HomeMy WebLinkAboutCity of Tamarac Resolution R-86-449Introduced by: �L�1 Temp. Reso. #437.5
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CITY OF TAMARAC, FLORID/A�
RESOLUTION NO. R-86--9
A RESOLUTION APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE MUNICIPAL CODE CORPORA-
TION AND THE CITY OF TAMARAC, PERTAINING TO
CODIFICATION OF THE MUNICIPAL CODE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
T That the City Council of the City of Tamarac
hereby approves an Agreement between the City of Tamarac and
the Municipal Code Corporation, pertaining to
codification of the municipal code, attached hereto and made
a part hereof as Exhibit "A";
,SECTION 2: That the appropriate City Officials are
hereby authorized to execute said Agreement.
SECTION__: This Resolution shall become effective
immediately upon adoption.
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PASSED, ADOPTED AND APPROVED thisZO.'day 1986.
Y BERNARD AR
MAYOR
ATTEST:
LARRY PERRETTI MAYOR: HART
ACTING CITY CLERK
DIST, 1: C/W MASSARO
I HEREBY CERTIFY that I have DIST. 2: V/M STELZER
approved the form and correct- DIST. 3: C/M GOTTESMAN
ness of this RESOLUTION. DIST. 4: C/M^STEIN _..^
A. BRY NT APPLE TE,
CI T ATTORNEY
11012/rms
1l
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PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT made and entered into this ��, day of �'�19 �G, by and
between the MUNICIPAL CODE CORPORATION, a corporation duly organized and existing under
the laws of the State of Florida, hereinafter referred to as the Corporation, and the CITY
of TAI+MARAC , a municipal corporation duly organized and existing under the laws of the
State of Florida , hereinafter referred to as the Municipality.
WITNESSETH: That the Corporation shall prepare and publish a Code of Ordinances for the Munici-
pality in accord with the terms and conditions of the Corporation's proposal dated the 15th day of
October , 1986 , a copy of which proposal is attached hereto and made a part hereof. It is
expressly agreed by the parties hereto that the terms and conditions of said proposal shall have the same
effect as if set out at length in this agreement, with the following exceptions or additions:
NONE
IN TESTIMONY WHEREOF, the Corporation has caused this agreement to be executed by the
signing of its authorized officers and affixing of its corporate seal, and the Municipality has caused this
. agreement to be executed by the signing of its authorized officers and the affixing of its corporate seal,
this day and year first written above.
ATTES .
(SEAL) Secretary
ATTES
CTZ ��? J�ji_
(S 0 / '7- y 1W (Title)
APPMED AS TO F RM:
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iAt_r
MUNIC AtCODE CORP ATION
By r
President
TAMARAC, FLORIDA /,'
y -1zy
' 4,; 7, e f y° /e (Title)
s
CITY OF TAMARAC
APPRO EETING OF
"� City Clerk
Proposal for: CODIFICATION OF ORDINANCES
To: TAMARAC& FLORIDA
Submitted by: MUNICIPAL CODE CORPORATION
The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under
the laws of the State of Florida, hereinafter referred to as the Corporation, hereby offers to
edit and codify the ordinances and publish a new Code of Ordinances for the CITY Qr-
TAMARAC , a municipal corporation duly organized and existing under the laws of the
State of Florida , hereinafter referred to as the Municipality, according
to the following terms and conditions:
PART ONE
The Corporation will, under the supervision of the Attorney for the Municipality:
(1) ORDINANCES INCLUDED. Classify, edit and codify the ordinances of a general and
permanent nature passed in final form by the Municipality as of the date of any contract
entered into pursuant to this proposal; provided, however, that the Municipality may forward
to the offices of the Corporation all ordinances passed subsequent to said date for inclusion in
the new Code up to the time of notice of completion of the editorial work provided for in
Paragraph (7) of this Part. In the event the Municipality has a Code now in effect, the
provisions of such Code and ordinances adopted subsequent to the last ordinance. included
therein will constitute the material to be used in performing the work provided for herein. The
term "ordinances," as used herein, shall be deemed to include such existing Code.
(2) ANALYZATION AND EDITING. Analyze and edit the ordinances referred to in
Paragraph (1) above so that the provisions of the new Code will be expressed in concise,
modern and proper phraseology, without conflicts, ambiguities and repetitious provisions.
Material changes resulting thereby shall be submitted to the Attorney for the Municipality
for consideration and approval.
