HomeMy WebLinkAboutResolution 9208RESOLUTION NO. 9208
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING CONTRACT WITH LEAGUE OF MINNESOTA CITIES/AMERICAN
LEGAL PUBLISHING FOR CODIFICATION SERVICE OF THE MOUNDS VIEW CITY
CODE
WHEREAS, the City of Mounds View has been systematically updating the entire
City Code since fall of 2017; and,
WHEREAS, once updated, the code needs to be codified; and,
WHEREAS, the League of Minnesota Cities, in partnership with American Legal
Publishing offers this service at a cost effective price along with updating and hosting on
a web accessible server; and,
WHEREAS, the City Council has made this a priority and included funding in the
2020 proposed budget.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does
hereby approve the contract with League of Minnesota Cities/America Legal Publishing
for codification services.
Adopted this 9th day of December, 2019.
4,e �,2-i G,"ezzz'
Carol A. Mueller, Mayor
ATTEST:
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Nyle Z mu , City Administrator
(seal)
The k"sounds View ! ision
A 7?iiicii�a Desiral, Comr3runit�
CODIFICATION SERVICES AGREEMENT
December 2, 2019
The City of Mounds View, 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) 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 I11(3) of this Agreement.
(10) Within three months of receipt of authorization as indicated in paragraph (9), the Codifier will
deliver 10 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'/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.
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(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 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.
(3) Pay the following sums (which can be paid over two fiscal years):
a) The sum of $20,900 (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;
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'/z" x 11"
1,100
$18 per page beyond 5%
Single -column page
8'/2" x 11"
915
$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.
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: v� l
The Codifiers Staff Attorney (or the Leagues 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 orual-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.
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 10 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
The Municipality may purchase additional codes at: $110 per copy or $85 without a binder.
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(5) Code in PDF or Word Processing Program: �.
At no additional charge, the Codifier will provide the code on CD in n f h following
g, p d o e o the formats
(circle one):
PDF WordPerfect or Microsoft Word compatible (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 $750.
(b) Future Supplements of Folio Code: $1.95/page
(cost is in addition to main supplement editing charges)
(c) Code on the Internet (after Folio conversion) at $450 per year:
(7) Reprints:
(a) Pamphlets, sized for 8'/z" 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
Land Use Regulations (Zoning/Subdivison)
(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)
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# of copies
# of copies
7'/z cents per printed page
7 cents per printed page
6'/2 cents per printed page
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
January 31, 2020, 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:
CITY OF MOUNDS VIEW, MN /
BY el
TITLE
DATE
LEAGUE OF MINNESOTA CITIES AND
AMERICAN LEGAL PUBLISHING
M-4
TITLE
DATE
Return signed contract to: Ray Bollhauer
American Legal Publishing
One West Fourth Street, 3`d Fl.
Cincinnati, OH 45202