HomeMy WebLinkAbout#13 - Recodification Agenda Item STAFF REPORT
DATE: November 19, 2019
CONSENT
AGENDA ITEM: Recodification of the Municipal and Zoning Codes – Approve the contract and
services for Municode to perform codification and host the Municipal Code.
SUBMITTED BY: Alex Saxe, Deputy City Clerk
REVIEWED BY: Kristina Handt, City Administrator
Julie Johnson, City Clerk
BACKGROUND: The Municipal Code has not been codified since 2009. The Zoning Code is a separate
document right now that has been updated by staff as changes are made. During recodification staff would
like to combine the Zoning Code into the Municipal Code. Staff researched options for recodification by
looking at what other cities in the metro use and compared costs. Two quotes were given for the
recodification process, one from the current provided American Legal and one from Municode. If the city
were to pursue Municode that would provide a self-publishing software that gives staff the ability to update
codes internally.
ISSUE BEFORE COUNCIL: Should City Council approve the contract and services for Municode to
perform codification and host the Municipal and Zoning Code?
PROPOSAL: This process will take 10-12 months. A full-time, Municode attorney will legally review the
ordinances. They will research all legislation against the State Constitution, State Law, and ordinances will
be compared to Code content to determine if there are inconsistencies or conflicts within the legislation
itself. They will suggest a structure and organization for the Code and provide a table of contents indicating
the recommended structure. They will also provide State Law references within the Code and hyperlinks to
internal references. After 6 months they will provide a legal memorandum containing recommended options
and conduct a conference to review the memorandum and recommendations, it is at this stage any new
ordinances need to be submitted to be executed in the final product. Their team will transfer the Code into
the self-publishing platform, edit the text to reflect proper grammar and stylistic consistency, and then turn
the Code over to the city for future updates and ordinance creation.
The added benefits for switching to Municode is the Self-Publishing Software. Staff have the ability to
draft, edit, submit, and execute code changes through the software creating a more efficient process for
code updates.
FISCAL IMPACT: The recodification cost though Municode is an estimated $14,950 project with an
annual cost of $1,700 for web hosting. Through American Legal the recodification cost is $17,280 with an
annual cost of $495 for web hosting and $18/page for ordinance updates. The recodification project has
$8,000 allocated in this year’s budget and $8,000 in next year’s budget from the legal publishing fund.
OPTIONS:
1) Approve the contract for codification and services from Municode for the Municipal and Zoning
Codes as presented
2) Reject the Municode contract and services and direct staff to pursue the American Legal contract
for codification and services
3) Take no action thereby keeping the Municipal and Zoning codes as they are hosted by American
Legal
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve the contract for codification and services from Municode for the Municipal and
Zoning Codes.”
ATTACHMENTS:
1) Municode Proposal.
2) American Legal Proposal
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RECODIFICATION AND
SELF-PUBLISHING SOFTWARE SERVICES
City of Lake Elmo, Minnesota
October 11, 2019 - Valid for 90 days
James Bonneville
Midwest Senior Regional Executive
Phone 651-262-6262
Email JBonneville@municode.com
PO Box 2235 Tallahassee, FL 32316
This proposal will serve as Exhibit A to any resulting Self-Publishing Software Agreement
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LETTER OF INTEREST
October 11, 2019
Mr. Alex Saxe
Deputy Clerk
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042 via email: asaxe@lakeelmo.org
Mr. Saxe:
Thank you for speaking with Midwest Senior Regional Executive James Bonneville regarding the
recodification of the City’s ordinances, followed by the publication and maintenance of your new Code
utilizing our Self-Publishing Software service. This proposal will provide the scope of services and pricing
details for the recodification process, which will result in an official Code of Ordinances that is free from
internal conflicts and inconsistencies, conforms to the laws of the State of Minnesota and is easily
accessible to staff and citizens alike. Our staff includes 12 in-house professional codification attorneys who
have completed hundreds of codification and recodification projects nationwide. We will be happy to
provide a recent Legal Review Memorandum sample upon request.