The editorial process shall include the following:
(a) Chapter Arrangement. Each chapter of the new Code shall be all-inclusive and shall
embrace all ordinances dealing with the subject matter of that chapter, and within the
chapter itself, the ordinances shall be arranged in an orderly and logical fashion.
(b) Catchlines. Preparation of a catchline for each section, which catchline shall reflect
the content of the section.
(c) History Notes. Preparation of a history note for each section of the new Code, which
note will indicate the source from which the section is derived.
(d) State Law. The ordinances will be checked against the corresponding provisions of the
general laws of the State which have been codified and any conflicts or inconsistencies
revealed thereby will be called to the attention of the Attorney for the Municipality.
(e) Appellate Court Decisions. The reported decisions of the federal and state appellate
courtsTpecifically relating to the ordinances of the Municipality will be "Shepardized"
and any such decision affecting the validity of any such ordinance will be called to the
attention of the Attorney for the Municipality.
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(f) Footnotes and Cross References. Prepare editorial footnotes and cross references
which tie together related sections of the new Code. Proper reference will also be made
in the form of footnotes to relevant provisions of the state law. (See Paragraph 11(b).)
(g) Omission of Obsolete Provisions. The Attorney for the Municipality will be in-
formed of obsolete, outmoded, or unnecessary provisions which should be omitted from
the codification.
(3) CHARTER. If the Municipality operates under a special Charter granted by the state
legislature or adopted by the people, the Corporation will compile and edit such Charter by
working all amendments into their proper places and preparing explanatory notes, where
necessary, to facilitate usage of such Charter and include the Charter in the new Code. The
ordinances will be checked against the Charter and any conflicts or inconsistencies revealed
thereby will be called to the attention of the Attorney for the Municipality.
(4) NEW PROVISIONS. The Corporation will, during the course of the editorial work,
make recommendations for new provisions where, in its opinion, there is an obvious need for
legislation on specific subjects. However, since the need for such new provisions is of a local
nature and varies from municipality to municipality, the Corporation will rely, primarily,
upon the Municipality to request specific recommendations as to new provisions. All recom-
mended provisions must be approved by the Attorney for the Municipality.
(5) EDITORIAL CONFERENCE. All editorial work will be performed in the offices of the
Corporation in Tallahassee, Florida. Upon completion of the basic editorial research, the
supervising editor in charge of the Code will conduct an editorial conference with the Attor-
ney and other officials in TAMARAC . All changes and recommendations will be
made known at this time and the Municipality will be free to make changes and alterations at
this conference and the Corporation will be charged with the duty of carrying out all such
desired changes.
(6) CONFERENCE MEMORANDUM. Following the editorial conference, a memoran-
dum will be submitted to the Attorney for the Municipality outlining the substantive changes
in the ordinances which were agreed upon at the conference.
(7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all edito-
rial work, the Corporation will notify the Municipality in writing that the Code manuscript is
ready for typesetting and printing. No ordinances will be included in the Code manuscript
subsequent to such notice.
(OPTIONAL) (8) PROOFS. After the entire Code is set in type, the Corporation will submit one (1) full
set of proofs to the Municipality for review. The Corporation assumes the responsibility of
proofreading and typographical correctness. The Municipality may make word changes on the
proofs without charge. However, should the Municipality delete lines, entire sections, articles
or chapters constituting more than a page of type, the Municipality will be charged for such
deleted type at the per page rate as provided in Part Two, Paragraph (2).
It shall be the duty of the Municipality to return the proofs, with the changes indicated
thereon, within forty-five (45) days from the date of their receipt by the Municipality. If the
proofs are not returned within said forty-five (45) days, and if the Municipality does not,
within said forty-five (45) days, notify the Corporation of the date upon which the proofs will
be returned, it will be assumed that no changes are to be made and the Corporation will
proceed toyrint the Code and no changes shall thereafter be made in its content.
(9) PRINTING. When the proofs are returned by the Municipality or, in the event they are
not returned, at the expiration of forty-five (45) days after their receipt by the Municipality or
. on the date specified by the Municipality in the notice referred to in Paragraph (8) above, the
Corporation will proceed to print the Code in accord with the following:
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(a) The text of the Code in ten -point type with boldface catchlines;
(b) The Index in eight- or ten -point type, depending on the page format;
(c) The editorial notes and cross references in eight- or ten -point type with boldface headings;
(d) The specified number of copies of the Code, as set out in Part Two hereof, on 50 lb.
