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Home My WebLink AboutCC Resolution 11596 (Supplement Service to Muni Code)RESOLUTION NO. 11596 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING PROPOSAL FROM MATTHEW BENDER CO., INC., A MEMBER OF THE LEXIS NEXIS GROUP (FORMERLY BOOK PUBLISHING COMPANY), FOR SUPPLEMENT SERVICE TO THE MUNICIPAL CODE FOR TWO YEARS (7/1/2004 - 6/30/2006) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to accept, on behalf of the City of San Rafael, a proposal from MATTHEW BENDER CO., INC., a member of the LexisNexis Group (formerly Book Publishing Company), for supplement service to the San Rafael Municipal Code for two years (7/1/2004 - 6/30/2006), a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINJ, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 19th day of July, 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips &Payor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JJA 'LEONCM, City Clerk word\city clerk work\agenda relatedf\Book Pub Reso PROFESSIONAL SERVICES PROPOSAL FOR THE CITY OF SAN RAFAEL, CALIFORNIA JULY, 2004 TABLE OF CONTENTS PAGE PARTI SCOPE OF SERVICES.......................................................................................... I PARTII ELECTRONIC SERVICES...................................................................................2 PART III PRICES AND PAYMENT TERMS...................................................................... 3 PART IV RECITATIONS AND SIGNATURES..................................................................4 PROFESSIONAL SERVICES PROPOSAL THIS AGREEMENT is made and entered into by and between the City of San Rafael, a municipal corporation located in the State of California, hereinafter referred to as the "Municipality" and Matthew Bender Company, Inc., a New York Corporation, successor in interest to Book Publishing Company, hereinafter referred to as "MB". MB, a member of the LexisNexis group, hereby agrees to perform certain services regarding the ordinances of the Municipality, according to the following terns and conditions: PART 1— SCOPE OF SERVICES 1. SUPPLEMENT SERVICES. MB will provide ongoing updates for the Municipality, on a regular schedule, as directed by the Municipality. Ordinances will be forwarded to MB as they are adopted. Prior to beginning a regularly scheduled supplement, MB will contact the Municipality to confirm that MB has received all the necessary ordinances. MB's editors will prepare each supplement by completing the following steps: 1.1. Editing. MB 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. Conflicts, inconsistencies, duplications or discrepancies created by the new material will be brought to the attention of the Municipality. 1.2. Update Related Parts. All history notes, tables, cross-references and index entries will be updated to reflect the new material. 1.3. Publish Supplement Pages. The revised pages will be retypeset to match the style and format of the code. The supplement will be printed in the quantity specified by the Municipality. 1.4. Insertion Guide. Each supplement will include a page with instructions for inserting the new pages and removing the obsolete ones. 1.5. Special Pages. Maps, charts, diagrams and tables with multiple columns require extra typesetting or camera work. There is an extra charge for these pages, as listed in Part II of this proposal. 1.6. Updating Computerized Copy. If requested, MB will provide updated copies of the code on diskette along with each printed supplement. 1.7. Frequency. The Municipality may chose to supplement the code quarterly, semi- annually or on an "as -needed" basis. The Municipality may change the supplement at any time. Frequency of the supplementation does not affect the supplement rate. PART II — ELECTRONIC SERVICES 2. INTERNET. 2.1 MB Web Site., MB will host the code on the MB web site. The Municipality will link the code to the Municipality's homepage. Each time the printed code is supplemented, MB will update the Internet copy. The cost is based on an annual storage fee and a per supplement -page format charge. For costs, please see Part III, Prices and Payment Terms. 2.2 MB's web site uses standard HTML files, arranged in a document tree with hypertext Tables of Contents. Each section is contained in a separate HTML file. These files can also be used on your Local Area Network using any standard web browser (the file server must support long filenames). 2.3 ORDLINKTm. OrdLinkTM is a service that is designed to work in conjunction with MB Internet service. OrdLinlJm flags amended code sections and links the pertinent ordinances not yet supplemented into the code with the corresponding section. This ensures the viewer the most accurate, up-to-date version of the code, no matter how frequently you choose to supplement. All ordinances passed by the 10th of each month (in the case of monthly service) will normally be updated and posted on the MB Web site within five working days from receipt of the ordinances. Existing sections of the code that have been affected by an adopted ordinance will contain a warning at the beginning of the section and a I ink pointing to the OrdLinkTM page. PART III — PRICES AND PAYMENT TERMS 3. Annual Editorial Fee............................................................................................ No charge 4. Double -column page style, per page.........................................................................$18.001 5. Partial pages will be charged as full pages. There is no charge for blank pages. 6. Extra charge for special pages (tables, maps, diagrams and charts), Perpage...................................................................................................................... $15.00 7. These rates include up to one hundred twenty-five printed copies of the supplement. 8. Shipping and handling will be prepaid by MB and invoiced to the Municipality 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. ELECTRONIC OPTIONS 10. INTERNET SERVICES. MB Web Site Access: HTML Formatting Service.................................................................... $1.60 per page Annual Storage and Maintenance Fee............................................................... $550.00 11. ORDLINKT"': Monthly Service...............................................................................$210.00 per month 1 This price of $18.00 is guaranteed for two years, from July 1, 2004 to June 30, 2006. 4 PART IV — RECITATIONS AND SIGNATURES 12. PERSONNEL. Only experienced and qualified personnel will be employed in all editorial and codification work. MB's Customer Relations Representative will consult the Municipality when necessary and will keep the Municipality informed of the progress of all codification work. 13. WARRANTY. MB warrants that only the supplement will contain all of the currently effective ordinances provided to MB by the Municipality as revised and amended according to instructions from the Municipality's Representative. 14. ASSIGNATION, INTEGRATION AND MODIFICATION. When executed by both MB and the Municipality, this agreement constitutes the entire agreement between the parties. There are no other agreements or representations not set forth in this agreement. This agreement supersedes 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 MB and the Municipality. 15. LAWS OF NEW YORK TO GOVERN. This agreement shall be governed by and construed in accordance with the laws of the State of New York. 16. TERMINATION. The Municipality may terminate the supplement service by canceling in writing at least 60 days prior to the editorial cut-off date for any regularly scheduled supplement. 17. 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. 18. DURATION OF QUOTATION/SIGNATURES. This quotation and agreement constitutes a bid by Matthew Bender & Company, Inc. for the performance of the codification services described herein. If this quotation and agreement is executed by the Municipality within 90 days of the date hereof, it shall be a binding contract between MB and the Municipality. Submitted by Matt w ender a , Inc. By L igh R 'ppe Vice Pr ent Government Relations & Contracts Date 15 , Z001 -t Accepted by i of San ael, California By / '/ Al er�E : o Bo " Title Mayor Date July 19, 2004 Attest it. Jeanne M. Leoncini City Clerk