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12-05-2003 COLORADO CODE PUBLISHING COMPANY PUBLISHING AGREEMENT FOR MUNICIPAL CODE REPUBLICATIONPUBLISHING AGREEMENT FOR MUNICIPAL CODE REPUBLICATION THIS AGREEMENT is made and entered into this 5th day of December, 2003, by and between COLORADO CODE PUBLISHING COMPANY, a Colorado corporation, hereinafter referred to as the "Publisher," and the TOWN OF AVON, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town." (a) Republication. The Publisher agrees to undertake on behalf of the Town the republishing services which are described below, at the price established herein: (1) The Publisher shall convert the existing Charter, Municipal Code and general legislative ordinances into a published municipal code (the "Code") and computer-based word processing system, which will be fully accessible in Microsoft Word software. (2) The Code will be reviewed for consistency and minor grammatical corrections. No substantial changes shall be made to the content of the Code. A list of proposed minor corrections, additions and deletions will be compiled by the Publisher for review by the Town. (3) Ordinances adopted since the last update by the Town will be incorporated into the Code at the time of republication. No charge shall be made for the first 25 code pages affected by the adopted ordinances. (Tables of contents, reference tables and index pages will be excluded from the counted "free" pages but will be included in the republication at no additional cost.) Additional supplemented pages after the first 25 pages shall be charged at the rate established in Paragraph (e)(5) below. (4) The Code will be printed in a modern two-column format, containing the original tables, graphs and charts. In addition, the completed Code will contain a Table of Contents for each title and a complete Index for the Code. Divider tabs for each title shall be provided. The Code will be assembled in a royal blue two-inch swing-hinge binder with divider tabs, acetate first sheet and last sheet protector, with the Town's name embossed in gold letters on the binder. The hardware and binder are unique and offer the most suitable application for municipal code work, providing easy access to the code contents without the damage to contents often associated with ring or post binders. (5) If adoption of the republished Code is deemed necessary by the Town Attorney, the Publisher shall prepare an ordinance which adopts the Code by reference, repealing any ordinances inconsistent therewith as well as providing for such other ordinances or amendments which are necessary for adoption and in conjunction with the final publication of the Code as desired by the Town. (6) All corrections, additions or any other matters which are suggested for inclusion in the Code, together with the final Code, shall be submitted to the Town Attorney for review. Any review of the work by the Town Attorney shall not relieve the Publisher of its obligations under this Agreement. V, (7) Upon completion of the Code in its final form, the Publisher shall prepare and deliver 40 complete sets of the Code. Each book shall be inserted into an embossed binder with divider tabs, as described above. It is estimated that the final Code will consist of 450 pages, including the tables of contents and index. (b) Cost of Republication. (1) The total cost for the project described in Section (a) above is $4,800.00. One- third ('/3) of the payment shall be invoiced upon execution of this Agreement, one-third ('/3) upon the delivery of the draft of the Code, and the balance upon completion of the contract and delivery of the final Code. Additional sets of the code book will be furnished at a price of $45.00 each when delivered with the code books described above. (2) The cost of the updated code in electronic format, for each occasion when such service is requested, is $25.00 for a floppy disk and $70.00 for a CD. Additional copies of the Code on floppy disk or CD are available at a reduced rate. There is no cost for the first floppy disk or CD upon completion of the republication as described in Section (a) above. (c) Timetable. The procedure and timetable for completion of the work are as follows: (1) After the contract is awarded, the Publisher will enter the existing code and ordinances into a computer-based word processing system for organizing and indexing. A draft will be printed and delivered to the Town within 3 months from receipt of the work, for the Town to review. (2) Within 2 months after editing by the Town and return of the work to the Publisher, additions and corrections will then be made, and the code will be printed, assembled, placed in binders and delivered to the Town. (3) It is anticipated that the total time for the Publisher's preparation of the final work will not exceed 5 months. (d) Supplementation Services. The Publisher agrees to maintain the Municipal Code by the