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HomeMy WebLinkAbout2012-143 BOCC - Municode for UDO Codification of Ordinances • Municipal Code Corporation « PO Box 2235 Tallahassee,FL 32316` lnfo@municode.com « 800.262.2633 fax 850,575,8852 = www.municode.com April 23,2012 Ms. Sahana Ayer Staff Attorney Orange County 200 South Cameron Street Hillsborough, NC 27278 Sent Via Email saverco.orancle.nc.us Dear Ms. Ayer: Thank you for corresponding with our Assistant Vice President of Sales, Steffanie Rasmussen, regarding a legal review and publication of the County's Unified Development Ordinance(UDO). Per your conversation with Steffanie, we are pleased to submit the following information for the County's consideration. We can begin the project upon receipt of the attached signed quote sheet and the UDO in its original source file. LEGAL REVIEW Municode will review the County's LIDO to determine possible conflicts with the Code of Ordinances and suggest revisions as necessary. As the UDO possibly requires special rules for modification,we cannot merely publish "corrections;"responsibility for making any changes to the UDO will rest with the County and should involve the County Attorney. This Legal Review of the UDO does include state law review(please note that reviewing the UDO against state law is not included in the supplement process, however,state law citations are checked and necessary changes and additions are noted). Most conflicts arise over time,and are caused by changes in other bodies of law, such as the state statutes. The state continually revises its statutes and ordinances based upon previous authority may end,up conflicting with the state law despite no change to the local law. In order to ensure that a Code is adequately maintained,we recommend a complete legal review every 5-15 years., The time depends upon the number of ordinances passed and the extent to which the state statutes changed since the last review. Municode has a staff of full-time attorneys that provide our legal services, Our attorneys are-well-versed in local government law and in areas of concern with regard to codification. They also have the benefit of knowledge gained from experience working with many local governments. Please review our corporate resume that is attached. One of our attorneys would personally conduct an article-by-article legal review of the LIDO as adopted. The review would identify obsolete provisions, conflicts and inconsistencies with current state statutes,as well as conflicts with other Code sections. State law citations are checked and necessary changes and additions are noted. if your concerns are more narrowly defined, you can limit the scope of review to selected chapters or just State Law References. The Legal Review results in a Legal Manuscript that includes recommendations for curing conflicts,deleting obsolete provisions and other"housecleaning" measures. The Legal Manuscript shows the attorney's recommendations as footnotes and comments within the Code text which allows you to see the context of the issues and recommendations. It is delivered in print and electronic form for your convenience. All recommendations are intended for the use of an attorney and are not to be considered legal advice to a layperson, Conference. Municode's attorney is available to answer questions and discuss their findings via teleconference, Webinar or in person. The discussion should include all interested officials, as their participation will help expedite implementation of the approved recommendations. Implementation of Approved Recommendations. Recommendations chosen for action can be incorporated in the Code by passing individual amendatory ordinances,or aggregating all changes and readopting the entire Code. If corrections are made via individual ordinances, Municode can issue a supplement to the existing Code; however, if changes are aggregated republishing the entire Code may be more cost effective. An estimate for implementing the changes can be provided once the legal review is completed and the extent of changes is known. PUBLISHING We offer to publish the County's UDO as follows: Editorial Review. We offer to review the LIDO and submit recommendations as to numbering consistency and possible reorganization. Preparation. We would appropriately mark the copy submitted,thereby designating the styles of type and page format. Index. We would prepare a comprehensive general word Index for the LIDO. We have included options to provide a separate Index for the UDO and an option to update the existing Index to include the LIDO. Table of Amendments. We would establish a Table of Amendments for listing all future amendments and their disposition. Typesetting and Printing. The format of the page is designed to accommodate the maximum amount of material. The type is easy-to-read and includes special typefaces such as boldface and italics to provide eye appeal and readability. Proofs. A set of proofs will be provided to the County for review prior to final printing. Binding. The LIDO will be included as Appendix A within the Code of Ordinances as a supplement. Schedule. Proofs will be delivered approximately three to four months after receipt of the signed Quote Sheet and final product delivered approximately one to two months after return of the Proofs. Electronic Media. Additionally,the Code'of Ordinances and/or LIDO can be furnished in any electronic medium and format(Internet, HTML, RTF, PDF,or integrated with search engine,etc.)as selected by the County. Attached is a current list of options for your review. Internet Connection. The UDO will be hosted on Municode's web site as part of the County's Code. Also, please note that with the LIDO incorporated into the County's Code of Ordinances, all the services as noted on the °Website Services",following the quotation sheet will be available. The County pays an annual fee posting the Code online. Supplement Service. Municode will include future amendments to the LIDO in future supplements. The Index and Tables would also be updated. The cost for publishing the Supplements is on a straight per page basis with no annual or minimum charge. Supplements may be published on a schedule to meet the requirements