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HomeMy WebLinkAbout20-163Resolution No. 20-163 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES CONTRACT WITH MUNICIPAL CODE CORPORATION FOR MUNICIPAL CODIFICATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Professional Services Contract on behalf of the City of Elgin with Municipal Code Corporation, for municipal codification services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented:: December 16, 2020 Adopted: : December 16, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk municode P.O. Box 2235 Tallahassee, FL 32316 municode.com • 800.262.2633 PROFESSIONAL SERVICES CONTRACT THIS CONTRACT ("Contract") is between the CITY OF ELGIN, ILLINOIS, a municipal corporation (Client), and MUNICIPAL CODE CORPORATION (Contractor), a Florida corporation, authorized to do business in the State of Illinois, whose address is P.O. Box 2235, Tallahassee, FL 32316. 1 RECITALS: The City has requested certain codification services with respect to the Elgin Municipal Code and Contractor has agreed to provide the services outlined in Exhibits A and B as defined below, upon the terms and conditions set forth in this Contract. Contractor will perform no service under this Contract until direction from an authorized official is issued and received by Contractor. 2 SERVICES AND SCHEDULE: Contractor shall provide to the City the codification services with respect to the Elgin Municipal Code consisting of recodification services, supplement services, online code hosting and the Municode NEXT bundle of services (the Services"). Such Services are outlined and summarized in the Contractor's proposal, pages 11- 15, attached hereto and made apart hereof as Exhibit A. Contractor shall perform such Services according to the schedule and times as set forth in Exhibit A. 3 TIME OF COMMENCEMENT AND SUBSTANTIVE COMPLETION: The Services to be provided under this Contract shall commence on January 1, 2021, and shall continue for a period of three (3) years. Thereafter, this Contract shall be automatically renewed from year to year provided that each party may terminate this Contract at any time with sixty (60) days written notice. 4 PRICE: The Client will pay the Contractor for the performance of this Contract at the prices specified in Contractor's letter of interest dated October 22, 2020, and the quotation sheet attached hereto, consisting of a total of six (6) pages, attached hereto as Exhibit B and made a part hereof by this reference. Pricing shall be valid throughout the term of the contract. For the purpose of clarification, with respect to the MunicodeNEXT Online Code services, the Client is purchasing the bundle of services under the my Municode-Value Pricing for $1,195 annually, with the first year being at no charge. For the purpose of further clarification, the Client is not purchasing the MunicodeMEETINGS service. 5 FINANCIAL OBLIGATIONS OF THE CITY OF ELGIN, ILLINOIS: This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Client under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 CONTRACT DEFINED: This Contract incorporates, herein by reference, the terms and conditions of the following documents. If there is a conflict among the documents, their terms and conditions shall prevail in the following order* 6.1 This Contract consisting of four (4) pages inclusive of the signature page. 6.2 Exhibit A (Pages 11-15 of Contractor's response to Client's RFP No. 20-044 for Codification Services) 6.3 Exhibit B (Contractor's Best and Final Offer of October 22, 2020) 6.4 Certificate of Insurance & Workers' Compensation (to be furnished following contract execution) 7 SERVICE OF NOTICES: All required notices shall be deemed to have been validly given if delivered in, person or by first class mail or email to the Client and the Company at the following addresses: Ms. Kim Dewis Ms. Steffanie Rasmussen City Clerk Vice President of Client Services City of Elgin Municipal Code Corporation 150 Dexter Court P. Box Box 2235 Elgin, IL 60120 Tallahassee, FL 32316 dewis kCa)cityofelgin.org steffgmunicode.com 8 COMPLIANCE WITH THE LAW: This Contract shall be governed and construed in accordance with the laws of the State of Illinois. The Contractor will perform all obligations under this Contract in strict compliance with all federal, state, rules, statutes, charter provisions, ordinances, and regulations, especially sections of the Occupational Safety and Health Administration (OSHA) regulations, latest revised addition, which provide for job safety and health protection for workers, applicable to the performance of the Contractor under this Contract. The Client assumes no duty to ensure that the Contractor follows the safety regulations issued by OSHA. 9 INSURANCE: The Contractor shall not begin any work until the Contractor proves to the Client's Purchasing and Risk Management Divisions that it has obtained, at Contractor's own expense, all required insurance as specified below. Liability insurance must be of the occurrence form. Deviations from the requirements listed below must be submitted to and approved by the City of Elgin. 9.1 COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY insurance must cover bodily injury, property damage and personal injury with limits of no less than $1,000,000 per occurrence. 9.2 WORKERS' COMPENSATION coverage must be provided, as statutorily required for persons performing work under this Contract. Contractor must provide the Client with proof of Employer's Liability coverage with limits of at least $500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers' Compensation and Employer's Liability coverage. 