HomeMy WebLinkAbout07.A- City Manager 7.a
RESOLUTION (ID# 1373) DOC ID: 1373 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Request for Proposal
From: Charles McNeely M/CC Meeting Date: 11/07/2011
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 Authorizing the
Issuance of a Request for Proposal for Municipal Code Codification Services.
Financial Impact:
Based on preliminary staff research, the cost per page for Republication/Recodification will be
somewhere between $15 to $18 per page based on the number of words on a page and the
number of printed copies. The total cost for codification services may range between$20,000 to
$25,000. The annual cost estimate for ongoing supplement and electronic publishing and internet
services may range from $5,000 to $7,500, depending on the number of supplement pages.
Funding in the amount of$40,000 is available in the City General Government Budget for the
update of the Municipal Code.
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 expenses incurred,but not yet processed.
Motion: That said resolution be adopted.
Synopsis of Previous Council Action:
None.
Background:
The City Manager's Office has prepared a Request for Proposal (RFP) seeking professional
codification services for the ongoing maintenance and publication of the City's Municipal Code
and ordinances. The scope of services being sought include: Republication/Recodification of the
Charter and Municipal Code, Code Analysis and Review, Code Supplement Services, Electronic
Publishing and Internet Services.
Codification services will entail a complete review of the Charter and Municipal Code to
reformat, edit, proof, republish in print and electronic versions, and examine ordinances.
Supplement services include codifying newly adopted legislation on regularly scheduled
intervals so that the Code continues to be up-to-date and accurate. For easy access, a searchable
Updated: 11/3/2011 by Mayra Ochiqui B
Packet Pg.677
7.A
1373
version of the Code and supplemental pages will be available on the internet. Additionally, the
Codifier will manage the sale and distribution of the Code to subscribers.
The City of San Bernardino is responsible for maintaining its laws in a current and
comprehensive format for residents to easily access and use. The Code should support police and
other enforcement officials as a practical and efficient tool enabling them to enforce the laws
consistently and accurately. The Municipal Code has not been substantially reviewed or
recodified by outside sources in over 20 years. This is an opportunity for the City to revitalize
and clean up the existing Code. Recodification and a thorough review are essential to ensure that
the Code is a reliable and accurate. State laws may have changed or been adopted that have
created inconsistency in the Code. The Codifier will remove outdated or incorrect references,
obsolete language, and identify any conflicts or discrepancies to eliminate confusion and ensure
accurate interpretation of the laws. The Codifier will provide a code analysis report which will
include relevant statutory or case citations and recommendations for corrective measures for
review by the City Attorney's Office.
Currently, the Municipal Code is codified, indexed, and published by the City Attorney's Office.
The City Attorney's and City Clerk's offices are responsible for proofreading, printing, and
distributing the supplement pages. The Charter provides that the City Attorney is responsible for
drafting proposed ordinances and resolutions. Tasks related to the codification process are not
specifically enumerated. Charter cities such as the City of Los Angeles, Long Beach, and
Oakland,where a City Attorney is elected,use outside codification services.
Provided in Table 1.0 below is the quarterly supplement distribution schedule for the Code.
Shown in Table 1.1 is the Code supplement distribution history from 2008 through 2011. Over
the last three years the distribution of the Code has been irregular. The last supplement of new
and amended ordinances was distributed eight months ago on February 1, 2011, which covered
the period of July 1, 2010 through September 30, 2010. By utilizing codification services, the
City will be able to promptly provide subscribers with quarterly supplements while reducing the
time departments devote to this activity. This will relieve the City Attorney's Office of this
responsibility. Additionally, the City can minimize costs by utilizing electronic supplements and
only printing the Code on an as needed basis.
Table 1.0 Code Supplement Distribution Schedule
Time Period Distribution Date
1/1 to 3/31 4/1
4/1 to 6/30 7/1
7/1 to 9/30 10/1
10/1 to 12/31 1/1
Table 1.1 Code Supplement Distribution History from 2008 through 2011
Time Period Distribution Date Note
1/2008 to 3/31/2008 4/2008 on schedule
Updated: 11/3/2011 by Mayra Ochiqui B
Packet Pg. 678
7.A
1373
4/2008 to 6/30/2008 7/2008 on schedule
7/2008 to 9/30/2008 11/2008 1 month behind schedule
10/2008 to 12/31/2008 9/2009 8 months behind schedule
1/2009 to 3/31/2009 9/2009 5 months behind schedule
4/2009 to 6/30/2009 9/2009 2 months behind schedule
7/2009 to 9/30/2009 10/2009 on schedule
10/2009 to 12/31/2009 1/2010 on schedule
1/2010 to 3/31/2010 3/23/2010 1 week ahead of schedule
4/2010 to 6/30/2010 2/2011 7 months behind schedule
7/2010 to 9/30/2010 2/2011 4 months behind schedule
10/2010 to 12/31/2010 Not yet distributed 9 months behind schedule
1/2011 to 3/31/2011 Not yet distributed 6 months behind schedule
4/2011 to 6/30/2011 Not yet distributed 3 months behind schedule
7/2011 to 9/30/2011 Not yet distributed Due this month
Under a contract with an outside vendor, the production schedule for codification services and
review may take anywhere from five to six months to complete. The turnaround time for ongoing
supplement services would be 30-45 days. A three-year contract with guaranteed pricing is
recommended. This will ensure that the Charter and all codes remain current and that pricing for
these services will continue to be the same for the duration of the contract.
l
Proposals will be evaluated by a selection committee comprised of City staff representing the
City Clerk's Office, the City Manager's Office, the City Attorney's Office, and the Community
3
Development Department. The selection committee will determine the firms to be chosen for
further consideration based on the following criteria: fee proposal for services, project approach,
quality of product/samples, and the experience and qualifications of the firm and of key
individuals who would be assigned to work with the City. The recommendation will be
submitted to the Mayor and Common Council for final approval and award of the contract.
City Attorney Review:
Supporting Documents:
Resolution Codification Services (DOC)
RFP Codification Services (PDF)
RFP Appendix A Sample Vendor Service Agreement (PDF)
RFP Appendix B Affidavit of Non-Collusion (PDF)
RFP Appendix C Quotation Sheet (PDF)
RFP Appendix D Municipal Code Sample (PDF)
i
Updated: 11/3/2011 by Mayra Ochiqui B
Packet Pg. 679
ME
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A REQUEST FOR
3 PROPOSAL FOR MUNICIPAL CODE CODIFICATION SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
it
7 SECTION 1. The City Manager of the City of City San Bernardino is hereby in
0
8 authorized to issue a Request for Proposal (RFP), to solicit proposals for professional
9 codification services; and o
U
10 SECTION 2. The scope of codification services being sought includes: o
11
Republication/Recodification of the Charter and Municipal Code, Code Analysis and Review, 2-
12 •_
13 Supplement Services, Electronic Publishing and Internet Services; and g
M
14 SECTION 3. The RFP is to be issued on November 14, 2011 with a deadline of M
15 receipt of proposals on December 12, 2011; and
16
SECTION 4. Proposals will be reviewed by a selection committee comprised of City co
17 s
staff representing the City Clerk's, City Manager's, City Attorney's offices and the
18
Community Development Department. The proposals that provide the best overall services, 0
19
20 based upon the evaluation criteria, and are cost effective will be submitted to Mayor and 2
0
21 Common Council for final approval and award of the contract; and
22 SECTION 5. Funding in the amount of $40,000 is available in the City General
E
23 Government Budget for the update of the Municipal Code.
24 a
25
26
27
28
Packet Pg. 680
7.A.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A REQUEST FOR
2 PROPOSAL FOR MUNICIPAL CODE CODIFICATION SERVICES.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting
a�
6 thereof, held on the day of , 2011, by the following vote,to wit:
7 W
Council Members: AYES NAYS ABSTAIN ABSENT
8 R
9 MARQUEZ
0
U
10 JENKINS
0
11
BRINKER a
12
SHORETT
13
M
14 KELLEY
M
r
15 JOHNSON a
16 MCCAMMACK N
17
r
18
Rachel G. Clark, CMC, City Clerk o
19
The foregoing resolution is hereby approved this day of , 2011.
