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HomeMy WebLinkAbout08.A- City Manager RESOLUTION (ID # 1549) DOC ID: 1549 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Charles McNeely M/CC Meeting Date: 02/06/2012 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: The cost for a three year contract will range from $28,550 to $30,645. Pricing may increase or decrease depending on the electronic service options selected by the City and the actual number of pages recodified and ordinances added during the process. Services may be adjusted at any point during the contract. The cost of codification services is within the $40,000 amount budgeted for updating the Municipal Code. In the first year, the initial cost of recodification and republication, code analysis and review, Q printing, electronic publishing, and internet services provided by the recommended codifier will range from $23,800 to $24,695. An initial down payment of 25 percent is due at the beginning of the project. Once the first proof and legal review has been delivered to the City another 25 percent of the cost is due. The remaining 50 percent balance is due once the internet is setup. The cost of ongoing supplement and electronic publishing services in the second and third year will range from $2,375 to $2,975 depending on the number of supplement pages. The cost of supplement services will be invoiced upon service delivery and would be payable within thirty days. Account: 001-090-5502-0000-0053 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. Motion: Adopt Resolution. Synopsis of Previous Council Action: November 7, 2011- Mayor and Common Council authorized the issuance of a Request for Proposal for Municipal Code Codification Services. Updated: 2/1/2012 by Mayra Ochiqui A Packet Pg.360 1549 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 including ongoing supplement and publishing services. The City received proposals from four professional codification companies. These proposals went through a selection process which consisted of two phases. The first phase included a review of the all written proposals. The proposals were given scores in the four following categories: cost of service, project approach, quality of sample, and experience and qualifications. Proposals with the highest ranking scores were invited to participate in the second phase of the process, the oral interviews. Three of the companies were invited to meet with the selection committee for further consideration. These companies included American Legal, Code Publishing, Inc., and Quality Code Publishing. Proposals were then evaluated by a selection committee comprised of City staff representing the City Clerk's and City Manager's offices, Public Works, Information Technology, and Community Development departments. The City Attorney's Office was invited to participate and identified a representative from their office to take part in this process. The representative was present during one of the presentations;however, the City Attorney's Office was unable to attend the other presentations and did not participate in the evaluation process. Ce The selection committee recommends that Code Publishing, Inc.,be awarded the contract. While all of the codification companies are qualified to provide the needed services, Code Publishing, Lj Inc., received the highest ranking scores based on their flexible pricing, customer service- oriented approach, quality of electronic publishing and internet services, and legal publishing expertise. Code Publishing Inc. is a Seattle based legal publishing company founded in 1989. With 22 years of experience, Code Publishing provides full codification, electronic web hosting, supplement production, and subscription services to cities across the nation including: 97 cities, 6 counties, and 6 special districts in California. Margaret Bustion, President, has over 30 years of legal publishing experience and a team of professional staff to share best practices and provide a fresh perspective on the City's Code. Code Publishing's presentation included an excellent demonstration of their electronic publishing capabilities and the packages offered. Their successful proposal included a broad range of features for viewing, searching, and printing the Code. Code Publishing's customizable packages come with optional graphics in wireless format for small devices, OrdAlert for ordinances pending codification, and CodeTrak, which flags code sections that have recently been revised, to name a few. With an emphasis on providing subscribers with an electronic Updated:2/1/2012 by Mayra Ochiqui A �,bi1 1549 version of the Code, the City will be able to significantly reduce or eliminate printed copies of e7the Code. The City also has the ability to tailor services throughout the duration of the contract to meet the City's changing needs. Recodification and the regular distribution of supplement materials is a necessary undertaking to maintain transparency of the City's Code. It is the City's responsibility to maintain its laws in a current and comprehensive format. When the Code contains conflicts or discrepancies and outdated or incorrect references it cannot be an effective tool for residents and enforcement officials to follow and enforce the laws with consistency and accuracy. Moreover, the public, including property and business owners and developers, are poorly served by not having access to updated codes in order to assess information necessary when, for example, applying for business registrations,building permits, or planning new development options. Outsourcing codification services is a standard practiced by most California cities. A recent survey conducted by staff shows that 91 percent of California cities outsource codification services. Of the 362 cities governed by general law, 332 or 92 percent of cities outsource codification services. Of the 120 charter cities in California, 105 or 88 percent of cities outsource codification services. Within the group of charter cities, 9 or 82 percent of the 11 charter cities that elect a city attorney outsource codification services. By outsourcing services, the City will be able to promptly provide subscribers with quarterly supplements while reducing the time the City Attorney's and Clerk's offices and the Planning Division devote to codifying, indexing, proofreading, publishing, and distributing activities. While the City Attorney's Office is responsible for drafting proposed ordinances and resolutions, the Planning Division is responsible for updating changes to the Development Code (Title 19). Title 19 is one of the most dynamic sections of the Code with the largest number of annual amendments (20 amendments in three years). Once a contract is in place, Code Publishing anticipates the recodification and republication to take less than 9 months to complete. Within the first three to four months, Code Publishing will deliver the code analysis and proof to be reviewed and approved by the City. Within a seven to nine month timeframe, publishing files are converted to HTML for internet hosting and the selected electronic features are setup. Once the website is approved by the City it will go live. Quarterly supplement service of new and amended ordinances will be posted online within three to five business days of the legally effective date. Editorial updates for the printed version will be delivered to the City within two to five weeks of the regularly scheduled quarterly supplement. City Attorney Review: Supportinp, Documents: reso 1549 (PDF) Updated:2/1/2012 by Mayra Ochiqui A Packet Pg. 362 1549 Exhibit A Code Publishing Proposal (PDF) agreement 1549 (PDF) Q i{[3 (i g v r Updated: 2/1/2012 by Mayra Ochiqui A Packet Pg. 363 8.A.a 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, 4 INC.,TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 5 WHEREAS, it has been the desire of the City of San Bernardino to recodify and a� E 6 republish its Charter and Municipal Code, the scope of codification services being sought L a� 7 a include. Republication/Recodification of the Charter and Municipal Code, Code Analysis and 8 U Review, Supplement Services, Electronic Publishing and Internet Services; and 9 70 Cn WHEREAS, pursuant to Resolution 2011-299, the Mayor and Common Council o 2 11 authorized the issuance of a Request for Proposal to solicit proposals for professional o L (- 12 codification services; and 13 WHEREAS, four proposals were received and reviewed by a selection committee 0 14 a ' comprised of City staff representing the City Clerk's, City Manager's offices, Public Works, o 15 Information Technology, and Community Development Departments; and 16 ; LO 17 WHEREAS, the proposals were evaluated based on cost, project approach, quality of M C lg samples, and experience and qualifications and three of the companies were invited to meet 0 19 with the selection committee for further consideration; and a� 20 � WHEREAS,the City of San Bernardino now desires to enter into a three year contract r 0 21 i with Code Publishing, Inc., to provide professional codification services until January 31, w 22 23 2015. E 24 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a CITY OF SAN BERNARDINO AS FOLLOWS: 25 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 Packet Pg.364' f r 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. 