HomeMy WebLinkAbout29072DATE: 12/27/16
Contract No.: P-17-002-P Vendor Number:
Contract Title: Ordinance Codifier Name/Address:
Services
Contract Period: 1/1/17 12/30/19 Representative:
Using Agencies: Board of Supervisors Phone No.:
Email:
Terms: Net 45 Days
Total Contract Amt.: $21,000 .00 ~--~----------------
Buyer Name: Debbie Scharnick
Requisition No: 1101700048 Org: 011010200
266702
Municipal Corp
P 0 Box 2235
Tallahassee, FL 32316
W . Eric Grant
(800) 262-2633
info@municode.com
Send ALL correspondence
ATTN: Michelle S Eagen
Supersedes: P-14-003-P and P-09-120 -H
[KJ NEW
00 TICKDATE
Cl RENEWAL D ADJUSTMENT
10131119 I REFERENCE (RFQ# I RFP# I PO#)
DESCRIPTION: Service to codify all County ordinances and maintain a website of the ordinances
SPECIAL INSTRUCTIONS:
DISTRIBUTION :
DEPARTMENT: Board of Supervi sors
REQUISI TIONER: Shenie Evans
Completed By: Date
Municipal Code Corp
Attn: Michelle S. Eagen
PO Box 2235
Tallahassee, FL 32316
County of Fresno
INTERNAL SERVICES DEPARTMENT
ROBERT BASH, DIRECTOR -CIO
Facility Services Fleet Services Graphics
Information Technology Purchasing
Security Telecommunications
PROCUREMENT AGREEMENT
Agreement Number P-17-002-P
December 8, 2016
The County of Fresno (County) hereby contracts with Municipal Code Corp (Contractor) to codify ordinances
and maintain a website of the ordinances in accordance with the text of this agreement, and Attachment "A",
by this reference made a part hereof.
TERM: This Agreement shall become effective January 1, 2017 and shall remain in effect through
December 31, 2019.
EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual
written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County
reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment "A"
attached, at the rates set forth in Attachment "A".
ORDERS: Orders will be placed on an as-needed basis by the clerk to the Board of Supervisors under this
contract.
PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the
life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no
less than thirty (30) days prior to becoming effective.
MAXIMUM : In no event shall services performed and/or fees paid under this Agreement be in excess of
twenty-one thousand dollars ($21 ,000.00).
ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as
deemed necessary. Such additions shall be made in writing and signed by both parties.
DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be
delivered complete as specified. All orders placed before Agreement expiration shall be honored under the
terms and conditions of this Agreement.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from another
source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any
other legal means available to the County. The prices paid by County shall be considered the prevailing
market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not
meet specifications, will be at the expense of Contractor.
4525 E. Hamilton Avenue I Fresno, California 93702-4599 I (559) 600-7110
PROCUREMENT AGREEMENT NU BER: P-17-002-P
Municipal Code Corp
December 8, 2016
Page2
INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in
accordance with invoicing instructions in dluded in each order referencing this Agreement. The Agreement
number must appear on all shipping doct ments and invoices. Invoice terms shall be Net 45 Days.
INVOICE TERMS: Net forty five (45) days from the receipt of invoice.
TERMINATION: The County reserves t~e right to terminate this Agreement upon thirty (30) days written
notice to the Contractor. In the event oftuch termination, the Contractor shall be paid for satisfactory
services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Cant · ctor shall comply with all laws, rules and regulations whether they
be Federal, State or municipal, which m y be applicable to Contractor's business, equipment and personnel
engaged in service covered by this Agret ment.
AUDITS AND RETENTION: Terms and [conditions set forth in the agreement associated with the purchased
goods are incorporated herein by refere 1ce. In addition, the Contractor shall maintain in good and legible
condition all books, documents, papers, p ata files and other records related to its performance under this
contract. Such records shall be complete and available to Fresno County, the State of California, the federal
government or their duly authorized reprEsentatives for the purpose of audit, examination, or copying during
the term of the contract and for a period pf at least three years following the County's final payment under the
contract or until conclusion of any pendi ~g matter (e.g., litigation or audit), whichever is later. Such records
must be retained in the manner described above until all pending matters are closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under this
Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and
employees from any and all claims for drmage or other liability, including costs, expenses, causes of action,
claims or judgments resulting out of or i ~ any way connected with Contractor's performance or failure to
perform by Contractor, its agents, officer or employees under this Agreement.
INSURANCE: Without limiting the COUINTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-~surance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreeme.
