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HomeMy WebLinkAbout91-57 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91-57 being a by-law to authorize the entering into of an agreement between The Corporation of the Town of Newcastle and Municipal World Inc. WHEREAS the Council of the Town of Newcastle deems it expedient to enter into an agreement with Municipal World Inc., for the purpose of preparing a Municipal Code; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporate Seal, an agreement between Municipal World Inc., and the Corporation of the Town of Newcastle, attached hereto as Schedule "A" and forming part of this by-law. I h By-law read a first and second time this 16th day of September 1991 By-law read a third time and finally passed this 16th day of September 1991 MAYOR. , , ;f ~ -,~ SCHEDULE IlAII TO BY-LAW 91- 57 CANADIAN MUNICIPAL CODETM .. This AGREEMENT made as of the . . . . . . .. day of April, 1991 BET WEE N: THE MUNICIPAL CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Municipality" AND MUNICIPAL WORLD INC., a corporation duly incorporated and entitled to carry on business in the Province of Ontario '- hereinafter called the "Publisher." TMCanadian Municipal Code. Registered Trade Mark in Canada, Municipal World Inc. ~1- 61 6 . . CANADIAN MUNICIPAL CODETM Section 1 . Interpretation In this contract, unless the context otherwise requires, "Code" - means the Code of the Municipality to be published by the Publisher in ac- cordance with this contract. "Codification Procedures" - shall consist of the compilation, organization, number- ing, editing, proofreading, cross-referencing, indexing and publishing of the Legislation in accordance with the Publisher's methods, procedures and style manual, unless other- wise provided for herein. "Designated Officer" - means the officer of the Municipality designated as having final approval authority. (Schedule "F") "editorial conference meeting" - means any meeting between the staff of the Publish- er or of the Municipality, held in the offices of the Municipality, by prior arrangement be- tween the Designated Officer and the Editor. "Legal Advisor" - means the Solicitor or other Legal Advisor designated by the Municipality, as the Legal Advisor for the purposes of this contract. (Schedule "F") "Editor" - means the person designated by the Publisher as the senior Editor for the purposes of this contract. (Schedule "F') "Legislation" - shall mean those by-laws of the Municipality, selected by the Desig- nated Officer of the Municipality, referred to in Schedule "A" attached hereto, and shall include any repeal, amendment or addition thereto, enacted by the Municipality up to the time of the completion of the Codification Procedures. "page" - means anyone side of a leaf, as printed by the Publisher, upon which there is any printing. "supplementation" - means the editing, composing and publishing of amendments, changes, deletions or additions to the Code necessitated by amendments, deletions or ad- ditions to the Legislation, or resulting from changes in the Appendix, Index or other refer- ence material necessary to keep current the system and content of the Code. Section 2 . Nature of the contract This contract provides for the delivery, by the Publisher to the Municipality. of a Canadian Municipal Code, in accordance with the specifications and in return for the con- sideration stated herein. Section 3 . Content of the Code The by-laws, and amendments thereto. to be codified shall be those by-laws adopted by the municipality, hereinafter referred to as the Legislation, which have been selected by the Designated Officer and which are set out in Schedule "AU attached hereto. Section 4 . Content of the Code. additional Additional by-laws, not set out in Schedule "A," may be added to the Code at any 6-1-7 CANADIAN MUNICIPAL CODETM time prior to the completion of the Codification Procedures upon such additional terms as are mutually agreed upon between the Publisher and the Municipality. Section 5 . Editorial conference meeting 1. After receipt by the Publisher of the by-laws from the Municipality and prior to the commencement of the Codification Procedures, the Editor will attend an editorial con- ference meeting in the offices of the Municipality, with the Designated Officer and the Legal Advisor to describe and reach a consensus upon the scope of the editorial licence which may be exercised during the Codification Procedures to: . establish the method of reporting recommendations for changes in the by-laws; and . the manner in which such amendments to the by-laws will be made by the Municipality. 2. A maximum of three editorial conference meetings will be held during the term of the contract. 3. Should further editorial conference meetings be deemed necessary by the Municipality, the Publisher shall be entitled to the further per diem compensation as set out in Section 8 of Schedule "E." Section 6 - Specialized nature of the work The Publisher shall codify the Legislation of the Municipality by the compilation, or- ganization, numbering, editing, proofreading, indexing, cross-referencing, printing and binding of the Legislation in accordance with the Publisher's methods, procedures and style manual, unless otherwise provided herein. Upon completion of the Codification Procedures, the Legislation as codified shall be termed the Code. Section 7 . Pre-coditication responsibilities of the Municipality The Municipality will perform the following functions. 1. The Designated Officer will supply the Publisher with a list of the Legislation con- taining the by-law number, title, adoption date, date of external approval and other re- lated information agreed upon between the Municipality and the Publisher. 2. The Municipality will supply copies of the Legislation to the Publisher in the man-lner set out in Schedule "B" attached hereto. 3. The Municipality shall immediately supply to the Publisher, in the same manner as set out in Schedule "B," during the Codification Procedures, full details of any by-law which will amend or repeal a by-law included in the Legislation set out in Schedule "A." Section 8 . Publication of Code Upon completion of the Codification Procedures the Publisher will print and bind copies of the Code in the quantity and manner as set out in Schedule "C." .-3- 61 8 CANADIAN MUNICIPALCODETM Section 9 - Concordance of by-laws and chapters The Publisher will prepare a Concordance of By-laws and Chapters which shall set out the by-law number, title and the chapter in which the Legislation has been codified. Section 10 - Code adoption by-law The Publisher shall submit for review by the Legal Advisor a draft by-law which will permit the Municipality to adopt the Code as the comprehensive by-law referred to in the enabling authority. Section 11 - Index Following completion of the Codification Procedures, the Publisher shall prepare and publish and include in the Code, a comprehensive index, keyed to the chapter and article and article and section numbering system for use in locating specific and related material within the codified Legislation. Section 12 - Publisher's closing report Upon completion of the Codification Procedures and delivery of the Code volumes to the Municipality, the Publisher will submit a report which will: . describe the project and work done; and . identify any unresolved problems which have been listed for future action by the Municipality; and . make such recommendations, as are deemed necessary by the Publisher for the advancement of the interests of the Municipality and the future maintenance of the Code. Section 13 - Distribution - responsibilities of the Municipality 1. The Municipality will maintain a record of the distribution, sale and maintenance of the Code. 2. The Municipality shall have the exclusive right to sell the Code. 3. The Municipality shall determine the fee to be charged for copies of the Code and supplements thereto. Section 14 - Distribution - responsibilities of the Publisher To assist the Municipality in the distribution of the Code, the Publisher will provide the following additional services. 