With over 68 years of experience, Municode is the oldest and most trusted codifier in the nation. We currently
provide codification services to over 4,500 municipalities throughout the United States (including 71 in the State
of Minnesota) and host over 3,500 municipal codes online in our online library. Whether it's through the legal
codification process, full-service or self-service supplementation options, online legislative search tools, meeting
management and agenda software, or custom government website design, we have the experience, resources
and expertise to provide our local government clients with innovative products, superior technology and
excellent customer service. We invite you to visit our corporate website at https://www.municode.com/ to explore
our full suite of government services.
Following the adoption of the new Code, o ur Self-Publishing Software will enable you to publish and maintain the
Code and other desired publications independently and in-house. After the Code is converted to our Self-Publishing
database, authorized users can log in to the online code, draft proposed changes directly within the contents of the
Code, automatically generate ordinances and resolutions, and then publish the amended Code on the web. T o
watch a short informative video summarizing our Self-Publishing Software service, please click here.
The following pages describe the recodification process and the benefits of our Self-Publishing Software in more
detail. To start the recodification process, simply make your selections on pages 3-5 of this proposal and fill in
and sign the signature page on page 13. If you have any questions, please let us know. In addition to email,
James can be reached at 651-262-6262 and our Vice President of Client Services, Steffanie Rasmussen (800-
262-2633 ext. 1148), also welcomes your call at any time. Thank you for the opportunity to submit this proposal,
and we look forward to speaking with you soon.
Sincerely,
Dale M. Barstow
Vice President of Sales
Phone: 800-262-2633 ext. 1225
2
EXECUTIVE SUMMARY
Recodification, Supplementation and Website 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. We will quickly and efficiently transition your new code to our Self-Publishing
Software database for ongoing maintenance!
Recodification .............................................................................................................. …$14,9501
Timeline ................................................................................................................... 10-12 months
The Recodification cost of $14,950 is based on an estimated 700 page code.
A full-time, Municode attorney will legally review the 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 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. We will provide a legal memorandum containing recommended
options and conduct a conference to review the memorandum and recommendations.
Our team will transfer the Code into our self-publishing platform, edit the text to reflect
proper grammar and stylistic consistency, and turn-key the Code over to you for future
updates and ordinance creation.
Self-Publishing Software Platform2:
Annual Online Software Licensing and Web Hosting ................................................................ $1,700
Online Code Hosting services for additional publications .................................. $295 per publication
Conversion Timeline, post code adoption ............................................................................ 4-6 weeks
1 Please see page 3 for additional pricing details.
2 Please see page 4 for additional pricing details.
3
RECODIFICATION QUOTATION SHEET
Recodification total cost, includes Zoning: $14,9503
Based on an estimated 700 page Code
Receipt, review and organization of materials4
Renumbering, if elected
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
Tables5, Graphics & tabular matter6
Final proofreading and corrections
Quality control review
Adopting ordinance prepared by a Municode attorney
Conversion to Self-Publishing Software database
Conference Selection:
On-site conference, each Attorney time, travel, lodging and per diem
Teleconference or web-based conference, 3-hour session No charge7
Items not included in cost
Legal Review of pages over the estimated 700 page count, per page $18
Freight If applicable
State sales tax If applicable
Payments for Recodification project - Your project can be budgeted over two fiscal years
Execution of Agreement $5,300
Submission of the Legal Memorandum $3,800
Submission of Draft Code $3,800
Delivery Balance
3 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 t o
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, if applicable.
4 Ordinances received following delivery of draft Code may be added in the conversion to the Self-Publishing Software
database at a cost of $18 per ordinance page, but will not be included in the recodification or Legal Review process.
5 The following tables are included in the recodification 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 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.
