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HomeMy WebLinkAboutC23170 - CA2 - Codification-Editorial-Supplement Svcs CONTRACT NO. C23170 CITY OF PALM DESERT - Ci CITY CLERK DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT WITH QUALITY CODE PUBLISHING LLC, FOR CODIFICATION, EDITORIAL, AND SUPPLEMENT SERVICES ASSOCIATED WITH MAINTAINING THE PALM DESERT MUNICIPAL CODE, INCREASING THE PER-PAGE RATE FOR PRINTED SUPPLEMENTS BY $1.00 FROM $22.00 TO $23.00 EACH (CONTRACT NO. C23170) SUBMITTED BY: Rachelle D. Klassen, City Clerk CONTRACTOR: Nancy L. Helmer, President Quality Code Publishing LLC 7701 15th Avenue N.W. Seattle, WA 98117 DATE: April 27, 2017 CONTENTS: • Staff Report - including Contract Amendment No. 2 Form • Notification of Increase Letter from Quality Code Publishing • Contract No. C23170 with Quality Code Publishing Recommendation By Minute Motion, approve Amendment No. 2 to the subject contract with Quality Code Publishing LLC, Seattle, Washington, increasing the per-page rate for printed Palm Desert Municipal Code Supplement pages in each semiannual update by $1.00, from $22.00 to $23.00, and authorize the Mayor to execute Amendment No. 2 for this purpose, with all other service charges to remain the same as in original contract—funds are programmed in FY 2017-2018 General Fund Account No. 1104111-4309000 - City Clerk Department Professional-Other. Strategic Plan Objective This request represents routine conduct of municipal affairs; there is no specific Strategic Plan Goal associated. Background Since November 2004,the City of Palm Desert has contracted for its semiannual Municipal Code Updates with Quality Code Publishing, Seattle, Washington, with excellent results. Based on the number and type of ordinances adopted by the City Council each six-month period, costforthese services ranges from$1,200 to$6,600, including hard-copy updates, Staff Report-Contract Amendment No. 1 to C23170-Municipal Code Supplement Service April 27, 2017 Page No. 2 CD of the current Municipal Code, web hosting (http://gcode.us/codes/palmdesert/) and CodeAlert feature, which notifies anyone researching the Code of real-time modifications in between scheduled updates. In addition to the Municipal Code being readily available online, many staff members still utilize the hard-copy Code Book for further reference; and the City is required to maintain the current version at the Public Library and Indio Law Library. Further, there are several members of the public who have subscribed to Palm Desert's Municipal Code, are notified each time a supplement is published, and reimburse the City for providing them with the updated printed pages. The difference in cost if there are changes to 50 pages of the hard-copy Municipal Code in any six-month period will result in an additional $50 cost for that update. Moreover,the$23.00 per-page cost of printed Code Supplement pages is still $3.00 less than the City was being charged by its former provider, LexisNexis, when it changed to Quality Code Publishing in 2004. Therefore, based on this being a minimal increase to the cost of Municipal Code maintenance services to the City, staff recommends approval. Fiscal Analysis Fiscal impact related to this $1.00 increase in one aspect of the Semiannual Palm Desert Municipal Code update process is nominal. Funds are allocated each Fiscal Year in City Clerk - Professional Other Account No. 1104111-4309000 for these services that, on average in the past several years, have been totaling around $6,000. Submitted by: Reviewed: ir-f-bCti5jM OletAlLe- . Rac elle D. Klassen, ' C, City Clerk Jan M. Moore, Director of Finance Approved: Lauri Aylaian, City Manager rdk Attachments (as noted) H:IWPdata I WPDOCSIStaH Reports l C23170-C.A.2-Dual Code-Apr27-2017.wpd art ?UM FAUN Contract#/P.O.