1. Advice as to the manner of record keeping for the distribution, sale and main- tenance of the Code and supplements. 2. Prepare and publish, at the Publisher's expense, in one monthly issue only, a quarter page advertisement in the magazine Municipal World, promoting the sale of copies of the Code. 6-1 9 . . CANADIAN MUNICIPAL COOETM 3. Prepare a press release for the Municipality's use in informing the public of the completion of the Code and promoting its sale. Section 15 . Copyright 1. Subject to subsections 2 and 3, the Municipality shall retain all copyright in the Code, and no part of the Code may be reproduced, transmitted or utilized in any form or by any means, electronic or mechanical including photocopying, recording, or by any in- formation storage and retrieval system except as provided by written permission of the copyright holder. 2. The Publisher shall have the right, for advertising and promotional purposes only, to publish or otherwise reproduce, excerpts from the Code and may, at the time of the ini- tial production, produce up to five additional copies of the Code to be used for display and promotional purposes only. 3. The Publisher shall have the right to include an electronic edition of the Code in the Canadian Municipal Code Text Retrieval System, subject to the right of the Municipality to stipulate a royalty payment before any copies of the database are reproduced for sale in any form. Section 16 . Deposit. National Library of Canada The Municipality will deposit and maintain one copy of the Code, and all supple- ments thereto, in the National Library of Canada. Section 17 - Canadian Municipal Code. Trademark The Municipality acknowledges that the words Canadian Municipal Code are the Registered Trade Mark in Canada of Municipal World Inc. Section 18 . Responsibility of Publisher The Publisher shall be responsible for the accuracy of the Codification Procedures as reflected in the published Code or supplements delivered to the municipality. Regardless of the municipality's acceptance of published materials when delivered, the Publisher shall correct any errors, found either by the Municipality or by the Publisher, when the next succeeding supplementation is prepared. Section 19 . Responsibility of Municipality The Municipality shall: 1. Be responsible for the accuracy of the information supplied to the Publisher. 2. Provide the Publisher with prompt answers to questions and shall resolve Code re- lated problems raised by the Publisher. 3. Include sufficient funds in the Municipal budgetto pay the Publisher for the ser- vices rendered, and shall make prompt payment of invoices as provided in Schedule "E." 4. Complete its work expeditiously so as to avoid delay of the Publisher's work. 6~-O CANADIAN MUNICIPAL CODETM Section 20 - Legal advice 1. All matters requiring legal advice or opinions, analysis of Legislation for legal suf- ficiency, interpretation of cases or statutes, etc., shall be directed by the Municipality or the Publisher to the Legal Advisor. 2. Any information in the possession of the Publisher, including opinions, advice and recommendations reflecting the knowledge and experience of the Publisher, shall be made available to the Legal Advisor upon request Section 21- Performance schedules Performance schedules and time frames shall be as set out in Schedule "D." Section 22 - Cost and payment procedures The cost and payment procedures shall be as set out in Schedule "E," attached hereto. Section 23 - Development of Legislation Upon the request of the Municipality, and upon such additional terms as may be mutually agreed upon, the Publisher will: . assist in the analysis and development of Code amendments; . consult with and assist the Municipality in the preparation of new or revised Legislation and its comparison with the Code; . where available supply sample Legislation and report to the Municipality on conflicts, inconsistencies, organization, numbering, style and format of the proposed Legislation; . pre-edit major new legislation prior to adoption; and . generally provide services to aid in the maintenance of the Code as a comprehen- sive and organized body of law. Section 24 - Supplementation 1. Upon publication, the Code will contain the Legislation in accordance with the agreed system and style. In addition to the Legislation, the Code may contain material derived from the Legislation but prepared by the Publisher, including a Table of Con- tents, Concordance of By-laws and Chapters, cross-references, an index, and may also contain certain other appendix and/or reference material. 2. In the performance of services under this section, the Publisher shall maintain the continuity of system, style, organization and numbering used through the Code when preparing supplementation. 3. At the request of the Municipality, the Publisher will maintain and update the Code using the following methods and procedures. --6- 621 CANADIAN MUNICIPAL CODETM (a) The Municipality shall provide the Publisher with two copies of every by-law forming part of the Legislation to be included in the Code or to amend or repeal a by-law already included in the Code, in the form, language and format in which it is adopted and filed and in the manner as set out in Schedule "B." (b) The Publisher shall prepare supplementation on a regular schedule or on a schedule to be determined. The supplementation shall contain changes to the Code necessitated by the Legislation, as well as changes to the table of contents, cross-references, supplemental index, appendix and other contents of the Code as are necessary. The index shall be revised, incorporating the supplemental index, whenever deemed necessary by the Publisher in conjunction with the sup- plementation of the Code. (c) In preparing supplementation, the Publisher's editors shall read and review the Legislation, comparing it with the entire Code, and note any conflicts, inconsis- tencies, errors and/or differences with the content, system and style of the Code which they may find. After noting any of the above, the editors may contact the Municipality to resolve any problems before proceeding. (d) The Publisher's editorial staff shall read and review the Legislation to be con- tained in the supplementation, shall organize and number the Legislation to con- form to the Code, shall proofread the Legislation to systematize and stylize it as required herein, and during the subsequent composition shall read the pages being composed to ensure that pages as fmally published reflect accurately the legislation as enacted and maintain continuity and consistency within the Code. The copy as typeset and organized into pages, and the pages as numbered, shall be proofread to ensure that the Editor's instructions are followed. Thereafter, the editorial staff shall read the completed supplementation pages, place a copy thereof in the Publisher's master copy of the Code, and check the consistency and continuity thereof before delivering the copies of the supplementation pages to the Municipality. The completed supplementation graphically shall cor- respond to the printing style and format used in the Code and recent supplemen- tal pages. (e) The Publisher will publish an agreed upon number of copies of the supplementa- tion pages for the Municipality, each with an instruction page describing how the pages are to be inserted in the copies of the Code, and the Municipality shall ship or mail the sets to the holders of individual Code volumes. 