CC - Item 4D - Award of Bid for Codification and Legal Services for City's Municipal Code :, sf M4 F
g
O y
E G
,1i
��f.4 `'= staqp0rt
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: NANCY VALDERRAMA, CITY CLERK
DATE: APRIL 29, 1997
RE: AWARD OF BID FOR CODIFICATION AND LEGAL SERVICES FOR
CITY'S MUNICIPAL CODE
This year's budget includes professional services for codification of the City Municipal Code. The
three attached proposals offer the same basic type of services. The cost is based on 500-525
pages of prepared municipal code text. The final amount will be increased or decreased
accordingly per number of pages of the finished Code and the type of page format selection;
single page or double columns (see Exhibit A and B).
The scope of services in all three proposals include legal research and review, conferences with
City Attorney, editorial analysis, editorial conference, computerization of code, printing and
binding. Updates to the Code, as scheduled by the City, are provided on a cost per page basis.
The estimated time frame for completion is nine to twelve months. The following is a cost
comparison breakdown of the basic services offered:
AMERICAN BOOK MUNICIPAL
LEGAL P1JBLISHING CODE
Base Cost: $ 10,400 $ 11,050 $ 11,000
Update per Page
Single Page $ 19.00 $ 17.50 $ 18.00
Double Column $ 23.00 $ 20.00 $22.00
Software FOLIO VIEWS CODEMASTER ISYS/FOLIO
$ 1,695 $ 1,800 $ 910
Info Base Kit $ 895
COUNCIL AGENDA
MAY 131997
ITEM No. .V . CG' -. J
Page 2.
Municipal Code Codification
April29, 1997
There is a significant difference in software program capabilities offered by American Legal
Corporation and Municipal Code, and the software developed by Book Publishing Corporation
(BPC) specifically for municipal codes (Exhibit C). Both programs will include a copy of the
City's code in their database and both have basic search and retrieval capabilities. Should the
need arise, BPC's Codemaster software allows for in-house editing of the database, creating
Ordinances, updating the Code, and format printing. This program also allows for the
management of minutes, ordinances and resolutions. Codemaster provides a one-year
maintenance agreement which includes upgrades and new releases. American Legal also offers
in-house maintenance through Folio Views, which requires the purchase of their Info Base Kit at
$895.00.
Staff has contacted seven other municipalities using BPC and all have expressed satisfaction with
this company, and agreed that they have excellent follow through, are thorough, timely and
efficient. Many cities are long-time users and some are currently working on second revisions of
their code. Book Publishing Company has been in the municipal code business for over 40 years
with 300 hundred plus municipalities in California using their services.
The proposals are very similar in projected total cost. I am recommending that Book Publishing
Company be selected on the basis of their excellent references and the unique capabilities of its
Codemaster software.
RECOMMENDATION
Based on the above, it is recommended that the City Council approve the agreement with Book
Publishing Company (BPC) and authorize its execution by the Mayor.
Attachments
agitems4
EXHIBIT '"A"
17.24.010
Chapter 17.24
ADMINISTRATION
Sections:
17.24.010 Certificates and occupancy permits.
17.24.020 Duties of the building inspector.
17.24.030 Plan commission. •
17.24.040 Zoning board of appeals.
17.24.050 Appeals.
17.24.060 Variations.
17.24.070 Amendments.
17.24.080 Special uses.
17.24.090 Fees and costs—Deposits.
17.24.100 Violation, penalty, enforcement.
17.24.110 When effective.
17.24.120 Posting notice of public hearing on subject property.
17.24.010 Certificates and occupancy permits.
A. Zoning Certificates. No permit pertaining to the use of land or buildings shall be issued
unless the building inspector has certified, after examination, that it complies with all provisions
of this title.
B. Occupancy Permits.No land shall be occupied or used and no building hereafter erected
or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate
of occupancy shall have been issued by the building inspector stating that the building complies
with all the building and health laws and ordinances and with the provisions of this title.
C. Permit for Change of Use.No change of use shall be made in any building or part thereof
now or hereafter erected or altered without a permit having been issued by the building inspector, -
and no permit shall be issued to make such change unless it is in conformity with the provisions
of this title and amendments thereto.
D. Continuance of Present Occupancy.Nothing in this section shall prevent the continuance
of the present occupancy or use of any existing building,except as may be necessary for the safety
of life and property. Certificate for occupancy and compliance shall be applied for coincident with
the application for a building permit and shall be issued within thirty days after the erection or
alteration of such building has been satisfactorily completed. A record of all certificates shall be
kept on file in the office of the building inspector and copies shall be furnished on request to any
person having proprietary or tenancy interest in the building affected. (Ord. 64-1 § VII(A))
17.24.020 Duties of the building inspector.
The building inspector of the village,or other officials that have been or shall be duly appointed
by the village board,shall enforce this title,and,in addition thereto,and in furtherance of said authority,
shall:
301
BPC SAMPLE PAGE 1Cio
„ „ 17.24.010
EXHIBIT B
Chapter 17.24 except as may be necessary for the safety of life and
property. Certificate for occupancy and compliance
ADMINISTRATION shall be applied for coincident with the application
for a building permit and shall be issued within
Sections: thirty days after the erection or alteration of such
17.24.010 Certificates and occupancy building has been satisfactorily completed.A record
permits. of all certificates shall be kept on file in the office
17.24.020 Duties of the building inspec- of the building inspector and copies shall be fur-
tor. 'fished on request to any person having proprietary
17.24.030 Plan commission. or tenancy interest in the building affected. (Ord.
17.24.040 Zoning board of appeals. 64-1 § VII(A))
17.24.050 Appeals.
17.24.060 Variations. 17.24.020 Duties of the building inspector.
17.24.070 Amendments. The building inspector of the village, or other
17.24.080 Special uses. officials that have been or shall be duly appointed
17.24.090 Fees and costs—Deposits. by the village board, shall enforce this title, and, in
17.24.100 Violation, penalty, enforcement. addition thereto,and in furtherance of said authority,
17.24.110 When effective. shall:
17.24.120 Posting notice of public hearing A. Issue all certificates of occupancy and make
• on subject property. and maintain records thereof;
B. Conduct inspections of buildings, structures
17.24.010 Certificates and occupancy per- and uses of land to determine compliance with the
mits. _ terms of this title;
A. Zoning Certificates. No permit pertaining to C. Maintain permanent and current records to the
the use of land or buildings shall be issued unless ordinance codified in this title, including, but not
the building inspector has certified, after examina- limited to, all maps, amendments, special uses,
tion,that it complies with all provisions of this title. variations, appeals and applications therefor;
B. Occupancy Permits. No land shall be occu- D. Provide such clerical and technical assistance
pied or used and no building hereafter erected or as may be required by the zoning board of appeals
altered shall be occupied or used in whole or in part in the exercise of its duties. (Ord. 64-1 § VII(B))
for any purpose whatsoever until a certificate of .
occupancy shall have been issued by the building 17.24.030 Plan commission.
inspector stating that the building complies with all The plan commission is the plan commission of
the building and health laws and ordinances and the village.
with the provisions of this title. A. Jurisdiction.The plan commission shall have
C. Permit for Change of Use. No change of use the following duties under this title: •
shall be made in any building or part thereof now 1. To receive from the village clerk copies of all
or hereafter erected or altered without a permit application for amendments or special uses which
having been issued by the building inspector,and no have been introduced into the village board, and
permit shall be issued to make such change unless submit reports to the zoning board of appeals and
it is in conformity with the provisions of this title the village board setting forth its fmdings and rec-
and amendments thereto. ommendations in the manner prescribed in this
D. Continuance of Present Occupancy. Nothing section for amendments and special uses;
in this section shall prevent the continuance of the 2. To initiate, direct and review from time to
present occupancy or use of any existing building, time studies of the provisions of this title, and to
301
BPC SAMPLE PAGE 2C550
1
EXHIBIT "C"
• Yes,
tRr
OP
WeDo
YM ,g _
Windows.
