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HomeMy WebLinkAboutAuthorize City Manager to sign an Agreement for Codification Services Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager SUBJECT: Codification Services for the City of Bozeman MEETING DATE: March 23, 2009 RECOMMENDATION: Authorize City Manager’s signature on agreement for Codification Services with Municipal Code Corporation. BACKGROUND: The City of Bozeman’s codification of City Ordinances has not taken place since November of 2001. The purpose of codification is to arrange and systematize the City’s laws. It is the duty of every municipality to maintain its laws in a comprehensive, up-to-date and understandable form in a location that the average citizen can find and use. The last codification was conducted by Lexis- Nexis who has since been purchased by Municipal Code Corporation. The City Clerk’s Office received quotes from 2 codification companies. Municipal Code Corporation’s original base price was $27,800 and Sterling Codifier’s base price was $17,000. Organization of the City’s data base of Ordinances took place and Interim City Attorney reviewed both quotes to make sure that each was based upon the same information. In light of the economy, letters were written to these companies asking if they could reduce their base prices. Sterling Codifier’s held to their original quote of $17,000 while Municipal Code Corporation reduced their quote to $16,140, a savings of $11,660. Municipal Code Corporation also split the base cost into 4 payments that can be budgeted over two fiscal years. This company has codified for many large Cities in Montana. The Clerk’s Office’s recommendation is to authorize the City Manager to sign the contract with Municipal Code Corporation at a total price of $16,140. ALTERNATIVES: As suggested by the City Commission. UNRESOLVED ISSUES: None. FISCAL EFFECTS: $8,840 will be paid from the City Manager’s – City Clerk budget within fiscal year 2008-2009 and $7,300 will be budgeted in 2009-2010. It is estimated that the annual costs will be around $3,000 per year to keep the code up to date which will fluctuate due to the amount of updating that may occur. 28 Respectfully submitted, __________________________________ ___________________________________ Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager Attachments: Municipal Code Corporation Original quote from June, 2008 Municipal Code Corporation Revised quote from March, 2009 Sterling Codifier’s quote from July, 2008 Interim City Attorney’s comparison of Quotes. 29 June 17, 2008 Ms. Stacy Ulmen, City Clerk City of Bozeman P. O. Box 640 Bozeman, MT 59715 Dear Ms. Ulmen: Thank you for your interest in Municipal Code Corporation (MCC) and the services we provide to local governments. We understand your community has unique needs and we offer a variety of services to meet those needs. ABOUT THE MCC CODIFICATION PROCESS. MCC’s approach to codification sets the standard in the industry. Our projects start with a conference call to outline specific issues or concerns you, or other interested officials, may have. After hearing your specific concerns we will describe detailed information on the scope of the project. After you send the material, every ordinance will be recorded and we will confirm receipt of each one to be included in the project. MCC converts all appropriate material to an editable electronic form and begins building the Legal Manuscript. The Legal Manuscript is the working document MCC’s staff attorney uses to review the code. It outlines the issues and recommendations resulting from the legal review. Once the Legal Manuscript has been completed, the staff attorney will conduct a conference. At conference, the issues and recommendations will be discussed and a plan for implementing decisions created. After the conference, MCC will implement the decisions, edit for consistency and provide proofs for review. Upon return of the proofs, MCC will make the appropriate corrections as outlined on the proofs, create a new index and ship the Code in print and electronic form. WHY USE MCC? MCC is the oldest and largest codifier of local government Codes. However, we are family owned and operated which translates into an extremely high level of professionalism and customer service. Our clients tell us the following distinguishes MCC as the best: STAFF ATTORNEY – One staff attorney is the primary point of contact throughout every step of the process. They actually perform the legal research, as opposed to reviewing a paralegal’s work, and are available to consult with you at anytime during the project. ATTORNEY CONFERENCE – Our attorney conference is unique to MCC. Our attorney takes the time to listen to your input as well as other interested officials’ input; we find the conference is the best tool for assuring the Code accurately reflects the intent of the ordinances enacted by the officials. LEGAL MANUSCRIPT – MCC provides the entire Code, including legal recommendations, as one electronic document. This eases your review and facilitates dissemination amongst Departments. EDITORIAL EXPERTISE – MCC’s editors and proofreaders are experienced in assuring your code is readable, consistent and concise. They support and implement the attorney’s recommendations. 30 2 SAMPLE LEGISLATION WEBSITE – You can search our website of more than 1,600 Codes for almost any imaginable topic. DISTRIBUTION - MCC can provide free services for the sale of Codes and Supplements to the outside subscribers. SUPPLEMENTATION – We can provide any interval of Supplements in print or electronic form and post your uncodified ordinances to the web in between Supplements. Delivery of the update is normally 2-6 weeks depending on the number of ordinances included. TECHNOLOGY – MCC has a proven track record of investing in technology that benefits our customers. You can be assured of access to the best search engines, the fastest Internet connections, advanced communication channels and sophisticated publishing tools over the life of the project and throughout Supplementation. If you have any questions or desire additional information, please call and speak with me, Faye Creel, or Dennis Heller, our Sales Representatives. We will also be happy to schedule a conference call or webinar with all interested parties, or meet with you personally. Sincerely, Danielle Galvin Vice President - Marketing DTG/sl Enc. info@municode.com 800-262-2633 31 3 TABLE OF CONTENTS EXECUTIVE SUMMARY .....................................................................................4 SCOPE OF WORK................................................................................................6 RECODIFICATION QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA ..............................................................................................................9 SUPPLEMENT SERVICE..................................................................................10 ADDITIONAL SERVICES ..................................................................................11 SUPPLEMENT SERVICE QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA......................................................................................12 MCC RESUME........................................................................................14 CODE ON COMPUTER FLYER.............................................................17 32 4 PROFESSIONAL SERVICES PROPOSAL FOR RECODIFICATION EXECUTIVE SUMMARY Municipal Code Corporation will provide you and your Code subscribers the highest level of service. Our corporate goal is to focus on the details of each need. MCC works as a team and many of our team members have been with MCC for more than 10 years. They are creative, good communicators, ask questions and leverage their experience to solve problems. The company was founded in 1951 and offers services to local governments nationwide. We have published and supplemented more than 3,500 Codes. With more than 55 years of experience, MCC has fine-tuned its operations to offer you the most efficient and affordable codification and publishing services available. From creating or updating a Code to shipping a Supplement, MCC assures the fastest, most accurate delivery of customized services. We work hard to maintain the high level of service our Clients have come to expect Customer Service/Sales Approach Our focus on service begins with our sales approach. The Sales Staff works with more than 3,500 accounts, one person at a time. Our response time to inquiries is normally a couple minutes via e-mail (constantly monitored) or within the half-hour for phone communication. Customers frequently send notes and emails reminding us how rare it is in today’s business to respond quickly; however, we make it a priority. MCC is a family-owned, medium sized business, which means our clients receive a level of personal service unparalleled in the industry, but we have the resources to handle complex