4. The cost for supplementation services will be established in the manner set out in Schedule "E". S. Upon request the Publisher will compare copies of the Code in the possession of the Municipality with the Publisher's master copy and make changes or corrections as necessary to the Municipality's copy to ensure that it matches the master and that sup- plemental pages have been properly inserted. Such Codes will be updated at a charge to be quoted by the Publisher at the time. -7- 6,.., ...., (L CANADIAN MUNICIPAL CODETM Section 25 - Jurisdiction This contract shall be governed by the laws of the Province of Ontario. Section 26 - Closing THIS CONTRACf COMPRISES the entire contract between the Publisher and the Municipality regarding the Publisher's services IN WITNESS WHEREOF, both the Publisher and the authorized representatives of the Municipality have hereunto set their official signatures and have affixed to corporate seals of the Municipality and the Publisher respectively, at which time this contract shall take full force and effect. THE CORPORATION OF THE TOWN OF NEWCASTLE , .~& TOWN OFNEWCASlLE (seal) MUNICIPAL WORLD INC. (seal) .L;eL..?p-............. Date "b?3 ,. CANADIAN MUNICIPAL CODETM Schedule' A' Legislation - List of by-laws to be codified 1. Subject to Section 2, the Code shall consist of approximately 100 Chapters includ- ing the most active by-laws of the Municipality, with all amendments thereto, made prior to the date of publication, as selected by the Designated OfflCer. 2. Planning by-laws will not be included in the Code. b2~ CANADIAN MUNICIPAL CODETM Schedule "B" Copies of by-laws - how received The Legislation, being the by-laws listed in Schedule "A," shall, unless otherwise mutually agreed upon between the Designated Officer and the Editor, be forwarded to the Publisher by the Municipality in the following manner. PHOTOCOPIES. BY-LAWS Two (2) photocopies, each page copied on one side only, of each of the typewritten by-laws, suitable for computer input by the use of an ICR scanner. ARTWORKS Artworks for municipal crest and by-law schedules to be supplied by the Municipality . Crest - artworks - Artwork and a technical description of the colours to be used (or in the alternative a sample of the colours to be used) are required for printing of the Municipal Code Binders. Mylar artworks - schedules - Artworks will be required for all graphic schedules in- cluded as parts of a by-law (Chapter). We will notify you, from time to time, as such in- formation is identified. In the alternative, when mylar artworks are not available, or the maps are too large for reduction, a notation may be made in the Chapter indicating that such schedules may be inspected in the office of the clerk at all reasonable hours. HISTORY - SOCIAL ECONOMIC PROFll..E History - A synopsis of the history of the municipality is required for inclusion in the Preface. Economic - social - cultural profile - Information to complete this profile is required for the Preface. This may be drawn from various documents such as economic promotion leaflets, statistical reports, etc. CORPORATE OFFICERS Elected members - list - Details of the names, wards ( where applicable) and offices of elected members are required for completion of the front sheets. Department Heads and Officers -list - A current list of Department Heads and Of- ficers of the Corporation are required for inclusion in the front sheets. CORPORATE SEAL Corporate Seal- Where a by-law adopting the Corporate Seal of the municipality is included in the Code an artwork of the Corporate Seal is required. In the alternative, the seal must be afflXed to the relevant page of the Code after publication. --1 0-. 625 CANADIAN MUNICIPAL CODETM Schedule "C" Number of copies, binding, printing, etc. ,. Section 1- GENERAL TERMS The Publisher will print and bind copies of the Code in the quantities and in the man- ner set out herein. Section2-B~ERS-PERSET Number of binders per set - one (1) S~IDn3-B~ERSSETS-CONTRACT Quantity - Fifty sets (50) Where deemed advantageous the Municipality may request the Publisher to increase or decrease the number of binders per contract or number of binders per set in accordance with Schedule "D", Item 6. S~ion 4 - BINDERS - DESCRIPfION Green handcrafted case-made binders, approximately 10" x 71/2," covered with On- tario Buckram over .120 stiff board and lined with matching paper liners, canvass hinges and round comers, to be fitted with 3" capacity ETBO triggerless metal riveted to flat spine, exposed rivets, as per sample agreed to. Front cover and spine to be silk screened in white letters with the words Municipal Code of the Town of Newcastle together with the crest of the municipality up to four colours. Inside front cover to contain the words "a Canadian Municipal Code, Published by Municipal World Inc., Box 399, St. Thomas, Ontario N5P 3V3. Canadian Municipal Code, a registered trademark of Municipal World Inc." S~ion 5 - ~ICES (TABS) Quantity - Twenty (20) - per binder. Description - Custom mylar indices, sized to co-ordinate with binder specifications, with a 1/2" projecting tab. Consisting of twenty tabs per set, arranged in banks of 4 tabs each. Tab portion to be printed on two sides in black ink on 200M white, mylar rein- forced Pennadex stock, drilled with three holes to conform with the binder. Section 6 - PAGES Quantity - up to 800 pages per binder. Description - 6" x 9" 60 lb. book paper, top quality, white, printed with black ink in accordance with the specifications set out in the Publishers style manual. -11- 626 CANADIAN MUNICIPAL CODETM Section 7 - COLLATION All indices (tabs) and pages to be collated in Code sets and inserted into binders. Section 8 - SERIAL NUMBERS Each Code set to be stamped with a consecutive serial number on the front sheet: commencing with # one (1) ending with # ftfty (50) Section 9 - PACKAGING - INDIVIDUAL Each collated Code set to be individually boxed with each box stamped or marked to include the: . name of the Code, and . serial number of the Code set. Section 10 - PACKAGING - BULK Complete order to be packaged in a secure manner for delivery to the municipality. Section 11- TEXT RETRIEVAL SYSTEM The following additional items shall be supplied under this contract: . master copy - computerized version of the Town of Newcastle Municipal Code plus one copy for installation in the Municipality (value $750.(0); . text retrieval software (including licence) (value $250.(0); . Municipal World Index 1970-1990 (complimentary); and . codified statutes (value $176.(0), namely . Development Charges Act (including regulations); . Municipal Freedom of Information and Protection of Privacy Act (including regulations); . Municipal Act; . Municipal Election Law 91; . Planning Act (including regulations). -12- 627 1Jl:;l\:J 1. 2. 3. 4 5. CANADIAN MUNICIPAL CODpM '" Schedule "D" Performance QESCRlPTION COMPI~TIQN DATi Contract signed - Memorandum of Agreement signed April 1991 Legislation: (a) reviewed by Designated Officer and Legal Advisor (b) by-law graphics schedules- responsibility for artwork assigned (c) Civic crest (for use on binder cover) - responsibility for artwork assigned (d) synopsis of history - responsibility assigned ( e) social economic profIle - responsibility assigned (t) by-law selection proforma prepared April 1991 List of by-laws and copies of legislation received by Publisher from the Municipality - Further infonnation required under 3 (b), (c) (d) and (e) to be forwarded to the Publisher at the earliest opportunity June 15, 1991 Tab (Part) allocation and Chapter structure established by Editor - approved by Designated Officer July 2, 1991 Publisher to deliver to Municipality draft copies of: - Preface; - Contents; - Chapters (together with one copy of each of the relevant by-laws); - Adoption By-law and Concordance; and - recommendations for amendments October 1, 1991 -13- 628 \ r- .; CANADIAN MUNICIPAL CODETM 6. Number of binders per contract/number of binders per set/number of pages - quantity confirmed or altered in writing by Municipality (See Schedule "C", Section 3 and 5 and Schedule "E" Section 9 and 10) October 16, 1991 7. Artwork for binder crest supplied by Municipality (earlier submission would be appreciated) October 16, 1991 8. Mylars and other artworks required for inclusion in Chapters supplied by Municipality October 