# C23170 Amendment/ 2 � ;, NJ S i v ICEAME r ' Change Order No. !M�l�l�'� Contingency: YES NO X Contract Purpose Palm Desert Municipal Code Services Account No. 1104111-4309000 Consultant's Name Quality Code Publishing, LLC Project No. N/A Address: 7701 15th Ave. NW, Seattle, WA 98117 Vendor No. 8487 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE DESCRIPTION OF CHANGES In Contract Price In Contract Price Contract No. C23170 - Part III - Prices and Payment Terms: Supplement Services -- $1.00/print page No. 3 - Supplement Charge per page (75 P.D.M.C. copies) increasing $1.00 per printed page, subject to number of printed pages required each Semiannual Supplement (from $22.00 currently to $23.00 effective July 1, 2017). ALL OTHER TERMS OF SUBJECT CONTRACT TO REMAIN THE SAME. TOTALS: - $ 1.00/print page NET CHANGE IN CONTRACT PRICE: $ 1.00/print page JUSTIFICATION: Contractor requesting $1.00/printed page increase to cover the increases in operating costs (printing, paper, insurance, labor, etc.). This is the second nominal increase requested in the contract. Next Semiannual P.D.M.C. Supplement Update scheduled for August 2017. TOTAL BUDGET FOR PROJECT: + $14,000 CONTINGENCY: - Less: Expend. & Encumb. To Date: - 5,170.00 Amount Approved by Council: + - Less: This Change Order Amount: - $1.00/print pg. Less: Prior Amendment(s): - - BALANCE OF BUDGET FY 16/17 $8,830 Less: This Amendment: - - REMAINING FOR PROJECT 17/18: $14,000 Balance Remaining of Contingency: - The amount of the Contract will be Increased by the Sum of: One Dollars ($1.00) per Supplement per printed page (75 copies of the P.D.M.C.) effective 7/1/17. Continued on reverse Contract C23170 Amendment No. 2 Continued from front This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant shall perform all work as necessary or required to complete the Professional Service Amendment items for a lump sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension N/A Days. Revised Contract Total Varies from one semiannual update to the next based on number of pages requiring editing/reprinting . The undersigned Consultant approves the foregoing Professional Service Amendment# 2 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Professional Service Amendment # 2 . The Consultant agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Professional Service Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when approved by the Owner. Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONSULTANT Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR JAN C. HARNIK, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved H:\word data\Forms1C23170-Qual Code-CA No.2-Ap27-2017 doc Quality Code 7701 15th Avenue NW Seattle,Washington 98117 phone 206-216-9500 I fax 206-216-9900 Publishing ,N„w,,.gcode.us March 30, 2017 Ms. Rachelle Klassen City Clerk 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Rachelle: I hope this letter finds your new year off to a good start. I know many of you are in the process of budget planning for 2017-2018,so I wanted to provide ample notice that there will be a small increase in our supplemental per page rate. Effective July 1, 2017 the supplement per page rate will increase from$22.00 to$23.00.This is the only price increase for your codification services. Internet database updating, electronic (CD) charge,website maintenance and storage fee and CodeAlert service charges will remain the same. This modest per-page increase provides the ability for us to continually improve and upgrade the speed,security and usefulness of your online codes. At Quality Code Publishing we strive to provide you,your City departments and your citizens with a user-friendly and easy site to find what they are looking for,when they need it. We'll soon be introducing enhancements to our user interface and search engine to make your code even easier to navigate and search. We value your business and will continue to work hard to provide you with the exceptional service that you've come to rely on. If you have questions, please don't hesitate to call me. Sincerely, - , Nancy L. H er r'rr o m C: President I rn rr N 7,K -p 7n rr. Z -1 U C tV -, ; CJl U1 . ... . .. .. . , ... .... ._ .. CITY Of PcLM DESERT .. . .::. 73-510 FRED WAKING DRIVE 1R' PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o611 �`:'; :'„ FAX: 76o 340-0574 info@palm-deserr.org • November 23, 2004 Ms. Nancy L. Helmer, President Quality Code Publishing LLC 2100 Westlake Ave. N., Suite 106 Seattle,Washington 98109 Dear Mer-Helmer , Subject: Contract No. C23170 -Proposal by Quality Code Publishing To Provide Codification Services for the Palm Desert Municipal Code At its adjourned regular meeting of November 18, 2004, the Palm Desert City Council, by Minute Motion, accepted the subject proposal and approved of services to be provided by Quality Code Publishing, Seattle, Washington, for codification and supplement services to the Palm Desert Municipal Code, and authorized the Mayor to execute same. Enclosed is a fully executed Proposal for your records. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CMC CITY CLERK RDK:rg Enclosure (as noted) cc: Finance Department PIMP.Mill� ti Co( act No. C23170 QUALITY CODE PUBLISHING LLc PROFESSIONAL SERVICES PROPOSAL- FOR * . THE CITY OF PALM DESERT, CALIFORNIA • • October 10, 2004 • • 2100 Westlalce Ave.N.Suite 106—Seattle,Washington 98109 206.860 4900—800 328 4348—Fax 206-285 2800—www.qualitycodepublishing.com • contract No. C23170 TABLE OF CONTENTS PAGE PART I-SCOPE OF SERVICES 2 SUPPLEMENT SERVICE. 2 ELECTRONIC PUBLISHING&INTERNET SERVICES 3 PART III-PRICES AND PAYMENT TERMS 4 PART IV-RECITATIONS AND SIGNATURES 5 • • • • • • • • • Contract No. C23170 PROFESSIONAL SERVICES PROPOSAL Quality Code Publishing,hereinafter referred to as"QCP,"hereby agrees to research,edit,codify . and publish the ordinances of the City of Palm Desert, CA, hereinafter referred to as "City," according to the following terms and conditions: PART I-SCOPE OF SERVICES 1. SUPPLEMENT SERVICES. QCP will provide ongoing updates for the City, on a regular schedule, as directed by the City. Ordinances will be forwarded to QCP as they are adopted. Prior to beginning a regularly scheduled supplement, QCP will contact the City to confirm that QCP has received all the necessary ordinances. QCFs editors will prepare each supplement by completing the following steps: 1.1. Editing. QCP will organize the new ordinances by subject and will insert all amendments into their proper places in the code text. Provisions that have been repealed will be deleted from the code text 1.2. Proofreading. The revised pages will be proofread against the applicable ordinance to insure accuracy of content QCP is responsible for the typographical correctness of the supplemented material. Any errors attributable to QCP,will be corrected at no charge to the City. 1.3. Update Related Parts. All history notes, tables, cross-references and index entries will be updated to reflect the new material. • • 1.4. Publish Supplement Pages. The revised pages will be typeset to match the style and format of the code.The supplement will be printed in the quantity specified • by the City. 1.5. Insertion Guide. Each supplement will include a page with instructions for inserting the new pages and removing obsolete ones. 1.6. Electronic Copy of Code on CD-ROM. QCP will provide the City with one •• copy of the revised code on CD-ROM in MS WORD after each supplement. RTF files can also be provided upon request. L7. Frequency. The City may choose to supplement the code quarterly, semi- annually, annually, or on an "as-needed" basis. The City may change the • supplement interval at any time. Frequency of supplementation does not affect the supplement rate. • 1.8. Termination. The City may terminate the supplement service by canceling in • writing at least 60 days prior to the editorial cutoff date for any regularly scheduled supplement. • • • 2 • ( Contract No. C23170 • 2. ELECTRONIC PUBLISHING AND INTERNET SERVICES. Quality Code • Publishing's Internet Service is an affordable and practical way for you to provide the City code to your community on the Internet,without the cost and inconvenience of maintaining the code on your City's web server. If your code is published on the Internet at QCP's website the code can be accessed through our website and linked to your City's site.As the code is updated,we will post the changes to your code on the Internet at the same time that we send you your printed supplements.An example of our Internet services cab be viewed at www.classicdaypublishing.com/codes/sample/. 2.1 CodeAlert(optional). CodeAlert is an on-demand updating service that is designed to work in conjunction with the Internet copy of the City's Code. CodeAlert notifies the code user that a code section has been amended and provides a list of ordinances that have been passed,but not yet incorporated into the code.Sections of the code that have been affected by an adopted ordinance will contain a warning at the beginning of the section with a link to both the ordinance arid the CodeAlert page.This service assures the viewer the most accurate,up-to-dale version of the code,no matter how frequently you choose to supplement.An example of our CodeAlert services can be viewed at www.codemanage.com/santamonica/. 