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Home My WebLink AboutC23170 Quality Code Publishing - Codifier of Municipal CodeCITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: REQUEST FOR ACCEPTANCE OF PROPOSAL BY QUALITY CODE PUBLISHING TO BE CODIFIER OF THE PALM DESERT MUNICIPAL CODE (CONTRACT NO. C2317 0) SUBMITTED BY: Rachelle D. Klassen DATE: November 18, 2004 CONTENTS: I. Staff Report II. Proposal by Quality Code Publishing and Related Correspondence III. Background Materials: a) City Council Minutes of 1/22/76 b) 6/22/01 Letter from Nancy Helmer of LexisNexis/Book Publishing c) 1/25/02 Letter from LexisNexis Recommendation: By Minute Motion: 1) Accept the proposal by and approve of services to be provided by Quality Code Publishing, Seattle, Washington, for codification and supplement service to the Palm Desert Municipal Code, and authorize the Mayor to execute same. 2) Authorize termination of the City of Palm Desert's relationship with LexisNexis for Municipal Code Supplement Services effective immediately, and website hosting to be terminated December 31, 2004 — funds for Municipal Code Supplement Services have already been allocated in the FY 2004/05 Budget, Account No. 110-4111-410-3090, and no additional appropriation is required for this purpose. Discussion: In 1976, the City secured the services of Book Publishing Company, Seattle, Washington (BPC), to provide codification of the ordinances adopted since incorporation. City staff continued to utilize and was very satisfied with Book Publishing through 2001, when the company was purchased by LexisNexis. Since that time, staff has worked with LexisNexis to supplement the Municipal Code, and while the service was satisfactory, it has not Staff Report - Request for Acceptance of Quality Code Publishing Proposal Page 2 November 18, 2004 Contract No. C23170 enjoyed the personalized service and attention to detail experienced with BPC. In fact, in the last two supplements there have been missed details (e.g. history notes not updated, and CodeOnline not updated at the same time as the hard copy). Staff from the former Book Publishing have formed their own company and promise to provide the same individualized service at a lower rate. Following is a comparison of what the City was charged and what Quality Code would charge for the last four semiannual updates to the Palm Desert Municipal Code: Date of Supplement LexisNexis Quality Code March 2003 $ 2,000.00 $ 1,495.00 August 2003 2,502.50 1,936.00 February 2004 964.00 655.00 September 2004 1,040.00 875.00 Along with the cost savings, at about 25% overall, Quality Code provides a feature not offered by LexisNexis — ability to expand an entire section of the Code while online. That means you can view more than one section of the Code at a time, which is especially beneficial to the public (let alone staff) when trying to determine where a particular subject is discussed. In addition to the cities named in the accompanying list, the Cities of La Quinta, Redondo Beach, Santa Monica, Norwalk, Hawthorne, and Bakersfield, are now utilizing Quality Code Publishing for their codification services. Therefore, staff recommends changing codifiers to realize savings and benefit from improved service. Note, the letter dated June 2001 from Nancy Helmer of LexisNexis/Book Publishing Company is one in the same making the subject proposal. Respectfully submitted: RACHELLE SSE , MC Approved: CARLOS L. ORTE CITY MANAGER Attachments (as noted) 0/ CITY CLERK / SHEILA ' GIL4 ' N, ACM FOR COMMUNITY VICES PAUL .. IB ON, s IRECTOR OF FINAN ; /CITY TREASURER H 'WPdata'WPDOCS\Stall Reports\quality code wpd 2 Contract No. C23170 QUALITY CODE PUBLISHING LLC PROFESSIONAL SERVICES PROPOSAL FOR THE CITY OF PALM DESERT, CALIFORNIA October 10, 2004 2100 Westlake Ave. N..Suite 106 - Seattle, Washington 98109 206-860 4900 — 800 328 4348 - Fax: 206-285 2800 — www.qualitycodepublishing.com TABLE OF CONTENTS Contract No. C23170 PAG E PART I - SCOPE OF SERVICES 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. alit. codilf and publish the ordinances of the City of Palm Desert, CA, hereinafter referred to as "City," according to the following terms and conditions: PART 1- SCOPE OF SERVICES 1. SUPPLEMENT SERVICES. QCP will provide ongoing updates for the Cite. on a regular schedule, as directed by the City. Ordinances will he forwarded to QCP as the) are adopted. Prior to beginning a regularly scheduled supplement. QCP will contact the City to confirm that QCP has received all the necessary ordinances. QCP's editors will prepare each supplement by completing the following steps: 1.1. F:diting. 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 repeated 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 QCI' iIl be corrected at no charge to the City. I .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 pkwes will he typeset to match the sty le 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 prop ided upon request. 1.7. 