CGDE
MASTER
WINDOWEmsS
• Introducing CodeMaster for Windows, a software program developed specifically for
your municipal code.
• Features include full text Search and Retrieval, Ordinance Drafting, Text Links, Code
Editing and Updating, and Format Printing.
• User-friendly Windows environment,with pull-down menus, dialog boxes, toolbars and
help screens.
• Compatible with any word processor.Network compatible too.
• Fully supported by BPC Software Support Department affordable training packages also
available.
• More features than Folio. Use this program to manage your code,minutes, ordinances,
resolutions and policies.
• Hardware requirements: IBM-XT or compatible,386 or better,Windows Version 3.1 or
higher, 2 MB of RAM.
• Developed with input from,and tested by,the people who will actually use the program:
city clerks, city attorneys and MIS specialists.
• Costs: Software, with one-year maintenance agreement $1,800.00
Additional licenses, each 70,00
Call for free CodeMaster for Windows demonstration disk and price information.
1-800-537-7881.
More innovations from Book Publishing Company, the leaders in innovative codcation...
BT Book Publishing
rCompany
201 Westlake Avenue North
Seattle,WA 98109
•
P
Y 1.
b
S fl
4"a. F
9-a i
'1'1'1:
r
CODE
,:; M A-S T E R
k`•` 1 WINDOWS ,
--
COMMA= Folio(Bound
for Windows Version)
Can I perform bask Search and Retrieval? Yes Yes
Can 1 perform complex searches with multiple search strings? Yes Yes
Can the program import from and export to most Windows-based word
processing pmgrams? Yes Yes
Can I directly edit the database without the use of an external word
processor? Yes No
Can 1 create ordinances from within the program, then update my code
database with those ordinances? Yes No
Does the program maintain a legislative history for me? Yes No
Do I have built-in page formatting options(one-and two-sided printing,
customized headers and footers, columns, etc.) Yes No
Was the program created specifically for municipalities? Yes No
Does the company who sells the product provide technical training and
support for the software? Yes No
PROFESSIONAL SERVICES PROPOSAL
FOR THE CITY
OF
ROSEMEAD, CALIFORNIA.
January 6, 1997
B PC
a. y
• ?„,.
BOOK PUBLISHING COMPANY
201 Westlake Avenue North
Seattle, Washington 98109
PROFESSIONAL SERVICES PROPOSAL
Book Publishing Company, hereinafter referred to as "BPC,"hereby agrees to research, edit, recodify and publish
the ordinances of the City of Rosemead, California, hereinafter referred to as "Municipality," according to the
following terms and conditions:
PART I - SCOPE OF SERVICES
Upon receipt of the necessary materials from the Municipality, BPC shall:
1. PREPARE A COMPREHENSIVE LEGAL AND EDITORIAL ANALYSIS.
1.1. Materials. BPC's attorneys will carefully organize and review the Municipality's materials,
including: the Municipality's Charter,if any; all existing ordinances of a general and permanent
nature or which impose a fine,penalty or forfeiture; and the Municipality's current code,if one
exists. The Municipality will provide two legible copies of all materials necessary for the
codification.
1.2. Non-codified Ordinances. The following ordinances which are not of a general and permanent
nature will be omitted from the new code unless otherwise mutually agreed upon by BPC and
the Municipality: appropriations, franchises, bonds, street vacations, tax levies, special
elections, contracts and agreements, rezones, personnel regulations, annexations and traffic
schedules. No ordinance will be omitted without the prior approval of the Municipality.
1.3. Charter Comparison. Ordinances will be compared against the Charter and Charter
amendments, if any, to identify conflicts or discrepancies between provisions.
1.4. Statutory and Case Law Comparison. Every ordinance and Charter provision will be
compared against state statutes and current federal and state case laws to identify conflicts,
inconsistencies, preemptions and other potential problems.
1.5. Internal Comparison. Ordinances will be examined for internal discrepancies such as
outdated fees, vague or awkward language, inaccuracies, duplications and conflicts with other
ordinances.
1.6. Code Structural Plan. Formulate a title and chapter outline of a proposed code structure for
the Municipality's approval.
1.7. Report. The results of the above will be presented to the Municipality in a written report for
review at the convenience of the Municipality's representatives. Where conflicts, problems or
inconsistencies are noted,BPC's attorneys will include relevant statutory or case citations,plus
specific recommendations for corrective measures. BPC's attorneys will also suggest
organizational and editorial changes the Municipality may wish to consider. The Municipal
attorney will review the report in preparation for a conference with BPC's representative.
2. EDITORIAL CONFERENCE. BPC will schedule an editorial conference with the Municipal Attorney
or authorized Municipality representatives to discuss:
2.1. Issues. Issues will include all inconsistencies and conflicts set out in the analysis.
2.2. Solutions. Specific suggestions will be offered for amendatory action to resolve the issues
discussed.
2.3. Implementation. The Municipal Attorney has ultimate decision-making authority for solutions
and implementation.
2.4. Editorial procedures. The editorial procedures for stylistic editing of the code manuscript,the
indexing format, and various production issues will be reviewed.
2.5. Code structure. The code's proposed structure will be reviewed and appropriate changes
made.
2.6. Sample ordinance service. BPC will provide sample ordinance language wherever possible
to assist with the drafting of new and amendatory legislation.
2.7. Editorial cutoff date. At the conclusion of the conference, a mutuallyagreed cutoff date will
be established. All new enactments received at BPC by this date will be included in the code.
Ordinances received after this date may be held for the first supplement.
3. CONFERENCE MEMORANDUM. Immediately following the conference,BPC will send a conference
memorandum to the Municipality, summarizing the decisions reached during the conference.
4. EDITORIAL WORK.
4.1. Under the direction of BPC's attorneys,the editorial staff will prepare the code for publication
by organizing the code materials as agreed during the conference. All amendments and new
ordinances will be incorporated into their proper places and repealed provisions will be deleted
from the code text.
4.2. : The code will be carefully edited for proper code style, grammar and punctuation, as well as
for numerical and editorial consistency. Where necessary,the language of existing ordinances
will be converted into concise, modern and proper language. No substantive changes will be
made in the language of the code without the authorization of the Municipality.
5. EDITORIAL FEATURES. The code will contain the following features to make it easy to use:
5.1. Expandable Numbering System. If authorized by the Municipality,BPC will use a practical,
expandable numbering system in the code. This numbering style makes it easy to locate
information quickly and will accommodate new material without interrupting the integrity or
sequence of the system.
2
5.2. Technical codes. Technical codes which have been adopted by reference--e.g., building,
plumbing, electrical, and similar technical codes--will be excluded from the Municipal code
unless the Municipality's representative directs the Company to include such technical codes.
Ordinances adopting such technical codes by reference shall be included and classified in
appropriate sections of the Municipal code.
5.3. History Notes. Each code section will include a notation showing the origin of the section,
and any amendments made thereto.
5.4. Cross references and footnotes. Cross references will be prepared to tie together related
sections of the new code. Proper explanation will also be made in the form of footnotes to
relevant provisions of the code.
5.5. Charter references. Charter references will be prepared to tie together related sections of the
Charter and new code.
5.6. Catchlines. Each code section will begin with a "catchline" which summarizes the contents
of that section.
5.7. Table of Contents. The code will include a general Table of Contents listing the titles
contained therein; each Title will contain a table showing the chapters it includes; each chapter
will list the number and catchlines of the sections it includes.
5.8. Statutory Reference Table. This lists state laws which pertain to,or affect,the Municipality's
local code provisions.
5.9. Ordinance Iist. Tables showing the disposition of each municipal ordinance will be prepared
and included in the code volume. Repealed and omitted special ordinances will be so noted.
5.10. Prior Code Cross Reference Table. If BPC reorganizes material from the Municipality's
previous code, BPC will include a table of prior code sections and their location in the new
code. (These are sometimes referred to as Comparative Tables.)
5.11. Editorial omissions. Only the substantive provisions of each ordinance will be codified.
Provisions such as the title, ordaining clause and attestation clause of each ordinance will be
omitted to the extent permitted by law.
