Loading...
HomeMy WebLinkAboutR-2006-111 Code Publishing Company ContractRESOLUTION NO. R-2006-111 A RESOLUTION authorizing the execution of a professional services contract with Code Publishing Company for the provision of legal publishing services to the City, to include Yakima Municipal Code codification services, intemet hosting and the creation of searchable electronic files, as well as supplementing online and printed versions of the Yakima Municipal Code. WHEREAS, the Yakima Municipal Code has not been updated since September, 2004; and WHEREAS, since September, 2004 approximately one hundred fifty two new ordinances have been passed by the Yakima City Council, all of which require codification into the Municipal Code to make the Code a current and reliable document; and WHEREAS, the City of Yakima desires Internet accessibility to a current version of the Yakima Municipal Code for City staff and the public, as well as access to printed copies whenrequested to provide same; and WHEREAS, it is important that the Yakima Municipal Code codification input, both online and in hardcopy format, be completed in a timely and accurate manner, and WHEREAS, Code Publishing Company has agreed to provide the Yakima Municipal Code codification services required by the City under the terms set forth in a certain Consultant Agreement for Professional Services, attached hereto and incorporated herein by this reference; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached Consultant Agreement with Code Publishing Company to provide the professional services specified therein, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES" with Code Publishing Company to provide the City with codification and online access to the Yakima Municipal Code as set forth in the terms and conditions of said contract. The City Attorney's office has approved the final form of the attached agreement. ADOPTED BY THE CITY COUNCIL this 18tday of Jul ,0 ATTEST: David Edler, Mayor City Clerk CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES for City of Yakima, Washington r This Agreement is made and entered into on this) day of JG 2006, between the City of Yakima, Washington, hereinafter referred to as "CLIENT", and CODE PUBLISHING COMPANY, hereinafter referred to as "CONSULTANT". CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as follows: I. OBJECTIVES This Agreement covers legal publishing services, including supplementing, printing, and computer text output of the YAKIMA MUNICIPAL CODE, hereinafter referred to as the "CODE". The CLIENT may contract separately for a complete recodification and republishing of the CODE at any time in the future. All copyrights belong to CLIENT. II. SCOPE OF SERVICES The CONSULTANT shall provide codification services respective to the CODE, to include Internet hosting and searchable electronic files, as well as supplements for both the online and printed versions of the CODE. The CLIENT shall deliver to the CONSULTANT the present CODE text and ordinances in hard -copy form and text files in a word processing or text format (i.e., a non -graphic format) via e-mail to codepublishing@gwest.net. The CODE produced by the CONSULTANT shall be the exclusive and sole property of the CLIENT, and the CLIENT may use said CODE for any purposes it deems appropriate, including the right to copy, distribute, or sell said CODE. The CONSULTANT shall provide a proof copy of the first supplement together with editorial questions and comments for CLIENT review and approval. The CLIENT will review and annotate the proof copy with desired changes, then retum the proof to the CONSULTANT. CLIENT shall periodically forward newly adopted, revised or amended ordinances to the CONSULTANT. The CLIENT shall provide the CONSULTANT with ordinances in hard copy format and text files in a word processing or text format (i.e., a non -graphic format) via e-mail. Affected pages of the CODE, as well as the indexes and tables thereto, shall be edited and revised to reflect new provisions and/or modifications, with appropriate headnotes, catchlines, footnotes and cross references. The CONSULTANT shall provide the CLIENT supplemental updated pages for the CODE on a schedule determined by the CLIENT. Printed supplemental sets, together with insertion/deletion instructions will be delivered to the CLIENT. The electronic files will be updated concurrently with the printed edition, or as specified in writing by the CLIENT. Printed and electronic file supplement delivery shall occur within two (2) to six (6) weeks following receipt of the last ordinance included in the update. Camera-ready (jc)/Consultant Services Agreement Page 1 Code Publishing Company copy and/or print -image computer files shall be available upon request, at no additional cost to CLIENT. The CLIENT'S existing electronic files shall be used to convert the CODE into CONSULTANT's HTML searchable format. The searchable CODE shall be hosted on the Internet and accessible from a link on the CLIENT's website. The online CODE shall be supplemented as determined by the CLIENT. III. PAYMENT a. As compensation for these services CLIENT agrees to pay CONSULTANT as set forth in the Cost Sheet, attached hereto and incorporated herein as Exhibit "A". A progress payment of fifty (50) percent of the total billing statement is due upon delivery of the