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HomeMy WebLinkAboutRes 00-11 Authorizing a Contract with Municipal Code CorporationTOWN OF WESTLAKE RESOLUTION NO. 00-11 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH THE MUNICIPAL CODE CORPORATION TO CODIFY THE TOWN'S ORDINANCES. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, hereby authorizes the Town Manager to enter into a contract, attached as Exhibit A, with the Municipal Code Corporation to codify the Town's ordinances. PASSED AND APPROVED ON THIS 13`h DAY OF MARCH, 2000. L Scott Bradley, Mayor ATTEST: Ginge rosswy, Town SgRlary Trent O. Petty, Town Manages APPROVED AS TO FORM: ADDITIONAL COPY TO BE SIGNED AND RETURNED IF ACCEPTED 0 PROFESSIONAL SERVICES PROPOSAL WESTLAKE, TEXAS MUNICIPAL CODE CORPORATION February 23, 2000 Table of Contents PROPOSAL PART ONE - CODIFICATION OF ORDINANCES mr-Alms (1) Ordinances Included ............................... 1 (2) Copies of Material ................................ 1 (3) Legal Research and Review .......................... 1 (4) Pre -Conference Memorandum ......................... 1 (5) Conference with Attorney ............................ 1 (6) Conference Memorandum ........................... 2 (7) Editorial Work ................................... 2 (8) Notice of Completion of Editorial Work .................. 3 (9) Typesetting and Proofs .............................. 3 (10) Index ......................................... 3 (11) Printing and Binding ............................... 3 (12) Code in Electronic Media ............................ 4 (13) Information Retrieval Software ........................ 4 (14) Support and Training ............................... 4 (15) Internet Connection ................................ 5 (16) Shipment; Adopting Ordinance ......................... 5 PART TWO - UNIFIED DEVELOPMENT CODE (1) Editorial Work ................................... 5 (2) Printing and Binding ............................... 5 PART TWO - SUPPLEMENT SERVICE (1) Ordinances to be Furnished by Municipality ................ 6 (2) Schedule ....................................... 6 (3) Electronic Supplementation ........................... 6 (4) Editorial Scrutiny ................................. 6 (5) Editorial Notes ................................... 6 (6) Index and Tables ................................. 6 (7) Instruction Sheet .................................. 6 (8) Checklist ...................................... 7 (9) Tabular Matter ................................... 7 (10) Reprints ....................................... 7 (I1) Sample Ordinance Service ........................... 7 (12) Annual State Law Review; Report ...................... 7 (13) Analyzation of Code ............................... 7 (14) Shipment ...................................... 7 (15) Termination ..................................... 7 QUOTATION SHEET........................................8 SIGNATURE PAGE ......................................... 11 PROFESSIONAL SERVICES PROPOSAL MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to research, edit, codify and publish the ordinances for the TOWN OF WESTLAKE, TEXAS, a municipal corporation duly organized and existing under state law, hereinafter referred to as the Municipality, according to the following terms and conditions: PART ONE CODIFICATION OF THE ORDINANCES' (1) ORDINANCES INCLUDED. MCC will, under the supervision of the Municipality's attorney, codify the ordinances of a general and permanent nature passed in final form by the Municipality as of the date of this agreement. However, the Municipality may forward ordinances subsequently passed for inclusion in the new Code until notice is received that the editorial work has been completed. The Unified Development Code may be included in the Code of General Ordinances or published as a companion volume. (2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the preparation of the Code, all ordinances of a general and permanent nature passed in final form. The ordinances may be furnished in hard copy, on diskettes or via e-mail. (3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the Municipality's attorney. Before the conference with the Municipality's attorney, MCC's attorney will: a) State Law. Research every ordinance to be included in the Code against state law. This process will discover inconsistencies and conflicts with, and preemptions by, the state law. b) State law references. Append state law references at the end of appropriate sections. c) Internal consistency. Research the ordinances against each other. Inconsistencies or conflicts between existing laws and obsolete provisions will be discovered through this research. (4) PRE -CONFERENCE MEMORANDUM. Upon completion of the legal research and review of the Code, MCC's attorney will prepare an editorial memorandum setting forth the major substantive changes and recommendations for the new Code, to be discussed at the editorial conference. This memorandum will delineate the provisions to be deleted and address the new language to be inserted. (5) CONFERENCE WITH ATTORNEY. MCC's attorney, who performed the legal research, will travel to the Municipality for a conference with the Municipality's attorney and other interested officials. The following will occur at the conference: a) Issues. Issues discussed will include all inconsistencies and conflicts discovered during research, as well as obsolete provisions. b) Solutions. Recommendations will be made regarding solutions to the issues discussed. c) Implementation. Agreed upon solutions will be implemented with the help of MCC's attorney. The Municipality's attorney has ultimate decision making authority for solutions and implementation. d) Sample