3 6 CD 7 111 a N t 8 Cn d 1 9 _ 10 /// 0 t � 11 111 - a 12 = 13 B a. 14 15 /// c°v 16 LO 17 18 °- Mn 19 rn 20 LO 21 /// L 22 23 U R 24 a 25 26 IlI 27 28 Packet Pg.365 i, 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO APPROVING THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, 3 INC.,TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting 7 a thereof, held on the day of , 2012, by the following vote, to wit: 8 •2 9 Council Members: AYES NAYS ABSTAIN ABSENT U) 10 MARQUEZ fA 11 JENKINS ° a 12 07 1 BRINKER t 11 13 I 14 SHORETT a 1 d 15 KELLEY 16 JOHNSON 17 MCCAMMACK M 1 18 2 19 20 Rachel G. Clark, CMC, City Clerk LO o 21 The foregoing resolution is hereby approved this day of , 2012. L 22 CD E 23 Patrick J. Morris,Mayor 24 City of San Bernardino a 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 By: 28 Packet pg.366 c as E m m L Q N d U L C CITY OF SAN BERNARDINO RFP F-12-06 N a� Municipal Code Codification Services ° a a� c 3 a m Proposal of: U NT N code publishing.com a a c a d December 7, 2011 a X W C E t U t0 w Q u Packet Pg.367 San Bernardino RFP F-1 2-06 Municipal Code Codification Services Page 2 of 14 I. iNTRODUCTION............................................................................................................................................3 II. PROJECT APPROACH .................................................................................................................................3 A. REPUBLICATION/RECODIFICATION...................................................................................................................3 1. Stock. .....................................................................................................................................................3 2. Page Format. .........................................................................................................................................3 E 3. Printing. ..................................................................................................................................................4 4. Electronic Copy of Code on CD-ROM. ..................................................................................................4 5. Incorporate Ordinances. ........................................................................................................................4 Q 6. incorporate Map, Diagram, Chart, and Tables Pages. ..........................................................................4 7. index and Tables— 9. Corrections. ................................................................................ ......................4 1. Materials — 5. Report. ............................................................................................................,............4 B. SUPPLEMENT SERVICES..................................................... ............................................................................4 to C. ELECTRONIC PUBLISHING AND INTERNET SERVICES .......................................................................................4 1. Electronic Database and Robust Standard Features. ...........................................................................5 0 a. Viewing Options. ................................... .........................................................................................5 y y b. Printing/Saving Options. .......................... °' ........................................................................... 5 0 c. Advanced Search Features. ..............................................................................................................5 d. Bookmarks for Sending Code Links via Social Network Distribution and Email. ............ ............. a, I e. Free eLibrary Nationwide Searching. ................................................................................................6 S 2. Requested Features for the Online San Bernardino Code.....................................:................................7 0 a. Viewing and Printing by Chapter or Section. ....................................................................................7 3 b. Online Code Updating Service Options. We offer four solutions:..............._......... .................... 7 a i. Online On-Demand Service, at No Extra Charge. ................................__....................................7 0 ii. Link to Ordinances Pending Codification. v iii. OrdAlert for Ordinances Pending Codification. ............................................................................8 iv. CodeTrak for Recently Codified Ordinances. ......................................... .... ..................................8 3. Recommended Optional Additional Features to Modify Project Scope for Improvement.......................9 a. Custom Banner with Tab Links. . .......................................................................................................9 b. Custom Table Headers. ........................................................................................................... y C. Online Code on DVD. .......................................................................................................................9 0 d. Proposed Bundled Package. .............................................................................................................9 0 D. OTHER SERVICES - F.SALE OF THE CODE . ................................................................................................10 a' IG. SCHEDULE FOR COMPLETION............... ....... ................................ ..............................................................10 C r) H. TERMS.........................................................................................................................................................10 w 1 I. PROJECTED TIMELINES.................................................................................................................................11 111. QUALITY OF PRODUCT/SAMPLES 3 IV. QUALIFICATIONS AND EXPERIENCE .....................................................................................................12 0 V. TEAM QUALIFICATIONS ...........................................................................................................................12 Q VI. REFERENCES ...................................................... VII. FEE PROPOSAL—APPENDIX C ..............................................................................................................13 w f VIII. AFFIDAVIT OF NON-COLLUSION—APPENDIX B...................................................................................14 c IX. CONSULTANT AGREEMENT—APPENDIX A .........................................................................................14 E X. APPENDIX D—SAMPLE MUNICIPAL CODE ...........................................................................................14 w XI. SECTION II. —OTHER FORMS ........................................................................................... .....................14 a I i I i ..................................................................................................................................................... Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE www.codepu i-,hinn rn Seattle.WA 98115-2844 c c code u' Packet Pg.368 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 3 of 14 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. Q Our largest customer is Phoenix, Arizona, which just switched to Code Publishing Company this year because of excellent codification, state-of-the-art online code options, and our superior customer L service. Last year we codified over 100,000 pages of ordinances, maintained and updated hundreds in 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 o so that we cannot tailor individual solutions to suit specific projects. y d w We hereby accept all terms contained in the City's Request for Proposal. Pertinent narrative a commentary and product highlights are set forth below. A CD-ROM is also included that previews our version of the online San Bernardino Code and selected features with Code Publishing Company as your codifier. .a a. II. Project Approach: o U Our approach to your project begins with understanding that your time is your most valuable resource. Choosing Code Publishing Company means that you can depend on your project to be done correctly and on schedule by professionals, with open communication with our staff, but with as 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 Q production teams will always be available to answer your questions. Personal conferences with our o 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 = clearly set forth without hidden fees. Optional services or additional work will be pre-approved by n you in advance. Switching out features or individual electronic services is your option at any time 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 o continue to best suit your specific requirements. L) t A. Republication/Recodifi cation. 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 x automatically be recodified every 10 - 15 years, so our products anticipate your City's growth and W changing needs. Your code will be properly maintained with the highest level of professionalism in CD the industry so that you can concentrate on other priorities. E 1. Stock. CPC recommends printing the code on both sides with 24 lb paper to reduce bulk. U Recycled paper is available for the printed code for going "green." .2 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 l in the industry, we are providing two separate options which the City may wish to consider to reduce I 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.codepu i r' Seattle,WA 98115-2844 cpc code u Packet Pg.369 i San Bernardino RFP F-12-06 Municipal Code Codification Services Page 4 of 14 Modified Scope/improvement: CPC Double-Column Printed Code Layout. The City may wish to consider using CPC's standard double-column format in 11 point Aria[ font for the 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 CA.b. The online code will be displayed in single-colurimn Arial 12 point enlargeable type for easy viewing, but the cost savings and convenience of a smaller printed code will be significant. y 3. Printing. 5 copies will be supplied; all terms accepted. 4. Electronic Copy of Code on CD-ROM. CPC produces code products in Word, RTF, PDF, HTML, DOC, Folio, and any other format the City may require without requiring costly user co licenses. Modified Scope/Improvement: Online Code on CD. We also offer an online code version o that functions without Internet access. CPC's Online Code on CD allows copying and printing of any N title, chapter, or section of the Code in MS Word; but it also performs with all the time-saving o features of its Internet counterpart, including hyperlinks, advanced search options, and viewable a. maps/graphics. It is excellent for in-house copying and emergency operations preparedness. It requires no user licenses. N 5. Incorporate Ordinances., All terms accepted. - 6. Incorporate Map, Diagram, Chart, and Tables Pages. Our features, including GIS a maps, graphics, and PDF links from your Code, will work in both our standard online code and d Wireless 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 prompt will alert you to print in landscape. With our custom table headers feature, the header stays LO locked as maps are scrolled. Modified Scopellmprovement. Graphics in Wireless Format. Our maps, charts, and `� custom graphics also function on our Wireless version conveniently for small screen devices such as o Kindles, Androids, smartphones, Blackberries, iPhones, and iPads. Q- 0 7. Index and Tables- 9. Corrections. All terms accepted. 0- a� c Code Analysis and Review (Legal Work) N 1. Materials - 5. Report. All terms accepted. Every ordinance and code provision will be 2 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 0 provided in a written report for the use of and consideration by the City Attorney. Q B. Supplement Services. All terms accepted. Printed supplements will be delivered to maintain the printed San Bernardino Code on a quarterly schedule. They will be edited and proofed w within 2-5 weeks of your next scheduled supplement delivery date. PDF files of updates will be included at no additional charge. Online code updates will be in as little as 3-5 days, depending upon E which service the City chooses from the options listed below. �a C. Electronic Publishing and Internet Services. With Code Publishing Company as your a 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 206.527.6831/800,551.2633 9410 Roosevelt Way NE www.code u inn rnm Seattle,WA 98115-2844 codepul Packet Pg.370. San Bernardino RFP F-12-06 Municipal Code Codification Services Page S of 14 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 r 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. Q ry a. Viewing Options. Our print feature allows just the document's text- not your web screen-to be printed. The font size is enlargeable and the Table of Contents collapsible to maximize viewing. in 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 o just the text of the code as it is displayed online, without showing the tool bar, header, or webpage N features. With our"Save/Print Selections," you may save and print any section, chapter, or title in o 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 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 a 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 o updated version can be viewed, downloaded, and copied from the Internet conveniently 24/7 from the "View the printed code as a PDF" link at the top of the page. c. Advanced Search Features. The Code will be fully searchable with the most r 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 o relevancy, to "My Searches." CPC's search results are not removed at the end of your user session; c 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 volumes, customers such as Phoenix, AZ, and Grand Junction, CO prefer our optional "Scope Searching" feature. Conveniently search the charter, municipal code, and/or development code at the same time or separately with our simple or advanced search features. a d. Bookmarks for Sending Code Links via Social Network Distribution and Email. Our Bookmarks function is smarter. It lets you email a code link and note, or"SHARE" a link o via Facebook, Twitter, for distribution over social networking sites. Working with a clipboard in Windows is not required, but is optional, making it the easiest way to send code links with a personal a email message at the same time, whether by a smartphone or from a desktop, without opening Z Outlook, Gmail, or your browser. Our Bookmark/SHARE function is located at the top of each code w frame and is shown on the next page. Modified Scope/Passible Improvement: We also offer SHARE at the individual a 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 a just Bookmarks: ................................................................................................................................................................................................ Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codenu Seattle.WA 98115-2844 ccc codepu Packet Pg.8T1' San Bernardino RFP F-1 2-06 Municipal Code Codification Services Page 6 of 14 lam`` Elie Edit View History Bookmarks Tools Help C)San Bernadino Municipal Code t E' C vnre�.codepublishing.com ca as bernadvio;?r Firebug Back . �, _ _� _ Reload izr, Nome C Sit in � Q N d V H ome - Q N 15.27.010 hurpos @. 0 SHBRE C The Crime-Free Rental Housing Program is a part of the City of San 2 Bernardino's overall effort to reduce crime in mufti-family rental properties as defined N herein,owners of any multi-family rental property will be required to maintain these '~ rrameless version units in accordance with all applicable laws.(Ord.PAC-1351,06-06-11) O L Cack the phis(+),or minus(-)sYnibo's to a. expand or copapse the entries, 16.27.020 Applicability _ r aeaRr Pnnt Save Selections The provision,Of this Chapter Shall apply to Bookmark 6 Share X pro the m Select and Ctrl-C to copy) Email ```Favorites Q Ckk the shed boxes to dse selections limit racebook r Deligous fir pnnthig or downloadng. µ 'Mall hs> /jrw.codegubiiabsng. a. _ , p -3 Googie M Twitter O f PDP(Adobe Reader) v s t i3au8t:.carSinsTiSf�auBesuwti.0 -a The More...