6. INDEX. BPC's experienced legal indexers will prepare a general alphabetical subject index,referencing
each section of the code. The cross-reference style and format of the index will be set after consultation
with the Municipality.
7. PROOFREADING. BPC will proofread the entire code for accuracy. BPC is responsible for the
typographical correctness of the code. Any errors attributable to BPC will be corrected at no charge to
the Municipality.
8. PUBLICATION.
8.1. Stock. The code will be printed on 50 lb. white offset paper. The Municipality may elect to
have the code printed on one side of each sheet of paper, or on both sides. (Note: a page is
one side of a sheet of paper.)
3
8.2. Page format. The page style will be consistent with the format chosen by the Municipality:
81/2 x 11 inches, multilith, or double column, (samples attached).
8.3. Printing. BPC will print the number of copies specified by the Municipality. Additional
copies of the entire code, or portions thereof, may be ordered by the Municipality as they are
needed.
8.4. Special pages. Maps,charts,diagrams or tables containing multiple columns require additional
camera work or typesetting time. There is an additional charge for these pages as listed in Part
III of this proposal. This rate also applies to special pages in supplements.
8.5. Binders. BPC will provide customized, heavy duty, expandable post binders in any quantity
the municipality needs. Binders are available in a selection of colors and will be imprinted on
the cover and spine with an appropriate title. The Municipality may also add a seal, logo or
other artwork to the binder covers. Other binder styles,including three-ring, are also available.
8.6. Reprints. Additional copies of individual code titles such as zoning and traffic are available
at an extra cost. They may be ordered with printed paper covers or separate binders.
9. PRODUCTION SCHEDULE.
Preparation of Ordinance Analysis and Report. 3 months
Municipality Review and Editorial Conference 1 month
Municipality amendatory action 2 months
Manuscript preparation 4 months
Indexing, printing and binding 2 months
Total of publisher's time 9 months
10. COMPUTERIZED COPY OF CODE. If desired,BPC can provide the Municipality with a copy of the
code on computer diskette for convenient, on-line access. Please see Part II, Optional Services.
11. ADOPTION ORDINANCE. Along with the completed codebooks,BPC will provide a sample ordinance
with suggested Ianguage for the adoption of the new code.
12. SALE OF CODES. The Municipality has exclusive rights to sell copies of the completed codes and
looseleaf supplements.
13. SAMPLE ORDINANCE SERVICE. For BPC customers No Charge
4
14. SUPPLEMENT SERVICES. BPC will provide ongoing updates for the Municipality, on a regular
schedule, as directed by the Municipality. Ordinances will be forwarded to BPC as they are adopted.
Prior to beginning a regularly scheduled supplement, BPC will contact the Municipality to confirm that
BPC has received all the necessary ordinances. BPC's editors will prepare each supplement by completing
the following steps:
14.1. Editing. BPC will organize the new ordinances by subject and will insert all amendments into
their proper places in the code text. Provisions that have been repealed will be deleted from
the code text. Any conflicts,inconsistencies, duplications or discrepancies created by the new
material will be brought to the attention of the Municipality.
14.2. Update Related Parts. All history notes, tables, cross-references and index entries will be
updated to reflect the new material.
14.3. Publish Supplement Pages. The revised pages will be retypeset to match the style and format
of the code. The supplement will be printed in the quantity specified by the Municipality.
14.4. Insertion Guide. Each supplement will include a page with instructions for inserting the new
pages and removing obsolete ones.
14.5. Special Pages. Maps, charts, diagrams and tables with multiple columns require extra
typesetting or camera work. There is an extra charge for these pages, as listed in Part III of
this proposal.
14.6. Updating Computerized Copy. If requested, BPC will provide updated copies of the code
on diskette, along with each printed supplement. Please see Part II, Optional Services for
descriptions of computer format options.
14.7. Frequency. The Municipality may choose to supplement the code quarterly, semi-annually,
annually, or on an "as-needed" basis. The Municipality may change the supplement interval
at any time. Frequency of supplementation does not affect the supplement rate.
14.8. Cost. The cost for Supplementation services provided shall be at the standard rate being
charged for those services by the Company at the time such services are rendered.
14.9. Termination. The Municipality may terminate the supplement service by canceling in writing
at least 60 days prior to the editorial cut off date for any regularly scheduled supplement.
5
PART II - OPTIONAL SERVICES
15. COMPUTERIZED COPY OF CODE. The Municipality may order a copy of the code on computer
diskette(s) for convenient on-line access. The database will be provided in the Municipality's choice of
ASCII text, Folio, WordPerfect 5.1 (DOS), WordPerfect 6.0 (DOS), WordPerfect 6.x for Windows, or
CodeMaster for Windows. Please indicate the desired format in Part III, Prices and Payment Terms.
16. CODEMASTER SOFTWARE OPTIONS. BPC is pleased to offer CodeMaster, an exclusive software
program designed to help you manage municipal records such as your code of ordinances and council
minutes. CodeMaster provides powerful Search and Retrieval capabilities, the ability to draft code
amendments directly on-line,and eliminates the need to index documents manually. CodeMaster features
easy Help, "Quick-Print" and Format Print options,Password Protection and is compatible with any word
processing program. CodeMaster is available for both stand-alone PC's and for networks.
CodeMaster software includes a twelve-month maintenance agreement,including telephone and electronic
support,CodeMaster newsletter, all upgrades and new releases. Two-day and three-day training packages
are also available.
17. FOLIO SOFTWARE. As an optional search and retrieval software, BPC offers Folio VIEWS for
Windows. A Folio text infobase offers fast, automated search and retrieval of code text. It can be used
for reading or reference purposes only. To edit the code, text must be exported to a word processing
program.
18. INTERNET OPTIONS. BPC provides several options for Internet Access for your Municipal Code.
18.1. BPC WebSite. The code can be posted on the BPC WebSite, using either Folio WebServer
search and retrieval software or HTML files.The code can be accessed at our Internet address,
or linked to the municipality's homepage. Each time the printed code is supplemented, BPC
will update the Internet copy.The cost is based on a one-time set-up fee, an annual storage fee,
and the cost to format the code. Supplement formatting costs are additional. For costs, please
see Part III, Prices and Payment Terms.
Folio Infobase version.Folio Webserver(tm) allows full-text searching and a browsable Table
of Contents. The same Folio infobase can also be used on your Local Area Network.
HTML version. This version uses standard HTML files, arranged in a document tree with
hypertext Tables of Contents. Each section is contained in a separate HTML file. These files
can also be used on your Local Area Network using any standard web browser (the file server
must support long filenames).
18.2. Municipality's Website. If the municipality prefers to post the code on its website, and does
not have or does not wish to use Folio WebServer software, BPC can provide the code in
HTML files for use with any standard web browser. (This does not include a search engine.)
Additional formatting will be necessary, depending on the search engine or web browser.
HTML files can also be used on a Local Area Network. When the code is supplemented, BPC
can provide updated HTML files to update the Internet copy. For costs, please see Part III,
Prices and Payment Terms.
6
PART III - PRICES AND PAYMENT TERMS
CODIFICATION SERVICES V
19. A. [ ] Single-column page style, initial 500 pages $11,050.00
Additional pages, if any, per page $17.50
or
B. [ ] Double-column page style, initial 500 pages $12,000.00
Additional pages, if any, per page $20.00
20. Partial pages will be charged as full pages. There is no charge for blank pages.
21. Extra charge for special pages (tables, maps, diagrams and charts), per page $15.00
22. These rates include twenty-five (25) printed copies of the code. (Additional copies may be ordered for
a nominal fee.)
23. V BINDERS. 1 - 25 $24.00 each
26 - 50 $22.00 each
51 + $20.00 each
24. Shipping will be prepaid by BPC and invoiced to the Municipality upon delivery.
25. If a sales tax is applicable to this work, the amount of such tax will be added to the costs quoted in this
contract.
26. PAYMENT SCHEDULE.
Upon signing of this contract $1,500.00
Upon Municipality's receipt of BPC's Ordinance Analysis and Report $1,500.00
Upon delivery of the completed code books to the Municipality: Balance
Balances which remain unpaid more than 60 days after delivery of the codebooks are subject to a late
charge of 1% per month.