ordinances. MCC has an extensive collection of Sample Ordinances. Recommendations will be made regarding new legislation on specific subjects where there is an obvious need. To facilitate this, the Municipality should request recommendations on subjects of specific concern. This service can be continued through the Supplement Service, see Sample Ordinance Service under Part Three of this proposal. e) Organization. Organizational suggestions will be reviewed with the Municipality providing comments and suggestions. (6) CONFERENCE MEMORANDUM. Following the conference, MCC's attorney will draft and submit a memorandum outlining the substantive changes, solutions and implementations agreed upon. This memorandum is extremely useful upon receipt of the proofs; it is recommended the proofs be reviewed in conjunction with the conference memorandum. (7) EDITORIAL WORK. The manuscript will be prepared to include: a) Proper phraseology. Concise, modern and proper phraseology, without conflicts, ambiguities and repetitious provisions. b) Chapter arrangement. Each chapter of the new Code shall embrace all ordinances of the same subject matter. Within the chapter itself, the ordinances shall be arranged in an orderly and logical fashion, to include articles and divisions as necessary. Chapters and sections will be reserved for future expansion. Title arrangement is also available and will be discussed at the conference. c) Table of contents. This table will list the chapters, articles and divisions of the Code, giving the page number upon which each begins. d) Chapter analysis. Each chapter of the new Code will be preceded by a detailed analysis listing the articles, divisions, and sections contained therein. e) Catchlines. Each section will be preceded by a catchline, which shall reflect the content of the section. f) History notes. A history note will be prepared for each section of the new Code. The note will indicate the source from which the section is derived. g) Cross references and footnotes. Cross references will be prepared to tie together related sections of the new Code. Proper explanation will also be made in the form of footnotes to relevant provisions of the Code. 2 h) Planned Developments (PDs). Appropriate wording will be drafted to cover the Planned Developments that will be adopted by reference. Any other codes not included in their entirety in the Code will also have a reference, advising all codes are on file and available in the city clerk's office. i) Comparative table. This table lists all ordinances included in the Code in chronological and/or numerical sequence, setting out the location of such ordinances in the Code. j) State law reference table. This table will list by state law citation all sections carrying a reference. (8) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all editorial work, MCC will notify the Municipality in writing that the Code manuscript is ready for typesetting and printing. No additional ordinances will be included in the Code manuscript subsequent to such notice. (9) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the Municipality for review. The Municipality may make word changes on the proofs without charge. However, the Municipality will be charged for changes or deletions constituting more than one page of type. For the purpose of this proposal, a page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. It shall be the duty of the Municipality to return the proofs, with the changes indicated thereon within forty-five (45) days from the date of their receipt. If proofs are not returned within forty-five (45) days, and no notice to the contrary is received by MCC, it will be assumed that no changes are to be made. MCC will then proceed to print the Code and no changes shall thereafter be allowed. Should the Municipality request to review the proofs beyond forty-five (45) days but fail to return them within one year, the contract balance shall become due and payable. Upon mutual agreement regarding time and compensation, MCC shall update the proofs with subsequent enactments before delivery of the printed Code. MCC guarantees typographical correctness. Errors attributable to MCC will be corrected throughout the term of the contract, without charge to the Municipality. MCC's liability for all services shall extend only to the correcting of errors in the Code or future supplements, not to any acts or occurrences as a result of such errors, and only so long as the contract is in effect. (10) INDEX. After return of the proofs, but before printing, a comprehensive, general Index for the Code will be prepared. All sections are indexed under major subjects with appropriate section citations. Columnar citations are used to enhance the ease of reference. (11) PRINTING AND BINDING. When the proofs are returned by the Municipality, MCC will proceed with printing and binding the Code in accordance with the following: a) Copies. The number of copies desired by the Municipality will be printed on 50 lb. white offset paper. 