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9.e) American Legal Scandia proposal 2015 revCode of Ordinances Proposal for Scandia, MN LMC League of Minnesota Cities Cities promoting excel once League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 Duke Addicks, Special Counsel (651) 281-1221 AMERICAN ��IEGAL Publishing Corporation American Legal Publishing One West Fourth Street Cincinnati, OH 45202 Ray Bollhauer, Staff Attorney (800) 445-5588 CODIFICATION SERVICES AGREEMENT March 3, 2015 The City of Scandia, 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 ordinances and/or resolutions provided by the City which have been adopted, and determine which materials are to be codified. The Land Development Ordinance will be included as an option. (2) Classify all materials into titles, chapters, and sections, according to subject matter. (3) Update all provisions to reflect current statutory and case law requirements. (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. (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 5 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 8'/z" 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. Page 1 of 5 (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. II. 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 I (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 IH (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. (3) Pay the following sums: a) The sum of $7,100 (plus Shipping/Handling) for codification excluding the Land Development Ordinance, or b) The sum of $12,900 (plus Shipping/Handling) for codification including the Land Development Ordinance. The sum is 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 8'/2" x 11" 325 without Land Dev. Code $18 per page beyond 5% Single -column page 625 with Land Dev. Code 8'/2" x 11" 275 without Land Dev. Code $22 per page beyond 5% Dual -column page 510 with Land Dev. Code (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. Page 2 of 5 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) Land Development Ordinance: Circle one: Land Development Ordinance incorporated by reference Land Development Ordinance incorporated in full in the code (4) Three year supplemental service plan: For a period of three years after delivery of the code: (a) The Codifier shall: Incorporate into the code new pertinent ordinances submitted by the City. Revise or make additional entries to the table of contents and index as necessary to reflect the incorporation of additional, changed or deleted material. Within 45 days, deliver to the City 5 printed copies of supplemental pages with an instruction sheet for directing the placement of the new pages in the code. (b) The City shall: Provide a copy of ordinances or resolutions passed subsequent to publication of the previous code supplement; 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. Page 3 of 5 (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 (formatting might be slightly different than in WordPerfect file used to create code) (6) 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 $595 (or $795 if Land Development Ordinance is included in new Code). Additional CD's are $10 each + $50 license fee ($60 each): # CDs (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) Additional License Fees for a one-time fee of $50 each: Order: # of additional licenses (d) Code on the Internet (after Folio conversion) at $495 per year: (7) Pamphlets: (a) Pamphlets, sized for 8'/2" x I V 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 Subdivision # of copies # of copies All Land Use Regulations # of copies (b) Cost: 1-50 copies of pamphlet 51-99 copies of pamphlet 100 or more copies of pamphlet (c) Optional 3-ring binders ($15 each) 7'/z cents per printed page 7 cents per printed page 6'h cents per printed page Page 4 of 5 IV. TRANSMITTAL AS OFFER: The transmittal of this Agreement to the City is an offer by the Codifier to perform the stated services at the terms referenced within the Agreement. This offer will expire if not executed by the City by July 31, 2015, unless such date is extended in writing by the Codifier. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date(s) indicated: LEAGUE OF MINNESOTA CITIES AND CITY OF SCANDIA, MN AMERICAN LEGAL PUBLISHING IM TITLE DATE Im TITLE DATE Return signed contract to: Ray Bollhauer American Legal Publishing One West Fourth Street, Yd Floor Cincinnati, OH 45202