7 For the initial 3-hour session, then $150 per hour thereafter.
4
SELF PUBLISHING SOFTWARE QUOTATION SHEET
SOFTWARE LICENSE, Code of Ordinances, annually $1,7008
The creation of the custom service/instance online enables users’ access to:
Automatic Ordinance/Resolution Drafting Tool
Automatic Code Updates
Legislative History Tool
PDF Ordinance/Resolution Storage9
Automatic PDF Generation for backup/printing
Online Training and Customer Service
Activation of any additional publication, as quoted below
DATABASE CONVERSION & SOFTWARE SETUP (Includes 3 hours training) No Charge10
The conversion of an existing code/document to the online Self-Publishing platform empowers users to have a
current code and focus on present/future changes. Includes up to 1,500 pages of Code material, additional
pages will be converted at 50¢ per page. If Code material is less than 1,500 pages, the remaining page count
balance may be applied toward the conversion of any additional publication during the first 3 months of the
Agreement term. All converted material will be posted to a customer’s platform within 4 to 6 weeks from our
receipt of the applicable material, provided the material is in an editable electronic format .
SOFTWARE LICENSE, Additional publications, each, annually $29511
Minutes (Council Minutes, Planning Commission Minutes, etc.)
Policies & Procedures (Employee Handbooks, Manuals, etc.)
Resolutions
Public Works, Cemetery, Sewer & Water, etc.
Construction Standards, Design Standards, etc.
Plans, (General Plan, Comprehensive Plan, etc.)
Charters, Museums, Airports, etc.
ADDITIONAL SERVICES AVAILABLE:
Conversion, per additional publication (if added after the first 3 months) $1,000
Code Update Services, per hour (following initial publication & training) $15012
Consultation Services, per hour $10013
Additional Training, per hour $150
Onsite Training Quote available upon request
RECOMMENDED ADDITIONAL SERVICE (See pages 10 & 11 to review additional services available)
The perfect companion to our Self-Publishing Software!
MunicodeMEETINGS Agenda Management Software, annually $4,000
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.
MuniPRO Service annually $295
MuniPRO allows you to search over 3,500 codes in the Municode library, save frequently used
or complex searches, create notes to attach to any publication and draft new ordinances.
8 Based on a 3-year Software Licensing Agreement. Following the initial term, prices quoted in this section may be increased
annually in accordance with the Consumer Price Index – Bureau of Labor Statistics.
9 Data limitations may apply.
10 Provided Municode can rely upon the version of the Code furnished and it is in an editable, electronic format. Complex or
form-based graphics may be subject to an additional conversion fee, but we will advise in advance if this occurs.
11 Includes 5 user licenses. Quotes for additional user licenses available upon request.
12 Excludes legal services. Should legal services be desired, please contact us for a price quote.
13 Excludes legal services. Can include codification training, amendments to signature setup, graphic design/digital imaging
services, meeting attendance or special projects. Should legal services be desired, please contact us for a price quote.
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COMPANY PROFILE
History, Mission, and Team
With over 68 years of experience, Municode's mission is to connect public sector organizations with their
communities. Our solutions promote transparency and efficiency - such as custom website design, meeting and
agenda management, the legal
codification process, and our
robust suite of online legislative
search tools.
Municode partners with more
than 4,500 government
agencies across all fifty states.
Municode is a privately-owned
corporation and is financially
sound with no debt. Our
leadership focuses on improving
Municode through investments
in its people and its technology.
Our culture is conducive to the
longevity of our employees,
ensuring that clients can
establish a long-term
partnership with our
experienced and stable workforce.
Municode is home to over 160 employees (most of whom enjoy a 10+ year tenure). Our headquarters in
Tallahassee, Florida includes
four buildings totaling 56,000
square feet. Our West Coast
office is located just south of
Portland in Lake Oswego,
Oregon. We also have individual
team members working in several states across the country.
Our Vision: Simple, Seamless Integration
Our vision is to create seamless integration between our service offerings . The goal is to reduce staff workload,
while at the same time, increasing the ability for municipalities to connect with their communities.
The following example integration points are either in place today or
envisioned in our future strategic roadmap.
