown here. Under Option 1, the cost of outsourcing in the second and third year is significantly reduced while the cost of in-house service remains the same. Over a three-year period (assuming there are no merit increases) the estimated cost of a legal secretary ranges from$218,625 to$257,292 and$75,379 to $91,634 for part time staff. The estimated cost of a paralegal may range from $247,572 to 280,155 and $87,547 to $101,244 for part time staff. It can be seen that the cost of outsourcing a three-year contract is far less than the cost of hiring staff to assume codification responsibilities. Besides cost, the expertise and capabilities of a professional codification firm far exceeds those of a single staff person. It is important to note that the $40,000 budgeted for the update the Municipal Code is not a reoccurring amount. Table 1.1 Three-Year Cost Comparison In-house vs. Outsourcing Services Updated:3/15/2012 by Sabdi Sanchez Pave 4 1663 Year 1 Year 2 Year 3 Total Cost Low High Low High Low High Low High Legal Secretary(FT) $72,875 $85,764 $72,875 $85,764 $72,875 $85,764 $218,625 $257,292 Legal Secretary(PT) $25,126 $30,545 $25,126 $30,545 $25,126 $30,545 $75,379 $91,634 Paralegal(FT) $82,524 $93,385 $82,524 $93,385 $82,524 $93,385 $247,572 $280,155 Paralegal(PT) $29,182 $33,748 $29,182 $33,748 $29,182 $33,748 $87,547 $101,244 Outsourcing-Option 1 $23,800 $24,695 $2,375 $2,975 $2,375 $2,975 $28,550 $30,645 Outsourcing-Option 2 $3,792 $3,792 $2,375 $2,975 $2,375 $2,975 $8,542 $9,742 Presented below are two options to address the City's codification needs. An outdated code book can be problematic on a variety of levels including the potential to impact the City's revenue generating capabilities because code and safety enforcement officials are unable to enforce the laws with consistency and accuracy. Since the Code has not been substantially recodified in years and quarterly supplements of new and amended ordinances are infrequently delivered (the last supplement was distributed over a year ago in February, 2011) it is recommended that a complete review of the Code be done (Option 1 below). The cost of this service is significantly © less expensive than if the work were to be completed in-house. Alternatively, Option 2 will reduce the cost of outsourcing services by as much as 68 to 70 percent by contracting a reduced scope of work limited to supplement and publishing services. Option 1: Award a contract to Code Publishing to provide recodification, republication, ongoing supplement and publishing services. The total cost of a three-year contract will range from $28,550 to $30,645 total. Option 2: Award a contract to Code Publishing to provide a modified scope of work including supplement and web hosting services. With this option, Code Publishing will update and maintain the Code in its current form and provide quarterly supplements. The web hosting service will improve the search features and functionality of the existing online Code. This option will significantly reduce the project cost by 68 to 70 percent. The total cost of a three-year contract will range from$8,542 to $9,742. City Attorney Review: Supportine Documents: Resolution (DOC) Updated:3/15/2012 by Sabdi Sanchez Page 5 i i 1663 O Code Publishing Professional Services Agreement (DOCX) Code Publishing Professional Agreement Modified Scope of Work(DOCX) Code Publishing Information (PDF) Exhibit A Code Publishing Proposal (PDF) Updated:3/15/2012 by Sabdi Sanchez Page 6 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE PROFESSIONAL SERVICES AGREEMENT 3 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, 1 4 INC.,TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 5 WHEREAS, it has been the desire of the City of San Bernardino to recodify and 6 republish its Charter and Municipal Code, the scope of codification services being sought i 7 include: Republication/Recodification of the Charter and Municipal Code, Code Analysis and 8 Review, Supplement Services, Electronic Publishing and Internet Services; and m 9 WHEREAS 2 pursuant to Resolution 2011-299, the Mayor and Common Council in 10 0 11 authorized the issuance of a Request for Proposal to solicit proposals for professional Tv v 12 codification services; and 'o U 13 S WHEREAS, four proposals were received and reviewed by a selection committee 14 comprised of City staff representing the City Clerk's, City Manager's offices, Public Works, f 15 16 Information Technology, and Community Development Departments; and c 17 WHEREAS, the proposals were evaluated based on cost, project approach, quality of 2 0 18 samples, and experience and qualifications and three of the companies were invited to meet 19 with the selection committee for further consideration; and m 20 E L WHEREAS,the City of San Bernardino now desires to enter into a three year contract m 21 22 with Code Publishing, Inc., to provide professional codification services until January 31, 23 2015. 24 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 25 CITY OF SAN BERNARDINO AS FOLLOWS: 26 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 27 execute a Professional Services Agreement by and between the City San Bernardino and Code 28 ME I Publishing, Inc. A copy of the Professional Services Agreement is attached as Exhibit "A" 2 and incorporated herein by reference. 3 SECTION 2. The authorization to execute the above-referenced Agreement is 4 rescinded if the Agreement is not executed by both parties within ninety (90) days of the 5 passage of this Resolution. 6 7 8 N d 9 d 10 0 11 2 12 0 U 13 n 14 15 16 17 0 18 d ix 19 d 20 E 0 m 21 22 23 24 25 26 27 28 PacketPg. 875 ME 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE PROFESSIONAL SERVICES AGREEMENT 2 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC.,TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 3 i 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 thereof, held on the day of ,2012,by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ 11 JENKINS g U 12 BRINKER a U 13 SHORETT a U 14 KELLEY 15 JOHNSON 16 17 MCCAMMACK `o 18 d 19 Rachel G. Clark, CMC, City Clerk c d E 20 The foregoing resolution is hereby approved this day of 2012. m 21 a 22 Patrick J. Moms, Mayor 23 City of San Bernardino 24 Approved as to form: JAMES F. PENMAN, 25 City Attorney 26 By. 27 28 Packet.Pg..876- MN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1 This Professional Services Agreement is entered into this 19 day of March, 2012, 2 by and between Code Publishing Inc. ("CONSULTANT") and the City of San Bernardino 3 (`CITY" or "San Bernardino"). Z 4 m 5 WITNESSETH: o 6 WHEREAS, the Mayor and Common Council has determined that it is 2 w 0 O 7 advantageous and in the best interests of the CITY to contract for professional codification m 8 a services; and 'c 9 s 10 WHEREAS, the City of San Bernardino did solicit and accept bids from available 0 11 vendors for Municipal Code Codification Services pursuant to RFP F-12-06; and c m 12 WHEREAS, it has been determined that CONSULTANT is the most qualified to m 13 a perform said services and that CONSULTANT warrants that they are qualified and will 14 00 perform the work in a timely fashion. Z 15 H 16 NOW, THEREFORE, the parties hereto agree as follows: c 17 1. Scope of Services. CONSULTANT shall perform the scope of services described o 18 19 and set forth in Exhibit A, attached hereto and incorporated herein as though set S N 20 forth in full. CONSULTANT shall complete the tasks according to the schedule of aa' m 21 performance which is also set forth in Exhibit "A". u 0 22 d 23 2. Additional Services. CONSULTANT shall not be compensated for any services u A 24 rendered in connection with its performance of this AGREEMENT which are in a 25 addition to or outside of those set forth in this AGREEMENT or listed in Exhibit 26 "A" "SCOPE OF SERVICES", unless such additional services are authorized in 27 28 Packet Pg.877 ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. advance and in writing by the Mayor and Common Council. CONSULTANT shall 1 2 be compensated for any such additional services in the amounts and in the manner 3 agreed to by the Mayor and Common Council. v 4 it d 5 3. Compensation and Expenses. o c 6 A. For the codification services, the CITY shall pay the CONSULTANT an 9 w a 7 amount which may not exceed $30,645 over the three year contract without c0 m 8 the written consent of the CITY. .2 I 9 g 10 B. Subject to any limitations set forth in this AGREEMENT, CONSULTANT I � { 11 shall furnish to CITY an original invoice for all work performed and d 12 expenses incurred. City shall independently review each invoice submitted by m 13 ° the CONSULTANT to determine whether the work performed and expenses 14 15 incurred are in compliance with the provisions of this AGREEMENT. In the w m 16 event that no charges or expenses are disputed, the invoice shall be approved c m 17 and paid. In the event any charges or expenses are disputed by CITY, the c a 18 original invoice shall be returned by CITY to CONSULTANT for correction 19 a a 20 and resubmission within thirty (30) days of receipt of an invoice of any a { m 21 disputed fees set forth on the invoice. o U 22 C. Except as to any charges for work performed or expenses incurred by a 23 0 i CONSULTANT which are disputed by CITY, CITY will cause a 24 25 CONSULTANT to be paid within thirty (30) days of receipt of 26 CONSULTANTS invoice. ! 27 28 I Packet Pg. 878 7 ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. D. Payment to CONSULTANT for work performed pursuant to this 1 2 AGREEMENT shall not be deemed to waive any defects in work performed 3 by CONSULTANT. d v 4 z 4. Ownership of Documents. All original reports, computer files, files and other y 5 0 6 documents prepared, developed or discovered by CONSULTANT in the course of w a 7 providing any services pursuant to this AGREEMENT shall become the sole 0 m 8 property of CITY and may be used, reused or otherwise disposed of by CITY ,-°, .2 9 without the permission of the CONSULTANT. Upon completion, expiration or 10 termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such 11 12 original studies, assessments, reports, data, notes, computer files, files and other E 13 documents. With respect to computer files, CONSULTANT shall make available to a f 14 the CITY, at the CONSULTANT's office and upon reasonable written request by 15 the CITY, the necessary computer software and hardware for purposes of accessing, 16 `s 17 compiling, transferring, and printing computer files. `o 18 5. Term; Termination. a c 19 A. The services set forth in Exhibit "A", shall be for a period of 3 years, H 20 commencing on March 19, 2012 and terminating on January 31, 2015, unless d 21 0 previously modified, amended or cancelled by the written mutual consent of a 22 23 both parties. u w 24 B. Services may be adjusted at any point during the contract. Payment to 25 CONSULTANT in the amount of 25 percent of the project cost will be paid 26 at the beginning of the project, 25 percent after the first proof/legal review 27 28 WE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL © CODE CODIFICATION SERVICES. have been delivered to the City, and the balance upon Internet setup. 1 2 Thereafter, supplementation to the printed and online codes will be invoiced 3 upon service delivery, payable within thirty (30) days thereafter. m v 4 C. CITY may terminate this AGREEMENT, with or without cause, at any time m N 5 by giving thirty (30) days written notice of termination to CONSULTANT. 2 .W 6 In the event such notice is given, CONSULTANT shall cease immediately all o 7 U S work in progress. $ u 'c 9 D. CONSULTANT may terminate this AGREEMENT at any time upon thirty 10 0 11 (30) days written notice of termination to CITY. c 12 E E. Upon termination of this AGREEMENT by either CONSULTANT or 13 IT 14 CITY, all property belonging exclusively to CITY which is in 15 CONSULTANT' possession shall be returned to CITY. CONSULTANT m m 16 shall furnish to CITY a final invoice for work performed and expenses c .2 17 incurred by CONSULTANT, prepared as set forth in SECTION 2 of this o IL` 18 AGREEMENT. This final invoice shall be reviewed and paid in the same 19 manner as set forth in SECTION 2 of this AGREEMENT. B 20 a' 21 0 6. Contractor Non-Compliance. U 22 d E 23 A. If the CITY determines that there are deficiencies in the performance of this x 24 Agreement, the CITY, will provide a written notice to the CONSULTANT a 25 stating the deficiencies and specifying a time frame to correct the specified 26 Q 27 28 i 9.A.b" PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. deficiencies. This time frame shall be reasonable, as determined by the 1 2 CITY, to correct the specified deficiencies. 3 B. Should the CONSULTANT fail to correct any deficiencies within the stated 4 time frame, the CITY, may exercise the following measures: (n 5 0 6 1. Deduct from the CONSULTANT'S payment the amount necessary to w 9 O correct the deficiency, including CITY overhead costs and impose a ) 8 a U deficiency deduction. 3 9 10 2. Withhold the entire or partial payment. 11 v c 12 3. Terminate the contract and award to second bidder. E d m 13 7. Indemnity. CONSULTANT shall defend, indemnify, and hold harmless the CITY, 14 15 its officers, employees and agents from any claims, demands, lawsuits, liabilities, N a 16 judgments, or expenses, including attorney's fees, damage to property or injuries to a .y 17 or death of any person or persons or damages of any nature including, but not c a 18 limited to, all civil claims or workers' compensation claims, to the extent arising out c 19 20 of, pertaining to, or related to the negligence, recklessness, or willful misconduct of 21 CONSULTANT, its employees, agents or subcontractors in the performance of this o U 22 Agreement, except that such duty to defend, indemnify, and hold harmless shall not E s apply to the extent where injury to person or property is caused by CITY'S m 24 a negligence, recklessness or willful misconduct. CONSULTANT hereby waives any 25 26 and all rights to any types of express or implied indemnity against the CITY, its - 27 elected officials, employees, agents or representatives, with respect to third party 28 Packet Pg..861 ' ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. claims against the CONSULTANT relating to or in any way connected with the 1 2 accomplishment of the work or performance of services under this Agreement. 3 8. Insurance. While not restricting or limiting the foregoing, during the term of this $ 4 i m 5 Agreement, CONSULTANT shall maintain in effect policies of comprehensive o c 6 public, general and automobile liability insurance, in the amount of $1,000,000.00 u w D 7 combined single limit, and statutory worker's compensation coverage, and shall file 0 N 8 copies of said policies with the CITY's Risk Manager prior to undertaking any work '2 'c 9 under this Agreement. CITY shall be set forth as an additional named insured in 10 11 each policy of insurance provided hereunder. The Certificate of Insurance furnished 12 to the CITY shall require the insurer to notify CITY of any change or termination in a i 13 the policy 30 days' notice prior to any change or termination of policy. 