20
0
21
22 Patrick J. Morris, Mayor
City of San Bernardino s
23
w
24 Approved as to form: a
JAMES F. PENMAN,
25 City Attorney
26 By.
27
28
Packet Pg. 681
7.A.b
m
U
L
W
an Bernar Ino C/)_
0
SM
f6
U
O
U
REQUEST FOR PROPOSALS (RFP)
0
U
for
U
Municipal Code Codification Services
M
for the City of San Bernardino, California
U
L
O
N
G
O
U
O
v
a
LL
RFP Number: F-12-06
December 12, 2011 E
v
a
Packet Pg. 682
Table of Contents
Section Page
1. Introduction............................................................................................................................. 1
Ul
d
2. Scope of Services................................................................................................................... 1
d
Cn
3. Projected Timeline for the RFP...............................................................................................5 c
4. Addenda and Interpretation ....................................................................................................5
�o
5. Submission Procedures..........................................................................................................6 °
U
m
6. RFP Contents.........................................................................................................................6 0
7. Selection Process and Criteria................................................................................................8 a
8. Right to Reject All Proposals..................................................................................................9
9. Insurance Requirements.........................................................................................................9 ti
M
r
10. Consultant Agreement........................................................................................................ 10
CD
U
a�
CO
Appendices =
- o
w
ca
Appendix A: Sample Vendor Service Agreement
0
Appendix B: Affidavit of Non-Collusion U
a
U_
Appendix C: Quotation Sheet
c
d
Appendix D: Sample Municipal Code t
0
r
a
i
Packet Pg.683'
7.A.b
RFP F-12-06
Municipal Code Codification Services
CITY OF SAN BERNARDINO
Request for Proposal (RFP)
Municipal Code Codification Services
1. Introduction
The City of San Bernardino is seeking proposals for the republication and recodification of the
City's Charter and Municipal Code. The scope of services shall include: Republication and N
Recodification, Code Analysis and Review, Supplement Services, and Electronic Publishing and
Internet Services. L
v
The Municipal Code and Charter are presently approximately 1,381 pages. Since the last o
supplement was distributed, 33 ordinances have been adopted that need to be codified. The
Code is published on 8 '/2 X 11, double-sided paper with one-column. A full electronic version of
the Municipal Code may be viewed online at: http://www.ci.san-bernardino.ca.us L)
W
Currently, the Municipal Code is codified, indexed, and published by City of San Bernardino City v
Attorney's Office. The City desires to enter into a codification services contract to provide the 75
a
services as defined below. The proposer awarded the contract ("Contractor") shall publish and .2
supplement the Municipal Codes on the San Bernardino website site, in paper and binder
format, and on compact-disc.
M
ti
2. Scope of Services
The Scope of Services is to be used as a general guide and is not intended to be a complete list
of all work necessary to provide the codification services that are the subject of this RFP.
The following tasks are assumed necessary to complete the project. Proposers may suggest a o
modified scope as part of their proposal; provided, the proposer explains how the modified
scope improves on the requirements of the Scope of Services.
`a
0
Proposals should include, but not be limited to, the following services and materials: v
n.
U_
A. Republication/Recodification. The Charter and Municipal Code will be reformatted and
republished as follows.
U
1. Stock. Municipal Code shall be printed on 24# white bond paper. The City may elect
to have the Code printed on both sides. a
2. Page Format. The Contractor shall provide 8-1/2 x 11 samples in 12 pt Arial font, and
a one-column page style. Sample pages provided by the Proposer shall be created
using the Municipal Code provided in Appendix D.
1
Packet Pg. 684
7.A.b
RFP F-12-06
Municipal Code Codification Services
3. Printing. The Contractor shall print five (5) paper copies of the Municipal Code.
Additional copies of the entire Code, or portions thereof, may be ordered by the City as
they are needed.
4. Electronic Copy of Code on CD-ROM. The Contractor shall provide the City with a
copy of the republished code on CD-ROM in MS WORD, or any chosen format
requested by the City.
5. Incorporate Ordinances. The Contractor shall incorporate into the Code, in the
appropriate places, all ordinances enacted subsequent to the last codified ordinance.
The amended or repealed provisions will be removed and the new provisions inserted. U
a�
6. Incorporate Map, Diagram, Chart and Tables Pages. The Contractor shall o
incorporate into the Code, in the appropriate places, all map, diagram, chart and/or 2
table pages as requested by the City. ;U
0
7. Index and Tables. The Contractor shall prepare a new general alphabetical subject v
a)
index, referencing each section of the Code. The Contractor shall use the terminology 'D 0
of the City's ordinances, common synonyms and local terminology or "buzz words"
provided by the City and the Contractor's indexers. The cross-reference style and
format of the index will be set after consultation with the City. The index should be
specifically designed to remain accurate after the Code is supplemented, with minimal
reprinting. Additional tables may be requested by the City. M
M
8. Proofreading. The Contractor shall proofread all materials for accuracy. The
Contractor is responsible for the typographical correctness of the Code. Wording
errors which are discovered after delivery of Municipal Code or supplements shall be
corrected on the next supplement date. U)
c
0
9. Corrections. Any changes made in ordinance text by Contractor shall first be
approved by the City. The Contractor shall submit a list of proposed changes with an
explanation as to why Contractor believes the correction is necessary.
a
Code Analysis and Review
c
a�
1. Materials. The Contractor shall organize and review the City's materials, including: E
the City's Charter, Municipal Code, all existing ordinances of a general and permanent
nature. The City will provide legible copies of all materials necessary for the review. Q
2. Charter Comparison. If applicable, the Code and ordinances will be compared
against the Charter and Charter amendments to identify conflicts or discrepancies
between provisions, language, inaccuracies, duplications and conflicts with other
ordinances.
2
Packet Pg. 685
7.A.b
RFP F-12-06
Municipal Code Codification Services
3. Statutory and Case Law Comparison. Every Ordinance and Code provision will be
compared against state statutes and current, relevant, federal and state case laws to
identify conflicts, inconsistencies, preemptions and other potential problems.
4. Internal Comparison. The Code and ordinances will be examined for internal
discrepancies such as outdated fees, vague or awkward language.
5. Report. The results of the above will be presented to the City in a written report for
review at the convenience of the City's representatives. Where conflicts, problems or
inconsistencies are noted, the Contractor's attorneys will include relevant statutory or 7
case citations, plus specific recommendations for corrective measures.
a�
B. Supplement Services. The Contractor shall provide ongoing updates for the City, on a c
quarterly schedule. Ordinances shall be forwarded to the Contractor as they are
adopted. Prior to beginning a regularly scheduled supplement, the Contractor will contact
the City to confirm that the Contractor has received all the necessary ordinances. The o
Contractor's editors shall prepare each supplement by completing the following steps:
-a
0
U
1. Editing. The Contractor shall organize the new ordinances by subject and will insert
all amendments into their proper places in the Code text. Provisions that have been
.2
repealed will be deleted from the Code text. _
2. Update Related Parts. All history notes, tables, cross-references and index entries r>
will be updated to reflect the new material.
3. Update Map, Diagram, Chart and Table Pages. The Contractor shall update map,
diagram, chart and table pages to reflect new material.
rn
4. Publish Supplement Pages. The revised pages shall be typeset to match the style o
and format of the Code. The supplement will be printed in the quantity specified by
the City. _
0
U
5. Insertion Guide. Each supplement shall include a page with instructions for a
U_
inserting the new pages and removing obsolete ones.
:r
6. Electronic Copy of Code on CD-ROM. The Contractor shall provide the City with E
one copy of the revised code on CD-ROM in MS WORD after each supplement.
r
Q
7. Frequency. The City may choose to change the supplement interval at any time
from quarterly to an "as-needed" basis.
C. Electronic Publishing & Internet Services. Contractor shall create a searchable
Internet database for posting on Contractor's website with a link to the City's site. As the
3
Packet Pg. 686
7.A.b
RFP F-12-06
Municipal Code Codification Services
Code is updated, the Contractor shall post the changes to Municipal Code on the
Internet at the same time that the Contractor sends the City's printed supplements. On-
line service shall provide the user with the option of viewing and printing the Code by
either chapter or section. The Contractor shall provide their website address so the City
may view the searchable Internet database. No license shall be required for the browse
and search options.