9.3 CERTIFICATE OF INSURANCE: As evidence of the insurance coverages required by this Contract, the Contractor and their subcontractors, shall furnish a certificate of insurance to: Ms. Kim Dewis City Clerk City of Elgin 150 Dexter Court Elgin, IL 60120 dewis k(a)cityofelgin.org 9.4 CONTINUATION OF COVERAGE: The Contractor shall not cancel, materially change or fail to renew insurance coverages. The Contractor shall notify the Purchasing and Risk Management Divisions of any material reduction or exhaustion of aggregate limits. Any insurance bearing on adequacy of performance (warranty or guarantee) shall continue after completion of the contract for the full guaranteed period. If any policy lapses or is canceled before final payment by the Client to the Contractor and if the Contractor fails immediately to procure other insurance as specified, the Client may deem such failure to be a breach of this Contract. 9.5 RESPONSIBILITY FOR PAYMENT OF DAMAGES: Nothing contained in these insurance requirements shall limit the Contractor's responsibility for damages resulting from Contractor's operations under this contract. 10 INDEMNITY: The Contractor hereby releases and agrees to indemnify, defend and save harmless the Client and its officials, officers, employees and agents from and against all claims, actions, causes of action, demands, judgments, costs, expenses and all damages of every kind and nature, excepting a claim arising from interpretation of language or images contained in the Code, as published in print or electronically, incurred by and on behalf of any person or corporation whatsoever, predicated upon injury to or death of any person or loss of or damage to property of whatever ownership, including the parties to this Contract and their employees, and arising out of or connected with, in any manner, directly or indirectly, the Contractor's operations. Municode shall not be responsible for the legality of any material initially or subsequently published. 11 STATUS OF CONTRACTOR: The Contractor shall perform all work under this Contract as an independent contractor and not as an agent or employee of the Client. The Contractor will not be supervised by any employee or official of the Client nor will the Contractor exercise supervision over any employee or official of the Client. The Contractor shall not represent that Contractor is an employee or agent of the Client in any capacity. The Contractor shall supply all personnel, buildings, equipment and materials at Contractor's sole expense. The Contractor is not entitled to the Client's Workers' Compensation benefits and is obligated to pay federal and state income tax on money earned pursuant to this Contract. This Contract is not exclusive; the Contractor may contract with other parties. 12 TERMINATION: Either party may terminate this Contract by giving the other party sixty (60) days written notice of such termination. The Contractor will then be paid for satisfactory work up to the date of termination. 13 TRANSFERENCE AND AMENDMENTS: The Contractor may not transfer or assign this Contract to a third party nor in any way amend this Contract without prior written consent of the Client 2 14 VERIFICATION REGARDING ILLEGAL ALIENS: Contractor has confirmed the employment eligibility of ail employees newly hired for employment to perform work under this Contract through participation in the E- verify program administered jointly by the United States Department of Homeland Security and the Social Security Administration. 15 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Client may be entitled to for a breach of this Contract, if the Client terminates this Contract, in whole or in part, due to Contractor's breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Client. Notwithstanding anything to the contrary in this Contract, with the sole exception of an action to recover the monies the Client has agreed to pay the Contractor pursuant to Section 4 hereof, no action shall be commenced or maintained by the Contractor against the Client for monetary damages. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Contract shall be in the Circuit Court of Kane County, Illinois. 16 TERM OF CONTRACT: This Contract shall commence on January 1, 2021, and continue for a period of three (3) years. Thereafter, the Contract may be automatically renewed from year to year, with the condition that either party may terminate this Contract at any time with sixty (60) days written notice. 17 AFFIRMATIVE ACTION: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job. in question. Contractor shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and require any contractor to submit to the Client a written commitment to comply with those provisions. Contractor shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and perspective subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if said out verbatim. 18 OWNERSHIP RIGHTS: It is agreed and understood that the Client owns and shall continue to own all rights to the Elgin Municipal Code, 1976, as amended, any and all amendments thereto, and any future recodification thereof, and nothing herein nor any of the services to be provided by the Company is intended to or shall be construed as to provide the Company with any rights thereof, including but not limited to any copyright or other protectable interest thereto, with any and all such rights remaining with the Client. 19 EXECUTION: This Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Contract, any signed copy of this Contract transmitted by fax machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Contract transmitted by fax machine or email shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or emailed copy of this Contract shall be considered to have the same binding legal effect as an original document. The person(s) signing this Contract on behalf of a party hereto certifies that he/she has been authorized by that party to execute this Contract on behalf of the party. 