14 9. Non-Discrimination. In the performance of this Agreement and in the hiring and Z 15 v, 16 recruitment of employees, CONSULTANT shall not engage in, nor permit its o 17 officers, employees or agents to engage in, discrimination in employment of persons w 0 18 because of their race, religion, color, national origin, ancestry, age, mental or m c 19 s physical disability, medical conditions, marital status, sexual gender or sexual a 20 orientation, or any other status protected by law. v 21 0 10. Independent Contractor. CONSULTANT shalt perform work tasks provided by 22 m 23 this Agreement, but for all intents and purposes CONSULTANT shall be an u x 24 independent contractor and not an agent or employee of the CITY. CONSULTANT a 25 shall secure, at its expense, and be responsible for any and all payment of Income 26 27 Tax, Social Security, State Disability Insurance Compensation, Unemployment 28 Packet Pg. 882 i PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. Compensation, and other payroll deductions for CONSULTANT and its officers, 1 2 agents, and employees, and all business licenses, if any are required, in connection 3 with the services to be performed hereunder. u_ 4 it 11. Standard of Performance. CONSULTANT represents and warrants that it has the rn 5 $ 6 qualifications, experience and facilities necessary to properly perform the services w ;o 7 required under this AGREEMENT in a thorough, competent and professional u m 8 manner. CONSULTANT shall at all times faithfully, competently and to the best of 9 its ability, experience and talent, perform all services described herein. In meeting 10 its obligations under this AGREEMENT, CONSULTANT shall employ, at a 11 12 minimum, generally accepted standards and practices utilized by persons engaged in E N E 13 providing services similar to those required of CONSULTANT under this a 14 AGREEMENT. 2 15 12. Business Registration Certificate and Other Requirements. CONSULTANT m 16 `o 17 warrants that it possesses or shall obtain and maintain a business registration d w 2 18 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, a m E 19 permits, qualifications, insurance and approval of whatever nature that are legally m a 20 required of CONSULTANT to practice its business or profession. . 21 0 13. Notices. Any notices to be given pursuant to this Agreement shall be deposited with .. 22 23 the United States Postal Service, postage prepaid and addressed as follows: L v 24 TO THE CITY: City of San Bernardino 25 300 North "D" Street, 6'"Floor San Bernardino, CA 92418 26 Telephone: (909) 384-5140 © 27 Attention: City Manager's Office 28 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL ® CODE CODIFICATION SERVICES. 1 2 TO THE CONSULTANT: Code Publishing Inc. 9410 Roosevelt Way NE 3 Seattle, WA 98115 d 4 Telephone: (206) 527-6831 Z Attention: Margaret Bustion N 5 .2`o 6 14. Authority to Execute. The person or persons executing this AGREEMENT on o 7 0 8 behalf of CONSULTANT represents and warrants that he/she/they has/have the o E 9 authority to so execute this AGREEMENT and to bind CONSULTANT to the 10 performance of its obligations hereunder. The City Council of the City of San 11 Bernardino has authorized the undersigned to execute this AGREEMENT. c 12 E E 15. Binding Effect. This AGREEMENT shall be binding upon the heirs, executors, © 13 a 14 administrators, successors and assigns of the parties. u 2 15 16. Attorneys' Fees. In the event that litigation is brought by any party in connection N a 16 with this Agreement, the prevailing party shall be entitled to recover from the 3 m 17 m opposing party all costs and expenses, including reasonable attorneys' fees, incurred o 18 19 by the prevailing parry in the exercise of any of its rights or remedies hereunder or 20 the enforcement of any of the terms, conditions or provisions hereof. The costs, a 21 salary and expenses of the City Attorney and members of his office in enforcing this 0 22 Agreement on behalf of the CITY shall be considered as `attorneys' fees" for the 23 u purposes of this paragraph. yR 24 a 25 26 C 27 28 Packet Pg. 884 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 17. Assignment. CONSULTANT shall not voluntarily or by operation of law assign, 1 2 transfer, sublet or encumber all or any part of the CONSULTANT's interest in this 3 Agreement without CITY's prior written consent. Any attempted assignment, 7 u 4 transfer, subletting or encumbrance shall be void and shall constitute a breach of this m N 5 C Agreement and cause for the termination of this Agreement. Regardless of CITY'S m 6 w 7 consent, no subletting or assignment shall release CONSULTANT of u 8 CONSULTANT's obligation to perform all other obligations to be performed by a E C 9 CONSULTANT hereunder for the term of this Agreement. 10 18. Continuity of Personnel. CONSULTANT shall make every reasonable effort to 11 ` maintain the stability and continuity of CONSULTANT'S staff assigned to perform d 12 E m 13 the services required under this AGREEMENT. CONSULTANT shall notify CITY 2 f^ a 14 of any changes in CONSULTANT'S staff assigned to perform the services required 15 under this AGREEMENT, prior to any such performance. W 16 19. Waiver. Waiver by any party to this AGREEMENT of any term, condition, or m 17 w covenant of this AGREEMENT shall not constitute a waiver of any other term, ° 18 m 19 condition, or covenant. Waiver by any party of any breach of the provisions of this a 20 AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of a' m a 21 any subsequent breach or violation of any provision of this AGREEMENT. 0 22 c Acceptance by CITY of any work or services by CONSULTANT shall not constitute E 23 24 a waiver of any of the provisions of this AGREEMENT. 25 20. Venue. The parties hereto agree that all actions or proceedings arising in connection 26 with this Agreement shall be tried and litigated either in the State courts located in 27 28 Packet Pg. 885 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL © CODE CODIFICATION SERVICES. the County of San Bernardino, State of California or the U.S. District Court for the 1 2 Central District of California, Eastern Division. The aforementioned choice of venue 3 is intended by the parties to be mandatory and not permissive in nature. H v 4 21. Governing Law. This Agreement shall be governed by the laws of the State of m N C 5 California. ° 6 ° 7 22. Successors and Assigns. This Agreement shall be binding on and inure to the 0'a 0 8 benefit of the parties to this Agreement and their respective heirs, representatives, o .� 9 successors, and assigns. 10 23. Headings. The subject headings of the sections of this Agreement are included for 11 the purposes of convenience only and shall not affect the construction or the d 12 s 13 interpretation of any of its provisions. m a 14 24. Severability. If any provision of this Agreement is determined by a court of u 15 competent jurisdiction to be invalid or unenforceable for any reason, such rn m e 16 determination shall not affect the validity or enforceability of the remaining terms °-� 17 w and provisions hereof or of the offending provision in any other circumstance, and °. a 18 C 19 the remaining provisions of this Agreement shall remain in full force and effect. w n 20 25. Entire Agreement; Modification. This Agreement constitutes the entire agreement a' 21 a and the understanding between the parties, and supersedes any prior agreements and u 22 c understandings relating to the subject manner of this Agreement. This Agreement E 23 24 may be modified or amended only by a written instrument executed by all parties to a 25 this Agreement. 26 © 27 28 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 26. Cooperation By City. All public information, data, reports, records, and maps as 1 2 are existing and available to CITY as public records, and which are necessary for 3 carrying out the work as outlined in the Exhibit "A" "SCOPE OF SERVICES", shall U 4 be furnished to CONSULTANT in every reasonable way to facilitate, without undue d N 5 delay, the work to be performed under this AGREEMENT. °- 6 27. Contents of Request for Proposal and Proposal. CONSULTANT is bound by the v 7 U 8 contents of City's Request for Proposal, RFP No F-12-06, which is attached hereto 0 U 9 and incorporated herein by this reference. In the event of conflict, the requirements 10 of City's Request for Proposals and this Agreement shall take precedence over those 11 contained in the Consultant's proposals. m 12 E m 13 N 14 it 15 A 16 17 0 18 c 19 / / / y a 20 d 21 22 d 23 r U 24 / / / a 25 26 27 28 Packet Fg,,$87;,;' 9.A.b' PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 1 2 date set forth below. 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. it y 5 0 6 Dated: 2012 CODE PUBLISHING, INC. 8 0 7 By: 8 Name: a Title: 9 10 11 ` d 12 E v d 13 a 14 Dated 2012 CITY OF SAN BERNARDINO 3 15 By: 16 Charles E. McNeely, City Manager c y 17 0 18 Approved as to Form: rn 19 JAMES F. PENMAN, E City Attorney w a 20 a' By: v 21 0 22 E 23 A 24 a 25 26 27 28 Packet Pg%88Ef ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL © CODE CODIFICATION SERVICES. 1 This Professional Services Agreement is entered into this 19 day of March, 2012, d 2 by and between Code Publishing Inc. ("CONSULTANT") and the City of San Bernardino z 3 fq ("CITY" or "San Bernardino"). o 4 A V 5 WITNESSETH: o U 6 WHEREAS, the Mayor and Common Council has determined that it is i u 7 advantageous and in the best interests of the CITY to contract for professional codification 8 services; and 9 10 WHEREAS, the City of San Bernardino did solicit and accept bids from available S 3 11 vendors for Municipal Code Codification Services pursuant to RFP F-12-06; and o m a 1 12 WHEREAS, it has been determined that CONSULTANT is the most qualified to w 13 a perform said services and that CONSULTANT warrants that they are qualified and will w 14 9 0 15 perform the work in a timely fashion. E 16 NOW, THEREFORE, the parties hereto agree as follows: W 17 1. Scope of Services. CONSULTANT shall perform the scope of services described c 18 w 19 and set forth in Exhibit A, attached hereto and incorporated herein as though set c a 20 forth in full. CONSULTANT shall complete the tasks according to the schedule of r N 21 performance which is also set forth in Exhibit "A". IL 22 a 23 2. Additional Services. CONSULTANT shall not be compensated for any services 0 c 24 rendered in connection with its performance of this AGREEMENT which are in E E v 25 addition to or outside of those set forth in this AGREEMENT or listed in Exhibit a 26 "A" "SCOPE OF SERVICES", unless such additional services are authorized in 27 28 ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. advance and in writing by the Mayor and Common Council. CONSULTANT shall 1 2 be compensated for any such additional services in the amounts and in the manner 2 3 agreed to by the Mayor and Common Council. y c 2 4 A 5 3. Compensation and Expenses. w 9 O 6 A. For the codification services, the CITY shall pay the CONSULTANT an a U 7 amount which may not exceed $9,742 over the three year contract without the 8 written consent of the CITY. 9 10 B. Subject to any limitations set forth in this AGREEMENT, CONSULTANT Y`o 3 11 shall furnish to CITY an original invoice for all work performed and o m n 0 12 expenses incurred. City shall independently review each invoice submitted by H 13 �) the CONSULTANT to determine whether the work performed and expenses a 14 0 15 incurred are in compliance with the provisions of this AGREEMENT. In the E E 16 event that no charges or expenses are disputed, the invoice shall be approved 17 a and paid. In the event any charges or expenses are disputed by CITY, the 0 18 original invoice shall be returned by CITY to CONSULTANT for correction d 19 20 and resubmission within thirty (30) days of receipt of an invoice of any c z 21 disputed fees set forth on the invoice. a a 22 C. Except as to any charges for work performed or expenses incurred by c 23 24 CONSULTANT which are disputed by CITY, CITY will cause E r 25 CONSULTANT to be paid within thirty (30) days of receipt of a 26 CONSULTANTS invoice. 27 28 MN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. D. Payment to CONSULTANT for work performed pursuant to this 1 2 AGREEMENT shall not be deemed to waive any defects in work performed u it 3 by CONSULTANT. in c 0 4 u 4. Ownership of Documents. All original reports, computer files, files and other 5 0 6 documents prepared, developed or discovered by CONSULTANT in the course of 2 c 7 providing any services pursuant to this AGREEMENT shall become the sole •2 0 f 8 property of CITY and may be used, reused or otherwise disposed of by CITY M 9 without the permission of the CONSULTANT. Upon completion, expiration or Y 10 termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such w 11 � m 12 original studies, assessments, reports, data, notes, computer files, files and other c 0 N 13 documents. With respect to computer files, CONSULTANT shall make available to m 14 9 the CITY, at the CONSULTANT'S office and upon reasonable written request by 0 15 the CITY, the necessary computer software and hardware for purposes of accessing, d 16 17 compiling, transferring, and printing computer files. c 18 5. Term; Termination. °- d w 19 A. The services set forth in Exhibit "A", shall be for a period of 3 years, ° a 20 commencing on March 19, 2012 and terminating on January 31, 2015, unless r N 21 a 22 previously modified, amended or cancelled by the written mutual consent of IL v 23 both parties. 0 c 24 B. Services may be adjusted at any point during the contract. Payment to £ L V 25 CONSULTANT in the amount of 25 percent of the project cost will be paid a 26 at the beginning of the project, 25 percent after the first proof/legal review 27 28 I PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. have been delivered to the City, and the balance upon Internet setup. 1 2 Thereafter, supplementation to the printed and online codes will be invoiced 3 upon service delivery, payable within thirty (30) days thereafter. in c 0 4 C. CITY may terminate this AGREEMENT, with or without cause, at any time a u 5 by giving thirty (30) days written notice of termination to CONSULTANT. 'a 0 6 In the event such notice is given, CONSULTANT shall cease immediately all • 7 .2 8 work in progress. 9 ° D. CONSULTANT may terminate this AGREEMENT at any time upon thirty m 10 11 (30) days written notice of termination to CITY. o m a 12 E. Upon termination of this AGREEMENT by either CONSULTANT or N 13 d 14 CITY, all property belonging exclusively to CITY which is in c f 15 CONSULTANT' possession shall be returned to CITY. CONSULTANT E 16 shall furnish to CITY a final invoice for work performed and expenses 17 a incurred by CONSULTANT, prepared as set forth in SECTION 2 of this 18 AGREEMENT. This final invoice shall be reviewed and paid in the same m 19 manner as set forth in SECTION 2 of this AGREEMENT. o. 20 c t 21 6. Contractor Non-Compliance. e 0 22 d v 0 23 A. If the CITY determines that there are deficiencies in the performance of this U c 24 Agreement, the CITY, will provide a written notice to the CONSULTANT E 25 M stating the deficiencies and specifying a time frame to correct the specified a 26 27 28 ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. deficiencies. This time frame shall be reasonable, as determined by the 1 2 CITY, to correct the specified deficiencies. 