R-07-12-06-9A1 - 12/6/2007 RESOLUTION NO. R-07-12-06-9A 1
WHEREAS, the City of Round Rock desires to retain professional
recodification services - print and online version of the Code of
Ordinances, and
WHEREAS, Municipal Code Corporation has submitted an Agreement
for Recodification Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Municipal Code Corporation, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Recodification Services with
Municipal Code Corporation, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended
RESOLVED this 6th day of December, 20
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NY WELL, Mayor
C ty of Round Rock, Texas
ATTEST: BJJj4-1
SARA L. WHITE, City Secretary
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CITY OF ROUND ROCK AGREEMENT FOR
RECODIFICATION SERVICES WITH
MUNICIPAL CODE CORPORATION
THIS AGREEMENT FOR RECODIFICATION SERVICES, made and entered into this
day of 20 , (hereinafter referred to as the "Agreement") by and
between the CITY OF ROUND ROCK, TEXAS, a Texas home-rule municipality with offices
located at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the
"City"), and MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing
under the laws of the State of Florida(hereinafter referred to as "MCC").
RECITALS:
WHEREAS, the City desires the services of a qualified contractor to provide an initial
recodification of the existing Code of Ordinances, 1995 Edition, of the City of Round Rock, and
to thereafter provide periodic codification, maintenance, publication, and update services for
ordinances and related activities; and
WHEREAS, MCC has shown in its Response to Request for Proposals 07-04 issued by
the City that can provide the services desired without changing the City's current processes,
adding software,resources, or people;
NOW, THEREFORE,WITNESSETH:
That for and in consideration of the mutual; promises contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. DEFINITIONS
A. Agreement means the binding legal contract between City and MCC whereby
MCC is obligated to furnish specified goods, equipment and/or services, and City is obligated
to pay for said goods, equipment and/or services. The instant Agreement includes the following:
(a) City's Request for Proposals designated as RFP 07-040, Specification Number 07-961-12
dated August 2007; (b) MCC's Response to RFP; (c)the contract award; and (d) any exhibits,
addenda, and/or amendments thereto.
Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
(1) This Agreement;
(2) Purchaser's Response to RFP;
(3) City's Request for Proposals, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
00123311/ps FEXXHIBIT
"An
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified services, supplies, materials, or equipment.
G. Subcontractor means any person or business enterprise providing goods,
equipment, labor, and/or services to MCC if such goods, equipment, labor, and/or services are
procured or used in fulfillment of MCC's obligations arising from an agreement with City.
H. MCC means Municipal Code Corporation or any of its successors or assigns.
2. EFFECTIVE DATE,DURATION,AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for an initial term of sixty (60) month from
the effective date. Prices shall be firm for the duration of the terms of this Agreement, except as
otherwise provided for herein. This Agreement may be renewed for two (2) additional periods
not to exceed twelve (12) months for each renewal, only upon the express written agreement of
both parties and only provided MCC has performed each and every contractual obligation
specified in this Agreement.
C. City reserves the right to review MCC's performance at any time during the initial
agreement period or any renewal periods, and may elect to terminate this Agreement with or
without cause or may elect to continue.
3. CONTRACT DOCUMENTS AND EXHIBITS
City selected MCC to supply the goods and services as outlined in the Response to RFP
submitted by MCC and, RFP 07-040, Specification Number 06-961-12 dated July 2007, all as
specified in Exhibits "A" and `B," respectively, attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the RFP and as offered by MCC in its Response to the RFP.
The goods and services which are the subject matter of this Agreement are described in
Exhibits "A" and`B" and, together with this Agreement, comprise the total Agreement and they
are as fully a part of this Agreement as if repeated herein in full.
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4. ITEMS AWARDED
All bid items on Exhibit`B"are awarded to MCC.
5. PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to MCC
will be made within thirty(30) days of the day on which City receives the performance, supplies,
materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the
performance of services was complete, or within thirty (30) days of the day on which City
receives a correct invoice for the performance and/or deliverables or services, whichever is later.
MCC may charge a late fee of one percent (1%) for payments not made in accordance with this
Prompt Payment Policy; however, this Policy does not apply to payments made by City in the
event:
A. There is a bona fide dispute between City and MCC concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
6. GRATUITIES AND BRIBES
City may, by written notice to MCC, cancel this Agreement without liability if it is
determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by MCC or its agents or representatives to any City officer, employee or elected
representative with respect to the performance of this Agreement. In addition, MCC may be
subject to penalties stated in Title 8 of the Texas Penal Code.
7. TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in MCC's charges.
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8. ORDERS PLACED WITH ALTERNATE VENDORS
If MCC cannot provide the goods and services as specified, City reserves the right and
option to obtain same from other suppliers or sources.
6. INSURANCE
MCC shall meet all requirements as stated in the attached Request for Proposal No. 07-
040 and its bid response.
5. CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Sara White
City Secretary
221 East Main Street
Round Rock, Texas 78664
512-218-5404
swhite@round-rock.tx.us
6. RIGHT TO ASSURANCE
Whenever either parry to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event, the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
7. DEFAULT
If MCC abandons or defaults under this Agreement and is a cause of City purchasing the
specified goods and services elsewhere, MCC agrees that it may be charged the difference in
cost, if any, and that it will not be considered in the re-advertisement of the service and that it
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
MCC shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance"section herein; or
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C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
8. TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty(30) days' written notice to MCC.
B. In the event of any default by MCC, City has the right to terminate this
Agreement for cause,upon ten(10) days' written notice to MCC.
C. MCC has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing the City with one hundred twenty
(120) days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, MCC shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 16.01 shall not relieve MCC of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 16.01,
the following shall apply: Upon City's delivery of the referenced notice to MCC, MCC shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, MCC
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay MCC that portion of the
charges, if undisputed. The parties agree that MCC is not entitled to compensation for services it
would have performed under the remaining term of the Agreement except as provided herein.
9. INDEMNIFICATION
MCC shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of MCC,
or MCC's agents, employees or subcontractors, in the performance of MCC's obligations under
this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or MCC (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
10. COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
MCC, its agents, employees and subcontractors shall comply with all applicable federal
and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all
applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
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11. ASSIGNMENT AND DELEGATION
The parties each bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor
transfer any interest in this Agreement without prior written authorization of the other party.
12. NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to MCC:
Diane J. Kyrus
Vice President, Codes
1700 Capital Circle, SW
Tallahassee,FL 32310
Notice to City:
David Kautz Stephan L. Sheets
Assistant City Manager City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and MCC.
13. APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
14. EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
MCC and City. This Agreement may only be amended or supplemented by mutual agreement of
the parties hereto in writing.
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15. DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and MCC shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and MCC hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
16. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision,which is of the essence of this Agreement,be determined void.
17. MISCELLANEOUS PROVISIONS
Standard of Care. MCC represents that it employs trained, experienced and competent
persons to perform all of the services, responsibilities and duties specified herein and that such
services, responsibilities and duties shall be performed in a manner according to generally
accepted industry practices.
Time is of the Essence. MCC understands and agrees that time is of the essence and that
any failure of MCC to fulfill obligations for each portion of this Agreement within the agreed
timeframes will constitute a material breach of this Agreement. MCC shall be fully responsible
for its delays or for failures to use best efforts in accordance with the terms of this Agreement.
Where damage is caused to City due to MCC's failure to perform in these circumstances, City
may pursue any remedy available without waiver of any of City's additional legal rights or
remedies.
Force Majeure. Neither City nor MCC shall be deemed in violation of this Agreement if
it is prevented from performing any of its obligations hereunder by reasons for which it is not
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responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and MCC have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK,TEXAS MUNICIPAL CODE CORPORATION
a Florida corporation
B I
Y• By:
Title: Title: V
Printed Name: Printed Name: -LAvd-% ' GA
Date Signed: Date Signed: - -7 - (.9-7
ATTEST:
Christine R. Martinez, City Secretary
JFO ITY,APPROV D AS TO FORM:
Step L. Sheets, City Attorney
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RESPONSE TO
REQUEST FOR PROPOSALS
FOR
RECODIFICATION SERVICES -- PRINT AND ONLINE VERSION
FOR THE
CITY OF ROUND ROCK, TEXAS
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ROUND ROCK,TEXAS
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PURPOSE AMON.movam.
Respectfully Submitted by:
Municipal Code Corporation
SCJ Box 2235 Tallahassee, FL 32316
800-262726.33o Fax: 850-575-8852 • info@�municode,com
t unicode.cor
Due Date: July 31 , 2007
EXHIBIT
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Table of Contents
Letterof Introduction........................................................................................... 3
ExecutiveSummary................................... .................................................... 4
Part One—Qualifications of MCC
Key Personnel Assigned to Project..................................................................... 6
LawEditorial Staff............................................................................................... 8
SupportPersonnel.............................................................................................. 8
References ......................................................................................................... 9
List of MCC's Texas Clients...............................................................................10
Part Two—Scope of Services
Supplement Service for Existing Code Manuscript
Material..............................................................................................................11
Schedule............................................................................................................11
PrintedSupplements..........................................................................................11
ElectronicUpdates.............................................................................................11
New Ordinances on the Web (N.O.W.)...............................................................11
EditorialWork.....................................................................................................11
Delivery........................................................... .......11
............................................
Republication of Code
MaterialIncluded................................................................................................12
OmittedMaterial.................................................................................................12
Electronic Acknowledgement of Materials..........................................................12
MonthlyStatus Reports......................................................................................12
EditorialWork.....................................................................................................12
Proofs ................................................................................................................13
Printing...............................................................................................................13
Delivery..............................................................................................................13
MCC as Total Code Administrator......................................................................14
Additional Options for Republication ..................................................................14
ElectronicMedia ................................................................................................15
Supplement Service for Republished Code
Material..............................................................................................................16
Schedule............................................................................................................16
PrintedSupplements..........................................................................................16
ElectronicUpdates.............................................................................................16
New Ordinances on the Web (N.O.W.)...............................................................16
EditorialWork.....................................................................................................16
Delivery..............................................................................................................16
Supplement Service Quotation Sheet for Existing Code Manuscript ..................17
Republication Quotation Sheet...........................................................................18
Supplement Service Quotation Sheet for Republished Code .............................19
SignaturePage..................................................................................................20
Codeon Computer Flyer....................................................................................21
Response to Request from Municipal Code Corporation Page 2
No Text
Executive Summary
Municipal Code Corporation will provide the City of Round Rock (hereinafter referred to as the City) and
your outside subscribers the highest level of service. Our corporate goal is to focus on the details of each
need, thereby earning the City's business. MCC works as a team and many of our team members have
been with MCC for more than 10 years. They are creative, know how to communicate, ask questions and
leverage their experience to solve problems.
Sales Approach
Our focus on service begins with the Sales approach. The Sales Support Staff handles more than 3500
accounts. Our response time to inquiries is normally a couple minutes via e-mail (constantly monitored) or
within the half-hour for phone correspondence. Notes from customers frequently remind us how rare it is in
today's business to respond quickly; however, we make it a priority. Our size also allows us to provide
extra editorial and technological resources an otherwise smaller firm doesn't have. As we have shown,
MCC will gladly meet with the City to provide additional information, as needed.
Editorial Approach
MCC uses a team approach. This provides for consistency in editing, understanding and quality work for
the City. As the City and the editor communicate, the needs of the City are shared with the editorial team
and the work becomes second nature for our staff. Additionally, the same indexer (although in a separate
department) will work on the City's Codes and supplements to provide consistency. Even our Legal
Department is team oriented, with attorneys working closely with editors. This assures a superior level of
quality and satisfaction by our clients.
Software Solutions
MCC focuses on technology that benefits our customers. We have a new CIO who has provided energy
and brought current technologies to our 50-year-old company. We have created products that are not only
affordable but that meet the ever changing needs of our customers. MCC offers all format/database
options (Word, WordPerfect, HTML, ASCII, RTF, PDF, XML), and our choice of mediums on which the
product can be delivered includes floppy disks, CDs, downloading from our website and e-mail. This
variety of products/mediums is also provided to subscribers.
We have a Technical Support Department with a variety of skilled personnel. They utilize Support Request
software that tracks and logs all requests to our staff. Requests are assigned and logged to a specific
person and closed out once completed. MCC can provide reports of Departmental or citizen requests on
each Code. Additional information will be provided in our Software Options portion of the response.
MCC handles all electronic services in-house. We have our own connection to the Internet, perform our
own programming and posting with the ProPublish software so we can meet the City's immediate needs.
This immediate response capability distinguishes MCC from some of the other firms in our industry that
outsource the hosting of their site and site customization.
Financial Focus
MCC is a privately owned Corporation. We are financially sound, having been in business for more than
55 years. MCC's President and Board of Directors are focused on improving MCC though investments in
people, technology and facilities. MCC recently has refurbished many offices and added a Health and
Fitness Gym with showers and a walking trail to provide additional benefits to our employees. MCC also
provides employees a Quarterly Production Reward system based on the profits of the company. Through
this incentive, our employees feel like MCC is partly their own company.
Response to Request from Municipal Code Corporation Page 4
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Subscriber Focus
Municipal Code Corporation has provided subscriber services for more than 20 years. Approximately
30,000 people subscribe to one (or more) of our publications, and we have created a department dedicated
to serving those subscribers. Our Subscriber Distribution Team provides a complete range of services
from ordering a Code or Supplement to providing missing pages, answering questions, invoicing and
insertion instructions. Ordering may be accomplished using a credit card through our website, via e-mail,
over the phone, fax or regular mail. We have a special e-mail address dedicated to our Distribution
Department that is manned all day. We typically provide same-day communication to our subscribers, and
within an hour when the query comes as an e-mail.
Our Distribution Department has its own software to allow for many different types of reports. MCC can
provide lists of the current and past subscribers. We can provide the number of purchases by Department
vs. citizens. We can also provide the information on requests for missing pages, supplements or questions
on a monthly, quarterly or annual basis. This software also provides for our billing and subscription
maintenance.
We believe subscribers are an extension of the City. Our goal is to make our local government client look
good in the eyes of their citizens. We constantly field questions from subscribers and try to help them get
to the information they are trying to find. This applies to both the print and Internet version of the Code.
We have cross-trained our Distribution Department Staff as to content, editorial issues and CD-ROM and
Internet assistance. Our Distribution staff has access to all of the print and electronic media so they can
solve a problem on their own without assistance from another department. They do, however, forward
complicated technical support to our Technical Support Staff.
Overall Comments
MCC is keenly interested in continuing our relationship with the City and assisting the City with its
publication needs and we feel our focus, company and personnel perfectly match the City's needs. We
appreciate your interest and look forward to your review of the rest of our information.
Response to Request from Municipal Code Corporation Page 5
PART ONE - QUALIFICATIONS OF MCC
For the last 56 years, Municipal Code Corporation has engaged exclusively in editing and
publishing Code for municipalities and counties of all sizes throughout the United States. MCC has
published and supplemented more Codes that are in current use than any other codifier in the Country.
This experience enables us to offer you the finest services available.
Business location: 1700 Capital Circle, SW, Tallahassee, FL 32310
800-262-2633 or 850-576-3171
Fax: 850-575-8852
Incorporation Date: March 1951
Current Code Accounts Serviced: 3,000
Project Contact Persons: Danielle Galvin, Vice President— Marketing
Diane J. Kyrus, Vice President—Codes
KEY PERSONNEL ASSIGNED TO PROJECT
(1) Project Coordinator:
Danielle Galvin, Vice President
B.S., Marketing, University of Central Florida; M.B.A., Administration, Northern Illinois
University; Tallahassee Community College Extended Studies: HTML, C++, Effective Oral
Communications, Managing Technology.