20 ENTIRE AGREEMENT: This Contract and its attachments constitutes the entire agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. Submitted by: MUNICIPAL CODE CORPORATION Municode Officer: _ I Steffanie W. Rasmussen, Vice President of Client Services Date: _ Z 3 CITY OF ELGIN INOIS By: Title: City Mpnacier Attest: City Clerk Date: December 16, 2020 R: Legal DeptlAgreementWunicode Agreement-Clean-12-7-20.docx CONNECTING YOU & YOUR COMMUNITY EXHIBIT A PAGES 11-15 of Contractor's August 21, 2020 response RFP No. 20-044 for to Client's Codification Services NW rr -i - M-r-, references, a complete review of fines and fees, and creating a new index and legislative history of the Code. Following the adoption of the new Code, supplementation will begin anew with Supplement No. 1, with Municode's Legal Editors and proofreaders providing supplement services in print and/or electronic format to include editing, proofreading, indexing and updating of all charts and tables on the schedule of your choice. The Code will be posted online via our Code hosting website, MunicodeNEXT, where the City can utilize a multitude of online features and tools to assist in the navigation and researching of the Code as well as to preserve its history. Please review the Recodification Services Summary below, which outlines Municode's process for the Legal Review of the Municipal Code, as well as for the delivery of the Legal Memorandum and the final draft of the recodified Code for City review. We have also provided the scope of services and costs for the future online hosting of the new Code, and for ongoing maintenance of the new Code via the supplement process. Recodification Services Summary Ordinances/Policies/Resolutions. All relevant material of a general and permanent nature, passed in final form by you as of the cutoff date established by you and your Municode attorney, will be included in the code. All material that we receive will be acknowledged via e-mail, in order to establish a record of included ordinances. Legislation not of a general and permanent nature will be omitted from the code unless otherwise instructed by you. Notations can be added in the code to reference legislation adopted by reference, if elected. Attorney Analysis and Review of Material. Your Municode attorney, along with his/her team of legal editors, proofreaders and indexers will be assigned to this project. Our legal team will research all legislation submitted by you against the state statutes of Illinois. The ordinances will also be compared to overall Code content in order to determine if there are any inconsistencies or conflicts within the legislation itself. Ordinances enacted, or added, subsequent to the date of this agreement, or items not contemplated within the scope of service, may be included later at an agreed upon page rate. We will suggest a structure and organization for the code and provide a Table of Contents indicating the recommended structure. Page Format Options. We will work with you to determine the desired formatting and style of the new code, and will review page composition format options, such as font type, font size, page layout, and graphics appearance and placement with you. We will help you choose a format that produces a professional document that is easily researched. References. We will provide State Law References within the code. Editorial notes will be provided as appropriate. Internal references within the code will be hyperlinked in the online version. Legal Memorandum. We will provide you with a user-friendly Legal Memorandum containing all of our analyses and recommendations. This memorandum will reflect our attorney's Legal Review and will provide you with recommended options intended to remove conflicts and inconsistencies; conform to State Law, when appropriate; and ensure compliance with your charter. This approach facilitates collaboration and dissemination among departments, thus making the process as easy for you as possible. Our goal is to make the recodification process simple and smooth for you. Conference. Within 30 days of your receipt of the Legal Memorandum, we will conduct a conference, either in person or via telephone or webinar, to review the Legal Memorandum and our recommendations. All interested personnel may be included, but your attorney and clerk are essential. Issues discovered during the legal research will be discussed at the conference, with the goal of the conference being to come to agreement on any required changes. Your attorney has the final decision -making authority for resolution of issues brought up at the conference or noted in the Legal Memorandum. Editing and Proofreading. Our team will edit the text of your code to reflect proper grammar and stylistic consistency. We will not reword any provision that changes the substantive intent of the code, unless you approve the revision. However, non -substantive revisions to improve readability are a part of the process. We will proofread your code. The text will be reviewed for sense and structure and to ensure the implementation of the decisions by your attorney and our attorney. Index, Graphics and Tables. Our team will create a hierarchical, subject matter Index and all tables (contents, State Law Reference, prior code comparison and ordinance disposition) for your code as necessitated by the materials provided. All graphics provided will be incorporated into the printed and electronic code versions. Post Conference Code Draft. After editing and proofreading, a post -conference Code Draft incorporating solutions captured in the Legal Memorandum and agreed upon at the legal conference will be delivered to you for final review prior to printing and shipping. We guarantee typographical correctness. Any errors attributable to our team will be corrected at no charge during the term of this agreement. Adopting Ordinance. Our attorney will provide a sample adopting ordinance upon completion of the recodification. Printing and Binding (if elected). We will print your new code copies on high quality acid -free paper, with an SFI (Sustainable Forest Initiative) certification. These copies will be housed in heavy duty, 3-post leatherette binders (with 4 color choices) and stamped with the City's name on the front and spine of