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HomeMy WebLinkAboutAgr 1999-06-24 (Book Publishing Co.)PROFESSIONAL SERVICES PROPOSAL FOR THE TOWN OF TIBURON, CALIFORNIA June 24, 1999 (Revised) PUBLISHING COMRANY 201 Westlake Avenue North Seattle. Washington 98109 TABLE OF CONTENTS PAGE PART I - SCOPE OF SERVICES 1 CODE CONVERSION I PROOFREADING 1 COMPUTERIZED COPY OF CODE 1 SALE OF CODES I SUPPLEMENT SERVICES . I SAMPLE ORDINANCE SERVICE 2 PART II - OPTIONAL SERVICES 3 COMPUTERIZED COPY OF CODE 3 CODEMASTER SOFTWARE OPTIONS 3 CODEONLINE SOFTWARE . 3 INTERNET OPTIONS 3 PART III - PRICES AND PAYMENT TERMS 4 PART IV - RECITATIONS AND SIGNATURES 6 PART V - SAMPLE PAGE 7 PROFESSIONAL SERVICES PROPOSAL Book Publishing Company, hereinafter referred to as "BPC," hereby agrees to research, edit, codify and publish the ordinances of the Town of Tiburon, California, hereinafter referred to as "Municipality," according to the following terms and conditions: PART I - SCOPE OF SERVICES 1. CODE CONVERSION. The code will be reformatted and republished as follows. 1.1. Stock. The code will be printed on 50 lb. white offset paper. (Note: a page is one side of a sheet of paper.) 1.2. Page format. The page style will be consistent with the format chosen by the Municipality: 8'/z x 11 inches, double sided, double column, (samples attached). 1.3. Printing. BPC will print the number of copies specified by the Municipality. Additional copies of the entire code, or portions thereof, may be ordered by the Municipality as they are needed. 1.4. Binders. BPC will offers customized, heavy duty, expandable post binders, or 3-ring binders, in any quantity the city needs. Binders are available in a selection of colors and will be imprinted on the cover and spine with an appropriate title. The Municipality may also add a seal, logo or other artwork to the binder covers. 1.5. Reprints. Additional copies of individual code titles such as zoning and traffic are available at an extra cost. They may be ordered with printed paper covers or separate binders. 2. PROOFREADING. BPC will proofread the entire code for accuracy. BPC is responsible for the typographical correctness of the code. Any errors attributable to BPC will be corrected at no charge to the Municipality. 3. COMPUTERIZED COPY OF CODE. If desired, BPC can provide the Municipality with a copy of the code on computer diskette for convenient, on-line access. Please see Part II, Optional Services. 4. SALE OF CODES. The Municipality has exclusive rights to sell copies of the completed codes and looseleaf supplements. 5. SUPPLEMENT SERVICES. BPC will provide ongoing updates for the Municipality, on a regular schedule, as directed by the Municipality. Ordinances will be forwarded to BPC as they are adopted. Prior to beginning a regularly scheduled supplement, BPC will contact the Municipality to confirm that BPC has received all the necessary ordinances. BPC's editors will insure that the following steps are completed. 5.1. Editing. BPC 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. 5.2. Update Related Parts. All history notes, tables, cross-references and index entries will be updated to reflect the new material. Tables showing the disposition of each municipal ordinance shall be prepared and included in the code volume. Repealed and omitted special ordinances shall be so noted. 5.3. Statutory Reference Table. BPC shall include a list of state laws which pertain to, or affect, the Municipality's local Code provisions. 5.4. Publish Supplement Pages. The revised pages will be retypeset to match the style and format of the code. 5.5. Insertion Guide. Each supplement will include a page with instructions for inserting the new pages and removing obsolete ones. 5.6. Updating Computerized Copy. If requested, BPC will provide updated copies of the code on diskette, along with each printed supplement. Please see Part II, Optional Services for descriptions of computer format options. 5.7. Frequency. The Municipality may choose to supplement the code quarterly, semi-annually, annually, or on an "as-needed" basis. The Municipality may change the supplement interval at any time. Frequency of supplementation does not affect the supplement rate. 5.8. 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. 6. SAMPLE ORDINANCE SERVICE. BPC will provide sample ordinance language wherever possible to assist with the drafting of new and amendatory legislation. This service is offered at no charge to BPC customers and is available in hard copy or on disk. 2 PART II - OPTIONAL SERVICES 7. COMPUTERIZED COPY OF CODE. The Municipality may order a copy of the code on diskette(s) or CD-ROM provided in the Municipality's choice of Rich Text Files (RTF) compatible with most word processing programs such as MS Word or WordPerfect for Windows, ASCII text or WordPerfect 5.1 (DOS). Please indicate the desired format in Part III, Prices and Payment Terms. 