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HomeMy WebLinkAboutC23170 Amnd 1 - Quality Code Publshng CITY OF PALM DESERT `� CITY CLERK DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF AMENDMENT NO. 1 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 $2.00 FROM $20.00 TO $22.00 EACH (CONTRACT NO. C23170) SUBMITTED BY: Rachelle D. Klassen, City Clerk CONTRACTOR: Nancy L. Helmer, President Quality Code Publishing LLC 7701 15t" Avenue N.W. Seattle, WA 98117 DATE: August 28, 2014 CONTENTS: • Staff Report - including Contract Amendment No. 1 Form • Notification of Increase Letter from Quality Code Publishing • Contract No. C23170 with Quality Code Publishing Recommendation By Minute Motion, approve 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 authorize the Mayor to execute Amendment No. 1 for this purpose, with all other service charges to remain the same as in original contract — funds are available in General Fund Account No. 110-4111-410-3090 - City Clerk Department Professional-Other. 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, cost for these services ranges from$1,200 to$6,600, including hard-copy updates, CD of the current Municipal Code, web hosting (htt�://qcode.us/codes/palmdesert/) and CodeAlert feature, which notifies anyone researching the Code of real-time modifications in between scheduled updates. For example, the difference in cost if there are changes to 50 pages of the hard-copy Municipal Code in any six-month period, it will result in an additional $100 cost for that update. Staff Report-Contract Amendment No. 1 to C23170-Municipal Code Supplement Service August 28, 2014 Page No. 2 In addition to the Municipal Code being readily available online, many staff inembers 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 �aw Library. Additionally, 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 they reimburse the City for providing them with the updated printed pages. Moreover,the$22.00 per-page cost of printed Code Supplement pages is still$4.00 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 the contractor's first request for a nominal increase to the cost of their services to the City in the last 10 years, staff recommends approval. Fiscal Analysis Fiscal impact related to this$2.00 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. 110-4111-410-3090 for these services that, on average, total around $7,500. Submitted by: Reviewed: � Rac elle D. lassen, MMC, City Clerk Paul S. ibson, Director of Finance Approved: ���I � � CTTY COUNCIL A ON '�-'�-- � DENIED APPROVED hn M. Wohlmuth, City Manager RECEIVED OTHER dk MEETING DATE ^2$� AYES:�►'�.�_`S��Q-1,1,J�9Q�oQr,Tu�ri�-�' Attachments (as noted) NOF,s:1��'�`4 - ARSENT: �fl� ABSTAIN: ..LJ°� VF.RIFIED 13Y: �K� r r�'� Ori�inal on File with City Clerk's Office H:IWPdataIWPDOCSIStalf ReporfslC23170-C.A.1-Qual Code-Aug28-2014.wpd � � ; .w'Q�''� , , � �,������` Contract#/P.O.# C23170 � � ' (� ' ` (�°��j � �� � ' = �" Change O der No. ��������J��, " ? .;����VL..L,11����� on i n C t�nge cy: YES NO X Contract Purpose Palm Desert Municipal Code Services Account►vo. 110-4111-410-3090 ConsultanYs Name Quality Code Publishing, LLC Project No. N/A Address: 7701 15th Ave. NW, Seattle, WA 98117 Vendor No. $4$7 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/ rint a e NET CHANGE IN CONTRACT PRICE: $ 2.00/ rint a e JUSTIFICATION: Contractor requesting $2.00/printed page increase to cover the increases in operating costs (printing, paper, insurance, labor, etc.). This is the first increase requested in the contract since it was awarded in 2004. Next P.D.M.C. Supplement Update in process currently, with anticipated completion August 2014. OTAL BUDGET FOR PROJECT: + $14,000 CONTINGENCY: - Less: Expend. & Encumb. To Date: - - Amount Approved by Council: + - Less: This Change Order Amount: - $2.00/ rint Less: Prior Amendment(s): - - BALANCE OF BUDGET $14,000 Less: This Amendment: - - REMAINING FOR PROJECT: $14 000 Balance Remainin of Contin enc : - 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.). Continued on reverse Contract C23170 Amendment No. 1 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# 1 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 # 1 . 