3 • b) Page format. The page size will be consistent with the format chosen by the Municipality. Formats available are 6 x 9 inches, 8'/z x 11 inches, single column, and 8'/z x 11 inches, double column (samples attached). c) Type size. Various type sizes are available for text. MCC will publish the Code in ten - point type, unless otherwise specified by the Municipality. Notice of change must be given prior to the completion of the editorial work so that the impact upon cost can be determined and discussed. d) Tabular matter. Tables, drawings, designs, Algebra formulae, or other materials which require engraved cuts or special methods of reproduction, will be no additional charge. e) Binding. MCC will bind copies of the completed Code in expandable post binders with slide lock fasteners. Covers will be imitation leather and available colors are black, red, burgundy, blue, navy or green, with gold lettering. Other binder choices are available (D - ring and three-ring). Cost may vary. Additional binders can be ordered at any time at the then current prices. f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides) for the bound Codes. The tabs will reflect the major divisions or chapters of the Code volume. g) Reprints of chapters. Additional copies of specific chapters or portions of the Code, e.g., Zoning Regulations or Police Manual containing selected sections, may be ordered for binding in paper covers for separate distribution or sale. Prices will be furnished upon request. (12) CODE IN ELECTRONIC MEDIA. The electronic Code can be provided in WordPerfect or WORD. Alternatively, the Code can also be provided in a generic text form like ASCII. The Code can be furnished on 3 ''/z" disk, CD-ROM, or via the Internet or modem. (13) INFORMATION RETRIEVAL SOFTWARE. Folio Bound VIEWS offers a powerful, context -sensitive, on-line help system for immediate assistance to inquiries. Every word in an infobase is indexed. Type in a word, a phrase or a query and watch the Query Map display the search results. With a click of the mouse, users can jump to the points of information they need. Information retrieval capabilities include standard boolean search operators, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Folio Bound VIEWS is available for Windows 3.1 or higher. (14) SUPPORT AND TRAINING. MCC offers a generous support and training policy. Telephone support is available during working hours by calling our toll-free number, 1 -800 -262 -CODE. Our personnel can usually resolve problems in one phone call. Phone support is free of charge. While MCC does not physically install the software, our support personnel are available for consultation during the installation. On-site training is also available, quotation upon request. 2 (15) INTERNET CONNECTION. Should the Municipality desire to place the Code on the Internet, it may be included on MCC's home page (http://www.municode.com). This home page contains a growing collection of Codes of Ordinances, and is available to anyone with Internet access. A link to the municipality's home page can also be provided with this service. The fee includes updating the Code on the Internet with all Supplements completed. (16) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship the Code as directed by the Municipality. At this time, MCC's attorney will furnish the Municipality with a suggested adopting ordinance. Once the Code has been adopted, a copy of the ordinance should be sent to MCC, so that it can be included in the Code. PART Two UNIFIED DEVELOPMENT CODE (1) EDITORIAL WORK. MCC will publish the Unified Development Code (UDC) as a part of the General Ordinances or as a companion volume, to include the following: a) Review with General Ordinances. The UDC will be reviewed with the General Ordinances and conflicts, inconsistencies and obsolete provisions will be brought to the attention of the Municipality's attorney. b) Cross References. Internal cross references will be prepared and appended to the proper sections in the UDC. c) Table ofAmendments. A Table will be established for listing all future amendments and their disposition in the UDC. d) Index. A comprehensive, general word Index will be prepared for the UDC. (2) PRINTING AND BINDING. The style, format, printing and binding of the UDC will be as set out in Part One above. Proofs will be submitted prior to final printing. 5 0 • PART THREE SUPPLEMENT SERVICE (1) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall forward to MCC copies of the ordinances upon final enactment by the Municipality. The ordinances may be furnished in hard copy, on diskettes or via e-mail (ords@mail.municode.com). (2) SCHEDULE. After shipment of the new Code MCC shall keep the Code up-to-date by the publication of Supplements which will contain the new ordinances of a general and permanent nature enacted by the governing body. The Supplements can be published on a schedule to meet the requirements of the Municipality. There is no additional charge for frequent publication. A minimum of thirty (30) working days shall be required for delivery of a printed Supplement. (3) ELECTRONIC SUPPLEMENTATION. If the Municipality has chosen to receive the Code in electronic media, as set out in Part One of this agreement, MCC can provide the Supplements electronically on a schedule desired to meet the Municipality's needs, e.g., monthly or bimonthly. The Municipality may choose to have hard copy Supplements printed less frequently. The electronic media will reflect the entire Code as updated through the most recent Supplement. (4) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of MCC's editorial staff in conjunction with the existing provisions of the new Code. The pages of the Code containing provisions that are specifically repealed or amended by ordinance shall be reprinted to remove such repealed or amended provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances are included, the Municipality will be notified so that remedial action may be taken. (5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the editor. (6) INDEX AND TABLES. When the inclusion of new material necessitates changes in the index, appropriate entries will be prepared and the necessary pages of the index will be reprinted to include the new entries. The Comparative and State Law Reference Tables will be kept up-to-date to reflect the new ordinances and state law citations, if any, included in each Supplement. The Table of Contents will also be kept current to reflect changes in the Code. (7) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of the obsolete pages and insertion of the new pages. The latest ordinance included in the published Supplement will be noted in boldface type on the Instruction Sheet. 