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FY2008-27 Code Publishing Inc. Consultant Services ~NED . . . Dare: ~I . . {///J publtshlng Inc........................................ .~ ~................ . ~ ,,4~).O{J 11ft t~d fy 11tt?;.1 eJ O(J'S - J.1 Consultant Services Agreement for Kodiak Island Borough, AK This Agreement is entered into between KODIAK ISLAND BOROUGH, AK, hereinafter referred to as the "BOROUGH," and CODE PUBLISHING COMPANY, hereinafter referred to as the "CONSULTANT." The Agreement covers legal publishing services including, but not limited to, recodification, legal review, printing, and computer text output of THE KODIAK ISLAND BOROUGH CODE, hereinafter referred to as the "CODE." All copyrights belong to the BOROUGH. General The CONSULTANT will provide a complete recodification and republication of the CODE to include a comprehensive legal review, Internet hosting and searchable electronic files, as well as future supplements both for the online version and for the printed version. The BOROUGH will deliver to the CONSULTANT the present CODE text and ordinances both in hard-copy or digitally scanned (PDP or TIP) format and in a word processing or text format (Le., a non-graphic format) via e-mail tocodepublishing@qwest.net. The CODE produced by the CONSULTANT shall be the exclusive and sole property of the BOROUGH, and the BOROUGH may use said CODE for any purposes it deems appropriate, including the right to copy, distribute, or sell said CODE. Publishing The CONSULTANT will republish the CODE to include codification of ordinances, subject organization, history notes, a subject matter index keyed to the sections of the CODE, and ordinance tables. CODE sections and the index will be edited and internal cross-references checked. The complete text will be proofread and checked for typographical errors, incorrect section references, and inconsistencies. The text will be printed in a two-column per page layout, Times II-point type font (or as specified by the BOROUGH) with justified margins. The index, editor's notes, and other footnotes will be reprinted in Times lO-point (or as specified by the BOROUGH). Proof Copy The CONSULT ANT will provide a proof copy of the republished CODE together with editorial questions and comments for BOROUGH review and approval. The BOROUGH will review and annotate the proof copy with desired changes, then return the proof to the CONSULTANT. During the time period that the BOROUGH is reviewing the proof copy, the electronic version of the code will be uploaded to the Internet. Printing The CONSULTANT will print and deliver copies of the completed CODE in a format designed for future expansion and supplementation on a page-for-page basis. Camera-ready copy and/or print- image files are available upon request at no additional cost. Code Publishing Company 9410 Roosevelt Way N E Seattle, WA 98115-1164 206.527.6831/800.551.2633 www.codepublishing.com codepu bli shi ng@qwest.net Internet Services HTML formatted electronic files will be created for Internet use. The schedule for periodic supplements of the CODE on the Internet is determined by the BOROUGH. Legal Review During or following the recodification, the CONSULTANT will undertake a legal review. The review will encompass state and federal constitutional questions, case law conflicts, and court interpretations. Ordinances are scrutinized for vagueness, fair notice to citizens, free speech infringement, danger of selective enforcement, and equal protection in view of fundamental rights. The CODE is reviewed for consistency and internal conflicts. The separate legal written report provides a thorough analysis and a basis for amending or revising ordinances as necessary. Supplements Newly adopted, revised or amended ordinances will be forwarded periodically by the BOROUGH to the CONSULTANT. The BOROUGH will provide the CONSULTANT with ordinances both in hard-copy or digitally scanned (PDP or TIP) format and in a word processing or text format (i.e., a non-graphic format) via email. Affected pages of the CODE, the index, and ordinance tables will be edited and revised to reflect new provisions and/or modifications, with appropriate headnotes, catchlines, footnotes, and cross references. The CONSULTANT will provide supplemental updated pages for the CODE on a schedule determined by the BOROUGH. Printed supplement sets together with insertion/deletion instructions will be delivered to the BOROUGH. The electronic files will be updated concurrently with the printed edition, (or as specified by the BOROUGH). Print and electronic file supplement delivery will occur two to six weeks following receipt of the last ordinance included in the update. Indemnification/Hold Harmless The CONSULTANT shall protect, defend, indemnify and hold harmless the BOROUGH, its officers, employees and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of the CONSULTANT, its officers, employees and agents in performing this Agreement. Insurance The CONSULT ANT shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULT ANT, their agents, representatives, or employees. The