12 years' of Project Management/Customer Service Experience; available at all times via
blackberry technology.
(2) Supplementation Production:
John Dombroski, Vice President— Supplements
B.A., Trinity College; J.D., Cornell Law School; LL.M., George Washington University;
Member of Connecticut Bar
Supervisor of electronic teams. MCC has deployed a team concept. This type of
organization structure allows for complete communication, reduces the turn-around time for
publication, and assures greater accuracy. Since each team is comprised of two editors,
two typesetters and two proofreaders, it allows for what we call "bench depth" — there is
always a backup person.
Starlett Lovel
32 years' of experience in typesetting, editing and composition of Codes and
Supplements.
(3) Indexing:
Response to Request from Municipal Code Corporation Page 6
Dan Pyle, Indexing Supervisor
A.A., Tallahassee Community College; Member of American Society of Indexers.
24 years' experience in indexing Codes. Will provide oversight and technical assistance for
initial editorial preparation of the Index and updating the Index through the Supplement
Service.
(5) Information Technology:
Phillip Claiborne, Chief Information Officer
B.S., Management Information Systems, Florida State University; MBA, University of
Florida; A+, Net+, Security+, MCSE
8 years experience in network administration, 4 years experience in software development
and project management.
Christopher J. Poarch, Network Administrator
B.S., Information Studies, Florida State University; MCSE, MCSA, MCP
4 years experience in network administration.
Matt Farley, Desktop Support Technician
AA, Tallahassee Community College
1 year experience desktop and network technical support.
Elliot Haworth, Web Developer
B.A., Computer Science, Mercer University
4 years' experience desktop application programming and developing web based
applications
Raymond Lillibridge, Systems Analyst
Lively Vocations-Technical Center
24 year's experience: System administration, systems analysis, and custom software
development using multiple operating systems and programming languages
Lanae Chasteen, Systems Analyst
9 years' experience publishing, 5 years' developing custom Windows based applications
Response to Request from Municipal Code Corporation Page 7
LAIN EDITORIAL STAFF
George R. Lan ford, LL.B., University of Virginia; 54 years' experience in editing and publishing city and
county Codes; Chairman of the Board.
A. Lawton Langford, B.A., Vanderbilt University; M.B.A., J.D., Florida State University; Member of Florida
Bar; President/CEO.
Harold E. Grant, B.S., U. S. Naval Academy; J.D., Florida State University; former Judge Advocate
General, U.S. Navy; Member of Florida Bar; Executive Vice President and Chief Operating Officer.
John E. Dombroski, B.A., Trinity College; J.D., Cornell Law School; LL.M., George Washington University;
former Chief Judge of Navy/Marine Corps Court of Criminal Appeals; Member of Connecticut Bar;
Vice President of Supplement Department.
Diane J. Kyrus, B.A., Old Dominion University; J.D., William and Mary School of Law; Vice President of
Code Department.
Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; more than 30 years'
experience in local government law; Member of Florida Bar.
William J. Carroll Jr., B.S., Penn State University; J.D., Florida State University; more than 30 years'
experience in local government law; Member of Florida Bar.
Roger D. Merriam, B.A., Mercer University; J.D., Emory University; more than 30 years' experience in local
government law; Member of Florida Bar.
Daniel F. Walker, B.S., Florida Southern College; J.D., Georgia State University; 8 year's private practice; 7
years' experience in local government law; Member of Florida and South Carolina Bars. Admitted
to practice before the U.S. Court of International Trade and the U.S. Court of Appeals for the Armed
Forces.
James C. Jenkins, II, B.A., Eckerd College; J.D., University of Maryland School of Law; Former Appellate
Attorney and Trial Prosecutor for the Kings City District Attorney's Office, Brooklyn, NY; 10 years'
experience in legal research preparation in case law; 2 years' experience in local government law.
David D. Beach, B.S., Indiana University South Bend; J.D., Valparaiso University School of Law; M.L.S.,
Indiana University Purdue University Indianapolis; five years topical & legal research experience; 1
year experience in local government law.
Sandra S. Fox, B.A, Florida State University; J.D., Florida State University; 9 years' experience in legal
research and writing.
SUPPORT PERSONNEL
The entire staff, including the printing operation, consists of approximately 140 employees,
including 12 attorneys, 29 editors, and 46,000 square feet of floor space.
MCC's Electronic Publishing Division maintains full-time proofreaders and typesetters, in addition to
sufficient clerical help to respond quickly and accurately to virtually any request from a client.
All facilities, including a printing plant, which prints Codes and Supplements to meet the contractual
requirements of MCC, are located on our premises. This enables us to control each project from beginning
to end with no part being subcontracted. Key personnel are available to answer questions during any
phase of the project and to assure quality control in all aspects of publication. MCC will not use
subcontractors for this project.
Response to Request from Municipal Code Corporation Page 8
irrrrrrrrirr�ri nur�irrr•urrrrrr�rrrr
REFERENCES
Ms. Shelley Goodwin
City of San Marcos
Interim City Clerk
630 East Hopkins Street
San Marcos, TX 78666
(512) 393-8090
Goodwin Shelley@ci.san-marcos tx us
Ms. Leticia Vacek
City of San Antonio
City Clerk
100 Military Plaza 2nd Floor
San Antonio, TX 78205 3966
(210) 207-7253
Leticia.Vacek @ sanantonio.goy
Ms. Deloris McKenzie
City of Friendswood
City Secretary
910 S. Friendswood Dr.
Friendswood, TX 77546 4856
(281) 996-3270
dmckenzie @ ci.friendswood.tx.us
Response to Request from Municipal Code Corporation Page 9
Now
LIST
LIST QF MCC'S TEXAS CLIENTS
*Municipalities utilizing our Supplement Service for Codes originally prepared by another publisher.
TEXAS CLIENTS
rs.<
Abilene Columbus Grand Prairie Liberty Palmhurst Sonora
Addison Commerce Granite Shoals Little Elm Paris South Houston
Alamo Heights Conroe Grapevine Live Oak Pasadena Southlake
Aledo *Coppell Groves Livingston Pearland *Spring Valley
Alice Copperas Cove Haltom City Llano Pearsall Stafford
Allen Corpus Christi Hamilton Lockhart Pharr Stamford
Alpine Corsicana Hedwig Village Lorena Pinehurst Sugar Land
Alvin Crosbyton Helotes Luling Piney Point Village Sulphur Springs
Amarillo Crowley Henrietta Lumberton Plano Surfside Beach
Andrews Crystal City Hewitt Magnolia Ponder Sweetwater
Angleton Daingerfield Hidalgo Manvel Port Aransas Taft
Angus Dallas Co. Highland Park Marble Falls Port Arthur Taylor
Aransas Pass Decatur Hunters Creek Marlin Port Isabel Taylor Lake
Athens Deer Park Village Marshall Port Neches Village
Balch Springs Del Rio Huntsville McAllen Portland Terrell
Bayou Vista Denison Highland Village McKinney Princeton Texarkana
Baytown Denton Hill Country Village McLendon-Chisolm Rancho Viejo Texas City
Beaumont Devine *Hilshire Village *Melissa Refugio The Colony
Bedford Diboll Hollywood Park Mesquite Richardson Tomball
Bellaire Dickinson Houston Midland Richland Hills Trinity
Bellmead Dublin Humble Midlothian Richwood Universal City
Boerne Dumas Hurst Mineola Roanoke Vernon
*Bowie Duncanville Ingleside Mineral Wells Robinson Victoria
Breckenridge Eagle Pass Irving Mission Rockport Vidor
Brenham Early Jacinto City Missouri City Rockwall Waco
Bridge City Eastland Jacksonville Monahans Roma Waxahachie
*Brookside Village EI Lago Jasper Montgomery Rosenberg Weatherford
Brownsville Ennis Jefferson Morgan's Point Rowlett Webster
Brownwood Euless Jersey Village Mount Vernon Rusk Weslaco
Bryan Everman *Justin Murphy Sachse Westlake
Bunker Hill Village Fairfield Kaufman Nacogdoches Saginaw West Lake Hills
Burleson Farmers Branch Keller Nassau Bay San Antonio West University
Burnet Fate Kemah Navasota San Marcos Place
Carrizo Springs Flower Mound Kennedale Nederland *Santa Fe Wharton
Carrollton Forest Hill *Kerrville Needville Schertz White Oak
Carthage Fort Stockton Kilgore New Boston Schulenburg White Settlement
Castroville Fort Worth Kyle New Braunfels Seabrook Wichita Falls
Cedar Hill Fredericksburg La Grange New London Seagoville Winona
Center Friendswood La Marque North Richland Hills Sealy Woodville
Cibolo Frisco La Porte *Oak Point Seguin Woodway
Cisco Gainesville Lake Dallas Oak Ridge North Selma Wylie
Clear Lake Shores *Galveston Lake Jackson Odessa Shavano Park Yoakum
Cleveland Gilmer Lampasas *Orange Shenandoah
Clifton *Georgetown Laredo *Ovilla Shepherd 7/07
Clute Goliad League City Oyster Creek Shoreacres
Colleyville Graham Lewisville Palestine Snyder
Response to Request from Municipal Code Corporation Page 10
P T TWO - SCOPE OF SER C
ES
SUPPLEMENT SERVICE FOR EXISTING CODE MANUSCRIPT
Material. MCC will update the Code manuscript as legislation is passed. The City will forward
the legislation passed by the City upon adoption. MCC will provide u dat a copy of
needs of the City. The City can provide the ordinances via e-mail to or s @ munoic de com uvia fax meet the
575-8852 or in printed form. MCC can provide printed supplements between 5-15 days, depending
upo-
end
the amount of legislation. p g pon
Schedule. After shipment of the Code, MCC shall keep the Code up-to-date by theublicatio
Supplements that will contain newly enacted ordinances of a general and permanent natu p n of
can be published on a schedule to meet the requirements of the City, re. Supplements
Printed Supplements. Amendments to the printed Code occur in the form of Printed Supplements pages
that are issued as replacement pages. Printed Supplements include updated Table of Contents, Code
Comparative Table, index and text pages. A Supplement for each printed Code is included in the base per
page rate.
Electronic Updates. If the City has chosen to receive the Code in electronic media, MCC can provide the
Supplements electronically on a schedule to meet the City's needs, e.g., biweekly, monthly or bimonthl .
The City may choose to have printed Supplements publishedY
reflect the entire Code as updated through the most recent Supplement,quently. The electronic media will
New Ordinances on the Web (N.O.W.). MCC can post the ordinances passed '"
ted i Supplements or Electronic Updates on our website. The ordinances are posted as part of the Pre m nn between a ies
and also show in the electronic Table of Contents. Once the posted ordinances are incorporated into the
Code, they are removed from the website. We recommend the City send legislation in an editable form
via email for inclusion in the Code. This allows the legislation to be searchable on the Internet site along
with the Code. 9
To view this service o t
g o the Gainesville, Texas Code of Ordinances— See "Ordinances Enacted/Not Yet
Codified"located at the bottom of the Table of Contents.
Editorial Work. MCC's editorial team, consistingof
a legal editor, proofreader and indexer, will review the
legislation against the Code and create the appropriate supplemental pages for the Code. MCC will update
all aspects of the Code relating to the legislation to include the Table of Contents, catchlines, tables and
index. MCC will also create an instruction sheet to advise the Code holders how to insert and remove
pages. MCC will also create a Checklist of Up-to-Date pages with the first supplement. This advises the
user of the pages and what supplement they originated from. MCC will include appropriate editorial notes
to sections that require additional explanation. A separate supplement can be created for the pamphlet
the Code. We provide you the benefit of assigning the same team to your supplements each update. This
provided consistency and knowledge of the City's specific needs. Most of our legal editors have over 9
years of experience and hold Bachelors Degrees. The editor assigned to your account will have at least 6
years worth of editing experience.
Delivery. Printed Supplements to the Code and pamphlets, if ordered, will be delivered in bulk to the city,
E
unless the City chooses to utilize MCC's Distribution Services. The website will be updated upon shipment
of the printed Supplement or as Electronic Updates are delivered.
r
Response to Request from Municipal Code Corporation Page 11
iii
REPUBLICATION OF CODE
ak
Material Included. All legislation of a general and permanent nature
, passed in final form by be included in the new Code. MCC prefers the material in an editable electronic form, and will a City will
the electronic media Burin the � rely upon
g project when furnished electronically, unless otherwise instructed.
However, materials are not required to be furnished in electronic form and can be provided
printed copy. ided '
py material received by MCC will be acknowledged via e-mail or the postal service.via fax or
Omitted Material. The following legislation, which is not of a general and permanent nature
omitted from the Code un , will be
less otherwise instructed by MCC and the City: Appropriations; Franchises;
Bonds; Vacating Streets and Other Public Properties; Sales of Surplus Assets and Properties; Tax Levi
Special Elections; Contracts and Agreements; Rezoning; Personnel Regulations; Annexations and
t
Disannexations; Tax Anticipated Notes and Issuances of Similar Debt to
Named Individuals to Positions within a Governmental Body; Comprehensive Mastest n Pru lans and Traffiointments c Schedules. c
Electronic Acknowledgement of Materials. MCC, as part of our process, acknowledges the materials
sent by the City in electronic form. You can see the material you have just submitted and we also provide
a link to a listing of all material submitted for the project over time. We feel this alio
immediate access to the last ordinance and disposition of ordinances submitted. ws the City to have
Monthly Status Reports. MCC will provide monthly updates to the City as to the status ofour 'ob.
Simply provide an e-mail list or fax list and we will send a detailed statement of the project s y J
this helps keep all parties involved with the project on the same page. p status. We feel
Editorial Work
• Preparation of Manuscript. MCC will utilize the existing Code and prepare a manuscript for the
project.
• Insertion of Ordinances. MCC will edit and insert all ordinance amendments and new ordinances
in to the proper places in the Code manuscript and dele
that have been repealed. p to from the Code manuscript all provisions
• Page format. MCC can maintain the current format or provide other options
CC
provides a consistent indentation and numbering system for the Code. This provides sge o the user
additional ways to scan and use the text.
• Review Footnotes. MCC will review footnotes against the corresponding provisions of the general
and specific Acts of the City and prepare new footnotes as approved by the City.
Table of contents. This table will list the chapters, articles and divisions of the Code, giving the
page number upon which each begins.
•
Chapter analysis. Each P y ch chapter of the new Code will be preceded by a detailed analysis listing the
articles, divisions, and sections contained therein.
• Catchlines. Each section will berec
p eded by a catchline describing the content of the section.
• Proper phraseology. Concise, modem and proper phraseology, without conflicts, ambiguities and
r repetitious provisions.
• History notes. Where possible, history notes from the existing Code will be maintained in the new
h
Code. MCC will also add a note for each section added during the project. The note will indicate
the source from which the section is derived.
Response to Request from Municipal Code Corporation Page 12
• Comparative table. This table lists all ordinances included in the Code and indicates the
the previous Code from which it was derived; new ordinances section in
ar
numerical sequence,setting out the location of such ordinances in the listed
in chronological and/or
• State law reference table, if desired. This table lists by state law citation all
reference and their location within the volume. sections carrying a
• Type size. Various type sizes and fonts are available for text. MCC provides many different
sizes. We recommend a ten-point size to reduce the size of the volume. The ten-point font
e is
legible and also provides for minimizing the volume size. We also offer eleven and welve tzoin
size p t
• Index and Tables. MCC will update the index and all tables (Contents, State Law Reference, Prior
Code Comparison, Ordinance Disposition, etc.) for the Code as necessitated by the materials.
Additional tables required by the City can be created.
• Graphics. MCC will add the graphics when provided b the Ci
into the printed and electronic versions of the Code. y City in a usable format and insert them
Proofs
Proofs. After editing and proofreading, proofs incorporating the editorial work will be delivered to the City.