2.2 Code on CD-ROM. Subscribers to our electronic publishing services will receive an electronic copy of the code on CD-ROM in a non-proprietary format such as PDF or HTML and shall include software for search and retrieval of the code of ordinances.As the code is updated,an updated CD will be sent to you along with the printed supplements. • • • 3 Corset No. C23170 PART III-PRICES AND PAYMENT TERMS • SUPPLEMENT SERVICES 3. Supplement charge per page(75 copies) $20.00 4. Electronic copy of the code after each supplement on CD-ROM in MS WORD N/C 5. ELECTRONIC PUBLISHING SERVICES. Initial data conversion N/C Additional charge for images/diagrams N/C Database updating,per supplement,(up to 50 pages) $75.00 • Additional cost per page,if any,over 50 pages $1.00 One copy of the Code on CD-ROM .$25.001 6. INTERNET SERVICES. One-time Set-up Fee N/C Monthly Storage and Maintenance Fee $45.00 7. CODEALERT. Monthly updating $25.00 Charge per ordinance $30.00 • 8. Shipping and handling will be prepaid by QCP and invoiced to the City upon delivery. 9. If a sales tax is applicable to this work,the amount of such tax will be added to the costs quoted in this contract. 10. Payment Schedule: Balance due upon delivery of the republished code books to the City. Balances which remain unpaid more than 45 days after delivery of the codebooks are subject to a late charge of 1.5%per month. • 1Price assumes the City also subscribes to QCP's Internet Services. • 4 { Contract No. C23170 PART III-RECITATIONS AND SIGNATURES . • 11. PERSONNEL Only experienced and qualified personnel will be employed in all editorial and codification work. QCP's Customer Relations Representative will consult the City when necessary and will keep the City informed of the progress of all codification work. 12. WARRANTY. QCP warrants only that the code will contain all of the currently effective . ordinances provided to QCP by the City as revised and amended according to instructions from the City's Representative. 13. ASSIGNATION, INTEGRATION AND MODIFICATION. When executed by both QCP and the City, this agreement constitutes the entire agreement between the parties. There are no other agreements or representations not set forth in this agreement. This agreement,incorporates all prior negotiations,agreements and representations.This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns..This agreement may . not be modified except in writing,signed by QCP and the City. 14. LAWS OF WASHINGTON TO GOVERN. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. TIME FOR COMPLETION. Time is of the essence. For the laws of the City to be effective, they must be accessible and easily available to the public. It is the intention of the company,with the cooperation of the City,to deliver each regularly scheduled supplement to the City within 30- 45 days after the established supplement cutoff date. 16. WAIVER The waiver by any party of a breach of any provision of this agreement or the failure by any party to claim a breach of any provision of this agreement shall not constitute a waiver of any subsequent breach,or change the effect of or make that provision thereafter unenforceable in any way. 17. DURATION OF QUOTATION/SIGNATURES. This quotation and agreement constitutes a bid by Quality Code Publishing for the performance of the codification services described herein. If this quotation and agreement is executed by the City within 90 days of the date hereof, it,shall be a binding contract between QCP and the City. Submitted October 10,2004,by Accepted by Palm Desert,CA Quality Publishin , By BVorka a Robert A. Spiege Nancy L. elm Title Mayor President Date 11/18/2004 ATTEST: Rac e11e D. K1:=:en, ity C erk 5 : ..t :.. CITY if ' elLYI JEEP i •• • _. 73--5 O t'RED WANING DRIVE IN r;' i` ,11, PALM DESERT, CALIFORNIA 9_26o-2578 +\. TEL: 760 346-0611 . ............ r.*!.. info ityotp;iIni tcxrt.nrg September 23, 2014 Ms. Nancy L. Helmer, President Quality Code Publishing LLC 7701 15th Avenue N.W. Seattle, Washington 98117 Dear Ms.