16, 1991 9. Cut-off date for inclusion of additional by-laws to be supplied by the Municipality to the Publisher October 16, 1991 10. Production of binders commenced October 16, 1991 11. Draft proofs approved or amended by Designated Officer/Legal Advisor, initialled and returned to Publisher November 12, 1991 12. Delivery of Code volumes to Municipality December 21-, 1991 13. Publication date December 1991 14. Adoption by-law passed by Council- effective date of Code Date to be established by Designated Officer Amendment to performance schedule - Time is of the essence in this agreement. In extenuating circumstances, the completion dates may be varied by mutual agreement be- tween the Designated Officer and the Editor. --14-- 6"0 ( J CANADIAN MUNICIPAL CODEm Schedule "E" Cost and payment Section 1- General terms The following terms shall be the full consideration for the performance by the Pub- lisher of the Codification Procedures as set out in this contract. Section 2 - Contract price The cost of the Codification Procedures shall be as follows: COST GST PST TOTAL a) Municipal Code - hard copies $33.100.00 $2.317.00 N/A $35.417.00 (Schedule 'C', s. 3) b) Municipal Code - computer master 750.00 52.50 60.00 862.50 Schedule 'C'. s. 11) c) Text Retrieval System 250.00 17.50 20.00 287.50 (Schedule 'C'. s. 11) d) Municipal World Index NIC NIC NIC NIC (Schedule 'C', s. 11) e) CodifIed statutes 176.00 12.32 14.08 202.40 (Schedule 'C', s. 11) $34.276.00 $2.399.32 $94.08 $36.769.40 Less GST rebate (estimated) 1.370.00 1.370.00 $34.276.00 $1.029.32 $94.08 $35.399.40 Section 3 - Provincial Sales Tax - other taxes Each Canadian Municipal Code will be included in Canadian Cataloguing in Publica- tion Data and will be assigned an International Standard Book Number (ISBN) registered with the National Library of Canada. As a registered book, Provincial Sales Tax. is cur- rently not applicable. Provincial Sales Tax. will be payable by the Municipality should that policy change. The tax. will be prepaid by the Publisher and added to the invoices to be paid by the Municipality. Section 4 - Federal Goods and Services Tax (GST) This tax. now applies to the majority of goods and services, effective January 1, 1991. Tax. will be payable by the Municipality upon all goods and services delivered after that date in accordance with the then existing legislation. The tax. will be prepaid by the Pub- lisher and added to the invoices to be paid by the Municipality. The portion of the tax. refundable to the Municipality has been estimated in Section 2. Section 5 - Delivery - handling The Publisher will deliver the Code, and supplements by the method specified by the Municipality, f.o.b. the Publisher's head office, Union, Ontario; and charges for the delivery, handling, packaging, insurance/shipping will be prepaid by the Publisher and added to the invoice for services to be paid by the Municipality. 6150 .\ CANADIAN MUNICIPAL CODETM Section 6 . Payment procedures Payment shall be made by the Municipality to the Publisher in the following instal- ments, namely: (a) the first instalment. 10% of the contract price at the time of the submission of Legislation to the Publisher in accordance with Item 4 of Schedule "D." (b) the second instalment. 20% of the contract price. at the time of submission of the draft proofs of the Legislation in accordance with Item 5 of Schedule "D"; (c) the third instalment. 20% of the contract price, 45 days after the submission of the draft proofs to the Municipality under clause (b). of this section, or upon the date of the approval of the fmal proofs by the Municipality whichever date shall occur first; and (d) the fourth instalment. consisting of the remainder of the contract price and any additional charges for extra value services. mutually agreed upon between the Municipality and the Publisher. shall be paid upon delivery of the Code volumes to the Municipality. Section 7 - Extra value services Additional by-laws, not set out in Schedule "A" may be added to the Code at any time prior to the completion of Item 7 of Schedule "D" upon such additional terms as are mutually agreed upon between the Publisher and the Municipality and such additional sums shall be in addition to the contract price as set out in Section 2 of this Schedule. Section 8 . Editorial conference meeting. additional Where more than three editorial conference meetings are requested by the Designated Officer or the Legal Advisor. the Publisher shall be entitled to receive an additional per diem of $500 for each such meeting. Section 9 . Cbange . number of pages. binders Where. after the delivery to the Municipality of the final proofs of Chapters in accord- ance with Schedule "D". Item 5. it is determined that the total number of pages as set out in Section 6 of Schedule "e" of this contract will be more or less than 800 or, where deemed advantageous by the Municipality, it is determined that more or less than 100 binders are required or that a second binder is required in each set of the Code, the con- tract price, set out in clause (a) of Section 2 of this Schedule shall be varied in accordance with the following table. -1t--Z 1 h I I \...: .../ . .~ '. . . CANADIAN MUNICIPAL CODETM Total Column 1 Column 2 Column 3 Column 4 number One One One Two of pages binder binder binder binder x50 x75 x 100 x 100 copies copies copies copies 400 20,500 21,275 22,050 25,750 500 23,650 24,425 25,200 28,900 600 26,800 27,575 28,350 32,050 700 29,950 30,775 31,500 35,200 800 33,100 33,875 34,650 38,350 900 36,250 37,025 37,800 41,500 1000 44,650 1100 47,800 1200 50,950 1300 54,100 1400 57,250 Section 10 - Additional sets Where deemed advantageous, the Municipality may, in writing, request the Publisher to increase the number of sets of the Code. Where such a request is made, the number of sets as set out in Schedule "C", Section 3, or as modified in accordance with Section 9 of this Schedule, shall be varied accordingly. Where such request is made in accordance with Schedule "D", Item 6, the contract price set out in Section 2 of this Schedule, or as modified in accordance with Section 9 of this Schedule, may be increased by one of the following amounts: Additional Number of Sets One Binder Set Two Binder Set 50 15% of the price as per Column 1 of Section 9 27% of the price as per Column 3 of Section 9 -17- 632 . . ~, CANADIAN MUNICIPAL eaDEm . - Section 11- Supplementation - Hard copies Supplementation services will be provided for the year 1991 at the following standard rates, whichever shall be applicable, namely: (a) 1 page x 50 = $17.50 (i.e. 35(t per page) (b) 1 page x 75 = $25.50 (i.e. 34(t per page) (c) 1 page x 100 = $31.50 (i.e. 31 112(t per page) (d) 1 page x 150 = $35.25 (i.e. 23 112(t per page) (e) Rates for subsequent years shall be at the standard rate then being charged for such services by the Publisher. Any increase in the standard rates, set out in Sec- tions 9(a) through 9(d) inclusive above, shall be reasonable reflecting the addi- tional costs incurred by the Publisher at the time such services are rendered. Section 12 - Supplementation - Computer master Supplementation of the computer master plus one copy for installation in the Municipality will be provided for the year 1991 at 10% of the cost of any hard copy sup- plementation made pursuant to Section 11. -18- ~~ 'Z 6,.; J " r. '. CANADIAN MUNICIPAL CODETM Schedule "F" Municipality - Staff authority Section 1 - Designated Officer 1. For the purposes of this contract, Mrs. P. Barrie, Town Clerk, shall be the Desig- nated Officer of the Municipality. 2. Where the Municipality deems it advisable to change the Designated Officer during the tenn of this contract, the Municipality shall notify the Publisher in writing of the name of the new Designated Officer. Section 2 - Legal Advisor 1. For the purposes of this contract, . . . . . . . . . . . . . . . . . . . , City Solicitor, shall be the Legal Advisor for the Municipality. 