(330) O ne Help Gear aft pf0 0 A3 Thrf &ec r~•„�s; P V con Bookmark Link Y '—❑Ti0e158tWiNGS AND CONSTRUCTION l pro d E]Chapter 15.27ClIM4 dEEPB4rAL codes adopted by reference in this Ccde (Ord MC-1351.06-0&11) ISTNr PP0r,R4M ❑ 15.27.010 ixWpose, srnRE . . . •❑ 15,27,020 Applicability, For the purpose of this Chapter,unless otherwise apparent from N +❑15.27;o3o Defk4nOn5. their context,certain Words and phrases used in this Chapter shall have the Q ❑ 15,Z7.040 Scope. meanings hereinafter designated.The definitions in this Chapter are included for o IL +❑15.27,05014andatary reference purposes only and are not intended to narrow the scope of definitions set participation. fuilli in federal ui slate laws ur reguldliuri5.VVCndS useU![11105 Chapter in lilt O •❑ 15,27.060 Landord Certrflcarron. singular may include the plural and the plural may include the singular Use of the .❑15.27A70 Inspector Fees. masculine shall also mean feminine and neuter- 15,27,080 Nobce of inspection. A "Applicable Laws"means the City's Municipal Code.the California Fire Code.the .❑15,27,090 violations, California Building Code,the Uniform Housing Code,uniform Code for the Abatement a. 1ou Re-Irspectons, of Dangerous euudings ano any other laws or regulations relating to the neaten or W .❑IS.27.110 Adirrimtrabve safety of City residents or the general public,as adopted by the City. O Citations, U *❑15,27.120 Appeals. B, `City"means the City of San Bernardino Q .❑15.27,130 Compiaint4ased .O C "Director"means the Director of Community Development of the City of San i Insr ect ars, Fremnulino or his/her designee K v W w C tv E 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 Q nationwide. This is another standard service we provide that does not require a license. No startup fees or use charges are imposed. I I ................................................................................................................................................................................................ Code Publishing Company 206.527.6831/800.551,2633 9410 Roosevelt Way NE www.Code u ishinn rnrn Seattle,WA 98115-2844 Cpc(?codepu Packet Pg. 372 S I San Bernardino RFP F-1 2-06 Municipal Code Codification Services Page 7 of 14 2. Requested Features for the Online San Bernardino Cade. a. Viewing and Printing by Chapter or Section. Our Print/Save 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, MOB] for Kindle, ePUB for iPad/Nook, HTML, or in plain text. No licenses are required for this service. b. Online Code Updating Service Options. We offer four solutions: , L Online On-Demand Service, at No Extra Charge. CPC offers the City the a option of receiving more frequent updates to the online code for the standard per page online code 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 (n fee, annual charge, or setup fee. OLOD functions in our Wireless version of the online code, too, for small screens. g ii. Link to Ordinances Pending Codification. We also offer the economical N 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 a code hosted at CPC. There is a flat one-time setup charge of$75 for this service. The City of = Phoenix chose this feature with our no extra charge Online On-Demand update service for their N 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 a banner, Wireless format, and other custom features, such as the "compile chapter" custom feature, -(D which are shown here: c0 Ve on W— Hw-,v 1-kmark3 I-15 yelR lf� V)Php tx Online Cod- _} ... r r Back REkxd J H.— Feebug I�1 b.w..rt. Puciiceahxr Ary face..v-e AfTefl y. E+.clq 1�wG City of Phosrax aw..es T.swssen tl��l/ 0 v. ou.nomen r.`NWW SFSONaeen E.>rrF+an .fAG.vsialdiey 1 lmrs a N � 4�b.n+!] HenMenerl. Icvt Sac':. H.drv.Sal" Pnrtt buc FmrtNriase VereNxt .0 CL creesnepuat•)orminusw:?m,eekid !®'fit',� > (Q ewrw or cosD+e trte emrhu. teA i°tiGk here to oPar tMe Chapter an. Clca L.Dh.<1'aeaes ro tuecM sectbne. {+jJ,c nl i`4gtF�G k td dr�nlnaC*.he 4°�1= cnspRNS.nitir>sb br DHdin6 or esrrry ae 3 en RfF Ftle a e4a.r.u..v� sw,..«rF ChW*rs -Chem., ADVERM SING' 0 -city Coda•. _ V •iontng Ordlnenc� 2S- DaSnrzbns }j. ReSet.Bd. C Cenwa+.Cnrwv I 'J'a Pl gLUmmeiClaland RdnCCtrimerGal handWKS pn uneRended.ehlIXes. gd DepoSibng CammerCial and norKAmm 021 han1bi4s on unMhabaed or: nt PMMISes Prohibiting diDYeb+xkan Wf-0W4s dt Df de Premises Hfie b pi Pony Posted:almin2 p.nap;C rri sanCHOn } PrMlbiary drsIIibtrtion pf po%tars.cards.signs,hen0193,W-1d`.2nd OW nnUS penefallY.dhmmal penahY,V.d a—bun, j y DrbPping ftW V m arraaa X ;§ idJ2�N�S+nnn0 bn"..%gen2ra%.. W .2'..Q EYE••..."`-'S. 0 Croi3 Merance—auawcesec,M.ta:1C46 wpsia,cb.a..slrccL s.a sgsws.:s,cl1 3t;svnng,G at E U hnmrt - { t0 .ra.d...na c+:cm.,n.,.,..aN e.�h aNar.,.�.e.atee,w++w arrow. am tea.-"M..",,.•.-=c^ r+ a�mi�. sarT�sn.R reD�aan-wn Q ...................................... .............................................. .................. ........................................ .............................................. Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codepu Seattle.WA 98115-2844 c c code ul Packet ft. 373 I San Bernardino RFP F-12-06 Municipal Code Codification Services Page 8 of 14 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 have not yet been codified. 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. CnN a� U Rf C O O 0 -U,..,nwe�.r'Y .a _",•m _ yta w..,.nwuf as o..ww ua:.rws. n,r foil wsrq.„ .OMx.wl�vtsaw �M umY r�°�rt'w,P+�'arsee.m fiew.uu» N a nn d' iv. CodeTrak for Recently Codified Ordinances. CPC also offers CodeTrak, which flags code sections that have recently been "Revised"by newly codified online ordinances. CodeTrak functions in our Wireless CodeTrak version of the online code, too. Alerts are removed o when the printed code version is updated. The date that the section was changed may be displayed o in the link at no additional charge, as linked below and shown here with our CodeTips pop-up a preview box for code articles: c Z Mn .w, a LAIM OSWEGO -Ann O R E G O N M, O U � Non,e ti f Q ntxr,w+.=x+��..e*.Ym{1nKk,•v:TR,F - IslYr�lrbROe. m fuya%R,ti v»m»YY�e RT:F �J 4NS�h 4ryNPV�r•,s lNw9s�rt, CRRRNftI X r.wo w r..qr NiGN CODE k,uxe*^n+ W �y ¢Mf r� proKpf,�,y,,p. k':c�ur YmctNUwNf.irnit one�+erobra fignf o.n.«,ry inS x. � vafCncs for is rm. .(7.orr�.,tt`Cn,N,ez.ltq •4l orrYu.REn6J�fi'tl^/, ,u, y F •Q a,err +F,nfawrpi S dmf rW,rhm�cmc.=r uo.� a2.ax -Q qw Muff,.�fa� w+aw eu.as uu.ww e.,w. .�Oltlb if�u04+i6+roonq =•_w..R.m.a.is... -na i ................................................................................................................................................................................................ Code Publishing Company 206.527.6831/800.5511633 9410 Roosevelt Way NE www.code Uhliz Seattle.WA 98115-2844 c c()code ul Packet Pg.374' San Bernardino RFP F-12-06 Municipal Code Codification Services 8A.b Page 9 of 14 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 may be found at many California cities' codes in our e-library. The codes of Elk Grove, Aliso Viejo, 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. Q c. Online Code on DVD. Provides an updated copy of the Internet version of the online Code on DVD each time the Code is updated. City officials, emergency operations center L commanders, police officers, Code enforcers, and anyone who is offsite or without Internet access will find this service indispensable. 76 d. Proposed Bundled Package. Basic webhosting is economical, as is the o enhanced services webhosting bundle package, which we recommend with a choice of three(3) N popular features: o • Wireless Format: CPC's Wireless feature opens in an easily navigable, a` visible frameless version that is both ADA compliance and optimized for Androids, Blackberries, iPhones, iPads, Kindles, Nooks, and Smartphones. PDFs, links, and maps open quickly, whether :c 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 a above in a single-column without the Table of Contents on the left. The hyperlinks to code sections also function in this format: o U Ln Ln CUP*1527 U) CRIVE-FRED IW#TAL HIDUSNG€+RflGRAV O 0. xtibns: O 13:Si4 P epos L 35. A."'Is .Aaptfimbtsrr, a as ,55:�.SSZ aas�surr gym*!=Ea>r:s�. S .15:it�: ��dkrtCl�r:iTe:ar:Yrr. N ,1S,.iti;i nsx:+s3 sees. 3 25;Z7:2� Ve�a:rrn. a 19,77,10+0 Rtr::laor:-ra+s. CD 1K 110 .A7mtna7a:W_Cr.7ixs. 15'-'-.1 n A;rmlls. -0 ISZ 1s", GJmplaMi-S35ed ass. O 15.2X`. E�r:emerr:-P1AH:-.UU-rz. U 14-:715 -rtx-mrr:-.AfY�:ton, Q 15=1 FL_Aii*Z. ,N liv.610 Purpose. r)e Cxime•rree RnW-4Z.31-l2 Fr=*"Is a W.01`he 014 CO Sin 9 i-eS owstl eft il.to redl:.e axme h rnji'H mnr nvrdi X W026':its as*r'ied VNIV-1 Cft awl mitR11Amuf re'C2I RC=,,WM AC 7-V1112Ci 1Z tt41Tiom res.JY?3 h=_7.r!,'WMZC wtll�an W Z=a=blt iaws..)rd.rRD-13511 111 r 1627-M Applib"I lr. C Tx=y1sions 019tt%^'VtOr r S*wj aAplr Z ail mjntt amAt wrV 7-1=14,as trl:xrm 3s orft--,,J l ee_m.worm tY Cr$.TTits 0,0= N atsa apR cs *K Dremnrs 0.tt t-m tF1l7nEy rira3 i�3r h b axtl.U�udl,A r a itm t b Ada '¢r frCVa s. Iaedaap4'4?,acxssxr sr�r.xss,r-0,x00,aro+wlts. V Tnep"w!sto^s:1-niso.Amare S AmiemGmz�r m1:.amrierwrwr'»o.W, WWiston011,iits v'AK am"PUMAte laws-517LR NA �+ ;'its G~<aII'•a•mar be:,ansTled'k)TLrnt:ant exivrV r*.r Vt.,&vry=stra a;itwnts V 10 e"tbras aV#a tswa 01 apptr:aAte I", Q s•.a:.rse x ms code,in:1 4 t-0 prwtstwa Q1.nNam..ales_-W=0 At Wf_"r=in iMS:mss-,a,5d.