each binder. Divider tabs for each major section of the code and index will also be provided. The time chart below provides for completion of the recodification project within 10 to 12 months, excepting any delays occasioned by the City. Timeline begins upon execution of contract and receipt of all applicable material. R.ECODIFI.CATIO.N. TIME CHART STEP 1: IMMEDIATELY MUNICODE acknowledges contract, provides a Disposition List of all ordinances/material received (CITY sends signed contract and all applicable material) _ WITHIN MUNICODE provides a project introduction letter outlining all STEP 2: 2 WEEKS phases of the project and all material received_ to date (CITY confirms Municode has all applicable materials) STEP3: WITHIN 4 MONTHS MUNICODE submits Legal Memorandum (CITY attorney reviews Legal Memorandum and prepares questions/comments for conference) MUNICODE hosts Legal Memorandum conference WITHIN STEP 4: 30 DAYS (CITY attorney and other interested officials meet virtually with Municode to discuss issues of concern noted in the Legal Memorandum and come to an agreement on the implementation of recommended changes) STEP 5: WITHIN 2 MONTHS MUNICODE submits final Code Draft (CITY reviews Code Draft, and returns it to Municode within 30 days, with all corrections noted for final implementation and publication) MUNICODE delivers final Code and model adopting ordinance STEP6: WITHIN 2 - 3 MONTHS (CITY adopts Code and provides Municode with a copy of the officially enacted adopting ordinance. Municode ships the code and publishes Code online via MunicodeNEXT. Supplementation begins anew with Supplement No. 1) SCOPE OF SERVICES— SUPPLEMENTAL UPKEEP SERVICES Supplement Services Our supplementation process has been designed for timeliness, efficiency, simplicity and most of all, for our customers' convenience. All you need to do is to email us your newly enacted legislation, and we do the rest. Printed and/or electronic Supplements can be provided on the schedule of your choice, and in print, Word, PDF and/or Folio formats. There is no additional charge for more (or less) frequent supplementation, A recent analysis of our printed supplement Services indicated an editorial error rate of less than .1%, which is made possible by our attention to detail and strict quality control checks. We pride ourselves on a turnaround time of 30 to 35 days for printed supplements and can provide "always up to date' electronic update services within 10 to 15 days at the same per page rate as printed supplements. With printed supplementation, the online code is updated within 3 days after shipping the supplement at no additional cost. We can provide copies of supplements (or the entire code) in either print or electronic format within 3 days of your request (unless a supplement is currently in process), not including any shipment time needed for printed copies. The printed supplement process is outlined below: 1. Receipt of new legislation will be acknowledged within 24 hours. Our production support team will record the adoption date, effective date and ordinance number(s) and ensure that all necessary exhibits, tables and graphics are included. You will be advised promptly if any pertinent information is missing from your submission. Your material will then be immediately forwarded to our Supplement team for codification. If our OrdBank service (advance legislation service) is selected, the legislation will be posted online within 48 hours in PDF format as "Adopted Legislation not yet Codified". 2. Editorial Review — Our editorial team will review all MUNICODE material submitted to determine whether the material PRINTED SUPPLEMENTATON , should be included in your code; where it should be placed; whether it conflicts with existing code content;_ Submission of Materials what material should be removed; whether history notes t _1W should be added; what tables will be updated and whether Editorial Review the Table of Contents in the front or at the Chapter/Title "" 4W level should be amended. If any significant issues are �► Mark Up noted, we will contact you for clarification. No substantive _Vlr_ changes to your legislation will be made, however minor Indexing typographical errors will be corrected as needed. Any u , questions or inconsistencies will be brought to your attention. Proofreading 3. Indexing —Our indexing team will index and cross- Corrections reference new material in all appropriate locations. 4. Proofreading — The proofreader assigned to your editorial+� Printing & Shipping team will examine your supplement line by line to ensure 4W editorial accuracy, code hierarchy and layout and to -+ Upload to the Internet confirm that it is grammatically correct and free of errors in spelling and capitalization. Your supplement is examined again, line by line to ensure that the improvements made were thorough and accurate. During this process, the original ordinance is compared again with the newly added text to further ensure editorial accuracy. 5. Posting the supplement online (MunicodeNEXT) — Your online code will be updated within 1 to 2 days of shipping or uploading the supplement. You will be notified via email that the website has been updated. If our CodeBank Compare + eNotify service is selected, citizens will be notified each time the online code is updated. When your code is updated on MunicodeNEXT, all internal cross-reference links are updated. With our OrdBank feature, each history note will be linked to the ordinance that amended the respective section. 