Resolution of the City of Jersey City, N.J. File No. Res. 20-534 Agenda No. 10.17 Approved: Aug 12 2020 A RESOLUTION AWARDING A CONTRACT TO MUNICIPAL CODE CORPORATION TO PROVIDE CODIFICATION SERVICES FOR THE JERSEY CITY MUNICIPAL CODE COUNCIL offered and moved adoption of the following resolution: WHEREAS, the City of Jersey City (City) requires the services of a codifying company to prepare supplements to the City Code for ordinances enacted from August 1, 2020 through July 31, 2022; and WHEREAS, Municipal Code Corporation, with a business address located at 1700 Capital Circle SW, P.O. Box 2235, Tallahassee, Florida 32316, agrees to prepare and provide both on-line and a PDF supplements to the Jersey City Municipal Code; and WHEREAS, Municipal Code Corporation is qualified to perform these services and has been performing these services for Jersey City for the past several years; and WHEREAS, Municipal Code Corporation submitted a proposal dated July 22, 2020 indicating that it will provide the foregoing services based on the fee schedule set forth below; and WHEREAS,N.J.S.A. 40A:11-5(1)(x) of the Local Public Contracts Law authorizes the award of contracts for printing, revising and codifying municipal ordinances without public advertising for bids and bidding therefor; and WHEREAS, the City is acquiring these services directly and openly as a statutorily permitted contract pursuant to the provisions of N.J.S.A. 19:44A-20.5 (Pay-to-Play Law); and WHEREAS, the City Clerk has determined and certified in writing that the value of the contract will exceed $17,500; and WHEREAS, Municipal Code Corporation has completed and submitted a Business Entity Disclosure Certification which certifies that Municipal Code Corporation has not made any reportable contributions to a political or candidate committee listed in the Business Entity Disclosure Certification in the previous one year, and that the contract will prohibit Municipal Code Corporation from making any reportable contributions during the term of the contract; and WHEREAS, Municipal Code Corporation has submitted a Chapter 271 Political Contribution Disclosure Certification prior to the award of this contract; and WHEREAS, Municipal Code Corporation has submitted its Certification of Compliance with the City’s Contractor Pay- to-Play Reform Ordinance, Sec. 3-51.1; and WHEREAS, funds are available in: Account No. 01-201-20-120-312; Purchase Order No. 138312 ; $6,000.00; and WHEREAS, the Resolution authorizing the award and the contract itself must be available for public inspection. NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City that: A. Subject to such modification as may be deemed necessary or appropriate by the Corporation Counsel, the Mayor or Business Administrator is authorized to execute a contractin substantially the form of the attached with Municipal Code Corporation for the preparation of supplements to the Jersey City Municipal City Code for ordinances enacted from August 1, 2020 through July 31, 2022; B. The total contract amount is not to exceed $50,000.00 and is based on the following fee schedule: 1. Supplement Service Base Page Rate: a. Single Column - 11 Point Times New Roman $ 19.50 per page b. Base page rate includes: (1) Acknowledgment of Material (2) Data conversion, as necessary Res. 20-534 Approved: August 12 2020 A Resolution Awarding a Contract to Municipal Code Corporation to provide Codification Services for the Jersey City Municipal Code (3) Editorial Work (4) Proofreading (5) Indexing (6) Schedule as selected by Client, Currently Quarterly (7) Updating Internet after supplementation (8) ProvidingaPDF of each supplement; 2. Additional Services that apply to Supplement Service: a. MunicodeNEXT/Code on the Internet plus CodeBank (August to July annual fee) $ 900.00 b. OrdBank, annual fee (August to July) $ 1,000.00 c. OrdLink, annual fee (August to July) $ 500.00 d. New Ordinances on the Web (NOW - August to July annual fee) $ 2,000.00 e. Graphics and tabular matter; per graphic or table $ 10.00 f. Blank Pages No Charge g. Freight Actual freight h. XML Export for integration with Spatial Data Logic, per delivery $ 75.00 i. MuniDocs, annual fee (up to 50 documents updated monthly) $ 550.00; 3. Payment for Supplement and Additional Services a. Invoices to be submitted upon shipment of Project(s)/Supplement(s) b. Payment of invoices to be made via Partial Payment Vouchers; C. The term of the contract shall be two years commencing on August 1, 2020 and ending on July 31, 2022; D. The award of this contract is made without public bidding pursuant to N.J.S.A. 40A:11-5(1)(x) of the Local Public Contracts Law; E. Upon certification by an official or employee of the City authorized to attest that the contractor has complied with the contract specifications in all respects, and the requirements of