&CX351,0600.1I j 16-Mm wrfftos, CPC has customers with completely paperless codes for this reason. With CPC, all features are I 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 206.527.68311800.551.2633 9410 Roosevelt Way NE www.code u Seattle,WA 98115-2844 cpc code ul Packet Pg:375 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 10 of 14 ELK GROVE MUNICIPAL CODE w coaircauon Rr tnc Goncrnt omvnence= " Se's m rtr of the Qty of Elk Grove,Cattfomla Title 3 CODE PUHLliSHING COMRANY f 5...lo, :t REVENUE AND TAXATION Wbihh.glow _ Cll[pt— rsr.wra.r w Era aN,.s rwN.aar ca«�.ew«a.nwaea a.a....zaza.., la Urtitorm Safes rM Use Tax = .s m Uratorm Tranaierrt0aupsncy Tax r,w ear aal.7, Real Property Tnnafer Tax E ].ta feat Frrtkkn Community Facilities District%a 2002-t Spacial Tax rre.x.aevcb Ara r Q) ,,xwnor. &},¢ Community FSCOitiea PStrict No.2003.1Special Tax =. Corno—Ay Facilities District%o.2003-2 Spedel Tax >� Community Facififiea District go.200&1 Special Tax �Q2 Capital Outlay Fund Q rM. ` 7.21 Conununitp Facilitie s District No.2005-1 Special Tax 3 Spedtl Gas TSx SUeetlmproyefnenl FUrW 0 LQ City Fees.CtwOea.Rates mall Assesanf ants ..ao (� CaUtorfie Land COnservatanCOrdracta *o .... _._._ �..�..-m..-. IN itm%yU—Tax •� CoMncts rat Purd—inU uc a.� T[s n +Tra u[i.+te mru[fi wu 1,43 D[ftaffi m of Authortty to U.Fi—e Direetifrto tmest Fund.in the G� mar. c -- '- City Treasury w a :NOC i,er'ta IM lftibh UrOce.Silting xnr, c mom.+••.-w �� -o.,++eNr .woY�tov �� °� Tlia pope ef!►.Flkfeore tarrkipel Code 4twreat Hrap# Gry Wabste:hm;,.. .dkvrvvritt:.are.' •(n Tro. n 'T��r RUws QNxrbra 2Y201L p+Ered Oltobr 26,2011. C+ty Talaphene:(516;691-2499 N nru evE�R rrr rTmrn.e M 6Ja HN'eirayz[HWie[a�tE-N--T ®`°" ONCsmTba Cr.Clow.Dficsht fiel t 00. co c a d 01,G.-Mnrpai C.t.Uv xha. vac Ihe CM Ga1k'- L b ary F ee O wsr.•.u'�r.—._ ,�..._._...—_. _ b(fiu paw iererNnaertes set subieauertt xhearaimm�m" ` a •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. a •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 0 for larger distribution, most conveniently on your small screen device. • Links to State Code Citations: Provides instant access to the California LO Code citations through hyperlinks, saving countless research hours for attorneys, police officers, and code enforcers. • Other optional features: A complete list of our electronic options is o attached to this RFP. Custom options are available. P a D. Other Services - F. Sale of the Code. All terms accepted. CPC will reprint additional c code copies and manage all the City's subscription demands upon request for internal and outside N subscribers. Both electronic and printed code copy versions are available. Since our staff are all conveniently located in our Seattle,WA office, we are on-site and available to respond to your a requests 7:00 a.m. to 6:00 p.m., M - F, Pacific Time. o U G. Schedule for Completion. CPC recodifies and republishes codes in less than 9 months a from receipt of the signed contract and materials, delivering the legal review in 3 months and the first 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. w :s c 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 have been delivered to the City, and the balance upon Internet setup. Thereafter, supplementation r to the printed and online codes will be invoiced upon service delivery, payable within thirty (30)days a thereafter. I ................................................ r........................,....................... ................................................... Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codepublishinn ca Seattle.WA 98115-2844 cpc(a)codepu Packet Pg.376i 8.A. R- San Bernardino RFP F-12-06 Municipal Code Codification Services Page 11 of 14 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 2/6/12 volume,and new materials are received from City. from award E m Files converted from City to company's publishing system. Code and new L ordinances analyzed,organized, numbered,edited, indexed,and proofed. Legal 3 months 6/6/12 Q N report delivered to customer. Print volume page and formatting styles identified. Style sheet sent to City for 4 months 616/12 m approval. Code proof prepared by editorial team and delivered to customer. rn Ta c Customer reviews legal report and proof,confers with teams,and any changes or 4th—7th 616-9/6/12 0 revisions to content by customer are incorporated. month 4- O Publishing files are converted to HTML for Internet hosting by web team. City- 7th—9th 9/6—11/6/12 a provided graphic files,colors,etc.,for custom banner are incorporated. HTML files month = are uploaded and proofed on company's internal server. Additional electronic features selected by customer are set up. HTML files are uploaded to company's N public server for code testing by City. Adjustments,if any,are made. URL link is ° emailed to City to link to City's website from company's server. a m Printed code copies are printed,bound,and delivered to customer. Online code is 7th—9th 9/6—11/6/12 ° U completed and officially online for the public. month rn T Electronic and Printed Supplement Updates for the San Bernardino Code Timelines/Delivery N O Q I City uploads electronic files(in both word processing format and scanned PDF of One day a x new original signed ordinances)to company's unique upload page created for City. Receipt is confirmed to the City by email. New project is created in company's database for City. N 1 With OrdAlert service, PDFs of signed original ordinances are posted with Same day CL corresponding alerts to sections pending changes. 0 I With Online OnDemand update service, new ordinances are edited, proofed,and Within 3 to 5 days of the Q codified and posted into the online code. legally effective date Editorial updates for printed code prepared, including subject matter index, 2—5 weeks W proofing, history notes,cross-reference work. c City receives,reviews, and returns proof to CPC for publishing. Up to 1 week before E publication v m r Corrections made as indicated on proof copy; printing and delivery of print 4 days from receipt Q supplement to City. ................................................................................................................................................................................................ Code Publishing Company 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.coden Seattle.WA 98115-2844 c c code u Picket-Pg.377 San Bernardino RFP F-12-06 Municipal Code Codification Services Page 12 of 14 III. Quality of Prod uct/Sampies. Samples of Ordinance 1351 have been edited, proofed, and codified. It is provided in Arial 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. c IV. Qualifications and Experience. Please see our company's information packet, attached. as V. Team Qualifications. Please see our Summary of Professional Experience, attached. Q N d VI. References. Five customer references are below: L Customer Contact Services City of Ms. Debbie Lauer, Internet hosting, supplementation in print o Phoenix, AZ City Attorney's Office and online, custom services, OLOD •N Pop. 1.4 200 West Washington St., 3`d Fir. updates, 2010, all milestones and million Phoenix, AZ 85003 deliverables met on time. o Debbie.iauerCcDphoenix.gov a� 602-495-3688 City of Aliso Ms. Susan Ramos, MBA, MMC Initial codification and publishing, Internet n Viejo, CA City Clerk hosting, supplementation in print and Pop. 40,000 12 Journey, Suite 100 online, 2010, all milestones and n. Aliso Viejo, CA 92656 deliverables met on time. o sramos@cityofalisovieio.com v 949-425-2506 City of Elk Mr. Jason Lindgren, Initial codification and publishing, Internet Grove, CA Asst. City Clerk hosting, supplementation in print and Pop. 153,000 8380 Laguna Palms Way, online, 2009, all milestones and N Ste. 200 deliverables met on time. C o. Elk Grove, CA 95758 ° CL ilindgren(a-),elkgrovecito a, 916-478-2286 City of Ms. Susan Gauthier, Reformatting and republication, Internet N Fremont, CA Deputy City Clerk hosting, supplementation in print and Pop. 214,000 3300 Capital Avenue online, custom services, since 2009, all a Fremont, CA 94538 milestones and deliverables met on time. o sgauthier fremont.gov v 510-284-4076 a City of Ms. Becky Smith, Reformatting and republication, Internet Palmdale, City Clerk hosting, print and online supplement x CA 38300 Sierra Highway service since 2005, all milestones and w Pop. 152,000 Palmdale, CA 93550 deliverables met on time. bsmith(a�cityofpalmdale.orq E 661-267-5151 �a r Q ................................................................................................................................................................................................ Code Publishing Company 206.527.68311800.551.2633 9410 Roosevelt Way NE www.codpouIplighinn mm Seattle.WA 98115-2844 cpc code u Packet Pg. 378 I F-12-06 Municipal Code Codification Services San Bernardino RFP p Page 13 of 14 VII. Fee Proposal —Appendix C. Appendix C QUOTATION SHEET Estimated Pages: 1,381 pages, single column, 12 pt. font c Company Name: Code Publishing Company EEi REPUBLICATION/RECODIFICATION COST: L Charge per printed page, one-column page style(5 copies) Flat rate.......................... $18,000....