1. Online Code updating service. Fees in this category, if any, should indicate
whether the price proposal is a one-time or annual cost. The Contractor shall provide
the City with information on any service they provide that notifies the user when a
U
Code section has been amended and provides a list of ordinances that have been
passed, but not yet incorporated into the code. The Contractor shall provide the City
with a demonstration CD-ROM or website address where their service can be o
viewed.
U
=o
2. Code on CD-ROM. The Contractor shall provide an electronic copy of the Code on 0
CD after the initial publication and future supplements. The CD will contain the
entire updated code in MS Word format and PDF files of the exact images of the U
republished code and/or future supplement pages. No additional software licenses a
shall be required to use the CD.
.E
D. Other Services.
M
1. Binders and Tabbed Divider Pages. The Contractor shall provide customized D-
Ring binders and tabbed divider pages designating the individual titles. Binders will be a
imprinted on the cover and spine with an appropriate title. The Contractor shall add a
seal to the binder covers. in
c
0
2. Reprints. Fees in this category should indicate extra cost for additional copies of
individual code titles such as zoning and traffic with separate binders. w
=a
0
F. Sale of Code. Municipal Codes, their binders and generic binders shall be available for v
a
sale directly from the Contractor through the Contractor's Web site or a toll-free u_
telephone number. Contractor shall make Municipal Codes available for sale without
binders at the normal cost less the cost of the binder. Contractor shall keep an inventory °'
E
of up-to-date Municipal Codes so that new purchasers shall be able to purchase a -0
U
Municipal Code which is current at the time of purchase. All offers of subscriptions for Q
supplementation of the Municipal Codes ("Supplement Subscriptions") shall clearly
describe the period of time during which the supplementation service will be provided.
The Contractor shall mail any renewal notices to subscribers at least thirty (30) days
prior to the expiration date of the term of the subscription, and the notice should provide
the expiration date of the current subscription.
4
Packet Pg. 687
7.A.b
RFP F-12-06
Municipal Code Codification Services
The number of paper copy Code sales may vary from year to year. The following table
shows the number of City and outside subscribers in 2009 and 2011.
San Bernardino Subscribers
City City Outside Outside
Subscribers Subscribers Subscribers Subscribers
2009 2011 2009 2011
129 123 7 5
VJ
W
G. Schedule for Completion. The Contractor shall include a production schedule for the
republication project; an estimated delivery schedule for the Code analysis and review; an in
estimated turnaround time for on-going supplement service. 0
w
H. Terms. This agreement shall have an initial term of three years. The proposed pricing for
these services must be valid for the entire period indicated in the contract terms. 0
Q
The City may terminate services, with or without cause, at any time by giving thirty (30) 0
days written notice of termination to Contractor. In the event such notice is given, the
Contractor shall cease immediately all work in progress. The Contractor may terminate 2-
services at any time upon thirty (30) days written notice of termination to City.
3. Projected Timeline for the RFP
The following is the projected timeline for the RFP process:
Release RFP November 14, 2011 0
Proposal Deadline December 12, 2011 in
Evaluate Proposals December 19, 2011 0
Interviews (if necessary) Hanuary 3, 2012 0
Award Contract anuary 23, 2012 0
U
a.
U.
W
The City of San Bernardino reserves the right at its sole discretion to extend any of the actual or a.
proposed dates in the Projected Timeline applicable to all firms. The City of San Bernardino E
also reserves the right, at its sole discretion, to terminate this RFP process at any time.
�a
r
4. Addenda and Interpretations c(
The City may issue an Addenda to the RFP that shall, upon issuance, become part of the RFP
and will be binding upon all potential or actual firms and individuals that have submitted
proposals in response to the RFP. Such Addenda may be issued in response to requests for
interpretation or clarification received from potential RFP Submitters, or for other reasons. Any
5
Packet Pg.688
7.A.b
RFP F-12-06
Municipal Code Codification Services
request for interpretation or clarification of any documents included in the RFP or any other
question must be submitted in writing to Heidi Aten, City Manager's Office, City of San
Bernardino, by email (Aten_He @sbcity.org). To be given consideration, any such written
request must be received by 5:00 PM Pacific Time, December 5, 2011. Please include the
email address that you wish Addenda to be addressed to.
Addenda, if any, will be mailed and/or emailed to all firms or persons who submitted a received
a copy of the RFP from the City of San Bernardino.
Failure of any RFP proposer to receive any such Addenda shall not relieve such RFP Submitter
from any conditions stipulated in such Addenda. Only questions answered or issues addressed
by formal written Addenda will be binding. All oral and other responses, statements, °'
Cn
interpretations or clarifications shall be without legal effect and shall not be binding upon the o
City. Proposers must acknowledge receipt of any and all Addenda in their RFP submissions.
U
5. RFP Submission Procedures
0
Sealed proposals must be received by 5:00 p.m., on December 12, 2011. Postmarks will not
be considered in judging the timeliness of submissions. All proposals shall be addressed to: 0
v
M
City of San Bernardino 2-
U
300 North D Street
City Manager's Office - 6th Floor
Attn: Heidi Aten
San Bernardino, CA 92418
a�
U
Each firm submitting an RFP must submit one (1) original signed by an authorized individual of
the Submitter, five (5) copies, and one (1) electronic copy in PDF format (CD or DVD). c
RFPs must include a signed copy of Appendix B.
U
Each submittal shall be enclosed in a sealed envelope that shall be clearly marked "Request for c
Proposal for Municipal Code Codification Services (RFQ No. F-12-06)." v
a
U-
6. RFP Contents
r
c
Firms interested in responding to this RFP must submit the information in the order listed below. 0
E
s
6.1 Title Page
Title page shall include the title and number of the RFP, the name of the Proposer, and the date a
the RFP is submitted.
6.2 Cover Letter
The RFP must include a cover letter containing the name, title, address, telephone number, fax
6
[Packet Pg. 689
7.A.b
RFP F-12-06
Municipal Code Codification Services
number, and email address of the Proposer and the principal contact person. The letter must be
signed by a person authorized by your firm to obligate your firm to perform the commitments
contained in the proposal.
6.3 Project Approach
Describe the services and activities that your firm proposes to provide to the City. Discuss the
overall scope of work tasks, including publishing and supplementation process and format.
6.4 Quality of Product/Samples
Prepare and submit a code sample, both in paper and Internet format, based on the San
Bernardino Code sample shown here as Appendix D; Prepare and submit a sample of your editing
and proof reading work; Prepare and submit a statement of the level of proofreading proposed; i.e.,
Cn
what types of errors would be highlighted in your form's proofreading process. o
6.5 Qualifications and Experience
Provide information on your firm's background, qualifications, and size. Give a brief description of 0
three projects similar in size, scope and frequency of supplementation prepared by your firm a
including city or county contacts with telephone numbers as references, staff members who 0
worked on each project, budget and price information, schedule and project summary. Descriptions
a
should be limited to one page for each project.
.E
6.6 Team Qualifications
Provide a list identifying each key person on the project team. Provide a description of project rM.
team members' role, experience, and qualifications, including brief resumes if necessary.
a�
6.7 References
Provide references for the lead consulting firm, lead project manager, and all sub consultants, if
any, including the name, address and telephone number of at least three (3) but no more than o
five (5) recent clients (preferably other public agencies). M
v
Fee Proposal o
U
The City anticipates awarding contract to the firm that it considers will provide the best overall a.
services and cost effective price. Provide a fee proposal, refer to the quotation sheet Appendix C,
that includes the following: c
CD
E
t
• Republication/Recodification Cost
r
• Future Supplement Cost Q
• Code Analysis and Review
• Electronic Publishing and Internet Services
• Online Code Update Service
• Additional Services
7
Packet Pg. 690
7.A.b
RFP F-12-06
Municipal Code Codification Services
6.9 Affidavit of Non-Collusion
The RFP must include a signed copy of Affidavit of Non-Collusion (Appendix B) for each
participating firm(s) or business partner(s) included in the submitted RFP.