custom issues. Our size also allows us to provide extra editorial and technological resources an otherwise smaller firm can’t offer. Our most valuable assets are our customers and our reputation. We earn our reputation by offering helpful suggestions and solutions for your unique situation. Legal/Editorial Approach MCC’s legal and editorial staff is organized in teams. This provides for consistency in editing, understanding and reaching a level of quality. As the attorney communicates with you directly, the project needs are shared with the entire editorial team. We employ 13 full-time staff attorneys, one of whom will research and analyze your legislation. We encourage our legal team to become thoroughly familiar with your Code and your staff. This results in a rapport between you and the team and assures a high degree of consistency, attention and professionalism in codifying and updating your Code. In many states, we provide free, State Law Pamphlets to notify our Clients of changes in State Laws affecting local governments. Software Solutions MCC focuses on technology that benefits our customers. We have created products that are affordable and meet the ever-changing needs of our customers. MCC handles all electronic services in house. We offer all format/database options (Word, WordPerfect, HTML, ASCII, RTF, PDF, XML), and all choices of mediums (floppy disks, CDs, downloading from our website, e-mail etc.). We consider technology a “core competency” and are committed to staying abreast of technology for your benefit. MCC provides specialized Government focused electronic products that provide diverse access to your Code by citizens and departments. We provide web access via industry standard browsers on PC and Mac platforms. 33 5 Employee 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 has a Health and Fitness Gym with showers and a walking trail through our 10-acre campus. MCC also provides employees a Quarterly Production Reward system based on the profits of the company. Through this incentive, our employees feel an ownership in the own company. 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. Orders may be placed online on our website, via e-mail, over the phone, fax or regular mail. Association Support MCC supports many Clerk, Attorney, Municipal and County Associations, additionally we partner with the International Institute of Municipal Clerks and International Municipal Lawyers Association to provide services to their members. Our Vice President of Sales, Dale Barstow, is also the President of the Municipal Clerks Education Foundation. All of this support is motivated by our desire to “give back” to the people who have made us successful, as well as our goal to stay close to our Customers. MCC is keenly interested in assisting you with your needs and we feel our focus, company and personnel perfectly match your goals. We appreciate your interest and look forward to your review of the rest of our information. 34 6 SCOPE OF WORK MUNICIPAL CODE CORPORATION, a corporation duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to perform codification services for the CITY OF BOZEMAN, MONTANA, hereinafter referred to as Client. MCC will research, edit, index and publish (both in print and electronically) the finally enacted legislation Client specifies for inclusion in the Code. Material Included. All legislation of a general and permanent nature, passed in final form by the Client, as of the cut off date established by the MCC attorney (usually after conference), 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 codification process 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. Research of minutes can be provided as agreed upon by the Client and MCC. 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 Client: 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. Ordinance Research Tools. To facilitate finding sample provisions during this project, MCC will provide the Client with two (2) subscriptions to the Multiple Code Search Service. This will allow the Client to provide two (2) people with access to the search software on our website for full state searching (see Additional Services). MCC will also provide samples of provisions, as requested during the project. Supplementing Existing Code during Codification. MCC can provide Supplementation Services, electronic options and web hosting for the existing Code while the codification project is underway. MCC can update the existing Code on any schedule the Client desires. MCC can also provide Electronic Updates in lieu of Printed Supplements during this project. All service options are described in greater detail in the Supplement Service portion of the proposal. Legal and Editorial Work. MCC will 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 Client’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 Client against the State Constitution, State Law, the Charter (if the Client 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 Client. • Legal Manuscript. MCC will submit a legal manuscript for the Client’s review. This manuscript will reflect the MCC attorney’s legal review and will contain the substantive provisions of legislation provided by the Client and with proposed changes. Recommendations by MCC’s attorney will be provided and discussed with the Client. The legal manuscript will be provided in electronic form; a printed copy can be provided upon request. 35 7 • 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 Client’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 Client’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 Client 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 Client and MCC’s attorney are correct. • 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 Client. 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 Client can be created. • Graphics. MCC will add the graphics when provided by the Client 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. Proofs. After editing and proofreading, proofs incorporating solutions captured in the legal manuscript will be delivered to the Client. The proofs are an updated legal manuscript indicating agreed upon changes as decided by the Client. The proofs will have been edited and proofread, though they will not contain all of the tables and the subject matter index and will not be in final form for printing. A sample of the finished Code format will also be provided. 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. Delivery of Code. • Printing and Binding. The number of copies selected by the Client will be printed in the chosen format and delivered to the Client. Color printing is available at an additional charge. Standard binding for the Code is three-post, expandable, black, leatherette binders with gold, silver or white stamping. Alternate binders, such as D-ring or polyvinyl, are available. Binder colors can be reviewed at www.municode.com under the Products link. A Seal or logo can be added in addition to the text on the front and spine of the binder, if desired. Divider tabs for each major section of the Code and Index are also provided. 36 8 • Reprints or Pamphlets. Selected Chapters, or combinations of Chapters, may be reprinted for distribution. Pamphlets are provided separately, based upon then current price list. They can be provided with binders, paper covers, tabs and all other standard publishing options. MCC can also provide these to subscribers. See Distribution under Additional Services. Electronic Code. The Code will be furnished in any electronic medium and format (Internet, CD-ROM, Word, WordPerfect, Text or RTF, PDF, or integrated with search engine, etc.) selected by the Client. Attached is a current list of options; an updated list of options will be provided upon shipment of proofs so selections can be made from then current services. Client Responsibility. The Client agrees to: • Amendatory Legislation. The Client shall immediately forward all adopted legislation (including amendments, the Charter, Special Acts and other pertinent rules and regulations having the effect of law) to be codified on a continual basis. Submission should be timely and can be sent in electronic, fax or printed form. • Review. The Client shall review, modify and/or approve the proposed Table of Contents and organization of the Code, page format, font type and size, approve number of copies to be printed, binder colors and choice of electronic format. • Participation of Attorney. Ensure the Client’s Attorney and other interested personnel attend and participate in the project, including on-site or teleconference and review of the proofs. • Submission of data. The Client shall provide data, graphics and tables of the highest reproducible quality, preferably in their original, electronic format. Provide a black and white line art seal or logo for the binders, if desired. • Proofs. The Client will review and return the proofs within 45 days of receipt. Changes to the text should be marked directly on the proofs. Please note delaying the return of proofs can delay the project due to the amount of additional legislation passed subsequent to submission of proofs. Changes not discussed at conference, deletions and additions to the proofs may result in a proof update fee. Should the Client fail to return proofs within five (5) months, the balance of the contract shall become due and payable. Additional copies of proofs can be provided upon request. 