2. Where the Municipality deems it advisable to change the Legal Advisor during the term of this contract, the Municipality shall notify the Publisher in writing of the name of the new Legal Advisor. Section 3 . Editor 1. For the purposes of this contract Michael J. Smither shall be the senior Editor designated by the Publisher. 2. Where the Publisher deems it advisable to change the Editor during the tenn of this contract, the Publisher shall notify the Municipality in writing of the name of the new Editor. -19- 6 3 ~[ .' CANADIAN MUNICIPAL CODETM This AGREEMENT made as of the . . . . . . .. day of April, 1991 BET WEE N: THE MUNICIPAL CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Municipality" AND MUNICIPAL WORLD INC., a corporation duly incorporated and entitled to carry on business in the Province of Ontario hereinafter called the "Publisher." TMCanadian Municipal Code, Registered Trade Mark in Canada, Municipal World Inc. --1- .' CANADIAN MUNICIPALCODETM Section 1 . Interpretation In this contract, unless the context otherwise requires, "Code" - means the Code of the Municipality to be published by the Publisher in ac- cordance with this contract "Codification Procedures" - shall consist of the compilation, organization, number- ing, editing, proofreading, cross-referencing, indexing and publishing of the Legislation in accordance with the Publisher's methods, procedures and style manual, unless other- wise provided for herein. "Designated Officer" - means the officer of the Municipality designated as having fmal approval authority. (Schedule "F") "editorial conference meeting" - means any meeting between the staff of the Publish- er or of the Municipality, held in the offices of the Municipality, by prior arrangement be- tween the Designated Officer and the Editor. "Legal Advisor" - means the Solicitor or other Legal Advisor designated by the Municipality, as the Legal Advisor for the purposes of this contract (Schedule "F") "Editor" - means the person designated by the Publisher as the senior Editor for the purposes of this contract. (Schedule "F') "Legislation" - shall mean those by-laws of the Municipality, selected by the Desig- nated Officer of the Municipality, referred to in Schedule "A" attached hereto, and shall include any repeal, amendment or addition thereto, enacted by the Municipality up to the time of the completion of the Codification Procedures. "page" - means anyone side of a leaf, as printed by the Publisher, upon which there is any printing. "supplementation" - means the editing, composing and publishing of amendments, changes, deletions or additions to the Code necessitated by amendments, deletions or ad- ditions to the Legislation, or resulting from changes in the Appendix, Index or other refer- ence material necessary to keep current the system and content of the Code. Section 2 . Nature of the contract This contract provides for the delivery, by the Publisher to the Municipality, of a Canadian Municipal Code, in accordance with the specifications and in return for the con- sideration stated herein. Section 3 . Content of the Code The by-laws, and amendments thereto, to be codified shall be those by-laws adopted by the municipality, hereinafter referred to as the Legislation, which have been selected by the Designated Officer and which are set out in Schedule "A" attached hereto. Section 4 . Content of the Code. additional Additional by-laws, not set out in Schedule "A," may be added to the Code at any -2- " CANADIAN MUNICIPAL CODETM time prior to the completion of the Codification Procedures upon such additional terms as are mutually agreed upon between the Publisher and the Municipality. Section 5 - Editorial conference meeting 1. After receipt by the Publisher of the by-laws from the Municipality and prior to the commencement of the Codification Procedures, the Editor will attend an editorial con- ference meeting in the offices of the Municipality, with the Designated Officer and the Legal Advisor to describe and reach a consensus upon the scope of the editorial licence which may be exercised during the Codification Procedures to: . establish the method of reporting recommendations for changes in the by-laws; and . the manner in which such amendments to the by-laws will be made by the Municipality. 2. A maximum of three editorial conference meetings will be held during the term of the contract. 3. Should further editorial conference meetings be deemed necessary by the Municipality, the Publisher shall be entitled to the further per diem compensation as set out in Section 8 of Schedule "E." Section 6 - Specialized nature of the work The Publisher shall codify the Legislation of the Municipality by the compilation, or- ganization, numbering, editing, proofreading, indexing, cross-referencing, printing and binding of the Legislation in accordance with the Publisher's methods, procedures and style manual, unless otherwise provided herein. Upon completion of the Codification Procedures, the Legislation as codified shall be termed the Code. Section 7 - Pre-codification responsibilities of the Municipality The Municipality will perform the following functions. 1. The Designated Officer will supply the Publisher with a list of the Legislation con- taining the by-law number, title, adoption date, date of external approval and other re- lated information agreed upon between the Municipality and the Publisher. 2. The Municipality will supply copies of the Legislation to the Publisher in the man- ner set out in Schedule "B" attached hereto. 3. The Municipality shall immediately supply to the Publisher, in the same manner as set out in Schedule "B," during the Codification Procedures, full details of any by-law which will amend or repeal a by-law included in the Legislation set out in Schedule "A." Section 8 - Publication of Code Upon completion of the Codification Procedures the Publisher will print and bind copies of the Code in the quantity and manner as set out in Schedule "C." --3- CANADIAN MUNICIPAL CODpM Section 9 - Concordance of by-laws and chapters The Publisher will prepare a Concordance of By-laws and Chapters which shall set out the by-law number, title and the chapter in which the Legislation has been codified Section 10 - Code adoption by-law The Publisher shall submit for review by the Legal Advisor a draft by-law which will permit the Municipality to adopt the Code as the comprehensive by-law referred to in the enabling authority. Section 11 - Index Following completion of the Codification Procedures, the Publisher shall prepare and publish and include in the Code, a comprehensive index, keyed to the chapter and article and article and section numbering system for use in locating specific and related material within the codified Legislation. Section 12 - Publisher's closing report Upon completion of the Codification Procedures and delivery of the Code volumes to the Municipality, the Publisher will submit a report which will: . describe the project and work done; and . identify any unresolved problems which have been listed for future action by the Municipality; and · make such recommendations, as are deemed necessary by the Publisher for the advancement of the interests of the Municipality and the future maintenance of the Code. Section 13 - Distribution - responsibilities of the Municipality 1. The Municipality will maintain a record of the distribution, sale and maintenance of the Code. 2. The Municipality shall have the exclusive right to sell the Code. 3. The Municipality shall determine the fee to be charged for copies of the Code and supplements thereto. Section 14 - Distribution - responsibilities of the Publisher To assist the Municipality in the distribution of the Code, the Publisher will provide the following additional services. 1. Advice as to the manner of record keeping for the distribution, sale and main- tenance of the Code and supplements. 