6. Printing and Shipping — We will print, cut, 3 hole -punch, insert divider tabs and ship your supplement to you quarterly unless otherwise instructed. You can change your supplement schedule at any time, and there is no additional charge for more frequent supplementation. Instruction Sheet: With each printed supplement, we will furnish a page of instructions for removal of the obsolete pages and insertion of the new pages; as well as a Checklist of up-to-date pages with each supplement. SCOPE OF SERVICES- ONLINE CODE HOSTING SERVICES Online Code Hosting (MunicodeNEXT) Our code hosting platform, MunicodeNEXT, includes Standard and Premium features, all of which are designed to provide a wide variety of additional capabilities for the research and navigation of your code, as well as for preserving its history. These features are summarized on the following page, with full descriptions and screenshots provided in Attachment A. We confidently guarantee a Service Level Agreement (SLA) of over 99.95% uptime. With MunicodeNEXT advanced features, your staff and citizens need only click the link provided on your municipality's website to access your full Code of Ordinances. They not only have access to your complete and current Code of Ordinances, but to all archived versions of your code, every official copy of your ordinances, the power to compare versions of your code over time, the ability to be notified every time your code is updated, and the ability to translate your code into over 100 languages via Goog/e Translate, which is included at no additional charge. Our newest free online feature, Public Notes, will enable you to add external links within the contents of your online Code (such as links to Zoning maps, Fee Schedules, Council Meetings, the Clerk's office, etc.) or to post public notes or documents in the online Code to inform your citizens about current issues pertinent to specific sections of your Code. Please visit our online library of over 3,700 government Codes here: httLs://Iibrary,.municode.com/. ADA compliance is multi -faceted. All HTML content viewed via our MunicodeNEXT web application is WCAG 2.1 Level AA compliant and will scale to the viewport of any modern smartphone or tablet running iOS, Android, or Windows Phone 7 or higher. Web application accessibility techniques continue to involve and improve as technology advances. Municode is committed to making accessibility an import part of ongoing product updates. Our tech stack includes HTML5 & CSS3, Javascript (AngularJS), and a restful API written in C# running on .Net Core. All content is rendered in standard HTML and is viewable in all modern browsers including PC: Microsoft Internet Explorer 10 or later, Firefox 3.6 or later, macOS®: SafariTm 5.0 or later, and Chrome 18 or later. We house our public facing website in a secure, SAS70, PCI compliant data center owned and operated by Flexential in Atlanta, Georgia. All systems are backed up and synchronized between our Tallahassee, Florida and Atlanta, Georgia locations for full geographic redundancy. We actively monitor the status of our hosting facility. We utilize Veeam Backup & Recovery to take daily snapshots of all servers in both of our data centers. Snapshots are performed from 8 pm EST to 5 am EST, are replicated between sites and are routinely tested. Biometric authentication is required to enter the data center facility, and anyone entering the premises must be either active customers or authorized vendors with badge and PIN access. Each rack is locked with a combination lock to prevent unauthorized entry or access. The facility is monitored by camera 24/7 to further provide physical security. We secure our systems using enterprise grade security products. We employ firewalls from Palo Alto networks to secure the perimeter and endpoint security from Carbon Black to provide anti -virus scanning and threat detection on all servers, desktops, laptops, virtual machines and mobile devices. Carbon Black actively scans all file access on all endpoints of our network and quarantines any suspected malware, immediately sending notification to our systems administration staff. We use Nimble and 3Par SANs for all our storage needs. Each SAN member is fully redundant — redundant power supplies, controllers, NICs, etc. The drives on each array are configured as either RAID 5, RAID 50, or RAID 60 arrays. Our powerful search engine allows users to enter simple or advanced searches and supports Boolean operators, stemming, wildcards, proximity searches, and a global synonym list. Users can easily search the code using keywords or phrases, and can print, download and/or email any portion of your code. Search terms can be applied to the entire code or narrowed to search only within specific chapters or sections. Our recent website upgrade allows users to sort results by relevance or book order! Our collapsible Table of Contents, continuous next -hit feature and internal and external hyperlinking and cross-referencing features simplify and enhance the navigation of your online code, allowing your staff and citizens the capability of simultaneously searching your code, ordinances, minutes, resolutions, budgets and more. MunicodeNEXT is designed with accessibility in mind. Our application is fully responsive, ensuring all features are available on appropriately sized desktop, tablet, and smartphone viewports. Designed to provide easy access and an intuitive interface, it is extremely well -suited for use on tablets and mobile devices running iOS or Android. Our application also conforms to Level AA of the Web Content Accessibility Guidelines 2.1. MunicodeNEXT Premium Feature Summary We recommend our bundled feature option, MyMunicode for the most transparent and feature rich code possible. MyMunicode includes annual online hosting and maintenance service with CodeBank, CodeBank Compare + eNotify, OrdBank, MuniPro and a custom online code banner to match the City's logo or website. Our MuniPRO feature allows you to search over 3,700 codes in the Municode library for sample ordinances, save frequently used or complex searches, create notes to attach to any publication and draft and edit new ordinances internally. Additionally, constituents and staff can search the Code by keywords or phrases, and print or email at the section, article and chapter level of the online Code. A summary of our Premium features is provided below. * CodeBank will enable