2010/12/14 American Legal Publishing Corporation Legal/Editorial analysis of City Code American Legal Publishing Corporation City of Menifee
432 Walnut Street, 12th Floor 29714 Haun Road
Cincinnati,Ohio 45202 Menifee, California 92586
CODIFICATION AGREEMENT
December 14,2010
The City of Menifee,in the State of California("City"),and American Legal Publishing Corporation("Publisher"),
an Ohio corporation, agree as follows:
I. THE PUBLISHER SHALL:
(1) Examine all ordinances and resolutions provided by the City and determine which materials are to be
codified.
(2) Perform a detailed legal and editorial analysis of the Code. The Publisher will provide a detailed,written
Editorial and Legal Research Report that summarizes the Publisher's findings. The legal/editorial review
will be performed by an attorney with experience in California law. The completed report may include
notice of and suggestions for resolving the following:
(a) Apparent conflicts with referenced state and federal statutes and administrative regulations;
(b) Repealed,renumbered,or obsolete state and federal statutory citations;
(c) Apparent conflicts with prominent federal case law; and
(d) Internal discrepancies such as duplications, ambiguities,conflicts,and obsolete terminology
(3) 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.
(4) Classify all ordinances and resolutions which are of a general and permanent nature into titles,chapters,and
sections, according to subject matter.
(5) Make changes to effect uniformity of style and to correct typographical and spelling errors,grammar,and
usage. Substantive changes shall not be made in the wording of the ordinances. Suggestions for additions
or changes in the ordinances will be submitted to the City Attorney.
(6) Prepare:
(a) Title, chapter, and section headings.
(b) A table of contents and sectional analysis for each chapter.
(c) A legislative history for each section,citing the ordinance number and date of passage,as indicated on
copies of ordinances supplied to the Publisher.
(d) Statutory cross-references to sections of the state statutes and to other pertinent parts of the Code where
applicable. These references shall appear at the end of the section to which they apply.
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(e) Tables of Special Ordinances listing chronologically those ordinances in certain subject areas that the
City finds to be pertinent.
(f) Parallel Reference Tables showing:
1. The disposition of ordinances (in numeric sequence) included in the codification(Ordinance to
Code).
2. A listing of code sections based on state statutes (Statute to Code).
(g) An index(which will be created after the first draft of the Code is submitted).
(7) Provide the City a consultation service,for:
(a) Updating ordinances in conflict with state and federal statutes;
(b) Providing model ordinances when requested.
(8) Deliver to the City,,,vithin 6 months fromreceipt of the materials deemed necessarybythe Publisher to begin
the codification(prior code,ordinances and new code questionnaire),one copy of a draft of the Code for the
City's examination.
(9) If necessary,hold a conference to make final corrections,additions,and deletions to the Code. The City will
be billed for the travel expenses of the American Legal staff attorney. The City may present changes to
pages of the draft at the conference. After the final conference,no additional changes are to be made. Any
further changes, additions, or deletions shall be made in the future supplements to the Code in accordance
with IV(3)of this Agreement. When the draft,and any changes thereto made by the City,is returned to the
Publisher, such return of the draft shall be deemed final authorization by the City to publish the Code as
returned. If additional conferences are requested by the City which require the travel of amember of the staff
of Publisher,then the City shall be advised what the additional cost,if any, for such conference will be.
(10) Deliver to the City,within 3 months of receipt of the corrected draft, 10 printed copies of the Code meeting
the following specifications:
(a) Type to be dual-column, at the option of the City
(b) Page size to be 8'/a"x I I"
(c) Printed on high quality paper
(d) All copies to be in hard-covered,loose leaf binders. All binders shall have the City's name stamped in
gold and shall contain divider tabs.
(11) Provide a sample adopting ordinance to the City.
II. THE CITY SHALL:
(1) Provide clear copies of all materials necessary to perform the codification, including an up to date copy of
any previously published code of ordinances.
(2) After receipt of the draft of the code and legal report described in paragraph I(2),have 60 days to review
the draft and report and to return to the Publisher its comments about the draft and its answers to the legal
report. In the alternative,if the City opts for the legal conference described in paragraph I(9),it must contact
the Publisher within 60 days to set up a meeting date. The meeting itself need not occur within the same
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60-day period. If the City fails 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 Publisher extend the deadline in
writing. The Publisher may adjust the contract price to cover any increased costs due to the City's delay.