37 9 RECODIFICATION QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA Base Cost, includes $27,800 • Receipt, review and organization of materials • Ordinance Research Tool (2 licenses) • Preparation of Legal Manuscript • 25 Copies, to include binders and tabs • Adopting Ordinance • Legal Work • Editing • Proofreading • Proofs • Indexing • Code on Internet, first year1 • Base number of pages Options that may apply to the above project: • Font (Arial, Times New Roman, New Century Schoolbook) • Please indicate conference choice ‰ On-site Conference, each OR $2,000 ‰ Teleconference or Web based conference, per 3 hour session $250 • Additional pages over the base, per page $22 • Additional material amended or added after conference, per page $22 • Black and White Graphics, each $10 • Color Graphics (includes printing), each $25 • Additional Copies/Binders/Tabs Quotation upon request • Freight Actual freight • State Sales Tax If applicable Additional Services available with the above project: • Reprints of Chapters or Portions of the Code Quotation upon request • Distribution of Codes and Supplements No Direct Cost to Client • Electronic Media Options See attached information Payments for Codification Services2 • Execution of Agreement $8,340 • Submission of the Legal Manuscript $6,950 • Submission of Proofs $6,950 • Delivery Balance 1 Subsequent years $400 a year. 2 Payments can be scheduled through two (2) budget years. Please select a Page Format and Font Size Single Column Page Format (circle one) Double Column 10pt 11pt Font Size (circle one) 12pt Estimated pages based on page format and font size Font Size Page Format 10pt 11pt 12pt Single Column 1650 1900 2060 Double Column 1180 1360 1475 38 10 SUPPLEMENT SERVICE After publication of the new Code, MCC will continue to maintain the Code as legislation is enacted. Material. The Client should forward a copy of legislation upon enactment. Material is preferred in an electronically editable format and should be sent to ords@municode.com. Every ordinance sent to MCC will be acknowledged via e-mail. A complete list of legislation recorded in an update will be provided. Legislation can also be provided via fax or print. MCC will hold legislation pending a schedule or begin the job as established with the Client. Editorial Work. The Supplement editorial team, consisting of a legal editor, proofreader and indexer, will review the legislation to determine proper placement within the Code. MCC will adhere to the structure and style contained in the ordinance unless changes are required to ensure consistency in the Code. The team will also update the Table of Contents, catchlines, reference tables and index. Additionally, an instruction sheet will be created to advise how to insert and remove pages. A Checklist of Up-To-Date pages will be created to indicate the most recent source from which each page in the Code is derived. Editorial notes will be appended to sections that require additional explanation. A separate Supplement will be created for any pamphlets derived from the Code. Printed Supplements. Amendments to the printed Code occur in the form of Printed Supplement 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 page rate. Electronic Updates. Amendments to the electronic version of the Code (CD, Internet, Folio, PDF, etc.) can be provided on their own schedule, or accompany Printed Supplements. Electronic Updates appear in the proper place and a fully searchable, complete Code will be delivered. Electronic Updates are included in the base page rate and clients who receive both Electronic Updates and Printed Supplements receive the Printed Supplements at no charge. Schedule. Amendments are provided on a schedule designed to meet the needs of the Client. The schedule can be weekly, biweekly, monthly, bi-monthly, quarterly, tri-annual, semi-annual, annual or upon authorization. Electronic Updates can occur on a more frequent schedule than Printed Supplements. Additional Provisions. MCC can add additional provisions (e.g. charter, zoning, land development regulations) into the Code through the Supplement service. They will be included in a Supplement or as a separate project and appropriate updates will be made to the Code and tables. Additional divider tabs or binders will be provided as necessary. MCC will advise of all options and applicable costs. 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 Client send in legislation in editable format via email for inclusion in the Code. This allows the legislation to be searchable on the Internet site along with the Code. Delivery. Printed Supplements to the Code and pamphlets, if ordered, will be delivered in bulk to the Client, unless Client chooses to utilize MCC’s Distribution Services. The website will be updated upon shipment of the printed supplement or as Electronic Updates are delivered. 39 11 ADDITIONAL SERVICES Distribution. Fulfillment services are available to distribute individual copies of Codes and Supplements to departments or subscribers at no additional fee to the Client. MCC can sell the Codes, Supplements, chapter reprints, binders and tabs at a pre-determined price. MCC assumes all risk and expense for providing these items. Orders can be placed through our online ordering, via fax or mail. More detailed information about distribution services will be provided after the return of the proofs. Future Legal Review. At any point during the term of this Agreement, or extensions thereof, MCC can provide additional legal review to identify inconsistencies, obsolete provisions or compare the Code to current State Law. State Law references can be updated in conjunction with this legal review or as a separate engagement. Multiple Code Search Service. Initial subscription for this service is provided within this agreement at no charge. You may choose to continue your subscription after the initial year. This service provides a simultaneous access to more 1,600 Codes on our website, searchable by state. Additional single and multiple user options are available. Electronic Records Management Software. MCC offers records management software as an additional service under this agreement; MCCi, a subsidiary of MCC, can provide the Client with electronic records management software, installation and training services. This software will allow for storage, retrieval and imaging of documents. Pricing information for the software and related services can be supplied upon request. Document Scanning Services. MCCi can provide document scanning services as an additional service under this contract. MCCi can scan and/or integrate the Clients documents with Electronic Records Management software. MCCi provides a 99.9% data capture guarantee on all service work. Pricing information for this service can be supplied upon request. Paperless Agenda Software. MCCi can also provide paperless agenda software as an additional service under this contract. This is an agenda management solution designed specifically for local governments and will save time and money by streamlining the process of Agenda item creation, workflow, and Agenda publishing. Pricing information for this paperless agenda software can be supplied upon request. MuniBill$ Services. MCCAdvantage offers billing, statement and remittance processing services as an additional benefit under this agreement. MCCAdvantage, a subsidiary of MCC, can provide the client with design, printing and mailing services for customer billing/statements of all types. These services also include remittance payment options, software and other billing solutions. Pricing information for these services can be supplied upon request. 40 12 SUPPLEMENT SERVICE QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA Supplement Service Base Page Rate Page Format Base Page Rate Single Column $20 per page Double Column $24 per page Base page rate above includes • Acknowledgement of Material • Data conversion, as necessary • Editorial Work • Proofreading • Indexing • Updating Electronic versions, including Internet • Printing 25 Supplements Please Circle Preferred Supplementation Schedule3 Below: Electronic Updates Annual Semi-annual Quarterly Bi- Monthly On Request Printed Supplements Annual Semi-annual Quarterly Bi- Monthly On 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 • State Sales Tax If applicable • Electronic delivery handling fee, per product $75 • Multiple Code Search, after the first year $200 • New Ordinances on the Web (NOW), no editing, 3-5 day turnaround, per ordinance $25 Electronic Records Management Software Quotation upon request Document Scanning Services Quotation upon request Paperless Agenda Software Quotation upon request MuniBill$ Services Quotation upon request Payment for Supplement and Additional Services Invoices will be submitted upon shipment of project(s). 