CONSULTANT shall maintain commercial general liability insurance with limits of no less than $1,000,000 each occurrence and $2,000,000 general aggregate. The CONSULTANT shall furnish the BOROUGH with an original certificate of insurance evidencing the required coverage along with a copy of an endorsement naming the BOROUGH as an additional insured. ............................................................................................................................................................................... Code Publishing Company 9410 Roosevelt Way N E Seattle, WA 98115-1164 206.527.6831/800.551.2633 www.codepublishing.com codepubl i sh ing@qwest.net Termination of Agreement This Agreement may be terminated by either party upon 60 days' written notice. The CONSULT ANT will be entitled to compensation to the extent of actual work performed, consistent with the compensation provisions. Payment, Terms, and Invoice Requirements Payments to the CONSULTANT from the BOROUGH will correspond to the attached Cost Sheet. A progress payment of 50 percent of the total is due upon delivery of the text proof. The balance will be billed upon delivery of the completed CODE or within 90 days, whichever comes first, or upon other arrangements as specified in writing by the BOROUGH. Internet and legal services are invoiced separately and payment is due upon delivery. Additional services are to be paid upon delivery including supplements. Invoices are due and payable within 30 days. Effective Date This Agreement is effective upon signature by both the BOROUGH and the CONSULTANT. Code Publishing Company Kodiak Island Borough, AK By: /1-v,11J.~ Margaret O. Bustion President Attest Nova M. Ja ier, CMC Borough Clerk *'I/~ ..J.iv Dated this CJVf'. - day of ..y') _. , ANI 1 I V"l o VO ~', I vo-vr ,2007. Code Publishing Company 9410 Roosevelt Way N E Seattle, W A 98115-1164 206.527.6831/800.551.2633 www.codepublishing.com codepu bl i shi ng@qwest.net ATTACHMENT 1 TASK ITEMIZATION RECODIFICATION OF THE KODIAK ISLAND BOROUGH MUNICIPAL CODE OF ORDINANCES PROPOSAL FORM OPTIONS START UP COSTS COST Online Code Initial conversion of files to electronic format $595.00 Online hosting fee (per year) $350.00 Recodification of the KIB Code Base Cost (for the whole code) @ $16.00/page (est. 360 pages) $5,700.00 (est.) Supplements during reformat .':; . $10.00/page Copies of the code includinq freiqht 50 $36.00 (est.) PDF file for in-house printinq/archival Included Supplement Service Editorial $19.50/page Graphics, maps, tables, diagrams $15.00/page Update of electronic files $1.95/page Copies or reprints includinq freiqht $0.10/impress. PDF file for in-house printing/archival Included Additional Product or Services Leqal Review of the Whole Code @ $100.00/hour $3,000.00 (est.) Binders: D-ring $12.80 eaeh Custom, expandable post (min. order 25) S:O $90.00 each Tab dividers: Generic SO $10.00 per set Custom (min. 1st order 25) $15.00 per set Telephone Support No charge Project Start Date: Upon Receipt of materials Estimated Completion date: Five to seven months after Start Date Example Cost for a 15-page supplement (no graphics or tables): Editorial 15 x $19.50 per page Print 15 x 20 copies x $0.10 per impression Online 15 x $1.95 per page $292.50 $30.00 $29.25 $351.75 S1S" .3S"tJ S 700 I 2..5" 0 1'1(/0 ( f .; 300CJ I t-tj ~ or? :S-oo I bl bCfS December 5, 2007 ~..lE ~ [E.U \J_JS..I.I] r-~ I!I '\ ' i ' li\ OEe 1 0 'IDOl jl L d~._._. .- -~'~-;:T If"'"' Or-riCE BORQUGH CU:I\r\ 0 'rr Nova Javier, Borough Clerk Kodiak Island Borough 710 Mill Bay Road, Rm. 101 Kodiak, AK 99615 Dear Nova: Thank you for selecting Code Publishing Co. to provide a legal review and republish and update the Kodiak Island Borough Code. We have signed both copies of the contract and are returning one signed copy to the borough for its ftles. We have a copy of the printed code current through Ordinance 2007-16 and copies of Ordinances 2008-01 through 2008-07. In the next week or two we will submit a style guide and page sample for the borough's review. The style guide shows how internal citations and formatting will be made consistent throughout the code which facilitates the conversion to an electronic format. We will provide the borough with a proof copy of the code for review before printing. After the code has been printed we will advise you of the URL for accessing the code on the Internet. We will keep you informed of our progress as we proceed with this project We have successfully tailored our services to meet the specific needs of different jurisdictions. Our goal is to provide timely, accurate and reliable publishing services. If you have any questions or if you need any other information, please do not hesitate to call. I am looking forward to a long and productive relationship with you and others in Kodiak Island Borough. Again, thank you for choosing us. Sincerely, /~t2 ~'lA-- Margaret O. Bustion President Enclosure: signed contract ~ . ~PJblifhing.inC 9410 Roosevelt Way NE Seattle, WA 98115-2S.H 206.527.(,831 i B{)0.551.26.)) , fax 206.527.8411 codepublishi ng(ir qwest .net www.codepublishing.com