7
PART III, CONTINUED - PRICES AND PAYMENT TERMS
OPTIONAL SERVICES
27. Copy of Code on Diskette No Charge
Copy of Code on CD-ROM $50.00
(Please indicate the format desired) Diskette Size: [ ] 3.5"; [ ] 5.25"
[ ] Diskettes not desired at this time
[ ] ASCII
[ ] Folio
[ ] WordPerfect 5.1 (DOS)
[ ] WordPerfect 6.0 (DOS)
[ ] WordPerfect 6.x for Windows
[ ] CodeMaster for Windows
28. Additional charge for updated diskettes of code with each supplement $1.50 per page
29. CODEMASTER.
[ ] CodeMaster Software(includes one-year maintenance agreement,including upgrades and new
releases) $1,800.00
[ ] Additional CodeMaster licenses $70.00
(Discounts are available for multiple-user licenses.)
[ ] Training ❑ 2-day on-site training $1,500.00; ❑ 3-day on-site training $1,750.00.
30. [ ] Folio VIEWS (search and retrieval infobase) $295.00
31. INTERNET SERVICES.
31.1. BPC WebSite Access
Folio WebServer or HTML version formatting $1.25 per page
One-time set-up fee $100.00
Supplement cost (in addition to supplement cost) $1.50 per page
Annual Storage and Maintenance Fee (Based on total number of code pages)
1 to 300 pages $125.00
301 to 500 pages $150.00
501 to 700 pages $175.00
701 to 1,000 pages $200.00
31.2. Municipality's WebSite Access
Folio WebServer or HTML version formatting $1.25 per page
Supplement cost (in addition to supplement cost) $1.50 per page
8
•
PART IV - RECITATIONS AND SIGNATURES
32. PERSONNEL. Only experienced and qualified personnel will be employed in all editorial and
codification work. BPC's Customer Relations Representative will consult the Municipality when necessary
and will keep the Municipality informed of the progress of all codification work.
33. WARRANTY. BPC warrants only that the code will contain all of the currently effective ordinances
provided to BPC by the Municipality as revised and amended according to instructions from the
Municipality's Representative.
34. ASSIGNATION, INTEGRATION AND MODIFICATION. When executed by both BPC and the
Municipality, this agreement constitutes the entire agreement between the parties. There are no other
agreements or representations not set forth in this agreement. This agreement incorporates all prior
negotiations, agreements and representations. This agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and assigns. This agreement may not be modified
except in writing, signed by BPC and the Municipality.
35. LAWS OF WASHINGTON TO GOVERN. This agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
36. TIME FOR COMPLETION. Time is of the essence. It is the intention of the company, with the
cooperation of the Municipality,to deliver the completed codes to the Municipality within one year of the
receipt of codification material from the Municipality. Should delivery be delayed because of the
Municipality's delay in performing its duties according to this contract,the Company shall have the right
to increase the final cost of the code to compensate for any increase in labor, materials or overhead costs.
37. WAIVER. The waiver by any party of a breach of any provision of this agreement or the failure by any
party to claim a breach of any provision of this agreement shall not constitute a waiver of any subsequent
breach, or change the effect of or make that provision thereafter unenforceable in any way.
38. DURATION OF QUOTATION/SIGNATURES. This quotation and agreement constitutes a bid by
Book Publishing Company, a Washington corporation, for the performance of the codification services
described herein. If this quotation and agreement is executed by the Municipality within 90 days of the
date hereof, it shall be a binding contract between BPC and the Municipality.
Submitted January 6, 1997, by Accepted by Municipality of Rosemead, California
Book ..: is, I 1 Comp A corporation By
Nancy L411471/111- TE
Title
Vice Presi
I
Recodification Proposal
For The
City Of Rosemead, California
Y_ I
•
3L x
Y ,
s ,
a 7 TN. r . -r •
I 1% l 2 .1 R , ///t V1 ® IN ,I rV = =
Publishing Corporation
12th Floor•432 Walnut Street• Cincinnati, Ohio 45202 •1-800-445-5588 • (FAX) 1-513-763-3562
CODIFICATION COST AND SERVICES SUMMARY
American Legal Publishing proposes to codify the ordinances for Rosemead, California, at the
following prices.
Initial Codification
I) Base Cost $10,400
Base cost above includes the following at no additional charge:
(A) Number of Copies of Rosemead's Code 25
(B) Legal Analysis
1) Research Internal Consistency
2) Research State Law Consistency
3) Legal and Editorial Research and Report
4) Unique Annual Statutory Legal Review
(C) Special Features
1) Tables of Special Ordinances
2) Parallel References
3) Comprehensive Index
4) Tabular Matter (Tables, Charts, Graphs)
5) Code on Diskette (WordPerfect or ASCII)
(D) Estimated Number Of Pages
8 1/2" x 11" Format
1) Single column 525 pages
2) Dual column 375 pages
II) Variable Cost
Per Page Increase/Decrease Rate
8 1/2" x 11" Format
1 1) Single Column $19
2) Dual Column $23
III) Time to Completion
Number of Months Until Manuscript 6 months
Number of Months Until Completed Code (after return of manuscript) 3 months
Number of Days for Updated Supplements, including Statutory Updates 45 days
I
I
11
IV) Optional Services
A) Reorder Copies of Complete Extra Code.
1) Minimum Number of Copies No minimum
2) Cost per Extra Code with Binder $60
3) Cost per Extra Code without Binder $45
B) Subscription Service
Surplus revenue is credited to your account YES
C) Supplement Service
8%2" x 11" Format
1) Single-column $19/Per Page
2) Dual-column $23/Per Page
1;1
D) Pamphlets (With cardstock cover)
Per Impression (Printed Page)
1) 1-50 copies $.075
2) 51-99 copies $.070
3) 100 copies or greater $.065
]� E) Folio VIEWS Search and Retrieval Software
! 1) Your Code in Folio $1,695
2) On Site Installation & Training $295/ day + Travel Expenses
3) Phone Support No Extra Charge
4) Supplement Service, per supplement $395
V) Terms
1) Forty Percent (40%) due upon acceptance of this agreement.
2) Forty Percent (40%) within 30 days of receiving the manuscript.
1 3) Balance within 30 days of receiving the completed code.
1
I
American Legal Publishing Corporation City of Rosemead
432 Walnut Street, 12th Floor 8838 Valley Boulevard
Cincinnati, Ohio 45202 Rosemead, California 91770
CODIFICATION AGREEMENT
February 8, 1996
WHEREAS, the City of Rosemead, a municipal corporation in the State of California (hereinafter referred to
as "Municipality"), has need of codification of its existing ordinances and resolutions, as well as other
optional related services;
WHEREAS, American Legal Publishing Corporation, (hereinafter referred to as Publisher), an Ohio
Corporation, desires to perform such services for Municipality.
,--, _-.:
NOW THEREFORE, in consideration of the mutual benefits to be derived from entering into and
performing this Agreement and the mutual promises and covenants contained herein, the parties agree as
follows:
I. THE PUBLISHER SHALL:
rill.
(1) Examine the Municipality's Charter (if any), and prior code of ordinances (if any), and all
ordinances or resolutions provided by the Municipality, select the materials to be codified, and
provide the Municipality with a listing of materials to be included. The Municipality will
provide clear copies of all materials necessary to perform the codification, including two clear
!....11 •
and up to date copies of any previously published code of ordinances.
. • (2) Review all materials selected for statutory conformity and conflict with existing state and federal
law, as well as other ordinances and resolutions. Such conflicts will be brought to the attention
of the Municipal Attorney.
reni
(3) Classify all ordinances and resolutions which are of a general and permanent nature into titles,
3 chapters, and sections, according to subject matter. All ordinances repealed by implication, or
!' which are outmoded or antiquated, shall be disposed of in accordance with the recommendations
of the Municipal Attorney.
