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.
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•
•
(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.
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(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.
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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)
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(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