7. Selection Process and Criteria
This section describes the guidelines used for analyzing and evaluating the various proposals. In
an effort to reach a decision concerning the best—qualified proposals, it is the City's intent to award
this contract to the firm that will provide the best overall service to the City inclusive of fee
considerations. The City reserves the right to accept other than the lowest price offer and reject all
proposals that are not responsive to this request. U
W
Proposals will be evaluated by a selection committee comprised of City staff, who will determine Cn
the firms selected for further consideration, based on an evaluation of the proposals using the 2
criteria listed below. The final recommendation will be submitted to the Mayor and Common
Council who will make the final approval for the award of the contract. The City reserves the right o
to evaluate all factors it deems appropriate, whether or not such factors have been included in this U
section.
0
U
7.1 Minimum Qualifications a
.2
Each proposer must have had at least five (5) years experience in publishing, editing,
supplementing and distributing state, county, municipal codes in both paper copy and online.
Any proposal that does not demonstrate that the proposer meets these minimum requirements
by the deadline for submittal of proposals will be considered non-responsive and will not be
eligible for award of the contract.
a�
The City intends to evaluate the proposals generally in accordance with the criteria itemized Cl)
below. _
0
7.2 Scoring Criteria Points
Possible a
0
U
Fee proposal for services 25 OL
X
Project approach 15 w
c
a�
Quality of Product/Samples 35
U
Experience and qualifications of firm and of key individuals(s) who would be f4 Q
assigned to work with the City 25
Total Possible Points 100
Upon completion of the review and evaluation of the proposals, the City may choose to conduct
8
Packet Pg. 691
7.A.b
RFP F-12-06
Municipal Code Codification Services
interviews with Proposers as deemed necessary. The Proposer shall bear the cost of
participation in presentations and/or interviews at the City's offices, including travel expenses,
with no reimbursement from the City.
7.3 RFP Evaluation
All proposals received will be evaluated by City staff in accordance with the above criteria. The
proposals judged by staff to best meet the criteria will be submitted to the Mayor and Common
Council for consideration and selection.
The City of San Bernardino is an Equal Opportunity and Affirmative Action employer and does a
not discriminate in its hiring, employment, contracting, or business practices. The City is L
committed to complying with the Americans with Disability Act of 1990 (ADA) and does not
discriminate on the basis of disability in admission to, access to, or operation of its programs, o
services, or activities.
U
8. Right to Reject All Proposals o
U
The City of San Bernardino reserves the right to reject all proposals submitted, and no
representation is made hereby that any contract will be awarded pursuant this RFP. All v
costs incurred in the preparation of the proposal and related material, submission of a a
proposal, the submission of additional information, and/or in any other aspect of a proposal .2
prior to the award of a written contract will be borne by the respondent. All proposals and other 3
information submitted to the City of San Bernardino in response to this RFP shall become the
property of the City. M
P
The City reserves the right to withdraw this RFP at any time without prior notice and,
furthermore, makes no representations that any contract(s) will be awarded to any Proposers
responding to this RFP. The City expressly reserves the right to postpone proposal opening for con
its own convenience, to waive any informality or irregularity in the proposals received, and to =
0
reject any and all proposals responding to this RFP without indicating any reasons for such
v
rejection.
The City shall review all proposals to determine which best suits the needs of the City. The City v
reserves the right to reject all proposals for any reason. The City also reserves the right to U-
negotiate with the selected Contractor to clarify details and achieve the best overall code for the
City.
E
9. Insurance Requirements
Contractor shall provide proof of insurance, General Liability, and Automobile Liability; the Q
proposer must provide Professional Liability Insurance coverage Errors and Omissions in
the amount of $1,000,000 per occurrence. The insurance certificate shall contain a provision
that the City shall be given thirty (30) days prior written notice in the event of cancellation or
reduction in coverage.
9
Packet Pg. 692
RFP F-12-06
Municipal Code Codification Services
10. Consultant Agreement
A sample of the City VENDOR SERVICE agreement for services is included (Appendix A).
Contractor's proposal shall contain a statement of the firm's willingness to execute the
contract with an indication of any contractual requirements for which the contractor takes
exception.
Z
d
U
W
Cn
r-
0
cC
v
O
U
d
.a
O
U
.v
c�
n
M
r
d
V
d
co
C
O
R
V
w
O
U
a
LL
c
d
E
w
a
10
Packet Pg.693
7.A.c
Appendix A
SAMPLE VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this the day of January 23, 2012, by
and between XXX ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous 2
and in the best interest of the CITY to contract for Professional codification services; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available 0
vendors for Municipal Code Codification Services per RFP F-12-06; and,
0
WHEREAS, VENDOR is the lowest qualified bidder to provide said services to City; L)
NOW, THEREFORE, the parties hereto agree as follows: �-
.2
'c
1. Scope of Services. VENDOR shall perform the scope of services described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
VENDOR shall complete the tasks according to the schedule of performance which is M
also set forth in Exhibit "A".
a�
E
2. Additional Services. VENDOR shall not be compensated for any services rendered in a,
connection with its performance of this AGREEMENT which are in addition to or outside
of those set forth in this AGREEMENT or listed in Exhibit "A" "SCOPE OF SERVICES",
unless such additional services are authorized in advance and in writing by the City
Cn
Manager in coordination with the Mayor and Common Council. VENDOR shall be o
compensated for any such additional services in the amounts and in the manner agreed
to by the Mayor and Common Council or City Manager. >
a�
3. Compensation and Expenses. Q'
E
A. Subject to any limitations set forth in this AGREEMENT x
a
c
a
B. Each month VENDOR shall furnish to CITY an original invoice for all work CL
performed and expenses incurred during the preceding month. The invoice shall as
detail charges by the following categories: labor (by sub-category), travel,
materials, equipment, supplies, sub-consultant contracts and miscellaneous
expenses. CITY shall independently review each invoice submitted by the E
VENDOR to determine whether the work performed and expenses incurred are
in compliance with the provisions of this AGREEMENT. In the event that no
charges or expenses are disputed, the invoice shall be approved and paid a
according to the terms set forth in subsection. In the event any charges or
expenses are disputed by CITY, the original invoice shall be returned by CITY to
VENDOR for correction and resubmission within thirty (30) days of receipt of an
invoice of any disputed fees set forth on the invoice.
Packet Pg. 694
■ r
7.A.c
C. Except as to any charges for work performed or expenses incurred by VENDOR
which are disputed by CITY, CITY will cause VENDOR to be paid within thirty
(30) days of receipt of VENDORS invoice.
D. Payment to VENDOR for work performed pursuant to this AGREEMENT shall
not be deemed to waive any defects in work performed by VENDOR. U
.y
L
U)
4. Inspection and Final Acceptance. CITY may inspect and accept or reject any of o
VENDOR'S work under this AGREEMENT, either during performance or when
completed. CITY shall reject or finally accept VENDOR'S work within Sixty (60) days
after submitted to CITY. CITY shall reject work by a timely written explanation, otherwise v
VENDOR'S work shall be deemed to have been accepted. CITY'S acceptance shall be
conclusive as to such work except with respect to latent defects, fraud and such gross 0
mistakes as amount to fraud. Acceptance of any of VENDOR'S work by CITY shall not m
constitute a waiver of any of the provisions of this AGREEMENT including, but not .2-
limited to, sections 8 and 9, pertaining to indemnification and insurance, respectively.
5. Ownership of Documents. All original studies, assessments, reports, data, notes, M
computer files, files and other documents prepared, developed or discovered by
VENDOR in the course of providing any services pursuant to this AGREEMENT shall =
become the sole property of CITY and may be used, reused or otherwise disposed of by E
CITY without the permission of the VENDOR. Upon completion, expiration or termination L
of this AGREEMENT, VENDOR shall turn over to CITY all such original studies,
assessments, reports, data, notes, computer files, files and other documents. With
respect to computer files, VENDOR shall make available to the CITY, at the VENDOR's
office and upon reasonable written request by the CITY, the necessary computer U)
software and hardware for purposes of accessing, compiling, transferring, and printing �°
computer files.
a�
6. Term; Termination. a
E
A. CITY may terminate this AGREEMENT, with or without cause, at any time by Q
giving thirty (30) days written notice of termination to VENDOR. In the event such x
notice is given, VENDOR shall cease immediately all work in progress.
a
a
B. VENDOR may terminate this AGREEMENT at any time upon thirty (30) days Q
written notice of termination to CITY. a
U-
C. If either VENDOR or CITY fails to perform any material obligation under this
AGREEMENT, then, in addition to any other remedies, either VENDOR, or E
CITY may terminate this AGREEMENT immediately upon written notice.
r
w
a
D. Upon termination of this AGREEMENT by either VENDOR or CITY, all property
belonging exclusively to CITY which is in VENDORS possession shall be
returned to CITY. VENDOR shall furnish to CITY a final invoice for work
Packet Pg. 695
7.A.c
performed and expenses incurred by VENDOR, prepared as set forth in
SECTION 2 of this AGREEMENT. This final invoice shall be reviewed and paid
in the same manner as set forth in SECTION 2 of this AGREEMENT.