(4) Make changes to effect uniformity of style and to correct typographical and spelling errors,
grammar, and usage. Substantive changes shall not be made in the wording of the ordinances.
Suggestions for additions or changes in the ordinances will be submitted to the Municipal
Attorney.
(5) Utilize its staff of attorneys for research of appropriate higher law.
i
e • (6) Store the entire Code of Ordinances (hereinafter referred to as "Code") using state-of-the-art,
IBM-compatible personal computers in a high-speed networked environment. The Code will be
maintained on-line, giving immediate access for future Code updating.
(7) Prepare title, chapter, and section headings.
(8) Prepare a legislative history of each section, citing the ordinance number and date of passage of
PAGE 1
the current ordinance, as indicated on copies of ordinances supplied to the Publisher.
W (9) Prepare a complete and comprehensive index to the Code.
(10) Prepare a table of contents and sectional analysis for each chapter.
(11) Prepare statutory cross-references to sections of the state statutes and references to other
pertinent parts of the Code where applicable. These references shall appear at the end of the
section to which they apply.
111 (12) Prepare Tables of Special Ordinances listing chronologically in groups those ordinances in
certain subject areas that the Municipality and the Publisher mutually agree to be pertinent.
(13) Prepare Parallel Reference Tables showing:
101.1a
( ) The disposition of ordinances (in numeric sequence) included in the codification
(Ordinance to Code).
(b) A listing of code sections based on state statutes (Statute to Code).
(c) A listing of prior code sections incorporated into the new code if applicable (Old Code to
New Code).
(14) Confer with the Municipal Attorney during the course of codification, whenever the Publisher
or Municipal Attorney considers a conference necessary, to review the Publisher's work or to
discuss proposed changes, additions, or deletions to existing ordinances.
(15) Provide the Municipality a consultation service, for:
(a) Updating ordinances in conflict with state and federal statutes;
(b) Providing model ordinances when requested.
• (16) Deliver to the Municipality, within 6 months from receipt of the materials deemed necessary by
the Publisher to begin the codification, one copy of a manuscript of the Code for the
Municipality's examination.
•
(17) Hold a manuscript conference to make final corrections, additions, and deletions to the Code.
Any of the pages of the manuscript may be changed at this time. After the final conference, no
additional changes are to be made. Any further changes, additions, or deletions shall be made in
the future supplements to the Code in accordance with IV(1) of this Agreement.
When the manuscript, and any changes thereto made by the Municipality, is returned to the
Publisher, such return of the manuscript shall be deemed final authorization by Municipality to
publish the Code as returned. If additional conferences are requested by the Municipality which
require the travel of a member of the staff of Publisher, then the Municipality shall be advised
what the additional cost, if any, for such conference will be.
(18) Deliver to the Municipality, within 3 months of receipt of the corrected manuscript, 25 printed
copies of the Code meeting the following specifications:
(a) Type to be as shown in the attached Exhibit A or B, at the option of the Municipality;
PAGE 2
. .
FORMAT NUMBER OF PAGES DECREASE OR-INCREASE
81/" x 11"
Single-column page 525 $19 per page
0111 81/" x 11"
Dual-column page 375 $23 per page
N
(5) Pay any invoices within 30 days of the invoice date. Invoices outstanding beyond the 30 day
period shall be subject to a late payment equal to 1.5% of the unpaid balance per month, or part
thereof.
III. DISTRIBUTION.
The Publisher shall ship by common carrier, the number of codes or supplements ordered and the
11 Municipality may direct that different portions of the shipment be made at various locations within
the municipality. The Municipality shall be charged Publishers direct shipping costs.
aI IV. OPTIONAL SERVICES.
(1) Five year supplemental service plan: At the option of the Municipality, as exercised in
111 paragraph V below, for a period of five years after delivery of the Code;
(a) The Publisher shall:
11-111 1. Examine the ordinances and resolutions as submitted by the Municipality;
2. Incorporate those materials to be included in the Code according to the subject
11 matter in the existing Code, or where there is no existing legislation on the subject,
into a logical location in the Code.
3. Make necessary changes in wording of the materials to bring about uniformity of
style and to correct typographical errors;
4. Prepare a legislative history of each affected section citing the ordinance or
resolution number and date of passage of the ordinance or resolution;
111 5. Revise or make additional entries to chapter summaries, tables of special ordinances,
cross-reference tables, and general index as necessary to reflect the incorporation of
additional, changed or deleted material.
6. Advise the Municipality of changes in state statutes that materially affect provisions
of the Code based upon such statutes and, unless otherwise directed by the
Municipality, make changes in those provisions in order to bring the Code into
conformity with same.
7. Deliver to the Municipality 25 printed copies of supplemental pages including an
instruction sheet to insure correct replacement of pages.
(b) The Municipality shall:
1. Provide copies of each ordinance or resolution as it is enacted;
PAGE 4
2. Pay to the Publisher the sum according to the format option chosen by the
Municipality:
FORMAT J
RATE J
81/2" x 11"
Single-column page $19 per page
i..
81/2" 11"
Dual-column page $23 per page
The prices above are for a five-year period and cannot be changed except for
adjustments in the second, third, fourth, and fifth years of this agreement to reflect
911
any decrease or increase in the United States Consumer Price Index calculable from
the month of delivery of the Code.
3. Update the Code of Ordinances at least once every 12 months;
En-
sur (c) Term and Termination:
1. Either party has the right to terminate or alter the terms of the supplemental service
plan at any time by serving written notice. This written notice shall be sent at least
ninety days before the projected delivery date of the next supplement. Unless
otherwise specifically agreed upon by the parties, the projected delivery date shall be
the anniversary of the date the Municipality received the Code.
2. Upon completion of the five-year period, this agreement shall automatically renew
itself from year to year except that either party may alter or cancel the terms of this
agreement at any time upon ninety days written notice.
(2) Pamphlets. At option of the Municipality:
(a) Pamphlets, sized for 81/2 x 11 copy, containing component parts of a Code, such as the
Charter, Traffic Code or Land Use Regulation, when ordered prior to commencement of
elprinting of the Code may be obtained at the following prices:
1-50 copies of pamphlet — .075 per impression (printed page)
51-99 copies of pamphlet — .070 per impression (printed page)
100 + copies of pamphlet — .065 per impression (printed page)
(b) Each pamphlet can be separately indexed, however, an additional charge for separate index
will be mutually agreed upon.
(c) Vinyl 3-ring binders with Title and Municipality Name stamped thereon: $10.50 per
binder.
(3) Additional Copies of Code. The Municipality, at its option exercised in paragraph V below may
purchase additional copies of the Code at $60.00 per copy.
I
PAGE 5
4
(4) Folio VIEWS Search and Retrieval program:
01 1) The publisher shall provide the municipality's code in Folio VIEWS format on diskette
with complete instructions and one copy of a manual. $1,695
111 2) On Site Installation & Training $295/ day + Travel Expenses
3) Folio Supplement Service $395
o=.
(5) Land Use Revision If the Municipality desires to have its Zoning, Subdivision and Land Use
Regulations reviewed, revised, and updated, Publisher can arrange for the Municipality to
contract directly with attorneys Robert H. Freilich and Thomas W. Kelty for such land use
consultancy. Publisher will coordinate its codification work with that of Freilich and Kelty.
V. EXERCISE OF OPTIONS. The Municipality, by the initials of the person executing the agreement
on its behalf, exercises the following options:
INITIAL
(1) Format: (Initial one only).
(a) Single-column format as shown in Exhibit A
(b) Dual-column format as shown in Exhibit B
I
(2) Five year supplemental service plan as provided in paragraph IV(1)
(3) Pamphlets, as provided in paragraph W(2), to cover the following subjects:
111 Charter 50 75 100 YES
Traffic and General Offenses Code 50 75 100 YES
1111 Zoning Code 50 75 100 YES
Subdivision 50 75 100 YES
Combined Land Use Regulations 50 75 0
gu 1 0 YES
Other 50 75 100 YES
Vinyl Binders for above YES
Index Pamphlets above YES
111 (4) Additional copies of Code as provided in paragraph IV (3). Number
(5) Folio Search and Retrieval Software
Installation and Training
Folio Supplement Service
PAGE 6
Transmittal As Offer
1111 The transmittal of this Agreement to Municipality unexecuted by Municipality is an offer by Publisher
to perform the stated services at the price and upon the terms and conditions referenced in the
Codification Agreement and Cost/Services Summary shall be subject to acceptance by Publisher's
receipt of the agreement executed by Municipality no later than June 1, 1996 unless such date is
extended in writing by Publisher.