Unified search across all platforms (website, meetings, online
codes)
Auto-publish agendas and minutes from the Meetings platform
to the Website
Ordinance auto-publishing from the Meetings platform to your
online code, queued for supplementation, Code of ordinance
cross-references to legislative voting history, minutes, and
video/audio
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RECODIFICATION SCOPE OF SERVICES
During the recodification process, the attorney assigned to your project will organize and examine all
ordinances and code related material in order to produce a Code of Ordinances that it is free from conflicts
and inconsistencies and conforms to the laws of the State of Minnesota. Your Municode attorney will be
available to consult with you and your staff at any time during the recodification process. This personal
dialogue ensures that your code will accurately reflect the intent of your ordinances and the unique ne eds of
your community. The complete process is outlined below.
Ordinances. All legislation 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
and proofreaders will be assigned to this project. Our legal team will rese arch the Code and all legislation
submitted by you to ensure conformity with state statutes. The ordinances will also be compared to 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.
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.
Graphics and Tables. Our team will create all tables (contents, State Law Reference, prior code comparison
and ordinance disposition) for your code as necessitated by the materials provided. We will insert the graphics
you have provided into the code.
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 posting online. 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 an adopting ordinance upon completion of the recodification.
Timeframe. The time frame for completion of the recodification project is within 10 to 12 months, excepting any
delays occasioned by your municipality.
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SELF-PUBLISHING SOFTWARE SCOPE OF SERVICES
Our Self-Publishing Software was created specifically for municipalities who prefer to publish and maintain
their Code (and other selected publications) online and “in-house”, using your staff in lieu of Municode’s team
of Legal Editors and Legal Proofreaders to edit and update the Code.
Our Self-Publishing Software service puts the maintenance of the Code directly into our client’s hands and is
equipped with all of the tools and technology needed to ensure the successful self -maintenance of your Code
and other publications.
We Convert Your Code, You Publish
The self-publishing process begins with converting your newly codified Code of Ordinances into Municode’s
Self-Publishing software platform. If desired, our experienced editorial staff is available to provide future
assistance, as indicated on the Price Quotation Sheet. While some municipalities may prefer the complete
independence our online framework offers, we are always available to assist upon request.
After your material is converted to the Municode software platform, we will provide the necessary training to
enable authorized users to update the online Code of Ordinances. This process occurs through our proprietary
code-to-document proposal method (which generates automatic digital ordinances/resolutions), or by converting
a passed document into the online platform.
Your Changes = Instant Ordinances
As you propose changes in your online code, your edits are tracked and redlined, allowing you to generate
automatic ordinances or resolutions for legislators. All proposals made to the Code are automatically numbered
and redlined, enabling your Council to clearly see what material has changed, and how those changes will
impact your code. Upon passage, staff digitally applies roll call votes. Signatures and seals are applied via
email approval. Once the attester approves, your code is current +
Sign, Seal & Update by Email Approval
After the automatically-generated document is passed by your Council, an email is generated to request the
approval and authorization of your presiding Officer(s) and Attester(s). Upon their authorization, your online
code can be instantly updated, and the documents may also be digitally signed and sealed.
In addition to self-publishing your Code of Ordinances, other books or publications can be published and updated
within our Self-Publishing platform, such as Minutes, Policies & Procedures, Fee Schedules and more.
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SELF-PUBLISHING SOFTWARE FEATURES
Complete Edit, Legislative History
Transparency is your and our primary objective. All changes made to your code within the system
are fully and automatically documented and recoverable. The Self-Publishing Software service
automatically records your legislative history for your citizens to see the evolution of your code
supported by the actual ordinances which adopted, amended, or repealed your section of the code.
Ordinance Design & Review
While some cities and towns may prefer the complete independence our online framework offers,
other communities may request assistance from our full-service codification staff. Our experienced
staff is available to provide your community with codification services which can include ordinance
review, design, and support. Whether you need assistance using the software tools, or in reviewing
or designing ordinances, we have a dedicated staff available to help with all your codification needs.
Email Notification of Updates
How often do staff or citizens ask you the last time the code was updated? Give everyone the ability
to sign up for email notifications! Users will receive an email containing a link which directs them to
what has changed.
Ordinance/Resolution Drafting Tool
As you propose changes in your online code, your edits are tracked and redlined, allowing you to
generate automatic ordinances or resolutions for legislators.