2 a 3 U' B. Should the CONSULTANT fail to correct any deficiencies within the stated `o 4 .5 time frame, the CITY, may exercise the following measures: c 5 a 0 U 6 1. Deduct from the CONSULTANT'S payment the amount necessary to 0 7 correct the deficiency, including CITY overhead costs and impose a 8 9 deficiency deduction. Y 10 2. Withhold the entire or partial payment. 0 11 `o m 12 3. Terminate the contract and award to second bidder. u N 13 7. Indemnity. CONSULTANT shall defend, indemnify, and hold harmless the CITY, 'v 14 0 15 its officers, employees and agents from any claims, demands, lawsuits, liabilities, 5 E 16 judgments, or expenses, including attorney's fees, damage to property or injuries to w 17 a or death of any person or persons or damages of any nature including, but not 0 18 limited to, all civil claims or workers' compensation claims, to the extent arising out 0 19 of, pertaining to, or related to the negligence, recklessness, or willful misconduct of m 20 L 21 CONSULTANT, its employees, agents or subcontractors in the performance of this a 22 a Agreement, except that such du ty to defend, indemni fy, and hold harmless shall not v 0 23 `) apply to the extent where injury to person or property is caused by CITY'S c 24 E negligence, recklessness or willful misconduct. CONSULTANT hereby waives any 25 x 26 and all rights to any types of express or implied indemnity against the CITY, its a C27 elected officials, employees, agents or representatives, with respect to third party 28 MN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. claims against the CONSULTANT relating to or in any way connected with the 1 2 accomplishment of the work or performance of services under this Agreement. d 3 S. Insurance. While not restricting or limiting the foregoing, during the term of this `o 4 5 Agreement, CONSULTANT shall maintain in effect policies of comprehensive s 9 O 6 public, general and automobile liability insurance, in the amount of $1,000,000.00 L 'v 7 combined single limit, and statutory worker's compensation coverage, and shall file '2 f 8 copies of said policies with the CITY's Risk Manager prior to undertaking any work M 9 under this Agreement. CITY shall be set forth as an additional named insured in x 10 0 each policy of insurance provided hereunder. The Certificate of Insurance furnished 11 0 a 12 to the CITY shall require the insurer to notify CITY of any change or termination in u N /^ 13 the policy 30 days' notice prior to any change or termination of policy. w 14 0 9. Non-Discrimination. In the performance of this Agreement and in the hiring and g 15 E recruitment of employees, CONSULTANT shall not engage in, nor permit its m 16 w 17 officers, employees or agents to engage in, discrimination in employment of persons { `o 18 because of their race, religion, color, national origin, ancestry, age, mental or 'N d w 19 physical disability, medical conditions, marital status, sexual gender or sexual n a 20 orientation, or any other status protected by law. y 21 a 22 10. Independent Contractor. CONSULTANT shall perform work tasks provided by a ' a j 23 this Agreement, but for all intents and purposes CONSULTANT shall be an 0 c 24 independent contractor and not an agent or employee of the CITY. CONSULTANT E v 25 shall secure, at its expense, and be responsible for any and all payment of Income a 26 © 27 Tax, Social Security, State Disability Insurance Compensation, Unemployment 28 Packet Pg. 894 I 1 ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. Compensation, and other payroll deductions for CONSULTANT and its officers, 1 2 agents, and employees, and all business licenses, if any are required, in connection 2 3 with the services to be performed hereunder. y C 0 4 11. Standard of Performance. CONSULTANT represents and warrants that it has the w 5 $ 6 qualifications, experience and facilities necessary to properly perform the services U a 7 required under this AGREEMENT in a thorough, competent and professional .2 f 8 manner. CONSULTANT shall at all times faithfully, competently and to the best of e 9 its ability, experience and talent, perform all services described herein. In meeting Y 10 0 its obligations under this AGREEMENT, CONSULTANT shall employ, at a 3 11 0 12 minimum, generally accepted standards and practices utilized by persons engaged in u N 13 providing services similar to those required of CONSULTANT under this d 14 AGREEMENT. f 15 12. Business Reaistration Certificate and Other Requirements. CONSULTANT d 16 17 warrants that it possesses or shall obtain and maintain a business registration m c 18 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, a d w 19 permits, qualifications, insurance and approval of whatever nature that are legally 0. 20 required of CONSULTANT to practice its business or profession. ' 21 a 13. Notices. Any notices to be given pursuant to this Agreement shall be deposited with a' 22 0 23 the United States Postal Service, postage prepaid and addressed as follows: L) c 24 TO THE CITY: City of San Bernardino 25 300 North "D" Street, 6ih Floor San Bernardino, CA 92418 a 26 Telephone: (909) 384-5140 27 Attention: City Manager's Office �,J 28 IMIMN ME PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1 2 TO THE CONSULTANT: Code Publishing Inc. 9410 Roosevelt Way NE z 3 Seattle, WA 98115 y c 4 Telephone: (206) 527-6831 °- Attention: Margaret Bustion w 5 0 0 6 14. Authority to Execute. The person or persons executing this AGREEMENT on m a .2 7 c 8 behalf of CONSULTANT represents and warrants that he/she/they has/have the 2 9 authority to so execute this AGREEMENT and to bind CONSULTANT to the Y 10 performance of its obligations hereunder. The City Council of the City of San 0 0 11 Bernardino has authorized the undersigned to execute this AGREEMENT. o 0 12 15. Binding Effect. This AGREEMENT shall be binding upon the heirs, executors, v ^ 13 LD 14 administrators, successors and assigns of the parties. o 15 16. Attorneys' Fees. In the event that litigation is brought by any party in connection d E m 16 with this Agreement, the prevailing party shall be entitled to recover from the W 17 opposing parry all costs and expenses, including reasonable attorneys' fees, incurred o 18 19 by the prevailing party in the exercise of any of its rights or remedies hereunder or o a` 20 the enforcement of any of the terms, conditions or provisions hereof. The costs, r w 21 salary and expenses of the City Attorney and members of his office in enforcing this a CL CL 22 Agreement on behalf of the CITY shall be considered as "attorneys' fees' for the c 23 `.'. purposes of this paragraph. c 24 E 25 26 27 28 MN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 17. Assignment. CONSULTANT shall not voluntarily or by operation of law assign, 1 2 transfer, sublet or encumber all or any part of the CONSULTANT's interest in this 3 Agreement without CITY'S prior written consent. Any attempted assignment, w c 0 4 transfer, subletting or encumbrance shall be void and shall constitute a breach of this w 5 Agreement and cause for the termination of this Agreement. Regardless of CITY's 0 6 W consent, no subletting or assignment shall release CONSULTANT of 7 c 8 CONSULTANT's obligation to perform all other obligations to be performed by M ID 9 CONSULTANT hereunder for the term of this Agreement. Y 10 18. Continuity of Personnel. CONSULTANT shall make every reasonable effort to ° 3 11 `° maintain the stability and continuity of CONSULTANT'S staff assigned to perform o. 12 3 the services required under this AGREEMENT. CONSULTANT shall notify CITY w 13 $ c i 14 of any changes in CONSULTANT'S staff assigned to perform the services required o li s 15 under this AGREEMENT, prior to any such performance. E 16 19. Waiver. Waiver by any party to this AGREEMENT of any term, condition, or { 17 covenant of this AGREEMENT shall not constitute a waiver of any other term, o 18 a N condition, or covenant. Waiver by any party of any breach of the provisions of this c 19 a 20 AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of c a r 21 any subsequent breach or violation of any provision of this AGREEMENT. a 22 Acceptance by CITY of any work or services by CONSULTANT shall not constitute o 23 a waiver of any of the provisions of this AGREEMENT. E 1 r j 25 20. Venue. The parties hereto agree that all actions or proceedings arising in connection 1 a 26 with this Agreement shall be tried and litigated either in the State courts located in 27 28 9.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. the County of San Bernardino, State of California or the U.S. District Court for the 1 2 Central District of California, Eastern Division. The aforementioned choice of venue 3 is intended by the parties to be mandatory and not permissive in nature. m c 0 4 21. Governing Law. This Agreement shall be governed by the laws of the State of . .2 v 5 California. 0 6 R EL 22. Successors and Assigns. This Agreement shall be binding on and inure to the :2 7 c 8 benefit of the parties to this Agreement and their respective heirs, representatives, M b 9 successors, and assigns. Y 10 23. Headings. The subject headings of the sections of this Agreement are included for ° 3 w 11 ° the purposes of convenience only and shall not affect the construction or the a 12 N 13 interpretation of any of its provisions. w 14 24. Severability. If any provision of this Agreement is determined by a court of 15 competent jurisdiction to be invalid or unenforceable for any reason, such d E m 16 determination shall not affect the validity or enforceability of the remaining terms a 17 A and provisions hereof or of the offending provision in any other circumstance, and c 18 N 19 the remaining provisions of this Agreement shall remain in full force and effect. o a 20 25. Entire Agreement; Modification. This Agreement constitutes the entire agreement c r 21 and the understanding between the parties, and supersedes any prior agreements and a 22 understandings relating to the subject manner of this Agreement. This Agreement $ 23 24 may be modified or amended only by a written instrument executed by all parties to E s 25 this Agreement. a 26 27 28 Packet Pg.898 9.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 26. Cooperation By City. All public information, data, reports, records, and maps as 1 2 are existing and available to CITY as public records, and which are necessary for t 3 carrying out the work as outlined in the Exhibit "A" "SCOPE OF SERVICES", shall (n M 0 4 be furnished to CONSULTANT in every reasonable way to facilitate, without undue 5 ° delay, the work to be performed under this AGREEMENT. 0 6 27. Contents of Request for Proposal and Proposal. CONSULTANT is bound by the 7 "c 8 contents of City's Request for Proposal, RFP No F-12-06, which is attached hereto M fD 9 and incorporated herein by this reference. In the event of conflict, the requirements Y 10 of City's Request for Proposals and this Agreement shall take precedence over those ° 3 11 ° contained in the Consultant's proposals. a 12 N 13 0 14 15 d 16 a 17 18 y d 19 a m 20 21 aa' 22 23 24 / / / E t u 25 a 26 27 28 Packet P9•899 9.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 1 2 date set forth below. t m 3 y IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and $ 4 date set forth below. o 5 0 U 6 Dated: 2012 CODE PUBLISHING, INC. o 7 By: 8 Name: Title: 9 Y 10 3 11 �0 a 12 ° O N 13 d 14 Dated 2012 CITY OF SAN BERNARDINO 15 By: v 16 Charles E. McNeely, City Manager m 17 0 0 18 Approved as to Form: N JAMES F. PENMAN, 19 °2 City Attorney a rn 20 By: m 21 B IL 22 a O 23 24 E s u 25 Q 26 27 28 Packet Pg:90Q THE COMPANY About • Since 1989,CPC has steadily grown to serve 20 states. • CPC maintains a firm reputation based on high-quality products and friendly service. • All sales and production staff are located in one building at our office in Seattle,Washington.The municipality v may contact CPC by phone,fax,mail or email. U) c 0 I U O U 2L U_ C 3 t0 t0 ® 0 0 i E "We were dumbfounded. in awe actually,of the Code Publishing Company CPC)is a woman-owned,legal document publisher located in Seattle, C incredibly detailed and WA,with a strong reputation based on high-quality products,friendly service and integrity.CPC c precisejob you have done. began codification services in 1989 and is now the most established codifierlocated on the West It increased our confidence C oast.CPC is a national company providing codification services to hundreds of municipalities a in Code Publishing Co. across 20 states and handling over 6,000 subscriptions across the country.The CPCteam is located o a hundred fold when we in one building at our office in Seattle,WA,and provides support from 7:00 a.m.to 6:00 p.m.PST, a realized the standards you Monday through Friday.Our toll-free number is answered by a live person(not an automated o system)who can direct your call to the editorial staff,accounting department,sales staff,or U employ and the level of technical support as needed.Hands-on training and technical service is available whenever perfection you achieve." necessary.Municipal residents may also order subscriptions or request assistance for the Internet y version of the code from the same toll-free number. E Lind.Stehq Assistant to Me City Manager L U Debra S.Margolis,CiryArtomey to Judxh k Robbins,5P ndl Caancil Pleasant HraU Code Publishing Company's Commitment a • Offer electronic and Internet accessible Customize page layouts and supplement options together with search/retrieval software; schedules; Y • Guarantee code quality; • Utilize new developments in software Z • Deliver materials in a timely manner: applications to make publishing and data d supplements in two to six weeks,and new or retrieval more efficient and more accurate; reformatted books in three to six months; Produce pages at a competitive price and on a O timely basis. v Code publishing.inc 9410 Roosevelt Way NE 206.527.6831 www.codepublishing.com Seattle,WA 98115-2844 800.551.2633 cpcpcodepublishing.com Packet Pg. 901 THE COMPANY Organization Chart and Personnel Qualifications MANAGEMENT Margaret O.BUStlon,President,3G+years in legal publishing,all aspects. William C.Ferensen,Vice President,20+years in publishing. U SALESICONSDLTING, Brooke Hanford,Codification Consultant(1995) BA,University of Washington ANDLEGAL Previously editor/technical adviser in Mary Hood,Lead Attorney/Cod.Consultant(2009) JD,DCL at Michigan State Univ. c 0 u PRODUCTION Steven Jones,Managing Editor(1996) BA,Rice University Rosamund Hodge,Web Developer(2007) MSt University of Oxford v m Editing/Proofreading/indexing: .2L Joshua Clarridge(2006) BA,University of Washington 2 Corodon Fuller(2006) BA,Messiah College 3 Nora Galvin(2011) California State University,Northridge Heidi Hanks(2003) BA,Carleton College ® Charlee McRlll(2011) BS,Washington State University Eric Pidkameny(2002) BA,Vassar College "The City of Albany,OR Sharon Salonen(1995) BA,University of Washington c Sunny Sherman(2007) BA,Chapman University o has been