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05-30-2014 Colorado Code Publishing CompanyPUBLISHING AGREEMENT FOR MUNICIPAL CODE SERVICES 0614 THIS AGREEMENT is made and entered into this day of t , by and between COLORADO CODE PUBLISHING COMPANY, a C61 rado corporation, hereinafter referred to as the "Publisher," and the TOWN OF AVON, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town." WITNESSETH; upon the mutual promises, covenants and considerations furnished by the parties hereto, it is agreed as follows: 1. Publishing Service. The Publisher has provided continuing supplementation services to the Town's Municipal Code and shall continue to undertake on behalf of the Town the publishing services which are described herein, at the price established herein. 2. Supplementation Services. The Publisher agrees to continue maintaining the Municipal Code by the publication of looseleaf supplements as follows: a. Continuing service. The Publisher agrees to continue providing the Code supplementation service, including editorial analysis, the supplementation sets, the Ordinance Disposition Table and Index. Supplementation will include pertinent ordinances affecting the Code and inclusion of interim supplementation language as described in Section 4 below. b. Timetable for publication. The Publisher agrees that, upon receipt of the ordinances from the Town, it will undertake and complete the work of supplementation within forty -five (45) days thereafter and mail the completed work to the Town. c. Cost of services. The cost for each supplemented page is $23.00 per set for each page, the current price charged. A page is considered to be the area on one (1) side of a sheet of paper. The number of sets the supplement will correspond with the previous number of supplementation sets previously provided to the Town. The cost for each request of an updated electronic copy is $60.00 for the Code on one (1) CD. The cost for additional CD versions of the Code is $25.00 per CD. d. Mailing. Upon completion of the work, the Publisher will mail the completed supplements to the Town for distribution. 3. Internet Code Service. The Publisher agrees to continue providing Internet service for the Municipal Code as described below, at the price established herein: a. Monthly maintenance. The Publisher shall host the Municipal Code as last supplemented at its Website at a monthly cost of $43.00, payable in quarterly installments of $129.00 or, at the Town's option, in one (1) annual installment of $516.00, to be prorated from the date of conversion of the Code to .html format as provided below. b. Format. The Publisher shall maintain the Code in two (2) formats, in .html format and in .pdf format, retaining the current search engine, with more selection in the search features for the .html format. Initial conversion of the Code to .html format shall be completed within eight (8) weeks of the delivery of the printed supplement. c. Supplementation update. The Publisher shall update the Municipal Code in .html and .pdf formats after supplements are made to the Code, at the rate of $2.00 per supplemented page. d. Internet timetable. Online updates will be accomplished within fourteen (14) days of completion of the supplementation, except as provided in Paragraph b. above. 4. Interim Updates. The Town has the option to subscribe to an online interim supplementation service, in order to maintain the Internet Code as current as possible. a. Schedule for interim update. After adoption of an ordinance affecting the Code, the Town shall provide such ordinance to the Publisher in electronic format. The Publisher shall provide an interim update and will update on line the affected Code sections and accompanying legislative history within two (2) weeks of receipt of the adopted ordinance. The updated information will be highlighted in the online version of the Code. No changes shall be made to the master tables of contents, ordinance tables or index until they are incorporated into the printed supplementation as described in Section 2 above. b. Interim information. Included with the first web page of the Municipal Code is information stating that the interim supplement contains updated language through a certain ordinance, and that the interim text is highlighted in yellow. Also included is a statement that the online version of the Code is not a part of the official Municipal Code until supplemented pursuant to Section 2 above. c. Interim update rate. The Publisher shall prepare an interim update as described in Item a. above, at a cost of $4.00 per page of affected text. The number of affected pages shall be determined by the Publisher based on the Code pages as they appear on -line in the .pdf format. 5. Payment for Services. Upon completion of the printed supplementation service, the Publisher shall invoice the Town for the preparation of the Supplement as described in Section 2 above, and for the Interim service described in Section 4 above. Shipping and handling shall be paid by the Town. The Publisher shall prepare an invoice for the Internet hosting service described in Section 3 above, to be paid annually or in quarterly installments in advance. The Town will promptly pay the amount due on any invoice within twenty (20) days after receipt of the Publisher's invoice. 6. Term. The term of this Agreement shall be in effect for a period of one (1) year and shall be automatically renewed thereafter for succeeding one -year terms until five (5) years hereafter unless sooner terminated. The Town may terminate the Agreement upon thirty (30) days' written notice. The Publisher, its successor and assigns, may terminate the Agreement after one (1) year upon thirty (30) days' written notice. The parties may at any time modify the terms of this Agreement in writing. -2- IN WITNESS WHEREOF, the Publisher has caused this Agreement to be executed by its officers and affixing the corporate seal thereto, and the Town has caused this Agreement to be executed by its officials and affixing its seal thereto, the day and year first above written. COLORADO CODE PUBLISHING COMPANY Bye=_ �Secretary Sherry A. MpWe hy, / TOWN OF AVON, COLORADO Byr--- -, -3-