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HomeMy WebLinkAboutMunicipal Code Corporation Professional Services Proposal for Cape Canaveral, Florida June 4, 1992 C Municipal Code Corporation • • Table of Contents Page No. PROPOSAL: PART ONE - RECODIFICATION OF CODE (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 4 (9) Printing and Binding 4 (10) Magnetic Media 4 (11) Shipment, Adopting Ordinance 5 PART TWO - LOOSELEAF SUPPLEMENT SERVICE (1) Schedule 5 (2) Ordinances to be Furnished by Municipality 5 (3) Editorial Scrutiny 5 (4) Editorial Notes 5 (5) Index and Tables 5 (6) Instruction Sheet 6 (7) Checklist 6 (8) Tabular Matter 6 (9) Magnetic Media 6 (10) Reprints 6 (11) Sample Ordinance Service 6 (12) Shipment 6 (13) Termination 6 QUOTATION SHEET 7 SIGNATURE PAGE 9 ATTACHMENTS: MCC Qualifications Sample Pages ii • 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 CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation duly organized and existing under state law, hereinafter referred to as the Municipality, according to the following terms and conditions: PART ONE RECODIFICATION OF THE ORDINANCES (1) ORDINANCES INCLUDED. MCC will, under the supervision of the Municipality's attorney, recodify the existing Code. The Municipality may forward ordinances subsequently passed for inclusion in the new Code until notice is received that the editorial work has been completed. (2) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the Municipality's attorney. Before the conference with the Municipality's 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) Case Law. Research the provisions of the Code against federal and state appellate case laws as reported in Shepard's. Any judicial decision specifically affecting the validity of an ordinance included herein shall be called to the attention of the Municipality's attorney. (d) Charter. Research every ordinance to be included in the Code against the Municipality's Charter. Conflicts and inconsistencies with, and preemptions by, the Charter will be brought to the attention of the Municipality's attorney. The Charter will be analyzed against state law and appropriate explanatory notes prepared. Amendments, if any, will be incorporated into the Charter. (e) Internal consistency. Research the provisions of the Code and subsequent ordinances to determine if there are inconsistencies or conflicts between existing laws and obsolete provisions. (3) CONFERENCE WITH ATTORNEY. MCC's attorney will travel to the Municipality for a conference with the Municipality's attorney and other interested officials. The following will occur at the conference: 1 (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 Municipality's attorney has ultimate decision making authority for solutions and implementation. (d) Specific subjects. Recommendations will be made regarding new legislation on specific subjects where there is an obvious need. To facilitate this, the Municipality should request recommendations on subjects of specific concern. (e) Organization. Organization can be reviewed with the Municipality 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. This memorandum is extremely useful upon receipt of the proofs; it is recommended 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, sections and page numbers will be reserved for future expansion. Title arrangement is also available and will 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. 2 • (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, as supplemented, 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. (i) Comparative table. This table lists all ordinances included in the Code in chronological and/or numerical sequence, setting out the location of such ordinances in the Code. A table will also be prepared setting out all sections of the prior Code included in the new Code as well as those that are omitted. (j) Tables of special ordinances. In lieu of setting out in full, MCC offers to prepare separate tables listing the special ordinances, such as franchises and annexations, by date and subject matter for ease of reference. (k) Schedule of permit fees and charges. MCC will assist in developing a schedule of permit fees and charges which may be included as an appendix to the Code. (1) State law reference table. This table will list by state law citation all sections carrying a reference. (6) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all editorial work, MCC will notify the Municipality in writing that the Code manuscript is ready for typesetting and printing. No additional ordinances will be included in the Code manuscript subsequent to such notice. (7) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the Municipality for review. The Municipality may make word changes on the proofs without charge. However, the Municipality will be charged for changes or deletions constituting more than one page of type. 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. 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. MCC's policy guarantees typographical correctness for an indefinite time. Errors attributable to MCC will be corrected at any time, without charge to the Municipality. 3 (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, if included in the Code. 