---. Q Additional charge for supplement pages at time of republication .................................... $ 10 Extra charge per page for map, diagram, chart,table pages(est. 75) ............................$ 15($1,125) Copy of Code on CD-ROM in MS Word............................................................................ $ 50 o Legal opinions, linked table, links from charter.................................................................$ 75 set up .0 N FUTURE SUPPLEMENT COST: 0 a Supplement charge per page existing format*(includes electronic updates)................... $ 19* ` Extra charge per page for map, diagram, chart, table pages ........................................... $ 15 = Copy on CD-ROM after each supplement(MS Word and PDF) ...................................... $ 65 !� CODE ANALYSIS &LEGAL REVIEW ............................................................................. $ 3,500 a ELECTRONIC PUBLISHING AND INTERNET SERVICES: o Creation of searchable database and initial set-up .......................................................... $ included v Internet Annual Hosting/Maintenance Fee(basic service or bundled**)........................... $ 475 or$600 1* Copy on CD-ROM Online version in HTML($250 set up),future cost ................ $ 250 annually or Folio Views InfoBase($250 set up),future cost ................ $ 0.95 per page o Custom Web Banner with interactive tab links to City's Webpage ...................................$ 250 0 CL Wireless Code Version set-up(or included in bundled package) ....................................$ 150 = CustomTable Headers set-up .......................................................................................... $ 195 ONLINE CODE UPDATE SERVICE: 3 a Monthlyupdating charge ..................................................................................................$ none Charge per ordinance(OrdAlert service)(maximum annual $300)................................- $ 20/ordinance 0 U I Online OnDemand 3-5 Day Update Service..................................................................... $ Included a ADDITIONAL SERVICES: X Binders(5 copies; 3-inch D-ring, custom foil stamping)t ................................................ $ 325 w Tabdivider pages (5 sets) ................................................................................................ $ 325 Reprints charge per impression ....................................................................................... $0.10 Binders for title reprints(zoning, 2-inch angle D, minimum 12 @$56)tt........................ $ 672 r Q 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 206.527.6831/800.551.2633 9410 Roosevelt Way NE www.codepu ; gA;kftlA UVA CIR11.r,-2RA4 cDcOkodeDU Packet Pg.379: Son Bernardino RFP F-12-06 Municipal Code Codification Services Page 14 of 14 I Vill. 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. E X. Appendix C — Cost Quotation. —p. 13 above. r XI. Appendix D —Sample Municipal Code—paper copies attached; CD-ROM included. XII. Section II. —Other Forms (Question Sheet from p. 31 -33 RFP, signed and attached.) �a -- Insurance Certificate designating City as a named insured—to be obtained o and delivered by contractor prior to commencement of project. n Business License—to be obtained by contractor prior to commencement of o project. a -- Subcontractor's Lest—none designated; CPC assumes the obligation to M provide all deliverables; signed form attached. N Thank you for requesting Code Publishing Company to bid on this important project. a a� Respectfully, o U It u� CODE PUBLISHING COMPANY R N 0 CL - MARGARET O. BUSTION, President � 9410 Roosevelt Way NE N Seattle,WA 98115 Z 206-527-6831; 800-551-2633 a www.codepublishing.com -0a 0 E U a X w c i d U Iy t a a Code Publishing Company............................................................................................................................................................206.527.6831/80-6.551.2633 9410 Roosevelt Way NE wvwx depublishing.com Seattle,WA 98115-2844 cpc(cDcodepublishing.com Packet Pg. 380 Appendix B E Affidavit of Non-Collusion a N d V To be Executed by the Submitter of this RFP (D U) IN ACCORDANCE WITH THIS REQUEST FOR QUALIFICATION, I CERTIFY THAT OUR o BUSINESS: v a� 1. Does not and will not have a financial interest in any business, property or source a of income, which could be financially affected or otherwise conflict in any manner with the performance of services under this Request for Proposal (RFP); M 2. Has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in d connection with this RFP; and 'a 0 3. Is not currently suspended or debarred from doing business with any government Ln entity. �a I affirm that the above is true and correct to the best of my knowledge under penalty of N 0 CL perjury under the laws of the State of California. ° a` c a 12/7/2011 (D Signature of Authorized Representative Date ° U Q Margaret O. Bustion, President: Code Publishing Company Name and Title of Authorized Representative Business Name x W CD c 9410 Roosevelt Way NE, Seattle, WA 98115 mbustion@codepublishing.com E t Mailing Address Email Address U Q i Packet Pg.381 RFP F-12-06 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 L40 (circle one). If you answered "Yes", please provide detail of said additional costs: c a� E a� d L Q Please indicate any elements of the Proposal Specifications that cannot be met by your firm. None 0 L Have you included in your proposal all informational items and forms as .0 requested? es No _ (circle one). If you answered "No", please explain'. Cn 0 L a c This offer shall remain firm for 90 days from RFP close date. a Terms and conditions as set forth in this RFP apply to this proposal o U Cash discount allowable 0 % days; unless otherwise stated, payment a, terms are: Net thirty (30) days. LO In signing this proposal, Offeror(s) warrants that all certifications and documents N requested herein are attached and properly completed and signed. a 0 L 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 c Addenda was/were received. N Verification of Addenda Received a' W Addenda No: 1 Received on: 11/17/2011 0 Addenda No: 2 Received on: 11/28/2011 Q Addenda No: 3 Received on: 11/29/2011 , FIRM NAME: Code Publishing Company w ADDRESS: 9410 Roosevelt Way NE w C Seattle WA 98115 E Phone: 800-551-2633 / 206-527-6831 Email: mbustionCcodepublishing.com w w Fax: 206-527-8411 a Authorized Signature: 31 Packet Pg. 382 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 E 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 Q 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 subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform N that portion himself and that he shall perform that portion himself. o .N N d DIVISION OF NAME OF FIRM OR LOCATION o WORK OR CONTRACTOR CITY n. TRADE s N_ No subcontractors used 73 M a. d 0 U Ln Ln R O - CL O Margaret O. Bustion " .Cn `? Print Name &gnature of Bidder N Company Name; Code Publishing Company a. d Address: 9410 Roosevelt Way NE, Seattle, WA 98115 0 a X REJECTION OF BIDS W w The undersigned agrees that the City of San Bernardino reserves the right to E 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. w a 33 Packet Pg.383 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 b day of February, 2012, 2 by and between Code Publishing Inc. ("CONSULTANT") and the City of San Bernardino 3 ("CITY"or"San Bernardino"). 