The proofs are an updated manuscript indicating agreed upon changes as decided by the Ci an
subsequent legislation. MCC guarantees typographical correctness. Any errors attributable to
MCC l be
corrected at no charge during the term of this Agreement. MCC's liability for all services shall extend'Ionly
to correcting the errors in the Code and subsequent updates, not to any acts or occurrences as a result of
such errors,and only as long as the contract is in effect.
Printing
MCG will provide the Ci with
City one complete Code and a PDF of the entire Code for distribution or printing.
MCC will then begin supplementation of the Code as outlined in the RFP and the following section.
Delivery
The following is a tentative time schedule in the preparation of the Code:
a) Submission of proofs to City 2-3 months
after completion of editorial conference.
b) Delivery of completed Code to City 1-2 months
after return of proofs.
The above time schedule provides for completion of the Code within three(3)to five (5) months, excluding
time required for review of the proofs and any delays occasioned by the City.
Response to Request from Municipal Code Corporation Page 13
will maintain MCC as Total Code Administrator. MCC
to the public, over and above the nu an inventory,#Codes and Supplements for sale
tuber specified in this agreement for City use. MCC will be responsible
for having available up-to-date copies of the Code for purchase b cu
will be responsible for marketing the Code to existing or potential subscribersand future subscribers. MCC
All handling expenses and risk of future sales of the Code will be incurred by MCC. MCC will
price for the Code
and future Supplements, as approved by the City. set the sale
= Should the City need additional copies of the Code, MCC will provide the desired number of copies
discounted price. p es at a
ADDITIONAL OPTIONS FOR REPUBLICATION
Legal and Editorial Work. MCC can provide a legal review. We can assign a team, consistingof a lea
attorney, editor, proofreader and indexer, to the project. All recommendations by this legal team are
intended for use by the City's attorney and should not be c
responsible for the following: onsidered legal advice. This legal team is
• Research and Review. MCC will research all legislation submitted ed by the City against the State
Constitution, State Law,
the Charter (if the City has adopted one), as well as inconsistencies and
conflicts within the legislation itself. Zoning and Land Use provisions will be reviewed only if
included in the Code. Ordinances enacted, or added, subsequent to the date of this agreement,
items not contemplated within the scope of service, may be added at the additional page rate.
ent, or
• Structure. MCC will suggest a structure and organization for the Code and provide a Table of
Contents indicating said structure. MCC will assume the legislative structure is to remain in
unless discussed with our attorneyand a tact
approved by the City.
' Legal Manuscript MCC '
P will submit a legal manuscript for the City's review. This manuscript will
reflect the MCC attorney's legal review and will contain the substantive provisions of legislation
provided by the City and with proposed changes. Recommendations by MCC's attorney will be
provided and discussed with the City. The legal gal manuscrEpt will be provided in electronic form; a
printed copy can be provided upon request.
• Conference. MCC will conduct a conference, either inerson via
p telephone or webmar, to review
the legal manuscript. All persons interested in the project may be included; but the City's attorney
and Clerk are essential. Issues discovered during the legal research will be discussed at the
conference, with agreed upon solutions noted in the legal manuscript. The City's attorney
has the
final decision making authority for resolution of issues brought up at the Conference or "fotnoted"
in the Legal Manuscript.
References. MCC will provide State Law references within the Code. Additional references, such
as editors notes, reserved sections, and referenced materials,will be provided as appropriate.
• Editing. MCC will edit the Code to reflect proper grammar and stylistic consistency. MCC will not
reword any provision that affects the substantive intent of the Code, unless the City approves the
revision; however, MCC may make non-substantive revisions to improve readability.
• Proofreading. MCC will proofread the Code prior to submitting proofs. The text will be reviewed for
sense, structure and to ensure the implementation of the decisions by the City and MCC's attorney
are correct.
Response to Request from Municipal Code Corporation Page 14
• Formal Options. MCC will review format options, such as font ty a (e.g. Arial, New Century
�,. Book, Times New Roman) font size (9, 10, 11, 12 point) School
graphics appearance and placement, with the City. e will help lou choose Ingle or double column),
a professional document that is easily researched. Sample page formats will be provided for review
ts m
and selection. ew
Index and Tables. MCC will create a subject matter index and all tables (Contents, State Law
Reference, Prior Code Comparison, Ordinance Disposition, etc.) for the Code as necessitated b
the materials. Additional tables required by the City can be created. Y
• Graphics. MCC will add the graphics when provided by the City in a usable format and insert them
into the printed and electronic versions of the Code.
• Adopting Ordinance. MCC will provide an Adopting Ordinance upon completion of the project, if the
legal review is chosen.
ELECTRONIC MEDIA
MCC can provide several options (to the Cit and outside
Codes. y subscribers) for the electronic versions of the
First, the Codes can be provided individually or as a complete set in electronic for
mayor word processingm. MCC provides all the
programs, such as WORD or WordPerfect (latest versions), as well as generic text
such ASCII, HTML or XML. We also provide a PDF option. The files can be write protected at the
operating system level as well as the word processing level so that changes to the master version cannot
occur. This protection, however, would not prevent a user from copying the data into a program in which
changes could be made. The electronic information can be sent via diskette, CD or downloaded from the
Internet.
MCC can also integrate the Code with a text retrieval software. Folio and ISYS are our supported search
engines and single or multiple licenses are available. These programs provide a complex array of security
levels, which the City can select as desired. Norm
ally, the search can access the parent database except for searching. Of course, search results esult is configured such that no one
processing software where modifications can occur. scan be exported to word
MCC can also post the entire Code and/or pending legislation onto the Internet. Our web site is
http://Www.municode.com. We encourage the City to establish a link to the Code from its homepage.
MCC recently implemented our new software, ProPublish. MCC is currently providing 4 T-1s 30 servers
(for duplication and backup) and handles over 4,500 individual users and over 20,000 page views each
day.
Excludingtimerequired equired to update content, our site was up 99.9%of the time in the first quarter of the year
2005, on a 24-hour basis. MCC survived five hurricanes in 2004, and fully tested our Emergency
Management Plan, copies available upon request. Our servers are located in a fireproof room, climate
controlled with limited security access and an independent source of power. We doubt anyone can match
our plan.
We also feel we have the most comprehensive backupsystem in the
Y industry. We baric up all changed data
nightly; all files weekly and monthly move a complete backup to an offsite, climate-controlled storage facility.
We have tested our entire data system for restoration.
Response to Request from Municipal Code Corporation Page 15
SUPPAt6ENT SERVICE FOR REPUBLISD CODE
MCC would like to add the following information in regards to Supplementation mentation services.
Material. MCC will continue to update the Code as legislation is passed. The City will forward a copy of
the legislation passed by the City upon adoption. MCC will provide updates on a schedule
t
needs of the City. The City can provide the ordinances via e-mail to ords@municode.com via fax to 850-
meet the
575-8852 or in printed form. MCC can provide electronic and/or printed supplements between 5-15 days,
depending upon the amount of legislation.
Schedule. After shipment of the Code, MCC shall keep the Code up-to-date by the publication of
Supplements that will contain newly enacted ordinances of a general and permanent nature. Supplements
can be published on a schedule to me p
et the requirements of the City.
Printed Supplements. Amendments to the printed Code occur in the form of Printed Supplements pages
that are issued as replacement pages. Printed Supplements p g
Comparative Table, index and text pages. A Supplement for each printed Code is included Contents, Code
gel page rate. in the base per
Electronic Updates. If the City has chosen to receive the Code in electronic media, MCC can provide the
Supplements electronically on a schedule to meet the City's needs, e.g., biweekly, monthly or bimonthly.
The City may choose to have printed Supplements published less frequently. The electronic media
reflect the entire Code as updated through the most recent Supplement. will
New Ordinances on the Web (N.O.W.). MCC can post the ordinances passed in between Printed
Supplements or Electronic c Updates on our website. The ordinances are posted as part of the Preliminaries
and also show in the electronic Table of Contents. Once the posted ordinances are incorporated into the
Code, they are removed from the website. We recommend the City send legislation in an editable format
via email for inclusion in the Code. This allows the legislation to be searchable on the Internet site along
with the Code.
To view this service, go to the Gainesville, Texas Code of Ordinances—
Codified"located at the bottom of the Table of Contents. See Ordinances Enacted/Not Yet
Editorial Work. MCC's editorial team, consisting of a legal editor, proofreader and indexer, will review ew the
legislation against the Code and create the appropriate supplemental pages for the Code. MCC will update
all aspects of the Code relating to the legislation to include the Table of Contents, catchlines, tables and
index. MCC will also create an instruction sheet to advise the Code holders how to insert and remove
pages. MCC will also create a Checklist of Up-to-Date pages with the first supplement. This advises the
user of the pages and what supplement they originated from. MCC will include appropriate editorial notes
to sections that require additional explanation. A separate supplement can be created for the pamphlet to
the Code. Weou rovide the
P Y benefit of assigning the same team to your supplements each update. This
provided consistency and knowledge of the City's specific needs. Most of our legal editors have over 9
years of experience and hold Bachelors Degrees. The editor assigned to your account will have at least 6
' years worth of editing experience.
Delivery. Printed Supplements to the Code and pamphlets, if ordered, will be delivered in bulk to the city,
unless the City chooses to utilize MCC's Distribution Services. The website will be u
of the printed Supplement or as Electronic Updates are delivered. updated upon shipment
Response to Request from Municipal Code Corporation Page 16
SUPPLE NT SERVICE QUOTATIO
WSHEE
T FOR
CITY OFROUND ROCK, TEXAS
Supplement Service Base Page Rate for Existing Code Manuscri t
Page Format Base Page Rate
Single Column $17 per page
Base page rate above includes
• Acknowledgement of Material
• Data conversion,as necessary
• Editorial Work
• Proofreading
• Updating Index
• Updating Electronic versions', (e.g. CDs and Internet)
• Printing 1 Supplements
_ PDF of Supplement and/or complete Code
Please Circle Preferred Supplementation Schedule Below:
=-2-.-
Bi- On
Annual Semi-annual QuarterlyPd Monthly __D2_quest
Annual Semi-annual Bi- On
Supplements Quarterly
New Ords Monthly Request
On the Web Upon submission On Request
Additional Services that apply to Supplement Service
Y
• Graphics, per graphic
• Color Graphics(includes printing), each $1
• Freight $255
New Ordinances on the Web NOW no editing, - Actual freight
• (NOW), 3 5 day turnaround,
per ordinance $25
Payment for Supplement and Additional Services
Invoices will be submitted upon shipment of project(s).
2 We do not charge a per page rate for updating CDs or the Internet—this is included in the supplement
3 Schedule can be changed at any time during the contract. information on Weekly.Bi-weekly and Monthly Supe lement
schedules are available upon request. y
Response to Request from Municipal Code Corporation Page 17
REPUL
ICATION QUOTATION SET FOR
=f I CITY OF ROUND ROCK, TEXAS
Base Cost, includes
$7,000
Receipt, review and organization of materials
• Editorial Work
• 1 Copies, to include binders and tabs
• PDF of entire Code
• Editing
• Proofreading
• Proofs of Code Manuscript
• Updating Index and Tables
• Graphics
• Code on the Internet for one year'
• Freight
• Distribution of Codes and Supplements
• Code formatted in RTF
Payments for Republication Services
• Execution of Agreement $2,800
• Submission of Proofs 75
• Delivery 0
Balance i
OPTIONAL SERVICES
• Electronic Media Options See attached information
• Legal review to include legal manuscript
Implementation of Legal o include proofs $4,000
• al findings t
• Conference, onsite $2,000
• Teleconference, er session $1,500
p $500
f
Subsequent years$400 a year.
Response to Request from Municipal Code Corporation Page 18
i
FSUPPLE
NT SERVICE QUOTATIOSHEET FOR
CITY OF ROUND ROCK, TEXAS
Supplement Service Base Page Rate for Republished Code
Page Format Base Page Rate
Single Column $17 per page
Base page rate above includes
• Acknowledgement of Material
• Data conversion, as necessary
• Editorial Work
• Proofreading
• Updating Index
• Updating Electronic versions, (e.g. CDs and Internet)
• Printing 1 Supplements
• PDF of Supplement and/or complete Code
Please Circle Preferred Supplementation Schedule6 Below:
Electronic
Ue datesc Annual Semi-annual Quarterly Bi- On
Monthly Request
Printed Annual Semi-annual Quarter) Bi- On
_-Supplements y — Monthly Request
New Ords
On the Web Upon submission On Request
Additional Services that apply to Supplement Service
• Graphics, per graphic $10
• Color Graphics(includes printing), each $25
• Freight Actual freight
• New Ordinances on the Web(NOW), no editing, 3-5 day turnaround,
per ordinance $25
Payment for Supplement and Additional Services
Invoices will be submitted upon shipment of project(s).
5 We do not charge a per page rate for updating CDs or the Internet—this is included in the supplement per page rate.
S Schedule can be changed at any time during the contract. Information on Weekly, Bi-weekly and Monthly Supplement
schedules are available ue upon request.
q st.
Response to Request from Municipal Code Corporation page 19
Submitted by:
MUNICIPAL CODI! CORPORATION
Vice President:
Witness:
Date:July 30, 20 7
Accepted by:
CITY OF ROUND ROCK, TEXAS
By:
Title:
Witness:
Date:
F
y
Response to Request from Municipal Code Corporation Page 20
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Take a look at our Electronic Services!
There are many benefits to gotting your Code In electronic format: K' ,�. •i �r
• No retyping ordinances to amend the Code -
• Easy access and searching
• Unlimited pubtic access to the Code online
Reduction in printed supplements
,!
{ :E' • Multiple delivery options'-CD,download,or a-mail.
'i7 •tl
DATABASE
We can prepare your Code or a chapter of your Code for use with most word processing packages
such as WordPerfect or Microsoft Word.We can also provide text options kke HTML,XML and TXT: -No Charge
PDF FORMAT
MCC can provide the Code in PDF format.The PDF format mirrors the printed Code.
$293
SEARCH &RETRIEVAL SOFTWARErp.x.;ncaoa,a;nplvmerAcoA3o,Inq4lrarboutFrW41-cenainp optional
Purchase a Folio BoundVIEWS version of your Code of Ordinances and experience some of the
most sophisticated search and retrieval tools available.This is the absolute. best choice for
customizable printing,exporting,searching,and content management foryour Code of Ordinances.
$493
CODE ON INTERNET
Let us host your Code on our site with the latest search sotware,ProPublish.This allows access to
Your Code of Ordinances to anyone with an Internet connection.We can even customize the look of
your Code on our site to integrate seamlessly with your existing site.Annual subscription price...
k $400
MULTIPLE CODE SEARCH
Need to search several cities or counties at once?Save time and money with our new multi code
search subscription service.Perform one keyword search and access every available city or county
Code of Ordinances within a state simultaneously Annual subscription price_..
$200
E-SUPPLEMENTS
Once you have selected an electronic product,you can update it more often than the printed
supplements for the same rice as !
` Pp price your supplement per page rate.
N.O.W. (New Ordinances on the Web)SERVICE
With your electronic product,we can even post your ordinances with the online Code.We offer a 3
to 5 dayturnaround! Price perordinance
$2
5
UPDATED ELECTRONIC PRODUCTS
MCC will update the electronic product you have chosen after each supplement.Price per update...