very pleased Phillip Smith(2008) BA,Amherst College m with the service we receive Lily Sprague(2007) MA,Temple University £ from Code Publishing. Jessica Venable(2003) BA,Pacific Lutheran University c They have been providing rn codification services to the c city for almost to years. About Our Staff v, They are timely,honest Our company distinguishes itself with experienced,qualified,and dedicated staff who provide 3 and respect our requests the highest level of customer service and product in our industry.With 6,000 subscriptions a for changes without nationwide and hundreds of internet customers,our business reputation speaks for itself. Each of a questioning our motives." our staff holds a college degree and is committed to excellence in customer service.We lead the U Industry in promptness to updates,innovation,and customized solutions that fit your budget and L,,,,11 needs.needs. Our production team has the expertise your project demands and will deliver it to you on c u, r„k�Mb y OR time. Our attorneys has over 20 years legal experience and holds law licenses both in Michigan d and Washington State. Our codification consultants insure that your project is tailored to your specifications and delivered with excellent results. m Q Insurance CPC carries standard commercial Insurance,Including S1 million'errors and omissions"and general liability coverage required for a Code Reviser for the State of Washington.Insurance y requirements will be met after a project is awarded to CPC and provided during contract Z negotiations. G f O V E Ode publishing.inc_�--_— 9410RooseveIt Way NE 206527.6831 www.codepublishing.com S"Ule,WA98115-2844 800.551.2633 cpc@codepublishing.com SERVICES Codification Services Available from Code Publishing Company • New and republished municipal codes Internet hosting of municipal codes and other documents • Supplements � • Printing,binding and scanning • Ordinance analysis and legal review Subscription service(print on demand) v '-'------------------—------'--'--'------------- -_ > • Electronic formats and online codes rn 0 Codification:The systematic arrangement of a government's ordinances and resolutions; a clear and logical organization of all laws of a general and permanent nature,published, :o indexed and cross-referenced in one source. o U CPC takes a whole-code approach to codification.CPC provides all the services needed for an m 0 ® accurate,up-to-date,easily referenced code that is accessible to government and citizens alike. p CPC's exacting standards mean that at least three pairs of experienced eyes examine the "I have been most pleased ordinances.Supplements are delivered on time.The online code is easy to use and can be updated 2 as ordinances are passed.CPC's focus Is on providing customers with tools they can use and trust. with the services provided by Code Publishing,which Editorial reviewed our antiquated, CPC examines all ordinances and resolutions through the process of editing,proofreading,and two-volume Municipal Code indexing.All material is organized by subject matter,Editing staff provide suggestions for changes, o and converted it into a additions or deletions to code or ordinance material.An optional legal review ensures conformity modern,two-column,one- with state and federal law,constitut ions,and court decisions.CPC prepares an easily referenced o table of contents and Index.There is no charge for corrections made as a result of any errors volume format.They took on introduced in preparing your code. this huge project and made on it very easy for us-proofs Distribution H were accurate,turn-around CPC can provide all ofthe printing,binding,storage,and delivery services forthe code and times were fast,and costs supplements.Many electronic formats are available for use in-house or on the web for easy were reasonable. research and future ordinance revision.CPC can provide Internet hosting of municipal codes and - other documents,as well as create and host small municipal web sites. Ti Everyone I have dealt with at U Code Publishing has The municipality can be involved as little or as much as desired in the codification process. c been extremely responsive CPC welcomes customer input,from a simple question or concern to an opinion on page a' and committed to providing format or colorof the online code.CPC aims to fit Its products around the customer's excellent servicel I will needs,notthe otherway around.We see our purpose as making yourjob easier. N continue to use Code Q Publishing for our future codifying needs!" Susan Bigelow. N CIiy Cler0fChala VISM,CA W U 7 6 W N oe odpublishing.inc:__ __________ _ 9410 Rooseveft Way NE 106527.6831 www.codepubilshing.com Seaule,WA99115-2844 800.551.2633 cpcpcodepubl1Sh1ngxom Packet Pg. 903 >Jew SERVICES Editorial —Codes,Reformats and Supplements • Code organization Legal review Supplements • Editing and proofreading Page layout Getting started J J w m U Code Organization d The standard code organization is based on subject matter,which is more accessible than an v) alphabetical structure.The expandable decimal numbering system allows for expansions within the code as new ordinances are added.For instance,inserting a new section between 3.04.010 and 3.04.020(e.g.,3.04.015)is easier than trying to place one between 3-4-1 and 3-4-2.This eliminates u inconsistent section numbering.When a reformatted code is renumbered,CPC provides parallel a reference tables to original code numbers. U Editing and Proofreading 5 ® CPC organizes,proofreads,indexes,and cross-references all material.An internal comparison :n of ordinances and resolutions identifies discrepancies and typographical errors.After CPC staff E proofread the code three times,an edltorlal report will be sent with the proof copy suggesting "I want to thank you for the changes,additions,or deletions to the code.The municipality may return the proof copy,along with consistently good service responses to the editorial report,at its convenience. provided by Code Publishing Legal Review to the City of Livermore. The code will be carefully reviewed for consistency and accuracy bya licensed attorney The supplements are accurate E experienced in municipal law and[rends. Any Internal conflict between ordinances and/cur and received in a timely code sections will be identified. Each reference to a state statute or regulation,federal law, manner. Your staff works or administrative code will be verified to insure accuracy and currency. Archaic and obsolete o ordinances and sections will be pointed out. State and federal constitutional issues will be directly with our Webmaster P to in posting our Municipal identified and provisions which are vague and/or overbroad,which may deny constitutional c Code online and they have guarantees,and which are Inconsistent with state and federal lawwill be examined and reported. y The municipality will receive a detailed written report,including a thorough analysis and bases for a good and amending or revising ordinances as may be necessary. effective relationship. You a and your staff are always Page Layout o readily available,helpful and CPC arranges text on the page to maximize coverage while remaining readable.This lowers the U courteous. page count,which reduces expenses for the code,electronic formats,and all future updated pages. .. c We look forward to continuing Supplements m E our partnership with Code CPC provides supplements tothe code on a regular schedule determined bythe customer,or on Publishing" emand.Supplements include a preface,statutory references,cross-references,disposition table, g• and index updates.Insertion guides provide instructions for inserting new pages and removing Q Alicecaroe¢, obsolete ones.Formatting and editorial styles are keptconsistem.Printed supplements are Oy CIeAONVermore,U delivered within two to six weeks,depending on the quantity and complexity of the ordinances.No annual fees,storage fees,or minimums. N Getting Started CPC needs a current copy of the code,ordinances,electronic files,and a signed contract from the municipality.The editorial review and proof copy arrive four months after CPC receives all material } It from the municipality.No startup costs or prepayments. W in Cede publishirginc 941011oosevelt Way NE 206527.6831 wwwcodepublishing.com Seanle,WA98115-2844 800551.2633 cpc @codepubiishing.com 9.A.d SERVICES Distribution - Electronic Access and Printing Electronic formats Online on-demand - Subscription service and archiving ---'-- �..._-- ._...—.___............_._ • Internet hosting of municipal Printing,production Binders and tab dividers codes and other documents and scanning y S it N Electronic Formats w c CPC supports the largest variety of electronic formats for searching,extracting,and printing o code text:HTML,XML,Microsoft Word,WordPerfect,RTF,POE Folio Views,or ASCII formats. Customized online formats feature a collapsible table of contents and comprehensive hypertext — links.The table of contents,code tent,and search results windows are shown simultaneously o to reduce flipping between pages.A powerful search engine provides for simple or Boolean U searching.Please visit www.codepublishing.com/readme.html for examples. m Internet Hosting CPC offers many Internet hosting options,all of which are accessible from the CPC website and o "What seemed like an the municipality's website.All formats Include tables,graphics and maps,no need to link to overwhelming task at outside files.There are no licensing fees. n � the onset has turned out Online On-Demand — to be an enjoyable,and With online on-demand(OLOD)service,CPC posts Internet code supplements on demand as o enlightening experience for new ordinances are forwarded,reducing the dependence on paper copies and ensuring the — me. Of course I am talking online code is always current.This service Is particularly useful when ordinances are passed 10 E about the joint effort infrequently.It is available for no extra charge beyond the normal supplement rates. o between your company E and my office to recodify Printing,Production and Scanning CPC uses digital press technology for all production printing.Upon request,CPC provides the(city's(ordinances camera-ready copies or print image files in Portable Document Format(PDF).CPC's print w into our new handsome on-demand(POD)service means reprints and copies are delivered quickly,in any quantity. a 'Meadville Municipal Code: Electronic scanning provides CPC with quick access to ordinances and codes not in electronic a As you may well imagine, format,as well as sharp images of drawings and graphics. v 9 I was somewhat reluctant 0 to use a company that is Subscription Service and Archiving U located geographically so Copies of the code can be sent directly to outside subscribers at no charge to the municipality. far from Meadville,but that CPC retains older versions of the code for research and archival purposes.These can be provided E to the municipality upon request. s apprehension was soon n put to rest once the project Binders and Tab Dividers got underway and I began Binders and tab dividers are optional,and costs are separated to better accommodate each G interacting with you and municipality.View pictur es at www.mdepubli shing.comfpublishing.html under•Binders." yourstaff:" N Ronald L Rushton, W City Clerk ofMwdWlle,M lJ C W N i Code publishing.inc s 9410 Roosevelt Way NE 206.527.6831 www.codepublishing.com Seattle,WA98115-2844 8005512633 CPC@Codepublishing.com SERVICES Managing Your Municipal Code • Time Consistency and reliability Third party review • Skill Electronic expertise Solution-based problem solving N U U Weighing the benefits of professional codification versus"in-house"updates? w Time Asignificant portion of staff time maybe spent supplementing,formatting,proofreading,publishing, u and printing the code.How much is this time worth?The priority of a codifier is to keep the code up-to- date,allowing city staff to remain focused on other aspects of running the city.Generally,code editors U are able to review material and provide supplements more quickly than in-house staff. m .S .L Specialized work attempted in-house may not display the level of accuracy or quality desired. � Inconsistencies may be overlooked.A professional editor ensures that all appropriate material and The goal is an accurate legislation that impacts the code is incorporated.Editors uncover potential problems with cross- M and current municipal references,missing language,and conflicting provisions. QP code book.In-house i onsstent and Reliability updates consumes Consistency � significant amount In-house supplements may be placed on the back burner resulting in late or missing supplements. o of time and effort. Codifiers will send timely reminders to ensure the code is current.Professional editors create and E Often prompted by maintain consistent formatting ofthe code. `o budget concerns,the Electronic Expertise = end result may not The staff may not have the experience to create a convenient electronic form of the code that is quick be cost effective or and easyto use.Expensive training may be required.A searchable code created by a professional will t save a substantial amount of time when accessing information. consistent. a 3 Third Party Review n Thecodifier acts as an outside third partyto review the ordinances as awhole.Cities may losetrack o ofthe big picture if the drafting process islong and complicated.A cadifier only sees the end result, U so may catch inconsistencies overlooked by employees who get bogged down in the details of an ordinance.("you can't seethe forest for the trees.") y E Solution-based Problem Solving Acodifierworks with many different codes.This familiarity enables problem solving based on similar :3 circumstances with other jurisdictions. Q A modest amount of time spent researching options now will save a considerable amount of time and effort later.Decisions prepared with the broadest range of information usuallyyield N the most advantageous results. cc s W N M► �, Ccode publishing-inc __.__.___._--______�__. 9410 Roosevelt Way NE 206.527-6831 wwwcodepublishing.com Seattie,WA98115-2844 800.551.2633 cpc@codepublishing.com REFERENCES California • CityofAlfso Viejo CiryofCovina • City of Half Moon Bay City of Monterey www.cityofilisovieJo.com www.d.covma.a.us www.half-moon-bay.ca.us swwwrnont�re g g`rf o--.GI 4V - �. .____..-- • City ofAngels Camp CityofCudahy • Ciryo/Healdsburg City of Mt.Shasta wwwangelscamp.gov www.cudahy.ca.us www.cl.healdsburg.a.us wwwarm-shasm.ca.us m ._.__.._--___—_—_.._....._ ...._......._._.._._._._.._._.._—__ U • City o/Arcata CityolDinuba Ciryo/HUCUIes City of Newman 'Z www.cltyofarata.org .www.dinu a. wwci.herles. .us wvyonemrcum : y tGSIt W • Cityo/Be1lGOrdens CityafDorris Ciryo/Highland City of Newport Beach C ww w .beligardens.org www.buttevalleychambeccom www.d.highland,ca.us achca.gov 0 • City oleemcia Citya/Dublin Ciryo/HOltville City ofNorco wwwubemcia,ca. wwwci.dublinca.us www.ci,holtwlle.a.gov .ci norco.ca 5 ...__... ...---.............. --- - - --- -- -- ---..._ L2 • Cftyofeerkeley CityofElk Grove CltyofHughson • City of Oakley www.ci.berkeley.ca.us www.elkgrovedty.org www.hughson.org www.ci.oakley.ca.us p- _____ __ -___.