(3) Agree that any ordinances adopted after the time the manuscript is originally due back to the Publisher under
the provisions of(2)above shall be included at the Publishers'supplement rates at the time of the inclusion
of these ordinances into the code. The Publisher agrees to include in the final version of the Code all
ordinances adopted by the City up to this date.
(4) (a) Pay to the Publisher for shipping of the final code order,and as a base price,the sum of$5,690,payable
as follows: (may be paid over 2 budget years)
Forty percent(40%) due upon acceptance of this agreement;
Forty percent(40%)within 30 days after submission of the manuscript and invoice;
The balance 30 days after receiving and reviewing the legal report and final delivery of the printed Code
books plus invoice.
(b) Agree that the price above is based upon a code of the following number of pages according to the
format option of the City. Should the final code number fewer or more pages than this estimate,the
base price will decrease or increase accordingly at the time of final invoice:
FORMAT NUMBER OF PAGES DECREASE OR INMRASE
81/2 x 11;unch -
Dual-Column 300 $19.00 per 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.
III. DISTRIBUTION.
The Publisher shall ship,by common carrier,the number of codes or supplements ordered,and the City may direct
that different portions of the shipment be made at various locations within the City.
IV. OPTIONAL SERVICES.
The City,by the initials of the person executing the agreement on its behalf, exercises the following options:
INITIAL
(1) Code Format: (Initial One)
Dual-column format
(2) Additional Conies of Code: number of copies
The City may purchase additional codes at$60 per copy or$45 without a binder.
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(3) Five year supplemental service plan:
For a period of five years after delivery of the code:
(a) The Publisher shall:
1. Incorporate into the code new pertinent ordinances submitted by the City.
2. Revise or make additional entries to the table of contents,parallel reference tables,and index as
necessary to reflect the incorporation of additional,changed or deleted material.
3. Within 45 days, 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. If the code is updated more often
than annually,the Publisher shall deliver supplements within 30 days.
(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 Publisher the sum of$20 per reprinted dual-column page.
The prices above are for a five-year period and cannot be changed except for adjustments in the
second, third, fourth, and fifth years of this agreement to reflect any decrease or increase in the
United States Consumer Price Index calculable from the month of delivery of the Code.
(c) Upon completion of the five-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) Code on Computer Disk:
At no additional charge, the Publisher will provide the code on computer disk in one of the following
formats (circle one): WordPerfect 8.0, Micro , or ASCII
(5) Subscribers Service:
The Publisher will operate a subscription service upon the City's request as follows (minimum of 15
subscribers required):
(a) The City has the right to set the total price of the codes for the subscribers. After subtracting
production cost and shipping and handling charges,the difference will be credited to the City's future
supplement invoices.
(b) Subscribers can be charged in advance or at time of shipment if they wish to subscribe to the
supplements. The total cost for this subscription will be for a year's worth of supplements.
(c) Subscribers of the complete code will be required to pay in advance of shipment by check or credit card.
(d) The Publisher will incur all mailing costs for the marketing of the code. Order forms with an
announcement of the codes and supplement service availability will be included in this mailing.
(e) Any law firms,realtors,businesses,libraries or other interested parties contacted may inquire about code
orders by using American Legal's toll-free number.
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(f) The Publisher will print subscribers' orders as needed, and will not require the City to either pre-
purchase copies or store extra copies.
(6) Pamphlets:
(a) Pamphlets, sized for 8'h"x 11" copy,containing component parts of a Code,with a cardstock cover,
may be ordered: (circle desired topic and insert number of copies):
Charter #of copies
Traffic/General Offenses Code #of copies
Zoning Code #of copies
Subdivision #of copies
All Land Use Regulations #of copies
Other #of copies
(b) Cost:
1-50 copies of pamphlet—.075 per printed page
51-99 copies of pamphlet—.070 per printed page
100 or more copies of pamphlet—.065 per printed page
(c) Optional 3-ring pamphlet binders ($14.95 each)
(d) Pocket sized pamphlets are available at rates to be agreed upon.