3 Schedule can be changed at any time during the contract. Information on Weekly, Bi-weekly and Monthly Supplement schedules are available upon request. 41 13 This proposal shall be valid for a period of ninety (90) days from the date appearing below unless signed and authorized by MCC and the Client. Term of Agreement. This Agreement shall begin upon execution of this Agreement and end three years after the publication date of the new Code. Thereafter, the Supplement Service shall be automatically renewed from year to year provided that each party may cancel or change this agreement with sixty (60) days written notice. Submitted by: MUNICIPAL CODE CORPORATION MCC President/CEO: _______________________ Witness: _________________________________ Date: ___June 17, 2008_____________________ Accepted by: CITY OF BOZEMAN, MONTANA By: _____________________________________ Title: ____________________________________ Witness: _________________________________ Date: ____________________________________ 42 14 QUALIFICATIONS For the last 55 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 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) Legal: Diane J. Kyrus, Vice President – Codes B.A., Old Dominion University; J.D., William and Mary School of Law Will have overall supervision of the project. Ms. Kyrus will assign the MCC staff attorney, who will perform all legal review, research and recommended language for the new Code. The same attorney will attend the manuscript conference. (2) Project Coordinator: Danielle Galvin, Vice President - Marketing 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. 11 years’ of Project Management/Customer Service Experience (3) 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. 43 15 Starlett Lovel 32 years’ of experience in typesetting, editing and composition of Codes and Supplements. Norman Williams 33 years of experience in commercial printing and binding. (4) Indexing: 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 LaRae Chasteen, Systems Analyst 9 years’ experience publishing, 5 years’ developing custom Windows based applications 44 16 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. 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 Town 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. Viletta J. Coombs, B.A., Spelman College; J.D., Northeastern University of Law; Former Law Clerk for the Missouri Court of Appeals-WD and the Jackson County Circuit Court, Kansas City, Missouri; 6 years of practical legal experience; Member of the Florida Bar. 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. 45 17 46 March 3, 2009 Ms. Stacy Ulmen City Clerk City of Bozeman P. O. Box 1230 Bozeman, MT 59715 sulmen@bozeman.net Dear Ms. Ulmen: Thank you for your interest in Municipal Code Corporation (MCC) and the services we provide to local governments. We understand your community has unique needs and we offer a variety of services to meet those needs. ABOUT THE MCC CODIFICATION PROCESS. MCC’s approach to codification sets the standard in the industry. Our projects start with a conference call to outline specific issues or concerns you, or other interested officials, may have. After hearing your specific concerns we will describe detailed information on the scope of the project. After you send the material, every ordinance will be recorded and we will confirm receipt of each one to be included in the project. MCC converts all appropriate material to an editable electronic form and begins building the Legal Manuscript. The Legal Manuscript is the working document MCC’s staff attorney uses to review the code. It outlines the issues and recommendations resulting from the legal review. Once the Legal Manuscript has been completed, the staff attorney will conduct a conference. At conference, the issues and recommendations will be discussed and a plan for implementing decisions created. After the conference, MCC will implement the decisions, edit for consistency and provide proofs for review. Upon return of the proofs, MCC will make the appropriate corrections as outlined on the proofs, create a new index and ship the Code in print and electronic form. WHY USE MCC? MCC is the oldest and largest codifier of local government Codes. However, we are family owned and operated which translates into an extremely high level of professionalism and customer service. Our clients tell us the following distinguishes MCC as the best: STAFF ATTORNEY – One staff attorney is the primary point of contact throughout every step of the process. They actually perform the legal research, as opposed to reviewing a paralegal’s work, and are available to consult with you at anytime during the project. ATTORNEY CONFERENCE – Our attorney conference is unique to MCC. Our attorney takes the time to listen to your input as well as other interested officials’ input; we find the conference is the best tool for assuring the Code accurately reflects the intent of the ordinances enacted by the officials. LEGAL MANUSCRIPT – MCC provides the entire Code, including legal recommendations, as one electronic document. This eases your review and facilitates dissemination amongst Departments. 47 2 EDITORIAL EXPERTISE – MCC’s editors and proofreaders are experienced in assuring your code is readable, consistent and concise. They support and implement the attorney’s recommendations. SAMPLE LEGISLATION WEBSITE – You can search our website of more than 1,700 Codes for almost any imaginable topic. DISTRIBUTION - MCC can provide free services for the sale of Codes and Supplements to the outside subscribers. SUPPLEMENTATION – We can provide any interval of Supplements in print or electronic form and post your uncodified ordinances to the web in between Supplements. Delivery of the update is normally 2-6 weeks depending on the number of ordinances included. TECHNOLOGY – MCC has a proven track record of investing in technology that benefits our customers. You can be assured of access to the best search engines, the fastest Internet connections, advanced communication channels and sophisticated publishing tools over the life of the project and throughout Supplementation. If you have any questions or desire additional information, please call and speak with Alicia Bywaters, Danielle Galvin, or me. We will also be happy to schedule a conference call or webinar with all interested parties, or meet with you personally. Sincerely, A. Lawton Langford President/CEO ALL/amb Enc. info@municode.com 800-262-2633 48 3 TABLE OF CONTENTS EXECUTIVE SUMMARY .....................................................................................4 SCOPE OF WORK................................................................................................6 RECODIFICATION QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA ..............................................................................................................9 SUPPLEMENT SERVICE..................................................................................11 ADDITIONAL SERVICES ..................................................................................12 SUPPLEMENT SERVICE QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA......................................................................................13 49 4 PROFESSIONAL SERVICES PROPOSAL FOR RECODIFICATION EXECUTIVE SUMMARY Municipal Code Corporation will provide you and your Code subscribers the highest level of service. Our corporate goal is to focus on the details of each need. MCC works as a team and many of our team members have been with MCC for more than 10 years. They are creative, good communicators, ask questions and leverage their experience to solve problems. The company was founded in 1951 and offers services to local governments nationwide. We have published and supplemented more than 3,500 Codes. With more than 55 years of experience, MCC has fine-tuned its operations to offer you the most efficient and affordable codification and publishing services available. From creating or updating a Code to shipping a Supplement, MCC assures the fastest, most accurate delivery of customized services. We work hard to maintain the high level of service our Clients have come to expect Customer Service/Sales Approach Our focus on service begins with our sales approach. The Sales Staff works with more than 3,500 accounts, one person at a time. Our response time to inquiries is normally a couple minutes via e-mail (constantly monitored) or within the half-hour for phone communication. Customers frequently send notes and emails reminding us how rare it is in today’s business to respond quickly; however, we make it a