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HomeMy WebLinkAboutCity of Tamarac Resolution R-72-038T h 1 Resolution was introduced by r F� CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT FOR COM- PILATION AND PRINTING OF A CODE OF MUNICIPAL ORDINANCES TO MICHIE CITY PUBLICATIONS COMPANY. WHEREAS, the City Charter directs that the Ordinances of the City shall be codified, and WHEREAS, the City Council has advertised for and received bads for such codification, and WHEREAS, in the judgment of the City Council the bid of MICHIE CITY PUBLICATIONS COMPANY is deemed to be the lowest and best bid, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of the City of Tamarac, florida: SECTION 1: That the bid of MICHIE CITY PUBLICATIONS COMPANY for codification of Municipal Ordinances be accepted. SECTION 2: That the Mayor and City Manager be authorized to enter into a contract with MICHIE CITY PUBLICATIONS COMPANY, a copy of which is attached hereto and made a part hereof by reference. PASSED, ADOPTED and APPROVED, this—LR—lay - , 1972 MAYOR ATTEST: 1 HEREPY-FRTIFY that 1 have APProved the form and correctness of this Resolution iY A RN Or" COUNCIL YQi9 Mayor Seltman Vice, M lyor Lange Councilman Johnson ccurlcllnl�rl "hultz Councilwoman Massaro THIS AGREEMENT, made and entered into this j`, day of :K1.f 1972, by and between MICHTE CITY PUBLICATIONS COMPANY, a corporation duly organized, created and existing under the laws of the Commonwealth. of Virginia, party of the first part, and CITY OF TAMARAC, a municipal corporation in the State of Florida, party of the second part, WITNESSETH: That, in consideration of the sums of money hereinafter agreed to be paid to the party of the first part by the party of the second part, the said Michie City Publications Company, party of the first part, agrees to and with the said City of Tamarac, party of the second part, and its successors and assigns, that it will do the following work and render and perform the following services in. connection with the preparation of the new Code of Ordinances for Tamarac, Florida, viz.; EDITORIAL WORK 1. Codify the Ordinances of a general and permanent nature. In the course of this work the Editors will work into proper places in the original Ordinances all amendments and shall delete from the original Ordinances the provisions that have been expressly repealed. Thus, each Ordinance will be made to reflect the last word of the governing body in that particular instance. 2. The City Charter shall also be brought up to date by working into proper places all amendments thereto and such Charter shall be included in the new Code. 3. The Technical Codes, such as, the Building, Plumbing and Electrical Codes, may be included or excluded at the, option of the City Officials. Any Technical Codes which the City wishes to adopt by reference will be accommodated by the Editors drafting an appropriate Ordinance to cover the situation. on 4. The Ordinances shall be classified according to subject matter so that all related Ordinances shall be grouped together to constitute an individual chapter in the new Code manuscript, The amendatory provisions shall be accorded their proper places and the repealed, outmoded and antiquated provisions shall be eliminated. This applies to the provisions that have been expressly repealed and also to those which have been repealed by implication but all such provisions thought to be repealed by implication shall. first be brought to the attention of the City Attorney together with explanations thereof and for a ruling thereon by,the City Attorney, 5. The Ordinances shall be edited for punctuation, grammar and style by the Company's Editors. if in any case a change in substance of any Ordinance is thought possibly desirable such situation will be called to the attention of the City Attorney with a statement of the reasons why such change may possibly be desirable. No such change in the substance of any existing Ordinance shall be made unless the City Attorney has first given his express approval,, Likewise the Editors may submit to the City Attorney Ordinances of other Cities with which they are familiar covering subjects not covered or not.fully k F1 covered by the existing Ordinances but no such Ordinances shall be included in the Code except upon the direction of the City Attorney. The City Attorney shall be free to accept wholly or in part any or all of the suggestions submitted by the Company's Editors. The Editors shall not, without the approval of the City Attorney, omit any Ordinances even though they are believed to have been repealed` or to have becoixt::, ob ;olcLe. 6. The Ordinances shall be checked against the corresponding Laws of the State of Florida and any discrepancies between the -2 - Ordinances and such laws shall be called to the attention of the City Attorney and changes made as he may direct. . 7. The Ordinances shall also be checked against the decisions of the Supreme Court of Florida and any cases declaring any portion of such Ordinances unconstitutional or construing them shall be called to the attention of the City Attorney. and changes made in the Ordinances as he shall direct. Refer- ences to any cases construing Ordinances contained in the Code shall be made in the form of annotations to such Ordi- nances. .8. The Editors shall prepare accurate catchlines to the individual sections of the Ordinances. 9. The Editors shall, also prepare a frontal analysis to each individual chapter of the Code. 10. Copious cross references and editorial footnotes shall be prepared and carried in appropriate places throughout the Code. 11. A complete and comprehensive general index to the entire Code shall be prepared by the Editors and included in the completed Code. 12. Codification of the Ordinances shall include the handling of all Ordinances passed by the governing body of the City of t c, Tamarac up to the time the Code manuscript is reviewed with the City Attorney. Any Ordinances passed by the governing body subsequent to the date of the execution of this agreement shall be forwarded from time to time to the Editorial Offices of the Company so that such provisions may be accorded their proper places in the new Code manuscript. After the manuscript has been inspected and approved by the City Attorney, no new or additional.material shall be added or incorporated to the manuscript. -3 13. When editorially completed the Company shall notify the City Attorney and the Company will either send the Code manuscript to Tamarac by the Supervising Editor, and there review the manuscript with the City Attorney or, in lieu thereof, the City Attorney may come to the. Editorial Offices of the Company in Charlottesville, Virginia, for the purpose of reviewing said manuscript. If the City Attorney elects to come to Charlottesville, Virginia, for -such purpose, then the Company agrees to defray his traveling expenses from Tamarac to Charlottesville and return, and his living expenses while in Charlottesville. 