!Municipal Code Corporation
PO Box 2235 Tallahassee*FL 32316
k" 80+0-262.2€633*Fax:$50-572■irlf munic e. m
cz� _
Response to Request from Municipal Code Corporation Page 21
L
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
City of Round Rock
REQUEST FOR PROPOSALS
RECODIFICATION SERVICES—PRINT AND ONLINE VERSION
PART I
GENERAL INFORMATION
1. PURPOSE
1.1. The intent of this Request for Proposal and resulting agreement for the City of Round Rock,Texas, seeks the
services of qualified contractor(s)to provide an initial recodification of the existing Code of Ordinances edition,and to
thereafter provide periodic codification,maintenance and update services for ordinances passed by the City of
Round Rock,Texas.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and proposal document:
2.1. Agreement—A mutually binding legal document obligating the Vendor to furnish the goods,equipment or services,
and obligating the City to pay for it.
2.2. City—Identifies the City of Round Rock,Travis and Williamson Counties,Texas.
2.3. Deliverables means the goods,products,materials,and/or services to be provided to the City by Proposer if awarded the
contract.
2.4. Goods represent materials,supplies,commodities and equipment.
2.5. Professional Services means services that use skills that are predominantly mental or intellectual, rather than
physical or manual including, but not limited to,accounting,architecture,land surveying,law, medicine,optometry
and professional engineering.
2.6. Proposal is a complete,properly signed response to a Solicitation that if accepted,would bind the Proposer to
perform the resulting contract.
2.7. Proposer identifies persons and entities that submit a proposal.
2.8. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the
City's standard Purchase Order form and which,when accepted by the Bidder, becomes a contract.The Purchase
Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified,and the City's
commitment to accept the Goods or Services for an agreed upon price.
2.9. Services-work performed to meet a demand. The furnishing of labor,time,or effort by the vendor and their ability to
comply with promised delivery dates, specification and technical assistance specified.
2.10. Subcontractor-Any person or business enterprise providing goods, labor,and/or services to a Vendor if such goods,
equipment, labor,and/or services are procured or used in fulfillment of the Vendor's obligations arising from a
contract with the City.
2.11. Vendor—(Sometimes referred to as Contractor)A person or business enterprise providing goods, equipment, labor
and/or services to the City as fulfillment of obligations arising from a contract or purchase order.
3. CONFLICT OF INTEREST
3.1. Effective January 1,2006, Chapter 176 of the Texas Local Government Code(House Bill 914)requires that any
vendor or person considering doing business with a local government entity disclose the vendor or person's affiliation
or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest
Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of
Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form,
please mail to:
City of Round Rock EXHIBIT
Christine Martinez, City Secretary
221 East Main
Round Rock,Texas 78664-5299 "B"
Page 1 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
3.2. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the
disqualification of the vendor's proposal.
4. CITY CONTACT:
4.1. All responses for Request for Proposals(RFP),as well as any questions,clarifications or requests for general
information are to be directed to:
Randy Barker
Purchasing Supervisor
221 East Main
Round Rock,TX 78664-5299
Telephone(512)218-3295
Fax(512)218-7028
rbarkeKa-round-rock.tx.us
4.2. The individual above may be telephoned for clarification of the specifications of this Request for Proposals only. No
authority is intended or implied that specifications may be amended or alternates accepted prior to closing date
without written approval of the City. Under no circumstances will private meetings be scheduled between Proposer
and City staff.
5. EX PARTE COMMUNICATION:
5.1. Please note that to insure the proper and fair evaluation of a proposal,the City of Round Rock prohibits ex parte
communication(e.g., unsolicited)initiated by the Proposer to a City Official or Employee evaluating or considering the
proposals prior to the time a formal decision has been made.Communication between Proposer and the City will be
initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a
proper and accurate evaluation of the proposal. Ex parte communication may be grounds for disqualifying the
offending Proposer from consideration or award of the solicitation then in evaluation,or any future solicitation.
6. PROPOSAL SCHEDULE
6.1. It is the City's intention to comply with the following project schedule:
6.1.1. Request for Proposals released July 17, 2007
6.1.2. Deadline for questions July 25, 2007
6.1.3. City response to all questions/addendums July 27, 2007
6.1.4. Responses for RFP due by 3:00 p.m. July 31, 2007
NOTE:These dates represent a tentative schedule of events. The City reserves the right to modify these dates at
any time,with appropriate notice to prospective Proposer.
6.2. All questions regarding the RFP shall be submitted in writing(either electronically,fax, or regular mail)by 5:00 pm on
July 25,2007 to above named City Contact. All interested firms will be provided with a copy of the questions
submitted and the City's response.
7. PROPOSAL DUE DATE:
7.1. Sealed proposals are due no later than 3:00 p.m.,July 31,2007 to the Office of the Purchasing Department. Mail or
carry sealed proposals to:
City of Round Rock,Texas
221 East Main
Round Rock,Texas 78664-5299
7.2. Proposals received after this time and date will not be considered.
7.3. Sealed proposals should be clearly marked on the outside of packaging"DO NOT OPEN—RFP 07-040
RECODIFICATION ONLINE".
7.4. Facsimile or electronically transmitted proposals are not acceptable.
7.5. Each proposal and each proposal variation shall be submitted in one(1)original and five(5)copies.
8. PROPOSAL SUBMISSION REQUIREMENTS: Interested and qualified firms or teams shall:
8.1. Submit one(1)original and five(5)copies of materials that demonstrate their experience in performing projects of this
scale and complexity.
Page 2 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
8.2. Documentation shall include:
8.2.1. Identification of the firm/team responding to the RFP to include a brief summary of team member
experiences.
8.2.2. A summary demonstrating the firm's/team's qualifications to satisfy all the technical areas identified in the
specification.
8.2.3. A representative list of projects of a scale and complexity similar to the project being considered by the city.
The list should include the project location,client, services provided by your firm for the project,term of
sponsorship and an owner contact name.
8.2.4. Project timeline outlining the steps the firm would take in the implementation of the project.
8.3. Provide references: Provide the name,address,telephone number and point of contact of at least three clients that
have utilized the same or similar product and services within the last 2 years. References may be checked prior to
award. Any negative responses received may result in disqualification from consideration for award. Failure to
include references with submittal may result in disqualification from consideration for award.
8.4. Identify any subcontractors to be used for this project. Experience,qualifications and references of the
subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to
any work being performed.
9. EVALUATION CRITERIA:
9.1. All proposals received shall be evaluated based on the best value for the City by considering all or part of the criteria
listed,as well as any relevant criteria specifically listed in the solicitation:
9.1.1. Price;
9.1.2. Long-term cost to the City to acquire Proposer's goods and services;
9.1.3. The extent to which the goods or services meet the City's needs;
9.1.4. Completeness,technical competence and clarity of the proposal;
9.1.5. Project Process and Outline;
9.1.6. Compliance with Requested Form and Information;
9.1.7. Reputation of the Proposer and the Proposer's services;
9.1.8. Technical Expertise;
9.1.9. Client List/Sponsor Reference and Experience;
9.1.10. Proposer's past relationship with the City. All vendors will be evaluated on their past performance and prior
dealings with the City to include, but not limited to,failure to meet specifications,poor quality, poor
workmanship, late delivery.
10. EVALUATION PROCESS:
10.1. A committee comprised of City Staff and others as appropriate will review the responses to the RFP and may develop
a short list of firms/teams.
10.2. Interviews and/or demonstrations may be conducted with any of the"short listed"firms/teams to discuss their
qualifications, resources, and availability to provide the services requested.
10.2.1. Upon completion of the evaluation,the selection committee may recommend a firm/team for the project
identified.
10.2.2. A contract with the recommended firm/team for the project will then be negotiated. This process will be
completed with the City Council's authorization to the mayor for the execution of the contract or the
execution of the contract by the City Manager.
10.3. The City of Round Rock will not provide compensation or defray any cost incurred by any firm related to the response
to this request. The City of Round Rock reserves the right to negotiate with any and all persons or firms. The City of
Round Rock also reserves the right to reject any or all proposals,or to accept any proposal deemed most
advantageous, or to waive any irregularities or informalities in the proposal received,and to revise the process and/or
schedule as circumstances require.
11. CONFIDENTIALITY OF PROPOSAL CONTENT:
11.1. All proposals submitted in response to this RFP shall be held confidential until an agreement is awarded. Following
the agreement award, proposals are subject to release as public information unless the proposal or specific parts of
the proposal can be shown to be exempt from the Texas Public Information Act.Proposers are advised to consult
Page 3 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets
or any other proprietary information.The City assumes no obligation or responsibility for asserting legal arguments on
behalf of potential Proposers.
11.2. If a Proposer believes that a proposal or parts of a proposal are confidential,then the Proposer shall so specify.The
Proposer shall stamp in bold red letters the term "CONFIDENTIAL"on that part of the proposal,which the Proposer
believes to be confidential.Vague and general claims as to confidentiality shall not be accepted.All proposals and
parts of proposals that are not marked as confidential will be automatically considered public information after the
agreement is awarded.
12. CLARIFICATION OF PROPOSALS:
12.1. The City reserves the right to request clarification or additional information specific to any proposal after all proposals
have been received.
PART II
GENERAL TERMS AND CONDITIONS
1. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five(5)consecutive twelve-month periods
of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term
stated or until terminated or extended as provided herein.
1.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal provided both
parties agree.
1.2. Review the following at the end of each twelve-month review period or renewal:
1.2.1. Vendor performance;
1.2.2. Price;
1.2.3. Continuing need;
1.2.4. Advancements in technologies and or service;
1.2.5. The City may terminate the Agreement with or without cause or may continue through the next twelve-
month review or renewal period.
2. PRICE:The contract price shall be firm for the duration of the agreement or extension periods except as provided for in
paragraph below. No separate line item charges shall be permitted for either bidding or invoice purposes,which shall include
equipment rental,demurrage,cost associated with obtaining permits or any other extraneous charges.
3. PRICE ADJUSTMENT:The City may permit"unit price"adjustments upward,only as a result of a cost increase in goods or
services in accordance with the Producers Price Index located at http://stats.bis.gov/pr)i/home.htm. Any price increase
shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The
vendor may offer price decreases in excess of the allowable percentage change.
4. INDEMNIFICATION:The successful Proposer shall indemnify, save harmless and exempt the City, its officers,agents,
servants,and employees from and against any and all suits,actions, legal proceedings,claims,demands, damages,costs,
expenses,attorney fees and any and all other costs or fees incident to any work done as a result of this quote and arising out
of a willful or negligent act or omission of the successful Proposer, its officers,agents,servants,and employees;provided,
however,that the successful Proposer shall not be liable for any suits,actions, legal proceedings,claims,demands, damages,
costs,expenses and attorney fees arising out of a willful or negligent act or omission of the City, it's officers,agents, servants
and employees,or third parties.
5. INSURANCE: The successful Proposer shall meet or exceed ALL insurance requirements set forth by the City of Round Rock
as identified in Attachment A to the specifications. Any additional insurance requirements of participating or cooperative
parties will be included as subsequent Attachments and shall require mandatory compliance.
6. VENUE:The agreement shall be governed by and construed in accordance with the laws of the State of Texas.Venue shall
be in the applicable court,Williamson County,Texas.
8. INDEPENDENT CONTRACTOR:
8.1. It is understood and agreed that the Contractor shall not be considered an employee of the City.
8.2. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health
Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect.
Page 4 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
PART III
SPECIFICATIONS
1. STATEMENT OF INTENT:
1.1. These specifications cover only the general requirements as to the performance and some design criteria,as well as
vendor responsibilities for Recodification Services—Print and On-Line Versions. The manufacturers shall be
responsible for designing and furnishing a system that meets all of the performance requirements and design criteria
herein,as well as provide software that is designed for the intended application.
2. SCOPE OF WORK
2.1. The City requests proposals for Recodification Services including Print and Online Versions. All proposals must
be made on the basis of and either meet or exceed the requirements contained herein. All Proposers shall review
new ordinances and ordinance amendments to the existing Code against the full Code manuscript.
2.2. Edit and insert all ordinances amendments and new ordinances into the proper places in the Code manuscript and
delete from the Code manuscript all provisions that have been repealed.
2.3. Review footnotes against the corresponding provisions of the general and specific Acts of the City of Round Rock
and prepare new or revised footnotes as applicable to the current laws of the City of Round Rock. The City shall be
notified of all changes being made.
2.4. Revise, as needed,the analysis at the front of each chapter,consisting of numerical listing of the catch lines of the
individual sections in the chapter. A new analysis shall be prepared as needed for each new chapter.
2.5. Revise, as needed,the Table of Contents for each title,consisting of numerical listing of each chapter.
2.6. Edit ordinances and ordinance amendments to assure properly styled catch lines,and properly and uniformly spelled,
capitalized and punctuated text, according to the style of the Code.
2.7. Ensure all appropriate historical references to each Code section are carried forward.
2.8. Prepare index revisions for each future supplement on a replacement page basis to assure the general index to the
Code is kept current at all times.
2.9. Accomplish all work on a replacement page basis in accordance with printing specifications.
2.10. Prepare a Comparative Section Table indicating the disposition of integrated ordinances and resolutions.
2.11. Proof all pages to be included in each supplement,accepting full responsibility for page replacement without cost to
the City at any time errors are noted after delivery. Such replacement pages shall be delivered as part of the next
supplement. Any specific questions concerning text placement,context,or format should be raised with the City
Attorney.
2.12. Provide a copy of the Code of Ordinances of the City of Round Rock on a Compact Disc,compatible with Microsoft
Word 2000 or newer. An updated compact disc may be requested by the City annually.
3. BIDDER QUALIFICATIONS:
3.1. The opening of a bid or proposal shall not be construed as the City's acceptance of such responder as qualified and
responsible. The City reserves the right to reject any and all submittals. All responders shall furnish the following
information at a minimum:
3.1.1. References: Provide the name,address,telephone number and point of contact of at least three firms that
have utilized the same or similar software. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
3.1.2. Identify any subcontractors to be used for this project. Experience,qualifications and references of the
subcontractors shall be submitted.The City reserves the right to approve or disapprove all subcontractors
prior to any work being performed.
PART IV
INVOICE AND PAYMENT
Page 5 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
1. INVOICING
1.1. Contractor shall submit one original and two copies of each invoice referencing the assigned Purchase Order
number to the following address:
City of Round Rock
Accounts Payable
221 East Main
Round Rock,TX 78664-5299
2. PROMPT PAYMENT POLICY
2.1. Payments will be made within thirty days after the City receives the supplies, materials,equipment, or the day on
which the performance of services was completed or the day,on which the City receives a correct invoice for the
service,whichever is later. The Contractor may charge a late fee(fee shall not be greater than that which is
permitted by Texas law)for payments not made in accordance with this prompt payment policy;however,this policy
does not apply to payments made by the City in the event:
2.1.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials,services
or equipment delivered or the services performed that causes the payment to be late;or
2.1.2. The terms of a federal contract,grant,regulation,or statute prevent the City from making a timely payment
with Federal Funds;or
2.1.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material,or equipment delivered or the services performed which caused
the payment to be late;or
2.1.4. The invoice is not mailed to the City in strict accordance with instructions, if any,on the purchase order or
contract or other such contractual agreement.
3. OVERCHARGES
3.1. Contractor hereby assigns to purchaser any and all claims for overcharges associated with this purchase which arise
under the antitrust laws of the United States, 15 USGA Section 1 et seg.,and which arise under the antitrust laws of
the State of Texas, Bus. and Com. Code, Section 15.01,et seg.
Page 6 of 6
DATE: November 29, 2007
SUBJECT: City Council Meeting - December 6, 2007
ITEM: 9A1. Consider a resolution authorizing the Mayor to execute an Agreement
for Recodification Services With Municipal Code Corporation.