you to have instant access to past versions of your code after each supplementation. * CodeBank Compare + eNotify provides you with the ability to select a past version of your online code and compare it to any other version of the code each time the code is updated. The differences will be shown via Highlights (added materials) or Strikethrough (deleted material). * IM2tify allows users to enroll to receive an email notification each time your online code is updated. A ,'modified," "removed" or "added" badge is shown within the online table of contents to alert users of recently amended sections of your code. OrdBank will create one click access to every ordinance via linked history notes. Ordinances are permanently stored online in the OrdBank repository and filed in annual folders. Applies to included (amendatory) ordinances. * OrdLink will create highlights within your online code to help users identify what amendatory ordinances have been recently adopted and what code sections have been amended. * MuniPRO allows you to search over 3,700 codes in the Municode library, save frequently used or complex searches, create notes to attach to any publication and draft new ordinances. * MuniDocs has recently been upgraded to allow clients to upload a wide variety of .rtf, .doc, .docx, and .pdf documents to browse and search alongside the code. Uploading is as simple as dragging and dropping the document from your computer into the upload dialog box on the improved administrator dashboard, where previously uploaded documents can also be managed. When uploaded, users can choose from a wide list of predefined document types, including minutes, agendas, resolutions and more. These documents are immediately converted to PDF and indexed for search, organized in nested folders — allowing the public to browse and search them immediately. EXHIBIT B Contractor's Best and Final Offer of October 22,2020 LETTER OF INTEREST October 22, 2020 Ms. Daina DeNye Purchasing Director City of Elgin 150 Dexter Court Elgin, IL 60120 via email: DeNye D(a)-cityofelgin.org Ms. DeNye: Thank you for the opportunity to submit our Best and Final Offer (BAFO) as a follow up to our August 21, 2020 response to the City's Request for Proposals No. 20-044 for Codification Services. Thank you also for providing us with a true and current copy of the City's Code to determine the actual page count of the Code, which we have determined to be 1,897 double column pages rather than the 1,500 double column page Code our original quotation was based on. Although we are not increasing our Not -To -Exceed quote of $29,764 (or a maximum of 50 excess pages) for recodification services, please anticipate that the full 50 excess -page count limit will be included in the final cost of recodification services. We appreciate the City's confidence in Municode and willingness to enter into a 10- year contract for codification services. This BAFO includes a reduction in the per page supplementation cost from $21 per double column page to $20 per double column page in anticipation of the 10-year contract term. This BAFO will serve as an additional Exhibit to the pending contract, along with our original proposal which summarizes the scope of services for recodification, supplementation and online Code hosting. Our original response also includes all of the official forms and documents that the original RFP required. If you have any questions or need additional information, please contact Legal Sales Director James Bonneville (J13onneville(dmunico_de.com_ , 651-262-6262). We very much look forward to working with the City of Elgin on this recodification project! BEST AND FINAL OFFER SUBMITTED BY MUNICIPAL CODE CORPORATION Municode Officer: S Lkk_ - Title: Steffanie W. Rasmussen, Vice President of Client Services Date: October 22. 2020 Accepted by: CITY OF ELGIN, ILLINOIS By: _ Title: Date: PRICE QUOTATION SHEETS QUOTATION SHEET CITY OF ELGIN, ILLINOIS RECODIFICATION OF MUNICIPAL CODE Base Cost (Lieludes) $_ 28,764 Not to exceed $29,764 or 50 pages above estimated page count (A) Number of Copies (minimum -2G) 5 copies included. per RFP specifications, Item 4.11 (B) Binders for each Code, three ring or post (minimum 20)includes 5 three ring or post binders (C) Legal Analysis, as described in Duties of Publisher . (D) Special Features; List Below see price quotation sheets, pages 19 - 22 (E) Estimated Number of Pages (number of pages included in base rate) 81/2" x 11" Format 1) Single column NIA )ages 2) Dual column 1,500 oases 12 point font or 1,390 pages 11 point font or 1,141 pages 10 point font H. Variable Cost (A) Per Page (Above/Below) 1500-page estimate 8it2" x 11" Format 1) Single Coltunn S NIA 2) Dual Column $ Above: ',20. not to exceed 50 pages or $1,000. Below: $11, not to exceed 100 pages (B) Freight/Shipping $ Actual 111. Time to Completion Number of Months Until Manuscript 4-5 months Number of Months until Completed Code (after return of manuscript) 2-3 months Number of Days for Updated Supplements 3 0-3 5 rimed days 10-15 (lays for electronic updates NOTE: 4-5 months for delivery o LegalReview Memorandum, then 2 months for delivery of final draft. IV. Qptlona?Wez v.Code printed and shipped within 2 months of final apporoval by City. See time chart, page 12 A) Reorder Extra Copies of Extra Code Minimum Number of Copies One 1) Cost per Extra Code with Binder $l 40 (post) $110 (ring) 2) Cost per Extra Code without Binder $ 75, 3) Cost per Extra. Chapter, separately bound $ .065 per imp ession, paper covers $3 each B) Cost of copies of code on disW CD-ROM S 100 set -urn, glen $50 per elec. download C) Cost of putting Code on the City website and/or hosting it on the selected firms website $ $450 - $1,195(see selections on page 22 -first year no charge!) D) Updating ordinances in conflict with state and fed"i statutes Describc�5per hour l <) Providing model ordinances when requested Ongoing legal review of newly adopted ordinances Describe: No charge for first