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HomeMy WebLinkAbout4.F6. Codification Service Agreement General Business 4. F. 6. SHAKOI'EE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Linnihan, Finance Director/City Clerk DATE: 10/07/2014 SUBJECT: Codification Service Agreement (F) Action Sought To approve a service agreement with American Legal Publishing Corporation, not to exceed the amount of$17,290, for the re-codification of the city code. Background It has been several years since the Shakopee City Code has been re-codified. A re-codification is a maintenance function of city codes to provide increased reader clarity, accessibility, and usability of the city code. City Council has stated the priority of this task, and staff has worked to define the providers and work flow. To perform this function, staff received information and estimates from Kennedy& Graven as well as American Legal Publishing Corporation to re-codify the city code. Kennedy & Graven estimates the process to take 6-9 months at a cost of$20,000 to $25,000. American Legal Publishing Corporation quoted the same time line as Kennedy& Graven but at a cost of$17,290. Based on the information received, staff recommends entering into a service agreement with American Legal Publishing Corporation for the re-codification of the city code. The proposal provides search options, online publishing and other consideration that may provide the city with much needed information and services now and in the future. Recommendation Council is asked to approve a service agreement with American Legal Publishing Corporation, not to exceed the amount of$17,290, for the recodification of the city code. Budget Impact Funding from the General Fund, in 2014 and 2015. Relationship to Vision Housekeeping item (F) Requested Action Move to approve a service agreement with American Legal Publishing Corporation, not to exceed the amount of$17,290, for the re-codification of the city code. Attachments: Codification Services Agreement CODIFICATION SERVICES AGREEMENT January 24,2014 The City of Shakopee,Minnesota("City") and the League of Minnesota Cities and its codification consultant, American Legal Publishing Corporation, (jointly known as "Codifier"),agree as follows: I. THE CODIFIER SHALL: (1) Examine the City's prior Code of Ordinances and all ordinances or resolutions provided by the City which have been passed since the last codification, and determine which materials are to be codified. (2) Legal Review. Utilize its staff of attorneys to review all materials to be codified and prepare a written report for the city attorney. (a) The report may include notice of and suggestions for resolving the following: Apparent conflicts with referenced state and federal statutes and administrative regulations; Repealed, renumbered, or obsolete state and federal statutory citations; Apparent conflicts with prominent federal case law; and Internal discrepancies such as duplications, ambiguities, and obsolete terminology, (b) Suggest new provisions which the City should consider including in the code, and suggest deleting old provisions which are no longer necessary. (c) The review will not involve re-drafting of entire chapters by the Codifier, However, the Codifier will provide model ordinances to the City upon request if in possession of such models. (d) At the option of the municipality,hold a conference with municipal representatives to review the report. The City will not be billed for time of the American Legal staff attorney if it chooses this option, but will be billed for travel expenses. Note: The review performed by the Codifier should not be considered as a substitute for the competent advice of your City Attorney, especially based on his/her in-depth knowledge of local practices and procedures, and American Legal Publishing is in no way assuming the role of attorney for the municipality. Land Use sections of the code are especially specific to the locality and are thus only subject to cursory review and comparison with the rest of the code. (A Sample Report is attached to indicate the type of comments that are likely to be contained in the report for Shakopee.) (3) Classify all materials into titles, chapters, and sections, according to subject matter. (4) Simplify language where appropriate to provide uniformity of style and to convert to gender neutral language wherever possible. (5) Suggest new provisions which the City should consider including in the new code, and delete old provisions which are no longer necessary or which might be improper or unlawful. (6) Organize the code in an easy to use manual which utilizes a numbering system that allows for the easy insertion of future ordinances. Page 1 of 5 • • (7) (a) Prepare title, chapter, and section headings. (b) Prepare a legislative history for each section, citing the ordinance number and date of passage, as indicated on copies of ordinances supplied to the Codifier. (c) Prepare a table of contents and sectional analysis for each chapter. (d) Prepare an index(which will be created after the first draft of the Code is submitted). (8) Within six months of the execution of this contract and return of the code questionnaire,prior code and new ordinances by the City, submit to the city a draft of the code with a legal report prepared by American Legal with the assistance of the League's Attorney. (9) When the City either returns to American Legal its answers to the legal report with any additional comments about the draft, or completes the legal conference,it shall be deemed authorization by the City to the Codifier to finish editing and publish the code in final form. Any further changes, additions, or deletions shall be made in the future supplements to the code in accordance with paragraph III(3)of this Agreement. (10) Within three months of receipt of authorization as indicated in paragraph(9), the Codifier will deliver 20 printed copies of the code meeting the following specifications: (a) Type to be single or dual column,at the option of the City. (b) Page size to be 81/2" x 11". (c) All copies to be in hard leather-like covered,3-ring, loose leaf binders. All binders shall have the City's name stamped in gold and shall contain divider tabs. (11) Deliver to the City a sample ordinance that can be used to adopt the new code. In addition, upon request, the Codifier will provide a copy of the completed code on CD-ROM in WordPerfect or Microsoft Word at no additional charge. IL THE CITY SHALL: (1) Provide clear copies of all materials