Department: Legal
Staff Person: Steve Sheets, City Attorney
Justification:
To provide periodic codification of the Code of Ordinances, City of Round Rock
Funding:
Cost: $14,300.00
Source of funds: N/A
Outside Resources: N/A
Background Information:
The current Code of Ordinances was codified in 1995.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT FOR
RECODIFICATION SERVICES WITH
MUNICIPAL CODE CORPORATION
THIS AGREEMENT FOR RECODIFICATION SERVICES, made and entered into this
day of 1XC.M 60Y' 20 n, (hereinafter referred to as the "Agreement") by and
between the CITY OF ROUND ROCK, TEXAS, a Texas home-rule municipality with offices
located at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the
"City"), and MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing
under the laws of the State of Florida(hereinafter referred to as"MCC").
RECITALS:
WHEREAS, the City desires the services of a qualified contractor to provide an initial
recodification of the existing Code of Ordinances, 1995 Edition, of the City of Round Rock, and
to thereafter provide periodic codification, maintenance, publication, and update services for
ordinances and related activities; and
WHEREAS, MCC has shown in its Response to Request for Proposals 07-04 issued by
the City that can provide the services desired without changing the City's current processes,
adding software,resources, or people;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual; promises contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. DEFINITIONS
A. Agreement means the binding legal contract between City and MCC whereby
MCC is obligated to furnish specified goods, equipment and/or services, and City is obligated
to pay for said goods, equipment and/or services. The instant Agreement includes the following:
(a) City's Request for Proposals designated as RFP 07-040, Specification Number 07-961-12
dated August 2007; (b) MCC's Response to RFP; (c)the contract award; and (d) any exhibits,
addenda, and/or amendments thereto.
Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
(1) This Agreement;
(2) Purchaser's Response to RFP;
(3) City's Request for Proposals, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
00123311/ps
(Z., 06-JA I
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified services, supplies,materials, or equipment.
G. Subcontractor means any person or business enterprise providing goods,
equipment, labor, and/or services to MCC if such goods, equipment, labor, and/or services are
procured or used in fulfillment of MCC's obligations arising from an agreement with City.
H. MCC means Municipal Code Corporation or any of its successors or assigns.
2. EFFECTIVE DATE,DURATION,AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for an initial term of sixty (60) month from
the effective date. Prices shall be firm for the duration of the terms of this Agreement, except as
otherwise provided for herein. This Agreement may be renewed for two (2) additional periods
not to exceed twelve (12) months for each renewal, only upon the express written agreement of
both parties and only provided MCC has performed each and every contractual obligation
specified in this Agreement.
C. City reserves the right to review MCC's performance at any time during the initial
agreement period or any renewal periods, and may elect to terminate this Agreement with or
without cause or may elect to continue.
3. CONTRACT DOCUMENTS AND EXHIBITS
City selected MCC to supply the goods and services as outlined in the Response to RFP
submitted by MCC and, RFP 07-040, Specification Number 06-961-12 dated July 2007, all as
specified in Exhibits "A" and `B," respectively, attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the RFP and as offered by MCC in its Response to the RFP.
The goods and services which are the subject matter of this Agreement are described in
Exhibits "A" and`B" and, together with this Agreement, comprise the total Agreement and they
are as fully a part of this Agreement as if repeated herein in full.
2
4. ITEMS AWARDED
All bid items on Exhibit"B"are awarded to MCC.
5. PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to MCC
will be made within thirty(30)days of the day on which City receives the performance, supplies,
materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the
performance of services was complete, or within thirty (30) days of the day on which City
receives a correct invoice for the performance and/or deliverables or services, whichever is later.
MCC may charge a late fee of one percent (1%) for payments not made in accordance with this
Prompt Payment Policy; however, this Policy does not apply to payments made by City in the
event:
A. There is a bona fide dispute between City and MCC concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
6. GRATUITIES AND BRIBES
City may, by written notice to MCC, cancel this Agreement without liability if it is
determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by MCC or its agents or representatives to any City officer, employee or elected
representative with respect to the performance of this Agreement. In addition, MCC may be
subject to penalties stated in Title 8 of the Texas Penal Code.
7. TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in MCC's charges.
3
8. ORDERS PLACED WITH ALTERNATE VENDORS
If MCC cannot provide the goods and services as specified, City reserves the right and
option to obtain same from other suppliers or sources.
6. INSURANCE
MCC shall meet all requirements as stated in the attached Request for Proposal No. 07-
040 and its bid response.
5. CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Sara White
City Secretary
221 East Main Street
Round Rock, Texas 78664
512-218-5404
swhite@round-rock.tx.us
6. RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event, the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
7. DEFAULT
If MCC abandons or defaults under this Agreement and is a cause of City purchasing the
specified goods and services elsewhere, MCC agrees that it may be charged the difference in
cost, if any, and that it will not be considered in the re-advertisement of the service and that it
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
MCC shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
4
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
8. TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty(30) days' written notice to MCC.
B. In the event of any default by MCC, City has the right to terminate this
Agreement for cause,upon ten(10) days' written notice to MCC.
C. MCC has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing the City with one hundred twenty
(120)days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, MCC shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 16.01 shall not relieve MCC of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 16.01,
the following shall apply: Upon City's delivery of the referenced notice to MCC, MCC shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, MCC
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay MCC that portion of the
charges, if undisputed. The parties agree that MCC is not entitled to compensation for services it
would have performed under the remaining term of the Agreement except as provided herein.
9. INDEMNIFICATION
MCC shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of MCC,
or MCC's agents, employees or subcontractors, in the performance of MCC's obligations under
this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or MCC (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
10. COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
MCC, its agents, employees and subcontractors shall comply with all applicable federal
and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all
applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
5
11. ASSIGNMENT AND DELEGATION
The parties each bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor
transfer any interest in this Agreement without prior written authorization of the other party.
12. NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to MCC:
Diane J. Kyrus
Vice President, Codes
1700 Capital Circle, SW
Tallahassee,FL 32310
Notice to City:
David Kautz Stephan L. Sheets
Assistant City Manager City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and MCC.
13. APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
14. EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
MCC and City. This Agreement may only be amended or supplemented by mutual agreement of
the parties hereto in writing.
6
15. DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and MCC shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and MCC hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute.
16. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision,which is of the essence of this Agreement,be determined void.
17. MISCELLANEOUS PROVISIONS
Standard of Care. MCC represents that it employs trained, experienced and competent
persons to perform all of the services, responsibilities and duties specified herein and that such
services, responsibilities and duties shall be performed in a manner according to generally
accepted industry practices.
Time is of the Essence. MCC understands and agrees that time is of the essence and that
any failure of MCC to fulfill obligations for each portion of this Agreement within the agreed
timeframes will constitute a material breach of this Agreement. MCC shall be fully responsible
for its delays or for failures to use best efforts in accordance with the terms of this Agreement.
Where damage is caused to City due to MCC's failure to perform in these circumstances, City
may pursue any remedy available without waiver of any of City's additional legal rights or
remedies.
Force Majeure.Neither City nor MCC shall be deemed in violation of this Agreement if
it is prevented from performing any of its obligations hereunder by reasons for which it is not
7
responsible as defined herein. However,notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and MCC have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK,TEXAS MUNICIPAL CODE CORPORATION
a Florida corporation
By: By:
V#111 Title: "C
Printed Name: Printed Name:
Date Signed: t . G. Date Signed: I J- -7 - L9-7
ATTEST:
'FW - R wlm
Glwisfitte , City Secretary
�AYJA L. WWi46
aFO CITY,APPROVED AS TO FORM:
L&L a til
Stephan . Sheets, City Attorney
8
RESPONSE TO
REQUEST FOR PROPOSALS
FOR
RECODIFICATION SERVICES - PRINT AND ONLINE VERSION
FOR THE
CITY OF ROUND ROCK, TEXAS
YAe
ROUND ROCK,TEAS
Respectfully Submitted by:
Municipal Code Corporation
PO Box 2235 Tallahassee, FL 32,316
800-262-26 33 • Fax: 350_5?5-8352 • info@municode.com
Municode.com
CC
Due Date: July 31 , 2007
EIa EXHIBIT
tl tt
A
Table of Contents
Letterof Introduction........................................................................................... 3
ExecutiveSummary............................................................................................ 4
Part One--Qualifications of MCC
Key Personnel Assigned to Project..................................................................... 6
LawEditorial Staff............................................................................................... 8
SupportPersonnel .............................................................................................. 8
References ......................................................................................................... 9
List of MCC's Texas Clients...............................................................................10
Part Two--Scope of Services
Supplement Service for Existing Code Manuscript
Material..............................................................................................................11
Schedule............................................................................................................11
PrintedSupplements..........................................................................................11
ElectronicUpdates.............................................................................................11
New Ordinances on the Web (N.O.W.)...............................................................11
EditorialWork.....................................................................................................11
Delivery..............................................................................................................11
Republication of Code
MaterialIncluded................................................................................................12
OmittedMaterial.................................................................................................12
Electronic Acknowledgement of Materials..........................................................12
MonthlyStatus Reports......................................................................................12
EditorialWork.....................................................................................................12
Proofs ................................................................................................................13
Printing...............................................................................................................13
Delivery..............................................................................................................13
MCC as Total Code Administrator......................................................................14
Additional Options for Republication ..................................................................14
ElectronicMedia ................................................................................................15
Supplement Service for Republished Code
Material..............................................................................................................16
Schedule............................................................................................................16
PrintedSupplements..........................................................................................16
ElectronicUpdates.............................................................................................16
New Ordinances on the Web (N.O.W.)...............................................................16
EditorialWork.....................................................................................................16
Delivery..............................................................................................................16
Supplement Service Quotation Sheet for Existing Code Manuscript ..................17
Republication Quotation Sheet...........................................................................18
Supplement Service Quotation Sheet for Republished Code .............................19
SignaturePage..................................................................................................20
Code on Computer Flyer................................ 21
....................................................
Response to Request from Municipal Code Corporation Page 2
Munflcl'pal Code Corporation
M PO Box 2235 Tallahassee, FL 323,16
C 800-2,,_i2-2633 * Fax: 850-575-8852 a i nfo(c7Drm_in i code.com
Municodecom
July 30, 2007
Mr. Randy Barker
Purchasing Supervisor
City of Round Rock
221 East Main
Round Rock, Texas 78664-5299
Letter of Introduction
Dear Mr. Barker:
Thank you for the Request for Proposal (RFP) for Recodification services— Print and Online Version for the
City's Code of Ordinances. We have reviewed the RFP as submitted, and are pleased to submit the
following information for your review.
Municipal Code Corporation (MCC) can provide the services desired without changing our current
processes, adding software, resources or people. MCC is the oldest publisher of Codes and Ordinances in
print and on the web. We are in the best position as a medium sized firm to provide codification services.
Although we have more than 50 years of publication experience, we have continued to improve our skills
and use of technology to meet the new demands of our clients and potential clients.
MCC is willing and able to perform the commitments that have been outlined in the RFP. Asyou will see
throughout our response, we can provide many services. Our Code business and our other Divisions for
Document Management, Automated Agendas and Statement/Invoice processing are all focused on local
government clients. Having this focus allows us to keep updated with the ever changing needs of local
governments.
We have also included our Corporate Brochure and our complete client list for your review. We would be
happy to schedule a presentation, if desired.
We appreciate your time to review our response; please do not hesitate to contact our President/CEO, A.
Lawton Langford, or myself, if you have any questions.
f 47Si '`'rely,
///
Dale Barstow
Vice President
E-mail: info municode.com
Enc.
Response to Request from Municipal Code Corporation Page 3
M
Executive Summary
Municipal Code Corporation will provide the City of Round Rock (hereinafter referred to as the City) and
your outside subscribers the highest level of service. Our corporate goal is to focus on the details of each
need, thereby earning the City's business. MCC works as a team and many of our team members have
been with MCC for more than 10 years. They are creative, know how to communicate, ask questions and
leverage their experience to solve problems.
Sales Approach
Our focus on service begins with the Sales approach. The Sales Support Staff handles more than 3500
accounts. Our response time to inquiries is normally a couple minutes via e-mail (constantly monitored) or
within the half-hour for phone correspondence. Notes from customers frequently remind us how rare it is in
today's business to respond quickly; however, we make it a priority. Our size also allows us to provide
extra editorial and technological resources an otherwise smaller firm doesn't have. As we have shown,
MCC will gladly meet with the City to provide additional information, as needed.
Editorial Approach
MCC uses a team approach. This provides for consistency in editing, understanding and quality work for
the City. As the City and the editor communicate, the needs of the City are shared with the editorial team
and the work becomes second nature for our staff. Additionally, the same indexer (although in a separate
department) will work on the City's Codes and supplements to provide consistency. Even our Legal
Department is team oriented, with attorneys working closely with editors. This assures a superior level of
quality and satisfaction by our clients.
Software Solutions
MCC focuses on technology that benefits our customers. We have a new CIO who has provided energy
and brought current technologies to our 50-year-old company. We have created products that are not only
affordable but that meet the ever changing needs of our customers. MCC offers all format/database
options (Word, WordPerfect, HTML, ASCII, RTF, PDF, XML), and our choice of mediums on which the
product can be delivered includes floppy disks, CDs, downloading from our website and e-mail. This
variety of products/mediums is also provided to subscribers.
We have a Technical Support Department with a variety of skilled personnel. They utilize Support Request
software that tracks and logs all requests to our staff. Requests are assigned and logged to a specific
person and closed out once completed. MCC can provide reports of Departmental or citizen requests on
each Code. Additional information will be provided in our Software Options portion of the response.
MCC handles all electronic services in-house. We have our own connection to the Internet, perform our
own programming and posting with the ProPublish software so we can meet the City's immediate needs.
This immediate response capability distinguishes MCC from some of the other firms in our industry that
outsource the hosting of their site and site customization.
Financial Focus
MCC is a privately owned Corporation. We are financially sound, having been in business for more than
55 years. MCC's President and Board of Directors are focused on improving MCC though investments in
people, technology and facilities. MCC recently has refurbished many offices and added a Health and
Fitness Gym with showers and a walking trail to provide additional benefits to our employees. MCC also
provides employees a Quarterly Production Reward system based on the profits of the company. Through
this incentive, our employees feel like MCC is partly their own company.
Response to Request from Municipal Code Corporation Page 4
Subscriber Focus
Municipal Code Corporation has provided subscriber services for more than 20 years. Approximately
30,000 people subscribe to one (or more) of our publications, and we have created a department dedicated
to serving those subscribers. Our Subscriber Distribution Team provides a complete range of services
from ordering a Code or Supplement to providing missing pages, answering questions, invoicing and
insertion instructions. Ordering may be accomplished using a credit card through our website, via e-mail,
over the phone, fax or regular mail. We have a special e-mail address dedicated to our Distribution
Department that is manned all day. We typically provide same-day communication to our subscribers, and
within an hour when the query comes as an e-mail.
Our Distribution Department has its own software to allow for many different types of reports. MCC can
provide lists of the current and past subscribers. We can provide the number of purchases by Department
vs. citizens. We can also provide the information on requests for missing pages, supplements or questions
on a monthly, quarterly or annual basis. This software also provides for our billing and subscription
maintenance.
We believe subscribers are an extension of the City. Our goal is to make our local government client look
good in the eyes of their citizens. We constantly field questions from subscribers and try to help them get
to the information they are trying to find. This applies to both the print and Internet version of the Code.
We have cross-trained our Distribution Department Staff as to content, editorial issues and CD-ROM and
Internet assistance. Our Distribution staff has access to all of the print and electronic media so they can
solve a problem on their own without assistance from another department. They do, however, forward
complicated technical support to our Technical Support Staff.
Overall Comments
MCC is keenly interested in continuing our relationship with the City and assisting the City with its
publication needs and we feel our focus, company and personnel perfectly match the City's needs. We
appreciate your interest and look forward to your review of the rest of our information.