__..._._....__-_._....___. __....._.___...................__.__....... .2 • Chyof Biggs -_-_---- ChyofEmeryville _-...---- CityofKerman • City of Pacific Grove www.biggs-ca.gov, w .d.emeryville.ca.us www.cityofkerman.net ".pai -gve.ca.us • Ciryo/eurbonk City ofEscalan Ciryo/La Nabre Heights City ofPalmdale � www.d.burbank,ca.us ve w.dtyofescalon.org www.cl.la-habri-helghts.a.us f I enrg m _. _ City o/Cal/mesa CiryafEma - - _-- CifyofLaguna Hills CfryofPalos Verdes Estates e mar/ www.dtyofalimesa.net etnacity @sisgtel.net www.ci.laguna-hills,a.us www.palosverdesxorn/PVE O ._._.-_.._.___ • Ckyof[alfstoga - • CftyofFairfield • CiryofLake Elsinore City of Patterson E www,co,alistoga,a,us wwwalpinecountya.gov, www.lake-elsinore.org www.d.patterson.a.us `p _.._-._.____.__.-...___.____.._. • ChyafCarmel-by-the•Sea • Cityof Folsom — • CityofLakeport Cftyaffietaluma m www.armelcalifornia.com folso r www.cityoflakeport.com a.net,. c -_..__.____ City of Corson Ci ty wwo.fgFoovrsruunnn a of CityofLarkspur Chyoffinsburg www.cl.arson,a.us www.cl.larkspura.us w .<ipittsburg caus tuna,com - n 3 • www.che rrito CftyofLfvermore Cvituci lease tHlll m City ofFOSter City v www.ci.<erritos.ca.us wwwci.11vermore.a.us www.ci.pleasant-hllLca.us D -4PX www.(ostercity.org U • City of Chula Vista CKyofFremont • Cityoflynsvood City ofPmvay " www.chulavksttegov www.lynwood.ca.us www.ci.powaya.us y YY www.fremont.gov City o/Cloverdale CKyof Gardena • CityofMarina City of Rancho Cordova www.cloverdale.nec www.ci.gardena.a.us www.d,madna.ca.us www.cityohanchocordova.org w • City of Clovis Gyayuo,fdGLyilproay i o • CiryofMarysville Ctyo/RioDef www.d.dovis.ca.us =....rysvill----s www.riodelkitycom • City ofCoranado CkyofGomoles • ❑ryofMenle Park City of San Carlos w www.coronado.ca.us www.menlopark.org Wwsv,cityofsancarlos.org V www.ci.gonzales.ca.us __-_.-___-___._.__-_. Z • CKyofCotati CRyofGreenfield . Ciryo/Millbme City o/Sonlocinto WW .CILCOtad.ca.us vnvw.ci.greenfield.ca.us vainvd.millbrae.ca.us www.ci.san-jacirlto.a.us w QZ w publishing.mc r 941ORoosevelt Way NE 206527.6631 w .codepublishing.com Seanle,WA96115-2844 600.5513633 cpc @codepublishing.com REFERENCES •California Ckyof San Juan Bautista • Town of Atherton wwwsim-juart-bautista.ca.us www.dathertonxams • —----------------- Chyof San Luis Obispo • Alpine Caunry w ispo.ca.us wwwalpinecountyca.gov • Ckyof Santa Clara . AmadDrCounty wwwd.santa-dara.m.us www.co.amadocca.us W .......... ------------ ----------- • City olSonto Clarito Calusocounty s2ta-dantaxom www.colusacountyclerkxom .1 0 • City of Santa Cruz Santa Cruz County zca,us www.co.santa-cruz.ca.US 0 U • City ofsousalito Tulare County www.dsausalltu.u.us www.co.tulare.ca.us ------------- • City ofSohmaBeach Dublin Son Ramon Services wwwdsolana-beachxa.us District www.dsrsdxorn • CifyofSonama M www.sonomacity.org . Hi-Desert WaterDistrict uD www,hdwd.com • City of South Gate E- • Sausalito-Morin CftySanitary .................. District is Cilyof South Lake labor —wW-vvTjPm Fq-rK-arrn-4IWt0-i- E �d.soutNake-tshc,e.caxs tary strct.com 0 . Twentimine Palms Water • City of St.Helena District www.sthelenacltyxom www.29palmswaterorg Cityof Turlock . ..................... www.cityofturlock.org • West County Wastewater District • C"of Vacaville www.wmd.org ---------------I...... www.cJtyofvacavIlle.com • Western Municipal Water 0 • Chyof WaIn"Creek District w .walnuvcreek.org wwwwmwdcocn E • City of Wasco • INC W.iimc.wm www.cj.wa5cq.ca,us City of Watsonville �,.(w,a, oovillexams • �kAc.......... Chyof Willows www.cityofwlllows.org U City of Winners .w.cityofvvinters.org Code publishing.inc 9410RooSeveItV/8yNE 206.527.6831 www.ccdepubfishlnqxom Seattle,WA98115-2844 800.5512633 cpc@codepubl,lriq com Packet Pg. 908 REFERENCES Code Publishing Customers • Alabama Alpine County CRy of HalfMOOn Bay City of Santa Clara City of Columbiana Amador County City of Healdsburg City of Santa Clarita City of Angels Camp City of Hercules City of Santa Cruz • Alaska TownofAtherton Hi-Desert Water District. Santa Cruz County Akiachak Native Community qty of Bell Gardens City of Highland City of Sausalito City ofAkutan City of Benicia City of Holtville Sausalito-Marin City y City of Barrow City of Berkeley City of Hughson Sanitary District N City of Bethel City of Biggs City of Kerman City of Solana Beach O Bristol Bay Borough City of Burbank City of La Habra Heights City of Sonoma 8 ClryofCralg City of Calimesa City of Laguna Hills City of South Gate '2 Denali Borough City of Calistoga City of take Elsinore City of South Lake Tahoe 0 City of Dillingham City of Carmel-by-the-Sea City of Lakeport City of St.Helena Fairbanks North Star Borough CityofCarson City of Larkspur City of Trinidad Haines Borough CityofCerritos City of Livermore Tulare County Kodiak Island Borough Gry of Chula Vista City of Lynwood City of Turlock Matanuska-Sushna Borough City of Cloverdale City of Marina 29 Palms Water District City of Nome City of Clovis City of Marysville City of Vacaville City of North Pole Colusa County City of Millbrae City ofWasco r- NorthwestArcticBorough City of Coronado City of Monterey West Counry Waste- o City of Palmer City of Covina City of Mt.Shasta water District City ofSaxman City of Cudahy City of Newman Western Municipal E City&Borough of Shka City of Dinuba City of Newport Beach Water District O City of Valdez City of Dorris City of Norco CtyofWillows City Boron hofWran ell City of Dublin City of Oakley ty 9 9 City of Winters E Dublin San Ramon Services Ciry of Pacific Grove r N • Arizona DistriR City of Palmdale COIOIacfO City of Goodyear City of Elk Grove City of Palos Verdes Estates City of Glendale it City of Kingman City of Emeryville City of Patterson Town of Granby City of Litchfield Park City of Escalon City of Petaluma qty of Grand Junction O TownofOro Valley City of Etna City of Pittsburg U City of Gunnison City of Phoenix City of Fairfield City of Pleasant Hill qty of Ouray y Pinal County Ciry of Folsom City of Point Arena E Town of Pine top-Lakeside City of Fortuna City of Poway Idaho m Town of5ahuarita City of Foster City City ofRancho Cordova City of Donnelly City of Sedona City of Fremont City of Rio Dell City of Lewiston Q Town of Taylor City of Galt Ciry of San Carlos City of Winslow City of Gardena City of San Jacinto Indiana w City of Gilroy City of San Juan Bautista City of Evansville v Z • California Ciry of Gonzales City of San Luis Obispo Town of Highland w Cl ry of AlisoViejo City of Greenfield City of San Pablo Vanderburgh County ¢ w code W n9 blishi irk _J 9410Raoseveit Way NE 206527.6837 www.codepubllshing.com Seattle,WA 98175-2844 800.551.2633 cpc@codepublishing.com REFERENCES Code Publishing Customers • Kansas City of Lincoln City Washington Cityofcovington City of Gardner City of Lyons Adams County Cowlitz County CltyofTopeka Marion County Ciry of Airway Heights City of Davenport City of Myrtle Creek City of Algona City of Deer Park d • Maryland City City ry of Newberg C of A50[In City of Des Moines U?I Takoma Park City of North Bend City of Auburn Douglas County 0 City of Philomath City of Bainbridge Island City of DuPont O • Massachusetts City of Pilot Rock City of Battle Ground City of East Wenatchee — Town ofNorthbor0ugh Town of Eatonville u Ury of Rainier Town of Beaux Arts Village _ • Montana City of Rogue River City of Bellevue City of Edgewood v Rogue Valley Sewer City of Blaine City of Edmonds Town of Scobey U Town of Wert Vellowrtone Services City of Bonney Lake City of Electric City o. CityofSllverton City of Bothell City of Ellensburg • New Mexico City of St.Helens City of Bremerton City ofElma � Ci of Brewster Town of Elmer City village of Cimarron City ofSuthedin City Town of Mesilla City of Veneta City of Bridgeport City of Entiat eD City of Rio Rancho CityofWest Unn City of Brier City of Enumclaw © Oregon City ofYoncalla City of Buckley City of Everett City of Burien City of Everson o City of Albany Pennsylvania City of Burlington City of Federal Way .@ City of Beaverton City of Meadville Town ofCarbonado City of Ferndale E City of Brookings Cascade Water Alliance City of Fife w City of Brownsville Utah City c C' of Cashmere City of Fircrest � City of Burns City of Centerfield City of Castle Rock City of Forks s City of Central Point City of Eagle Mountain Town ofCathlamet Town of Friday Harbor w City of Coos Bay Gunnison City City of Centralia City of Gig Harbor City of Comelius City of Helper City of Chehalis City of Goldendale d Town of Leeds City of Chelan City of Grand Coulee v City of Cottage Grove p City of Creswell TownofManila Chelan County City of Grandview V Crook County Town of Mayfield Clallam County City of Granite Falls c Midvale City Clark County City of Harrington 0 City of Dundee City Eagle Point Naples City City of Clarkston City ofHoqulam City of Riverton City of Clyde Hill Town of Hums Point �? City of Fairview City of Roosevelt CI ty of Colfax CI b of llwaco Q CltyofGaribaldi City of Springville Columbia County Town of Index City of Harrisburg City of Syracuse City of Colville City of Issaquah H City of Hubbard City of West Point Town of Concrete Jefferson County V Jefferson County City of Connell City of Kelso Z City of Junction City Virginia Town of Coulee Ciry City of Kenmore City of Lake Oswego City of Staunton Town of Coulee Dam City of Kent LL 6 "0.d publishing.inc j 9410 Roosevelt Way NE 206527.6831 wwmcodepubiishing.com SeaUle,WA98115Q8" 800551.2633 cpc®codepubiishina.mm Packet Pg. 910 REFERENCES Code Publishing Customers City of Kirkland City of Pateros City of University Place Kltsap County City of Port Orchard City of Walla Walla City of Kittitas City of Port Townsend Cltyofwapato City of La Center City of Poulsbo CityofWashougal y Town of La Conner City of Prosser Town of Waterville City of Lacey Qty of Puyallup City of Wenatchee N City of Lake Forest Park Puyallup Tribe City of West Richland City of Lake Stevens City of Rainier Cry of Westport o City of Leavenworth City of Raymond Whatcom County u Lewis County City of Redmond Town ofWlbur City of Longview City of Benton Town of Winthrop 0 U City of Lynnwood CityofRItzville City ofWoodlnvllle — CltyofMapleValley City of Rock island Town ofWoodway °- City of Marysville Town of Rosalie Clry ofVakima 'U� City of Medina City of Roslyn Yakima County m City of Mercer Island Town of Ruston Town of Yarrow Point M City of Mill Creek City ofSammamish City ofYelm � City of Milton San Juan County City of Zillah City ofMonme City ofSeaTac o City of Montesano City of Sedro-Woolley SCOn5/n _ to City of Brookfield City of Mount Vernon City of Sequim to City of Mountlake Terrace City of Shelton City of Manitowoc w City of Moxee City of Shoreline Village of Arena City of Mukilteo Skagit County City of Newcastle Town of Skykomish • Wyoming w City of Newport City ofSnoqualmle Town of Byron City of Normandy Park City of Soap Lake d City of North Bend City of South Bend m v City of Oak Harbor Town of South Cie Elum 0 U City of Ocean Shores City of Spokane Valley TownofOdessa City of Stanwood y City of Okanogan City of Sultan £ L Okanogan County City of Sumas City of Olympia City of Sumner Q CityofOmak City of Sunnyside CltyofOthello City ofTenino City of Pacific City ofTonasket w Pacific County CityofToppenish U Z PUD No.2 Pacific County TulalipTribes u, Cky of Palouse Town ofTwisp w w o: _ I ' Code publishing.inc 9410 Roosevelt Way NE 206527.6831 www.codepublishing.com Seattle,WA98115-2844 800551.2633 cpcbacodepublishinq.com PacketPg.911 9.A.e N d U d N 0 O .g u CITY OF SAN BERNARDINO RFP F-12-06 0 U Municipal Code Codification Services a E 'c M Proposal of: H 0 a 0 a` C publishing.com a a' d v 0 U Q a December 7, 2011 w t d E L U M a .Packet P9��12 ,' San Bernardino KFPF-l2-06 Municipal Code Codification Services Page 20fl6 ~- 1. |NT&()DU(T|(}N...........................,...................................................~~....~...............................3 N. PROJECT APPROACH........................................................ ............................................. ...........~...... .....3 A. REPURUCxlvON/REC0D|RCAT|0W...................................................................................................................u tStock ................. ....... ............................................................................. ........................ .................x 1 Page Format ............... .................................... .......................~ .......................................................3 3. Printing. . ..~-...~..~.........~~......~^ ~ ~~^^~~^^~~~^~~~~~~~~^~~'~^~4 4. Electronic Copy of Code onCD^6%)&� .......................................................................................-.........4 5. Incorporate Ordinances. .......--....~...~....~^~~~^^^. ^~^~-~~^^~^~^~~^^^^^~.* 8 Incorporate Map, Diagram, Chart, and Tables Pages. ..........................................................................4 7 Index and Tables- 8Corrections ..~...,....~.~...~..~.~.... ~~~~~._~~-.~.~.* 1 Materials - 5. Report. ......~.....~.. ....................~~.......~.. ~.....4 c B. SUPPLEMENT SERVICES................................................................ ..~~~~^~~ .~~~^~. ~'~.~...* *n C. ELECTRONIC PUBLISHING AND INTERNET SERVICES .......................................................................................4 1. Electronic Database and Robust Standard Features ................................ ..........................................5 . a Viewing Options ..................................................... .................~. ...................... ............. ........ n 5 b� p�odnA���v��/Op�n/u .~..~.............~..~. .~~~~~.~~~~'~~.~~..'~^. u Advanced Search Features. .~..~~~~......~ ....~~ ^~~~.~-^^,^~^',,~,~,~5 w <t Bookmarks for Sending Code Links via Social Network Distribution and Ernax� ............. ...............5 - o. Free oLibxaV/Nationwide ...~.....~.~...~.....~.~......~......~n % Requested Features for the Online San Bernardino Code .... ................................. .................. ....... / m. Viewing and Printing by Chapter 0ySection. ..~.~...,~~.~~.......~~.....^~~~,./ � b. Online Code Updating Service Options. We offer four svl/dono:.....................................................7 i Online On-Demand Service,a1No Extra Charge. ........................................................................ 7 � it. Link k)Ordinances Pending Codification. ....................................................................................7 iii. {)rdAked for Ordinances Pending Codification. ........... ................................................................T iv. CodeTrak for Recently Codified Ordinances. ..............................................................................8 3. Recommended Optional Additional Features to Modify Project Scope for Improvement.......................9 �Nm*� a Custom Banner with Tab Links .........................~ ......................................................... .................W /\ Custom Table Headers. ...............~...~...........~..~.....~^.~.~~....y u Online Code vnDYD. ........................... ............................... ................................................. ....... .O d. Proposed Bundled Package. ......