ON IN WITNESS WHEREOF the parties to this contract have hereunto set their hands on the date(s)
indicated:
IN THE PRESENCE OF: THE MUNICIPALITY OF:
011
BY
TITLE
L
DATE
IN THE PRESENCE OF: AMERICAN LEGAL PUBLISHING
CORPORA' 'ION
)ia.41.-e-4;t,e • //
11
BY i ` gr�i�—
Stephen G. ' .lf
TITLE: President
DATE: (6.Yr-6
a
a
PAGE 7
•
•
. • •
...... •
:_. . N. . . . . •
t
•
•
•
•
:: _ , N.
•
•
•
=:'r.' : COMPUTERIZATION PROPOSAL
•
:.
FOR THE
CITY OF ROSEMEAD _
•
_
• •
•
•
•
•
•
•
-
•
•
,.I. -e C -...til. LSI = : E�.,.G
s� vAN
- ' GAS .
Publishing Corporation
-12th Floor.•432 Walnut Street•:Cincinnati, Ohio 45202:',1-800 445-5588• (FAX)-1`513-763 3562:::.-_,::::::7;;..,.7:......,;..-):4-
11
additional charge.
(7) At the option of the Municipality, it may purchase the Infobase Production Kit in order to maintain
the infobase for in-house maintenance of the infobases.
B. THE MUNICIPALITY SHALL:
(1) Make available diskette and printed copies of all material necessary to complete the codification
process.
(2) Pay to the Publisher the following rates for its services:
Scanning and Folio Infobase production
Per printed page $6.50
Per diskette page $3.50
User Fees, per user (one time fee, $2500 maximum) $50.00
Installation and Training for Folio VIEWS
$295.00 per day plus reasonable travel expenses
Infobase Production Kit $895.00
Service Bureau Option, per update $495.00
111
These fees are :a able as follows:
s
Forty-five percent (45%) of base price due upon acceptance of this agreement;
Fifty-five percent (55%) of base price within 30 days after receipt of finished project and submission
of invoice by Publisher;
(3) Pay any invoices within 30 days of the invoice date. Invoices outstanding beyond and the 30 dayperiod
Y
shall be subject to a late payment equal to 1.5% of the unpaid balance per month, or part thereof.
II. GENERAL PROVISIONS
(a) Publisher's Warranty; Indemnification of Municipality; Liability Retained for Sole Negligence
The Publisher represents that it has all legal rights to affect this contract and warrants that the
appropriate patent and copyright laws have been complied with in developing and marketing the
software products described herein.
(b) Software upgrades. Publisher agrees to notify Municipality of any software upgrades as available.
The Municipality reserves the right to purchase any available upgrades and to coordinate any
associated training need with Publisher. Publisher agrees to assist the Municipality in training and
installation of upgrades, if requested, pursuant too related provisions herein.
III. LERM AND 1hRMINATION:
•
Either party has the right to terminate or alter the terms of the supplemental service plan at any time by
serving written notice. This written notice shall be sent at least ninety days before the projected delivery
date of the next supplement. Unless otherwise specifically agreed upon by the parties, the projected
delivery date shall be the anniversary of the date the Municipality received the Code.
I
PAGE 2
I IV. EXERCISE OF OPTIONS The Municipality, by the initials of the person executing the agreement on
its behalf, exercises the following options:
IA) Folio VIEWS v 3.1 INITIAL
1) DOS
1 . 2) Windows
3) Macintosh
B) Users Total Number
C) Installation and Training Number of Days
D) Infobase Production Kit
E) Service Bureau
Option
F) Types of infobases desired: Minutes
Ordinances
Resoltions
IN WITNESS WHEREOF the parties to this contract have hereunto set their hands on the
date(s) indicated:
I
IN THE PRESENCE OF: THE MUNICIALITY OF:
I •
BY
TITLE
IIN THE PRESENCE OF: AMERICAN LEGAL'PUBLISHING
CORPORATION
I .
. 0 ' / BY .„ ! y0 0
Stephen G. W./f
TITLE: President
DATE: a/$/7-6
J
PAGE 3
11,r.,,,,,..,.,........!_•:,...„....::,:;.-:....,,...:,..,....,::,:.::::,....,...:::: .... ... .. .
t.f.„,•••::::....,.--... •••: ., • :. . .
t. t
. .
0.:..... .. .:...%,:,._, ,,,.e.,„...,.::.•••:.._,.:,. ....,..:••.:._,. •., . .
.
•
to
.
. !..,,,,..f,.:-...-„.:-.,..-::::::;-.L., •••• ._ _
• .
R ! -
. .
.11-„,,:‘,,,,,.
3 . ... .
t
• .
. .. . .., ... . . . ..... .... ..
.. . .
.., ,. .,,,L.,,,...._:. •::........,......„......._..........E.:_;. .,1„......,, , ,,,..•.„..„1..,7:_,
izi•••.7 ",::_.,_.,;:i_..A.v.,,•..1„, .. . ..-.-:
t...6:1-..,._.•;;_:•-•. .,,•_.„.,:..,. ...,:.:.;_,„...._........,...:::,i .. • .. _
•
}
. , • . • . . ,, ... . . ....., ..... ..••
•
PROFESSIONAL.SERVICES
ill
CONTENTS: PROPOSAL
SECTION r ,
y
tt
•
•
r �. t .. _. .. • • 'r syltzr tri
•
°! fZ,.:1.1.4.;',1••k. in
•�ks COVED LETTER and • • r = _�T
• r f4
,F ; RECODIFICA,TION x Yk � w K
�_ PROPOSAI, :•
I AZ®SEEA� A.
CALIF ORNIA r
i MCC QUA_QUALIFICATION •S, �k
*Y rf
,> _ SAMPLE PAGES and •
;{
ISYS PRICE LIST II .
•
Ill:'x ATTACHMENTS III
- •
': List of Cities
liri>x t Flyers
}.,g,,,:,:::,:,:.,:„,-..:::_ CA Media Accounts• rr
''� Comparison Sheet IV u NICIP
•
CORPORATION -�
4 s'_L y4 -1. ";':,; - - _ ' tit s t 1 t ,,,, i
..a } Y,M1
4
:d ti
• . .
. .
. . . ...•.• .,•,.
. ,:. ... . • _•,,....
•
. .
._.. .
... ',..,---:-_-,?.:,....:,:,.,..,--,.•:-.:.,.,.-:•:_-:,...::„.-.,s-:,.!:•-„:,,,,-,..,;:-...sa::,....,,.
k
April 15, 1997 � t
•
♦. Ci' - is > c r..,,p
k TS
-- rr...Igt
^y
'C • z _ i tF Jev AMY s�4
T
111
l i 7 f, G
r
•
PROFESSIONAL SERVICES PROPOSAL
The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing
under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to
research, edit, and recodify the Code of the CITY OF ROSEMEAD, CALIFORNIA, a
111 municipal corporation duly organized and existing under state law, hereinafter referred to as
the Municipality, according to the following terms and conditions:
Ma MEMBilli I
• e 0 PA n ;> ::NE`'i < '< `
:.;;:::.;::.;
1tE�UDIF�CATIOlV Off' 11i� fibpE
111
I
(1) ORDINANCES INCLUDED. MCC will, under the supervision of the
Municipality's attorney, recodify the existing Code as updated. The Municipality may forward
ordinances subsequently passed for inclusion in the new Code until notice is received that the
editorial work has been completed. The ordinances may be furnished in hard copy, on diskettes
or via e-mail. If diskettes are provided by the Municipality, MCC may request that a hard
copy of the ordinance(s) be furnished for verification purposes.