-Helmgr: Subject: Contract No. C23170 - Codification. Editorial. and Supplement Services Associated with Maintaining the Palm Desert Municipal Code -Amendment No. 1 At its regular meeting of August 28, 2014, the Palm Desert City Council, by Minute Motion, approved Amendment No.1 to the subject contract with Quality Code Publishing, LLC, Seattle, Washington, increasing the per-page rate for printed Palm Desert Municipal Code Supplement pages in each semiannual update by $2.00 from $20.00 to $22.00, and authorized the Mayor to execute Amendment No. 1 for this purpose, with all other service charges to remain the same as in original contract. Enclosed is a fully executed Amendment No. 1 for your records. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:rlm Enclosure (as noted) cc: City Clerk's Office Finance Department Me:1i Ui+nOhM CITY OF RAM DOSE Contract#!P.O.# C23170 �c �,r SERVICE Amendment/ PROFESSIONAL SIGNAL SER ICEAMENDMENT Change Order No. +�•�►•� Contingency: YES NO X Contract Purpose Palm Desert Municipal Code Services Account No. 110-4111-410-3090 Consultant's Name Quality Code Publishing, LLC Project No. N/A Address* 7701 15th Ave. NW, Seattle,WA 98117 Vendor No. 8487 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE DESCRIPTION OF CHANGES In Contract Price in Contract Price Contract No.C23170- Part III - Prices and Payment Terms: Supplement Services -- $2.00/print page No. 3 - Supplement Charge per page (75 P.D.M.C. copies) increasing $2.00 per printed page, subject to number of printed pages required each Semiannual Supplement (from $20.00 currently to $22.00 effective immediately). ALL OTHER TERMS OF SUBJECT CONTRACT TO REMAIN THE SAME. TOTALS: - $ 2.00/print page NET CHANGE IN CONTRACT PRICE: $ 2.00/print page JUSTIFICATION: Contractor requesting $2.00/printed page increase to cover the increases in operating cost (printing, paper, insurance, labor, etc.). This is the first increase requested in the contract since it was awarded it 2004. Next P.D.M.C. Supplement Update in process currently, with anticipated completion August 2014. TOTAL BUDGET FOR PROJECT: +' $14,000 ,CONTINGENCY: - Less: Expend. &Encumb.To Date: - - i Amount Approved by Council: + - Less: This Change Order Amount - $2.00/print pg. Less: Prior Amendment(s): - - BALANCE OF BUDGET $14,000 . Less: This Amendment: - - REMAINING FOR PROJECT: $14,000 , i Balance Remaining of Contingency: - The amount of the Contract will be Increased by the Sum of: Two Dollars ($2.00) per Supplement per printed page(75 copies of the P.D.M.C.). ©h :Ol 1itl 61 d3S V 3 '1S3S30 Nib d 30iAa3A13��3ti�11t0 Continued on reverse Contract C23170 Amendment No. 1 Continued from fror This Professional Service Amendment covers changes to the subject contract as described herein. The Consultat shall perform all work as necessary or required to complete the Professional Service Amendment items for a lum sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension N/A Days. Revised Contract Total Varies from one semiannual update to the next based on number of pages requirin editing/reprinting . The undersigned Consultant approves the foregoing Professional Service Amendment# 1 as to the changes, if am in the contract price specified for each item including any and all supervision costs and other miscellaneous cosi relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work o account of said Professional Service Amendment# 1 . The Consultant agrees to furnish all labor and materials an perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, require to complete the Professional Service Amendment items. This document will become a supplement of the contract an all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective whe approved by the Owner. Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction thz fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law c equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknowr including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included abov must have required signatures as per the purchase resolution. / 1 1. REQUESTED BY: 2 ACCEPTED BY: I .A DEP E THEAD Cii lr ` Date Accepter 9-ir.-ly 3. CERTIFIED Zit 1 FUNDS AVAILABLE: 4 APPROVED BY: F ANCE DIRECTOR VAN G. TANN R,,MAYOR Date Approve 40.111 NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approve H Wax dafu1Fonn1C23170-Dual Cade CA No 1-2014 duc