Miami Book Paper, or its equivalent;
(e) The page size shall be as provided in Part Two, Paragraph (2). (Samples attached.)
(10) INDEX. A comprehensive, legal and factual general Index for the Code will be pre-
pared and inserted in the completed Codes. An Index will also be prepared for the Charter, if
included in the Code.
(11) TABLES. The following Tables will be prepared for the new Code:
(a) Table of Contents. This Table will list the chapters, articles or divisions of the Code,
giving the number of the page upon which each begins.
(b) Comparative Table. This Table will list all ordinances included in the Code in
chronological and/or numerical sequence, setting out the location of such ordinances in
the Code. If a prior Code of the Municipality is utilized, a Table will be prepared setting
out all sections included in the new Code and their location, and the Ordinance Table
referred to herein will be limited to ordinances adopted subsequent to the most recent
one included in the prior Code.
(c) Statutory Reference Table. All state law citations set forth in the Code will be listed
together with their location in the volume.
(12) TABULAR MATTER. In the event the manuscript for the Code should contain
tables, drawings, designs, Algebra formulae and the like for which either engraved cuts or
special methods of reproduction are required, the cost of such engravings or tabular matter
will be additional to the costs as provided in Part Two, Paragraph (2). However, there is no
additional charge for index pages or pages containing tables referred to in Paragraph (11)
above.
(13) BINDING. The Corporation will bind copies of the completed Code in mechanical
post -type binders, each with slide -lock fasteners and with imitation leather covers stamped in
gold leaf, as provided in Part Two, Paragraph (2) hereof. The unbound copies of the Code, if
any, will be punched and wrapped separately for storage and eventual binding by the Munici-
pality. Additional binders can be ordered at any time by the Municipality, at the then current
prices.
(14) SEPARATOR TABS. The Corporation will furnish, without additional charge, sepa-
rator tabs for the major portions of the Code for all copies housed in mechanical looseleaf
binders. The tabs furnished will be in the standard format utilized by the Corporation. Special
order tabs are also available.
(15) SHIPMENT. Upon completion of all of the work provided above, the Corporation will
ship the Code to the Municipality. At this time, the Corporation will furnish the Municipality
with a suggested form of an ordinance adopting the new Code. Once the Code has been
adopted, a copy of the ordinance should be sent to the Corporation, so that it can be included in
the Code.
(16) REPRINTS OF CHAPTERS. Additional copies of specific chapters or any portion of
the Code may be ordered for printing binding in paper covers for separate sale or distribution
by the Municipality. Prices will be furnished upon request.
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PART TWO
The Municipality will:
(1) COPIES OF MATERIAL. Furnish the Corporation for its use in the preparation of the
Code, either typed or printed copies of the Charter, if any, and all amendments thereto, and
all ordinances of a general and permanent nature passed in final form. In the event of an
existing Code, three copies thereof will be furnished the Corporation, together with one copy
of each general and permanent ordinance adopted subsequent to the most recent ordinance
included in such Code.
(2) COSTS. Pay the Corporation for the work of editing, printing and binding as herein
provided as follows:
TWENTY—THREE THOUSAND DOLLARS ($23,000.00)
The above sum is based on the followings
(a) One hundred (100) copies of the Code=
(b) One hundred (100) mechanical looseleaf
binders, including special order tabs;
(c) The following number of pages, based
. on the option chsoen by the City:
Format Number o! Pa es Excess Pages w
Cost Per Page
1. 8-1/2 x 11 inch,
single column page 700 $30.00
2. 8-1/2 x 11 inch,
double column page 500 40.00
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For the purposes of this Part Two, a page is hereby defined as the area on one (1) side of a
sheet of paper. A sheet contains two (2) pages.
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(3) PAYMENT. Money due hereunder shall be due and payable as follows: •
(a) Upon signing of the contract ....................................... $ 4 , 5 0 0.0 0
(b) Upon completion of the editorial conference ......................... 7,500.00
(c) Upon completion of typesetting phase, .............................. 7 0, 500 - p0
or October 15, 1987, whichever is later.
(d) Balance upon final delivery of the completed Codes to the Municipality.
(4) FREIGHT CHARGES. The above costs do not include freight charges. The Municipal-
ity shall pay all freight charges. The shipment will be forwarded prepaid and invoiced to the
Municipality at the time of final billing.