priority. MCC is a family-owned, medium sized business, which means our clients receive a level of personal service unparalleled in the industry, but we have the resources to handle complex custom issues. Our size also allows us to provide extra editorial and technological resources an otherwise smaller firm can’t offer. Our most valuable assets are our customers and our reputation. We earn our reputation by offering helpful suggestions and solutions for your unique situation. MCC also has a Regional Sales Representative, Gregory Dudiak, located in Seattle, Washington. He is available to answer questions and meet with you, as needed. He has worked with Municipalities and Counties with Codes for over 35 years. He frequents the Montana area often and attends the Montana Municipal League Conference, Clerks Conference and IIMC Conference. He is also supported by our entire staff in Tallahassee. Legal/Editorial Approach MCC’s legal and editorial staff is organized in teams. This provides for consistency in editing, understanding and reaching a level of quality. As the attorney communicates with you directly, the project needs are shared with the entire editorial team. We employ a full-time staff of attorneys, one of whom will research and analyze your legislation. We encourage our legal team to become thoroughly familiar with your Code and your staff. This results in a rapport between you and the team and assures a high degree of consistency, attention and professionalism in codifying and updating your Code. In many states, we provide free, State Law Pamphlets to notify our Clients of changes in State Laws affecting local governments. Software Solutions MCC focuses on technology that benefits our customers. We have created products that are affordable and meet the ever-changing needs of our customers. MCC handles all electronic services in house. We offer all format/database options (Word, WordPerfect, HTML, ASCII, RTF, PDF, XML), and all choices of mediums (floppy disks, CDs, downloading from our website, e-mail etc.). We consider technology a “core competency” and are committed to staying abreast of technology for your benefit. MCC provides specialized Government focused electronic products that provide diverse access to your Code by citizens and departments. We provide web access via industry standard browsers on PC and Mac platforms. Municode.com meets all Priority 1 checkpoints under the W3C's Web Content Accessibility Guidelines 1.0 Specification (WCAG). 50 5 Employee 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 has a Health and Fitness Gym with showers and a walking trail through our 10-acre campus. MCC also provides employees a Quarterly Production Reward system based on the profits of the company. Through this incentive, our employees feel an ownership in their own company. 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. Orders may be placed online on our website, via e-mail, over the phone, fax or regular mail. Association Support MCC supports many Clerk, Attorney, Municipal and County Associations, additionally we partner with the International Institute of Municipal Clerks and International Municipal Lawyers Association to provide services to their members. Our Vice President of Sales, Dale Barstow, is also the President of the Municipal Clerks Education Foundation. All of this support is motivated by our desire to “give back” to the people who have made us successful, as well as our goal to stay close to our Customers. MCC is keenly interested in assisting you with your needs and we feel our focus, company and personnel perfectly match your goals. We appreciate your interest and look forward to your review of the rest of our information. 51 6 SCOPE OF WORK MUNICIPAL CODE CORPORATION, a corporation duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to perform codification services for the CITY OF BOZEMAN, MONTANA, hereinafter referred to as Client. MCC will research, edit, index and publish (both in print and electronically) the finally enacted legislation Client specifies for inclusion in the Code. Material Included. All legislation of a general and permanent nature, passed in final form by the Client, as of the cut off date established by the MCC attorney (usually after conference), 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 codification process 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. Research of minutes can be provided as agreed upon by the Client and MCC. 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 Client: 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, Traffic Schedules, and Fee Schedules (however, Fee Schedules can be provided for an additional fee – quotation upon request). Ordinance Research Tools. To facilitate finding sample provisions during this project, MCC will provide the Client with two (2) subscriptions to the Multiple Code Search Service. This will allow the Client to provide two (2) people with access to the search software on our website for full state searching (see Additional Services). MCC will also provide samples of provisions, as requested during the project. Original Legislation Archive & Index. While codification is focused on providing the most up-to-date legislation for your organization and its constituents, the purpose of this service is to electronically archive original permanent record of the legislation when it was passed. Includes converting all original ordinances, resolutions, and motions into Tiff Group IV format. The images will be OCR’d, indexed, and provided on CD/DVD in a robust searchable format. Supplementing Existing Code during Codification. MCC can provide Supplementation Services, electronic options and web hosting for the existing Code while the codification project is underway. MCC can update the existing Code on any schedule the Client desires. MCC can also provide Electronic Updates in lieu of Printed Supplements during this project. All service options are described in greater detail in the Supplement Service portion of the proposal. Legal and Editorial Work. MCC will 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 Client’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 Client against the State Constitution, State Law, the Charter (if the Client 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 Client. 52 7 • Legal Manuscript. MCC will submit a legal manuscript for the Client’s review. This manuscript will reflect the MCC attorney’s legal review and will contain the substantive provisions of legislation provided by the Client and with proposed changes. Recommendations by MCC’s attorney will be provided and discussed with the Client. 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 Client’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 Client’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 editor’s 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 Client 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 Client and MCC’s attorney are correct. • 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 Client. 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 Client can be created. • Graphics. MCC will add the graphics when provided by the Client 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. Proofs. After editing and proofreading, proofs incorporating solutions captured in the legal manuscript will be delivered to the Client. The proofs are an updated legal manuscript indicating agreed upon changes as decided by the Client. The proofs will have been edited and proofread, though they will not contain all of the tables and the subject matter index and will not be in final form for printing. A sample of the finished Code format will also be provided. 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. Delivery of Code. • Printing and Binding. The number of copies selected by the Client will be printed on acid-free paper in the chosen format and delivered to the Client. Color printing is available at an additional charge. Standard binding for the Code is three-post, expandable, black, leatherette binders with gold, silver or white stamping. Alternate binders, such as D-ring or polyvinyl, are available. Binder colors can be reviewed at www.municode.com under the Products link. A Seal or logo can be added in addition to the text on the front and spine of the binder, if desired. Divider tabs for each major section of the Code and Index are also provided. 