7. Contractor Non-Compliance.
A. If the CITY determines that there are deficiencies in the performance of this
Agreement, the CITY, will provide a written notice to the vendor stating the 2-1
deficiencies and specifying a time frame to correct the specified deficiencies. U)
This time frame shall be reasonable, as determined by the CITY, to correct the c
specified deficiencies. R
w
B. Should the VENDOR fail to correct any deficiencies within the stated time c
frame, the CITY, may exercise the following measures: v
d
v
1. Deduct from the VENDOR'S payment the amount necessary to correct U
the deficiency, including CITY overhead costs and impose a deficiency a
deduction. .2
.E
2. Withhold the entire or partial payment. g
3. Terminate the contract and award to second bidder.
M
8. Indemnity. VENDOR shall defend, indemnify, and hold harmless the CITY, its officers, �.
employees and agents from any claims, demands, lawsuits, liabilities, judgments, or
expenses, including attorney's fees, damage to property or injuries to or death of any d
person or persons or damages of any nature including, but not limited to, all civil claims
or workers' compensation claims, to the extent arising out of, pertaining to, or related to a
the negligence, recklessness, or willful misconduct of VENDOR, its employees, agents
or subcontractors in the performance of this Agreement, except that such duty to defend, 2!
indemnify, and hold harmless shall not apply to the extent where injury to person or cn
property is caused by CITY'S negligence, recklessness or willful misconduct. VENDOR o
hereby waives any and all rights to any types of express or implied indemnity against the
CITY, its elected officials, employees, agents or representatives, with respect to third >
party claims against the VENDOR relating to or in any way connected with the a
accomplishment of the work or performance of services under this Agreement. E
9. Insurance. While not restricting or limiting the foregoing, during the term of this Q
Agreement, VENDOR shall maintain in effect policies of comprehensive public, general
and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, a
and statutory worker's compensation coverage, and shall file copies of said policies with C
the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY a
shall be set forth as an additional named insured in each policy of insurance provided U-
hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to
notify CITY of any change or termination in the policy 30 days' notice prior to any change a
or termination of policy. E
s
10. Non-Discrimination. In the performance of this Agreement and in the hiring and Q
recruitment of employees, VENDOR shall not engage in, nor permit its officers,
employees or agents to engage in, discrimination in employment of persons because of
their race, religion, color, national origin, ancestry, age, mental or physical disability,
medical conditions, marital status, sexual gender or sexual orientation, or any other
Packet Pg.696
7.A.c
status protected by law.
11. Independent Contractor. VENDOR shall perform work tasks provided by this
Agreement, but for all intents and purposes VENDOR shall be an independent
contractor and not an agent or employee of the CITY. VENDOR shall secure, at its
expense, and be responsible for any and all payment of Income Tax, Social Security, U
State Disability Insurance Compensation, Unemployment Compensation, and other 2
payroll deductions for VENDOR and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed N
hereunder. _
0
r
M
U
12. Standard of Performance. VENDOR represents and warrants that it has the o
qualifications, experience and facilities necessary to properly perform the services U
required under this AGREEMENT in a thorough, competent and professional manner. o
VENDOR shall at all times faithfully, competently and to the best of its ability, experience
and talent, perform all services described herein. In meeting its obligations under this a
AGREEMENT, VENDOR shall employ, at a minimum, generally accepted standards and •2
practices utilized by persons engaged in providing services similar to those required of '
VENDOR under this AGREEMENT.
M
M
13. Conflicts of Interest.
A. VENDOR covenants that neither it, nor any officer or principal of its firm, has or shall E
acquire any interest, directly or indirectly, which would conflict in any manner with the a
interests of CITY or which would in any way hinder VENDOR'S performance of
services under this AGREEMENT. VENDOR further covenants that in the
performance of this AGREEMENT, no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express cn
written consent of the City Manager. VENDOR agrees to at all times avoid conflicts o
of interest or the appearance of any conflicts of interest with the interests of CITY in
the performance of this AGREEMENT.
B. CITY understands and acknowledges that VENDOR is, as of the date of execution °-
of this AGREEMENT, independently involved in the performance of non-related cn
services for other governmental agencies and private parties. VENDOR is unaware Q
of any stated position of CITY relative to such projects. Any future position of CITY X
on such projects shall not be considered a conflict of interest for purposes of this
section. a
Q
14. Confidential Information: Release of Information a.
U_
A. All information gained or work product produced by VENDOR in performance of this
AGREEMENT shall be considered confidential, unless such information is in the E
public domain or already known to VENDOR. VENDOR shall not release or disclose
any such information or work product to persons or entities other than CITY without
prior written authorization from the City Manager, except as may be required by law. a
B. VENDOR, its officers, employees, agents or subcontractors, shall not, without prior
written authorization from the City Manager or unless requested by the City
Packet Pg. 697
7.A.c
Attorney of CITY, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work
performed under this AGREEMENT. Response to a subpoena or court order shall
not be considered "voluntary" provided VENDOR gives CITY notice of such court
order or subpoena.
C. If VENDOR, or any officer, employee, agent or subcontractor of VENDOR, provides
any information or work product in violation of this AGREEMENT, then CITY shall i
have the right to reimbursement and indemnity from VENDOR for any damages, Cn
costs and fees, including a attorneys' fees, caused by or incurred as a result of o
VENDOR'S conduct. R
D. VENDOR shall promptly notify CITY should VENDOR, its officers, employees, o
agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this v
AGREEMENT and the work performed thereunder. CITY retains the right, but has no Q.
obligation, to represent VENDOR or be present at any deposition, hearing or similar .2
proceeding. VENDOR agrees to cooperate fully with CITY and to provide CITY with
the opportunity to review any response to discovery requests provided by VENDOR.
However, this right to review any such response does not imply or mean the right by
CITY to control, direct, or rewrite said response.
15. Business Registration Certificate and Other Requirements VENDOR warrants that
it possesses or shall obtain, and maintain a business registration certificate pursuant to E
Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications,
insurance and approval of whatever nature that are legally required of VENDOR to
practice its business or profession. Q
16. Notices. Any notices to be given pursuant to this Agreement shall be deposited with the
United States Postal Service, postage prepaid and addressed as follows: o
TO THE CITY: City of San Bernardino
300 North "D" Street, 6th Floor a�
San Bernardino, CA 92418
Telephone: (909) 384-5140 M
Attention: City Manager's Office Q
X
TO THE VENDOR:
17. Authority to Execute. The person or persons executing this AGREEMENT on behalf of Q
VENDOR represents and warrants that he/she/they has/have the authority to so execute U-
this AGREEMENT and to bind VENDOR to the performance of its obligations hereunder.
The Council has authorized the undersigned to execute this AGREEMENT.
E
18. Binding Effect. This AGREEMENT shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties. Q
19. Attorneys' Fees. In the event that litigation is brought by any party in connection with
this Agreement, the prevailing party shall be entitled to recover from the opposing party
all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing
Packet Pg. 698
7.A.c
party in the exercise of any of its rights or remedies hereunder or the enforcement of any
of the terms, conditions or provisions hereof. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the CITY
shall be considered as "attorneys' fees"for the purposes of this paragraph.
20. Assignment. VENDOR shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of the VENDOR's interest in this Agreement without
CITY's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause U)
for the termination of this Agreement. Regardless of CITY's consent, no subletting or o
assignment shall release VENDOR of VENDOR's obligation to perform all other
obligations to be performed by VENDOR hereunder for the term of this Agreement.