14. After being reviewed and approved by the City Attorney, the manuscript will then be put in final form so as to include all changes that have been agreed upon at the editorial conferences with the City Attorney. Thus, the manuscript will be put in shape for publishing the Code. PUBLISHING THE CODE Michie City publications Company agrees to publish the Code according to the following specifications; 1. The Company agrees to prepare for the City fifty (50) copies of the Code in multilith form, 2. The Code shall be prepared and published on a page measuring 8 1/2 x 11 inches. 3. Twenty --five (25) copies of th:- Cole shall be, bound in the :loyal McBee looseleaf binder for immediate use and the remaining twenty --five (25) copies shall. be unbound, but trimmed, holes drilled and individually banded for future use. Each of the twenty --five (25) looseleaf bound copies of the. Code shall contain lettering on the spine showing the official nau:a of the publication and the lettering shall be in pure gold. Wo The City may order additional binders from the Company, at any time within two (2) years following the date of the execution of this contract, at a price not: to exceed seven dollars and seventy-five cents ($7.75) per binder, when ordered in units of twenty-five (25). This price includes the cost of the lettering on the binder. 4. The City shall be given an opportunity to order reprints of any chapters included in the new Code, the price of such reprints to be determined after it is ascertained the number of pages in the -given chapter or chapters. ADOPTION OF CODE 1. On completion of the Code of Ordinances, the Company's Edi- tors will draft and will submit to the City Attorney an Ordinance that will serve -to effectively adopt officially the new Code of Ordinances. When this Ordinance is passed by the governing body, a copy thereof shall be sent to the Company so that the Company may prepare a sufficient number of copies thereof to accommodate all copies of the Code. SUPPLEMENTAL UPKEEP SERVICE 1. For a period of two (2) years following the completion of the Code proper, the Company will do the editorial work on and will multilith for the City fifty (50) copies of each supple- mental or replacement page at a price of twelve dollars and fifty cents ($12.50) per page. Each group of supplemental or replacement pages will be trimmed, with holes drilled so as to fit in the Royal McBee looseleaf binder, and individually banded. No Supplement will ever be prepared without the written authorization from the City Officials. At the end of the two-year period, the Company will discuss with the City -5- e .. lows: 1 Officials the matter of renewing the Supplement contract on. the same terms or revising the terms, upwards or downwards, dependent upon the then prevailing conditions. ORDINANCES TO BE FURNTSHED AND PAYMENT PROVISIONS The City of Tamarac, Florida, contracts and agrees as fol- 1. To furnish Michie City Publications Company with three (3) copies of the last published Code of the City, if any was ever published. The City shall also furnish the Company .with one (1) copy of each Ordinance and amendment of a general and permanent nature passed since the last Code was published, If copies of the Ordinances are not available, then the City shall send to the Company the Ordinance Books from which the Company shall take pictures of the Ordinances needed for. codification. The Ordinance Books then will be returned to the City, unmarked and undamaged, The City shall also send to the Company a copy of the City Charter, together with copies of amendments thereto. 2. To pay Mashie City Publications. Company for the work herein con- tracted for the sum of two thousand, four hundred ($2,400.00) f, dollars, which sum anticipates a Code not to exceed one hundred and fifty (150) multilith pages. For each page over one hundred and fifty (150), if any, the City agrees to pay the Company twelve dollars and fifty cents ($12.50) per page to cover the extra editorial work and the extra-multilith work. Any cuts or plates used in the multilithing of the Code, such as the reproduction of drawings, diagrams or emblems, or any tabular work, shall be paid for by the City. The moneys due the Company under this agreement shall be due and payable as follows: It is specifically understood and IBM agreed that no money shall be due and payable under this contract until the Company's Editors have done the editorial work of codifying, classifying and editing the Ordinances of a general and permanent nature and have assembled the basic editorial manu- script (exclusive of the general index), and have reviewed the manuscript with the City Attorney. After the City Attorney has reviewed the manuscript and has approved it and has released it to the Company for multil.ithing, there, there shall be due and payable to the Company the sum of one thousand ($1,000.00) dollars. The remaining moneys due the Company under this contract shall be due and payable upon the completion of all work herein contracted for and the delivery of the completed copies of the Code. 3. To .pay the delivery charges of the copies of the Code from Charlottesville, Virginia, to Tamarac, Florida. IN TESTIMONY WHEREOF, the said Michie City Publications Company, party of the first part, has caused this agreement to be executed in its name by its President and attested by its Secretary, and its corporate seal_ to be attached, all by order of its Board of Directors duly given, and the said City of 'Tamarac, Florida, party of the second part, has likewise caused this agreement to be executed in its name by its and attested by its City Clerk and its corporate seal to be attached, all by order of its governing body, this the day and year first above written. MICHIE I.Y 4PBIICAT ONS COMPANY ATTEST: B �` �, r(.� F Mg�7 President �n-2jjl Z j/ Secretary i i� T : City Clerk APPROVED A,S TO FORM: C i t t t0rnqy-.-___._ . . -7- CITY OF By