text proof. The balance shall be billed upon delivery of the completed CODE, or within ninety (90) days, whichever occurs first, or upon other arrangements as specified in writing by the CLIENT. Internet and legal services shall be invoiced separately and payment for these invoiced charges shall be due upon delivery. Additional services shall be payable upon delivery, including supplements. Invoices are due and payable within thirty (30) days of receipt. b. The CONSULTANT shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the CLIENT. c. In the event the CONSULTANT has failed to perform any substantial obligation to be performed by the CONSULTANT under this Contract and such failure has not been cured within ten (10) days following notice from the CLIENT, then the CLIENT may, in its sole discretion, upon written notice to the CONSULTANT, withhold any and all monies due and payable to the CONSULTANT, without penalty until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. d. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONSULTANT will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination. IV. RETAINER Retainer is waived for CLIENT. V. STANDARD PROVISIONS 1. TERM OF CONTRACT The term of this Contract shall begin on the date last executed below, and may be terminated by either party upon sixty (60) days written notice, unless terminated earlier by the CLIENT in accordance with paragraph 6 of this Section of this Contract. Upon termination, the CONSULTANT shall be entitled to compensation to the extent of actual work performed and provided to the CLIENT, consistent with the compensation provisions set forth in paragraph III, above. (jc)/Consultant Services Agreement Page 2 Code Publishing Company 2. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: a. For CONSULTANT: Name of Representative: Title: Mailing Address: City, State and Zip Code: Telephone Number: Fax Number: E-mail Address: b. For CLIENT: Name of Representative: Title: Mailing Address: City, State and Zip Code: Telephone Number: Fax Number: E-mail Address: Margaret O. Bustion President 9410 Roosevelt Way NE Seattle, WA 98115-1164 206-527-6831 www.codepublishing.com Debbie Moore City Clerk 129 North Second Street Yakima, WA 98901 509 575-6037 509 575-6251 dmoore@ci.yakima.wa.us 3. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONSULTANT in the performance of any work required under this Contract, the CONSULTANT shall make any and all necessary corrections without additional compensation. All work submitted by the CONSULTANT shall be certified by the CONSULTANT and checked for errors and omissions. The CONSULTANT shall be responsible for the accuracy of the work, even if the work is accepted by the CLIENT. b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the CLIENT. 4. HOLD HARMLESS AND INDEMNIFICATION a. The CONSULTANT shall hold harmless, indemnify and defend the CLIENT, its officers, officials, employees and agents, from and against any and all claims, actions, ac)/Consultant Services Agreement Page 3 Code Publishing Company suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONSULTANT'S acts, errors or omissions in the performance of this Contract. Claims shall include, but not be limited to, claims that information supplied by the CONSULTANT infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONSULTANT'S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the CLIENT, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONSULTANT'S obligations hereunder shall apply only to the percentage of fault attributable to the CONSULTANT, its employees or agents. b. In any and all claims against the CLIENT, its officers, officials, employees and agents by any employee of the CONSULTANT, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONSULTANT under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONSULTANT expressly waives any immunity the CONSULTANT might have had under such laws. By executing the Contract, the CONSULTANT acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONSULTANT makes with any CONSULTANT or agent performing work hereunder. c. The CONSULTANT'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONSULTANT, the CONSULTANT'S employees, or agents. 5. INSURANCE a. Workers' Compensation: The CONSULTANT shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the CLIENT. If the CONSULTANT has employees, the CONSULTANT shall request the Washington State Department of Labor and Industries, Workers' Compensation Representative, send written verification to CLIENT that the CONSULTANT is currently paying Workers' Compensation. b. Commercial General Liability: The CONSULTANT shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per Toss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000. i. The CONSULTANT shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONSULTANT will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. (jc)/Consultant Services Agreement Page 4 Code Publishing Company ii. The CONSULTANT'S Commercial General Liability insurance shall include the CLIENT, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the CLIENT as an additional insured. The CONSULTANT shall furnish the CLIENT with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the CLIENT as an additional insured. iv If the CONSULTANT'S liability coverage is written as a claims made policy, then the CONSULTANT must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. v. If the Contract is over $50,000 then the CONSULTANT shall also maintain Employers Liability Coverage with a limit of not less than $1 million. d. Other Insurance Provisions: The CONSULTANT'S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the CLIENT, its elected and appointed officers, officials, employees and agents. ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CLIENT, its officers, officials, employees or agents. iii. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. The CONSULTANT shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the requirements stated herein. v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. vi. The CONSULTANT shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. e. Verification of Coverage and Acceptability of Insurers: The CONSULTANT shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington. (jc)/Consultant Services Agreement Page 5 Code Publishing Company i. Certificates of Insurance shall show the Certificate Holder as City of Yakima and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department. ii. Written notice of cancellation or change shall be mailed to the CLIENT's Contract Representative identified in Section 4 of this Contract iii. The CONSULTANT shall furnish the CLIENT with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the CLIENT. iv. The CONSULTANT or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the CLIENT. 6. TERMINATION a. The CLIENT may terminate this Contract in whole or in part whenever the CLIENT determines, in its sole discretion, that such termination is in the best interests of the CLIENT. The CLIENT may terminate this Contract upon giving sixty (60) days written notice by Certified Mail to the CONSULTANT'S Contract Representative. In that event, the CLIENT shall pay the CONSULTANT for all costs incurred by the CONSULTANT in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section III of this Contract. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the CLIENT may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the CLIENT to the CONSULTANT. After the effective date, no charges incurred under this Contract are allowable. c. If the CONSULTANT breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the CLIENT, the CLIENT may terminate this Contract, in which case the CLIENT shall pay the CONSULTANT only for the costs of services accepted by the CLIENT, in accordance with Section III of this Contract. Upon such termination, the CLIENT, at its discretion, may obtain performance of the work elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the CLIENT in completing the work and all damage sustained by the CLIENT by reason of the CONSULTANT'S breach. (jc)/Consultant Services Agreement Page 6 Code Publishing Company 7. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. The CONSULTANT shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of the CONSULTANT under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CLIENT. b. The CONSULTANT warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 8. NON -WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 9. INDEPENDENT CONSULTANT a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an Independent CONSULTANT and not as an agent, employee or servant of the CLIENT. The CONSULTANT specifically has the right to direct and control CONSULTANT'S own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. The CONSULTANT acknowledges that the entire compensation for this Contract is set forth in Section III of this Contract, and the CONSULTANT is not entitled to any CLIENT benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to CITY OF YAKIMA employees. c. The CONSULTANT shall have and maintain complete responsibility and control over all of its subconsultants, employees, agents, and representatives. No subconsultant, employee, agent or representative of the CONSULTANT shall be or deem to be or act or purport to act as an employee, agent or representative of the CLIENT. d. The CONSULTANT shall assume full responsibility for the payment of aII payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any City, federal or state legislation which is now or may be enacted during the term of this Contract as to all persons employed by the CONSULTANT and as to all duties, activities and requirements by the CONSULTANT in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations. e. The CONSULTANT agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the CLIENT's Contract Representative or designee. (jc)/Consultant Services Agreement Page 7 Code Publishing Company 10. COMPLIANCE WITH LAWS The CONSULTANT shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 11. INSPECTION OF BOOKS AND RECORDS The CLIENT may, at reasonable times, inspect the books and records of the CONSULTANT relating to the performance of this Contract. The CONSULTANT shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes. 12. NONDISCRIMINATION The CONSULTANT, its assignees, delegatees or subconsultants shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 13. OWNERSHIP OF MATERIALS/WORK PRODUCED a. Material produced in the performance of the work under this Contract shall be as works for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the CLIENT. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The CLIENT agrees that if it uses any materials prepared by the CONSULTANT for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONSULTANT harmless therefore to the extent such use is agreed to in writing by the CONSULTANT. b. An electronic copy of all or a portion of material produced shall be submitted to the CLIENT upon request or at the end of the job using the word processing program and version specified by the CLIENT. 14. DISPUTES Differences between the CONSULTANT and the CLIENT, arising under and by virtue of this Contract, shall be brought to the attention of the CLIENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONSULTANT shall be decided by the CLIENT's Contract Representative or designee. All rulings, orders, instructions and decisions of the CLIENT's Contract Representative shall be final and conclusive, subject to the CONSULTANT's right to seek judicial relief pursuant to paragraph 15 of this Section. 15. CHOICE OF LAW, JURISDICTION AND VENUE a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this (jc)/Consultant Services Agreement Page 8 Code Publishing Company Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in the CITY OF YAKIMA, Washington. 16. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the CLIENT determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the CLIENT may, in its sole discretion, terminate this Contract. 17. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, retum receipt requested, to the addresses set out in paragraph 2 of this Section. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. 18. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. (jc)/Consultant Services Agreement Page 9 Code Publishing Company V. AUTHORIZED SIGNATORS CODE PUBLISHING COMPANY By: - y�v m-'- argaret O. Bustion, President Date: 3 (,20t4 CITY OF YAKIMA By: R. A. Zai Jr. City Manager er Date: S -L i9t aoo Attest: fig- ,6 240-64,,,, City Clerk City Contract No. .R006-65- Resolution 006— oSResolution No. /?-74006 ,--/ / (jc)/Consultant Services Agreement Page 10 Code Publishing Company EXHIBIT "A" Yakima, WA Cost Quotation Sheet May 2006 Initial Supplement Service Editorial (editing, proofing, indexing, etc.): Text (est. 400 pages): $15.00/page $6,000.00 (estimated) Tables, graphics, maps (est. 30 pages): $15.00/page $450.00 1 copy, includes freight: $0.10/impression $40.00 (estimated) PDF file for in-house printing/archival Included Total Editorial/Printing, Initial $6,490.00 Code Online Initial conversion of HTML files (entire code) $1,295.00 flat rate Annual Internet hosting fee $350.00 per year Electronic supplements $1.95 per page Online on -demand No charge Total Online $1,645.00 Future Print Supplement Service Editorial (editing, proofing, indexing, etc.): Text $19.00 per page Tables, graphics, maps (est. 30 pages): $15.00/page $15.00/page Copies or reprints, includes freight $0.10 per impression PDF file for in-house printing/archival Included Optional: Binders: 3 -ring (no minimum) Custom, expandable post (min. order 25) Tab dividers: Generic (no minimum) Custom (min. 1St order 25) Telephone support Subscription service $10.00 each $60.00 each $10.00 per set $15.00 per set No charge No charge No startup costs. No "per supplement" charges. No extra charges or higher page rates if printed or electronic supplements are requested more often (i.e., semi-annually, quarterly, on -demand, etc.). Payments for recodified codes may be stretched over two budget cycles. Please call if any of our services can be modified to better suit the needs of your municipality. (/c)/Consultant Services Agreement Page 11 Code Publishing Company BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No: j I For Meeting Of 7/18/06 ITEM TITLE: Consideration of Resolution authorizing execution of agreement with Code Publishing for code book supplement services SUBMITTED BY: Dave Zabell, Assistant City Manager CONTACT PERSON/TELEPHONE: Karen Roberts, City Clerk / 575-6037 SUMMARY EXPLANATION: The attached resolution would authorize the execution of a contract with Code Publishing to update the Yakima Municipal Code. Code Publishing would codify ordinances passed since September 2004 and provide an up-to-date supplement to our Municipal Code. In addition to providing a hard -copy version, the consultant would also host the Municipal Code on their Internet site in a searchable file. The Municipal Code would be accessed on our website through a hyperlink to Code Publishing. The Yakima Municipal Code is on the City's website; however, ordinances passed since the last codification are attached as separate documents. Code Publishing would codify the online code as the ordinances are provided to them. If you would like to see other cities' codes hosted by Code Publishing, you may do so at www.codepublishing.com. The cost is determined on a per -page basis, with an additional charge for online hosting. The cost for this supplement is estimated at $8200, and reflects a one-time reduction of $4 in the $19.00 per page charge. Resolution X Ordinance _ Contract X Other (Specify) Funding Source: General Fund — C' ° Ierk budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. COMMITTEE RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-111 Proposal for Document Hosting Services finms���d}# § CODIFICATIUN ACCOICIT ITIRIAGEM ewood@generalcode.com 800.836.8834 DATE: May 1, 2023 Table of Contents Scope of Services ., - . .