HomeMy WebLinkAboutResolution_44-01/02_05/16/2002•
RESOLUTION 44-01/02
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A PROFESSIONAL SERVICES PROPOSAL FROM
THE MUNICIPAL CODE CORPORATION, FOR THE LEGAL
REVIEW AND RECODIFICATION OF THE CODE OF
ORDINANCES OF THE VILLAGE OF TEQUESTA, IN THE
TOTAL BASE AMOUNT OF $12,350.00, WITH FUNDS BEING
APPROPRIATED FROM LINE ITEM 001 120 531.304 OVER TWO
YEARS, FY 01/02 AT $3,900.00 AND FY 02/03 AT $8,450.00.
NOW, THEREFORE, BE IT RESOLVED BY THE VH,LAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The proposal for the Legal Review and Recodification of the Code of
Ordinances of the Village of Tequesta with the Municipal Code Corporation is attached
hereto as Exhibit "A" and incorporated by reference as part of the Resolution, is hereby
approved.
The foregoing Resolution was offered by Councilmember V ~'1 ~~ ,
who moved its adoption. The motion was seconded by Councilmember
and upon being put to vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
V ~m (,~,,~~-
c,~~ _ ~~
The Mayor t~n declared the Resolution duly passed and adopted this 16th day of
May, A.D., 2002.
ATTEST: ,~~~ ~.~
Village Cl rk Mary Wolcott
or Geral i . Genco
•
ADDITIONAL COPY TO BE SIGNED AND RETURNED IF ACCEPTED
Professional Services Proposal
for
Tequesta, Florida
May 13, 2002
•
~ Municipal Code Corporation
•
Table of Contents
PROPOSAL
PART ONE - RECODIFICATION OF CODE
Page No.
(1) Ordinances Included ......................................... 1
(2) Legal Research and Review ............. ...................... 1
(3) Conference with Attorney .............. ...................... 1
(4) Conference Memorandum .............. ...................... 2
(5) Editorial Work ....................... ...................... 2
(6) Notice of Completion of Editorial Work ... ...................... 3
(7) Typesetting and Proofs ................ ......................3
(8) Index ............................... ......................3
(9) Printing and Binding .................. ...................... 3
(10) Code Furnished Electronically ........... ...................... 4
(11) Shipment, Adopting Ordinance .......... ...................... 5
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PART TWO -SUPPLEMENT SERVICE
(1) Ordinances to be Furnished by Village .......................... 6
(2) Schedule ................. .................................6
(3) Electronic Supplementation .. ................................. 6
(4) Editorial Scrutiny .......... ................................. 6
(5) Editorial Notes ............ ................................. 6
(6) Index and Tables .......... ................................. 6
(7) Instruction Sheet .......... .................................6
(8) Checklist ................. .................................7
(9) Graphics ................. .................................7
(10) Reprints ................. .................................7
(11) Sample Ordinance Service ... ................................. 7
(12) Update State Law References ................................. 7
(13) Analyzation of Code ....... ................................. 7
(14) Shipment; Distribution ...... ................................. 7
(15) Termination .............. .................................7
QUOTATION SHEET ................................................... 8
SIGNATURE PAGE ..................................................... 10
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• PROFESSIONAL SERVICES PROPOSAL
The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under
the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to research, edit, and
recodify the Code of the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation duly
organized and existing under state law, hereinafter referred to as the Village, according to the following
terms and conditions:
PART ONE
RECODIFICATION Off' THE CODE
(1) ORDINANCES INCLUDED. MCC will, under the supervision of the Village Attorney,
recodify the 1977 Code as supplemented. The Village may forward ordinances subsequently passed for
inclusion in the new Code until notice is received that the editorial work has been completed. We request
the ordinances be furnished electronically (diskettes, a-mail, CD-ROM, etc.) Though they may be
furnished in printed form.