2. Prepare and publish, at the Publisher's expense, in one monthly issue only, a quarter page advertisement in the magazine Municipal World, promoting the sale of copies of the Code. --4- CANADIAN MUNICIPAL CODETM 3. Prepare a press release for the Municipality's use in infonning the public of the completion of the Code and promoting its sale. Section 15 . Copyright 1. Subject to subsections 2 and 3, the Municipality shall retain all copyright in the Code, and no part of the Code may be reproduced, transmitted or utilized in any form or by any means, electronic or mechanical including photocopying, recording, or by any in- formation storage and retrieval system except as provided by written permission of the copyright holder. 2. The Publisher shall have the right, for advertising and promotional purposes only, to publish or otherwise reproduce, excerpts from the Code and may, at the time of the ini- tial production, produce up to five additional copies of the Code to be used for display and promotional purposes only. 3. The Publisher shall have the right to include an electronic edition of the Code in the Canadian Municipal Code Text Retrieval System, subject to the right of the Municipality to stipulate a royalty payment before any copies of the database are reproduced for sale in any form. Section 16 . Deposit. National Library or Canada The Municipality will deposit and maintain one copy of the Code, and all supple- ments thereto, in the National Library of Canada. Section 17. Canadian Municipal Code. Trademark The Municipality acknowledges that the words Canadian Municipal Code are the Registered Trade Mark in Canada of Municipal World Inc. Section 18 . Responsibility of Publisher The Publisher shall be responsible for the accuracy of the Codification Procedures as reflected in the published Code or supplements delivered to the municipality. Regardless of the municipality's acceptance of published materials when delivered, the Publisher shall correct any errors, found either by the Municipality or by the Publisher, when the next succeeding supplementation is prepared. Section 19 . Responsibility of Municipality The Municipality shall: 1. Be responsible for the accuracy of the information supplied to the Publisher. 2. Provide the Publisher with prompt answers to questions and shall resolve Code re- lated problems raised by the Publisher. 3. Include sufficient funds in the Municipal budget to pay the Publisher for the ser- vices rendered, and shall make prompt payment of invoices as provided in Schedule "E." 4. Complete its work expeditiously so as to avoid delay of the Publisher's work. --5- CANADIAN MUNICIPAL CODETM Section 20 - Legal advice 1. All matters requiring legal advice or opinions, analysis of Legislation for legal suf- ficiency, interpretation of cases or statutes, etc., shall be directed by the Municipality or the Publisher to the Legal Advisor. 2. Any information in the possession of the Publisher, including opinions, advice and recommendations reflecting the knowledge and experience of the Publisher, shall be made available to the Legal Advisor upon request Section 21 - Performance schedules Performance schedules and time frames shall be as set out in Schedule "D." Section 22 - Cost and payment procedures The cost and payment procedures shall be as set out in Schedule "E," attached hereto. Section 23 - Development of Legislation Upon the request of the Municipality, and upon such additional terms as may be mutually agreed upon, the Publisher will: . assist in the analysis and development of Code amendments; . consult with and assist the Municipality in the preparation of new or revised Legislation and its comparison with the Code; · where available supply sample Legislation and report to the Municipality on conflicts, inconsistencies, organization, numbering, style and format of the proposed Legislation; . pre-edit major new legislation prior to adoption; and . generally provide services to aid in the maintenance of the Code as a comprehen- sive and organized body of law. Section 24 - Supplementation 1. Upon publication, the Code will contain the Legislation in accordance with the agreed system and style. In addition to the Legislation, the Code may contain material derived from the Legislation but prepared by the Publisher, including a Table of Con- tents, Concordance of By-laws and Chapters, cross-references, an index, and may also contain certain other appendix and/or reference material. 2. In the performance of services under this section, the Publisher shall maintain the continuity of system, style, organization and numbering used through the Code when preparing supplementation. 3. At the request of the Municipality, the Publisher will maintain and update the Code using the following methods and procedures. --6- CANADIAN MUNICIPAL CODETM (a) The Municipality shall provide the Publisher with two copies of every by-law forming part of the Legislation to be included in the Code or to amend or repeal a by-law already included in the Code, in the form, language and format in which it is adopted and filed and in the manner as set out in Schedule "B." (b) The Publisher shall prepare supplementation on a regular schedule or on a schedule to be determined. The supplementation shall contain changes to the Code necessitated by the Legislation, as well as changes to the table of contents, cross-references, supplemental index, appendix and other contents of the Code as are necessary. The index shall be revised, incorporating the supplemental index, whenever deemed necessary by the Publisher in conjunction with the sup- plementation of the Code. (c) In preparing supplementation, the Publisher's editors shall read and review the Legislation, comparing it with the entire Code, and note any conflicts, inconsis- tencies, errors and/or differences with the content, system and style of the Code which they may find. After noting any of the above, the editors may contact the Municipality to resolve any problems before proceeding. (d) The Publisher's editorial staff shall read and review the Legislation to be con- tained in the supplementation, shall organize and number the Legislation to con- form to the Code, shall proofread the Legislation to systematize and stylize it as required herein, and during the subsequent composition shall read the pages being composed to ensure that pages as fmally published reflect accurately the legislation as enacted and maintain continuity and consistency within the Code. The copy as typeset and organized into pages, and the pages as numbered, shall be proofread to ensure that the Editor's instructions are followed. Thereafter, the editorial staff shall read the completed supplementation pages, place a copy thereof in the Publisher's master copy of the Code, and check the consistency and continuity thereof before delivering the copies of the supplementation pages to the Municipality. The completed supplementation graphically shall cm:- respond to the printing style and format used in the Code and recent supplemen- tal pages. (e) The Publisher will publish an agreed upon number of copies of the supplementa- tion pages for the Municipality, each with an instruction page describing how the pages are to be inserted in the copies of the Code, and the Municipality shall ship or mail the sets to the holders of individual Code volumes. 4. The cost for supplementation services will be established in the manner set out in Schedule "E". 5. Upon request the Publisher will compare copies of the Code in the possession of the Municipality with the Publisher's master copy and make changes or corrections as necessary to the Municipality's copy to ensure that it matches the master and that sup- plemental pages have been properly inserted. Such Codes will be updated at a charge to be quoted by the Publisher at the time. -7- CANADIAN MUNICIPAL CODETM Section 25 - Jurisdiction This contract shall be governed by the laws of the Province of Ontario. Section 26 - Closing THIS CONTRACf COMPRISES the entire contract between the Publisher and the Municipality regarding the Publisher's services IN WITNESS WHEREOF, both the Publisher and the authorized representatives of the Municipality have hereunto set their official signatures and have affixed to corporate seals of the Municipality and the Publisher respectively, at which time this contract shall take full force and effect. THE CORPORATION OF THE TOWN OF NEWCASTLE , /;J)&J) ........................ TOWN OF NEWCASTLE (seal) ~"'....(tb.,..i.:l.."lL"'., Date MUNICIPAL WORLD INC. (seal) D~(I?d"'!.!&.:"'"'"'."'"'."' L---- -.a- CANADIAN MUNICIPAL CODETM Schedule' A' Legislation - List of by-laws to be codified 1. Subject to Section 2, the Code shall consist of approximately 100 Chapters includ- ing the most active by-laws of the Municipality, with all amendments thereto, made prior to the date of publication, as selected by the Designated Officer. 2. Planning by-laws will not be included in the Code. --9- CANADIAN MUNICIPAL CODETM Schedule "B" Copies of by-laws - how received The Legislation, being the by-laws listed in Schedule "A," shall, unless otherwise mutually agreed upon between the Designated Officer and the Editor, be forwarded to the Publisher by the Municipality in the following manner. PHOTOCOPIES - BY-LAWS Two (2) photocopies, each page copied on one side only, of each of the typewritten by-laws, suitable for computer input by the use of an ICR scanner. ARTWORKS Artworks for municipal crest and by-law schedules to be supplied by the Municipality. Crest - artworks - Artwork and a technical description of the colours to be used (or in the alternative a sample of the colours to be used) are required for printing of the Municipal Code Binders. Mylar artworks - schedules - Artworks will be required for all graphic schedules in- cluded as parts of a by-law (Chapter). We will notify you, from time to time, as such in- formation is identified. In the alternative, when mylar artworks are not available, or the maps are too large for reduction, a notation may be made in the Chapter indicating that such schedules may be inspected in the office of the clerk at all reasonable hours. HISTORY - SOCIAL ECONOMIC PROFILE History - A synopsis of the history of the municipality is required for inclusion in the Preface. Economic - social - cultural profile - Infonnation to complete this profile is required for the Preface. This may be drawn from various documents such as economic promotion leaflets, statistical reports, etc. CORPORATEOFnCERS Elected members -list - Details of the names, wards (where applicable) and offices of elected members are required for completion of the front sheets. Department Heads and Officers -list - A current list of Department Heads and Of- ficers of the Corporation are required for inclusion in the front sheets. CORPORATE SEAL Corporate Seal- Where a by-law adopting the Corporate Seal of the municipality is included in the Code an artwork of the Corporate Seal is required. In the alternative, the seal must be affIXed to the relevant page of the Code after publication. -10-- CANADIAN MUNICIPAL CODETM Schedule "C" Number of copies, binding, printing, etc. Section 1- GENERAL TERMS The Publisher will print and bind copies of the Code in the quantities and in the man- ner set out herein. Section 2 - BINDERS - PER SET Number of binders per set - one (1) Section 3 - BINDERS SETS - CONTRACT Quantity - Fifty sets (50) Where deemed advantageous the Municipality may request the Publisher to increase or decrease the number of binders per contract or number of binders per set in accordance with Schedule "D", Item 6. Section 4 - BINDERS - DESCRIPfION Green handcrafted case-made binders, approximately 10" x 7 1/2," covered with On- tario Buckram over .120 stiff board and lined with matching paper liners, canvass hinges and round corners, to be fitted with 3" capacity ETBO triggerless metal riveted to flat spine, exposed rivets, as per sample agreed to. Front cover and spine to be silk screened in white letters with the words Municipal Code of the Town of Newcastle together with the crest of the municipality up to four colours. Inside front cover to contain the words "a Canadian Municipal Code, Published by Municipal World Inc., Box 399, St. Thomas, Ontario N5P 3V3. Canadian Municipal Code, a registered trademark of Municipal World Inc." Section S - INDICES (TABS) Quantity - Twenty (20) - per binder. Description - Custom mylar indices, sized to co-ordinate with binder specifications, with a 112" projecting tab. Consisting of twenty tabs per set, arranged in banks of 4 tabs each. Tab portion to be printed on two sides in black ink on 200M white, mylar rein- forced Pennadex stock, drilled with three holes to conform with the binder. Section 6 - PAGES Quantity - up to 800 pages per binder. Description - 6" x 9" 60 lb. book paper, top quality, white, printed with black ink in accordance with the specifications set out in the Publishers style manual. --11-- CANADIAN MUNICIPAL CODETM Section 7 - COLLATION All indices (tabs) and pages to be collated in Code sets and inserted into binders. Section 8 - SERIAL NUMBERS Each Code set to be stamped with a consecutive serial number on the front sheet: commencing with # one (1) ending with # fifty (50) Section 9 - PACKAGING - INDIVIDUAL Each collated Code set to be individually boxed with each box stamped or marked to include the: . name of the Code, and . serial number of the Code set Section 10 - PACKAGING - BULK Complete order to be packaged in a secure manner for delivery to the municipality. Section 11- TEXT RETRIEVAL SYSTEM The following additional items shall be supplied under this contract: · master copy - computerized version of the Town of Newcastle Municipal Code plus one copy for installation in the Municipality (value $750.00); . text retrieval software (including licence) (value $250.00); . Municipal World Index 1970-1990 (complimentary); and . codified statutes (value $176.00), namely . Development Charges Act (including regulations); . Municipal Freedom of Information and Protection of Privacy Act (including regulations); . Municipal Act; . Municipal Election Law 91; . Planning Act (including regulations). -12- CANADIAN MUNICIPAL COD pM Schedule "D" Performance 1. Contract signed - Memorandum of Agreement signed April 1991 2. Legislation: (a) reviewed by Designated Officer and Legal Advisor (b) by-law graphics schedules- responsibility for artwork assigned (c) Civic crest (for use on binder cover) - responsibility for artwork assigned (d) synopsis of history - responsibility assigned (e) social economic profIle - responsibility assigned (t) by-law selection proforma prepared April 1991 3. List of by-laws and copies of legislation received by Publisher from the Municipality - Further information required under 3 (b), (c) (d) and (e) to be forwarded to the Publisher at the earliest opportunity June 15, 1991 4 Tab (Pan) allocation and Chapter structure established by Editor - approved by Designated Officer July 2, 1991 5. Publisher to deliver to Municipality draft copies of: - Preface; - Contents; - Chapters (together with one copy of each of the relevant by-laws); - Adoption By-law and Concordance; and - recommendations for amendments October 1, 1991 --13- CANADIAN MUNICIPAL CODETM 6. Number of binders per contract/number of binders per set/number of pages - quantity confirmed or altered in writing by Municipality (See Schedule "C", Section 3 and 5 and Schedule "E" Section 9 and 10) October 16, 1991 7. Artwork for binder crest supplied by Municipality (earlier submission would be appreciated) October 16, 1991 8. Mylars and other artworks required for inclusion in Chapters supplied by Municipality October 16, 1991 9. Cut-off date for inclusion of additional by-laws to be supplied by the Municipality to the Publisher October 16, 1991 10. Production of binders commenced October 16, 1991 11. Draft proofs approved or amended by Designated Officer/Legal Advisor, initialled and returned to Publisher November 12,1991 12. Delivery of Code volumes to Municipality December 21-,1991 13. Publication