3 0 • (8) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the benefit of the user. The checklist of up-to-date pages will allow instant determination of whether the user is relying on a page reflecting current ordinances. (9) TABULAR MATTER. Should the Supplement contain tables, drawings and the like for which special typesetting or other methods of reproduction are required, the costs will be no additional charge. (10) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code, including appropriate index pages, can be kept up-to-date at the same time the Code volume is supplemented. (11) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will be furnished upon request. A sample index will be furnished for use in requesting the desired sample provisions. (12) ANNUAL STATE LAW REVIEW; REPORT. MCC will review annually the state law changes and submit a report to the Municipal Attorney of any changes which may affect local government Codes generally. If an extensive legal review of the Code is required based on massive state law changes, this review will be as provided below. (13) ANALYZATION OF CODE. At the request of the Municipality and at a cost to be agreed upon in advance, MCC will analyze the Code on a chapter -by -chapter basis against the current state law, and submit written recommendations to the Municipal Attorney as to any Code changes deemed necessary or desirable as a result of such analyzation. MCC's attorney will work with the Municipal Attorney in drafting legislation as deemed necessary. The cost for the analyzation and drafting services would be on an hourly basis, not to exceed a specific number of hours as agreed upon by MCC and the Municipality. (14) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the holders of the Codes. However, storage, distribution and billing services are available. Prices will be furnished upon request. The Municipality shall have the exclusive right to sell the Codes and Supplements. (15) TERMINATION. The Supplement Service provided under this Part Three shall be in full force and effect for a period of three (3) years from the date of shipment of the completed Code to the Municipality. Thereafter, the Supplement Service will be automatically renewed from year to year, provided that either party may alter or cancel the terms of this Part Three upon sixty (60) days' written notice. 7 QUOTATION SHEET PART ONE - CODIFICATION L GENERAL ORDINANCES. (1) BASE COST, includes $12,000 a) Legal Review b) Sample Ordinance Service C) Pre -Conference Memorandum d) Conference with MCC Attorney e) Conference Memorandum f) Editorial Work g) Typesetting and Proofs h) Indexing i) Printing and Binding i. Number of copies 12 ii. Number of binders 12 iii. Number of sets of special order tabs 12 iv. Estimated pages (please choose desired format)' [] 8'/2 x 11 inches, single column 500 [] 8'/2 x 11 inches, double column 350 (2) BASE COST DOES NOT INCLUDE: a) Pages in excess of those listed above will be billed as follows: i. 8'/z x 11 inches, single column $20 ii. 8'/z x 11 inches, double column $24 b) Tabular matter, additional per page II. UNIFIED DEVELOPMENT CODE: (1) BASE COST, includes a) Number of copies b) Number of binders c) Number of sets of special order tabs d) Estimated pages: i. [] 8%2 x 11 inches, single column ii. [] 8'/z x 11 inches, double column No additional charge $5,0002 12 12 12 250 175 ' A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. 2 Deduct $300 if General Ordinances and Unified Development Code are included in one binder. 8 0 (2) BASE COST DOES NOT INCLUDE: a) Pages in excess of those listed above will be billed as follows: i. 8'/s x 11 inches, single column ii. 8'/z x 11 inches, double column 0 $20 $24 b) Tabular matter, additional per page No additional charge III. THE FOLLOWING APPLIES TO GENERAL ORDINANCES AND UNIFIED DEVELOPMENT CODE: (1) ADDITIONAL SERVICES AVAILABLE: a) Reprints of chapters quotation upon request b) Code on computer i. Data integrated with Folio Bound VIEWS one license (includes handling) $515 ii. Each additional license $100 iii. Site license for up to 20 users C) Code on the Internet, per year $300 (includes up to four updates) (2) FREIGHT CHARGES (invoiced upon shipment) prepaid (3) PAYMENT FOR CODIFICATION. (May be scheduled through two budget years.) a) Upon signing of the contract $5,000 b) Upon submission ofpre-conference memorandum $4 C) 000 Upon receipt of proofs $4,, d) 000 Balance upon delivery of Code. PART TWO - SUPPLEMENT SERVICE (1) NUMBER OF PRINTED COPIES (2) SUPPLEMENT SERVICE, Cost per page a) 8'/2 x 11 inches, single column b) 8'/z x 11 inches, double column C) One set of disks, per Supplement (cost in addition to regular Supplement per page charge) d) If additional sets of updated disks required, per set (3) ELECTRONIC SUPPLEMENTATION $1,500 12 $18 $22 $75 $50 Quotation upon request At (4) SAMPLE ORDINANCE SERVICE - during the first year following shipment of the Code No charge (5) ANNUAL STATE LAW REVIEW; REPORT No charge (6) PAYMENT FOR SUPPLEMENT SERVICE a) Payment for the Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. b) Freight charges for the supplements will be prepaid and invoiced at time of final billing. 10 1-1 17J The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Municipality. i' Witness February 23, 2000 Submitted by: MUNICIPAL CODE CORPORATION Accepted by: WESTLAKE, TEXAS Witnes Title: Date 11 C -- Vice President