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
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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.
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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.
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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.
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(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.
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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.
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(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.
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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.
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(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
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$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.
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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.
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Witness
February 23, 2000
Submitted by:
MUNICIPAL CODE CORPORATION
Accepted by:
WESTLAKE, TEXAS
Witnes Title:
Date
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C --
Vice President