4 E WITNESSETH: 5 a 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 0 7 and in the best interests of the CITY to contract for professional codification services; and N 8 WHEREAS, the City of San Bernardino did solicit and accept bids from available N 9 0 vendors for Municipal Code Codification Services pursuant to RFP F-12-06; and a` 10 WHEREAS, it has been determined that CONSULTANT is the most qualified to 11 N 12 perform said services and that CONSULTANT warrants that they are qualified and will o. a� 13 perform the work in a timely fashion. o v 14 NOW, THEREFORE,the parties hereto agree as follows: LO 15 r 16 J.. Scope of Services. CONSULTANT shall perform the scope of services described and C o 2 17 set forth in Exhibit A, attached hereto and incorporated herein as though set forth in o� 18 full. CONSULTANT shall complete the tasks according to the schedule of LO T 19 performance which is also set forth in Exhibit "A". 20 L 21 2. Additional Services. CONSULTANT shall not be compensated for any services 22 rendered in connection with its performance of this AGREEMENT which are in 23 a addition to or outside of those set forth in this AGREEMENT or listed in Exhibit "A" 24 25 "SCOPE OF SERVICES", unless such additional services are authorized in advance 26 and in writing by the Mayor and Common Council. CONSULTANT shall be 27 compensated for any such additional services in the amounts and in the manner agreed 28 Packet Pg.384: . .c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. to by the Mayor and Common Council. 1 2 3. Compensation and Expenses. 3 A. For the codification services, the CITY shall pay the CONSULTANT an 4 amount which may not exceed$30,645 over the three year contract without the 5 a 6 written consent of the CITY. 7 in B. Subject to any Iimitations set forth in this AGREEMENT, CONSULTANT $ o shall furnish to CITY an original invoice for all work performed and expenses a 9 0 10 incurred. City shall independently review each invoice submitted by the a� c 11 CONSULTANT to determine whether the work performed and expenses y 12 incurred are in compliance with the provisions of this AGREEMENT. In the a. a� 13 ' ° event that no charges or expenses are disputed, the invoice shall be approved 14 and paid. In the event any charges or expenses are disputed by CITY, the Ln 15 16 original invoice shall be returned by CITY to CONSULTANT for correction o { 17 and resubmission within thirty (30) days of receipt of an invoice of any rr u 1$ disputed fees set forth on the invoice. to T 19 20 C. Except as to any charges for work performed or expenses incurred by E e 21 CONSULTANT which are disputed by CITY, CITY will cause 22 CONSULTANT to be paid within thirty (30) days of receipt of E 23 CONSULTANTS invoice. w a 24 25 D. Payment to CONSULTANT for work performed pursuant to this 26 AGREEMENT shall not be deemed to waive any defects in work performed by E 27 CONSULTANT, 28 Packet Pg. 385 8.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 4. Ownership of Documents. All original reports, computer files, files and other 1 2 documents prepared, developed or discovered by CONSULTANT in the course of 3 providing any services pursuant to this AGREEMENT shall become the sole property a� 4 of CITY and may be used, reused or otherwise disposed of by CITY without the L 5 permission of the CONSULTANT. Upon completion, expiration or termination of this N 6 AGREEMENT, CONSULTANT shall turn over to CITY all such original studies, d 7 assessments, reports, data, notes, computer files, files and other documents. With o 0 9 respect to computer files, CONSULTANT shall make available to the CITY, at the 0 L 10 CONSULTANT's office and upon reasonable written request by the CITY, the M 11 N necessary computer software and hardware for purposes of accessing, compiling, � 12 a transferring, and printing computer files. 13 0 U S. Term; Termination. 14 r Ln 15 A. The services set forth in Exhibit "A", shall be for a period of 3 years, M 16 commencing on February 6, 2012 and terminating on January 31, 2015, unless _N 17 previously modified, amended or cancelled by the written mutual consent of W 18 both parties. LO 19 = B. Services may adjusted at an 20 Y be J y point during the contract. Payment to E L 21 CONSULTANT in the amount of 25 percent of the project cost will be paid at c 22 the beginning of the project, 25 percent after the first proof/legal review have r 23 been delivered to the City, and the balance upon Internet setup. Thereafter, a 24 supplementation to the printed and online codes will be invoiced upon service 25 delivery, payable within thirty (30) days thereafter. 26 27 C. CITY may terminate this AGREEMENT, with or without cause, at any time by 28 Packet Pg.386 8.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. giving thirty (30) days written notice of termination to CONSULTANT. In the 1 2 event such notice is given, CONSULTANT shall cease immediately all work 3 in progress. c d 4 E D. CONSULTANT may terminate this AGREEMENT at any time upon thirty 5 a 6 (30) days written notice of termination to CITY. a 7 co E. Upon termination of this AGREEMENT by either CONSULTANT or CITY, 8 0 all property belonging exclusively to CITY which is in CONSULTANT' U) 9 ' o 10 possession shall be returned to CITY. CONSULTANT shall furnish to CITY a. c 11 a final invoice for work performed and expenses incurred by 0 a' 12 CONSULTANT, prepared as set forth in SECTION 2 of this AGREEMENT. 13 0 This final invoice shall be reviewed and paid in the same manner as set forth 14 1* Ln 15 in SECTION 2 of this AGREEMENT. M 16 0 6. Contractor Non-Compliance. .�, 17 18 A. If the CITY determines that there are deficiencies in the performance of this to T a 19 Agreement, the CITY, will provide a written notice to the CONSULTANT E 20 stating the deficiencies and specifying a time frame to correct the specified 21 deficiencies. This time frame shall be reasonable, as determined by the CITY, 22 E to correct the specified deficiencies. 23 w a 24 B. Should the CONSULTANT fail to correct any deficiencies within the stated 25 time frame,the CITY, may exercise the following measures: s 26 27 28 Packet Pg.387 8.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1. Deduct from the CONSULTANT'S payment the amount necessary to 1 2 correct the deficiency, including CITY overhead costs and impose a 3 deficiency deduction. , c a� 4 E 2. Withhold the entire or partial payment. 5 a N 6 3. Terminate the contract and award to second bidder. 7 Un 7. Indemnity. CONSULTANT shall defend, indemnify, and hold harmless the CITY, its = $ o .N 9 officers, employees and agents from any claims, demands, lawsuits, liabilities, o L 10 judgments, or expenses, including attorney's fees, damage to property or injuries to or 11 death of any person or persons or damages of any nature including, but not limited to, 12 a' all civil claims or workers' compensation claims, to the extent arising out of, 13 0 14 pertaining to, or related to the negligence, recklessness, or willful misconduct of Ln 15 CONSULTANT, its employees, agents or subcontractors in the performance of this M 16 Agreement, except that such duty to defend, indemnify, and hold harmless shall not °- 2 17 apply to the extent where injury to person or property is caused solely by CITY'S 18 LO negligence, recklessness or willful misconduct. CONSULTANT hereby waives any 19 and all rights to any types of express or implied indemnity against the CITY, its E 20 L 21 elected officials, employees, agents or representatives, with respect to third party t°. 22 claims against the CONSULTANT relating to or in any way connected with the E t f r23 accomplishment of the work or performance of services under this Agreement. Q f 24 25 8. Insurance. While not restricting or limiting the foregoing, during the term of this 26 Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, 27 general and automobile liability insurance, in the amount of$1,000,000.00 combined p 28 Packet Pg.388 r I 8.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1 single limit, and statutory worker's compensation coverage, and shall file copies of 2 said policies with the CITY's Risk Manager prior to undertaking any work under this 3 Agreement. CITY shall be set forth as an additional named insured in each policy of c a� 4 insurance provided hereunder. The Certificate of Insurance furnished to the CITY d L S shall require the insurer to notify CITY in writing of any change or termination in the Q N 6 policy 30 days' notice prior to any change or termination of policy. 