~..~..~........~......~... .~~..^~. ^...~.y D. OTHER SERVICES - F.SALE OF THE CODE............................................... ............. .............................. .... 10 G. SCHEDULE FOR COMPLETION.......................................................................................................................10 H. TERMS............................................................................................. .. ..,....~......~...'......10 \. PROJECTED lDMELNES............................................................................ ......... ......................................... 11 |{U. QUALITY{}FPRODUCT/SAMPLES ............................ ................................... ........... ...........................i2 �� 8L QUALIFICATIONS AND EXPERIENCE ............................................................. ......................................12 \( TEAM QUALIFICATIONS............................................�°...........................................................................12 VI. REFERENCES .................................................................... ............... .....................................................12 uo lm|. FEE PROPOSAL-APPENDIX C..............................................................................................................13 \N|i AFFIDAVIT OF NON-COLLUSION-APPENDIX Q..................................................................................16 U(. CONSULTANT AGREEMENT-APPENDIX A ............................... .........................................................16 � X. APPENDIX D^~SAMPLE MUNICIPAL CODE...........................................................................................1G X1. SECTION It. -OTHER FORMS......................................................................... ................. .................18 ^^~. ~~ ~~ .. ~~~~~.~.~.°""".,'°.~°.~~.~~~~~~-~~^°./..'"°.,",. .^^.`~~,.~.~. . .^..� Code Publishing Company 206.527.6831/800.551.2033 9410 Roosevelt Way NE S88ft|8,&y\98116-2844 Norclet Pg. 913 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 3 of 16 I. Introduction: Code Publishing Company(CPC) is the largest codifier serving the West Coast, located in Seattle, Washington. We distinguish ourselves by delivering the most professional codification services in the industry with online codes that can match the look and functionality of your website. We serve over 100 California customers ranging from large cities and counties, such as Elk Grove, Chula Vista, and Santa Cruz County, to small townships and water districts. For over 22 years in over 21 states, our company has provided full codification, electronic web hosting, supplement production, and subscription services from coast-to-coast. a U Our largest customer is Phoenix, Arizona, which just switched to Code Publishing Company this year m because of excellent codification, state-of-the-art online code options, and our superior customer N service. Last year we codified over 100,000 pages of ordinances, maintained and updated hundreds o of codes on the Internet, and processed over 4,000 subscription services on time. We routinely codify over 500 pages of new ordinances per year for individual customers; yet we are not too large . so that we cannot tailor individual solutions to suit specific projects. We hereby accept all terms contained in the City's Request for Proposal. Pertinent narrative R commentary and product highlights are set forth below. A CD-ROM is also included that previews .2 our version of the online San Bernardino Code and selected features with Code Publishing Company as your codifier. 11. Project Approach: R Our approach to your project begins with understanding that your time is your most valuable o resource. Choosing Code Publishing Company means that you can depend on your project to be e done correctly and on schedule by professionals,with open communication with our staff, but with as a much or as little contact as you choose to have with us during the process. As our customer, you will be assigned to a single point person to assist you, but our editorial, legal, sales, I.T., and production teams will always be available to answer your questions. Personal conferences with our n staff are optional, but not required, saving you additional valuable resources. a' We believe in transparency for all costs associated with our services. Our pricing will be v clearly set forth without hidden fees. Optional services or additional work will be pre-approved by o you in advance. Switching out features or individual electronic services is your option at any time U during your contract with Code Publishing Company. At CPC,we are flexible to your changing a needs and cost saving options will be recommended periodically so that your service package will a .2 continue to best suit your specific requirements. w A. Republication/Recodification. Our philosophy is that a properly recodified code should last our customers the longest amount of time possible. We do not believe that codes should E automatically be recodidied every 10-15 years, so our products anticipate your City's growth and changing needs. Your code will be properly maintained with the highest level of professionalism in the industry so that you can concentrate on other priorities. 1. Stock. CPC recommends printing the code on both sides with 24 lb paper to reduce bulk. Recycled paper is available for the printed code for going "green." 2. Page Format. An edited,formatted, and proofed page sample of codified Ordinance 1351 in single-column Arial 12 point font is attached. Because CPC offers the most flexible options in the industry, we are providing two separate options which the City may wish to consider to reduce the bulk of the printed code, save costs, and allow for in-house printing of the online code directly off of the Internet. ........................................................................................................................................................................................... Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE www.00depublishing.com Seattle,WA 98115.2844 c c code ubli PacketPg. 914 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 4 of 16 Modified ScoaeRmnrovement: CPC Double-Column Printed Code Layout. The City may wish to consider using CPC's standard double-column format in 11 point Anal font forthe printed Municipal Code page layout, a sample of which is also attached. Since codification is charged on a per page basis, this is an economical option to consider. The double-column printed page layout maximizes text content and minimizes white space in the page layout, delivering savings in update costs by approximately 20%. The printed code will be less bulky, accommodating expansion. The printed code can easily be downloaded and printed from the Internet with our PDF Titles option shown below in C.1.b. The online code will be displayed in single-column Anal 12 point enlargeable type for easy viewing, but the cost savings and convenience of a smaller printed code d will be significant. 3. Printing. 5 copies will be supplied; all terms accepted. w 4. Electronic Copy of Code on CD-ROM. CPC produces code products in Word, RTF, N PDF, HTML, DOC, Folio, and any other format the City may require without requiring costly user `o licenses. Modified Scope/Improvement: Online Code on CD. We also offer an online code version - that functions without Internet access. CPC's Online Code on CD allows copying and printing of any o title, chapter, or section of the Code in MS Word; but it also performs with all the time-saving U features of its Internet counterpart, including hyperlinks, advanced search options, and viewable i maps/graphics. It is excellent for in-house copying and emergency operations preparedness. It E requires no user licenses. 5. Incorporate Ordinances. All terms accepted. 6. Incorporate Map, Diagram, Chart, and Tables Pages. Our features, including GIS maps, graphics, and PDF links from your Code, will work in both our standard online code and Wire less code versions. Maps, graphics, and features are formatted to fit any frame or code and will - shrink to accommodate your printer's formatting. If a map is too large to be printed in portrait, a w prompt will alert you to print in landscape. With our custom table headers feature, the header stays a locked as maps are scrolled. ° Modified ScopOmprovement: Graphics in Wireless Format. Our maps, charts, and a custom graphics also function on our Wireless version conveniently for small screen devices such as c Kindles, Androids, smartphones, Blackberries, Phones, and iPads. y 7. Index and Tables- 9. Corrections. All terms accepted. a. Code Analysis and Review (Legal Work) v 1. Materials - 5. Report. All terms accepted. Every ordinance and code provision will be U compared against state statutes, current relevant federal and state case laws for conflicts, a inconsistencies, pre-emptions, and other potential problems, such as vague or awkward language. Outdated fees will be organized in a fee schedule. Specific recommendations and findings will be iE provided in a written report for the use of and consideration by the City Attorney. w B. Supplement Services. All terms accepted. Printed supplements will be delivered to m maintain the printed San Bernardino Code on a quarterly schedule. They will be edited and proofed u within 2-5 weeks of your next scheduled supplement delivery date. PDF files of updates will be m included at no additional charge. Online code updates will be in as little as 3-5 days, depending upon which service the City chooses from the options listed below. C. Electronic Publishing and Internet Services. With Code Publishing Company as your codifier, you will receive personalized I.T. service with the most advanced electronic webhosting. Our I.T. department can easily create customized web solutions and products to suit your specifications. We can work with any type of form-based development code treatment,whether it is set up in Adobe In-Design, HTML, PDF or MS Word,with options to suit any budget. Your code will ................................................................................................................................................................................................ Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE www.codei)ublishing.com Seattle,WA 98115-2844 c c code ublis Packet Pg. 915 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 5 of 16 be maintained for compatibility with the latest technology and as new innovations are available, we will offer them to you as our customer. 1. Electronic Database and Robust Standard Features. We will begin the project by creating an electronic database for the recodified Code in HTML. The Code will then be setup to navigate quickly, with the fewest possible keystrokes, faster loading pages, and without empty"dead end" pages. Currency information and links to the City's website will be displayed at the bottom of every page. Code section numbers will be hyperlinked in the digests at the beginning of each chapter and when cited in the online code. The code will be available for your approval before it is online for the public. A URL address will then be provided to the City with which to link the Code into your website. a. Viewing Options. Our print feature allows just the document's text—not your web m screen—to be printed. The font size is enlargeable and the Table of Contents collapsible to ur maximize viewing. o b. Printing/Saving Options. We offer several options. Your code is fully printable from any browser, whether using Internet Explorer, Firefox, or Safari. Our"Print"feature will print w just the text of the code as it is displayed online, without showing the tool bar, header, or webpage o features. With our"Save/Print Selections," you may save and print any section, chapter, or title in RTF (MS Word) RTF, PDF, or TXT. Your professional-looking online code copy will display the a section number, online code currency information, and contact information for the City. An example Z; of a RTF section that we downloaded from codified Ord. 1351 is attached. The feature is linked above and shown on the next page. Modified Scope/Possible Improvement.,PDF Titles: CPC offers the option to print from the printed code version directly from the Internet with our"PDF Titles"feature. The printed code version will be paginated and ruled for two-sided printed code copy pages; the most recently updated version can be viewed, downloaded, and copied from the Internet conveniently 2417 from the"View the printed code as a PDF" link at the top of the page, a c. Advanced Search Features. The Code will be fully searchable with the most robust electronic features available. Simple or advanced searches, using Boolean or other criteria, may be conducted at your option. You may save your search results, which are ranked by E relevancy, to"My Searches." CPC's search results are not removed at the end of your user session; m you may save them as long as you like. We can even set up searchable PDFs for you. a Modified Scope/Possible Improvement: Scope Searching: With multiple code a' volumes, customers such as Phoenix, AZ, and Grand Junction, CO prefer our optional"Scope 0 Searching"feature. Conveniently search the charter, municipal code, and/or development code at U the same time or separately with our simple or advanced search features. d. Bookmarks for Sending Code Links via Social Network Distribution and a Email. Our Bookmarks function is smarter. It lets you email a code link and note, or"SHARE" a link x via Facebook,Twitter,for distribution over social networking sites. Working with a clipboard in w Windows is not required, but is optional, making it the easiest way to send code links with a personal W email message at the same time, whether by a smartphone or from a desktop,without opening N Outlook, Gmail, or your browser. Our Bookmark/SHARE function is located at the top of each code u frame and is shown on the next page. x Modified Scope/Possib le Improvement. We also offer SHARE at the individual C section level. It allows the user to SHARE an individual section, chapter, or title conveniently in the same fashion. It is shown here with our custom banner for quick navigation and links to the City's website. Bookmarks/Share will open as shown,whether SHARE is selected at the section level or just Bookmarks: ................................................................................................................................................. Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codepublishino.com Seattle,WA 98115-2844 c c code ubli h �{� San Bernardino RFP F-12-06 Municipal Code Codification Services Page 6 of 16 file 10 VIM Hi¢ory Jagonarks Tools Help 7—_ soft&madma Municipal Code Lt E 9 0� codepubl�mg rnm ca sanbernad ne%f - } Beds Reload Home Fireb ug . an" Bernardino N $11 M c1lifomm 2 O 2 d N Home c O �' 1537010 PurpOH. 'O SHRRF 2 BI.OWBC s *-f`.