(2) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the
Village Attorney. All recommendations are intended for use by the Village Attorney, and as such should
• not be considered legal advice to anon-attorney. Before the conference with the Village Attorney, MCC's
attorney will:
a) State Law. Research the Code and subsequent ordinances to be included in the new
Code against state law. This process will discover inconsistencies and conflicts with, and
preemptions by, the state law.
b) State Law References. Update all state law references and append new references as
necessary.
c) Charter. Research every ordinance to be included in the Code against the Village's
Charter. Conflicts and inconsistencies with, and preemptions by, the Charter will be
brought to the attention of the Village Attorney. The Charter will be analyzed against
state law and appropriate explanatory notes prepared. Amendments, if any, will be
incorporated into the Charter.
d) Internal Consistency. Research the provisions of the Code and subsequent ordinances to
determine if there are inconsistencies, conflicts or obsolete provisions.
(3) CONFERENCE WITH ATTORNEY. MCC's attorney will travel to the Village for a
conference with the Village Attorney and other interested officials. The following will occur at the
conference:
. a) Issues. Issues discussed will include all inconsistencies and conflicts discovered during
research, as well as obsolete provisions.
b) Solutions. Recommendations will be made regarding solutions to the issues discussed.
c) Implementation. Agreed upon solutions will be implemented with the help of MCC's
attorney. The Village Attorney has the ultimate decision making authority for solutions
and implementation.
d) Sample Ordinances. MCC has an extensive collection of Sample Ordinances.
Recommendations will be made regarding new legislation on specific subjects where
there is an obvious need. To facilitate this, the Village should request recommendations
on subjects of specific concern. This service can be continued through the Supplement
Service, see Sample Ordinance Service under Part Two of this proposal.
e) Organization. Organization can be reviewed with the Village providing comments,
criticisms or suggestions.
(4) CONFERENCE MEMORANDUM. Following the conference, MCC's attorney will draft
and submit a memorandum outlining the substantive changes, solutions and implementations agreed upon.
We recommend the proofs be reviewed in conjunction with the conference memorandum.
(5) EDITORIAL WORK. The manuscript will be prepared to include:
a) Proper Phraseology. Concise, modern and proper phraseology, without conflicts,
ambiguities and repetitious provisions.
• b) Chapter Arrangement. Each chapter of the new Code shall embrace all ordinances of
the same subject matter. Within the chapter itself, the ordinances shall be arranged in an
orderly and logical fashion, to include articles and divisions as necessary. Chapters and
sections will be reserved for future expansion. Title arrangement is also available and
can be discussed at the conference.
c) Table of Contents. This table will list the chapters, articles and divisions of the Code,
giving the page number upon which each begins.
d) Chapter Analysis. Each chapter of the new Code will be preceded by a detailed analysis
listing the articles, divisions, and sections contained therein.
e) Catchlines. Each section will be preceded by a catchline which shall reflect the content
of the section.
f) History Notes. A history note will be prepared for each section of the new Code unless
the section was added during the project. The note will indicate the source from which
the section is derived. If the section is derived from an existing Code, the appropriate
section of that Code will be cited, together with amendatory ordinances.
g) Cross References and Footnotes. Cross references will be prepared to tie together
related sections of the new Code. Proper explanation will also be made in the form of
footnotes to relevant provisions of the Code.
h) Charter References. Charter references will be prepared to tie together related sections
of the Charter and new Code.
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• i) Comparative Table. This table lists all ordinances included in the Code and indicates the
section in the previous Code from which it was derived; new ordinances are listed in
chronological and/or numerical sequence setting out the location of such ordinances in
the Code.
j) State Law Reference Table. This table lists by state law citation all sections carrying a
reference.
(6) NOTICE OF COMPLETION OF EDITORIAL WORK. MCC will notify the Village in
writing upon completion of all editorial work. No additional ordinances will be included in the Code
manuscript subsequent to such notice.
(7) PAGE COMPOSITION AND PROOFS. After generic coding has been inserted into the
text, the pages will be composed and MCC will submit one set of proofs to the Village for review. The
Village may make word changes on the proofs without charge. However, the Village will be charged for
changes or deletions constituting more than one page of type.