(2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the
preparation .of the Code, a copy of the current Code and all ordinances of a general and .
permanent nature passed in final form.
(3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with
the Municipality's attorney. Before the conference with the Municipality's attorney, MCC's
attorney will:
a) State Law. Research the Code and subsequent ordinances to be included in the
new Code against state law. This process will discover inconsistencies and
conflicts with, and preemptions by, the state law.
b) State law references. Update all state law references and append new references •
as necessary.
c) Internal consistency. Research the provisions of the Code and subsequent
ordinances to determine if there are inconsistencies, conflicts or obsolete
provisions.
I
1
1
(4) PRE-CONFERENCE MEMO
gal
and review of the Code, MCC's attorney will prepare an editoriaUpon l memorandum ion of the esettingresearch
forth
the major substantive changes and recommendations for the new Code, to be discussed at the
- editorial conference, which will be scheduled within fifteen (15) days after submission of the
memorandum. This memorandum will delineate the provisions to be deleted and address the
new language to be inserted.
(5) CONFERENCE WITH ATTORNEY. MCC's attorney, who performed the legal
research of the Code, will travel to the Municipality for a conference with the Municipality's
attorney and other interested officials. The following will occur at the conference:
•
a) Issues. Issues discussed will include all inconsistencies and conflicts discovered
— during research, as well as obsolete provisions.
b) Solutions. Recommendations will be made regarding solutions to the issues
discussed.
c) Implementation. Agreed upon solutions will be implemented with the help of
_ MCC's attorney. The Municipality's attorney has the ultimate decision making
authority for solutions and implementation.
d) Sample ordinances. MCC has an extensive collection of Sample Ordinances.
Recommendations will be made regarding new legislation on specific subjects
where there is an obvious need. To facilitate this, the Municipality should
request recommendations on subjects of specific concern. This service can be
continued through the Supplement Service, see Sample Ordinance Service under
Part Two of this proposal.
e) Organization. Organization can be reviewed with the Municipality providing
comments, criticisms or suggestions.
1111 (6) POST-CONFERENCE MEMO
attorney will draft and submit a memorandumoDin ng the substantive changesthe 1esolutions
and
implementations agreed upon. This memorandum is extremely useful upon receipt of the
proofs; it is recommended the proofs be reviewed in conjunction with the conference
memorandum.
(7) EDITORIAL WORK. The manuscript will be prepared to include:
a) Proper phraseology. Concise, modern and
conflicts, ambiguities and repetitious provisions. proper phraseology, without
I
I
2
b) Title or Chapter arrangement. Each title or chapter of the new Code shall
embrace all ordinances of the same subject matter. Within the chapter itself,
the ordinances shall be arranged in an orderly and logical fashion, to include
articles and divisions as necessary. Titles, chapters and sections will be reserved
for future expansion.
c) Table of contents. This table will list the titles or chapters of the Code, and
other applicable major divisions, giving the page number upon which each
begins.
d) Title or Chapter analysis. Each title will list all chapters; each chapter will be
preceded by a detailed analysis listing the sections.
e) Catchlines. Each section will be preceded by a catchline, which shall reflect
!ill the content of the section.
t) History notes. A history note will be prepared for each section of the new Code
unless the section was added during the project. The note will indicate the
IN
source from which the section is derived. If the section is derived from an
existing Code, the appropriate section of that Code, as supplemented, will be
cited, together with amendatory ordinances.
g) Cross references and footnotes. Cross references will be prepared to tie
together related sections of the new Code. Proper explanation will also be made
in the form of footnotes to other unique provisions of the Code.
h) Comparative table. This table sets out all sections of the prior Code included
in the new Code and lists all ordinances included in the Code in chronological
and/or numerical sequence.
III
i) State law reference table. This table will list by state law citation all sections
carrying a reference and their location within the volume.
1111
(8) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all
il editorial work, MCC will nQtify the Municipality in writing that the Code manuscript is ready
for typesetting and printing. No additional ordinances will be included in the Code manuscript
subsequent to such notice.
II
(9) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will
Mg submit one set of proofs to the Municipality for review. The Municipality may make word
changes on the proofs without charge. However, the Municipality will be charged for changes
or deletions constituting more than one page of type.
I
I
4 3
It shall be the duty of the Municipality to return theP roofs, with the changes
indicated thereon within forty-five (45) days from the date of their receipt. If proofs are not
returned within forty-five (45) days, and no notice to the contrary is received by MCC, it will
be assumed that no changes are to be made. MCC will then proceed to print the Code and no
changes shall thereafter be allowed.
IShould the Municipality request to review the proofs beyond forty-five (45) days but
fail to return them within one year, the contract balance shall become due and payable. Upon
mutual agreement regarding time and compensation, MCC shall update the proofs before
delivery of the printed Code.
MCC guarantees typographical correctness. Errors attributable to MCC will be
corrected throughout the term of the contract, without charge to the Municipality. MCC's
liability for all services shall extend only to the correcting of errors in the Code or future
supplements, not to any acts or occurrences as a result of such errors, and only so long as the
contract is in effect.
1 (10) INDEX. After return of the proofs, but before printing, a comprehensive, general
Index for the Code will be prepared. All sections are indexed under major subjects with
111 appropriate section citations. Columnar citations are used to enhance the ease of reference.
(11) PRINTING AND BINDING. When the proofs are returned by the Municipality,
MCC will proceed with printing and binding the Code in accordance with the following:
a) Copies. The number of copies desired by the Municipality will be printed on
50 lb. white offset paper.
111 b) Page format. The page size will be consistent with the format chosen by the
Municipality: 81/2 x 11 inches, single column or 81 x 11 inches, double column
(samples attached).
c) Type size. Various type styles and sizes are available for text. MCC
will
publish the Code in a ten-point type on a twelve-point line unless otherwise
1111 specified by the Municipality. Notice of change must be given prior to the
completion of the editorial work so that the impact upon cost can be determined
and discussed.
d) Tabular matter. Tables, drawings, designs, Algebra formulae, or other material
which require engraved cuts or special methods of reproduction, will be no
additional charge.
e) Binding. MCC will bind copies of the completed Code in expandable post type
binders, each with slide lock fasteners and with black imitation leather covers
stamped in gold leaf. Color choices available for a slight charge. D-ring
binders are also available.
4 4
f) Separator tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both
sides) for the bound Codes. The tabs will reflect the major parts or chapters
of the Code volume.
g) Reprints of chapters. Additional copies of specific chapters or portions of the
Code, e.g. zoning regulations or Police Manual containing selected sections, may
be ordered for binding in paper covers for separate distribution or sale. Prices
will be furnished upon request.
(12) CODE IN ELECTRONIC MEDIA. The electronic Code can be provided in most
word processing programs like WordPerfect or WORD. Alternatively, the Code can also be
provided in a generic text form like ASCII. The Code can be furnished on 31/2" disk, CD-
ROM, or via the Internet or modem.
(13) INFORMATION RETRIEVAL SOFTWARE. MCC offers the following
ill information retrieval software programs, all of which are compatible with the Code in electronic
media as described above:
Ia) Socrates. This is MCC's information retrieval software which is integrated with
the Code in WordPerfect, WORD or ASCII. MCC performs the integration and
provides support to Socrates users. The software affords easy "exportation" of
1111 language to your word processing software for drafting and amendatory
purposes. Utilizing your existing word processing program eliminates learning
new editing commands and allows new ordinances to follow existing procedures.
Socrates is available for DOS and Windows.
I
b) ISYS. ISYS is the program from which Socrates is derived. It is a
Icommercially available information retrieval software which instantly locates any
document(s) tontaining references to a word, phrase, or combination thereof.
It can be used on any files you designate, not just the Code (including minutes,
I letters, invoices, etc). Additionally ISYS supports over 25 different word
processing programs. ISYS is available for DOS and Windows.