Response to Request from Municipal Code Corporation Page 5
PART ONE - QUALIFICATIONS OF MCC
For the last 56 years, Municipal Code Corporation has engaged exclusively in editing and
publishing Code for municipalities and counties of all sizes throughout the United States. MCC has
published and supplemented more Codes that are in current use than any other codifier in the Country.
This experience enables us to offer you the finest services available.
Business location: 1700 Capital Circle, SW, Tallahassee, FL 32310
800-262-2633 or 850-576-3171
Fax: 850-575-8852
Incorporation Date: March 1951
Current Code Accounts Serviced: 3,000
Project Contact Persons: Danielle Galvin, Vice President— Marketing
Diane J. Kyrus, Vice President—Codes
KEY PERSONNEL ASSIGNED TO PROJECT
(1) Project Coordinator:
Danielle Galvin, Vice President
B.S., Marketing, University of Central Florida; M.B.A., Administration, Northern Illinois
University; Tallahassee Community College Extended Studies: HTML, C++, Effective Oral
Communications, Managing Technology.
12 years' of Project Management/Customer Service Experience; available at all times via
blackberry technology.
(2) Supplementation Production:
John Dombroski, Vice President— Supplements
B.A., Trinity College; J.D., Cornell Law School; LL.M., George Washington University;
Member of Connecticut Bar
Supervisor of electronic teams. MCC has deployed a team concept. This type of
organization structure allows for complete communication, reduces the turn-around time for
publication, and assures greater accuracy. Since each team is comprised of two editors,
two typesetters and two proofreaders, it allows for what we call "bench depth" — there is
always a backup person.
Starlett Lovel
32 years' of experience in typesetting, editing and composition of Codes and
Supplements.
(3) Indexing:
Response to Request from Municipal Code Corporation Page 6
Dan Pyle, Indexing Supervisor
A.A., Tallahassee Community College; Member of American Society of Indexers.
24 years' experience in indexing Codes. Will provide oversight and technical assistance for
initial editorial preparation of the Index and updating the Index through the Supplement
Service.
(5) Information Technology:
Phillip Claiborne, Chief Information Officer
B.S., Management Information Systems, Florida State University; MBA, University of
Florida; A+, Net+, Security+, MCSE
8 years experience in network administration, 4 years experience in software development
and project management.
Christopher J. Poarch, Network Administrator
B.S., Information Studies, Florida State University; MCSE, MCSA, MCP
4 years experience in network administration.
Matt Farley, Desktop Support Technician
AA, Tallahassee Community College
1 year experience desktop and network technical support.
Elliot Haworth, Web Developer
B.A., Computer Science, Mercer University
4 years' experience desktop application programming and developing web based
applications
Raymond Lillibridge, Systems Analyst
Lively Vocations-Technical Center
24 year's experience: System administration, systems analysis, and custom software
development using multiple operating systems and programming languages
Lanae Chasteen, Systems Analyst
9 years' experience publishing, 5 years' developing custom Windows based applications
Response to Request from Municipal Code Corporation Page 7
LAW EDITORIAL STAFF
George R. Langford, LL.B., University of Virginia; 54 years' experience in editing and publishing city and
county Codes; Chairman of the Board.
A. Lawton Langford, B.A., Vanderbilt University; M.B.A., J.D., Florida State University; Member of Florida
Bar; President/CEO.
Harold E. Grant, B.S., U. S. Naval Academy; J.D., Florida State University; former Judge Advocate
General, U.S. Navy; Member of Florida Bar; Executive Vice President and Chief Operating Officer.
John E. Dombroski, B.A., Trinity College; J.D., Cornell Law School; LL.M., George Washington University;
former Chief Judge of Navy/Marine Corps Court of Criminal Appeals; Member of Connecticut Bar;
Vice President of Supplement Department.
Diane J. Kyrus, B.A., Old Dominion University; J.D., William and Mary School of Law; Vice President of
Code Department.
Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; more than 30 years'
experience in local government law; Member of Florida Bar.
William J. Carroll Jr., B.S., Penn State University; J.D., Florida State University; more than 30 years'
experience in local government law; Member of Florida Bar.
Roger D. Merriam, B.A., Mercer University; J.D., Emory University; more than 30 years' experience in local
government law; Member of Florida Bar.
Daniel F. Walker, B.S., Florida Southern College; J.D., Georgia State University; 8 year's private practice; 7
years' experience in local government law; Member of Florida and South Carolina Bars. Admitted
to practice before the U.S. Court of International Trade and the U.S. Court of Appeals for the Armed
Forces.
James C. Jenkins, II, B.A., Eckerd College; J.D., University of Maryland School of Law; Former Appellate
Attorney and Trial Prosecutor for the Kings City District Attorney's Office, Brooklyn, NY; 10 years'
experience in legal research preparation in case law; 2 years' experience in local government law.
David D. Beach, B.S., Indiana University South Bend; J.D., Valparaiso University School of Law; M.L.S.,
Indiana University Purdue University Indianapolis; five years topical & legal research experience; 1
year experience in local government law.
Sandra S. Fox, B.A, Florida State University; J.D., Florida State University; 9 years' experience in legal
research and writing.
SUPPORT PERSONNEL
The entire staff, including the printing operation, consists of approximately 140 employees,
including 12 attorneys, 29 editors, and 46,000 square feet of floor space.
MCC's Electronic Publishing Division maintains full-time proofreaders and typesetters, in addition to
sufficient clerical help to respond quickly and accurately to virtually any request from a client.
All facilities, including a printing plant, which prints Codes and Supplements to meet the contractual
requirements of MCC, are located on our premises. This enables us to control each project from beginning
to end with no part being subcontracted. Key personnel are available to answer questions during any
phase of the project and to assure quality control in all aspects of publication. MCC will not use
subcontractors for this project.
Response to Request from Municipal Code Corporation Page 8
REFERENCES
Ms. Shelley Goodwin
City of San Marcos
Interim City Clerk
630 East Hopkins Street
San Marcos, TX 78666
(512) 393-8090
Goodwin Shelley@ci.san-marcos.tx.us
Ms. Leticia Vacek
City of San Antonio
City Clerk
100 Military Plaza 2nd Floor
San Antonio, TX 78205 3966
(210) 207-7253
Leticia.Vacek@sanantonio.gov
Ms. Deloris McKenzie
City of Friendswood
City Secretary
910 S. Friendswood Dr.
Friendswood, TX 77546 4856
(281) 996-3270
dmckenzie@ci.friendswood.tx.us
Response to Request from Municipal Code Corporation Page 9
LIST OF MCC'S TEXAS CLIENTS
'Municipalities utilizing our Supplement Service for Codes originally prepared by another publisher.
TEXAS CLIENTS
Abilene Columbus Grand Prairie Liberty Palmhurst Sonora
Addison Commerce Granite Shoals Little Elm Paris South Houston
Alamo Heights Conroe Grapevine Live Oak Pasadena Southlake
Aledo *Coppell Groves Livingston Pearland *Spring Valley
Alice Copperas Cove Haltom City Llano Pearsall Stafford
Allen Corpus Christi Hamilton Lockhart Pharr Stamford
Alpine Corsicana Hedwig Village Lorena Pinehurst Sugar Land
Alvin Crosbyton Helotes Luling Piney Point Village Sulphur Springs
Amarillo Crowley Henrietta Lumberton Plano Surfside Beach
Andrews Crystal City Hewitt Magnolia Ponder Sweetwater
Angleton Daingerfield Hidalgo Manvel Port Aransas Taft
Angus Dallas Co. Highland Park Marble Falls Port Arthur Taylor
Aransas Pass Decatur Hunters Creek Marlin Port Isabel Taylor Lake
Athens Deer Park Village Marshall Port Neches Village
Balch Springs Del Rio Huntsville McAllen Portland Terrell
Bayou Vista Denison Highland Village McKinney Princeton Texarkana
Baytown Denton Hill Country Village McLendon-Chisolm Rancho Viejo Texas City
Beaumont Devine *Hilshire Village *Melissa Refugio The Colony
Bedford Diboll Hollywood Park Mesquite Richardson Tomball
Bellaire Dickinson Houston Midland Richland Hills Trinity
Bellmead Dublin Humble Midlothian Richwood Universal City
Boerne Dumas Hurst Mineola Roanoke Vernon
*Bowie Duncanville Ingleside Mineral Wells Robinson Victoria
Breckenridge Eagle Pass Irving Mission Rockport Vidor
Brenham Early Jacinto City Missouri City Rockwall Waco
Bridge City Eastland Jacksonville Monahans Roma Waxahachie
*Brookside Village EI Lago Jasper Montgomery Rosenberg Weatherford
Brownsville Ennis Jefferson Morgan's Point Rowlett Webster
Brownwood Euless Jersey Village Mount Vernon Rusk Weslaco
Bryan Everman *Justin Murphy Sachse Westlake
Bunker Hill Village Fairfield Kaufman Nacogdoches Saginaw West Lake Hills
Burleson Farmers Branch Keller Nassau Bay San Antonio West University
Burnet Fate Kemah Navasota San Marcos Place
Carrizo Springs Flower Mound Kennedale Nederland *Santa Fe Wharton
Carrollton Forest Hill *Kerrville Needville Schertz White Oak
Carthage Fort Stockton Kilgore New Boston Schulenburg White Settlement
Castroville Fort Worth Kyle New Braunfels Seabrook Wichita Falls
Cedar Hill Fredericksburg La Grange New London Seagoville Winona
Center Friendswood La Marque North Richland Hills Sealy Woodville
Cibolo Frisco La Porte *Oak Point Seguin Woodway
Cisco Gainesville Lake Dallas Oak Ridge North Selma Wylie
Clear Lake Shores *Galveston Lake Jackson Odessa Shavano Park Yoakum
Cleveland Gilmer Lampasas *Orange Shenandoah
Clifton *Georgetown Laredo *Ovilla Shepherd 7/07
Clute Goliad League City Oyster Creek Shoreacres
Colleyville Graham Lewisville Palestine Snyder
Response to Request from Municipal Code Corporation Page 10
MUNNNUMW
PART TWO - SCOPE OF SERvICES
SUPPLEMENT SERVICE FOR EXISTING CODE MANUSCRIPT
Material. MCC will update the Code manuscript as legislation is passed. The City will forward a copy of
the legislation passed by the City upon adoption. MCC will provide updates on a schedule to meet the
needs of the City. The City can provide the ordinances via e-mail to ords@municode.com, via fax to 850-
575-8852 or in printed form. MCC can provide printed supplements between 5-15 days, depending upon
the amount of legislation.
Schedule. After shipment of the Code, MCC shall keep the Code up-to-date by the publication of
Supplements that will contain newly enacted ordinances of a general and permanent nature. Supplements
can be published on a schedule to meet the requirements of the City.
Printed Supplements. Amendments to the printed Code occur in the form of Printed Supplements pages
that are issued as replacement pages. Printed Supplements include updated Table of Contents, Code
Comparative Table, index and text pages. A Supplement for each printed Code is included in the base per
page rate.
Electronic Updates. If the City has chosen to receive the Code in electronic media, MCC can provide the
Supplements electronically on a schedule to meet the City's needs, e.g., biweekly, monthly or bimonthly.
The City may choose to have printed Supplements published less frequently. The electronic media will
reflect the entire Code as updated through the most recent Supplement.
New Ordinances on the Web (N.O.W.). MCC can post the ordinances passed in between Printed
Supplements or Electronic Updates on our website. The ordinances are posted as part of the Preliminaries
and also show in the electronic Table of Contents. Once the posted ordinances are incorporated into the
Code, they are removed from the website. We recommend the City send legislation in an editable format
via email for inclusion in the Code. This allows the legislation to be searchable on the Internet site along
with the Code.
To view this service, go to the Gainesville, Texas Code of Ordinances — See "Ordinances Enacted/Not Yet
Codified" located at the bottom of the Table of Contents.
Editorial Work. MCC's editorial team, consisting of a legal editor, proofreader and indexer, will review the
legislation against the Code and create the appropriate supplemental pages for the Code. MCC will update
all aspects of the Code relating to the legislation to include the Table of Contents, catchlines, tables and
index. MCC will also create an instruction sheet to advise the Code holders how to insert and remove
pages. MCC will also create a Checklist of Up-to-Date pages with the first supplement. This advises the
user of the pages and what supplement they originated from. MCC will include appropriate editorial notes
to sections that require additional explanation. A separate supplement can be created for the pamphlet to
the Code. We provide you the benefit of assigning the same team to your supplements each update. This
provided consistency and knowledge of the City's specific needs. Most of our legal editors have over 9
years of experience and hold Bachelors Degrees. The editor assigned to your account will have at least 6
years worth of editing experience.
Delivery. Printed Supplements to the Code and pamphlets, if ordered, will be delivered in bulk to the city,
unless the City chooses to utilize MCC's Distribution Services. The website will be updated upon shipment
of the printed Supplement or as Electronic Updates are delivered.
Response to Request from Municipal Code Corporation Page 11
REPUBLICATION OF CODE
Material Included. All legislation of a general and permanent nature, passed in final form by the City will
be included in the new Code. MCC prefers the material in an editable electronic form, and will rely upon
the electronic media during the project when furnished electronically, unless otherwise instructed.
However, materials are not required to be furnished in electronic form and can be provided via fax or
printed copy. All material received by MCC will be acknowledged via e-mail or the postal service.
Omitted Material. The following legislation, which is not of a general and permanent nature, will be
omitted from the Code unless otherwise instructed by MCC and the City: Appropriations; Franchises;
Bonds; Vacating Streets and Other Public Properties; Sales of Surplus Assets and Properties; Tax Levies;
Special Elections; Contracts and Agreements; Rezoning; Personnel Regulations; Annexations and
Disannexations; Tax Anticipated Notes and Issuances of Similar Debt Instruments; Appointments of
Named Individuals to Positions within a Governmental Body; Comprehensive Master Plans and Traffic
Schedules.
Electronic Acknowledgement of Materials. MCC, as part of our process, acknowledges the materials
sent by the City in electronic form. You can see the material you have just submitted and we also provide
a link to a listing of all material submitted for the project over time. We feel this allows the City to have
immediate access to the last ordinance and disposition of ordinances submitted.
Monthly Status Reports. MCC will provide monthly updates to the City as to the status of your job.
Simply provide an e-mail list or fax list and we will send a detailed statement of the project status. We feel
this helps keep all parties involved with the project on the same page.
Editorial Work
• Preparation of Manuscript. MCC will utilize the existing Code and prepare a manuscript for the
project.
• Insertion of Ordinances. MCC will edit and insert all ordinance amendments and new ordinances
in to the proper places in the Code manuscript and delete from the Code manuscript all provisions
that have been repealed.
• Page format. MCC can maintain the current format or provide other options for page layout. MCC
provides a consistent indentation and numbering system for the Code. This provides the user
additional ways to scan and use the text.
• Review Footnotes. MCC will review footnotes against the corresponding provisions of the general
and specific Acts of the City and prepare new footnotes as approved by the City.
• Table of contents. This table will list the chapters, articles and divisions of the Code, giving the
page number upon which each begins.
• Chapter analysis. Each chapter of the new Code will be preceded by a detailed analysis listing the
articles, divisions, and sections contained therein.
• Catchlines. Each section will be preceded by a catchline describing the content of the section.
• Proper phraseology. Concise, modern and proper phraseology, without conflicts, ambiguities and
repetitious provisions.
• History notes. Where possible, history notes from the existing Code will be maintained in the new
Code. MCC will also add a note for each section added during the project. The note will indicate
the source from which the section is derived.
Response to Request from Municipal Code Corporation Page 12
• Comparative table. This table lists all ordinances included in the Code and indicates the section in
the previous Code from which it was derived; new ordinances are listed in chronological and/or
numerical sequence, setting out the location of such ordinances in the Code.