Ordinance / Resolution Creator with Digital Signature & Seal
Upon passage, staff digitally applies roll call votes. Signatures and seals are applied via email
approval. Once the attester approves, your code is current + updated!
Search & Browse Features
Cross-reference linking
Citations in context of legislation
Shareable link to any title, chapter, article, division, or section
Search by keyword, and within specific areas of the code
PDF Ordinance/Resolution Storage
Tired of searching for original ordinances? Our Self-Publishing Software allows you to store,
search. Data limitations may apply.
Desktop, Mobile Friendly
All of our tools use widely accepted web standards and are cross-browser compliant. Your codes
are instantly available online as well as on any mobile device the second you choose to make them
available. We support all modern mobile browsers and make our best effort to comply with WCAG
2.1 Level AA checkpoints for accessibility.
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Branding, Theming
Each municipality can choose the colors, logos, and fonts that represent their unique identity. No
more one-size-fits-all that other codifiers force you into. We will also support your custom domain
for the location of your code. We also include an array of analytics that will show you how your
citizens use your books including commonly accessed resources.
Host Additional Searchable Publications
Some cities and towns use our Self-Publishing Software to provide additional resources to the
public. The software platform is designed to publish online any regulation or policy that your
community implements. Whether it’s your municipal code, personnel policies and procedures,
public work standards and technical specification, compilation of resolutions or executive orders,
minutes, or other regulations; each of these books can be published through our online framework.
Online Training and Customer Service
Municode provides support and Municode provides support and training to clients to ensure
familiarity with all aspects of the software. Municipal staff who receive our custom training and self-
publish develop themselves professionally and become favored by municipal governments
throughout the country.
Prudent, Cost Effective
Update as little as or much as you need. With SPS, there are no limitations or additional expenses.
Most municipalities can save up to 70% with Self-Publishing Software! Our annual rates are fixed,
not variable. This means your codification expense won’t exceed the budget.
Reliable, Cloud Based
Using one of the biggest cloud-based infrastructures in the world, we can pass on our uptime
guarantee of 99.9%! Customers can easily upload all supporting documentation and images such
the original legislation, ordinances, zoning maps, documents, etc.
Print-friendly
Download online code as PDF File, enabling print or backup
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ADDITIONAL SERVICES AVAILABLE FOR PURCHASE
Municode offers a wide variety of services, all of which have been designed primarily to serve local
governments. Please contact us for information and pricing on any of the services listed below, all of which may
be purchased under this contract and all of which are competitively priced.
Website Design and Hosting Services
Let our team of web analysts and developers create or redesign a website for your municipality that provides
your staff and citizens with a stunningly beautiful website that is simple for staff to use, easy for citizens to
access, responsive, interactive, dynamic, and extremely efficient! Using the popular Drupal, open-source
framework, we will work with you to understand
your history, anticipate your future, define your
priorities and achieve the long-term goals of your
community.
When Municode designs your completely mobile
friendly website, our goal is to improve your image
and your community profile, increase the self -
service capacity of your residents, and empower
your staff to create, edit and maintain website
content as simply and efficiently as possible. The
result will be an unparalleled municipal website
solution at a very compelling price.
Request MunicodeWEB Demo/Proposal
Meeting and Agenda Management
Municode provides a cloud-based agenda meeting management system that enables our clients to save time
and money by streamlining and automating the agenda process. With zero set-up requirements, minimal budget
impact, built in automatic upgrades and internal and external IT support issues managed directly by Municode’s
expert team of web analysts and system developers, your staff will spend significantly less time on agenda
management, while still maintaining total administrative control of your agenda packets.
Municode provides the highest level of government
transparency to your citizens. W e will show you
how to live stream your meeting videos at no cost
and can provide archived video and audio linking
capabilities that will allow your constituents to
access the exact point in the meeting video where a
specific piece of business is discussed. You can
take roll call and record votes live in the meeting –
and legislators can also vote directly from their
Mac, PC, iPad, or Android device!