It shall be the duty of the Village to return the proofs, with any changes indicated thereon within
forty-five (45) days from the date of their receipt. If proofs are not returned within forty-five (45) days,
and no notice to the contrary is received by MCC, it will be assumed that no changes are to be made.
MCC will then proceed to print the Code and no changes shall thereafter be allowed.
• Should the Village request to review the proofs beyond forty-five (45) days but fail to return them
within five (5) months, the contract balance shall become due and payable. Upon mutual agreement
regarding time and compensation, MCC shall update the proofs before delivery of the printed Code.
MCC guarantees typographical correctness. Errors attributable to MCC will be corrected
throughout the term of the contract, without charge to the Village. MCC's liability for all services shall
extend only to the correcting of errors in the Code or future- supplements, not to-any acts or occurrences as
a result of such errors, and only so long as the contract is in effect.
(8) INDEX. After return of the proofs, but before printing, a comprehensive, general Index for
the Code will be prepared. An index will also be prepared for the Charter. All sections are indexed under
major subjects with appropriate section citations. Columnar citations are used to enhance the ease of
reference.
(9) PRINTING AND BINDING. When the proofs are returned by the Village, MCC will
proceed with printing and binding the Code in accordance with the following:
a) Copies. The number of copies desired by the Village will be printed on SO lb. white
offset paper.
b) Page Format. The page size will be consistent with the format chosen by the Village:
8'/z x 11 inches, single column or 8'/z x 11 inches, double column (samples attached).
• c) Type Size. Various type styles and sizes are available for text. MCC will publish the
Code in ten-point type, unless otherwise specified by the Village. Notice of such font
change must be given prior to the completion of the editorial work so that the impact
upon cost can be determined and discussed.
d) Tables and Graphics. Tables, drawings, designs, Algebra formulae, graphics, or other
materials that require special methods of reproduction or modification, will be charged as
set out on the Quotation Sheet. MCC will require an electronic file of the tables and
graphics included in the Code and/or a clean printed copy.
e) Binding. MCC will bind copies of the completed Code in expandable post binders with
slide lock fasteners. Covers will be imitation leather and available colors are black,
burgundy, blue, or green, with gold lettering (samples are available for viewing at
(www.municode.com). Other binder choices are available (D-ring and three-ring). Cost
may vary. Additional binders can be ordered at any time at the then current prices.
f) Separator Tabs. MCC will furnish separator tab sheets (Mylar tabs, printed both sides)
for the bound Codes. The tabs will reflect the major parts or chapters of the Code
volume.
g) Reprints of Chapters. Additional copies of specific chapters or portions of the Code,
e.g., Zoning Regulations or Police Manual containing selected sections, may be ordered
for binding in paper covers for separate distribution or sale. Prices will be furnished upon
• request.
(10) CODE FURNISHED ELECTRONICALLY. The Code can be furnished in a variety of
electronic formats as described below. All formats will be updated through the most recently published
ordinance in the printed Code. Formats include:
a) Folio BoundVIEWS. MCC will provide the new Code integrated with the Folio
BoundVIEWS software.
b) Code on the web. The Code will be included on MCC's web site (www.municode.com).
The site contains a collection of more than 1,000 local government Codes and is available
to anyone with Internet access. All Codes on the site are integrated with Folio web search
engine and amendments to the Code are incorporated as the book is updated. A link to
the Village's web site can also be provided.
c) Word processing format. The master database of the Code can easily be converted into
most of today's popular word processing formats, e.g., Word, WordPerfect, and RTF.
Alternatively, the Code can be provided in a generic text format such as ASCII.
d) Support and training. Telephone support for all of the above-mentioned programs is
available during working hours by calling our toll-free number (800-262-CODE). Most
problems are resolved in one call and this support is free of charge. Installing software is
easily accomplished by the Municipal IT staff, although MCC's support is available
• during installation, if needed. All of the above-mentioned programs are very intuitive
and typically do not require separate training, however, on-site training is available. A
written quotation will be provided upon request.