year, then $295 annually seeMuniPro description below F) Cost for infornnationretrieval software for the Code. $150 set-up. then $100 per download G) Supplement Service (8 '% 11" format) - 1) Single -column $NAPer Page 2) Dual -column $ 2 Per Page To he reduced to $20 per page if utilising 10-year contract. term Legal Review of ztewly enacted ordinances Item D): Although review against federal law is not included in recodification services, upon request we are happy to review any specific federal law provided by the City. MuniPro (Item. E): search 3,700 online Codes for sample ordinances, create notes to attach to any publication and draft new ordinances PRICE QUOTATION SHEETS- EXECUTIVE SUMMARY EXECUTIVE SUMMARY Recodification, Supplementation and Online Code Hosting Logic: Give your municipality a fresh start. Engage our full-time attorneys to examine the legal sufficiency of your code from top to bottom. Clean up the pagination, reprint all pages and replace binders and tabs, if needed. Quickly and efficiently transition your code to the most advanced suite of web/mobile services available in the nation: MunicodeNEXT * Recodification..................................................................................................................$28,7641 Timeline..............................................................................................................10 to 12 months The recodification base cost of $28,764 is based on a 1,500 12-point font double column pages (or 1,141 10-point pages or 1,390 11-point pages). A full-time, Municode attorney will legally review the Code and uncodified ordinances, not just a code editor. We will research all legislation against the State Constitution, State Law, and the Charter, and ordinances will be compared to final Code content to determine if there are inconsistencies or conflicts within the legislation itself. We will suggest a structure and organization for the code and provide a table of contents indicating the recommended structure. We will also provide State Law references within the code and hyperlinks to internal references within the code. We will provide a legal memorandum containing recommended options and conduct a conference to review the memorandum and recommendations. Our team will edit the text of your code to reflect proper grammar and stylistic consistency; create a subject matter index; create all tables (contents, state law reference, prior code comparison, and ordinance disposition); and insert graphics into the printed and electronic versions of the code. A draft code will be provided to you for final review prior to printing and shipment. * Supplement Service (double column per page rate)..............................................................$-� 202 Municode does not charge an extra fee for posting supplements online or printing your supplement pages, as these services are included in your supplement per page rate. Online hosting (First year of service at no charge!).........................................................$4503 If you want to further enhance the transparency of your online code, you can upgrade to the MyMunicode bundle for only $1,195, with the first year of MyMunicode services at no charge! Not to exceed $29,764 (or 50 excess pages) for recodification services. Please see page 4 for additional pricing details 2 Please seepage 5 for additional pricing details. Supplement cost to be reduced to $20 per page if utilizing 10-year contract; 3 Please see page 6 for additional pricing available on our MunicodeNEXT platform. 3 RECODIFICATION QUOTATION SHEET Recodification base cost includes: Based -on 1,500 double column 12-point font pages, or equivalent * Receipt, review and organization of materials Legal analysis & research by a full-time, Municode attorney * Preparation of legal memorandum by a Municode attorney Conference with attorney (make selections below) Implementation of approved legal findings * Updating State Law references * Editorial preparation and proofreading Page formatting Indexing * Tables5, Graphics6 & tabular matter' Final proofreading and corrections Quality control review and printing * 5 copies, to include 3-post stamped binder and tabs or ring binder and tabs * Sample adopting ordinance prepared by a Municode attorney Project is based on the font size & pages below — please only select one: $28,7644 Double Column: ❑ 10-point (1,141) ❑ 11-point (1,390) ❑ 12-Point (1,500) Conference Selection: ❑ On -site conference, each Attorney time, travel, lodging and per diem ❑ Teleconference or web -based conference, 3-hour session No charge$ Optional Services ❑ Gender Neutralization of Code Items not included in base cost $1,600 * Pages over 1,500 12-point, double column pages per page (not to exceed 50 pages) $20 Pages under 1,500 12-point, double column pages per page (not to exceed 100 pages) $14 * Freight Actual State sales tax If applicable * Post your code on MunicodeNEXT See selections on page 6 Payments for recodification project (your project can be budgeted over 2 fiscal years) Execution of Agreement $10,000 * Submission of the Legal Memorandum $7,000 * Submission of Draft Code $7,000 * Delivery Balance 4 Not to exceed $29,764 (or 50 excess pages) for recodification services. Legislation added to the project must be approved and received prior to the established cutoff date. Following the delivery of the final code draft for client proofing, any extensive changes requested in the Code content, and/or any material added to the Code that was not previously contemplated, will be subject to an additional Proof Update fee. Proofs not returned within 45 days may be subject to a proof update fee. 5 The following tables will be created and are included in the base cost: supplement history table, code comparative table, State Law reference table and ordinance history table. An additional hourly charge applies for creation, modification, addition or updating of any table or schedule other than those enumerated in this footnote. This includes Traffic and Fee tables or schedules. 