Other benefits include agenda process visibility,
easy agenda updates, approval workflow, live
Council voting & roll call, Email notifications, a
Unified Document Search and automated approval
routing. When you are ready to publish your Agenda, our “single click publishing” will provide you with automatic
agenda and packet creations.
Request MunicodeMEETINGS Demo (see pricing page 4)
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Payment Solutions - Point and Pay
Our preferred payment solutions partner Point & Pay (https://www.pointandpay.com/) makes paying bills
easier! Everything they do is backed by their best-in-class user interfaces, insightful features and high-quality
service and support. City/County taxes, utility bills, permits & licensing, and more. With a focus on mobile
interfaces, they enable your customers to conveniently pay bills whene ver and wherever they want!
Request Point and Pay Demo/Proposal
MCCi Services:
Laserfiche Enterprise Content Management Software and Services
MCCi understands the challenges organizations face every day with paper -based processes. We provide
innovative solutions that transform these challenges into smart practices that improve efficiency, productivity
and organizational structure. Recognized as one of the nation’s top 20 Most Promising Government Technology
Solution Providers, we are also the largest Laserfiche provider in the world. MCCi is passionate about helping
organizations run their office more efficiently – saving time, money and resources! W ith 900 clients nationwide,
MCCi is the largest provider of Laserfiche solutions in the world.
Digital Imaging Services
Through MCCi, Municode can help with your digital imaging services
needs include scanning, indexing and integration of hard copy documents,
electronic documents, and microfilm/microfiche. MCCi provides the most
powerful index retrieval search engine available.
Open Records Request Software
JustFOIA is an affordable, easy to use, completely web-based hosted service that was created specifically to
help you manage and track public records requests. Since JustFOIA is completely web-based, you are able to
login anywhere that has an internet connection. You simply type in your customized web address and enter your
credentials, safely and securely. Your service is available 24/7, every
single day of the year.
JustFOIA helps agencies receive, track and report on open records
requests. JustFOIA is a hosted solution that is user-friendly, affordable,
and integrated with Laserfiche Enterprise Content Management.
Request MCCi Demo/Proposal
Internet-based Document Editing and Presentation System
enCodePlus is a unique Internet-based document editing and presentation system used for authoring,
displaying, and managing all aspects of land development regulations or zoning ordinances. Developed by
community planners, encodePlus assists in the creation of land development and zoning ordinances that are
fully customizable, easy to navigate and rich with features including GIS interactive mapping, a “Land Use Look
Up” tool, hyperlinking to outside resources, historical archiving and in-line graphics.
From its humble beginnings as a stand-alone Windows PC program,
enCodePlus has matured to meet the needs of an innovative and exacting
group of land use code writers and their client communities. To learn more
about how enCodePlus can be an economic driver for your municipality and
positively impact the transparency and navigability of your zoning or land
development ordinance, please visit this link: http://www.encodeplus.com/
Request enCodePlusTM Demo/Proposal
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SIGNATURE PAGE
This proposal shall be valid for a period of ninety (90) days from the date appearing below unless signed
and authorized by Municode and the City of Lake Elmo, Minnesota.
Term of Agreement. This Agreement for recodification services shall begin upon execution and end upon
completion of the recodification project. Following formal adoption, the Code will continue to be published and
maintained by the City, as per the terms of the attached Software as a Service (SaaS) Agreement.
To indicate acceptance of this proposal, please sign below. In addition, please return a signed copy of the
attached SaaS Agreement pertaining to the online publication and future amending of the recodified Code.
Submitted by:
MUNICIPAL CODE CORPORATION
Municode Officer:
Title: Dale M. Barstow, Vice President of Sales
Date: October 11, 2019
Accepted by:
CITY OF LAKE ELMO, MINNESOTA
By: _____________________________________
Title: ____________________________________
Date: ____________________________________
1
Municode Self-Publishing Software Agreement
Lake Elmo, Minnesota
THIS LETTER OF ENGAGEMENT (“Agreement”) is entered between the City of Lake Elmo, Minnesota (“CLIENT”)
and Municipal Code Corporation, DBA “Municode” (“CONSULTANT”). For the purpose of this Agreement,
“USER” is defined as an employee, consultant, third-party contractor or agent to whom “CLIENT” has granted
access to use the services provided under this Agreement. Municode’s proposal of October 11, 2019 will serve
as Exhibit A to this Agreement.