- -- -- ... ............... ..... ... 2 Authorization/Ag reement. . . . ...... ........ 3 Multiple Document Hosting Customers..,... 4 Scope of Services Hosting Ordinances, Resolutions and Other Documents Code Publishing offers hosting of ordinances and resolutions (as well as other types of documents) as separately identifiable products and viewable as links to the products seen on the main code page. All documents are searchable using the same search engine as the municipal code. All files should be delivered to CPC as PDF files which have already been text recognized or in a format that allows text recognition. Filenames should be programmable (Ord201, Ord202, or Ord2020-01, OrcI2020-02). Hypertext links to ordinances, statutory citations (e.g., RCVV and WAC), and other external web -hosted documents cited in the document will be included. Code Publishing Company can host and update many types of municipal documents, using the same user-friendly interface and search engine as the code. These are just a few of the possibilities: Document Types 0 Separate Zoning / Development Codes (hosting costs included with Municipal Code) • Comprehensive Plans / General Plans • Area Plans / Special Plans • Ordinances • Resolutions ® Council or Commission Minutes • Agendas ® Policies • Engineering Standards Choose as many document sets as you want, to be hosted along with or separately from the Municipal Code. Includes the same interface as the code. Enhancements are separate for each file set. To view the actual text of ordinances, we do have an optional enhancement for our online codes that allows PDF files of all ordinances to be viewed. If you'd like more information on the costs and work involved, please contact Emily Wood. F ,'i 0 Authorization/ Ag reement The City of Yakima, May 1, 2023 Scope Of Service: Ordinance Hosting The City hereby agrees to the procedures set forth in the scope of services proposal and authorizes Code Publishing Company to proceed with adding Ordinance products to the Yakima Municipal Code website on the CPC web server. CPC will update the product as new files are submitted, No other terms of previous agreements have changed, Document Hosting Document Hosting of 126 Ordinances Setup $900 Document Hosting Annual Maintenance $100 Performance and Payment Schedule Performance Schedule: I Posting of relevant documents: within 10 to 12 weeks of contract signing and receipt of materials Payment Schedule: 50% will be invoiced upon return of signed contract; 50% will be invoiced upon posting of relevant documents The City of Yakima, Washington, hereby agrees to the procedures outlined above, and to General Code's Terms and Cond' "oars, which are located here: Terms and Conditions City a a, Ya I a County, Washington -- ------ Witnessed by -- Title: Title, Date: W Date: — ------ Code Publishing, LLC/General Code, LLC By`__ Witnessed by: Title: --,VP- of-ClientEnaaaement Title —Proposal-PubliSibing-A ss.od-late-, Date: May 9, 2023 Date: 519/2023 A signed copy of this agreement will be mailed back to Yakima for its records, Scan and email the completed form to contracLijbMj#VLQQV%rdg!, You may also return it by mail to General Code, 781 Elmgrove Road, Rochester, NY 14624. CITY CONTRACT N&,�oa-3- 0-13 RESOLUTION NO: A 0 Multiple Document Hosting Customers JURISDICTION DOCUMENTS LINK Seaside, CA Linked history notes codepublishing.com/CA/Seaside Searchable and hosted ordinances, resolutions, minutes and agendas Snohomish County, WA Linked history notes Searchable snohom ish, county. codes/ and hosted ordinances, resolutions planning policies Quincy, WA Linked history notes codepublishing.com/WA/Quincy/ Hosted ordinances Bellingham, WA Linked history notes Searchable and bellingham. municipal codes/ hosted ordinances, resolutions Oak Harbor, WA Linked history notes Searchable and codepublishing,com/WA/OakHarbor/ hosted ordinances, policies, labor agreements Watsonville, CA Linked and hosted ordinances code pu bl ish i ng,com/CA[Watsonvi lie/ Monterey, CA Linked history notes Searchable monterey.municipal.codes/ and hosted ordinances, resolutions Cross Valley Water District, WA Linked history notes Searchable and hosted resolutions, board minutes codepublishing.com/WA/CrossValleyWaterDistricY Olympia, WA Multiple documents codepublishing.com/WA/Olympia/ Newburg, OR Linked history notes; Hosted ordinances codepublishing.com/OR/Newberg Bellevue, WA Linked history notes Searchable bellevue.municipal,codes/ and hosted ordinances, resolutions Linked history notes Hosted ordinances, lakewood.municipal.codes/ resolutions, minutes Ell A Member of the ICC Family of Solutions PENDING SIGNATURE Yakima, C, WA CPC Document Hosting Proposal Final Audit Report "PENDING SIGNATURE Yakima, C, WA CPC Document Hostin g Proposal" History Document created by Lane Davis (LDavis@generalcode.com) 2023-05-09 - 1:00:03 PM GMT El, Document emailed to Cristina LoVerde (cloverde@generalcode.com) for signature 2023-05-09 - 1:00:39 PM GMT Email viewed by Cristina LoVerde (cloverde@generalcode.com) 2023-05-09 - 2:46:07 PM GMT Document e-signed by Cristina LoVerde (cloverde@generalcode.com) Signature Date: 2023-05-09 - 2:46:49 PM GMT - Time Source: server Agreement completed. 2023-05-09 - 2:46:49 PM GMT a Adobe Acrobat Sign