publication of looseleaf supplements as follows: (1) Publishing service. The Publisher agrees to provide a code supplementation service which provides amendments to the existing municipal code. Such amendments shall include revisions to the Code since the date of the last supplementation, including changes in text, tables of contents, index and legislative history. Page formats will match the Code style. (2) Editorial analysis. The Publisher will analyze the changes that are included in the adopted ordinances to determine their effect on the existing Code. All affected pages, including tables of contents and index pages, will be replaced as part of the supplement. The ordinance disposition table and table of up-to-date pages will be updated with each supplementation. -2- (3) Schedule for publication. The Publisher agrees that, upon receipt of the ordinances from the Town, it will undertake and complete the work of supplementation within 30 days thereafter and mail the completed work to the Town. (4) User assistance. Each supplement will contain an information sheet to assist the individual user in posting the supplement. Instructions will be provided for removal of deleted pages and insertion of new pages. (5) Cost of services. The cost for each supplemented page is $21.00 per set for each page. A page is considered to be the area on 1 side of a sheet of paper. The number of sets of each page will correspond with the number of codes provided to the Town under Section (a) above. (For instance, when a page is supplemented, the Town shall receive 40 sets of that page for a total cost of $21.00.) (6) Mailing. Upon completion of the work, the Publisher will mail the completed supplements to the Town for distribution. (e) Internet Code Service. The Publisher agrees to provide Internet service for the Municipal Code as described below, at the price established herein: (1) Conversion. The Publisher shall, convert the Municipal Code to a pdf format at the initial cost of $.75 per page when accomplished with the republication process described in Section (a) above. (2) Monthly maintenance. The Publisher shall host the Municipal Code as last supplemented at its Website at a monthly cost of approximately $33.00, payable in quarterly installments of approximately $99.00. The actual monthly cost is dependent upon the number of pages contained in the Code book and will be determined after republication of the Code. (3) Supplementation update. The Publisher shall update the Municipal Code on the web site in pdf format after supplements are made to the Code, at the rate of $1.00 per supplemented page. (4) Payment. The Publisher shall invoice the Town for the services performed for initial Internet conversion and supplementation, and in advance for the quarterly Internet maintenance. Within 30 days of receipt of the invoice, the Town shall pay the amount owing to the Publisher. (5) Internet timetable. Conversion of the Code will be accomplished within 30 days after adoption of the final Code, and online updates will be accomplished within 15 days of completion of the supplementation. (g) Payment for Services. Upon completion of any of the work described herein, the Publisher will invoice the Town for the work performed. Costs of shipping and handling shall be paid by the Town. The Town will promptly pay the amount due on the invoice within 30 days after receipt of the Publisher's invoice. -3- (h) Term of Agreement. The term of this Agreement shall be in effect for a period of 1 year and shall be automatically renewed thereafter for succeeding one-year terms until 5 years hereafter unless sooner terminated. The Town may terminate the Agreement upon 30 days' written notice. The Publisher may terminate the Agreement after 1 year upon 30 days' written notice. The parties may at any time modify the terms of this Agreement in writing. ATTEST: She t'~... cWethy, Secretary J (SEAL) ATTEST: ) I ' `C. Town ( (SEAL) COLORADO CODE PUBLISHING COMPANY By , l J H. Huisjen, Pres' nt TOWN OF AVON, COLO DO B Mayor P o G'd jr . s; APPROVED AS TO FORM: Town Attorney -4- Memo To: Mayor & Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: January 2, 2004 Re: Agreement with Colorado Code Publishing Company Summary: The attached agreement outlines the services with Colorado Code Publishing Company to provide a republication of the Avon Municipal Code Book. Background: The Town Council was presented with information about republishing its Code Book at an work session in November. There was consensus to proceed with this endeavor. Discussion: Some of the services that will be provided by Colorado Code Publishing Company included the following and are outlined in the attached agreement. ✓ Review of the contents for consistency, any errors, omissions or inconsistencies will be noted & corrected. ✓ Convert Code to a two-column format, reducing the current size of the book. ✓ Headings at top of each