The parties agree as follows:
Term. This Agreement commences on the date it is executed and shall continue until full performance by
both parties, or until earlier terminated by one party under the terms of this Agreement. The initial term of
this Agreement is for a period of (5) five years from the date of the initial online publication. This Agreement
shall automatically renew on an annual basis, unless either party gives the other notice of non-renewal within
thirty (30) days of the scheduled renewal period.
Compensation. It is understood and agreed by and between the parties hereto, that the CLIENT shall pay the
CONSULTANT for services based on the payment schedule provided as set forth in Exhibit A. Payment will be
made to CONSULTANT within thirty (30) days of the receipt of the invoice for services rendered, unless otherwise
indicated in Exhibit A, with the first recurring annual Software License fee, and any other applicable fees set forth
in Exhibit A due within thirty (30) days of completion of data conversion to Municode’s database. Thereafter
CONSULTANT shall invoice the CLIENT annually for the Software License Fee based upon the anniversary date of
the initial online publication, and the anniversary date(s) of any additional publications added during the existing
Agreement term.
1. Consumer Price Index. Following the initial Agreement term, CONSULTANT may increase fees by a
percentage equal to the then applicable annual percentage increase in the Consumer Price Index (CPI).
2. Scope of Services. CONSULTANT’s services under this Agreement shall consist of services as detailed in
Exhibit A. The Scope of Services may be amended or modified upon the mutual written agreement of the
parties during the term of the Agreement.
3. Use of Services.
a. CONSULTANT Responsibilities. CONSULTANT shall: (i) provide to CLIENT initial software training and
ongoing standard telephone and internet support for the purchased software services at no additional
charge and shall (ii) use commercially reasonable efforts to make the purchased software services
available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give
notice via the purchased software services or email and which CONSULTANT shall schedule to the
extent practicable during the weekend hours from 9:00 p.m. Eastern time Friday to 6:00 a.m. Eastern
time Monday), or (b) any unavailability caused by circumstances beyond CONSULTANT’S reasonable
control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil
unrest, acts of terror, strikes or other labor problems (other than those involving CONSULTANT’S
employees), failure or downtime in Third-Party or Internet service provider failures or delays, and (iii)
provide the purchased services only in accordance with applicable laws and government regulations.
b. CLIENT Responsibilities. CLIENT shall (i) be responsible for USER’S compliance with this Agreement, (ii)
be solely responsible for the accuracy, quality, integrity and legality of CLIENT Data and of the means
by which CLIENT acquired said Data, (iii) use commercially reasonable efforts to prevent unauthorized
access to or use of the services and notify CONSULTANT promptly of any such unauthorized access or
use, and (iv) use the services only in accordance with all applicable laws and government regulations.
CLIENT shall not (a) make the services available to anyone other than USERS, (b) sell, resell, rent or
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lease the services, or (c) use the services to store or transmit infringing, libelous, or otherwise unlawful
or tortious material.
c. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on disk
storage space, on the number of calls CLIENT is permitted to make against CONSULTANT application
programming interface, and, for services that enable CLIENT to provide public websites, on the
number of page views by visitors to those websites.
d. CLIENT acknowledges that all material delivered to CONSULTANT will be compiled and published by
CONSULTANT without benefit of Legal Review. CONSULTANT shall not be responsible for the legality
of any material initially or subsequently published, unless professional Legal Review services by
CONSULTANT are specified for inclusion in Exhibit A, and then only upon the initial publication of the
material as delivered in final format by CONSULTANT. CONSULTANT recommends that CLIENT engage
the independent services of a qualified attorney to initially and intermittently legally review all
published material in order to ensure compliance with local, state and federal laws, rules and
regulations. Should the publication include legislative material of a general and permanent nature,
CONSULTANT recommends formal adoption of the publication by CLIENT’s legislative body following
independent attorney review of all material published by CONSULTANT.