�� � + The cnme-Free Rental Housing DrOgram Is a part mine city w son Bemarlgno'6 Events enon to reduce cnme in mum-family rental pmpenles as defined O • rnmdess Version herein Owners of any muai-family rental properly will be required to maintain these U ands in accordance An all applicable laws.(Ord.MC-1351.060611) m �.. Go,he Plus(t)a AvAEa -)smddz m I a errand or arena,the.Dies. Itp'' 163]020 APPIicabli O Print Save Selections The provisions of this Chapter shall apply to eookman fl Share k E pm 3 smaa :.. ra/prlae Ud tlx dwdbpvesmdacx uie,eans I a,Pmk Oa dpn, adq Link: and Cur me to copy) Qraoeback (Delicious M 0 wall Attp://wx.coaepubivaing• -3 Goggle le TwOar ud Hoe(MaOeR ) V'.. ® /xaanDeavwdaael5/aaulleavaYly r- The Q Nore...(330) Hen l Dear d "1..7 pr con Bookmark link y O -p Tic i5suangissAWcciwrgU cv 7 pron GZ -p ORpar15.27DulE . RBItAL 4 codes adopted by reference In mils Cocks.(Ord.MC-1351,060611) 0 xn lrnrwrrnua a.0155>010wapose. 16$7.000 Dlnnhlens. D SHARE nA •p 15.27.020 Appkabin For the purpose of this Chapter,unless otherinSe apparent from C .p u.ix.09l Defeaovn. High,context,contain words and phraoeo used in this Chapter shall have me N .p 15.27mscope. meanings hereinafter designated The denrxtions In this Chapter are Included for .p 55.27.Get a1aSI reference purposes only and are not intended to narrow the Scope of definitions set O fm It,In redtn at u state laws m IaguldlIWIS VILRUS used In 1105 CIRrpen al ux a .❑is.n.Wl LmdadCatikaaan. singular may include the plural and the plontl may include the singular.Use of the .❑uaZaAggeeda,reeu masculine shall also mean feminine and neuter. O U .p 1157.010MMScoflmpecaon. A. "Appllcable laws"means the Cltys Municipal Code,the California Fire Code,the Q .pts n.ow-uton, California Building Code,the Unnorm Housing Code.UnttOrm Code forthe Abatement .❑u.uaw He-mspecpas. _ or Dangerous Buudings and any Margin or regulations Traing tome neanh or a .p 15.1x.110 AA toaare safety of City residents or fie general public,as adopted by the City K txaamu. W .p 15.27.12)Appeal. 9. -CAy'means the City m San Bernardino. .❑15azts0 coirybnt9awd C. 'D'uector-means the Director of community Development of the City of San E Qg Rnnnn,nno or his/her dcaignce, L U N Q e. Free eLibrary Nationwide Searching. Code Publishing also offers multiple code searching at no additional charge from our eLibrary for searching individual states'codes or nationwide. This is another standard service we provide that does not require a license. No startup fees or use charges are imposed. ....................................................................................................................................................................................... Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE vrwnw.codeoublishina com Seattle,WA 98115-2844 ccpc code ubli Packet Pg.917 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 7 of 16 2. Requested Features for the Online San Bernardino Code. a. Viewing and Printing by Chapter or Section. Our PrinttSave Selections has been upgraded to offer the most complete variety of choices for any online code user and is included in our annual services. You may choose to print an individual section, chapter, or a whole code title; save it as a PDF document without Adobe software; or save and print your selection in RTF MS Word, MOBI for Kindle, ePUB for iPadlNook, HTML, or in plain text. No licenses are required for this service. b. Online Code Updating Service Options. We offer four solutions: I. Online On-Demand Service, at No Extra Charge. CPC offers the City the d option of receiving more frequent updates to the online code for the standard per page online code 2 update cost. With our Online On-Demand update service, new ordinances are actually codified into the online code within 3-5 days of the date they take legal effect. There is no per ordinance posting fee, annual charge, or setup fee. OLOD functions in our Wireless version of the online code,too,for o small screens. v ii. Link to Ordinances Pending Codification. We also offer the economical _ option of creating a link in the online code to"Ordinances Pending Codification." The ordinances o would be hosted and maintained by the City in a list on its website, but would be linked to the online code hosted at CPC. There is a flat one-time setup charge of$75 for this service. The City of a Phoenix chose this feature with our no extra charge Online On-Demand update service for their c regular and Wireless code versions: Ordinances Pending Codification in Wireless. It is shown on the left of their webpage here. This customer also has PDF title links,scope searching, a custom banner,Wireless format, and other custom features, such as the"compile chapter" custom feature, which are shown here: R •' ] WggNipmn. Mepy x. '�' I wRii• M1YM .. ..a a ...- — rr, wwn trams nm,•c nwo: _ .o.. vn«nay.o-a+ommm,r«roc O Oo a ronm.a LLJ .o�E.«•.yi a -c4cr L E Q iii. OrdAlert for Ordinances Pending Codification. CPC's OrdAlert service © alerts users to code sections, chapters, and titles that have been affected by new ordinances which ..................................................._,................,.............................................................. ........................... Code Publishing Company 206.527.68311800 551.2633 9410 Roosevelt Way NE www code_p bushing com Seattle,WA 98115-2844 c c code ublic c code PacketPg.918 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 8 of 16 have not yet been codrfed. The yellow alert is displayed with the ordinance number, hyperlinked to a PDF of the new ordinance at each affected Title, Chapter, and Section. Following codification,the PDFs and alerts are removed from the online code. A link to pending uncodified ordinances is also accessible at the top of the Ordinance Table; a complete listing is found toward the bottom of the Table and each referenced ordinance is hyperlinked in PDF. This feature is available for$200/year + $25 for each posted ordinance. It functions in our Wireless version of the online code, too. It is shown below for Santa Cruz County in its code's current form, which we are currently recodifying for this customer. v ®IIIIIII�11 ur c 0 ..._. �.m..—.... _ ..sue._ _ _......_.__ `° iv. CodeTrak for Recently Codified Ordinances. CPC also offers CodeTrak, o \„p which flags code sections that have recently been "Revised"by newly codified online ordinances. o° CodeTrak functions in our Wireless CodeTrak version of the online code, too. Alerts are removed a` when the printed code version is updated. The date that the section was changed may be displayed in the link at no additional charge, as linked below and shown here with our CodeTips pop-up s preview box for code articles: a .% LAKE 0 OSWEGO Q t - — — w _.. c E .nom......,,,,.. _ .......................................................«u«un......................................................................... Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE www.codepublishino.com Seattle,WA 981152844 c c code ubli o! I San Bernardino RFP F-12-06 Municipal Code Codification Services Page 9 of 16 3. Recommended Optional Additional Features to Modify Project Scope for Improvement. a. Custom Banner with Tab Links. This convenient, time-saving product is a one- time setup cost of$250. Examples of custom banners maybe found at many California cities' codes in our e-library. The codes of Elk Grove, Aliso Vieio, Fremont, Berkeley,and Menlo Park highlight a few of our many California customers with custom banners. b. Custom Table Headers. Our custom table headers lock for viewing while the online Code is navigated and our custom tables function in our wireless format, so that any size table may be incorporated easily into the online Code and viewed. c. Online Code on DVD. Provides an updated copy of the Internet version of the 9 online Code on DVD each time the Code is updated. City officials,emergency operations center commanders, police officers, Code enforcers, and anyone who is offsite or without Internet access m will find this service indispensable. `o d. Proposed Bundled Package. Basic webhosting is economical, as is the enhanced services webhosting bundle package, which we recommend with a choice of three (3) 2 popular features: $ •Wireless Format. CPC's Wireless feature opens in an easily navigable, U visible frameless version that is both ADA compliance and optimized for Androids, Blackberries, a iPhones, iPads, Kindles, Nooks, and Smartphones. PDFs, links, and maps open quickly, whether your browser is using Explorer, Firefox, or Safari; our graphics also display on your small screen device in our Wireless format. Its easily-viewed format automatically opens on the devices listed above in a single-column without the Table of Contents on the left. The hyperlinks to code sections also function in this format: 0 w 0 cfupbr rsn a CAIM£-iAE£AEMCL XOUNNG➢AOGRPM � ' 3MMn: L ]i.^..4IG Prime. ,A ]5:,.95 /,ppkJpxy. ss�.9n onmpa.v. a s'r°p szve. � ss Z.aA ueena rcrlPClav a 0 ,s^em ew2amsva. p ]53.� vamaa. U 1E:11iA fk-rwzraro. sszu9 /bmpw,rKCr�.w. Q 1L215 npxvn. Sst?tw e,x-e,.x-P.pNwk.,x. ]Sr]SSl E+EwerteT.—VSSMi. L ]§A yen weaCks. W ]:wT.1.0 bmwlC:,. ummsrwmep. c meamks,p Aexel�»a v pem n N maa,earnv+waanaaamll e,vneers elm.n n.wnmx,mol y vprk.p pnl,ep mem .m.v m,vromu.w.v.wvr.wm pe,eo-wkpb mnnam akve,mubwcaaeae w,n,p E wvNavk Iss..tx.w+;s+.vcosn� L rsvam�pp�lwpnp. U '-le lalebn0l:Na GUibsvN wPP4bl11m,CWMY/FLI�,p MY1mLLM4%p,vNn.wCl,k,:b CC/.TINCNPM � wp 9 Prt pemUn o'+MIpM N,NpNmN/,cMIN�hb:Tppi MCl:Cpq bl f4.11mTREbyely aN,lky/S. Q b-R:ePm.pctipae Y.m,kap.wf wNb. TM yNNW p1'ALLCMpffipRNeppk,MO<iM'Smp4(b OMtlpW15bM NNN C•M lb NppllPwkNW.WYiMpa roil® m/Le xEV YmtplpSli4Matze GynwbN nJlpnm abwp[elV Tilsua NwPPUp4 Yw :•x:xwmsime.npapniwwaaa otannsmrpes w»Oad pY meena b pp CpON.!Cp.Wr3H,osas-rn , CPC has customers with completely paperless codes for this reason. With CPC, all features are viewable on Wireless and you can conveniently print your code from our Wireless version in RTF, PDF, TXT or other choices, and will bet set-up for the City with CPC's services. ................................................................................................................................................................................................ Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codepublishing.com Seattle,WA 98115-2844 c c code ubli PacketPg.920` San Bernardino RFP F-12-06 Municipal Code Codification Services (� Page 10 of 16 v ri EUt 6RWE MONRCIDPL CODE UnxCif a'e cxr:�n'i rrt.`ove••�.•,o.aNrn TI I axc rnnrxnr s.�ni.. REYEN�JE AQ TANWN cnp.n: yg a mwwmnri.. __ 111 RaY PrcpMTnmrr,n iy1 N amnvuhiaN e,IX.N 1 kneYiv _ _ 11E CemmWM1l.c4tlea Paton Xe.]PoYI SUOYT�u y1{ ctmmu:nyia WY]YpYY, i+t cx..mwryi..a:..a N.m wmet,wYx,.. _ ---� 10 Wgaum ,4MMpb Mf lbaamrbFnlNeLFM !n 7vvvwansaa _ ,rvwww..ein+,+s.ro.w,an_w_r_mxav+rs___ o .v:.n.urvumw _.__. xsm�I Vrirr.n lLtll ,raa�.maa,a.�,er, ti.wr elmmoe....aunpY[n ams LLaa� urpAro.nm. U w.— ._ p m •PDF Title Links: View, save and print from he most recently updated version of the printed Code via PDF at each title in the online Code. Also works with our Wireless PDF format. •SHARE: SHARE allows you to send links to individual code sections, chapters and titles instantly via email with a personal note or using social networking such as Twitter for larger distribution, most conveniently on your small screen device. • Links to State Code Citations: Provides instant access to the California y Code citations through hypedinks, saving countless research hours for attorneys, police officers,and c code enforcers. a` •Other optional features: A complete list of our electronic options is attached to this RFP. Custom options are available. N D. Other Services - F. Sale of the Code. All terms accepted. CPC will reprint additional code copies and manage all the City's subscription demands upon request for internal and outside a subscribers. Both electronic and printed code copy versions are available. Since our staff are all o conveniently located in our Seattle,WA office, we are on-site and available to respond to your 0 requests 7:00 a.m. to 6:00 p.m., M-F, Pacific Time. G a G. Schedule for Completion. CPC recodifies and republishes codes in less than 9 months x from receipt of the signed contract and materials, delivering the legal review in 3 months and the first w code proof in less than 4 months from the start date. Our IT, editorial, legal, and printing teams will work carefully to prepare and deliver to you a professional product at every phase of completion. E U U H. Terms. All accepted. Services may be adjusted at any point during the contract. We request 25%of the project cost at the beginning of the project, 25% after the first proof/legal review a have been delivered to the City, and the balance upon Internet setup. Thereafter, supplementation to the printed and online codes will be invoiced upon service delivery, payable within thirty(30)days thereafter. .............................................................................................................................................................................................. Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codedublishina.com Seattle,WA 98115-2644 circtibcodepubhbinn Packet Pg.921 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 11 of 16 I. Projected Timelines. Recodification and Republishing Milestones for the San Bernardino Code Timelines Delivery Signed contract,initial down payment,electronic files of code, up-to-date print Two weeks 216/12 volume,and new materials are received from City. from award Files converted from City to company's publishing system. Code and new a ordinances analyzed,organized,numbered,edited, indexed,and proofed. Legal 3 months 6/6/12 v report delivered to customer. Z in Print volume page and formatting styles identified. Style sheet sent to City for 4 months 6/6112 c approval. Code proof prepared by editorial team and delivered to customer. °- U Customer reviews legal report and proof,confers with teams,and any changes or 4th—7th 616-9/6/12 revisions to content by customer are incorporated. month o U Publishing files are converted to HTML for Internet hosting by web team. City- 7th—9th 9/6—11/6112 a provided graphic files,colors,etc.,for custom banner are incorporated. HTML files month 'v are uploaded and proofed on company's internal server. Additional electronic c features selected by customer are set up. HTML files are uploaded to company's 2 public server for code testing by City. Adjustments,if any,are made. URL link is emailed to City to link to Citt/s website from company's server. Printed code copies are printed, bound,and delivered to customer. Online code is 7th—9th 916—11/6112 completed and officially online for the public. month o 0 Electronic and Printed Supplement Updates for the San Bernardino Code Timelines/Delivery a rn c L N City uploads electronic files(in both word processing format and scanned PDF of One day a new original signed ordinances)to company's unique upload page created for City. a Receipt is confirmed to the City by email. New project is created in company's v database for City. p U With OrdAlert service,PDFs of signed original ordinances are posted with Same day Q corresponding alerts to sections pending changes. n L With Online OnDemand update service,new ordinances are edited,proofed,and Within 3 to 5 days of the w codfied and posted into the online code, legally effective date v Editorial updates for printed code prepared, including subject matter index, 2—5 weeks E L proofing,history notes,cross-reference work. J m City receives,reviews,and returns proof to CPC for publishing. Up to 1 week before C publication Corrections made as indicated on proof copy;printing and delivery of print 4 days from receipt supplement to City. L, ................................................................................................................................................................................................ Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codepublishing.com Seattle,WA 98115-2844 c c. code ubli it San Bernardino RFP F-12-06 Municipal Code Codification Services Page 12 of 16 Ill. Quality of Product/Samples. Samples of Ordinance 1351 have been edited, proofed, and codified. It is provided in Anal 12 point font and on CD-ROM. A"Save in RTF"Word version of a page from the online Code is also provided. A 2-column Arial 11 point standard CPC page style for the printed Code layout is also attached. Other services are available should the City request an in- person product demonstration. IV. Qualifications and Experience. Please see our company's information packet, attached. V. Team Qualifications. Please see our Summary of Professional Experience, attached. VI. References. Five customer references are below: n Customer Contact Services City of Ms. Debbie Lauer, Internet hosting, supplementation in print u Phoenix, AZ City Attorney's Office and online, custom services, OLOD a Pop. 1.4 200 West Washington St., 3n° Fir. updates, 2010, all milestones and i0 million Phoenix, AZ 85003 deliverables met on time. E Debbie.lauerna.phoenix.aov 602-495-3688 U c City of Aliso Ms. Susan Ramos, MBA, MMC Initial codification and publishing, Internet Viejo, CA City Clerk hosting, supplementation in print and Pop.40,000 12 Journey, Suite 100 online, 2010, all milestones and Also Viejo, CA 92656 deliverables met on time. sramos(o)citvofalisovieio.com R 949-425-2506 0 City of Elk Mr. Jason Lindgren, Initial codification and publishing, Internet c Grove, CA Asst. City Clerk hosting, supplementation in print and a` Pop. 153,000 8380 Laguna Palms Way, online, 2009, all milestones and Ste. 200 deliverables met on time. t Elk Grove, CA 95758 y ilindgrenAelkgrovecitv.ora a 916-478-2286 City of Ms. Susan Gauthier, Reformatting and republication, Internet o Fremont, CA Deputy City Clerk hosting, supplementation in print and V Pop. 214,000 3300 Capital Avenue online, custom services, since 2009, all a Fremont, CA 94538 milestones and deliverables met on time. a scauthier(a)fremont.00v x 510-284-4076 w City of Ms. Becky Smith, Reformatting and republication, Internet d Palmdale, City Clerk hosting, print and online supplement E CA 38300 Sierra Highway service since 2005, all milestones and m Pop. 152,000 Palmdale, CA 93550 deliverables met on time. a bsm ith(a)citvofpalmdate.oro 661-267-5151 ................................................................................................................................................................................................ Code Publishing Company 206.527.66311800.551.2633 9410 Roosevelt Way NE www,codei)ublishinc.com Seattle,WA 98115-2844 cocAcodepublishinn Packet Pg. 923 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 13 of 16 VII. Fee Proposal -Appendix C. Appendix C QUOTATION SHEET-REPUBLICATION/RECODIFICATION Estimated Pages: 1,381 pages,single column, 12 pt. font Company Name: Code Publishing Company REPUBLICATION/RECODIFICATION COST: w Charge per printed page, one-column page style(5 copies) Flat rate..............................$18.000 Additional charge for supplement pages at time of republication .....................................$ 10 2 0 Extra charge per page for map,diagram,chart,table pages est. 75 $ 15($1,125) rn Copy of Code on CD-ROM in MS Word ............................................................................$50 0� U Legal opinions, linked table, links from charter..................................................................$75 set up w a FUTURE SUPPLEMENT COST: o U Supplement charge per page existing format*(includes electronic updates)....................$19' a Extra charge per page for map,diagram,chart,table pages .................$15 0 c Copy on CD-ROM after each supplement MS Word and PDF ............$65 CODE ANALYSIS&LEGAL REVIEW ..............................................................................$3.500 n ELECTRONIC PUBLISHING AND INTERNET SERVICES: Creation of searchable database and initial set-up ...........................................................$included N Internet Annual Hosting/Maintenance Fee(basic service or bundled—)...........................$475 or$600 a 0 Copy an CD-ROM Online version in HTML($250 set up),future cost .................$250 annually a rn or Folio Views InfoBase($250 set up),future cost .................$0.95 Per Dace c s Custom Web Banner with interactive tab links to City's Webpage ...................................$ 250 9 Wireless Code Version set-up(or included in bundled package) .....................................$ 150 a Custom Table Headers set-up...........................................................................................$ 195 v 0 ONLINE CODE UPDATE SERVICE: v Monthly updating charge ...................................................................................................$none G a Charge per ordinance(OrdAlert service)(maximum annual$300)...................................$20/ordinance x Online On-Demand 3-5 Day Update Service.....................................................................$ Included w ADDITIONAL SERVICES: E Binders(5 copies;3-inch D-ring,custom foil stamping)t ................................................$325 U Tab divider pages(5 sets).................................................................................................$325 G Reprints charge per impression ........................................................................................$0.10 Binders for title reprints(zoning,2-inch angle D, minimum 12 @$56)tt........................$672 Prices are valid through January 31,2015(three years). `A 2-column layout reduces the size of the code by 20%;supplement rates increase to$21.45 per page, but 20 fewer pages are revised,reducing annual supplement costs. The online code is still in the one-column format. "Please see our cast sheets for other options and bundle packages. tOther binder options available:2-volume set(expandable post or D-ring). ttWe recommend a pamphlet style binding for smaller titles. v ..............................................-................................................................................................................................................ Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE www.codeoublishing.00m Seattle,WA 98115-2844 c c code ubli 9:A.e San Bernardino RFP F-12-06 Municipal Code Codification Services Page 14 of 16 Appendix C MODIFIED WORK SCOPE QUOTATION SHEET- CODE MAINTENANCE Estimated Pages: 1,381 pages, single column, 12 pt. font Company Name: Code Publishing Company ELECTRONIC PUBLISHING AND INTERNET SERVICES: N Creation of searchable database and initial set-up($1.95 x 1,381 pages) ......................$2.692 Internet Annual Hosting/Maintenance Fee(basic service or bundled")...........................$475 or$600 N Copy on CD-ROM Online version in HTML($250 set up),future cost .................$250 annually o orin MS Word..........................................................................$50 each m u or Folio Views InfoBase($250 set up),future cost .................$0.95 per page Custom Web Banner with interactive tab links to City's Webpage ...................................$ 250 u Wireless Code Version set-up(or included in bundled package) .....................................$ 150 5- Custom Table Headers set-up $ 195 .2 ONLINE CODE UPDATE SERVICE: Monthlyupdating charge ...................................................................................................$ none Charge per ordinance(OrdAlert service)(maximum annual$300)...................................$20/ordinance w 0 Online On-Demand 3-5 Day Update Service.....................................................................$ Included o a` m FUTURE SUPPLEMENT COST: c L Codification of new ordinances, update of ordinance table ..............................................$1,100 a Supplement charge per page existing format"(includes electronic updates)....................$19' a Extra charge per page for map,diagram,chart,table pages ...........................................$ 15 0 Copy on CD-ROM after each supplement(MS Word and PDF) ......................................$65 Q CODE ANALYSIS&LEGAL REVIEW ..............................................................................$3,500 L W u ADDITIONAL SERVICES: c Binders(5 copies; 3-inch D-ring,custom foil stamping)t ................................................$325 v E Tab divider 5 es a sets s P 9 ( ).................................................................................................$325 � Reprints charge per impression ........................................................................................$0.10 a Binders for title reprints(zoning,2-inch angle D, minimum 12 r@$56)tt........................$672 Prices are valid through January 31,2015(three years). •A 2-column layout reduces the size of the code by 20%;supplement rates increase to$21.45 per page,but 20% fewer pages are revised,reducing annual supplement costs. The online code is still in the one-column format. "Please see our cost sheets for other options and bundle packages. tOther binder options available:2-volume set(expandable post or D-ring). ttWe recommend a pamphlet style binding for smaller titles. .................................................................................................................................................................................................. Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE www.codepublishing com Seattle,WA 98115-2844 c c code ubli Packet Pg. 925 Son Bernardino RFP F-12-06 Municipal Code Codification Services Page 14 of 14 VIII. Affidavit of Non-collusion-Appendix B. -signed and attached. IX. Consultant Agreement-Appendix A. CPC does not use consultants, agrees to all terms contained in the RFP without exception, and is prepared to execute the contract with the City accordingly. N X. Appendix C- Cost Quotation. -p. 13 above. XI. Appendix D -Sample Municipal Code-paper copies attached; CD-ROM included. N c XII. Section II. -Other Forms(Question Sheet from p. 31 -33 RFP, signed and attached.) o- U -- Insurance Certificate designating City as a named insured-to be obtained and delivered by contractor prior to commencement of project. tj -- Business License-to be obtained by contractor prior to commencement of A project. 2- -- Subcontractor's List-none designated; CPC assumes the obligation to 9 c provide all deliverables; signed form attached. Thank you for requesting Code Publishing Company to bid on this important project Respectfully, @ N O Q O a` CODE PUBLISHING COMPANY sn c L N Y:, MARGARET O. BUSTION, President v 9410 Roosevelt Way NE o U Seattle,WA 88115 C 206-527-6831; 800-551-2633 www,codeoublishing.com r x w c E E L U R Q ..............................-.............._........-............-............................-.................._.......................................-.............................................. Code Publishing Company 206.521.6831/8005SI.2633 94101iwienit Way Nf w codepublishine.com Seattle,WA 981152844 cK(cDcodepublishinc mm ___ _ Packet Pg. 926 9:A.e Appendix B N Affidavit of Non-Collusion d N To be Executed by the Submitter of this RFP o U IN ACCORDANCE WITH THIS REQUEST FOR QUALIFICATION, I CERTIFY THAT OUR a BUSINESS: O U t. Does not and will not have a financial interest in any business, property or source m a of income, which could be financially affected or otherwise conflict in any manner 2 'c with the performance of services under this Request for Proposal(RFP); 2. Has not, directly or indirectly, entered Into any agreement, participated in any e collusion, or otherwise taken any action In restraint of tree, competitive bidding in v connection with this RFP;and N O 3. Is not currently suspended or debarred from doing business with any government o entity. 0. m c I affirm that the above is true and correct to the best of my knowledge under penalty of t N perjury under the laws of the State of California. a v v 0 U Q 12/7/2011 r Signature of Authorized Representative Date x W c w Margaret O. Buation, President Code Publishing Company E Name and True of Authorized Representative Business Name m Q 9410 Roosevelt Way NE, Seattle, WA 98115 mbustion®codepublishing.com Mailing Address Email Address _ PackefP9.927°r RFP F-1246 Municipal Code Codification Services Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? _Yes / o (circle one). If you answered "Yes', please provide detail of said additional costs: N d U Please indicate any elements of the Proposal Specifications that cannot be met m by your firm. None w C 0 u Have you included in your proposal all informational items and forms as 0 requested? es N (circle one). If you answered 'No", please explain: U AL U C This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. m Ul Cash discount allowable o % days; unless otherwise stated, payment °o terms are: Net thirty (30) days. ° a In signing this proposal, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. w a From time to time, the City may issue one or more addenda to this RFP. Below, a please indicate all Addenda to this RFP received by your firm, and the date said Addenda wastwere received. o U a Verification of Addenda Received a L Addenda No: 1 Received on: 11/1'1/2011 w Addenda No: 27 Received on:11/28/2011 Addenda No: 3 Received on: 11/29/2011 E L FIRM NAME: Code RublishinS Company ADDRESS: 9410 Roosevelt Way NE Q Ccatt•lP wn 965 Phone: 800-551-2633 /11 206-527-6831 Email: mbustion@codepublishina.com Fax: 206-527-a411 Authorized Signature: 31 packet Pg.928 RFP F-12-06 Municipal Code Codification Services SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one- half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one rn subcontractor for the same portion of work to be performed under the contract in 0 excess of one-half of one percent, he agrees that he is fully qualified to perform % that portion himself and that he shall perform that portion himself c a 0 U DIVISION OF NAME OF FIRM OR LOCATION a WORK OR CONTRACTOR CITY v TRADE No subcontractors used e m 0 O d O a` rn c t N a Margaret O. Suation " 0. Print Name Signature of Bidder o 0 Q Company Name: code Publishing company " a t Address: 9410 Roosevelt Way NE, Seattle, WA 98115 w c E E r U REJECTION OF BIDS ;? The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 33 Packet Pg.929,`.