53 8 • Reprints or Pamphlets. Selected Chapters, or combinations of Chapters, may be reprinted for distribution. Pamphlets are provided separately, based upon then current price list. They can be provided with binders, paper covers, tabs and all other standard publishing options. MCC can also provide these to subscribers. See Distribution under Additional Services. Electronic Code. The Code will be furnished in any electronic medium and format (Internet, CD-ROM, Word, WordPerfect, Text or RTF, PDF, or integrated with search engine, etc.) selected by the Client. Attached is a current list of options; an updated list of options will be provided upon shipment of proofs so selections can be made from then current services. Client Responsibility. The Client agrees to: • Amendatory Legislation. The Client shall immediately forward all adopted legislation (including amendments, the Charter, Special Acts and other pertinent rules and regulations having the effect of law) to be codified on a continual basis. Submission should be timely and can be sent in electronic, fax or printed form. • Review. The Client shall review, modify and/or approve the proposed Table of Contents and organization of the Code, page format, font type and size, approve number of copies to be printed, binder colors and choice of electronic format. • Participation of Attorney. Ensure the Client’s Attorney and other interested personnel attend and participate in the project, including on-site or teleconference and review of the proofs. • Submission of data. The Client shall provide data, graphics and tables of the highest reproducible quality, preferably in their original, electronic format. Provide a black and white line art seal or logo for the binders, if desired. • Proofs. The Client will review and return the proofs within 45 days of receipt. Changes to the text should be marked directly on the proofs. Please note delaying the return of proofs can delay the project due to the amount of additional legislation passed subsequent to submission of proofs. Changes not discussed at conference, deletions and additions to the proofs may result in a proof update fee. Should the Client fail to return proofs within five (5) months, the balance of the contract shall become due and payable. Additional copies of proofs can be provided upon request. 54 9 RECODIFICATION QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA Base Cost, includes $16,140 • Receipt, review and organization of materials • Ordinance Research Tool (2 licenses) • Preparation of Legal Manuscript • 25 Copies1, to include Binders and tabs (select binder color below) • Adopting Ordinance • Legal Work • Implementation of approved legal findings • Updating State Law References • Editing • Proofreading • Proofs • Page formatting (make selections below) • Indexing • Creation of Tables • Code on Internet, first year2 • Base number of pages Elections to be made applying to the above project: • Font - Please circle one (Arial, Times New Roman, New Century Schoolbook) • Page Format - Please circle one (Single Column or Double Column) • Font Size - Please circle one (9, 10, 11 and 12 point) • Binder Color – Please circle one (Black, Royal Blue, Dark Green, Maroon) • Please check conference choice ‰ On-site Conference, each OR $1,500 ‰ Teleconference or Web based conference, per 3 hour session No Charge • Original Legislation Archive & Index ‰ Up to 3,000 images, excess images $0.50/image $1,500 Items not include in Base cost: • Additional pages over the base, per page $22 • Additional material amended or added after conference, per page $22 • Black and White Graphics, each $10 • Color Graphics (includes printing), each $25 • Additional Copies/Binders/Tabs Quotation upon request • Freight Actual freight • State Sales Tax If applicable 1 MCC uses only acid-free paper. 2 Subsequent years $400 a year. Estimated pages based on page format and font size Font Size Page Format 10pt 11pt 12pt Single Column 980 1105 1225 Double Column 700 805 875 55 10 Additional Services available with the above project: • Reprints of Chapters or Portions of the Code Quotation upon request • Distribution of Codes and Supplements No Direct Cost to Client • Electronic Media Options See attached information Payments – base cost split into four payments – can be budgeted over two fiscal years • Execution of Agreement $4,840 • Submission of the Legal Manuscript $4,000 • Submission of Proofs $4,000 • Delivery Balance 56 11 SUPPLEMENT SERVICE After publication of the new Code, MCC will continue to maintain the Code as legislation is enacted. Material. The Client should forward a copy of legislation upon enactment. Material is preferred in an electronically editable format and should be sent to ords@municode.com. Every ordinance sent to MCC will be acknowledged via e-mail. A complete list of legislation recorded in an update will be provided. Legislation can also be provided via fax or print. MCC will hold legislation pending a schedule or begin the job as established with the Client. Editorial Work. The Supplement editorial team, consisting of a legal editor, proofreader and indexer, will review the legislation to determine proper placement within the Code. MCC will adhere to the structure and style contained in the ordinance unless changes are required to ensure consistency in the Code. The team will also update the Table of Contents, catchlines, reference tables and index. Additionally, an instruction sheet will be created to advise how to insert and remove pages. A Checklist of Up-To-Date pages will be created to indicate the most recent source from which each page in the Code is derived. Editorial notes will be appended to sections that require additional explanation. A separate Supplement will be created for any pamphlets derived from the Code. Printed Supplements. Amendments to the printed Code occur in the form of Printed Supplement 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 page rate. Electronic Updates. Amendments to the electronic version of the Code (CD, Internet, Folio, PDF, etc.) can be provided on their own schedule, or accompany Printed Supplements. Electronic Updates appear in the proper place and a fully searchable, complete Code will be delivered. Electronic Updates are included in the base page rate and clients who receive both Electronic Updates and Printed Supplements receive the Printed Supplements at no charge. Schedule. Amendments are provided on a schedule designed to meet the needs of the Client. The schedule can be weekly, biweekly, monthly, bi-monthly, quarterly, tri-annual, semi-annual, annual or upon authorization. Electronic Updates can occur on a more frequent schedule than Printed Supplements. Additional Provisions. MCC can add additional provisions (e.g. charter, zoning, land development regulations) into the Code through the Supplement service. They will be included in a Supplement or as a separate project and appropriate updates will be made to the Code and tables. Additional divider tabs or binders will be provided as necessary. MCC will advise of all options and applicable costs. 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 Client send in legislation in editable format via email for inclusion in the Code. This allows the legislation to be searchable on the Internet site along with the Code. Delivery. Printed Supplements to the Code and pamphlets, if ordered, will be delivered in bulk to the Client, unless Client chooses to utilize MCC’s Distribution Services. The website will be updated upon shipment of the printed supplement or as Electronic Updates are delivered. 57 12 ADDITIONAL SERVICES Distribution. Fulfillment services are available to distribute individual copies of Codes and Supplements to departments or subscribers at no additional fee to the Client. MCC can sell the Codes, Supplements, chapter reprints, binders and tabs at a pre-determined price. MCC assumes all risk and expense for providing these items. Orders can be placed through our online ordering, via fax or mail. More detailed information about distribution services will be provided after the return of the proofs. Future Legal Review. At any point during the term of this Agreement, or extensions thereof, MCC can provide additional legal review to identify inconsistencies, obsolete provisions or compare the Code to current State Law. State Law references can be updated in conjunction with this legal review or as a separate engagement. Multiple Code Search Service. Initial subscription for this service is provided within this agreement at no charge. You may choose to continue your subscription after the initial year. This service provides a simultaneous access to more 2,000 Codes on our website, searchable by state. Additional single and multiple user options are available. Electronic Agenda and Legislative Management (Legistar). MCCi offers Legistar Software and related services which provides electronic automation and creation of Agendas. Pricing information can be supplied upon request. Document Scanning Services (MuniScan). MCCi offers scanning, indexing and integration of hard copy documents with Laserfiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and fuzzy logic. Pricing information can be supplied upon request. Contract Management Software (Contract Assistant). MCCi offers the Contract Assistant Software (developed by Blueridge Software) which is a web based solution designed to provide control and automation of the contract management process. Pricing information can be supplied upon request. Utility Billing Services (MuniBills). MCCAdvantage offers billing, statement and remittance processing services as an additional benefit under this agreement. MCCAdvantage, a subsidiary of MCC, can provide the client with design, printing and mailing services for customer billing/statements of all types. These services also include remittance payment options, software and other billing solutions. Pricing information for this service can be supplied upon request. 