4. Integration. This Agreement, along with the description of services to be performed attached as Exhibit
A, and the additional products and services described therein contain the entire Agreement between and
among the parties, integrate all the terms and conditions mentioned herein or incidental hereto, and
supersede all prior written or oral discussions.
5. Warranty. CONSULTANT warrants that (i) any services provided hereunder will be performed in a
professional and workmanlike manner and (ii) the functionality of the services will not be materially
decreased during the term. CONSULTANT's entire liability and exclusive remedy under this warranty will
be, at the sole option of CONSULTANT and subject to applicable law, to provide restored service(s) which
conforms to these warranties within 7 days or to terminate the service(s) and provide a pro-rated refund
of any prepaid fees (for the period from the date of the breach through to the end of the term).
6. Liability. CONSULTANT’s total liability arising out of any acts, omissions, errors, events, or default of
CONSULTANT and/or any of its employees or contractors shall be limited by the provisions of this
Agreement and further limited to a maximum amount equal to the consulting fees received by
CONSULTANT from CLIENT under this Agreement.
7. Termination. This Agreement shall terminate upon the CLIENT's providing CONSULTANT with thirty (30)
days' advance written notice. In the event the Agreement is terminated by the CLIENT's issuance of said
written notice of intent to terminate, the CONSULTANT shall pay CLIENT a pro-rated refund of any prepaid
hosting and support fees (for the period from the date of the termination through to the end of the term).
8. Independent Contractor. CONSULTANT is an independent contractor. Notwithstanding any provision
appearing in this Agreement, all personnel assigned by CONSULTANT to perform services under the terms
of this Agreement shall be, and remain at all times, employees or agents of CONSULTANT for all purposes.
CONSULTANT shall make no representation that it is the employee of the CLIENT for any purposes.
9. Ownership of Product.
a. Reservation of Rights. Subject to the limited rights expressly granted hereunder, CONSULTANT
reserves all rights, title and interest in and to the services, including all related intellectual property
rights. No rights are granted to CLIENT hereunder other than as expressly set forth herein.
b. Ownership of CLIENT Data. As between CONSULTANT and CLIENT, CLIENT exclusively owns all rights,
title and interest in and to all of the CLIENT Data.
c. Suggestions. We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable,
perpetual license to use or incorporate into the services any suggestions, enhancement requests,
recommendations or other feedback provided by CLIENT, including USERS, relating to the operation of
the services.
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10. Cooperative Purchasing. CONSULTANT and CLIENT agree that other public agencies may purchase
goods and services under this solicitation or contract at their own cost and without CONSULTANT or
CLIENT incurring any financial or legal liability for such purchases.
11. Right to Purchase. This Agreement enables CLIENT to purchase any additional services found in Exhibit
A as an addendum hereto.
12. Assignment. Neither party may assign or subcontract its rights or obligations under this Agreement
without prior written consent of the other party, which shall not be unreasonably withheld.
Notwithstanding the foregoing, either party may assign this Agreement in its entirety, without consent of
the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or
substantially all of its assets.
13. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the
State of Minnesota without resort to any jurisdiction’s conflicts of law, rules or doctrines.
14. 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 following addresses:
To CLIENT:
City of Lake Elmo, Minnesota
ATTN: Alex Saxe, Deputy City Clerk
3800 Laverne Avenue North
Lake Elmo, MN 55042
asaxe@lakeelmo.org
To CONSULTANT:
Municipal Code Corporation
ATTN: Steffanie Rasmussen, Vice President of Client Services
PO Box 2235
Tallahassee, FL 32316
info@municode.com
Either party may change the addresses set forth above for purposes of notices under this Agreement by
providing notice to the other party in the manner set forth above.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers
on this ________ day of __________________, 2019.
CONSULTANT Signature: _________________________________________
Name and Title: W. Eric Grant, President
DATED: __________________________________
CLIENT Signature: _______________________________________
Name and Title: ____________________________________ (please print)
DATED: _________________________________