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 Municipality, MCC will proceed with printing and binding the Code in accordance with the following: (a) Copies. The number of copies desired by the Municipality will be printed on 50 lb. white offset paper. (b) Page format. The page size will be consistent with the format chosen by the Municipality. Formats available are 8-1/2 x 11 inches, single column, and 8-1/2 x 11 inches, double column (samples attached). (c) Type size. The Municipality may choose the type size desired for the text and index of the new Code volume. (d) Special material. Tables, drawings, designs, Algebra formulae, or other material for which engraved cuts or special methods of reproduction, will be charged as set out herein. (e) Binding. MCC will bind copies of the completed Code in expandable post type binders, each with slide lock fasteners and with imitation leather covers stamped in gold leaf (color choices available). Any unbound copies of the Code will be punched and wrapped separately for storage and eventual binding by the Municipality. Additional binders can be ordered at any time by the Municipality 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 divisions or chapters of the Code volume. (g) Reprints of chapters. Additional copies of specific chapters may be ordered for binding in paper covers for separate sale or distribution by the Municipality. Prices will be furnished upon request. (10) MAGNETIC MEDIA. MCC can provide the Code on magnetic media. We recommend Socrates, our text search and retrieval software, which is integrated with the Code. The three main benefits of Socrates are: (a) Integrity of the data is guaranteed. MCC has the sole ability to amend the version of the Code on which Socrates operates. Thus inadvertent and malicious degradation of the Code's language is prevented. 4 • (b) Easy "exportation" of language to your word processing for drafting and amendatory purposes. Utilizing your existing word processing program eliminates learning new editing commands and allows new ordinances to follow existing procedures. (c) Questions can be asked in "plain English;" you don't have to be a programmer to use Socrates. The new Code can also be provided in ASCII or WordPerfect 5.1, though MCC warrants only the integrity of the data on the disk sent to the Municipality by MCC. (11) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship the Code books to the Municipality. At this time, MCC's attorney will furnish the Municipality 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. PART TWO LOOSELEAF SUPPLEMENT SERVICE (1) SCHEDULE. After shipment of the new Code MCC will keep the Code up-to- date by the publication of Looseleaf Supplements which will contain the new ordinances of a general and permanent nature enacted by the governing body. The Supplements 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 will be required for delivery of a Supplement. (2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall forward to MCC copies of the ordinances upon final enactment by the Municipality. The ordinances may be furnished on diskettes, if available. If diskettes are provided by the Municipality, it is also requested one copy of each ordinance be furnished for verification purposes. (3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of MCC's editorial staff in conjunction with the existing provisions of the new Code. The pages of the Code containing provisions that are specifically repealed or amended by ordinance will be reprinted 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 Municipality will be notified so that remedial action may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the editor. (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. 5 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. (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) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the benefit of the user. The checklist of up-to-date pages will allow instant determination of whether the user is relying on a page reflecting current ordinances. (8) TABULAR MATTER Should the Supplement contain tables, drawings and the like for which special typesetting or other methods of reproduction are required, the costs will be charged as set out herein. (9) MAGNETIC MEDIA. If the Municipality has chosen to receive the Code on magnetic media, as set out in Part One of this agreement, the magnetic media delivered after supplementation will reflect the entire Code as updated through the most recent Supplement. (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. (Optional) Sample provisions of specific subjects will be furnished upon request. A sample ordinance index will be furnished for use in requesting the desired sample provisions. (12) ANNUAL STATE LAW REVIEW; REPORT. MCC 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. If an extensive legal review of the Code is required based on massive state law changes, this review will be as provided below. (13) ANALYZATION OF CODE. At the request of the Municipality and at a cost to be agreed upon in advance, MCC 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. 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 Municipality. (14) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the holders of the Codes. However, storage, distribution and billing services are available. Prices will be furnished upon request. The Municipality will have the exclusive right to sell the Codes and Supplements. 