0
21. Continuity of Personnel. VENDOR shall make every reasonable effort to maintain the U
stability and continuity of VENDOR'S staff assigned to perform the services required "a 0
under this AGREEMENT. VENDOR shall notify CITY of any changes in VENDOR'S staff
assigned to perform the services required under this AGREEMENT, prior to any such
performance. .2
.E
22. Modification of Agreement. No amendment to or modification of this AGREEMENT
M
shall be valid unless made in writing and approved by the VENDOR and by the City
Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void. c
E
23. Waiver. Waiver by any party to this AGREEMENT of any term, condition, or covenant of
this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this AGREEMENT shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach or
violation of any provision of this AGREEMENT. Acceptance by CITY of any work or
services by VENDOR shall not constitute a waiver of any of the provisions of this o
AGREEMENT. -a
c
a�
24. Venue. The parties hereto agree that all actions or proceedings arising in connection 2
with this Agreement shall be tried and litigated either in the State courts located in the a
County of San Bernardino, State of California or the U.S. District Court for the Central M
Cn
District of California, Eastern Division. The aforementioned choice of venue is intended et
by the parties to be mandatory and not permissive in nature. x
c
25. Governing Law. This Agreement shall be governed by the laws of the State of
California. Q
a
U-
26. Successors and Assigns. This Agreement shall be binding on and inure to the benefit
of the parties to this Agreement and their respective heirs, representatives, successors, c
and assigns.
27. Headings. The subject headings of the sections of this Agreement are included for the
purposes of convenience only and shall not affect the construction or the interpretation a
of any of its provisions.
28. Severability. If any provision of this Agreement is determined by a court of competent
Packet Pg. 699
7.A.c
jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
29. Entire Agreement; Modification. This Agreement constitutes the entire agreement and
the understanding between the parties, and supersedes any prior agreements and
understandings relating to the subject manner of this Agreement. This Agreement may
be modified or amended only by a written instrument executed by all parties to this
Agreement. o
.2
30. Cooperation By City. All public information, data, reports, records, and maps as are
existing and available to CITY as public records, and which are necessary for carrying o
out the work as outlined in the Exhibit "A" "SCOPE OF SERVICES", shall be furnished to U
VENDOR in every reasonable way to facilitate, without undue delay, the work to be
performed under this AGREEMENT. L)
31. Contents of Request for Proposal and Proposal VENDOR is bound by the '2-
contents of City's Request for Proposal, RFP No F-12-06, which is attached hereto
and incorporated herein by this reference. In the event of conflict, the requirements of
City's Request for Proposals and this Agreement shall take precedence over those M
contained in the Consultant's proposals. M
w
C
a)
E
a�
d
L
Q
U
47
L
O
d
ID
M
E
M
4
X
d
CL
Q
a
U-
W
c
a�
E
v
w
.r
a
LIPacket Pg. 700
7.A.c
VENDOR SERVICE AGREEMENT
VENDOR
U
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
Dated: 2011 0
w
R
By: EXHIBIT COPY U
Name:
0
Title: U
Q.
U
.E
0
Cl)
Dated 2011 CITY OF SAN BERNARDINO r
By: EXHIBIT COPY ,
Charles E. McNeely, City Manager
E
Approved as to Form: a
By: EXHIBIT COPY Q
James F. Penman, City Attorney
a�
0
c
m
m
a
E
R
Q
X
�a
c
a�
Q.
a
Q
a
U-
c
a�
E
s
U
0
a
Packet Pg. 701
7.A.c
EXHIBIT A
Schedule of Performance
N
SCOPE OF SERVICES
Activities/Milestones Completion Date N
c
0
Itemized below are the activities/milestones assumed necessary to produce deliverables. The
Contractor shall include a production schedule for the republication project; an estimated
delivery schedule for the Code analysis and review; an estimated turnaround time for on-going 0
v
supplement service.
1. Republication/Recodification Services...............................................................................TBD c0�
Stock �a
Page Format
Printing 3
Electronic Copy of Code on CD-ROM
Incorporate Ordinances r>
Incorporate Map, Diagram, Chart and Tables Pages
Index and Tables
Proofreading a
Corrections E
d
2. Code Analysis and Review Services..................................................................................TBD a,
Materials a
a�
Charter Comparison
Statutory and Case Law Comparison
Internal Comparison L
Report -00
3. Supplement Services.........................................................................................................TBD >
Editing °'
Update Related Parts E
Update Map, Diagram, Chart and Table Pages co
Publish Supplement Pages a
x
Insertion Guide :a
Electronic Copy of Code on CD-ROM d
Frequency Q
a
4. Electronic Publishing and Internet Services.......................................................................TBD o.
Online Code updating service
Code on CD-ROM
5. Other Services...................................................................................................................TBD s
Binders and Tabbed Divider Pages. o
Reprints a
6. Sale of Code......................................................................................................................TBD
Packet Pg.702
7.A.d
Appendix B
Affidavit of Non-Collusion
N
To be Executed by the Submitter of this RPF
L
Q�
_
IN ACCORDANCE WITH THIS REQUEST FOR QUALIFICATION, I CERTIFY THAT OUR
BUSINESS:
w
�a
O
L)
1. Does not and will not have a financial interest in any business, property or source of
income, which could be financially affected or otherwise conflict in any manner with the 0
performance of services under this Request for Proposal (RFP);
2. Has not, directly or indirectly, entered into any agreement, participated in any collusion, or 2
otherwise taken any action in restraint of free, competitive bidding in connection with this
RFP; and
M
3. Is not currently suspended or debarred from doing business with any government entity.
1 affirm that the above is true and correct to the best of my knowledge under penalty of perjury
under the laws of the State of California.
0
U
_
O
Z
O
Signature of Authorized Representative Date Q
m
X
=a
_
a�
a
Name and Title of Authorized Representative Business Name
Q
a
LL
_
Mailing ddress E
g Email Address �
U
r.+
Q
Packet Pg. 703
Appendix C
QUOTATION SHEET
Estimated Pages: 1,381 pages,single column, 12 pt font
Company Name:
REPUBLICATION/RECODIFICATION COST:
Charge per printed page,one-column page style(5 copies)......................................$ y
m
Additional charge for supplement pages at time of republication................................$
U)
Extra charge per page for map, diagram, chart,table pages .....................................$ r_
0
R
Copy of Code on CD-ROM .........................................................................................$
FUTURE SUPPLEMENT COST: 0
V
d
Supplement charge per page......................................................................................$ 0
Extra charge per page for map, diagram, chart, table pages......................................$ Q
.2
Electronic updating service charge..............................................................................$
Copy on CD-ROM after each supplement...................................................................$
ti
M
r
CODE ANALYSIS&REVIEW....................................................................................$
a�
ELECTRONIC PUBLISHING AND INTERNET SERVICES:
c
Creation of searchable database...................................................................................$
ca
0
Initial Set-up Fee........................................................................................................... $ _
Car
U
Internet Annual Storage and Maintenance Fee.............................................................$ x
c
Copy on CD-ROM..........................................................................................................$ �
Q.
0.
ONLINE CODE UPDATE SERVICE: Q
a
U_
Monthlyupdating charge...............................................................................................$
c
d
Charge per ordinance....................................................................................................$ E
s
ADDITIONAL SERVICES:
w.
w
a
Binders(5 copies)........................................................................................................$
Tabdivider pages(5 sets)............................................................................................$
Reprints charge per impression...................................................................................$
Packet P9_704
7.A.f
Appendix D
Municipal Code Sample
0
0
U
d
0
U
.v
co
r
M
r
_O
aL
E
M
d
O
U
Q
_
7
O
X
=a
_
O
CL
Q.