1
t (JPA) throughout the term of the Agreement:
A Commercial General Liability: Comrercial General Liability Insurance with limits of not less than One
Million Dollars ($1 ,000,000.00) per ~ccurrence and an annual aggregate of Two Million Dollars
($2,000,000.00). This policy shall br issued on a per occurrence basis. County may require specific
coverage including completed operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or a l 1 y other liability insurance deemed necessary because of the nature
of the contract.
B. Automobile Liability: Comprehensi ~e Automobile Liability Insurance with limits for bodily injury of not
less than Two Hundred Fifty Thousf nd Dollars ($250,000.00) per person, Five Hundred Thousand
Dollars ($500 ,000.00) per accident and for property damages of not less than Fifty Thousand Dollars
($50,000.00), or such coverage wit ~ a combined single limit of Five Hundred Thousand Dollars
($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this
Agreement. /
C. Professional Liability: If Contractor employs licensed professional staff, (e .g ., Ph .D., R.N., L.C .S.W.,
M.F.C.C.) in providing services, Pr9fessional Liability Insurance with limits of not less than One Million
Dollars ($1 ,000 ,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-17-002-~ AGREEMENT .DOCX
PROCUREMENT AGREEM~~T NU t BER: P-17 -002-P
Municipal Code Corp
December 8, 2016
Page3
Contractor shall obtain endorsements to he Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and employer s, individually and collectively, as additional insured, but only
insofar as the operations under this Agre~ment are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers,
agents and employees shall be excess o:nly and not contributing with insurance provided under Contractor's
policies herein . This insurance shall notl be cancelled or changed without a minimum of thirty (30) days
advance written notice given to County.
Within Thirty (30) days from the date Co 1 tractor signs and executes this Agreement, Contractor shall provide
certificates of insurance and endorseme ~t as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, Attn: Clerk to the Board PO Box 1247 Fresno, CA 93715-1247, stating
that such insurance coverage have bee ~ obtained and are in full force; that the County of Fresno, its officers,
agents and employees will not be respo.1sible for any premiums on the policies; that such Commercial
General Liability insurance names the C?unty of Fresno, its officers , agents and employees, individually and
collectively, as additional insured, but on l y insofar as the operations under this Agreement are concerned;
that such coverage for additional insure9 shall apply as primary insurance and any other insurance, or self-
insurance, maintained by County, its off~ters, agents and employees, shall be excess only and not
contributing with insurance provided und
1
er Contractor's policies herein; and that this insurance shall not be
cancelled or changed without a minimu1 of thirty (30) days advance, written notice given to County.
In the event Contractor fails to keep in e~ect at all times insurance coverage as herein provided, the County
may, in addition to other remedies it ma1 have, suspend or terminate this Agreement upon the occurrence of
such event.
All policies shall be with admitted insurerf licensed to do business in the State of California. Insurance
purchased shall be purchased from com anies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish
proof of Comprehensive General Liabilil lnsurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In pe r ormance of the work, duties and obligations assumed by Contractor
under this Agreement, it is mutually undyrstood and agreed that Contractor, including any and all of
Contractor's officers, agents, and employees will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint
venturer, partner, or associate of the Co ~nty. Furthermore, County shall have no right to control or supervise
or direct the manner or method by whicli Contractor shall perform its work and function. However, County
shall retain the right to administer this A Qreement so as to verify that Contractor is performing its obligations
in accordance with the terms and condit!ons thereof. Contractor and County shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof. I
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employ~es all legally-required employee benefits. In addition, Contractor
shall be solely responsib le and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with s tb cial Security, withholding, and all other regulations governing such
matters. It is acknowledged that during he term of this Agreement, Contractor may be providing services to
others unrelated to the County or to th is Agreement.
NON-ASSIGNMENT: Neither party shall assign , transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the1 written consent of the other party.
AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County
with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments,
writings, advertisements, publications, ~equest for Proposals, Bids and understandings of any nature
whatsoever unless expressly included i ~ this Agreement This Agreement supersedes any and all terms sel
G:\PUBLIC\C&TRACfS & EXTRACTS\P\P-17-002-1 AGREEMENT.DOCX
PROCUREMENT AGREEMENT NU BER: P-17-002-P
Municipal Code Corp
December 8, 2016
Page4
forth in Contractor's invoice. This Agree ent may be amended only by written addendum signed by both
parties.
INCONSISTENCIES: In the event of an inconsistency in interpreting the documents which constitute this
Agreement, the inconsistency shall be re ~olved by giving precedence in the following order of priority: (1) the
text of this Agreement (excluding Attachment "A", County's Request for Quotation No. Bid Number and the
Contractor's Quote in response thereto); ~2) Attachment "A"; (3) the County's Request for Quotation No. Bid
Number and (4) the Contractor's quotatialn made in response to County's Request for Quotation No. Bid
Number.