8. CODEMASTER SOFTWARE. BPC offers CodeMaster, an exclusive software designed to assist in managing municipal records such as your code, council minutes,` resolutions, etc. CodeMaster provides powerful search and retrieval, direct editing (importing/exporting text), the ability to directly draft code amendments, and elimination of manual indexing. Available for both stand-alone PC's and for networks, CodeMaster includes a twelve-month maintenance agreement, telephone and electronic support, CodeMaster newsletter, all upgrades and new releases. Two-day and three-day training packages are also available. 9. CODEONLINE. BPC offers CodeOnline, a single-source, single-CD multi platform distribution solution. The single-CD will include the code formatted in three file types: 9.1. Folio VIEWS/Adobe Acrobat Portable Document Format (PDF). The Folio infobase will contain PDF files appearing as underlined hypertext links. The advantage of PDF files is that they preserve the appearance of the printed document. This would include portions of the code which are difficult to convert or maintain in electronic format such as graphs, diagrams, charts or tables. 9.2. HTML. The HTML version of the code may be viewed directly from the CD with your web browser. The files may be published on a network, including the Internet. This version will also contain PDF files as described above. 9.3. Word processing files. The files may be opened using nearly any Windows word processor. 10. INTERNET OPTIONS. BPC provides options for Internet Access for your Municipal Code. 10.1. BPC WebSite. On the BPC WebSite, the code can be accessed at our Internet address and linked to the Municipality's homepage. Each time the printed code is supplemented, BPC will update the Internet copy. The cost is based on a one-time set-up fee, an annual storage fee, and the cost to format the code. Supplement formatting costs are additional. For costs, please see Part III, Prices and Payment Terms. BPC's WebSite 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). 10.2. Municipality's Website. If the Municipality prefers to post the code on its website, BPC can provide the code in HTML files for use with any standard web browser (not including a search engine.) Additional formatting will be necessary, depending on the search engine or web browser. HTML files can also be used on a Local Area Network. When the code is supplemented, BPC can provide HTML files to update the Internet copy. Please see Part III, Prices and Payment Terms. 3 PART III - PRICES AND PAYMENT TERMS CODIFICATION SERVICES 11. Double-column page style, initial 350 pages, up to 20 copies $3,500.00 Charge for additional pages, if any, per page $10.00 Credit for fewer pages, if any, per page $10.00 12. Extra charge for pages supplemented at time of conversion, initial 275 pages $1,650.00 Charge for additional pages, if any, per page $6.00 Credit for fewer pages, if any, per page $6.00 13. Partial pages will be charged as full pages. There is no charge for blank pages. 14. These rates include twenty (20) printed copies of the code. (Additional copies may be ordered for a nominal fee.) 15. Future Supplement Cost: Supplement charge per page: $18.00 16. Shipping will be prepaid by BPC and invoiced to the Municipality upon delivery. 17. If a sales tax is applicable to this work, the amount of such tax will be added to the costs quoted in this contract. 18. Payment Schedule: Upon signing of this contract $1,000.00 Upon delivery of the completed code books to the Municipality: Remainder Balances which remain unpaid more than 60 days after delivery of the codebooks are subject to a late charge of 1 % per month. OPTIONAL 19. [ ] Post Binders, 20 expandable $27.00 each [ ] 3-Ring Binders, 20 cloth $18.00 each ] 3-Ring Binders, 20 vinyl $14.00 each [ ] Custom Tabbed Divider Pages (set of 20) $360.00 4 PART III, CONTINUED - PRICES AND PAYMENT TERMS OPTIONAL SERVICES 20. Copy of Code on Diskette No Charge Additional charge for a copy of code on CD-ROM $50.00 Please indicate the format desired: [ ] PLAIN TEXT* [ ] WordPerfect 5.1 (DOS)* [X] RTF* (Rich Text Format) [ ] Diskettes not desired at this time *These formats can be opened with most Windows word processing software such as MS Word or WordPerfect for Windows. If you are using Windows-based word processing software, we recommend RTF format. 