date December 1991 14. Adoption by-law passed by Council- effective date of Code Date to be established by Designated Officer Amendment to performance schedule - Time is of the essence in this agreement. In extenuating circumstances, the completion dates may be varied by mutual agreement be- tween the Designated Officer and the Editor. -14-- CANADIAN MUNICIPAL CODETM Schedule "E" Cost and payment Section 1 - General terms The following terms shall be the full consideration for the performance by the Pub- lisher of the Codification Procedures as set out in this contract Section 2 - Contract price The cost of the Codification Procedures shall be as follows: COST GST PST TOTAL a) Municipal Code - hard copies $33,100.00 $2,317.00 N/A $35,417.00 (Schedule 'C' , s. 3) b) Municipal Code - computer master 750.00 52.50 60.00 862.50 Schedule 'C', s. 11) c) Text Retrieval System 250.00 17.50 20.00 287.50 (Schedule 'C', s. 11) d) Municipal World Index NIC NIC N/C N/C (Schedule 'C', s. 11) e) Codified statutes 176.00 12.32 14.08 202.40 (Schedule 'C', s. 11) $34,276.00 $2,399.32 $94.08 $36,769.40 Less GST rebate (estimated) 1.370.00 1.370.00 $34.276.00 $1.029.32 $94.08 $35.399.40 Section 3 - Provincial Sales Tax - other taxes Each Canadian Municipal Code will be included in Canadian Cataloguing in Publica- tion Data and will be assigned an International Standard Book Number (ISBN) registered with the National Library of Canada. As a registered book, Provincial Sales Tax is cur- rently not applicable. Provincial Sales Tax will be payable by the Municipality should that policy change. The tax will be prepaid by the Publisher and added to the invoices to be paid by the Municipality. Section 4 - Federal Goods and Services Tax (GST) This tax now applies to the majority of goods and services, effective January 1, 1991. Tax will be payable by the Municipality upon all goods and services delivered after that date in accordance with the then existing legislation. The tax will be prepaid by the Pub- lisher and added to the invoices to be paid by the Municipality. The portion of the tax refundable to the Municipality has been estimated in Section 2. Section 5 - Delivery - handling The Publisher will deliver the Code, and supplements by the method specified by the Municipality, f.o.b. the Publisher's head office, Union, Ontario; and charges for the delivery, handling, packaging, insurance/shipping will be prepaid by the Publisher and added to the invoice for services to be paid by the Municipality. --15- CANADIAN MUNICIPAL CODETM Section 6 . Payment procedures Payment shall be made by the Municipality to the Publisher in the following instal- ments, namely: (a) the fIrst instalment, 10% of the contract price at the time of the submission of Legislation to the Publisher in accordance with Item 4 of Schedule "D." (b) the second instalment, 20% of the contract price, at the time of submission of the draft proofs of the Legislation in accordance with Item 5 of Schedule "D"; (c) the third instalment, 20% of the contract price, 45 days after the submission of the draft proofs to the Municipality under clause (b), of this section, or upon the date of the approval of the [mal proofs by the Municipality whichever date shall occur first; and (d) the fourth instalment, consisting of the remainder of the contract price and any additional charges for extra value services, mutually agreed upon between the Municipality and the Publisher, shall be paid upon delivery of the Code volumes to the Municipality. Section 7 . Extra value services Additional by-laws, not set out in Schedule "A" may be added to the Code at any time prior to the completion of Item 7 of Schedule "D" upon such additional terms as are mutually agreed upon between the Publisher and the Municipality and such additional sums shall be in addition to the contract price as set out in Section 2 of this Schedule. Section 8 . Editorial conference meeting. additional Where more than three editorial conference meetings are requested by the Designated OffIcer or the Legal Advisor, the Publisher shall be entitled to receive an additional per diem of $500 for each such meeting. Section 9 . Change. number of pages. binders Where, after the delivery to the Municipality of the final proofs of Chapters in accord- ance with Schedule "D", Item 5, it is determined that the total number of pages as set out in Section 6 of Schedule "C" of this contract will be more or less than 800 or, where deemed advantageous by the Municipality, it is determined that more or less than 100 binders are required or that a second binder is required in each set of the Code, the con- tract price, set out in clause (a) of Section 2 ofthis Schedule shall be varied in accordance with the following table. --16- CANADIAN MUNICIPAL CODETM Total Column 1 Column 2 Column 3 Column 4 number One One One Two of pages binder binder binder binder x50 x75 x 100 x 100 . copies copies copies COpies 400 20,500 21,275 22,050 25,750 500 23,650 24,425 25,200 28,900 600 26,800 27,575 28,350 32,050 700 29,950 30,775 31,500 35,200 800 33,100 33,875 34,650 38,350 900 36,250 37,025 37,800 41,500 1000 44,650 1100 47,800 1200 50,950 1300 54,100 1400 57,250 Section 10 - Additional sets Where deemed advantageous, the Municipality may, in writing, request the Publisher to increase the number of sets of the Code. Where such a request is made, the number of sets as set out in Schedule "C", Section 3, or as modified in accordance with Section 9 of this Schedule, shall be varied accordingly. Where such request is made in accordance with Schedule "D", Item 6, the contract price set out in Section 2 of this Schedule, or as modified in accordance with Section 9 of this Schedule, may be increased by one of the following amounts: Additional Number of Sets 50 One Binder Set Two Binder Set 15% of the price as per Column 1 of Section 9 27% of the price as per Column 3 of Section 9 -17- CANADIAN MUNICIPAL CODETM Section 11 - Supplementation - Hard copies Supplementation services will be provided for the year 1991 at the following standard rates, whichever shall be applicable, namely: (a) 1 page x 50 = $17.50 (i.e. 35~ per page) (b) 1 page x 75 = $25.50 (i.e. 34~ per page) (c) 1 page x 100 = $31.50 (i.e. 31 If2~ per page) (d) 1 page x 150 = $35.25 (i.e. 23 If2~ per page) (e) Rates for subsequent years shall be at the standard rate then being charged for such services by the Publisher. Any increase in the standard rates, set out in Sec- tions 9(a) through 9(d) inclusive above, shall be reasonable reflecting the addi- tional costs incurred by the Publisher at the time such services are rendered. Section 12 - Supplementation - Computer master Supplementation of the computer master plus one copy for installation in the Municipality will be provided for the year 1991 at 10% of the cost of any hard copy sup- plementation made pursuant to Section 11. -18- " CANADIAN MUNICIPAL CODE'" Schedule "F" Municipality - Staff authority Section 1 - Designated Officer 1. For the purposes of this contract, Mrs. P. Barrie, Town Clerk, shall be the Desig- nated Officer of the Municipality. 2. Where the Municipality deems it advisable to change the Designated Officer during the tenn of this contract, the Municipality shall notify the Publisher in writing of the name of the new Designated Officer. Section 2 - Legal Advisor 1. For the purposes of this contract, . . . . . . . . . . . . . . . . . . . , City Solicitor, shall be the Legal Advisor for the Municipality. 2. Where the Municipality deems it advisable to change the Legal Advisor during the term of this contract, the Municipality shall notify the Publisher in writing of the name of the new Legal Advisor. Section 3 - Editor 1. For the purposes of this contract Michael J. Smither shall be the senior Editor designated by the Publisher. 2. Where the Publisher deems it advisable to change the Editor during the tenn of this contract, the Publisher shall notify the Municipality in writing of the name of the new Editor. -19-