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 VAN G. TANNER, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved H:\word data\Forms\C23170-Qual Code-CA No.1-2D14.doc � T 7701 15ch Avenue N.W. �� � Y � Seattle,Washington 98117 1 C!T Y C t.'a ,=, ` Phone 20G-216-9500 D E �'`� � ;�; _�� 800-328-4348 � F+ fax 206-216-9900 P U B L I S H I N G pfl�� ��� �� �{*, j�; �? www.qcode.us Publi.rhing d�'legi.rlatzve con.rulting.reruice.r for city and county government.r March 14,2014 Ms. Rachelle Klassen City Clerk 73-510 Fred Waring Drive Palm Desert,CA 92260 Dear Rachelle: Greetings! Please know how much I enjoy working with you and the City of Palm Desert. You have been a valued customer for years now,and I look forward to continuing to provide you and the City with outstanding codification products and superior service for years to come. I don't like having to give in to the bottom line,but at this time,Quality Code Publishing,like any other business, has to take into account increases in operating costs(printing,paper, insurance, labor,etc.), and so beginning July lst,we'll be raising the per-page rate for your printed supplements by two dollars, from: $20.00 to $22.00 per printed page. This will be the very first increase in pricing since we went into business 10 years ago. While this may seem like a lot,it really isn't. For instance,a typica150-page supplement will cost the city only$100 more than it does now. Please note that ALL other prices—such as for Web services, CDs, and so on--will remain the same. I hope this note finds you well and that you can understand that after a decade of being in business, we need to adjust our pricing slightly to cover our costs. Please don't hesitate to contact me with any questions or concerns or if you need additional information. Best regards, �c.�,r�, Nancy L. He�r � President Co; act 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�Seaitle,Washington 98109 206-560 4900�800 328'4348�Fax:206-285 2800�www.qualitycodepubiishing.com � ^ontract No. C23170 ' TABLC OF CONTENTS � . PAGE I'AR"1' 1 -SCOPL?OI�S(;RVICES.........................................................................:...............................2 SUPPLE1VaENT SERVICE.....................:............................................................2 ELEC"I'RONIC PUBLISHING& INTERNET SERVICF,S...............................3 PART[II-PRICES AND PAYMENT TERMS...................................................................................4 PART IV-RI;CI'I'A"('IONS AND SIGNA"TURES.............................................................................. 5 . Contract No. C"L3170 P[tOFF,SSIONAL SF,RVICES PROPOSAL , Quality Code Puhlislling, hereinafter referred to as "QCP," hercby agrees to research, edit, codify . and publish the ordinances of the City of Palm Desert, CA, hereinafter referred to as "City," according to the fc�li�wing terms and conditians: PART I-SCOPE OF SERViCES ' . 1. SUPPL[:MENT SEKVICF,S. (1C'P will provide ongoing updates for lhe City, on a regular schedule, as directed by the City. Ordinances will be Porwarded lo QCP as they , are adopted. I'rior to begimling a regula��ly scheduled suppleme��t, QCI' will corriact the City to confirm that QCP has received all the necessary ordinances. QCY's editors wil( prepare each supplement by completing the following steps: � l.l. Editing. QCP will organize the new ordinauces by subjeci and will insert all amendments into their proper places in the code•text. Provisions that have been repealed will be deleted fro�n the code text. , . L2. Proofreading. The r�vised pages will be proafreaci against ttie applicfible ordinance to insure accuracy of content. QCP is responsible for the typographical coire�tness of the supplemented material. Any errors attributable to QCP_will be corrected at no charge to the City. � �13. Update. Related Parts. All l�is�ory notes, tablcs, cross-references and index entries will be updated to retlect the new material. � 1.4. Pkiblish 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. lnsertion Guide. �ach supplement will include a page with instructions for inserting the new pages and removing�bsolete one5. 1.6. Electronic Copy of Code on CD-ROM. QCP wrll 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. , 1.7. Frequeucy. Tl�e City may choose to supplement the code quarterly, seini- . 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 Cil_y may lerminate ihe supplernenl 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. F.LFt;TI20NIC I'UIiL[5HING AND INT[:RNET SERVICFS. Quality Code � PublEshing's (nternet Service is a.n atfordable and practicat way for you to provide the � Citv e:ucie lu v��ur co�nmunilv un lhe Internet, wilh�ut lhe c:ost 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 Inter�let at the same time that we send you your printed supplements. An e�ample of o��r Internet services can be viewed at www.classicdaypublishin�.com/codes/sample/. 2.I CodeAlert(optional). CodeAlert is au �n-demand updatinb s�rvice that is ' � designed to work in conjunction with the Internet copy of the City's Code. CodeA(ert notifies the code user that a code section has been amended and pt•ovides a list of ordivances that have beei� passed, bUt IlOt yEt I11C01'�OCAtECI lllt0 the code. Sections of the code that have been affected by an adopted ordinance � will contain a warning at thc be�imiing of tlie section with a link to both the ordinance a�id the CodeAlert page. This service assures the viewer the most , accurale, up-lo-aate versiori of the cocle,no malter how frequenlly you choose lo 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 wili receive an electronic copy of the code on CU-RUM 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 � . Cor`=-act No. C23170 . PART III-PRICES AND PAYMENT TERMS � SUPPLEMENT SERVICES 3. Supplemenl charge per page(75 copies)......................................................................................