05-48 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 05.48
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO
EXECUTE AN AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND
FRANKLIN LEGAL PUBLISHING.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute,on behalf
of the Town Council of the Town of Prosper, Texas, an agreement between the Town of Prosper, Texas and
Franklin Legal Publishing.
SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS
THE 14th day of June, 2005.
Charles anger, M r
ATTEST TO:
Shanae Jennings, n ecretary
PROFESSIONAL SERVICES AGREEMENT
TABLE OF CONTENTS
PART I. CODIFICATION AND LEGAL REVIEW SERVICES
(1) Copies of Ordinances to be Provided 1
(2) Editorial Review, Analysis and Codification 1
(3) Legal Review 1
(4) Editorial and Legal Conference 1
(5) New Ordinances and Code Provisions 1
(6) Arrangement, Notations, Cross References, Charter
References and State Law References 2
(7) Code Index and Table of Contents 2
(8) Ordinance Disposition Table 2
(9) Proof and Adopting Ordinance 2
(10) Printing and Final Copies 2
PART II. LOOSELEAF SUPPLEMENTAL SERVICE
(1) Service Provided As Requested 3
(2) Incorporation of New Ordinances 3
(3) Index, Table of Contents and Ordinance Reference Table 3
(4) Instructions Provided 3
(5) Supplement Fees 3
PART III. FEES 4
SIGNATURE PAGE 6
PROFESSIONAL SERVICES AGREEMENT FOR
CODIFICATION AND LEGAL REVIEW SERVICES
Franklin Legal Publishing, Inc., hereinafter referred to as "Franklin Legal Publishing,"
hereby agrees to edit, codify and publish a new Code of Ordinances for the City of
Prosper, Texas, hereinafter referred to as "City," according to the following terms and
conditions.
PART I: CODIFICATION AND LEGAL REVIEW SERVICES
(1) Copies of Ordinances to be Provided. The City will provide one (1) copy of all
ordinances adopted by the City within thirty(30)days of execution of this agreement.
(2) Editorial Review, Analysis and Codification. All ordinances of the City of
Prosper will be arranged into a new Code of Ordinances for the City. During this process,
Franklin Legal Publishing will analyze each ordinance and identify any conflicts,
ambiguities, obsolete, and/or duplicative provisions which may be found.
(3) Legal Review. Attorneys for Franklin Legal Publishing will review all ordinances
against state, federal and case law to determine if any provisions are unlawful,
unconstitutional, obsolete, or otherwise unenforceable. A written report of any findings
will be prepared and submitted to the City for review along with recommendations. •
(4) Editorial and Legal Conference. Upon completion of the editorial and legal
review, Franklin Legal Publishing attorneys will meet with key City officials in an
editorial and legal conference to discuss any findings revealed during the editorial and
legal analysis and to determine how to remedy the conflicts. Following this conference,
Franklin Legal Publishing will submit to the City a written memorandum of
understanding outlining the substantive changes approved at the editorial and legal
conference.
(5) New Ordinances and Code Provisions. During the course of the work, Franklin
Legal Publishing will make recommendations for new provisions where there is an
obvious need for legislation on specific subjects. Franklin Legal Publishing will provide
sample ordinances or Code provisions to accomplish this, if requested by the City. Since
the need for such new legislation is of a local nature and varies from city to city, Franklin
Legal Publishing will also rely on the City for guidance with regard to any specific
legislation needed.
Because of the political implications and legal restrictions on their adoption, Franklin
Legal Publishing will not be responsible for the preparation of new zoning and
subdivision ordinances. These ordinances will be incorporated in the Code exactly as
they have been adopted and amended.
FRANKLIN Page 1 of 6
•H Legul Publishing
(6) Arrangement, Notations, and State Law References. Franklin Legal Publishing
will arrange the Code to be all-inclusive and subject matter will be arranged in an orderly
and logical fashion. References to ordinances will be cited to indicate the ordinance from
which each section or subsection is derived. Also, editorial footnotes and cross
references will be incorporated where deemed appropriate so that related Code provisions
can be tied together. State law references will also be provided as footnotes to applicable
Code provisions.
(7) Code Index and Table of Contents. Franklin Legal Publishing will prepare a
comprehensive general index by subject matter and a table of contents for the Code.
Separate tables of contents for inclusion at the beginning of each chapter will also be
prepared.
(8) Ordinance Disposition Table. Franklin Legal Publishing will list all ordinances
included in the Code in a chronological and/or numerical sequence setting out the
location of such code provision or ordinance in the Code or indicating whether they have
been repealed, deleted or superseded.
(9) Proof and Adopting Ordinance. Following the editorial conference, Franklin
Legal Publishing will provide a proof (draft copy) to the City for final review before
adoption. Following this review, the City will notify Franklin Legal Publishing of any
changes needed in the Code, if any. Franklin Legal Publishing will make any changes
needed and send the City amended pages to effect the changes. Franklin Legal Publishing
will not include ordinances in the draft adopted after the date of the editorial and legal
conference. Any such ordinances shall be included in the first supplement to the code.
The revised proof will then be submitted to the City Council for adoption. Franklin Legal
Publishing will prepare an ordinance to adopt the Code which will be submitted to the
City prior to the City Council meeting at which it is being considered for adoption. Such
ordinance will reference all legislation not previously adopted by the City.