page, indicating title names & a section number on each page. ✓ Complete table of contents for each title will be prepared and amended as necessary. ✓ An index will be prepared with contents reviewed for accuracy and ease of use. The ordinance disposition table will be updated & a table of up-to-date pages will be created. ✓ Future supplementation will be provided, as set forth in the publishing agreement. ✓ Provide for 40 new codebooks, in new embossed binders and with divider tabs. ✓ Capability to host Code on the internet on Colorado Code's website - this warrants additional costs & services outlined in the publishing agreement & would be a budgeted item from Town Clerk's budget. Financial Implications: The cost for republishing services is $4,800, an amount that shall be invoiced at 3 different times during the republication. Upon completion of these services, the Company shall provide for 40 complete sets of the Code Book. Town Manager Comments: Attachment: ✓ Publishing Agreement-f6 unicipal Code Republication PUBLISHING AGREEMENT FOR MUNICIPAL CODE REPUBLICATION THIS AGREEMENT is made and entered into this 5th day of December, 2003, by and between COLORADO CODE PUBLISHING COMPANY, a Colorado corporation, hereinafter referred to as the "Publisher," and the TOWN OF AVON, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town." (a) Republication. The Publisher agrees to undertake on behalf of the Town the republishing services which are described below, at the price established herein: (1) The Publisher shall convert the existing Charter, Municipal Code and general legislative ordinances into a published municipal code (the "Code") and computer-based word processing system, which will be fully accessible in Microsoft Word software. (2) The Code will be reviewed for consistency and minor grammatical corrections. No substantial changes shall be made to the content of the Code. A list of proposed minor corrections, additions and deletions will be compiled by the Publisher for review by the Town. (3) Ordinances adopted since the last update by the Town will be incorporated into the Code at the time of republication. No charge shall be made for the first 25 code pages affected by the adopted ordinances. (Tables of contents, reference tables and index pages will be excluded from the counted "free" pages but will be included in the republication at no additional cost.) Additional supplemented pages after the first 25 pages shall be charged at the rate established in Paragraph (e)(5) below. (4) The Code will be printed in a modern two-column format, containing the original tables, graphs and charts. In addition, the completed Code will contain a Table of Contents for each title and a complete Index for the Code. Divider tabs for each title shall be provided. The Code will be assembled in a royal blue two-inch swing-hinge binder with divider tabs, acetate first sheet and last sheet protector, with the Town's name embossed in gold letters on the binder. The hardware and binder are unique and offer the most suitable application for municipal code work, providing easy access to the code contents without the damage to contents often associated with ring or post binders. (5) If adoption of the republished Code is deemed necessary by the Town Attorney, the Publisher shall prepare an ordinance which adopts the Code by reference, repealing any ordinances inconsistent therewith as well as providing for such other ordinances or amendments which are necessary for adoption and in conjunction with the final publication of the Code as desired by the Town. (6) All corrections, additions or any other matters which are suggested for inclusion in the Code, together with the final Code, shall be submitted to the Town Attorney for review. Any review of the work by the Town Attorney shall not relieve the Publisher of its obligations under this Agreement. (7) Upon completion of the Code in its final form, the Publisher shall prepare and deliver 40 complete sets of the Code. Each book shall be inserted into an embossed binder with divider tabs, as described above. It is estimated that the final Code will consist of 450 pages, including the tables of contents and index. (b) Cost of Republication. (1) The total cost for the project described in Section (a) above is $4,800.00. One- third ('/3) of the payment shall be invoiced upon execution of this Agreement, one-third ('/3) upon the delivery of the draft of the Code, and the balance upon completion of the contract and delivery of the final Code. Additional sets of the code book will be furnished at a price of $45.00 each when delivered with the code books described above. (2) The cost of the updated code in electronic format, for each occasion when such service is requested, is $25.00 for a floppy disk and $70.00 for a CD. Additional copies of the Code on floppy disk or CD are available at a reduced rate. There is no cost for the first floppy disk or