Q
a
U-
m
E
r
r
Q
Packet Pg. 705
7.A.f
Title 17
ENVIRONMENTAL PROTECTION
Chapters:
17.04 (Repealed by MC-781)
17.05 Hazardous Waste Management Plan
.17.06 Water Wise Landscape Program
17.08 Mobile Source Air Pollution Ordinance
m
Chapter 17.04 N
(Repealed by MC-781, 4-22-91) w o
Chapter 17.05
HAZARDOUS WASTE MANAGEMENT PLAN o
Sections: v
17.05.010 Applicability.
0
17.05.020 Hazardous Waste Facility Defined.
17.05.010 Applicability.
.E
Any application fora zoning amendment,subdivision,conditional use permit,
or variance for a hazardous waste facility shall comply with Chapter 5 of the County M
Hazardous Waste Management Plan,entitled"Siting of Specified Hazardous Waste M
Facilities" attached as Attachment "1" and incorporated herein by reference, in
addition to complying with all other applicable City ordinances. (Ord. MC-766, 12-17- Q
90.) E CL
m
17.05.020 Hazardous Waste Facility Defined. m
0
Hazardous Waste Facility, as defined in California Health and Safety Code U R
Section 25117.1, means all contiguous land and structures, other appurtenances, a
and improvements on the land used for the treatment, transfer, storage, resource 2
recovery,disposal,or recycling of hazardous waste. A hazardous waste facility may '
consist of one or more treatment,transfer,storage, resource recovery, disposal,or o
recycling hazardous waste management units,or combinations of these units.(Ord. x
MC-766, 12-17-90.)
c
d
CL
Chapter 17.06
a
Water Wise Landscape Program a
U.
Sections: ;
17.06.010 Purpose and Intent.
17.06.020 Definitions. E
17.06.030 Applicability.
17.06.040 Water Wise Landscape Program. a
17.06.050 Administration.
17.06.060 Program Requirements.
17.06.070 Action on Application.
17.060.080 Temporary Limited Exemption From Specified Code
Provisions.
17.06.090 Fire Hazard Prohibited.
[Rev. November 2,20091 17-1
Packet Pg. 706
17.06.100 Yard Sign.
17.06.110 Certificate of Completion.
17.06.120 Failure to Timely Complete Installation.
17.06.130 Withdrawal From Program.
17.06.140 False Statement in Required Documents.
17.06.150 Severability.
17.06.160 CEQA Exemption.
17.06.010 Purpose and intent.
a�
A. The purpose of this Chapter is to encourage water conservation in the City o
of San Bernardino by facilitating the voluntary conversion of existing M
residential landscaping to less water-intensive landscaping. The provisions �«-
contained in this Chapter are intended to permit property owners to retire o
existing vegetation by temporary non-irrigation of their property, without
being subject to provisions of this Code that otherwise would effectively c
preclude this practice. C-)
M
B. Except as specifically stated in this Chapter, nothing in this Chapter shall be .2
construed to exempt any person or property from any otherwise applicable
provision of this Code. g
M
17.06.020 Definitions. ti
M
r
As used in this Chapter, the following terms, when capitalized, have the
meanings stated: °-
E
c�
A. "Agreement"shall mean the Water Wise Landscape Agreement described
in this Chapter. o
U
B. "City" shall mean the City of San Bernardino. c
.2
C. "Code"shall mean the Municipal Code of the City of San Bernardino.
D. "Department"shall mean the Development Services Department of the City
of San Bernardino. =a
as
a
E. "Director" shall mean the Director of Development Services of the City of °-
San Bernardino, or his or her designee. as
U_
F. "Guidelines" shall mean the Water Wise Landscape Guidelines developed
by the Water Resources Institute, California State University, San E
Bernardino.
G. "Permit" shall mean the Water Wise Landscaping Permit described in this a
Chapter.
H. "Program"or"Water Wise Landscape Program"shall mean the City of San
Bernardino Water Wise Landscape Program described in this Chapter.
I. "Water Wise Landscape"shall.mean a landscape that uses drought tolerant,
[Rev. November 2,2009] 17-2
Packet Pg. 707
7.A.fi
California friendly landscaping in lieu of large turf areas, and that uses
efficient irrigation.
17.06.030 Applicability.
This Chapter shall apply to single-family residential properties in the City.
17.06.040 Water Wise Landscape Program.
as
There is hereby established the City of San Bernardino Water Wise in
Landscape Program. c
w
R
17.06.050 Administration
w
�a
0
The Program shall be administered by the Director through the Department. v
m
0
17.06.060 Program Requirements. v
To participate in the Program, a property owner must: •a
2,
A. Own a single-family residential property in the City with existing landscaping, g
and occupy the property continuously for the entire period of time that the
property is subject to the Program.
M
B. Have the desire and the ability to convert the existing landscaping on the ?�
property to less water-intensive landscaping. a
E
M
C. Sign and submit to the Department a properly completed application for m
participation in the Program, in a form prescribed by the Department for that o
purpose. The application must accurately set forth: v
�o
a
1. The street address and Assessor's Parcel Number of the property. .2
.0
0
2. A description of the landscaping that is to be retired and replaced.
0
x
3. A description of the Water Wise Landscape that is to be installed.
The landscape must conform to the Guidelines, as follows: a�
CL
a
a. The landscape shall consist of water-efficient, drought a
tolerant and native plant material, and may include ground LL
covers, small plants, shrubs and appropriate trees. Buffer
areas and bioswales may be included and may be designed
with rocks, cobble or decomposed granite, landscaped E
shrubs or accents, or suitable ground cover.
r
b. All planted areas must be a minimum of one inch below
a
adjacent hardscapes(sidewalks and driveways)to eliminate
runoff and overflow of irrigation water.
C. Mounded or sloped planting areas that would contribute to
runoff of irrigation water onto non-irrigated areas, walks,
roadways or structures must be avoided.
[Rev. November 2, 2009] 17-3
Packet Pg. 708
d. Any turf areas shall be set back at least 24 inches from
curbs,driveways,sidewalks or any other area that may result
in runoff of irrigation water onto streets.
e. Plants having similar water requirements should be grouped
together in hydrozones" so that watering can be done
efficiently. N
m
f. Annual color plantings should be used only in areas of high
visibility where they can be seen and appreciated.
Otherwise, perennial plantings should be the primary source c
of color. r
�a
g. Landscaping must not obstruct or interfere with street signs, "o
lights, or visibility on roads or walkways. v
d
4. The date on which the installation of the replacement landscaping c)
will begin,which shall not be later than twelve(12)months from the
date of submittal of the application.
.2
5. The date on which the installation of the replacement landscaping g
will be completed, which must not be later than the next May 31
M
immediately following the date on which the installation is to begin.
M
D. Sign and submit to the Department a properly completed Water Wise _d
Landscape Agreement. The Agreement shall require that the participant
agree to maintain the replacement landscaping to ensure water efficiency. y
m
17.06.070 Action on Application. °
0
U
A. After a properly completed application has been submitted,the Director shall
a
review the application and shall verify that the proposed project will comply .2
with all applicable requirements of this Code. Upon making this verification, 3
the Director shall approve the application and shall issue to the applicant a
Water Wise Landscaping Permit in a form prescribed by the Department.
X
B. If in the judgment of the Director the project will not comply with one or more a
applicable requirements of this Code, the Director shall specify the C
requirement(s) with which the project will not comply and shall deny the a
application. U-
17.060.080 Temporary Limited Exemption From Specified Code Provisions. _
m
E
A. From the date on which an application is approved by the Director until the
date on which the installation of the replacement landscaping will begin, as a
stated in the application, the property owner shall not be subject to citation
by any City officer for violation of the following provisions of this Code,in the
following respects only:
1. Section 8.27.010.A,with respect to the prohibition on dry vegetation.
2. Section 8.27.010.8,with respect to the prohibition on dry grass and
[Rev. November 2,2009] 17-4
Packet Pg.709
T.A.f
stubble.
3. Section 8.30.010.D, with respect to the prohibition on vegetation
constituting an unsightly appearance. This temporary exemption
shall apply only to vegetation that is unsightly due to lack of
irrigation.
4. Section 15.24.040.A.2,with respect to the requirement that planted
vegetation be regularly irrigated.
m
Cn
5. Section 15.24.040.A.2, with respect to the prohibition on dead c
vegetation.
B. The exemptions provided for in this Section shall apply only to the portion of `a
the property that is to be relandscaped pursuant to the Program. The
property owner must maintain the remaining portion of the property in
compliance with all applicable provisions of this Code at all times. U
17.06.090 Fire Hazard Prohibited.
.2
Nothwithstanding any other provision of this Chapter, no property shall at g
any time be maintained in such a manner as to constitute a fire hazard.