GOVERNING LAWS: This Agreement s lh all be construed, interpreted and enforced under the laws of the
State of California. Venue for any action shall only be in County of Fresno.
Please acknowledge your acceptance b returning all pages of the signed original of this Agreement to my
office, retaining a copy for your files.
Please refer any inquiries in this matter t(!) Debbie Scharnick, Purchasing Technician, at 559-600-7111 or
dsharnick@co. fresno. ca. us
FOR THE COUNTY OF FRESNO
Gary E. Corn
Purchasi ng M nager
4525 East Hamilton Avenue
Fresno, CA 93702-4599
Date:
GEC :DS:mh
G: \PUBLIC\CONTRACfS & EXTRACTS\P\P-17-002-P I GREEMENT .oocx
PROCUREMENT AGREEMENT NU BER: P-17-002-P
Municipal Code Corp
December 8, 2016
CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
0 Individual
0 Sole Proprietorship
62{ Corporation
Print Name and Title ~JJA£,AJ
Signature (In Blue Ink): •
0 Limited Liability Company
0 Limited Liability Partnership
0 General Partnership
Date
12!2.o/1ro
Page 5
\-l -C. utL,tVV{. C>D.D
,
Print Name and Title ~
Signature (In Blue lnk):
7 ~ Date
t;;.( ~~~~
Address City State Zip
TELEPHONE NUMBER FAX NUMBER
i h-fu® M. lLf\ i coJe. ~
E-MAIL ADDRESS
ACCOUNTING USE ONLY
ORG No.: 0110/0200
Account No .: 7295
Requisition No.: 1101700048
(09/2015)
G:\PUBLIC\CONTRACT'S & EXTRACT'S\P\P-17-002-P AGREEMENT.DOCX
ATTACHMENT A
G: \PUBLIC\CON"ffiACfS & EXTRACfS\P\P-17 -002-P AGREEMENT. 000<
_.--P-17-002-P Attachment "A"
CURRENT PRICING SHEET FOR
Fresno County, California
November 21, 2016
Additional services can be added at any time at the agreed upon cost by both parties.
Supplement Service Base Page Rate1
Page Format
Single
Images, Graphics and
Tabular Matter
Base page rate above includes:
!,l Acknowledgement of material
hl Data conversion, as necessary
r,l Editorial work
<,, Proofreading
~,l Updating the index
Base Page Rate
$18 per page
$10 each
h' Schedule as selected by you (current schedule : print quarterly [March, June, September, and Decemberf
<,, Updating electronic versions and online code
!,l Printing seven copies
Additional Services that may apply to Supplement Service:
r,l Freight
h' Color printing, per page
hl State sales tax
Actual
$2.50
If applicable
Additional electronic media options for Code of Ordinances (sent via download) 3
0 Folio Bound Views
0 WORD (DOCX)
0 Adobe PDF of the code
0 Adobe PDF of each supplement
$295 initially then $100 per update
$150 initially then $75 per update
$150 initially then $75 per update
$150 initially then $75 per update
Payment for Supplements and Additional Services: Invoices will be submitted upon shipment of project(s).
1 All prices quoted in this section may be increased annually in accordance with the Producer Price Index-Bureau of Labor
Statistics.
2 Schedule for supplements can be weekly, bi-weekly, monthly, bi-monthly, quarterly, tri-annual, semi-annual, annual or upon
authorization. Electronic updates can occur more frequently than printed supplements .
3 "de livery" is defined as making updated electronic data available to you via download or FTP. Fee applies whenever content is
delivered as HTML, PDF, Folio or Word, via one of th e aforementioned mediums.
I ~~-17-002-P Attachment "A"
Online Services
Services currently enrolled in: 1
• Existing Order-Online Code with CodeBank (invoiced annually each April)
• Existing Order-CodeBank Compare + eNotify (invoiced annually ea h April)
Th~ I
Additional Available Services:
0 MuniPRO (annually)
0 Custom banner (onetime fee)
0 MuniDocs (up to 25 documents per year updated quarterly)
o Additional documents over 25, each
OrdBank Options:
Option 1) OrdBank
0 Per ordinance fee
0 Flat annual fee
Option 2) OrdBank + Ordlink
0 Per ordinance fee
0 Flat annual fee
1 Historical OrdBank linking can be provided prior to 2016 at $35 per ordinance received .
0 Number or Ordinances x $35 per ordinance.
I
$650
$250
$900
$295
$250
$300
$7.50
$35
$950
$60
$1,050
2
.--P-17 -002-P Attachment "A"
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Municode has been the leading provider of legal publications and codification services since 1951. In addition to
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3
,----P-17 -002-P Attachment "A"
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4