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. Erequenc 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. Contract No. C23170 2. ELECTRONIC I'UBLISHING AND INTERNET SERVICES. Qualitv Code Publishing's Internet Service is an affordable and practical way for you to provide the Cit) 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 can be viewed at www.eIassicdaypublishing.com codes. sample . 2.1 CodeAlcrt (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 and the CodeAlert page. This service assures the viewer the most accurate, up-to-date version of the code, no matter how frequently you choose to supplement. An example of our CodeAlert services can be viewed at www.cgdemanage.com./santamonicai. Code on CD-ROM. Subscribers to our electronic publishing services wiII receive an electronic copy of the code on CD-ROM in a non-proprietary tormat 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 C[) will be sent to vuu along with the printed supplements. 3 Contract 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 he prepaid by QCP and invoiced to the City upon deliver). 9. if a sales tax is applicable to this work. the amount of such tax will he added to the costs quoted in this contract. • 10. Payment Schedule: Balance due upon delivery of the republished code hooks 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 hid 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 CodePublishing BY l3y Nancy L. Helme President Title Date 5 Contract No. C23170 Dear Rachelle: RE: Codification Cost Comparison Here is a cost comparison between QCP and what you are currently paying with LexisNexis, illustrating your potential savings. The city normally changes between 100 - 200 pages per year. Annual Supplement Service based on 150 pages changed per year. LexisNexis QCP Total Savings Rate Total Cost Rate Total Cost Supplement — 150 pgs $26.00/pg $3,900.00 $20.00/pg $3,000.00 $900.00 Annual Editorial Fees $150.00 0 $150.00 Internet updating: $1.50/pg $225.00 $75 + $1.00/pg over 50 pages $175.00 $50.00 Internet Storage & Maintenance S500.00 $540.00 (S40.00) CD-ROM — 3 copies $30.00 $90.00 S25.00 $75.00 S15.00 Shipping & Handling $60.00 $30.00 $30.00 TOTAL $4925.00 $3,820.00 $1.105.00 (save 29%) There are no additional start-up costs or hidden charges. All we need to get started is an up-to-date printed and electronic copy of the current code. Our trained staff will ensure a seamless transition. Please contact any of my references to confirm this statement. A list of customers for whom we have recently delivered work is attached. In addition to savings, I am certain you will be pleased with the higher quality of service provided by QCP. Thank you for your consideration. Please call me if you have any questions. Best regards, Nancy QCP does not charge an Annual Editorial Fee and there is no additional charge for map/diagram/table pages. Contract No. C23170 QUALITY CODE PUBLISHING an imprint of Classic Day Publishing CUSTOMER REFERENCES Customer for whom we have recently delivered work: Inglewood, CA - 1st supp delivered Nov 2003, 2nd supp delivered Jan 2004, April supplement in process now. Subscribe to Quarterly supplement schedule and Internet services. Ms. Yvonne Horton City Clerk One Manchester Blvd. Inglewood, CA 90301 310 412 5280 South Pasadena, CA - Republished code with new index, tabs and binders delivered Jan 2004. In process - Adding Zoning title to the code complete with new index etc. Subscribe to semi-annual supplement schedule and Internet services. Ms. Sally Kilby City Clerk 1414 Mission Street South Pasadena, CA 91030 626 403 7232 Saratoga, WY - 1st supplement delivered Feb 2004. Annual supplement schedule. Ms. Courtney Bohlender City Clerk PO Box 486 Saratoga, WY 82331 307 326 8335 San Mateo, CA - Provide updates to the index and ordinance list to their in-house supplements. - First update delivered Feb 2004. Annually updates. Ms. Norma Gomez City Clerk 330 West 20th Avenue San Mateo, CA 94403 650 522 7040 Klassen, Rachelle Page 1 of 1 Contract No. C23170 From: Nancy Helmer [nancyh@classicdaypublishing.com] Sent: Tuesday, May 04, 2004 2:20 PM To: Klassen, Rachelle Subject: QCP CodeAlert service Dear Rachelle: Attached is revised pricing and information for our CodeAlert service. La Quinta is currently using this service and the address where you can view the on-line code is in the attachment. Also, South Pasadena called me today and have also decided to subscrbe to this service. BTW, While I was preparing this infomration for you I noticed a possible inconsistency in the web copy of the code that I wanted to call to your attention. You may already be aware of it, but just in case I thought I would let you know. Ordinance 1056 - Per the ordinance list, this ordinance repeals and replaces Ch. 24.12, fugitive dust control, but the history note does not reflect this change. I will call you later in the week to make sure you received this e-mail and see how your review of Quality Code Publishing's codification services is going. Thank you. Best Regards, Nancy Nancy L. Helmer President Classic Day Publishing 2100 Westlake Ave. N. Suite 106 Seattle, WA 98109 800 328 4348 