6 (15) TERMINATION. The Looseleaf Supplement Service provided under this Part Two will be in full force and effect for a period of five (5) years from the date of shipment of the completed Code to the Municipality and 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. 7 QUOTATION SHEET (A) RECODIFICATION: (1) Total Cost $16,800 (2) Total Cost includes: (a) Legal Review (b) Conference with Attorney (c) Sample Ordinance Service (d) Conference Memorandum (e) Editorial Work (f) Typesetting and Proofs (g) Indexing (h) Special order tabs in bound copies (i) Printing and Binding (i) Number of copies 75 (ii) Number of binders 50 (iii) Please choose desired format' [] 8-1/2 x 11 inches, single column [] 8-1/2 x 11 inches, double column (3) Total Cost does not include: (a) Tabular matter, additional per page $10 (b) Magnetic media: Socrates, single user ASCII or WordPerfect $250 (c) Freight charges prepaid invoiced upon shipment. (B) LOOSELEAF SUPPLEMENT SERVICE (1) Annual fee for Supplements none (2) Number of copies 75 'A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. 8 • (3) Cost per page (a) 8-1/2 x 11 inches, single column $18 (b) 8-1/2 x 11 inches, double column $22 (c) Tabular matter, additional per page $10 (d) Updating magnetic media, additional per page $1.50 (4) Sample Ordinance Service .(Optiona11 (a) Up to 100 pages, per annum $180.00 (b) Over 100 pages, per page $0.50 (C) PAYMENT (1) Upon signing of the contract $2,500 (2) Upon completion of the conference $5,050 (3) Upon receipt of proofs $5,050 (4) Balance upon delivery of Code. (5) Payment for the Looseleaf Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. (6) Freight charges will be prepaid and invoiced at time of final billing. j c- ot__Ck A J 9 to LS : 60 t—90—01761 IlOcA 100 D000 -NdloiNnw The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Municipality. Submitted by: MUNICIPAL CODE CORPORATION • hip/VA-LC- V- Witness eCtAWItr/14 I resident June 4, 1992 Accepted by: CAPE CANAVERAL, FLORIDA • /1/* • • (1 _5--Q(L Z-IC Faith G. Miller, ' Clerk J,' *IF Salamone, Mayor June 16, 1992 Date 10 QUALIFICATIONS BACKGROUND For the last 41 years Municipal Code Corporation has engaged exclusively in editing and publishing Codes for cities and counties of all sizes throughout the United States. MCC has published and supplemented more Codes which are in current use than any other codifier in the Country. This experience enables us to offer you the finest services available. (1) Business location: 1700 Capital Circle, SW Tallahassee, FL 32304 1-800-262-2633 or 904-576-3171 (2) Incorporation Date: March 1951 (3) Current Code accounts serviced: 2,000 (4) Project contact persons: Bill Carroll, Vice President - Codes Becky DeNeve, Vice President - Electronic Publishing LAW EDITORIAL STAFF George R. Langford, LL.B., University of Virginia; 41 years' experience in editing and publishing city and county Codes; Chairman of the Board. A. Lawton Langford, B.A., Vanderbilt University; M.B.A., J.D., Florida State University; Member of Florida Bar; President. William James Carroll Jr., B.S., Penn State University; J.D., Florida State University; 18 years' experience in editing city and county Codes; Member of Florida Bar; Vice President of Code Department. Milt Lefkoff, A.B., Stanford University; J.D. University of Georgia; 22 years' experience in legal editing; Member of Georgia Bar. James S. Vaught, B.A., J.D., Florida State University; 21 years' experience in editing city and county Codes; Member of Florida Bar. Roger D. Merriam, B.A., Mercer University; J.D., Emory University; 18 years' experience in editing city and county Codes; Member of Florida Bar. Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; 10 years' experience in editing city and county Codes; Member of Florida Bar. Jan N. Shekitka, B.A., Wofford College; J.D., University of Miami (Florida); 8 years' experience in editing city and county Codes. H. Palmer Carr, B.A., J.D., Mercer University; 10 years' legal experience in private practice and public service; 4 years' experience in editing city and county Codes; Member of Georgia Bar. Allen Zachary Paul, B.A., University of Oklahoma; M.S., Ph.D., J.D., Florida State University; over 5 years' experience in general, civil and administrative law; 4 years' experience in editing city and county Codes; Member of Florida Bar and American Bar Association. Mary Rose DiMarco, B.A., Westfield State College; J.D., Loyola University, New Orleans; 2 years' experience in editing city and county Codes. SUPPORT PERSONNEL MCC's law editorial staff is supported by a full complement of assistants, clerks, etc. In addition, MCC maintains a full-time proofreading department with a captive printing plant which prints Codes and Supplements to meet the contractual requirements of MCC. All facilities are located on our premises, which enables us to control each project from beginning to end with no part being subcontracted. Key personnel are available to answer questions during any phase of the project and to assure quality control in all aspects of publication. The entire staff, including the printing operation, consists of approximately 150 employees, including 11 attorneys, 17 editors, and 46,000 square feet of floor space.