$20.00 4, l;lectronic copy of the code afier each supplement on CD-KOM in MS WORD...........................N/C' 5. ELECTRONIC PUBLISHING SERVICES. ' Initial data conversion............:..............................:.................................................................N/C Additional charge for ituages/diagratns.....................................:............................................N/C Database updating,Per supplement(up to 50 pages).........:...............................................$75.00 Additiona(cost per page, if any,over 50 pages.................................................$1.00 One copy of the Code on CD-ROM......................................:...........................................$25.00� 6. INTERNET SERVICES. � One-time Set-up Fee..............................................................................................................:.N/C Monthly Storage asid Mauitenance Fee...............................................................................$45.00 7. CODEALERT. �, Monthlyupdating..............................................................................:............:....................$25.00 Chargeper ordinan�e..........................................................................................................$30.00 � S. 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 t�will be added to the costs quoted in this contract. 10. Payment Schedule: Balance due uUon deliveiy of the republislled 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 Intemet Services. 4 . " � Contract No. C231J0 PART IIl-REC;ITATIONS AND SiGNAT'URES e 11. PFRSONNF,L. Only experienced and yualiGed personne) wil) be employed in all editorial and codifiication w�irk. QCP's Customer Relaticros Representative will COt1SLILt the City when necessary and will keep the City informed of the progress of all codification work. 12. WARRANTY. QCP warrants o►��ly tl�at llte code will cur�tain all oI� tiie currently ef{eclive . ordinances provided to QCP by the City as revised and amended according to instructions from the City's Representative. 13. ASSIGNATION, INTEGRATION ANll MODIFICATION. When ehecuted by both QCP and the City, this agreement constitutes the entire agreement between the parties. There are no other agreements or representations nol sel forth in this agreement. This agreemeiit incor�orates all prior negotiations, agreements and representations. This agreement shali be binding upon and inure to the liene�t of the}�ar�t'res and their respective successors aud assigns. This agreemeni may • not be modified except in writing, signed by QCP and the City. 14. LAWS UF' WASHINGTON TO GOVERN. "('his agreement shall be governed by and construed in accordance with the laws oFlhe�State of Washington. 15. TIME FnR COMPLETION. Ti►ne is of the essence. For the laws of th� 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. s 16. WAIVER. The waiver by any party of a breacl� 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/SIGNATUR�S. This yuotation axicl agreement cotistitutes a bid by Quality Code Publishing for the performance of the codification services described Herein. If this quot�'tion and agreement is eYecuted by the City within 9U days of the clafe hereof, it shall be a binding contract between QCP and the City. � Subtnitted October 10,2004,by Accepted by Palm Desert, CA Quality 'ode Publishin B By,/Y „�,(.J' C�-,, Robert A. Spiege Nancy L. elme Title Mayor President � Date 11/18/2004 ATTEST: . S- ' Rac elle D. Klassen, ity Clerk 5 Contract No. C23170 llear Rachelle: I�: Codi�cation C',ost Cornparison I-Iere 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}�ages}�er year. Annual Supplement Service based on 150 pages changed per year. LexisNea�is QCP Total Rate Total Cost Rate Total Cost Savings Supplement 150 $26.00/pg $3,900.00 $20.001pg $3,000.00 $900.00 gs Annual Editorial $150.00 0 $150.00 Fee' Internetupdating: $1.50/pg $225.00 $75 + $175.00 $50.00 $1.00/pg over 50 pages Internet Storage& $500.00 $540.00 ($40.00) Maintenance CD-ROM—3 copies $30.00 $90.00 $25.00 $75.00 $15.00 Shipping& $60.00� $30.00 �$30.00 Handling 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 con�rm 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 I QCP does not charge an Annual Editorial Fee and there is no additional charge for map/diagram/table pages.