58 13 SUPPLEMENT SERVICE QUOTATION SHEET FOR CITY OF BOZEMAN, MONTANA Supplement Service Base Page Rate Page Format Base Page Rate Single Column $19 per page Double Column $22 per page Base page rate above includes • Acknowledgement of Material • Data conversion, as necessary • Editorial Work • Proofreading • Indexing • Updating Electronic versions3, (e.g. CDs and Internet) • Printing 25 Supplements Please Circle Preferred Supplementation Schedule4 Below: Electronic Updates Annual Semi-annual Quarterly Bi- Monthly On Request Printed Supplements Annual Semi-annual Quarterly Bi- Monthly On 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 • State Sales Tax If applicable • Electronic delivery handling fee, per product $75 • Multiple Code Search, after the first year $200 • New Ordinances on the Web (NOW), no editing, 3-5 day turnaround, per ordinance $25 Other Additional Services: Electronic Agenda and Legislative Management (Legistar) Quotation upon request Document Scanning Services (MuniScan) Quotation upon request Contract Management Software (Contract Assistant) Quotation upon request Utility Billing Services (MuniBills) Quotation upon request Payment for Supplement and Additional Services Invoices will be submitted upon shipment of project(s). 3 We do not charge a per page rate for updating CDs or the Internet – this is included in the supplement per page rate. 4 Schedule can be changed at any time during the contract. Information on Weekly, Bi-weekly and Monthly Supplement schedules are available upon request. 59 14 This proposal shall be valid for a period of ninety (90) days from the date appearing below unless signed and authorized by MCC and the Client. Term of Agreement. This Agreement shall begin upon execution of this Agreement and end three years after the publication date of the new Code. Thereafter, the Supplement Service shall be automatically renewed from year to year provided that each party may cancel or change this agreement with sixty (60) days written notice. Submitted by: MUNICIPAL CODE CORPORATION MCC President/CEO: _______________________ Witness: _________________________________ Date: ____________________________________ Accepted by: CITY OF BOZEMAN, MONTANA By: _____________________________________ Title: ____________________________________ Witness: _________________________________ Date: ____________________________________ 60 15 QUALIFICATIONS For the last 57 years, Municipal Code Corporation has engaged predominately 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. We also have started two other divisions focused on government clients: MCCi (Municipal Code Corporation Innovations) and MCCAdvantage. Business main location: 1700 Capital Circle, SW Tallahassee, FL 32310 800-262-2633 or 850-576-3171 Incorporation Date: March 1951 Current Code Accounts Serviced: over 3,000 Divisions: MCCi-Document Management and Agenda Automation MCCa - Utility Billing and Statement Processing Project Contact Persons: Danielle Galvin, Vice President – Marketing Bill Sweeney, Vice President – Codes Eric Grant, Vice President – Supplements Personnel/Offices The entire corporate staff consists of approximately 190 employees, including 9 attorneys, 35 editors, and 46,000 square feet of floor space. We have regional offices in Portage, Michigan; Fort Worth, Texas; Edinburg, Texas and our main office in Tallahassee, Florida. All editing and printing is done 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, document management, and utility billing. Key Personnel Assigned to Project (1) Legal: Bill Sweeney, Vice President – Codes B.A., University of Montana; M.A., U.S. Naval War College; J.D., University of Montana; Master of Laws (LLM); United States Army Judge Advocate General’s School. Bill will have overall supervision of the project. Mr. Sweeney will assign the MCC code attorney, who will conduct a thorough legal review to identify any inconsistencies or conflicts between ordinances and any conflicts with state law, send the municipality a legal manuscript that identifies these inconsistencies and conflicts, and make recommendations on how to proceed. The attorney will then contact the municipality to set up a conference to discuss these issues. 61 16 (2) Project Coordinators: Danielle Galvin, Vice President - Marketing 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. 20 years of Project Management/Customer Service Experience. Danielle has worked with MCC for over 14 years. She is Office Manager and has primary responsibility for initial project setup, coordinating details during project and transition to supplementation. Dale Barstow, Vice President of Sales Pilot of MCC’s Corporate Airplane; Graduate from Emery Riddle Aeronautically University; Honorary City Clerk in 5 States; Municipal Clerk’s Education Foundation President; Continuing Education – Dale Carnegie Sales Training; Speaker for over 35 conferences. 36 years experience in Client sales. Dale meets with our customers to ensure face to face communication and coordination. (3) Supplementation: W. Eric Grant, Vice President – Supplements B.S., United States Naval Academy; M.A. Georgetown University School of Foreign Service J.D., University of Virginia, Member of Florida 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 three editors and one proofreader, it allows for what we call “bench depth” – there is always a backup person. Janet Randell, Supplement Customer Service Representative A.A., Business Administration, Western International University; 15 + years of Customer Service Experience. Janet has worked with MCC for three years. She is the Customer Service Representative for the Supplement Department serving as a direct point of contact for customers. She’s responsible for ensuring that the company’s customers receive an adequate level of service or help with their questions and concerns. (4) Indexing: Joy Luczynski, Indexing Supervisor A.A., Calhoun Community College; Paralegal Technology; Member of American Society of Indexers. 8 years of 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; CompTIA Certified A+, Net+, Security+, Microsoft Certified Systems Administrator. 10 years of extensive experience supporting, designing and administering corporate network environments. Matt Farley, Systems Administrator AA, Tallahassee Community College, Currently obtaining BA in IT at FSU. 2.5 years of systems/network management experience. Elliot Haworth, Web Developer B.A., Computer Science, Mercer University. 5 years of experience desktop application programming and developing web based applications. 62 17 Stacy Corry, Digital Art Director Flagler College, Glendale College, Tallahassee Community College. 10 years experience as a graphic designer; 7 years as director of Municipal Code’s graphics department. 20 years of experience as a technical writer and technical support liaison. Law Editorial Staff Bill Sweeney, B.A., University of Montana; M.A., U.S. Naval War College; J.D., University of Montana; Master of Laws (LLM) United States Army Judge Advocate General’s School; Vice President of Code Department with over 20 years experience in legal research and litigation. Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; more than 30 years of experience in local government law; Member of Florida Bar. Alyce has completed over 600 codes and various other legal projects throughout the United States, including Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Missouri, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin, and Wyoming. William J. Carroll Jr., B.S., Penn State University; J.D., Florida State University; more than 35 years of experience in local government law; Member of Florida Bar. Bill has completed hundreds of codes and legal projects throughout the United States including codes in Arkansas, Colorado, Florida, Indiana, Illinois, Kansas, Louisiana, Maine, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, Pennsylvania, South Dakota, Texas, Virginia, and Wyoming. Roger D. Merriam, B.A., Mercer University; J.D., Emory University; more than 35 years of experience in local government law; Member of Florida Bar. Roger has completed Codes in multiple states including Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin. Daniel F. Walker, B.S., Florida Southern College; J.D., Georgia State University College of Law; 8 years of private practice; 8 years of experience in local government law; Member of Florida and South Carolina Bars. Also admitted to practice before the U.S. Court of International