the contract met, then payment to the contractor shall be made in accordance with the provisions of the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq.; F. The award of this contract shall be subject to the condition that the contractor provide satisfactory evidence of compliance with the Affirmative Action Amendments to the Law Against Discrimination N.J.S.A. 10:5-31 et seq.; G. The total cost of the contract shall not exceed $50,000.00. In accordance with N.J.A.C. 5:30-5.5(c), the continuation of this contract after the expenditure of funds encumbered under this resolution shall be subject to the availability and appropriation of sufficient funds in the 2020 calendar fiscal year permanent budget and in subsequent fiscal year budgets; and H. The Business Entity Disclosure Certification, Chapter 271 Political Contribution Disclosure Certification, the Determination of Value Certification and Certification of Compliance with the City’s Contractor Pay- to-Play Ordinance, attached hereto, , shall be placed on file with this resolution. Page 2 of 38 Res. 20-534 Approved: August 12 2020 A Resolution Awarding a Contract to Municipal Code Corporation to provide Codification Services for the Jersey City Municipal Code APPROVED AS TO LEGAL FORM Business Administrator Corporation Counsel ☐ Certification Required RECORD OF COUNCIL VOTE – Aug 12 9-0 AYE NAY N.V. Absent AYE NAY N.V. Absent AYE NAY N.V. Absent N.V. – RIDLEY ✓ SALEH ✓ LAVARRO ✓ (Abstain) PRINZ-AREY ✓ SOLOMON ✓ RIVERA ✓ BOGGIANO ✓ ROBINSON ✓ WATTERMAN, ✓ PRES Adopted at a meeting of the Municipal Council of the City of Jersey. Joyce E. Watterman, President of Council Sean Gallagher, City Clerk Page 3 of 38 Res. 20-534 Approved: August 12 2020 A Resolution Awarding a Contract to Municipal Code Corporation to provide Codification Services for the Jersey City Municipal Code RESOLUTION FACT SHEET - This summary sheet is to be attached to the front of any resolution that is submitted for Council consideration. Incomplete or vague fact sheets will be returned with the resolution. Project Manager Sean Gallagher, Deputy City Clerk 201-547-4486 [email protected] Division Office of the City Clerk Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 1:00 p.m.) Purpose Awarding a Contract to Municipal Code Corporation to provide Codification Services for the Jersey City Municipal Code. Contract term (include all) The term of the contract shall be two years commencing on August 1, 2020 and ending on July 31, 2022 Type of award: The award of this contract is made without public bidding pursuant to N.J.S.A. 40A:11-5(1)(x) of the Local Public Contracts Law. ATTACHMENTS: Determination of Value Certification - Sean J Gallagher - City Clerk Jersey City NJ 7.20.22 Proposed Pricing and Scope of Services for 8.1.20 - 7.31.22 MunciCode Contract 8-1-2020 through 7-31-2022 Jersey City NJ Signed EEO-Affirmative Action Forms 7.27.20 Approved by Status: John Mercer, Assistant Business Administrator Approved - Aug 05 2020 Melissa Kozakiewicz, Assistant Business Administrator None Gregory Corrado, Asst. Business Administrator None John McKinney, Attorney Approved - Aug 05 2020 Peter Baker, Corporation Counsel None Amy Forman, Attorney None Nick Strasser, Attorney None Norma Garcia, Attorney None Ray Reddington, Attorney None Jeremy Jacobsen, Attorney None Sapana Shah, Attorney None Jeana Abuan, Public Agency Compliance Officer Approved - Aug 05 2020 Soraya Hebron, Diversity and Inclusion Approved - Aug 05 2020 Raquel Tosado, Assistant Purchasing Agent None Patricia Vega, Assistant Purchasing Agent None Patrice Lambert, Purchasing Approved - Aug 07 2020 Elizabeth Castillo, Sr. Fiscal Analyst Approved - Aug 10 2020 Brian Platt, Business Administrator Approved - Aug 11 2020 Page 4 of 38 DETERMINATION OF VALUE CERTIFICATION Sean J. Gallagher, of full age, hereby certi?es as follows: 1. As City Clerk of the City of Jersey City (City), I am responsible for the codi?cation of the City’s Ordinancesand supplements thereto. 2. The City requires the services of a codifying company to prepare supplementsto the City Code for ordinances enacted from August 1, 2020 through July 31, 2022. 3. N.J.S.A. 40A: 11-5(1)(x) of the Local Public Contracts Law authorizes the award of contracts for printing, revising and codifying municipal ordinances without public advertising for bids and bidding therefor. 4. As Municipal Clerk for the City of Jersey City I recommend award of the contract to Municipal Code Corporation. 5. The term of the contract is two years effective as of August 1, 2020. — 6. The estimated amount of the contract exceeds $17,500.00. 7. This certification is made pursuant to N.J.S.A. 19:44A-20.5. 8. I certify that the foregoing statements are true. I am aware that if any of the foregoing statements made by me are will?illy false, I am subject to punishment.