• State law reference table, if desired. This table lists by state law citation all sections carrying a
reference and their location within the volume.
• Type size. Various type sizes and fonts are available for text. MCC provides many different font
sizes. We recommend a ten-point size to reduce the size of the volume. The ten-point size is
legible and also provides for minimizing the volume size. We also offer eleven and twelve-point
size
• Index and Tables. MCC will update the index and all tables (Contents, State Law Reference, Prior
Code Comparison, Ordinance Disposition, etc.) for the Code as necessitated by the materials.
Additional tables required by the City can be created.
• Graphics. MCC will add the graphics when provided by the City in a usable format and insert them
into the printed and electronic versions of the Code.
Proofs
Proofs. After editing and proofreading, proofs incorporating the editorial work will be delivered to the City.
The proofs are an updated manuscript indicating agreed upon changes as decided by the City and
subsequent legislation. MCC guarantees typographical correctness. Any errors attributable to MCC will be
corrected at no charge during the term of this Agreement. MCC's liability for all services shall extend only
to correcting the errors in the Code and subsequent updates, not to any acts or occurrences as a result of
such errors, and only as long as the contract is in effect.
Printing
MCC will provide the City with one complete Code and a PDF of the entire Code for distribution or printing.
MCC will then begin supplementation of the Code as outlined in the RFP and the following section.
Delivery
The following is a tentative time schedule in the preparation of the Code:
a) Submission of proofs to City 2-3 months
after completion of editorial conference.
b) Delivery of completed Code to City 1-2 months
after return of proofs.
The above time schedule provides for completion of the Code within three (3) to five (5) months, excluding
time required for review of the proofs and any delays occasioned by the City.
Response to Request from Municipal Code Corporation Page 13
MCC as Total Code Administrator. MCC will maintain an inventory ut Codes and Supplements for sale
to the public, over and above the number specified in this agreement for City use. MCC will be responsible
for having available up-to-date copies of the Code for purchase by current and future subscribers. MCC
will be responsible for marketing the Code to existing or potential subscribers.
All handling expenses and risk of future sales of the Code will be incurred by MCC. MCC will set the sale
price for the Code and future Supplements, as approved by the City.
Should the City need additional copies of the Code, MCC will provide the desired number of copies at a
discounted price.
ADDITIONAL OPTIONS FOR REPUBLICATION
Legal and Editorial Work. MCC can provide a legal review. We can assign a team, consisting of a lead
attorney, editor, proofreader and indexer, to the project. All recommendations by this legal team are
intended for use by the City's attorney and should not be considered legal advice. This legal team is
responsible for the following:
• Research and Review. MCC will research all legislation submitted by the City against the State
Constitution, State Law, the Charter (if the City has adopted one), as well as inconsistencies and
conflicts within the legislation itself. Zoning and Land Use provisions will be reviewed only if
included in the Code. Ordinances enacted, or added, subsequent to the date of this agreement, or
items not contemplated within the scope of service, may be added at the additional page rate.
• Structure. MCC will suggest a structure and organization for the Code and provide a Table of
Contents indicating said structure. MCC will assume the legislative structure is to remain intact
unless discussed with our attorney and approved by the City.
• Legal Manuscript. MCC will submit a legal manuscript for the City's review. This manuscript will
reflect the MCC attorney's legal review and will contain the substantive provisions of legislation
provided by the City and with proposed changes. Recommendations by MCC's attorney will be
provided and discussed with the City. The legal manuscript will be provided in electronic form; a
printed copy can be provided upon request.
• Conference. MCC will conduct a conference, either in person, via telephone or webinar, to review
the legal manuscript. All persons interested in the project may be included; but the City's attorney
and Clerk are essential. Issues discovered during the legal research will be discussed at the
conference, with agreed upon solutions noted in the legal manuscript. The City's attorney has the
final decision making authority for resolution of issues brought up at the Conference or "footnoted"
in the Legal Manuscript.
• References. MCC will provide State Law references within the Code. Additional references, such
as editors notes, reserved sections, and referenced materials, will be provided as appropriate.
• Editing. MCC will edit the Code to reflect proper grammar and stylistic consistency. MCC will not
reword any provision that affects the substantive intent of the Code, unless the City approves the
revision; however, MCC may make non-substantive revisions to improve readability.
• Proofreading. MCC will proofread the Code prior to submitting proofs. The text will be reviewed for
sense, structure and to ensure the implementation of the decisions by the City and MCC's attorney
are correct.
Response to Request from Municipal Code Corporation Page 14
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• Format Options. MCC will review format options, such as font type (e.g. Arial, New Century School
Book, Times New Roman) font size (9, 10, 11, 12 point) page layout (single or double column),
graphics appearance and placement, with the City. We will help you choose a format that results in
a professional document that is easily researched. Sample page formats will be provided for review
and selection.
• Index and Tables. MCC will create a subject matter index and all tables (Contents, State Law
Reference, Prior Code Comparison, Ordinance Disposition, etc.) for the Code as necessitated by
the materials. Additional tables required by the City can be created.
• Graphics. MCC will add the graphics when provided by the City in a usable format and insert them
into the printed and electronic versions of the Code.
• Adopting Ordinance. MCC will provide an Adopting Ordinance upon completion of the project, if the
legal review is chosen.
ELECTRONIC MEDIA
MCC can provide several options (to the City and outside subscribers) for the electronic versions of the
Codes.
First, the Codes can be provided individually or as a complete set in electronic form. MCC provides all the
major word processing programs, such as WORD or WordPerfect (latest versions), as well as generic text
such ASCII, HTML or XML. We also provide a PDF option. The files can be write protected at the
operating system level as well as the word processing level so that changes to the master version cannot
occur. This protection, however, would not prevent a user from copying the data into a program in which
changes could be made. The electronic information can be sent via diskette, CD or downloaded from the
I nternet.
MCC can also integrate the Code with a text retrieval software. Folio and ISYS are our supported search
engines and single or multiple licenses are available. These programs provide a complex array of security
levels, which the City can select as desired. Normally, the search engine is configured such that no one
can access the parent database except for searching. Of course, search results can be exported to word
processing software where modifications can occur.
MCC can also post the entire Code and/or pending legislation onto the Internet. Our web site is
http://www.municode.com. We encourage the City to establish a link to the Code from its homepage.
MCC recently implemented our new software, ProPublish. MCC is currently providing 4 T-1 s, 30 servers
(for duplication and backup) and handles over 4,500 individual users and over 20,000 page views each
day.
Excluding time required to update content, our site was up 99.9 % of the time in the first quarter of the year
2005, on a 24-hour basis. MCC survived five hurricanes in 2004, and fully tested our Emergency
Management Plan, copies available upon request. Our servers are located in a fireproof room, climate
controlled with limited security access and an independent source of power. We doubt anyone can match
our plan.
We also feel we have the most comprehensive backup system in the industry. We back up all changed data
nightly; all files weekly and monthly move a complete backup to an offsite, climate-controlled storage facility.
We have tested our entire data system for restoration.
Response to Request from Municipal Code Corporation Page 15
SUPPLEMENT SERVICE FOR REPUBLISHED CODE
MCC would like to add the following information in regards to supplementation services.
Material. MCC will continue to update the Code as legislation is passed. The City will forward a copy of
the legislation passed by the City upon adoption. MCC will provide updates on a schedule to meet the
needs of the City. The City can provide the ordinances via e-mail to ords@municode.com, via fax to 850-
575-8852 or in printed form. MCC can provide electronic and/or printed supplements between 5-15 days,
depending upon the amount of legislation.
Schedule. After shipment of the Code, MCC shall keep the Code up-to-date by the publication of
Supplements that will contain newly enacted ordinances of a general and permanent nature. Supplements
can be published on a schedule to meet the requirements of the City.
Printed Supplements. Amendments to the printed Code occur in the form of Printed Supplements pages
that are issued as replacement pages. Printed Supplements include updated Table of Contents, Code
Comparative Table, index and text pages. A Supplement for each printed Code is included in the base per
page rate.
Electronic Updates. If the City has chosen to receive the Code in electronic media, MCC can provide the
Supplements electronically on a schedule to meet the City's needs, e.g., biweekly, monthly or bimonthly.
The City may choose to have printed Supplements published less frequently. The electronic media will
reflect the entire Code as updated through the most recent Supplement.
New Ordinances on the Web (N.O.W.). MCC can post the ordinances passed in between Printed
Supplements or Electronic Updates on our website. The ordinances are posted as part of the Preliminaries
and also show in the electronic Table of Contents. Once the posted ordinances are incorporated into the
Code, they are removed from the website. We recommend the City send legislation in an editable format
via email for inclusion in the Code. This allows the legislation to be searchable on the Internet site along
with the Code.
To view this service, go to the Gainesville, Texas Code of Ordinances — See "Ordinances Enacted/Not Yet
Codified" located at the bottom of the Table of Contents.
Editorial Work. MCC's editorial team, consisting of a legal editor, proofreader and indexer, will review the
legislation against the Code and create the appropriate supplemental pages for the Code. MCC will update
all aspects of the Code relating to the legislation to include the Table of Contents, catchlines, tables and
index. MCC will also create an instruction sheet to advise the Code holders how to insert and remove
pages. MCC will also create a Checklist of Up-to-Date pages with the first supplement. This advises the
user of the pages and what supplement they originated from. MCC will include appropriate editorial notes
to sections that require additional explanation. A separate supplement can be created for the pamphlet to
the Code. We provide you the benefit of assigning the same team to your supplements each update. This
provided consistency and knowledge of the City's specific needs. Most of our legal editors have over 9
years of experience and hold Bachelors Degrees. The editor assigned to your account will have at least 6
years worth of editing experience.
Delivery. Printed Supplements to the Code and pamphlets, if ordered, will be delivered in bulk to the city,
unless the City chooses to utilize MCC's Distribution Services. The website will be updated upon shipment
of the printed Supplement or as Electronic Updates are delivered.
Response to Request from Municipal Code Corporation Page 16
SUPPLEMENT SERVICE QUOTATION SHEET FOR
CITY OF ROUND ROCK, TEXAS
Supplement Service Base Page Rate for Existing Code Manuscript
Page Format Base Page Rate
Single Column $17 per page
Base page rate above includes
• Acknowledgement of Material
• Data conversion, as necessary
• Editorial Work
• Proofreading
• Updating Index
• Updating Electronic versions2, (e.g. CDs and Internet)
• Printing 1 Supplements
• PDF of Supplement and/or complete Code
Please Circle Preferred Supplementation Schedule Below:
Electronic Bi- On
Updates Annual Semi-annual Quarterly Monthly Request
Printed Annual Semi-annual Quarterly Bi- On
Supplements Monthly Request
New Ords Upon submission On Request
On the Web
Additional Services that apply to Supplement Service
• Graphics, per graphic $10
• Color Graphics (includes printing), each $25
• Freight Actual freight
• New Ordinances on the Web (NOW), no editing, 3-5 day turnaround,
per ordinance $25
Payment for Supplement and Additional Services
Invoices will be submitted upon shipment of project(s).
sWe do not charge a per page rate for updating CDs or the Internet—this is included in the supplement per page rate.
Schedule can be changed at any time during the contract. Information on Weekly, Bi-weekly and Monthly Supplement
schedules are available upon request.
Response to Request from Municipal Code Corporation Page 17
HNNNNOW
REPUBLICATION QUOTATION SHEET FOR
CITY OF ROUND ROCK, TEXAS
Base Cost, includes $7,000
• Receipt, review and organization of materials
• Editorial Work
• 1 Copies, to include binders and tabs
• PDF of entire Code
• Editing
• Proofreading
• Proofs of Code Manuscript
• Updating Index and Tables
• Graphics
• Code on the Internet for one year'
• Freight
• Distribution of Codes and Supplements
• Code formatted in RTF
Payments for Republication Services
• Execution of Agreement $2,800
• Submission of Proofs 1,750
• Delivery Balance 's
OPTIONAL SERVICES - - t 1,144
• Electronic Media Options See attached information
• Legal review to include legal manuscript $4,000
• Implementation of Legal findings to include proofs $2,000
• Conference, onsite $1,500
• Teleconference, per session $500
4 Subsequent years$400 a year.
Response to Request from Municipal Code Corporation Page 18
SUPPLEMENT SERVICE QUOTATION SHEET FOR
CITY OF ROUND ROCK, TEXAS
Supplement Service Base Page Rate for Republished Code
Page Format Base Page Rate
Single Column $17 per page
Base page rate above includes
• Acknowledgement of Material
• Data conversion, as necessary
• Editorial Work
• Proofreading
• Updating Index
• Updating Electronic versions5, (e.g. CDs and Internet)
• Printing 1 Supplements
• PDF of Supplement and/or complete Code
Please Circle Preferred Supplementation Schedules Below:
Electronic Bi- On
Updates Annual Semi-annual Quarterly Monthly Request
Printed Annual Semi-annual Quarterly Bi- On
Supplements Monthly Request
New Ords Upon submission On Request
On the Web
Additional Services that apply to Supplement Service
• Graphics, per graphic $10
• Color Graphics (includes printing), each $25
• Freight Actual freight
• New Ordinances on the Web (NOW), no editing, 3-5 day turnaround,
per ordinance $25
Payment for Supplement and Additional Services
Invoices will be submitted upon shipment of project(s).
sWe do not charge a per page rate for updating CDs or the Internet—this is included in the supplement per page rate.
Schedule can be changed at any time during the contract. Information on Weekly, Bi-weekly and Monthly Supplement
schedules are available upon request.
Response to Request from Municipal Code Corporation Page 19
Submitted by:
MUNICIPAL CODE CORPORATION
Vice President:
Witness: "
I&PA )Okl
Date: July 30, 2007
Accepted by:
CITY OF ROUND ROCK, TEXAS
By:
Title:
Witness:
Date:
i
1
Response to Request from Municipal Code Corporation Page 20
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Take a look at our Electronic Services!
g
There are many benefits to getting your Code in electronic format: ' ,y
• No retyping ordinances to amend the Code � � � .7
• Easy access and searching
• Unlimited public access to the Code online
• Reduction in printed supplements
• Multiple delivery options-CD, download, or e-mail
DATABASE
We can prepare your Code or a chapter of your Code for use with most word processing packages,
such as WordPerfect or Microsoft Word.We can also provide text options like HTML,XML and TXT. -No Charge
PDF FORMAT
MCC can provide the Code in PDF format.The PDF format mirrors the printed Code. $295
SEARCH &R ETR I EVAL SOFTWARE]price includes single user license,inquire about multi-licensing options]
Purchase a Folio BoundV/EWS version of your Code of Ordinances and experience some of the
most sophisticated search and retrieval tools available. This is the absolute best choice for
customizable printing,exporting,searching,and content management for your Code of Ordinances. $495*
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CODE ON INTERNET
Let us host your Code on our site with the latest search software,ProPublish.This allows access to
your Code of Ordinances to anyone with an Internet connection.We can even customize the look of
your Code on our site to integrate seamlessly with your existing site.Annual subscription price... $400
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MULTIPLE CODE SEARCH
Need to search several cities or counties at once?Save time and money with our new multi code
search subscription service.Perform one keyword search and access every available city or county
Code of Ordinances within a state simultaneously. Annual subscription price... $200
E-SUPPLEMENTS
Once you have selected an electronic product, you can update it more often than the printed
supplements for the same price as your supplement per page rate!
...................... ... ..........._ ....................................._...... ............. ........................ ................................ .. . ......._.....
... ............................. . ..........
N.O.W. (New Ordinances on the Web) SERVICE
With your electronic product,we can even post your ordinances with the online Code.We offer a 3
to 5 dayturnaround! Price per ordinance
UPDATED ELECTRONIC PRODUCTS
MCC will update the electronic product you have chosen after each supplement.Price per update...