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• (11) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the project, MCC will ship
the Code as directed by the Village. At this time, MCC's attorney will furnish the Village with a suggested
adopting ordinance. Once the Code has been adopted, a copy of the ordinance should be sent to MCC, so
that it can be included in the Code as part of the first Supplement.
•
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•
PART TWO
SUPPLEMENT SERVICE
(1) ORDINANCES TO BE FURNISHED BY VILLAGE. The Village shall forward to MCC
copies of the ordinances upon final enactment by the Village. We request that the ordinances be furnished
electronically and we have established a special a-mail address lords@mail.municode.com) to receive e-
mailed ordinances. Printed copies are accepted.
(2) SCHEDULE. After shipment of the new Code MCC will keep the Code up-to-date by the
publication of Supplements which will contain newly enacted ordinances of a general and permanent
nature. Supplements can be published on a schedule to meet the requirements of the Village. A minimum
of thirty (30) working days will be required for delivery of a printed Supplement.
(3) ELECTRONIC SUPPLEMENTATION. If the Village has chosen to receive the Code in
electronic media, as set out in Part One of this agreement, MCC can provide the Supplements
electronically on a schedule to meet the Village's needs, e.g., monthly or bimonthly. The Village may
choose to have hard copy Supplements printed less frequently. The electronic media will reflect the entire
Code as updated through the most recent Supplement.
•
(4) EDITORIAL SCRUTINY. A member of MCC's editorial staff will study new ordinances in
conjunction with the existing provisions of the new Code. Pages of the Code containing provisions that
are specifically repealed or amended by ordinance will be changed to remove such repealed or amended
provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications
in the Code as the new ordinances are included, the Village will be notified so that remedial action may be
taken.
(5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new
sections as deemed necessary by the editor.
(6) 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 changed to include
the new entries.
The Comparative and State Law Reference Tables will be kept up-to-date to reflect the new
ordinances and state law citations, if any, included in each Supplement. The Table of Contents will also be
kept current to reflect changes in the Code.
(7) INSTRUCTION SHEET. Each printed Supplement will contain a page of instructions for
removal of obsolete pages and insertion of new pages. The latest ordinance included in the published
Supplement will be noted in boldface type on the Instruction Sheet.
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• (8) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the
benefit of the hard copy user. The checklist of up-to-date pages is a list of each page in the Code and the
most current supplement from which it is derived. The checklist allows instant determination of whether
the user is relying on a page reflecting current ordinances.
(9) GRAPHICS. Should the Supplement contain tables, drawings or graphics for which special
methods of reproduction or modification are required, the costs will be as set out on the Quotation Sheet.
(10) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code,
including appropriate index pages, can be kept up-to-date at the same time the Code volume is
supplemented.
(11) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will be
furnished upon request. A sample index will be furnished for use in requesting the desired sample
provisions.
(12) UPDATE STATE LAW REFERENCES. Due to the nature of Supplementation, the state
law references in a Code become outdated. MCC offers to update and add state law references at any time
during this contract. MCC would also update the State Law Reference Table. Accordingly, a more
• complete legal review can be provided. See paragraph (13) below.
The cost for the state law reference updating would be on an hourly basis, not to exceed a specific
number of hours as agreed upon by MCC and the Village.
(13) ANALYZATION OF CODE. At any time the Village may request information and a cost for
MCC to analyze the Code on achapter-by-chapter basis against the current state law. Written
recommendations will be submitted to the Municipal Attorney as to any Code changes deemed necessary
or desirable as a result of such analyzation. MCC's attorney will work with the Municipal Attorney in
drafting legislation as deemed necessary.
The cost for the analyzation and drafting services would be on an hourly basis, not to exceed a
specific number of hours as agreed upon by MCC and the Village.