(7) Folio Version 4 Search and Retrieval program:
(a) The Publisher shall provide the City's code in the Folio format on CD with Y St✓
complete instructions, including one license and one copy of a manual for$695
(Additional CD's are$10 each+license fee)
(b) Supplements of Folio @$1.95/page*
*price is in addition to editorial page rate(W.(3)(b))
The Company will update the Internet version of the Code as frequently as the
City desires,including immediate updates after each Council meeting,eliminating the
need for "code alerts")
(c) Additional Bound/Read-Only License Fees (one-time fee of$50):
# of additional licenses
(d) Optional On-Site Installation&Training
@$695.00/day+Travel Expenses (usually not needed; free phone support)
(f) Code on the Internet(after Folio conversion)@$250.00 per year
(First year @ no cost; includes instant Internet updates,even after each meeting)
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V. TRANSMITTAL AS OFFER.
The transmittal of this Agreement to the City is an offer by the Publisher to perform the stated services at the
prices and terms referenced within the Agreement. This offer will expire if not executed by the Municipality by
December 31,2010,unless such date is extended in writing by the Publisher.
IN WITNESS WHEREOF the parties to this contract have hereunto set their hands on the date(s)indicated:
City of Menifee,California American Legal Publishing Corporation
BY Gf/� IAL� BY V ( V
TITLE C1L?Y G/YZ�I� TITLE Ruth Morton Fazio, Staff Attorney
DATE / /711 DATE December 14,2010
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CODIF,ICX ION COST AND SERVICES SUMMARY
American Legal Publishing proposes to codify the ordinances for Menifee,California,at the following price:
I. Base Cost
$5,690*
*The actual page count may vary from the estimate or you might add new
ordinances during the codification process. If the page estimate is high,
the cost will be lower than the initial base cost, and vice-versa.
Includes
a. Number of Copies of City's Code(includes binders and divider tabs) 10
b. Legal Analysis
i. Research Internal Consistency
ii. Research State Law Consistency
iii. Legal and Editorial Research and Report
c. Special Features
i. Tables of Special Ordinances
ii. Parallel References
iii. Comprehensive Index
iv. Tabular Matter(Tables,Charts, Graphs)
v. Code on Diskette(WordPerfect,MS Word, or ASCII)
d. Estimated Number Of Pages
8'/z" x 11" Dual-Column Format
300
II. Variable Cost
a. Per Page Increase/Decrease Rate
8'/z" x I V Dual-Column Format(I I point type) $19.00
b. Freight/Shipping
III. Time to Completion
Number of Months Until Manuscript 6 months
Number of Months Until Completed Code(after return of manuscript) 3 months
Number of Days for Updated Supplements (if updated annually) 45 days
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IV. Optional Services that may be ordered:
a. Reorder Copies of Complete Extra Code
i. Minimum Number of Copies No minimum
ii. Cost per Extra Code with Binder $60
iii. Cost per Extra Code without Binder $45
b. Supplement Service
Dual-Column $20.00/reprinted page
c. Subscription Service
Surplus revenue is credited to your account YES
d. Pamphlets(With cardstock cover)
Per Impression(Printed Page)
i. 1-50 copies $.075
ii. 51-99 copies $.070
iii. 100 copies or greater $.065
iv. Pamphlet Binders $14.95 each
e. Folio VIEWS Search and Retrieval Software(Folio 4)
Documents in Folio:
i. Code of Ordinances $695
ii. Supplements of Folio
$1.95/page*
*price is in addition to editorial page rate (IV.b.)
The Company will update the Internet version of the Code as frequently as
the City desires,including immediate updates after each Council meeting,eliminating
the need for "code alerts")
iii. Meeting Minutes $2/page if on disk
iv. Phone Support No Extra Charge
Optional Services:
i. On-Site Installation&Training(usually not needed) $695.00/day+travel
ii. Additional bound/read-only licenses (one time fee) $50 each
I. Code on the Internet(after conversion into Folio) $250.00 per year
(1st yr. @ no
cost)
V. Terms (can be budgeted over two Fiscal years)
i. Forty Percent(40%)due upon acceptance of this agreement.
ii. Forty Percent(40%)within 30 days of receiving the manuscript.
iii. Balance 30 days after receiving and reviewing legal report and delivery of the completed code.
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