CD upon completion of the republication as described in Section (a) above. (c) Timetable. The procedure and timetable for completion of the work are as follows: (1) After the contract is awarded, the Publisher will enter the existing code and ordinances into a computer-based word processing system for organizing and indexing. A draft will be printed and delivered to the Town within 3 months from receipt of the work, for the Town to review. (2) Within 2 months after editing by the Town and return of the work to the Publisher, additions and corrections will then be made, and the code will be printed, assembled, placed in binders and delivered to the Town. (3) It is anticipated that the total time for the Publisher's preparation of the final work will not exceed 5 months. (d) Supplementation Services. The Publisher agrees to maintain the Municipal Code by the publication of looseleaf supplements as follows: (1) Publishing service. The Publisher agrees to provide a code supplementation service which provides amendments to the existing municipal code. Such amendments shall include revisions to the Code since the date of the last supplementation, including changes in text, tables of contents, index and legislative history. Page formats will match the Code style. (2) Editorial analysis. The Publisher will analyze the changes that are included in the adopted ordinances to determine their effect on the existing Code. All affected pages, including tables of contents and index pages, will be replaced as part of the supplement. The ordinance disposition table and table of up-to-date pages will be updated with each supplementation. -2- (3) Schedule for publication. The Publisher agrees that, upon receipt of the ordinances from the Town, it will undertake and complete the work of supplementation within 30 days thereafter and mail the completed work to the Town. (4) User assistance. Each supplement will contain an information sheet to assist the individual user in posting the supplement. Instructions will be provided for removal of deleted pages and insertion of new pages. (5) Cost of services. The cost for each supplemented page is $21.00 per set for each page. A page is considered to be the area on 1 side of a sheet of paper. The number of sets of each page will correspond with the number of codes provided to the Town under Section (a) above. (For instance, when a page is supplemented, the Town shall receive 40 sets of that page for a total cost of $21.00.) (6) Mailing. Upon completion of the work, the Publisher will mail the completed supplements to the Town for distribution. (e) Internet Code Service. The Publisher agrees to provide Internet service for the Municipal Code as described below, at the price established herein: (1) Conversion. The Publisher shall convert the Municipal Code to a pdf format at the initial cost of $.75 per page when accomplished with the republication process described in Section (a) above. (2) Monthly maintenance. The Publisher shall host the Municipal Code as last supplemented at its Website at a monthly cost of approximately $33.00, payable in quarterly installments of approximately $99.00. The actual monthly cost is dependent upon the number of pages contained in the Code book and will be determined after republication of the Code. (3) Supplementation update. The Publisher shall update the Municipal Code on the web site in pdf format after supplements are made to the Code, at the rate of $1.00 per supplemented page. (4) Payment. The Publisher shall invoice the Town for the services performed for initial Internet conversion and supplementation, and in advance for the quarterly Internet maintenance.. Within 30 days of receipt of the invoice, the Town shall pay the amount owing to the Publisher. (5) Internet timetable. Conversion of the Code will be accomplished within 30 days after adoption of the final Code, and online updates will be accomplished within 15 days of completion of the supplementation. (g) Payment for Services. Upon completion of any of the work described herein, the Publisher will invoice the Town for the work performed. Costs of shipping and handling shall be paid by the Town. The Town will promptly pay the amount due on the invoice within 30 days after receipt of the Publisher's invoice. -3- (h) Term of Agreement. The term of this Agreement shall be in effect for a period of 1 year and shall be automatically renewed thereafter for succeeding one-year terms until 5 years hereafter unless sooner terminated. The Town may terminate the Agreement upon 30 days' written notice. The Publisher may terminate the Agreement after 1 year upon 30 days' written notice. The parties may at any time modify the terms of this Agreement in writing. ATTEST: Sherry A. McWethy, Secretary (SEAL) By Mayor ATTEST: Town Clerk (SEAL) APPROVED AS TO FORM: Town Attorney COLORADO CODE PUBLISHING COMPANY John H. Huisjen, President By TOWN OF AVON, COLORADO -4-