nancyh(a`classicdaypublishing.com 7/23/2004 Contract No. C23170 Mr. Williams further stated that Council could either con- cur with the Planning Commission Report and pass a revised Ordinance No. 107 to second reading or they could deny the Planning Commission Report and approve 2nd reading of the original ordinance and adopt it. Mr. Williams presented a petition to Council signed by the property owners of the Palm Desert Highlands area wherein they opposed the rezoning of the 7 lots on the Highway 74 frontage road between Haystack and Homestead. Mayor Clark indicated that most of the Council had received calls from individuals in this area and were aware of the opposition. Councilman McPherson moved and Councilman Brush seconded to concur with the findings of the Planning Commission Report and pass a revised Ordinance No. 107 to second reading; carried unanimously. XI. CONSENT ITEMS HELD OVER C. Letter from Palm Desert Citizens' Rights Committee Requesting that Legislation Relative to Campaign Financial Statements and Expenditure Limits be Rescinded. Councilwoman Benson indicated that she had asked that this item be held over for further clarification of the matter. Mr. Hurlburt pointed out that this letter had requested an emergency meeting to revoke the ordinance that has been enacted "governing the rules for candidates to public office". He further explained that in reviewing the letter, it was obvious that the Committee had con- fused and intermingled the requirements of the City ordinance establishing campaign expenditure limitations with the requirements of the State Fair Political Prac- tices Commission legislation wherein candidates must disclose campaign finanacial matters. Items 4, 5, and 6 of Mr. Kane's letter definitely deal with the legislation of the Fair Political Practices Commission. In talking to other cities about this ordinance, Palm Springs had indicated that the matter had never been brought up; Desert Hot Springs voted 4-0 in favor of it at its first reading but because of pressure from their City Attorney and the press, they had defeated it at its second reading. Our City Attorney, Dave Erwin, and the League of California Cities do endorse this ordinance and its legality. Councilwoman Benson moved and Councilman McPherson seconded to receive and file the letter from the Palm Desert Citizens' Rights Com- mittee; carried unanimously. XII. XIII. CONTINUING BUSINESS None NEW BUSINESS A. Recommendation for Approval of Contract With Book Publishing Company for Codification of City Ordinances. Mr. Hurlburt stated that monies had been budgeted for this project and that there are firms that do nothing but codify ordinances for cities. He further stated that the Staff had looked into two firms and determined along with City Attorney Dave Erwin that the Book Pub- lishing Company was the best. They have an excellent reputation. January 22, 1976 Page 5 Contract No. C23170 Mr. Erwin reiterated on Mr. Hurlburt's statement of the excellence of the Book Publishing Company of Seattle stating that they are doing much of the work for the other cities in the Valley. The contract provides for 50 copies of the codification at a cost of $11 per page or approximately $3,000. The City will provide 2 copies of each ordinance. They will analyze them, put them in the proper order and will make recommendations for updating, additions, and deletions where there are conflicting ordi- nances. Councilman Aston moved and Councilman Brush seconded to approve the contract with the Book Publishing Company and authorize the City Manager to sign; carried unanimously. B. Case No. Tentative Tract 5797 - Silver Spur Associates: Request for a 12-month extension of an 82-Lot Subdivision Map in the Ironwood Development. Mr. Williams outlined the request indicating that it was for approval of a 12-month time extension for the tentative map for 82 units in Ironwood Country Club. He stated that the Planning Commission had reviewed it and found it to meet the requirements of the State Map Act as amended. Councilman Aston moved and Councilman McPherson seconded the adoption of Resolution No. 76-14 approving the 12-month extension; carried unanimously. XIV. XV. XVI. an Art should OLD BUSINESS None ORAL COMMUNICATIONS '.1RS. HELEN BREEDING, Cathedral City, addressed Council express- ing opposition to the rezoning of her property in the Palm Valley area and inquiring what she could do to appeal it. Mayor Clark indicated that she should come to the Planning Department of City Hall and file an appeal so that the normal appeals process could be followed. MR. DICK KITE, 73-757 Highway 111, Palm Desert, asked Council about the feasibility of installing a street light at the cor- ner of Highway 74 and Haystack. Mayor Clark stated that this whole area was in need of lighting and with Council's approval directed Staff to investigate the matter. REPORTS AND REMARKS A. City Manager 1. Mr. Hurlburt indicated that about a year ago a painting had been given to the City and that several other art objects had been offered to the City either as gifts or for sale. Staff felt that an Art Committee should be established in an attempt to evaluate the objects as well as to determine a long-range plan for future needs of this type. Councilman Brush moved and Councilman Aston seconded that Committee should be established and that names of possible members be presented at the next meeting; carried unanimously. 