(14) SHIPMENT; DISTRIBUTION. All supplements will be shipped to the Village for
distribution to the holders of the Codes. However, storage, distribution and billing services for outside
users are available through MCC's Distribution Services. Prices will be furnished upon request. The
Village will have the exclusive right to sell the Codes and Supplements unless otherwise agreed to by the
parties.
(15) TERMINATION. The Supplement Service provided under this Part Two will be in full force
and effect for a period of three (3) years from the date of shipment of the completed Code to the Village.
Thereafter, the Supplement Service will be automatically renewed from year to year, provided that either
party may alter or cancel the terms of this Part Two upon sixty (60) days' written notice.
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QUOTATION SHEET
PART ONE - RECODIFICATION:
(1) BASE COST, includes
a) Legal Review
b) Sample Ordinance Service
c) Conference with MCC Attorney
d) Conference Memorandum
e) Editorial Work
f) Typesetting and Proofs
g) Indexing
h) Printing and Binding
i. Number of copies
ii. Number of binders
iii. Number of sets of special order tabs
iv. Estimated pages (please choose desired format)'
[] 8'/z x 11 inches, single column
[] 8'/z x 11 inches, double column
(2) BASE COST DOES NOT INCLUDE:
a) Pages in excess of those listed above will
be billed as follows:
i. 8'/z x 11 inches, single column
ii. 8'/z x 11 inches, double column
b) Graphics, additional charge eachz
c) Freight charges (invoiced upon shipment)
d) State sales tax, if applicable
(3) ADDITIONAL SERVICES AVAILABLE:
a) Code integrated with Folio BoundVIEWS:
i. One license
ii. Each additional license
iii. Site license for up to 15 users
b) Code on the Internet, includes up to
four updates
beginning October 1, 2002, per year
c) Code formatted for word processing
d) Reprints of chapters
$12,350
50
50
50
600
425
$19
$23
$10
prepaid
no charge
$100
$1,500
$200
Quotation upon request
Quotation upon request
• lA page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages.
ZIf a graphic is larger than one page, the charge is then per page.
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(4) PAYMENT FOR RECODIFICATION. (May be scheduled through two
budget years.)
a) Upon signing of the contract $3,700
b) Upon completion of conference $2,900
c) Upon receipt of proofs $2,900
d) Balance upon delivery of Code.
PART TWO -SUPPLEMENT SERVICE
(1) NUMBER OF PRINTED COPIES 50
(2) SUPPLEMENT SERVICE, Cost per page
a) 8'/z x 11 inches, single column $19
b) 8'/2 x 11 inches, double column $23
c) Graphics, additional charge each3 $10
d) One set of updated electronic media, per Supplement $75
(cost in addition to regular Supplement per page charge)
e) Additional sets of updated electronic media, per set $75
(3) ELECTRONIC SUPPLEMENTATION (Costs include hard copy
supplements on a semiannual or annual basis)
a) Quarterly or bimonthly schedule, cost per page:
i. 8'/2 x 11 inches, single column $19
ii. 8% x 11 inches, double column $23
b) Monthly schedule cost per page:
i. 8'/2 x 11 inches, single column $24
ii. 8'/2 x 11 inches, double column $28
(4) SAMPLE ORDINANCE SERVICE -during the first year
following shipment of the Code No charge
(5) PAYMENT FOR SUPPLEMENT SERVICE
a) Payment for the Supplement Service will be due upon
receipt of an invoice. Supplements will be invoiced
when shipped.
b) Freight charges for the supplements will be prepaid and
invoiced at time of final billing.
•
3If a graphic is larger than one page, the charge is then per page.
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•
This proposal shall be valid for a period of ninety (90) days from the date appearing below.
Submitted by:
MUNICIPAL CODE CORPORATION
,~
}
Wi ess Pr ident/CEO
f: ,
May 13, 2002
Accepted by:
•
TEQUESTA, FLORIDA
Witness Title.
~rvtrr,~~ ~ G-~'~
Date
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