Municipal 1 Code Corporation
lGod
PO lox 2235 Tallahmee,FL 3231
$00-262-2633 Fax:850-575-8852 lnfiD@municode.com
Response to Request from Municipal Code Corporation Page 21
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
City of Round Rock
REQUEST FOR PROPOSALS
RECODIFICATION SERVICES—PRINT AND ONLINE VERSION
PART I
GENERAL INFORMATION
1. PURPOSE
1.1. The intent of this Request for Proposal and resulting agreement for the City of Round Rock,Texas, seeks the
services of qualified contractor(s)to provide an initial recodification of the existing Code of Ordinances edition,and to
thereafter provide periodic codification, maintenance and update services for ordinances passed by the City of
Round Rock,Texas.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and proposal document:
2.1. Agreement—A mutually binding legal document obligating the Vendor to furnish the goods,equipment or services,
and obligating the City to pay for it.
2.2. City—Identifies the City of Round Rock,Travis and Williamson Counties,Texas.
2.3. Deliverables means the goods,products,materials,and/or services to be provided to the City by Proposer if awarded the
contract.
2.4. Goods represent materials,supplies,commodities and equipment.
2.5. Professional Services means services that use skills that are predominantly mental or intellectual, rather than
physical or manual including,but not limited to,accounting,architecture, land surveying, law,medicine,optometry
and professional engineering.
2.6. Proposal is a complete,properly signed response to a Solicitation that if accepted,would bind the Proposer to
perform the resulting contract.
2.7. Proposer identifies persons and entities that submit a proposal.
2.8. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the
City's standard Purchase Order form and which,when accepted by the Bidder, becomes a contract.The Purchase
Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified,and the City's
commitment to accept the Goods or Services for an agreed upon price.
2.9. Services-work performed to meet a demand. The furnishing of labor,time,or effort by the vendor and their ability to
comply with promised delivery dates, specification and technical assistance specified.
2.10. Subcontractor-Any person or business enterprise providing goods, labor,and/or services to a Vendor if such goods,
equipment, labor,and/or services are procured or used in fulfillment of the Vendor's obligations arising from a
contract with the City.
2.11. Vendor—(Sometimes referred to as Contractor)A person or business enterprise providing goods, equipment, labor
and/or services to the City as fulfillment of obligations arising from a contract or purchase order.
3. CONFLICT OF INTEREST
3.1. Effective January 1,2006, Chapter 176 of the Texas Local Government Code(House Bill 914)requires that any
vendor or person considering doing business with a local government entity disclose the vendor or person's affiliation
or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest
Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of
Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form,
please mail to:
City of Round Rock EXHIBIT
Christine Martinez, City Secretary
221 East Main
Round Rock,Texas 78664-5299
Page 1 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
3.2. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the
disqualification of the vendor's proposal.
4. CITY CONTACT:
4.1. All responses for Request for Proposals(RFP),as well as any questions,clarifications or requests for general
information are to be directed to:
Randy Barker
Purchasing Supervisor
221 East Main
Round Rock,TX 78664-5299
Telephone(512)218-3295
Fax(512)218-7028
rbarker(c-round-rock.tx.us
4.2. The individual above may be telephoned for clarification of the specifications of this Request for Proposals only. No
authority is intended or implied that specifications may be amended or alternates accepted prior to closing date
without written approval of the City. Under no circumstances will private meetings be scheduled between Proposer
and City staff.
5. EX PARTE COMMUNICATION:
5.1. Please note that to insure the proper and fair evaluation of a proposal,the City of Round Rock prohibits ex parte
communication(e.g., unsolicited)initiated by the Proposer to a City Official or Employee evaluating or considering the
proposals prior to the time a formal decision has been made.Communication between Proposer and the City will be
initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a
proper and accurate evaluation of the proposal. Ex parte communication may be grounds for disqualifying the
offending Proposer from consideration or award of the solicitation then in evaluation,or any future solicitation.
6. PROPOSAL SCHEDULE
6.1. It is the City's intention to comply with the following project schedule:
6.1.1. Request for Proposals released July 17, 2007
6.1.2. Deadline for questions July 25, 2007
6.1.3. City response to all questions/addendums July 27, 2007
6.1.4. Responses for RFP due by 3:00 p.m. July 31, 2007
NOTE:These dates represent a tentative schedule of events. The City reserves the right to modify these dates at
any time,with appropriate notice to prospective Proposer.
6.2. All questions regarding the RFP shall be submitted in writing(either electronically,fax,or regular mail)by 5:00 pm on
July 25,2007 to above named City Contact. All interested firms will be provided with a copy of the questions
submitted and the City's response.
7. PROPOSAL DUE DATE:
7.1. Sealed proposals are due no later than 3:00 p.m.,July 31,2007 to the Office of the Purchasing Department. Mail or
carry sealed proposals to:
City of Round Rock,Texas
221 East Main
Round Rock,Texas 78664-5299
7.2. Proposals received after this time and date will not be considered.
7.3. Sealed proposals should be clearly marked on the outside of packaging"DO NOT OPEN—RFP 07-040
RECODIFICATION ONLINE".
7.4. Facsimile or electronically transmitted proposals are not acceptable.
7.5. Each proposal and each proposal variation shall be submitted in one(1)original and five(5)copies.
8. PROPOSAL SUBMISSION REQUIREMENTS: Interested and qualified firms or teams shall:
8.1. Submit one(1)original and five(5)copies of materials that demonstrate their experience in performing projects of this
scale and complexity.
Page 2 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
8.2. Documentation shall include:
8.2.1. Identification of the firm/team responding to the RFP to include a brief summary of team member
experiences.
8.2.2. A summary demonstrating the firm's/team's qualifications to satisfy all the technical areas identified in the
specification.
8.2.3. A representative list of projects of a scale and complexity similar to the project being considered by the city.
The list should include the project location,client,services provided by your firm for the project,term of
sponsorship and an owner contact name.
8.2.4. Project timeline outlining the steps the firm would take in the implementation of the project.
8.3. Provide references: Provide the name,address,telephone number and point of contact of at least three clients that
have utilized the same or similar product and services within the last 2 years. References may be checked prior to
award. Any negative responses received may result in disqualification from consideration for award. Failure to
include references with submittal may result in disqualification from consideration for award.
8.4. Identify any subcontractors to be used for this project. Experience,qualifications and references of the
subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to
any work being performed.
9. EVALUATION CRITERIA:
9.1. All proposals received shall be evaluated based on the best value for the City by considering all or part of the criteria
listed,as well as any relevant criteria specifically listed in the solicitation:
9.1.1. Price;
9.1.2. Long-term cost to the City to acquire Proposer's goods and services;
9.1.3. The extent to which the goods or services meet the City's needs;
9.1.4. Completeness,technical competence and clarity of the proposal;
9.1.5. Project Process and Outline;
9.1.6. Compliance with Requested Form and Information;
9.1.7. Reputation of the Proposer and the Proposer's services;
9.1.8. Technical Expertise;
9.1.9. Client List/Sponsor Reference and Experience;
9.1.10. Proposer's past relationship with the City. All vendors will be evaluated on their past performance and prior
dealings with the City to include, but not limited to,failure to meet specifications,poor quality, poor
workmanship, late delivery.
10. EVALUATION PROCESS:
10.1. A committee comprised of City Staff and others as appropriate will review the responses to the RFP and may develop
a short list of firms/teams.
10.2. Interviews and/or demonstrations may be conducted with any of the"short listed"firms/teams to discuss their
qualifications, resources,and availability to provide the services requested.
10.2.1. Upon completion of the evaluation,the selection committee may recommend a firm/team for the project
identified.
10.2.2. A contract with the recommended firm/team for the project will then be negotiated. This process will be
completed with the City Council's authorization to the mayor for the execution of the contract or the
execution of the contract by the City Manager.
10.3. The City of Round Rock will not provide compensation or defray any cost incurred by any firm related to the response
to this request. The City of Round Rock reserves the right to negotiate with any and all persons or firms. The City of
Round Rock also reserves the right to reject any or all proposals,or to accept any proposal deemed most
advantageous, or to waive any irregularities or informalities in the proposal received,and to revise the process and/or
schedule as circumstances require.
11. CONFIDENTIALITY OF PROPOSAL CONTENT:
11.1. All proposals submitted in response to this RFP shall be held confidential until an agreement is awarded. Following
the agreement award, proposals are subject to release as public information unless the proposal or specific parts of
the proposal can be shown to be exempt from the Texas Public Information Act. Proposers are advised to consult
Page 3 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets
or any other proprietary information.The City assumes no obligation or responsibility for asserting legal arguments on
behalf of potential Proposers.
11.2. If a Proposer believes that a proposal or parts of a proposal are confidential,then the Proposer shall so specify.The
Proposer shall stamp in bold red letters the term"CONFIDENTIAL"on that part of the proposal,which the Proposer
believes to be confidential.Vague and general claims as to confidentiality shall not be accepted.All proposals and
parts of proposals that are not marked as confidential will be automatically considered public information after the
agreement is awarded.
12. CLARIFICATION OF PROPOSALS:
12.1. The City reserves the right to request clarification or additional information specific to any proposal after all proposals
have been received.
PART II
GENERAL TERMS AND CONDITIONS
1. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five(5)consecutive twelve-month periods
of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term
stated or until terminated or extended as provided herein.
1.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal provided both
parties agree.
1.2. Review the following at the end of each twelve-month review period or renewal:
1.2.1. Vendor performance;
1.2.2. Price;
1.2.3. Continuing need;
1.2.4. Advancements in technologies and or service;
1.2.5. The City may terminate the Agreement with or without cause or may continue through the next twelve-
month review or renewal period.
2. PRICE:The contract price shall be firm for the duration of the agreement or extension periods except as provided for in
paragraph below. No separate line item charges shall be permitted for either bidding or invoice purposes,which shall include
equipment rental,demurrage,cost associated with obtaining permits or any other extraneous charges.
3. PRICE ADJUSTMENT:The City may permit"unit price"adjustments upward,only as a result of a cost increase in goods or
services in accordance with the Producers Price Index located at http://stats.bis.aov/ppi/home.htm. Any price increase
shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The
vendor may offer price decreases in excess of the allowable percentage change.
4. INDEMNIFICATION:The successful Proposer shall indemnify,save harmless and exempt the City, its officers,agents,
servants,and employees from and against any and all suits,actions, legal proceedings,claims,demands,damages,costs,
expenses,attorney fees and any and all other costs or fees incident to any work done as a result of this quote and arising out
of a willful or negligent act or omission of the successful Proposer, its officers,agents, servants,and employees; provided,
however,that the successful Proposer shall not be liable for any suits,actions, legal proceedings,claims,demands, damages,
costs,expenses and attorney fees arising out of a willful or negligent act or omission of the City, it's officers,agents,servants
and employees,or third parties.
5. INSURANCE: The successful Proposer shall meet or exceed ALL insurance requirements set forth by the City of Round Rock
as identified in Attachment A to the specifications. Any additional insurance requirements of participating or cooperative
parties will be included as subsequent Attachments and shall require mandatory compliance.
6. VENUE: The agreement shall be governed by and construed in accordance with the laws of the State of Texas.Venue shall
be in the applicable court,Williamson County,Texas.
8. INDEPENDENT CONTRACTOR:
8.1. It is understood and agreed that the Contractor shall not be considered an employee of the City.
8.2. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health
Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect.
Page 4 of 6
RFP 07-040
Specification Number
07-961-12
Dated:July 2007
PART III
SPECIFICATIONS
1. STATEMENT OF INTENT:
1.1. These specifications cover only the general requirements as to the performance and some design criteria,as well as
vendor responsibilities for Recodification Services—Print and On-Line Versions. The manufacturers shall be
responsible for designing and furnishing a system that meets all of the performance requirements and design criteria
herein,as well as provide software that is designed for the intended application.
2. SCOPE OF WORK
2.1. The City requests proposals for Recodification Services including Print and Online Versions. All proposals must
be made on the basis of and either meet or exceed the requirements contained herein. All Proposers shall review
new ordinances and ordinance amendments to the existing Code against the full Code manuscript.
2.2. Edit and insert all ordinances amendments and new ordinances into the proper places in the Code manuscript and
delete from the Code manuscript all provisions that have been repealed.
2.3. Review footnotes against the corresponding provisions of the general and specific Acts of the City of Round Rock
and prepare new or revised footnotes as applicable to the current laws of the City of Round Rock. The City shall be
notified of all changes being made.
2.4. Revise,as needed,the analysis at the front of each chapter,consisting of numerical listing of the catch lines of the
individual sections in the chapter. A new analysis shall be prepared as needed for each new chapter.
2.5. Revise,as needed,the Table of Contents for each title,consisting of numerical listing of each chapter.
2.6. Edit ordinances and ordinance amendments to assure properly styled catch lines,and properly and uniformly spelled,
capitalized and punctuated text, according to the style of the Code.
2.7. Ensure all appropriate historical references to each Code section are carried forward.
2.8. Prepare index revisions for each future supplement on a replacement page basis to assure the general index to the
Code is kept current at all times.
2.9. Accomplish all work on a replacement page basis in accordance with printing specifications.
2.10. Prepare a Comparative Section Table indicating the disposition of integrated ordinances and resolutions.
2.11. Proof all pages to be included in each supplement,accepting full responsibility for page replacement without cost to
the City at any time errors are noted after delivery. Such replacement pages shall be delivered as part of the next
supplement. Any specific questions concerning text placement,context,or format should be raised with the City
Attorney.
2.12. Provide a copy of the Code of Ordinances of the City of Round Rock on a Compact Disc,compatible with Microsoft
Word 2000 or newer. An updated compact disc may be requested by the City annually.
3. BIDDER QUALIFICATIONS:
3.1. The opening of a bid or proposal shall not be construed as the City's acceptance of such responder as qualified and
responsible. The City reserves the right to reject any and all submittals. All responders shall furnish the following
information at a minimum:
3.1.1. References: Provide the name,address,telephone number and point of contact of at least three firms that
have utilized the same or similar software. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
3.1.2. Identify any subcontractors to be used for this project. Experience,qualifications and references of the
subcontractors shall be submitted.The City reserves the right to approve or disapprove all subcontractors
prior to any work being performed.
PART IV
INVOICE AND PAYMENT
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RFP 07-040
Specification Number
07-961-12
Dated:July 2007
1. INVOICING
I.I. Contractor shall submit one original and two copies of each invoice referencing the assigned Purchase Order
number to the following address:
City of Round Rock
Accounts Payable
221 East Main
Round Rock,TX 78664-5299
2. PROMPT PAYMENT POLICY
2.1. Payments will be made within thirty days after the City receives the supplies, materials,equipment,or the day on
which the performance of services was completed or the day,on which the City receives a correct invoice for the
service,whichever is later. The Contractor may charge a late fee(fee shall not be greater than that which is
permitted by Texas law)for payments not made in accordance with this prompt payment policy; however,this policy
does not apply to payments made by the City in the event:
2.1.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
2.1.2. The terms of a federal contract,grant, regulation,or statute prevent the City from making a timely payment
with Federal Funds;or
2.1.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers concerning supplies,material,or equipment delivered or the services performed which caused
the payment to be late;or
2.1.4. The invoice is not mailed to the City in strict accordance with instructions, if any,on the purchase order or
contract or other such contractual agreement.
3. OVERCHARGES
3.1. Contractor hereby assigns to purchaser any and all claims for overcharges associated with this purchase which arise
under the antitrust laws of the United States, 15 USGA Section 1 et seg.,and which arise under the antitrust laws of
the State of Texas, Bus.and Com.Code,Section 15.01,et seg.
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