FY2008-27 Code Publishing Inc. Consultant Services
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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:
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Margaret O. Bustion
President
Attest
Nova M. Ja ier, CMC
Borough Clerk
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Dated this CJVf'. - day of
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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
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December 5, 2007
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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,
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Margaret O. Bustion
President
Enclosure: signed contract
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. ~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