necessary to perform the codification, including a copy of any previously published code of ordinances, ordinances passed since the code was last updated, City Charter if applicable, and completed code questionnaire. (2) After receipt of the draft and legal report described in paragraph 1(8), the City shall have 60 days to review the draft and report and to return to the Codifier its answers to the legal report. In the alternative, if the City opts for the legal conference described in paragraph III(1), it must contact the Codifier's Staff Attorney within 60 days to set up a meeting date. The meeting, itself, need not occur within the same 60 day period. If the City is unable to either return its comments and answers to the legal report within 60 days or, if applicable, to set up a meeting date, the City may request that the Codifier extend the deadline in writing. The Codifier may adjust the contract price to cover any increased costs due to the City's delay, including applying a supplement editing rate to incorporate new ordinances, resolutions or changes to the code not previously provided to the Codifier within the 60 day time period-even if an extension is granted. Should the City abandon the project prior to completion, it will be billed for a total of 80% of the base price. Page 2 of 5 (3) Pay the following sums: a) The sum of$17,290(plus shipping/handling)for codification,payable as follows: 10% down payment due upon acceptance of this agreement; 60% of the balance upon receipt of the first draft and legal report; The remaining balance upon receipt of the printed code books. (4) The base price above is based upon a code of the following number of pages according to the format option of the City. Should the final number of code pages exceed or be less than the estimate by more than 5%, the base price will increase or decrease accordingly at the time of final invoice: FORMAT NUMBER OF PAGES DECREASE OR INCREASE 81"x 11" 910 $18 per page beyond 5% Single-column page 81/2" x 11" 750 $22 per page beyond 5% Dual-column page (5) Pay any invoices within 30 days of the invoice date. Invoices outstanding beyond the 30 day period shall be subject to a late payment equal to 1.5% of the unpaid balance per month, or part thereof. III. OPTIONAL SERVICES. The City,by the initials of the person signing the agreement, chooses the following options: INITIAL (1) Legal Conference: The Codifier's Staff Attorney(or the League's attorney if requested by the City) will meet with City representatives to review the draft of the code and legal report. The City will pay for the Staff Attorney' travel expenses from Cincinnati, Ohio(or the League's attorney's expenses from St. Paul, Minnesota), including meals and lodging expenses, and this charge is in addition to the base contract price. There is no additional charge for phone conferences. (2) Code Format: Print style(circle one): Single-column or Dual-column (3) Three year supplemental service plan: For a period of three years after delivery of the code: (a) The Codifier shall: 1. Incorporate into the code new pertinent ordinances submitted by the City. Page 3 of 5 2. Revise or make additional entries to the table of contents and index as necessary to reflect the incorporation of additional, changed or deleted material. 3. Deliver to the City up to 20 printed copies of supplemental pages with an instruction sheet for directing the placement of the new pages in the code. (b) The City shall: 1. Provide a copy of ordinances or resolutions passed subsequent to publication of the previous code supplement; 2. Pay to the Codifier the sum of$18 per single column page or$22 per dual column page which is re-printed for the supplement, plus shipping/handling. (c) Upon completion of the three-year period, this agreement shall automatically renew itself from year to year except that either party may alter or cancel the terms of this agreement at any time upon ninety days written notice. (4) Additional Copies of Code: number of copies (with binders: Yes or No) The Municipality may purchase additional codes at: $85 per copy or$60 without a binder. (5) Code in Word Processing Program: At no additional charge, the Codifier will provide the code on CD in one of the following formats(circle one): WordPerfect or Microsoft Word compatible(formatting might be slightly different than in WordPerfect file used to create code) (6) Pamphlets: (a) Pamphlets, sized for 81/2" x 11" copy, containing component parts of the Code, with a cardstock cover, may be ordered: (circle desired topic and insert number of copies): Traffic/General Offenses Code #of copies Zoning Code #of copies Subdivision //of copies All Land Use Regulations #of copies (b) Cost: 1-50 copies of pamphlet —7' cents per printed page 51-99 copies of pamphlet —7 cents per printed page 100 or more copies of pamphlet —6'/z cents per printed page (c) Optional 3-ring binders ($15 each) Page 4 of 5 (7) Code on Searchable CD and Internet using Folio Search and Retrieval program: • (a) The codifier shall provide the City's code in the Folio format on CD with • complete instructions and one copy of a manual for$995. (b) Future Supplements of Folio Code: (cost is in addition to editing charge for printed pages) • Annual update: $195 includes up to 100 pages • Six month updates: $150 for each 6 month period; includes up to 75 pages • Quarterly updates: $100 for each quarter, includes up to 50 pages -Excess pages charged at$1.95 each (c) Code on the Internet(after Folio conversion)at$495 per year: Chose a schedule for future updates: Printed Book Updates: annually six months quarterly as ordinances pass Folio/Internet Updates: annually six months quarterly as ordinances pass (8) Optional Advance Legislative List: (a) Advance Legislative List with linking to text of complete ordinance($10/ordinance) (Add$2 per ordinance if provided to Publisher in hard copy format only instead of electronically such as in MS Word,WordPerfect or PDF) Unlimited number of ordinances $395/year (b) Should all ordinances passed be listed on the web,or just those that affect the code: All ordinances(even if not codifiable): Just codifiable ordinances: IV. TRANSMITTAL AS OFFER: This offer will expire if not executed by the City by May 31, 2014, unless such date is extended in writing by the Codifier. LEAGUE OF MINNESOTA CITIES AND CITY OF SHAKOPEE, MN AMERICAN LEGAL PUBLISHING BY BY TITLE TITLE DATE DATE Return signed contract to: Ray BolIhauer American Legal Publishing 432 Walnut Street, 12111F1. Cincinnati, OH 45202