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HomeMy WebLinkAboutMUNICIPAL CODE CORPORATION (2012) 5C - 2012SP 18 2012 COTC �l J Mar's a tlt, %zar THIRD AMENDMENT TO AGREEMENT N- 2008 - 084 -003 THIS THIRD AMENDMENT TO AGREEMENT is entered into on September 4, 2012, by and between Municipal Code Corporation, a Florida corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # N -2008 -084, dated July 1, 2008, (hereinafter "said Agreement') by which Consultant has provided municipal code republication and update services. B. By Amendments July 1, 2009, and April 18, 2011, the parties added compensation and extended the term of said Agreement. C. In accordance with the terms and conditions of said Agreement the parties wish to add compensation to pay for services provided during the FY 2012 -2013 fiscal year. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: I . Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. Commencing July 1, 2012, City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A -1, attached to this Third Amendment to Agreement. The total sum to be expended pursuant to this Agreement shall not exceed $10,000.00 per fiscal year, during the term of said Agreement." 2. As provided by said Agreement, the Term has automatically renewed through June 30, 2013. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: 1, MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: //f .ru�7��I r SOMA R. CARVALHO, City Attorney CITY OF SANTA ANA CAUL M. WALTERS u City Manager MUNICIPAL CODE kT7RA 4L" A. LAWTO President/CEO EXHIBIT A -1 Municipal Code Corporation Quote dated August 31, 2012 CURRENT PRICING SHEET FOR CITY OF SANTA ANA, CALIFORNIA August 81, 2012 Supplement Service Base Page Rate' Page Format Base Page Rate Form Based Code; Ch. 41 only $45 per page Double Column $21,50 per page Base page rate above includes • Acknowledgement of Material • Data conversion, as necessary • Editorial Work • Proofreading • Indexing • Creation of Tables' • Schedule as selected by Clients • Updating Electronic versions^, (e.g. CDs and Internet) • Printing PDF copy of supplement Additional Services that apply to Supplement Service: • Code on Internet, annually each Octobers • Transit Zoning Code on the Internet — Each Updates • Graphics' & Tabular matter, per graphic or table • Electronic delivery handling fee, per deliverys • New Ordinances on the Web (NOW), per ordinance • OrdLink'o, per ordinance • OrdBank" per ordinance • Freight, prebilled • State Sales Tax Payment for Supplement and Additional Services Invoices will be submitted upon shipment of project(s). $550, $100r $10, $75 $25 $50- $10._. Actual freight If applicable ' All prices quoted in this section maybe increased no more frequently than annually in accordance with the Producer Price Index —Internet Publishing and web search portals (NAICS 519130) as reported by US Department of Labor —Bureau of Labor Statistics. ' The following Tables will be updated and are included In the Base Page Rate: Supplement History Table, Code Comparative Table, Stale Law Reference Table and Ordinance History Table. An additional hourly charge applies for creation, modification, addition or updating of any table other than those enumerated in this footnote. s Schedule for Supplements can he weekly, biweekly, monthly, bi- monthly, quarterly, tri- annual, semi- annual, annual or upon authorization. Electronic Updates can occur more frequently than printed Supplements. 4 We do not charge a per page rate for updating CDs or the Internet — this is included in the supplement per page rate. s The annual Code on Internet fee will be $700 to include our CodeBank Service; however, the City ran choose to have the Code on Internet only at $550 per annum 6 Fee only applies if TZC is affected by legislation in an update or supplement. ' Includes printing all copies. Additional fee if graphic includes color. S Tabular matter is defined as Algebra formulae, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. s "delivery" is defined as making updated electronic data available to the Client on CD -ROM, FTP. Fee applies whenever content is delivered as HTML, PDF, RTF, XML or integrated with a search engine, via one of the afore - mentioned mediums. 'o If OrdLlnk is selected the NOW service is not necessary. " OrdBank requires participation in NOW or Ord Link service. Fee for combined services is either $35 with NOW or $60 with OrdLink per ordinance. MAYOR Miguel A Pulido moulido(a)santa -ana org MAYOR PRO TEM Sal Tinajero Ward 6 stinajero Santa- ana.org COUNCIL MEMBERS Angelica Amezcua Ward 3 aamezcua(,santa- ana.om P. David Benavides Ward 4 dbenavides(olsanta -ana org Michele Martinez Ward 2 mmartinez(e)santa- ana.ora CITY OF SANTA AN F t pZ�F._U qty December 11, 2013 Roman Reyna Ms. Steffanie Rasmussen Ward 5 Assistant V.P. of Sales rreyna(a,santa- ana.grq Municipal Code Corporation Vincent F. Sarmiento P.O. BOX 2235 Ward 1 vsanmento(q)santa- ana.ora Tallahassee, Florida 32316 CITY ATTORNEY Sonia R. Carvalho RE: Extension of Third Amendment, N- 2008 - 084 -003 Dear Steffanie, The City of Santa Ana and your company entered into an agreement for the municipal code replication and update services on July 1, 2008. The Agreement has been amended most recently by the Third Amendment dated September 4, 2012, with the Term ending on June 30, 2013. Pursuant to the terms of the Agreement, as amended, the Term of the Agreement can be extended by a writing executed by the City Manger and the City Attorney. The City hereby extends the Term of the Agreement to in order to cover Invoice #00234828. Sincerely, CITY OF SANT, City Manager 0 CITY MANAGER David Cavazos SONIA R. CARVALHO City Attorney l� . BY: Lisa Storck Assistant City Attorney 20 CIVIC CENTER PLAZA —P.O. BOX 1988, M30— SANTAANA, CALIFORNIA 92702 TELEPHONE (714) 647 -6520 — FAX (714) 647 -6956 —w .santa- ana.org CLERK OF THE COUNCIL Maria D. Huizar