of the County. Electronic Supplementation. if you choose to receive the publication electronically, Municode can provide the Supplements electronically on a schedule to meet your needs,e.g. monthly or bimonthly. You may choose to have printed Supplements published less frequently. The electronic media will reflect the entire publication as updated through the most recent ordinance. The benefit of electronic supplementation is that it eliminates the need to insert the printed Supplements and it allows fora quicker update. New Ordinances on the Web(NOW). Municode can post the ordinances passed in between Printed Supplements or Electronic Updates on our website. The ordinances are posted as part of the Preliminaries and also show in the electronic Table of Contents. Once the posted ordinances are incorporated into the Code, they are removed from the website. We recommend sending legislation in an editable format via email for inclusion in the Code.This allows the legislation to be searchable on the Internet site along with the Code. NO SET UP FEES Ord Link. As in our NOW Service above, Municode can post ordinances passed in between Printed Supplements or Electronic Updates on our website. The ordinances are included in the opening page of the Code in a table to include ordinance title, adoption date and description.This table also contains a link directly to the ordinance for viewing. In addition to the NOW Service above, Municode then highlights the Code's Table of Contents to show the changed section, chapter and title. A link is created from the amended section in the Code text to the ordinances in the NOW table and the ordinance table will now also include a link to the amended text sections of the Code. Once the posted ordinances are incorporated into the Code, they are removed from the website; We recommend sending legislation in an editable format via email for inclusion in the Code and posting for the Ordl-ink system.This allows the legislation to be searchable on the Internet site along with the Code. NO SET UP FEES OrdBank. Is a permanent collection of all ordinances sent to Municode; listed chronologically and organized by Supplement number,presented online with number,date and a brief description. Each ordinance in the list is linked to the actual ordinance as enacted, and from the History Note of the section derived from the ordinance. If you have any questions or desire additional information, please do not hesitate to contact us on our toll free number. Sincerely, Dale Barstow Vice President-Sales DMB/amb e-mail: info(a-)municode.com 800.262.2633 This instrument has been pre- audited in the manner required by the Local Government Budget --,,d Fiscal Control Act QUOTATION SHEET FOR ORANGE COUNTY, NORTH CAROLINA- UNIFIED DEVELOPMENT ORD1 ANCE [XJ 1. LEGAL REVIEW&CONFERENCE • Legal review'of the UDO $2,850 • Conference(please select one)' [Teleconference with Municode attorney, per 3 hour conference No charge [ ]On-Conference with Municode attorney $1,000(including travel) [� Ill. PUBLICATION OF UNIFIED DEVELOPMENT ORDINANCE(UDO) Base cost includes, $15,290 Editorial Review Editing I m ages/Tables/Graphs Indexing(make selection below) Proofs 2 copies [j 800 10-point single column pages2,excess pages at$16 per page Online Code Database updated with UDO Index Options(please choose one): [X] Separate Index for UDO [ ]Code Index updated to include UDO ] Color Printing(Optional), in addition to base cost above $953 Payment—costs for publication may be budgeted over two fiscal years 1) Upon execution of agreement (payment due after July 1, 2012) $7,3005 2) On-Site Conference: $1,000 if elected;due 30 days after completion of conference 3) Upon submission of proofs $8,Q00 4) Balance due on delivery II. ELECTRONIC MEDIA OPTIONS data provided via download unless requested otherwise [] Database integrated with Municode Desktop—one set of data $295 (] Database in RTF(compatible with WORD)-one set of data $150 [] Database in Adobe PDF—one set of data $150 1 Sales Tax is additional where applicable. 2 Municode uses only acid-free paper. 3 Headers,Tables and Charts within the UDO will be printed in gray scale. Color printing,as quoted;only include pictures and diagrams that contain color. Applicable sales taxes and actual shipping charges will be added. s"Initial payment includes the legal review at$2,850 and$4,450 for the publication. Ill. SUPPLEMENT SERVICES—2 COPIES' A. Supplements(print and/or electronic) 1. Code of Ordinances(Double Column format), per page $22 Appendix A(Single Column format), per page $19 2, Graphics/tabular mafter2, additional charge per graphic/per page $10 3. Color Graphics/Tabular matter,additional charge per page(includes printing) $2.50 4. Updated electronic media, handling charge per set $75 5. Additional sets of updated electronic media, handling charge per set $75 B. Code on the Internet, per annum hosting fee $5 00 C. Pending Codification Services(please select one, if desired) []New Ordinances on the Web(NOW), per ordinance [l Ordl-ink', per ordinance $50 OrdBank , per ordinance $10 This proposal shall be valid for a period of ninety(90)days from the date appearing below unless signed and authorized by Municode and the Client. i Term of Agreement. The Supplement Service as provided herein shall be in full force and effect for a period of one (1)year. Thereafter,the Service shall be automatically renewed from year to year, provided that either party may alter of cancel the terms of this agreement upon sixty(60)days'written notice. Submitted by: MUNICIPAL COD ORPORATION Municode Officer; Title: Witness: Date: 4 Accepted by: ORANGE COUNTY,NORTH CAROLINA By:" Title: Witness: Date: All prices quoted in this section may be increased no more frequently than annually in accordance with the Producer Price Index— Intemet Publishing and web search portals(NAICS 519130)as reported by Us Department of Labor—Bureau of Labor Statistics- 2 Tabular matter is defined as tables,Algebra formulae,or other materials.that require special programs or extra editorial time to modify and prepare for inclusion in an update 3 If Ordlink is selected,then the NOW Service is not necessary. 4 Requires participation in the NOW or OrdLink Service.