7 Cn 8 9. Non-Discrimination. In the performance of this Agreement and in the hiring and c W 9 recruitment of employees, CONSULTANT shall not engage in, nor permit its officers, to 0 L a. 10 employees or agents to engage in, discrimination in employment of persons because of c 11 their race, religion, color, national origin, ancestry, age, mental or physical disability, 12 a medical conditions, marital status, sexual gender or sexual orientation, or any other � 13 0 U status protected by law. 14 15 10. Independent Contractor. CONSULTANT shall perform work tasks provided by this M 16 Agreement, but for all intents and purposes CONSULTANT shall be an independent o 17 contractor and not an agent or employee of the CITY. CONSULTANT shall secure, 18 LO at its expense, and be responsible for any and all payment of Income Tax, Social 19 Security, State Disability Insurance Compensation, Unemployment Compensation, E 20 21 and other payroll deductions for CONSULTANT and its officers, agents, and � c 22 employees, and all business licenses, if any are required, in connection with the E t 23 services to be performed hereunder. a 24 ZS 11. Standard of Performance. CONSULTANT represents and warrants that it has the 26 qualifications, experience and facilities necessary to properly perform the services 27 required under this AGREEMENT in a thorough, competent and professional manner. 28 Packet Pg.389 8.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1 CONSULTANT shall at all times faithfully, competently and to the best of its ability, 2 experience and talent, perform all services described herein. In meeting its obligations 3 under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally c a� 4 accepted standards and practices utilized by persons engaged in providing services 5 a similar to those required of CONSULTANT under this AGREEMENT. y 6 12. Business Re istration Certificate and Other Requirements. CONSULTANT 7 co warrants that it possesses or shall obtain and maintain a business registration o 8 9 certificate pursuant to Chapter S of the Municipal Code, and any other licenses, a 0 L 10 permits, qualifications, insurance and approval of whatever nature that are legally c 11 required of CONSULTANT to practice its business or profession. Z 12 a I3. Notices. Any notices to be given pursuant to this Agreement shall be deposited with d 13 0 U the United States Postal Service, postage prepaid and addressed as follows: 14 15 TO THE CITY: City of San Bernardino LO 300 North"D" Street, 6th Floor c 16 San Bernardino, CA 92418 00 0 17 Telephone: (909) 384-5140 > 0 Attention: City Manager's Office W 18 T 19 TO THE CONSULTANT: Code Publishing Inc. E 20 9410 Roosevelt Way NE L 21 Seattle, WA 98115 Telephone: (206) 527-6831 a 22 Attention: Margaret Bustion E 23 r a 24 14. Authority to Execute. The person or persons executing this AGREEMENT on behalf 25 of CONSULTANT represents and warrants that he/she/they has/have the authority to 26 so execute this AGREEMENT and to bind CONSULTANT to the performance of its 27 28 Packet Pg.390 �rar PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1 obligations hereunder. The City Council of the City of San Bernardino has authorized 2 the undersigned to execute this AGREEMENT. 3 15. Binding Effect. This AGREEMENT shall be binding upon the heirs, executors, a� 4 administrators, successors and assigns of the parties. d L 5 16. Attorneys' Fees. In the event that litigation is brought by any party in connection with a 6 this Agreement, the prevailing party shall be entitled to recover from the opposing 7 Cn party all costs and expenses, including reasonable attorneys' fees, incurred by the o 8 9 prevailing party in the exercise of any of its rights or remedies hereunder or the 0 L 10 enforcement of any of the terms, conditions or provisions hereof. The costs, salary M 11 and expenses of the City Attorney and members of his office in enforcing this 12 a Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the a 13 0 U purposes of this paragraph. 14 � 15 17. Assignment. CONSULTANT shad not voluntarily or by operation of law assign, LO M 16 transfer, sublet or encumber all or any part of the CONSULTANT's interest in this g N 17 Agreement without CITY's prior written consent. Any attempted assignment,transfer, 18 Iq subletting or encumbrance shall be void and shall constitute a breach of this r 19 Agreement and cause for the termination of this Agreement. Regardless of CITY's d 20 L 21 consent, no subletting or assignment shall release CONSULTANT of 22 CONSULTANT's obligation to perform all other obligations to be performed by E t U 23 CONSULTANT hereunder for the term of this Agreement. a 24 18. Continuity of Personnel. CONSULTANT shall make every reasonable effort to 25 26 maintain the stability and continuity of CONSULTANT'S staff assigned to perform the 27 services required under this AGREEMENT. CONSULTANT shall notify CITY of any 28 Packet Pg.391 8.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL QCODE CODIFICATION SERVICES. 1 changes in CONSULTANT'S staff assigned to perform the services required under this 2 AGREEMENT,prior to any such performance. 3 19. Waiver. Waiver by any party to this AGREEMENT of any term, condition, or c d 4 covenant of this AGREEMENT shall not constitute a waiver of any other term, L 5 condition, or covenant. Waiver by any party of any breach of the provisions of this a N 6 , AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of 7 cn 8 any subsequent breach or violation of any provision of this AGREEMENT. o 9 Acceptance by CITY of any work or services by CONSULTANT shall not constitute a 0 L 10 waiver of any of the provisions of this AGREEMENT. c 11 ' '20. Venue. The parties hereto agree that all actions or proceedings arising in connection co 12 a. with this Agreement shall be tried and litigated either in the State courts located in the 13 0 U County of San Bernardino, State of California or the U.S. District Court for the Central 14 LO 15 District of California, Eastern Division. The aforementioned choice of venue is M 16 intended by the parties to be mandatory and not permissive in nature. o .N 17 21. Governing Law. This Agreement shall be governed by the laws of the State of 18 California. LO 19 22. Successors and Assigns. This Agreement shall be binding on and inure to the benefit d 20 L 21 of the parties to this Agreement and their respective heirs, representatives, successors, c 22 and assigns. s 23 23. Headings. The subject headings of the sections of this Agreement are included for the Q 24 purposes of convenience only and shall not affect the construction or the interpretation 25 of any of its provisions. 26 27 28 Packet Pg.392 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1 24. Severability. If any provision of this Agreement is determined by a court of 2 competent jurisdiction to be invalid or unenforceable for any reason, such 3 determination shall not affect the validity or enforceability of the remaining terms and c a� 4 provisions hereof or of the offending provision in any other circumstance, and the Q L 5 remaining provisions of this Agreement shall remain in full force and effect. Q N 6 25. Entire Agreement; Modification. This Agreement constitutes the entire agreement 7 cn and the understanding between the parties, and supersedes any prior agreements and o 8 0 9 understandings relating to the subject manner of this Agreement. This Agreement may 0 0 L 10 be modified or amended only by a written instrument executed by all parties to this 11 Agreement. N 12 a' 26. Cooperation By City. All public information, data, reports, records, and maps as are 13 0 U existing and available to CITY as public records, and which are necessary for carrying rn 14 1* LO 15 out the work as outlined in the Exhibit "A" "SCOPE OF SERVICES", shall be M 16 furnished to CONSULTANT in every reasonable way to facilitate, without undue g .N 17 delay, the work to be performed under this AGREEMENT. 18 27. Contents of Request for Proposal and Pro osal. CONSULTANT is bound by the r 19 contents of City's Request for Proposal, RFP No F-12-06, which is attached hereto and E 20 21 incorporated herein by this reference. In the event of conflict, the requirements of c 22 City's Request for Proposals and this Agreement shall take precedence over those U 23 contained in the Consultant's proposals. Q 24 111 25 26 27 28 Packet Pg. 393 8.A.c PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND CODE PUBLISHING, INC., TO PROVIDE MUNICIPAL CODE CODIFICATION SERVICES. 1 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and 2 date set forth below. 3 Dated: 72012 CODE PUBLISHING, INC. 4 ' By: 5 Name: a 6 Title: i 7 p f0 8 _O N 9 N w O L 10 11 N Dated ,2012 CITY OF SAN BERNARDINO - 12 By: -(D a. 13 ! Charles E. McNeely, City Manager c0 14 Ln 15 Approved as to Form: M 16 JAMES F. PENMAN, o City Attorney .N 17 ' 18 By: "° tom CD q 19 d 20 21 Y 22 E 23 Q 24 25 26 27 28 Packet Pg. 394