(10) Printing and Final Copies. Franklin Legal Publishing will print the adopted Code
on 8-1/2" X 11", 60 lb. offset white paper. The Code will be typed in a single-column,
Times New Roman font. Franklin Legal Publishing will provide the required number of
copies of the adopted Code to the City in 3-ring binders. All binders will be specially
ordered heavy-duty, turned-edge binders. The City's name will be embossed in gold-leaf
on the binder. Franklin Legal Publishing will also furnish custom-made mylar separator
tabs, printed on both sides, for each chapter and other major divisions of the Code.
Final copies will be either delivered or shipped to the City free of charge. Franklin Legal
Publishing will also provide one (1) complimentary copy of the Code to the Texas
Municipal League (TML) in Austin. TML will also receive each supplement to the Code
at no charge.
FRANKLIN Page 2 of 6
MEI Legal Publishing
PART II: LOOSELEAF SUPPLEMENTAL SERVICE
(1) Service Provided Annually. Supplemental service will be provided to the City on
an annual basis or as requested. All supplements will be completed and mailed to the
City within forty-five (45) days of receipt of the ordinances. The City agrees to permit
Franklin Legal to prepare the annual Code supplements(s) for at least three (3) years or
for the first three(3)Code supplements, whichever is longer.
(2) Incorporation of New Ordinances. All new ordinances adopted by the City since
the adoption of the Code or last supplement will be studied in conjunction with existing
Code provisions to determine if any provisions of the Code are repealed, amended, or
replaced. The new ordinances will also be reviewed with regard to their legality and
constitutionality. New pages will be printed to remove any such repealed or amended
provisions and to allow for the insertion of newly adopted provisions. The same
numbering system and type will be used as in the original Code.
(3) Index, Table of Contents and Ordinance Reference Table. The Index, Table of
Contents, and Ordinance Reference Table will be fully updated with each supplement.
(4) Instructions Provided. A Code Supplement Instruction Sheet will be prepared with
each supplement to provide instructions for the removal of obsolete pages and insertion
of new pages.
(5) Supplement Fees. Franklin Legal Publishing will prepare and print the required
number of copies of each supplement at the rate as provided for in Part III hereof. This
price is guaranteed for three (3) years. In exchange, the city agrees to use Franklin Legal
Publishing's supplement service for no less than three years or for the first three (3)
supplements.
FRANKLIN Page 3 of 6
II=Legal Publishing
PART III. FEES
(A) CODIFICATION SERVICE
(1) Base Codification Fee, includes $7,950.00
a. Editorial Work
b. Typesetting and Printing of Proofs (Note: No additional charge for
tables and/or graphics)
c. Indexing
d. Printing and Binding
i. Number of copies 2
ii. Number of binders 2
iii. Number of sets of custom tabs 2
iv. Estimated pages* 350
e. Shipping and Delivery (no charge)
(2) Base Fee Does Not Include:
a. Pages in excess of those listed above will be billed at$21.00 per page.
(3) Additional Services.
a. Completed code on CD-ROM integrated with Folio Views
search and retrieval software**
i. One License $495.00
ii. Each Additional License $75.00
iii. Site License for up to 15-Users $1,000.00
b. Code on Internet, per year $350.00
c. Additional complete bound copies of completed code $150.00
d. Reprints of Chapters Quotation on request
(4) Payment Schedule for Codification.
a. Upon execution of agreement 20%
b. Upon completion of editorial and legal conference 35%
c. Upon delivery of draft for adoption 35%
d. Upon delivery of completed new codes 10%
*A page is defined as the area on one(1)side of a sheet of paper. A sheet contains two(2)pages.
** Prices include hyperlinking of all internal and cross references throughout the code text with no
additional charge.
FRANKLIN Page 4 of 6
Legal Pnbl:rbing
(B) SUPPLEMENTATION SERVICE
(1) Printed Supplement Service
a. Annual Fee None
b. Number of Printed Copies 2
c. Supplement Service
i. Cost per printed page (Note: No additional charge for
tables and/or graphics) $20.00
ii. Cost for updated Folio CD-ROM, per supplement $75.00
iii. Additional sets of Folio CD-ROM $50.00
(2) Rapid Web Update ServicesM Internet Updates (Note: Cost includes
printed copy supplementation on annual or semiannual basis.)
a. Quarterly or bimonthly schedule, cost per page $23.00
b. Monthly schedule, cost per page $25.00
(3) Payment For Supplementation Service
a. Payment for supplementation service will be due upon receipt of invoice.
b. Supplements will be invoiced when shipped.
PART IV: AGREEMENT IS BINDING
When executed by both Franklin Legal and the City, this proposal constitutes an
agreement between the parties. There are no other agreements or representations other
than those set forth in this agreement. This agreement may not be modified except in
writing, signed by both parties. The proposed terms of this agreement shall remain in
force and effect for a period of ninety(90) days from the date appearing below.
FRANKLIN Page 5 of 6
ENE I egal Publishing
Submitted by:
FRANKLIN
mill Legal Publishing
R. Kirk Franklin
President/Attorney at Law
Franklin Legal Publishing, Inc.
Date: 1 u,r) P 7 2 aas
Accepted by:
/��/you
Title
Date: Jc-A S O
deks/'
"liter4
FRANKLIN Page 6 of 6
ENE Legul Puhlt ing