M
ti
17.06.100 Yard Sign.
m
A. Each participant in the Program shall obtain from the Department and
prominently display on the property subject to the Program a yard sign
indicating that the property is subject to the Program, for the purpose of m
informing City officers that the property is subject to the exemptions provided o
for in this Chapter. c)
M
a
B. The yard sign shall be displayed at all times during which the property is .2
subject to the exemptions provided for in this Chapter. 3
C. It shall be the responsibility of the Program participant to promptly replace °
a sign that is lost or stolen.
x
a
0)
D. Knowingly displaying a sign issued by the Department pursuant to this C
Section on property that is not covered by a properly issued Water Wise a
Landscaping Permit is a violation of this Code. Any person who violates or U.
causes the violation of this provision is guilty of a misdemeanor, and upon
conviction may be punished in accordance with Section 1.12.010 of this
Code. E
17.06.110 Certificate of Completion.
r
a
Upon the completion of the installation of replacement landscaping pursuant
to the Program, the owner of the property must sign and submit to the Department
a properly completed Certificate of Completion in a form prescribed by the
Department,attesting thatthe landscaping has been installed in compliance with the
approved Program application. The Certificate of Completion must be accompanied
by full-color photographs taken from the front perimeter of the property sufficient to
[Rev. November 2, 2009] 17-5
Lpacket Pg.710
7.A.f
illustrate that a Water Wise Landscape has been completed.
17.06.120 Failure to Timely Complete Installation.
A property owner who fails to complete installation of replacement
landscaping pursuant to this Chapter by the next May 31 immediately following the
date on which the installation begins forfeits the exemptions provided for in Section
17.06.080 and any other benefits to which Program participants are entitled under
this Chapter.
17.06.130 Withdrawal From Program. o
R
A property owner who obtains a Permit but later elects not to continue
participation in the Program may withdraw from the Program by notifying the o
Director in writing of the election to withdraw and paying a withdrawal fee of one v
a�
hundred dollars($100)for each month the Permit was in effect,prorated day-by-day
0
for partial months. U
17.06.140 False Statement in Required Documents. .2
.
Making a knowingly false statement in any of the documents required for
participation in the Program is a violation of this Code. Any person who violates or
causes the violation of this provision is guilty of misdemeanor,and upon conviction M
may be punished in accordance with Section 1.12.010 of this Code.
as
17.06.150 Severability. °'
E
ca
The provisions of this Chapter are severable, and, if any sentence, section
or other part of this Chapter should be found to be invalid, such invalidity shall not 0
affect the remaining provisions, which shall continue in full force and effect.
Q.
17.06.160 CEQA Exemption. .2
0
The adoption of this Chapter is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15061(b)(3) of the Guidelines for o
Implementation of the California Environmental Quality Act(Title 14,California Code
of Regulations, commencing with Section 15000), as it can be seen with certainty a
that there is no possibility that the activity permitted by this Chapter may have a °-
a
significant effect on the environment. a
(Ord. MC-1311, 08-17-09) LL
t:
_
E
t
R
w
.r
Q
Chapter 17.08
MOBILE SOURCE AIR POLLUTION ORDINANCE
Sections:
17.08.010 Title.
17.08.020 Findings.
[Rev. November 2,2009] 17-6
Packet Pg.711
7.A.f
17.08.030 Intent.
17.08.040 Definitions.
17.08.050 Administration of Vehicle Registration Fee.
17.08.060 Liberal Construction.
17.08.010 Title.
N
This Chapter may be referred to as the Mobile Source Air Pollution
Ordinance. (Ord. MC-784, 5-6-91)
d
17.08.020 Findings. o
r
The City of San Bernardino hereby finds and declares that:
0
1. The City is committed to improving the public health, safety and
welfare, including air quality. o
U
2. Mobile sources are a major contributor to air pollution in the South �a
a
Coast Air Basin. .2
.E
3. Air quality goals for the region established by state law cannot be
met without reducing air pollution from mobile sources.
ti
M
4. The South Coast Air Quality Management Plan (AQMP) calls upon
cities and counties to reduce emissions from motor vehicles 2
CL
consistent with the requirements of the California Clean Air Act of E
E
1988 by developing and implementing mobile source air pollution
reduction programs. d
0
5. To the extent that such programs place demands upon the City's v
funds, those programs should be financed by shifting the a
responsibility for financing from the general fund to the motor •_
vehicles creating the demand, to the greatest extent possible.
6. Health and Safety Code, Section 44223, added by action of the o
California Legislature on September 30, 1990, (Stats. 1990, Ch. -a
1705), authorizes the South Coast Air Quality Management District
a
(SCAQMD)to impose an additional motor vehicle registration fee of °-
a
Two Dollars ($2.00), commencing on April 1, 1991, increasing to a.
Four Dollars ($4.00), commencing on April 1, 1992, to finance the U.
implementation of transportation measures embodied in the AQMP
and provisions of the California Clean Air Act.
E
7. Forty Cents ($.40)of every dollar collected under Section 44223 of
the Health and Safety Code shall be distributed to cities and counties Q
located in the South Coast Air Quality Management District that
comply with Section 44243 based on the jurisdiction's prorated share
of population as defined by the State Department of Finance.
8. The City is located within the South Coast Air Quality Management
District and is eligible to receive a portion of revenues from the motor
vehicle registration fees upon adoption of this Chapter.
[Rev. November 2,20091 17-7
Packet Pg. 712
9. The City, after careful consideration, hereby finds and declares that
the imposition of the motor vehicle registration fee by the SCAQMD
to finance mobile source air pollution reduction programs is in the
best interest of the general welfare of the City and its residents.
Therefore, the City deems it advisable to adopt this Chapter.
(Ord. MC-784, 5-6-91)
17.08.030 Intent.
This Chapter is intended to support the SCAQMD's imposition of the vehicle in
registration fee and to bring the City into compliance with the requirements set forth =
0
in Section 44243 of the Health and Safety Code in order to receive fee revenues for
the purpose of implementing programs to reduce air pollution from motor vehicles. ;�
(Ord. MC-784, 5-6-91) !a
0
U
17.08.040 Definitions. d
0
U
As used in this Chapter,the following words and terms shall be defined as
follows:
'v
1. "City" shall mean the City of San Bernardino. 3
2. "Mobile source air pollution reduction programs" shall mean any ti
program or project implemented by the City to reduce air pollution
from motor vehicles pursuant to the California Clean Air Act of 1988
orthe plan proposed pursuant to Article 5(commencing with Section
40460) of Chapter 5.5 of Part 3 of the Health and Safety Code. 0
W
a)
3. "Fee Administrator" shall mean the Finance Director of the City. 'a
(Ord. MC-784, 5-6-91)
U
17.08.050 Administration of Vehicle Registration Fee. .2
.
1. Receipt of Fee: Vehicle registration fees due pursuant to this
Chapter disbursed by the SCAQMD and remitted to the City shall be o
accepted by the Fee Administrator.
c
2. Transfer of Funds: Upon receipt of vehicle registration fees,the Fee
a
Administrator shall be responsible for placement of such funds into a
a separate account as hereinafter specified.
1 Establishment of Air Quality Improvement Trust Fund: The Fee c
Administrator shall establish a separate interest-bearing trust fund E
account in a financial institution authorized to receive deposits of City
funds. Interest earned by the account shall be credited to that Y
account and shall be used to finance mobile source air pollution a
programs.
4. Audits: The City consents to audits, at least once every two years,
of all programs and projects funded by vehicle registration fee
revenues provided under Section 44223 of the Health and Safety
Code.
[Rev. November 2,2009] 17-8
Packet Pg. 713
(Ord. MC-784, 5-6-91)
17.08.060 Liberal Construction.
The provisions of this Chapter shall be liberally construed to effectively carry
out its purposes, which are hereby found and declared to be in furtherance of the
public health, safety,welfare and convenience. (Ord. MC-784, 5-6-91)
as
d
c
0
w
=a
0
U
m
O
U
Q
.2
3
M
ti
M
r
d
Q
E
fQ
d
O
U
S
.v
X
=a
c
a
a
Q
a
U-
c
as
E
L
V
!O
r
w
a
[Rev. November 2, 2009) 17-9
Packet Pg.714