2. Citizens Advisory Committee: Mr. Hurlburt reported that a questionnaire had been sent to all members of the Citizens Advisory Committee requesting their opinion as to the future role of the Committee. He indicated that 11 of the members had responded with 5 indicating they would like to have a personal meeting, 1 asking that the Committee be put on an on -call basis, and 5 stating that the Committee should be resolved. January 22, 1976 Page 6 Lexislxis- Contract No. C23170 Ms. Sheila Gilligan Palm Desert City Clerk 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Ms. Gilligan: e3 JUN 25 AEI i 1 L7 fax ww2°6w.bp- cnet3c m June 22, 20* miews sew 201 Westlake Avenue North Seattle, WA 98109-5293 ph 800-537-7881 • I wanted to update you on developments resulting from Book Publishing Company being puiahas- �y7.ezisNexis in Tarivary of this r...Sinde a announcement; some ofour customers -- have had questions about who LexisNexis is and how our integration into LexisNexis will affect them. LexisNexis is the world's leading provider of information services and management tools in online, Internet, CD-ROM and hardcopy formats for legal, news and business professionals. They also have one of the country's largest, multimillion -dollar data centers, featuring several MVS mainframes and hundreds of UNIX and Microsoft NT servers. In fact, their databases are 50 times the size of the World Wide Web! The LexisNexis Group has focused particular attention on delivering customized, Web -based solutions to serve the various, targeted information needs of professionals throughout corporations, law firms, government entities and academic institutions. Of particular interest to most of our customers, LexisNexis also specializes in the publication, supplementation and delivery of printed legal reference materials. We continue to be excited about our new relationship with LexisNexis, especially because of the additional services we will be able to provide you as our customer. In order to achieve greater efficiency, we will be transferring some of our functions, mostly production, to already established LexisNexis facilities. Your customer account representative and sales consultants will remain the same and will operate ou3 of Seattle. The ed`ti orial funs ion will move to the LexisNexis facility in Charlottesville, VA and the manufacturing will be at the LexisNexis facilitates in Conklin, NY. As we continue to work through this integration, please feel free to call us if you have any further questions. We will be contacting you in the near future to discuss some of the advantages available to you as a result of our partnership with LexisNexis. We look forward to continuing to serve as your publisher of choice for your municipal code needs. Sincerely, Nancy L. Director of Operations Quality ccuracy Integrity 110'. LexisNexis- Municipal Codes Friday, January 25, 2002 Contract No. C23170 Ms. Sheila Gilligan Palm Desert City Clerk c0 co PP 73-510 Fred Waring Drive -m n Palm Desert, CA 92260-2578 rn RE: New Contact Telephone and Mailing Address cn -n -1 v T Dear Ms. Gilligan: -n rn As we progress with our transition from Book Publishing Company to LexisNexis Municipal Cod , we have additional information to provide you. In the coming weeks, you will receive letters outlining s e of the new,procedures-that will be_inaglemgnte. - _ With this transition, all documents and letterhead will be named under the legal entity of Matthew & Co., Inc. This is the name that should be used for tax identification information and for check remittance. We will have new contact information that you will need to use beginning on February 4, 2002. P1 ' find the changes noted below. Until February 4, 2002 you can reach us at our current phone number, 80( 537- 7881. NEW CONTACT/MAILINQ INFORMATION - EFFECTIVE FEBRUARY 4, 2002 • Mailing Address 701 East Water Street Charlottesville, VA 22902 (800) 833-9844 Extension 4593 (voicemail box) (206) 343-5700 (206) 343-3038 caniem@bpcnet.com - -- .Carrie.M y a exis corn - Nancy.L.Helmer@lexisnexis.com • Main Toll Free Phone • Direct Phone • Direct Fax • Email Address (until 3/15/02) _.-. ,_ - __ • Email Address-(after-3/15/02) - • Manager, Nancy Helmer's Finail As mentioned, you will receive additional letters in the coming weeks, containing information on our improved billing documents and other changes being implemented to improve our service to you. As always, let us know if you have any questions or concerns. Again, you can reach me at 800-537-7881 until February 4, 2002, when our new contact information takes effect. Customer C • resentative Matthew Bender & Company, Inc. • A Member of the LexisNexis Group 701 East Water Street • Charlottesville, Virginia 22902 www.fexisnexis.com