Trade and the U.S. Court of Appeals for the Armed Forces. Dan has completed Codes in Illinois, Louisiana, Mississippi, North Carolina, South Carolina, Texas and West Virginia. Jim C. Jenkins, II, B.A., Eckerd College; J.D., University of Maryland School of Law; Former Appellate Attorney and Trial Prosecutor for the Kings County District Attorney's Office, Brooklyn, NY; 10 years of experience in complex legal research and litigation; 3 years of experience in local government law. Jim has completed Codes in Alabama, Georgia, Louisiana, Texas, and Wisconsin. Sandra S. Fox, B.A, Florida State University; J.D., Florida State University; 9 years of experience in legal research and writing. Sandra has completed Codes in Georgia, Illinois, Michigan, Minnesota, Oklahoma, Missouri, Texas, and Wisconsin. Michael E. Raabe, B.A. California State University at Fullerton; MLIS, Florida State University; J.D. Western State University. Former Associate Dean of Chapman University College of Law; 20 year’s experience in civil and appellate law; one year experience in local government law. Mike has completed Codes in Georgia, North Carolina, and Louisiana. Mary McEwen, B.A., University of Florida; J.D., Florida State University; 2 years of experience in legal research and writing; Member of Florida Bar. Mary has completed Codes and legal projects in many states; primary emphasis in Florida and Georgia. 63 18 Sales Staff Alicia Bywaters, National Sales Support/Customer Service. Alicia has been with MCC for 8 years. She provides sales and customer service to all of our clients. Alicia also provides assistance to new customers and to customers with new projects. Faye Creel, Sales Representative for Florida, Mississippi, Georgia, South Carolina, and Louisiana. Faye has worked with MCC for over 10 years. Elen Fox, Regional Representative for Minnesota, Michigan, Wisconsin, Indiana, and Illinois. B.S., Education, Western Michigan University; School teacher for 7 yrs.; Former Owner/Sales Manager of Ordinance Systems, a MI company compiling municipal ordinances which was sold to Municipal Code Corporation in 1987; Elen has been a part of MCC for 21 years. Stefanie Graves, Sales Support. B.S. Economics, Florida State University. Eleven years of customer service experience, including eight years at MCC. Provides direct support to municipal clients and prepares proposals for services to current and potential clients. Has extensive knowledge of Code- related services and products. Jenny Haverland, National Conference Coordinator. 20 years experience in Sales Administrative support prior to Municipal Code. Jenny has worked with Municipal Code for 6 years and is responsible for all aspects of Conference Exhibit Events, Advertising & Memberships to Associations. Dennis Heller, National Inside Sales Representative. B.S., Management, New York University; 35 Years in the Telecommunications Industry in Network Management, Sales, and Sales Management; Dennis has worked with MCC for the last 3 years as a Sales Representative. He is responsible for proposal presentation to prospective clients and offering code maintenance solutions to existing clients. Patrick Holiday, Inside Sales Representative. 20 years in customer service and sales before coming to MCC. Patrick is currently in his 10th year at MCC and has worked in both Distribution and Sales Departments. Customer Solutions is Patrick's primary focus. MCCi Staff Our MCCi Division involves the technological advances in Document Management. This division provides imaging and indexing software and also provides agenda management software solutions and emp. With their research, we have increased our use of technology on the codification side of our business (see www.mccinnovations.com). Donny Barstow, B.S., Management Information Systems, Florida State University; MBA, University of Florida. Key responsibilities include upper level decision making, enterprise level client consultation, research and product development, educational speaker. Experience: eight years working with government agencies and six years in upper-level management. Currently serves as President of MCCi. Doug McNease, B.S., Marketing, Florida State University School of Business. Key responsibilities include managing MCCi Technical Staff, scheduling of software installation, senior level project management, internal technical support, and upper level customer technical support. Experience: five years technical support, five years database design and administration (MSSQL), six years web-enabled application development. Currently serves as the Information Technology Director. Rigo Ruiz, B.S., Mathematics, University of Texas Pan American. Key responsibilities include project management, software installation and support, customer technical support. Experience: twelve years in customer support and six years with Laserfiche software. Serves as Laserfiche Installation and Training Technician and is located in Edinburg, Texas. 64 19 Dan Pineau, B.A., International Affairs/History, Florida State University; M.S., International Affairs/Economics, Florida State University. Key responsibilities include sales team management, business development, speaking engagements (tradeshows and conferences), contract negotiation, and marketing. Experience: fourteen years of consulting in public-sector markets, three years field sales representative, three years product management, five years sales management, three years enterprise business development. Also fluent in Spanish and French. Currently serves as Vice President of Government Sales. Russell Haddock, B.S., Telecommunications, Baylor University. Key responsibilities include pre-client consultation, conduct project demonstrations, manage existing customer accounts. Experience: six years with document imaging and management practices and six years in working with municipal governments. Currently serves as Senior Account Executive (Texas, Oklahoma, Missouri, Louisiana, Colorado, New Mexico, and Kansas) and is located in Fort Worth, Texas. Bob Kinsey, B.S., Communications and Political Science, Florida State University. Key responsibilities include pre-client consultation, conduct product demonstrations via the web, and manage existing customer accounts. Experience: eight years designing and maintaining network environments, nine years technical support and personal computer (software and hardware), six years with document imaging and management practices, and six years in working with municipal governments. Currently serves as Account Executive (Florida). Logan Di Liello, B.S., Sport Management, Florida State University; Masters, Sport Administration, Florida State University. Key responsibilities include pre-client consultation, conduct product demonstrations via the web, and manage existing customer accounts. Experience: three years of business management and seven years in customer service. Currently serves as Account Executive for the Southeast Region. MCCAdvantage MCCAdvantage, a subsidiary of MCC, provides clients with design, printing and mailing services for customer billing/statements of all types. J. Scott Molenburg, B.S. Business & Industrial Communications, Drake University. Key responsibilities include strategic decision making, product development and enterprise level client consultation. Experience: Twenty five years in billing, statement rendering, customer service, remittance processing, project management, resource allocation and strategic marketing. Former member of MTAC, Board of Directors Major Mailers Association and Board of Directors United Way Allocations and Priorities. Currently serves as General Manager of MCCa. Starlett Lovel, 32 years of experience in typesetting, editing, composition and printing of Codes, Supplements and Statements. Municipal Code Corporation Executives A. Lawton Langford. President and CEO. Received his Bachelor of Arts from Vanderbilt University, with a double major in Economics and Business Administration, a Juris Doctor from the Florida State University College of Law, and a Masters of Business Administration from the Florida State University College of Business. Twenty-five years experience with MCC. H. E. “Rick” Grant, Executive Vice President and C.O.O. Received his Bachelor of Science degree from the U. S. Naval Academy and his Juris Doctor from Florida State University. A former naval aviator and Navy attorney (JAG Corps) who retired as The Judge Advocate General, the Navy’s senior attorney. Eleven years of experience as COO of Municipal Code Corporation. Michelle Eagen. Chief Financial Officer and Vice President of Finance. Received Bachelor of Science in Accounting from the University of Florida and Master of Accounting degree from Nova Southeastern University. She is a licensed and active Florida CPA and has six years experience with MCC, and over sixteen years of professional accounting experience in the publishing industry. 65 20 66 21 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95