6 Includes printing all copies. 7 Tabular matter is defined as algebraic formula, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. 8 For the initial 3-hour session, then $150 per hour thereafter. SUPPLEMEh 'TATION QUOTATION SHEET Supplement Services Supplement Service Base Page Rate Page Format Base Page Rate Double Column $24$2010 per page Base page rate above includes: �k Acknowledgement of material err Data conversion, as necessary Editorial work �tr Proofreading �r Updating the index (if elected) * Schedule as selected by you11 Updating electronic versions12 and online code # Printing 1-5 copies Base page rate above excludes: Freight State sales tax * Images, Graphics13 & tabular14 matter, each MyMunicode or online code Electronic media options for Code of Ordinances (sent via download)15 ❑ Folio Bound Views ❑ WORD (DOCX) ❑ Adobe PDF of the code ❑ Adobe PDF of each supplement Actual If applicable $10 Selections on page 6 $150 initially then $100 per update $150 initially then $50 per update $150 initially then $50 per update $150 initially then $50 per update Invoices for Supplements and Additional Services will be submitted upon shipment of project(s). 9 All prices quoted in this section may be increased annually in accordance with the Consumer Price Index — Bureau of Labor Statistics. 10 Supplement page rate to be reduced to $20 per page if utilizing 10-year contract: 11 Schedule for supplements can be weekly, bi-weekly, monthly, bi-monthly, quarterly, tri-annual, semi-annual, annual or upon authorization. Electronic updates can occur more frequently than printed supplements. 12 We do not charge a per page rate for updating the internet; however, a handling fee is charged for PDF, Word, Folio or additional electronic media items ordered. 13 Includes printing of all copies. 14 Tabular matter is defined as tables, algebraic formula, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. 15 "delivery" is defined as making updated electronic data available to you via download or FTP. Fee applies whenever content is delivered as PDF, Folio or Word, via one of the aforementioned mediums. 5 ONLINE CODE HOSTING QUOTATION SHEET MunicodeNEXT Online Code Online features can be purchased on an a la carte basis, or through our budget -friendly, feature -rich MyMunicode bundle for the best value. Please visit our online library of 3,700 codes on MunicodeNEXT here. Please check the appropriate box (es) to indicate your selection: STANDARD ONLINE CODE HOSTING ❑ Online Code = MunicodeNEXT. annually First year of online hosting services at no charge! $450 Mobile friendly site. Full functionality and optimal screen resolution on all devices. In -line images & scrolling tables & charts. Narrow, Pinpoint & Advanced (including Boolean) Searching. Previous and Hit buttons, Persistent breadcrumb trail. Print or Save as formatted WORD (DOCX). Google Translate supports over 90 languages. Social Media/Email. Share links to sections via email, Facebook, Twitter, etc. Post public notes, external links or documents within the contents of your online Code to keep your citizens informed of current issues pertinent to specific sections of your Code. OPTIONAL SERVICES ❑ CodeBank annually $150 Permanent online collection of previous versions of the code. ❑ OrdBank annually (or per ordinance) $600 Permanent online collection of ordinances with hyperlinks from history notes, supplement history table, ($35) and code comparative table to ordinances. This service applies to amendatory (included) ordinances only. ❑ OrdBank + OrdLink annually (or per ordinance) $700 Provides hyperlinks from newly adopted amendatory legislation to sections of the code to be amended. ($60) ❑ CodeBank Compare + eNotify 76 annually $250 Compare any two versions of your online code (starting with the first Municode supplement). Notify provides readers email updates each time the code is updated. MuniPRO Service annually (sample Ordinance Service) No charge for the first year of service! $295 Search over 3,700 online codes/ordinances. Attach notes to codes and drafts of new legislation. ❑ Custom Banner one-time fee $250 Customize MunicodeNEXT to match the look of your website. ❑ MuniDocs17 annually, upgraded self -loading capabilities (first 3 months at no charge) $360111 Host any other municipal documents in a fully searchable format, including Minutes, Agendas, Resolutions, Budgets and more for self -loading to the MuniDocs platform! My Municode - Value Pricing! ❑ MyMunicode annually. First year of online hosting services at no charge! $1,19519 Includes MunicodeNEXT (Online Code), OrdBank, CodeBank, CodeBank Com Sare + eNotify, MuniPRO, and Custom Banner RECOMMENDED ADDITIONAL SERVICES ❑ MunicodeMEETINGS Agenda Management Software, annually ($9,800 if bundled with Code) $10,000 Cloud -based agenda meeting management system. Streamlines and automates agenda process. Increases agenda process visibility, easy agenda updates, approval workflow, live council voting & roll call, email notifications, a unified document search and automated approval routing. 16 Enrollment in CodeBank is required in order to receive the CodeBank Compare available upon request. 16 Total value if each item were to be purchased a la carte would be approximately $1,745 per /eNotify technology. 11 Your MuniDocs files can also serve as storage for archived ordinances within the MuniDocs platform. Unlike our online OrdBank feature, these self -loaded archived ordinances will not be linked to the legislation within the online Code. All ordinances for codification and all ordinances for linking via our OrdBank feature can be emailed to us at ordsLa municode.com. 18 Includes up to 25GB data storage. Quote for additional document storage is available upon request. 19 Total value if each item were to be purchased a la carte would be approximately $1,745 per year with participation in our OrdBank service.