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• PART THREE
LOOSELEAF SUPPLEMENT SERVICE
(1) SCHEDULE. After shipment of the new Code as herein provided, the Corporation shall
maintain the same up to date by the publication of Looseleaf Supplements containing the new
ordinances of a general and permanent nature enacted by the governing body. The Supple-
ments can be published on a schedule to meet the requirements of the Municipality. There is
no additional charge for frequent publication. A minimum of thirty (30) working days shall be
required for delivery of a Supplement.
(2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. It is requested that the
ordinances be forwarded to the Corporation promptly following enactment by the Municipal-
ity for recording and processing.
(3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of the
editorial staff of the Corporation in conjunction with the existing provisions of the new code
for the purpose of determining if any provisions of the basic Code are repealed, amended or
superseded. The page or pages of the Code containing provisions that are specifically repealed
or amended by ordinance shall be reprinted or printed to remove such repealed or amended
provisions and to insert the new ordinances. Should the Corporation detect conflicts, inconsis-
tencies or duplications in the Code as the new ordinances are enacted, notification will be
made to the Attorney for the Municipality so that remedial action by the Municipality may be
taken.
(4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to
the new sections as deemed necessary by the Corporation.
(5) INDEX AND TABLES. When the inclusion of new material necessitates changes in
the Index, appropriate entries will be prepared and the necessary pages of the Index will be
reprinted to include the new entries. The Comparative and State Law Reference Tables will
also be kept up to date by listing the ordinances and state law citations, if any, included in
each Supplement, together with their disposition in the Code. The Table of Contents will also
be kept current to reflect changes in the Code volume.
(6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for
removal of the obsolete pages and insertion of the new pages. The latest ordinance included in
the published Supplement will be noted in boldface type on the Instruction Sheet.
(7) COSTS. The Corppoqration will prepare the ordinances editorially and print
one hundred (10 0) copies of each Sup lenient for the sum of.
opt. 1, 8-1 2 x 11 inch single column page: 71849 _ per page.
t. 2, 8-1/2 x 11 inch double column page: $26.00 per page.
For the purpose of this Part Three, a page is hereby defined as the area on one (1) sit of a
sheet of paper. A sheet contains two (2) pages.
(8) TABULAR MATTER. The costs provided in Paragraph (7) above are based on a page
containing type for ordinary composition. Should the Supplement contain tables, drawings
and the like for which special typesetting or other methods of reproduction are required, the
costs of such engravings or tabular matter will be additional to the costs as provided above.
However, there is no additional charge for Index or Comparative and State Law Reference
0 Table pages.
(9) FREIGHT CHARGES. The Supplements will be shipped to the Municipality, for
distribution to the holders of the Codes. The shipment will be prepaid and invoiced at the time
of final billing. The Municipality shall have the exclusive right to sell the Codes and Supplements.
(10) PAYMENT. All money due the Corporation for the publication of the Looseleaf
Supplements will be due and payable within thirty (30) days after the date the Municipality is
invoiced for the same by the Corporation, without interest.
(11) TERMINATION. The Looseleaf Supplement Service provided under this Part Three
shall be in full force and effect for a period of one (1)year(* from the date of shipment of
the completed Codes to the Municipality and shall be automatically renewed from year to
year, provided that either party may alter or cancel the terms of this Part Three upon sixty
(60) days' written notice.
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(12) ANNUAL STATE LAW REPORT. The Corporation will review annually the
state law changes and submit a report to the Municipal Attorney of any changes
which may affect local government Codes generally. There shall be no charge for
this report.
(13) ANALYZATION OF CODE. At the request of the Municipality and at a
cost to be agreed upon in advance, the Corporation will analyze the Code on a
chapter -by -chapter basis against the current state law, and submit written
recommendations to the Municipal Attorney as to any Code changes deemed
necessary or desirable as a result of such analyzation.
(14) SAMPLE PROVISIONS. Sample provisions of specific subjects will be
furnished upon request.
The terms of this proposal shall remain in force and effect for a period of ninety (90) days
from the date appearing herein.
We at MUNICIPAL CODE CORPORATION appreciate the opportunity of submitting this
proposal and sincerely hope that its terms are acceptable.
Attachments:
Sample Pages
Respectfully submitted,
UNICI AL
1
A. La on
President
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CO E CORPO AT N
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Langfo
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