21. Electronic supplements on diskette, CD-ROM or Internet $1.50 per page 22. CODEMASTER. [ ] CodeMaster Software: includes one-year maintenance agreement, including upgrades and new releases $2,000.00 (Formatting provided at no charge if purchased as part of codification package.) Additional CodeMaster licenses $70.00 each Site License (unlimited user access) $1,800.00 [ ] Training ❑ 2-day on-site training $3,000.00; ❑ 3-day on-site training $3,500.00. Annual support renewal (after first year) $750.00 23. CODEONLINE. [ ] CodeOnline includes HTML, Folio and word processing files on one CD-ROM $1.50 per page 24. INTERNET SERVICES. (Select one option if Internet Services are desired.) [ ] BPC WebSite Access HTML formatting, 350 pages at $1.50 per page $525.00 One-time set-up fee $100.00 Annual Storage and Maintenance Fee $500.00 [ ] Municipality's WebSite Access HTML formatting, 350 pages at $1.50 per page $525.00 5 PART IV - RECITATIONS AND SIGNATURES 25. PERSONNEL. Only experienced and qualified personnel will be employed in all editorial and codification work. BPC's Customer Relations Representative will consult the Municipality when necessary and will keep the Municipality informed of the progress of all codification work. 26. WARRANTY. BPC warrants only that the code will contain all of the currently effective ordinances provided to BPC by the Municipality as revised and amended according to instructions from the Municipality's Representative. 27. ASSIGNATION, INTEGRATION AND MODIFICATION. When executed by both BPC 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 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 BPC and the Municipality. 28. LAWS OF CALIFORNIA TO GOVERN. This agreement shall be governed by and construed in accordance with the laws of the State of California. 29. TIME FOR COMPLETION. Time is of the essence. It is the intention of BPC, with the cooperation of the Municipality, to deliver the completed codes to the Municipality within seven months of the receipt of codification material from the Municipality. Should delivery be delayed because of the Municipality's delay in performing its duties according to this contract, BPC shall have the right to increase the final cost of the code to compensate for any increase in labor, materials or overhead costs. Due to unanticipated changes in airline, accommodation and car rental costs, these prices are subject to change. 30. 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. 31. DURATION OF QUOTATION/SIGNATURES. This quotation and agreement constitutes a bid by Book Publishing Company, a Washington corporation, 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 BPC and the Municipality. Submitted June 24, 1998, by Accepted by the Town of Tiburon, California Book Publishing Company, A corporation By: Robert Kleinert Town Manager Signature Nancy L. Vice Presi ent Ge era] Manager Date contras.9%tiburon.ca 6 r PART V - SAMPLE PAGE 17.24.010 Chapter 17.24 ADMINISTRATION Sections: 17.24.010 Certificates and occupancy permits. 17.24.020 Duties of the building inspector. 17.24.030 Plan commission. 17.24.040 Zoning board of appeals. 17.24.050 Appeals. 17.24.060 Variations. 17.24.070 Amendments. 17.24.080 Special uses. 17.24.090 Fees and costs-Deposits. 17.24.100 Violation, penalty, enforcement. 17.24.110 When effective. 17.24.120 Posting notice of public hearing on subject property. 17.24.010 Certificates and occupancy permits. A. Zoning Certificates. No permit pertaining to the use of land or buildings shall be issued unless the building inspector has certified, after examina- tion, that it complies with all provisions of this title. B. Occupancy Permits. No land shall be occu- pied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building inspector stating that the building complies with all the building and health laws and ordinances and with the provisions of this title. C. Permit for Change of Use. No change of use shall be made in any building or part thereof now or hereafter erected or altered without a permit having been issued by the building inspector, and no permit shall be issued to make such change unless it is in conformity with the provisions of this title and amendments thereto. D. Continuance of Present Occupancy. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for the safety of life and property. Certificate for occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within thirty days after the erection or alteration of such building has been satisfactorily completed. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be fur- nished on request to any person having proprietary or tenancy interest in the building affected. (Ord. 64-1 § VII(A)) 17.24.020 Duties of the building inspector. The building inspector of the village, or other officials that have been or shall be duly appointed by the village board, shall enforce this title, and, in addition thereto, and in furtherance of said authority, shall: A. Issue all certificates of occupancy and make and maintain records thereof; B. Conduct inspections of buildings, structures and uses of land to determine compliance with 'the terms of this title; C. Maintain permanent and current records to the ordinance codified in this title, including, but not limited to, all maps, amendments, special uses, variations, appeals and applications therefor; D. Provide such clerical and technical assistance as may be required by the zoning board of appeals in the exercise of its duties. (Ord. 64-1 § VII(B)) 17.24.030 Plan commission. The plan commission is the plan commission of the village. A. Jurisdiction. The plan commission shall have the following duties under this title: 1. To receive from the village clerk copies of all application for amendments or special uses which have been introduced into the village board, and submit reports to the zoning board of appeals and the village board setting forth its findings and rec- ommendations in the manner prescribed in this section for amendments and special uses; 2. To initiate, direct and review from time to time studies of the provisions of this title, and to 301 BPC SAMPLE PAGE 2C550 17.24.030 make reports of its recommendations to the village board not less frequently than once each year; 3. To hear and decide all matters upon which it is required to pass under this title. (Ord. 64-1 VII(Q) 17.24.040 Zoning board of appeals. A. Creation and Procedure. 1. There is established a zoning board of appeals for the village. The board shall consist of seven members to serve respectively for the following terms: one for one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years. The successor to each member so appointed to serve for a term of five years; 2. All appointments to the zoning board of appeals shall be made by the village board. One of the members so appointed shall be named as chair- man at the time of appointment. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of chairman is vacated for any reason, the village board shall immediately appoint, at its option, either one of the remaining members on the zoning board of appeals, or a member who is appointed to fill such vacancy on the board as the new chairman; 3. All meetings of the zoning board of appeals shall be held at the call of the chairman, and at such other times as the board may determine. All testimo- ny by witnesses at any hearing provided for in this title shall be given under oath. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every ques- tion, or, if absent or failing to vote, indicating the fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, amendment or repeal thereof, and every order, re- quirement, decision or determination of the board shall immediately be filed in the office of the village clerk, and shall be of public record; 4. The zoning board of appeals is designated as the proper commission or committee to post or publish notices as required by statute and this title pertaining to special uses and proposed amendments to the regulations imposed and the districts created by this title, and to make a written report and rec- ommendation to the village board on any such pro- posed amendments or special uses. B. Jurisdiction and Authority. The zoning board of appeals is invested with the following jurisdiction and authority: 1. To hear and decide appeals from any order, requirements, decision or determination made by the building inspector under this title; 2. To hear and decide variations from the terms provided in this title in the manner and subject to the standards set forth in this section; 3. To hold public meetings in matters pertaining to applications for special uses and amendments, and submit reports to the village board setting forth its findings and recommendations in the manner prescribed in this section for special uses and amendments; 4. To hear and decide all matters referred to it, or upon which it is required to pass under this title. (Ord. 64-1 § VII(D)) 17.24.050 Appeals. A. Authority. The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision or determination made by the building inspector or other authorized offi- cials of the village relating to regulations of this title. B. Initiation. An appeal may he taken to the zoning board of appeals by any person, firm or corporation, or by any office, department, board, bureau or commission aggrieved by an administra- tive order, requirement, decision or determination under this title by the building inspector or other authorized official of the village. C. Processing. An appeal in triplicate with the required fee shall be filed with the village clerk. The village clerk shall forward such appeal to the zoning board of appeals for processing in accordance with 302