Ic) Folio VIEWS. Folio VIEWS offers a powerful, context-sensitive, on-line help
system for immediate assistance to inquiries. The customized menus offer robust
functionality and speedy start-up access to your information. Every word in an
Iinfobase is indexed. Type in a word, a phrase or a query and watch the Query
Map display the search results. With a click of the mouse, users can jump to
the points of information they need. Information retrieval capabilities include
Istandard boolean search operators, phrase searching, proximity searching and
word stemming to include word variations and synonyms in searches. Folio
VIEWS is available for DOS, Windows and MacIntosh.
I
I
' 5
•
141
(14) SUPPORT AND TRAINING. MCC offers a generous support and training policy.
Telephone support is available during working hours by calling our toll free number, 1-800-
262-CODE. Our personnel can usually resolve problems in one phone call. Phone support is
free of charge. While MCC does not physically install the software, our support personnel are
available for consultation during the installation. On-site training is also available, quotation
upon request.
01 (15) INTERNET CONNECTION. Should the Municipality desire to place the Code on
the Internet, it may be included on MCC's home page (http://www.municode.com). This home
page contains a growing collection of Codes of Ordinances, and is available to anyone with
Internet access. A link to the municipality's home page can also be provided with this service.
The fee includes updating the Code on the Internet with all Supplements completed.
(16) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the project, MCC
will ship the Code as directed by the Municipality. At this time, MCC's attorney will furnish
the Municipality with a suggested adopting ordinance. Once the Code has been adopted, a copy
of the ordinance should be sent to MCC, so that it can be included in the Code as part of the
first Supplement.
111I
4
I
I
1 6
RI
PtT Two
SUPPLEMENT SERVICE
(1) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality
shall forward to MCC copies of the ordinances upon final enactment by the Municipality. The
ordinances may be furnished in hard copy, on diskettes or via e-mail
(ords@mail.municode.com). If diskettes are provided by the Municipality, it may be requested
that a hard copy of the ordinance(s) be furnished for verification purposes.
(2) SCHEDULE. After shipment of the new Code MCC will keep the Code up-to-
date by the publication of Supplements which will contain the new ordinances of a general and
permanent nature enacted by the governing body. The Supplements will be published on a
schedule to meet the requirements of the Municipality. A minimum of thirty (30) working days
will be required for delivery of a printed Supplement.
(3) ELECTRONIC SUPPLEMENTATION. If the Municipality has chosen to receive
the Code in electronic media, as set out in Part One of this agreement, MCC can provide the
Supplements electronically on a schedule to meet the Municipality's needs, e.g. monthly or
bimonthly. The Municipality may choose to have hard copy Supplements printed less frequently.
The electronic media will.reflect the entire Code as updated through the most recent
Supplement.
(4) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of
MCC's editorial staff in conjunction with the existing provisions of the new Code. The pages
of the Code containing provisions that are specifically repealed or amended by ordinance will
be changed to remove such repealed or amended provisions and to insert the new ordinances.
Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances
are included, the Municipality will be notified so that remedial action may be taken.
(5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended
to the new sections as deemed necessary by the editor.
(6) INDEX AND TABLES. When the inclusion of new material necessitates changes
in the index, appropriate entries will be prepared and the necessary pages of the index will be
11 changed to include the new entries.
The Comparative and State Law Reference Tables will be kept up-to-date to reflect
111
the new ordinances and state law citations, if any, included in each Supplement. The Table of
Contents will also be kept current to reflect changes in the Code.
I
� 7
iiii
(7) INSTRUCTION SHEET. Each printed Supplement will
PP contain a page of
PI
I instructions for removal of the obsolete pages and insertion of the new pages. The latest
ordinance included in the published Supplement will be noted in boldface type on the Instruction
Sheet.
PIi
1111
(8) CHECKLIST. A checklist of up-to-datea es will be re
kept current
for the benefit of the hard copy user. The checklist of up-to-date pages dwill dallow instant
111111
determination of whether the user is relying on a page reflecting current ordinances.
iii (9) TABULAR MATTER. Should the Supplement contain tables, drawings and the like
for which special typesetting or other methods of reproduction are required, the costs will be
charged as set out herein.
II
(10) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the
Ill Code, including appropriate index pages, can be kept up-to-date at the same time the Code
volume is supplemented.
111
(11) SAMPLE ORDINANCE SERVICE. Samplerovisio of specific subjects will
be furnished upon request. A sample index will be furnished for use in requesting the desired
sample provisions.
ii
41 (12) SHIPMENT. All supplements will be shipped to the Municipality for distribution
to the holders of the Codes. However, storage, distribution and billing services for outside
users are available through MCC's Distribution Services. Prices will be furnished upon
111 request. The Municipality will have the exclusive right to sell the Codes and Supplements.
III (13) TERMINATION. The Supplement Service provided under this Part Two will be
in full force and effect for a period of three (3) years from the date of shipment of the
completed Code to the Municipality. Thereafter, the Supplement Service will be automatically
4 renewed from year to year, provided that either party may alter or cancel the terms of this Part
Two upon sixty (60) days' written notice.
4
4
I
I
8
QUOTATION :SHEET
PART ONE - RECODIFICATION:
(1) BASE COST, includes $11,000
a) Legal Review
b) Sample Ordinance Service
c) Conference with MCC Attorney
d) Conference Memorandum
e) Editorial Work
M 0 Typesetting and Proofs
g) Indexing
h) Printing and Binding
ill
i. Number of copies
ii. Number of binders , 25
25
Miii. •Number of sets of special order tabs
iv. Estimated pages (please choose desired format)' 25
111 0 8' x 11 inches, single column 550
0 8'/z x 11 inches, double column 375
111 (2) BASE COST DOES NOT INCLUDE:
a) Pages in excess of those listed above will
1 be billed as follows:
i. 81 x 11 inches, single column - $18
111 ii. 81/2 x 11 inches, double column $22
b) Tabular matter, additional per page No additional cost
IIIc) Freight charges
none
(3) ADDITIONAL SERVICES AVAILABLE:
I
a) Reprints of chapters quotation upon request
1 b) Code on computer
Ii. Code in WordPerfect or WORD only no charge
ii. Data integrated with Socrates or
IA page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages.
i9
:- _ r
it
aFolio VIEWS with WordPerfect 5.1 or
WORD commands embedded, or in ASCII,
1111 one license (includes handling) $515
iii. Each additional license
$100
iv. Site license for up to 20 users $1,500
INc) ISYS information retrieval software
for all documents see attached price list
d) Code on the Internet quotation upon request
ill (4) PAYMENT FOR RECODIFICATION. (May be scheduled through two
budget years.)
111 a) Upon signing of the contract $3,000
b) Upon completion of the conference $3,000
c) Upon receipt of proofs $3,000
11 d) Balance upon delivery of Code.
11 PART TWO - LOOSELEAF SUPPLEMENT SERVICE
(1) NUMBER OF PRINTED COPIES 25
1 (2) SUPPLEMENT SERVICE, Cost per page
ill a) 81/2 x 11 inches, single column $18
b) 81/2 x 11 inches, double column $22
c) Updated Code in electronic media
4 One set of disks or CD-ROM, per Supplement $50
(cost in addition to regular Supplement
per page charge)
d) Additional sets of updated disks or CD-ROM,
I per set $25
(3) ELECTRONIC SUPPLEMENTATION Quotation upon request
I
(4)` SAMPLE ORDINANCE SERVICE - during the first year
following shipment of the Code No charge
I
(5) PAYMENT FOR SUPPLEMENT SERVICE
Ia) Payment for the Supplement Service will be due upon
receipt of an invoice. Supplements will be invoiced
when shipped.
I b) Freight charges for the supplements will be prepaid and
invoiced at time of fmal billing.
I •
10
s
7v
The terms of this agreement shall remain in force and effect for a period of ninety
(90) days from the date appearing below, unless accepted by the Municipality.
I
Submitted by:
MUNICIPAL CODE CORPORATION
to 01.6k/ ' 'resident •1
111
April 15, 1997
Accepted by:
ROSEMEAD, CALIFORNIA
I
I
Witness Title:
I
Date
I
I
I
I
11