HomeMy Public PortalAboutJune 7, 1991Municipal
Code
Corporation
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JJ CapiLtl CITRIC, SAV
iellahas:ae. FL52310
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-Y2 CODE Flonda\
May 20, 1991
Ms. Rita Taylor
Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Dear Ms. Taylor:
�' .L
Thank you for your letter of April 24 and enclosures. Pursuant thereto, and to your
telephone conversations with Gloria Jacobs, we are pleased to enclose our updated
professional services proposal for consideration.
I. MCC Qualifications
MCC utilizes a full-time staff of attorneys, thoroughly experienced in codification work
and capable of rendering the very best services available to a town or county.
This staff is supported by a full complement of assistants, clerks and proofreaders. All
facilities are located on our premises, which enables us to control each project from
beginning to end, with no part being subcontracted. MCC's attorney assigned to your
Code is available should questions arise during the publication process.
II. The Project
The primary purpose of a recodification project is the review of the existing Code and
subsequent ordinances in conjunction with the current state statutes and court
decisions, to eliminate obsolete provisions, duplications and inconsistencies. All
findings would be discussed in detail at the editorial conference. The approved
changes would be implemented by MCC's law editor by revising and rewriting fhe
necessary provisions of the Code.
Our publications reflect the professional quality and style of a legal publication. In
addition, the volume is designed for looseleaf supplementation on a page -for -page
substitution basis.
Please keep in mind payment for the recodification project has been scheduled
through two (2) budget years, as provided on the Quotation Sheet.
Ms. Rita Taylor
May 20, 1991
Page 2
111. The End Result
The end result is a Code of Ordinances tailored to meet your specific requirements for today and
designed for expansion to meet the needs of tomorrow.
If you have any questions or desire additional information, please do not hesitate to contact us on
our toll free number.
We appreciate your interest and would like the opportunity to be of service to you and the Town of
Gulf Stream. We look forward to hearing from you in the above regard.
ALLJssb
enclosures
Sincere ,
4.
A. Law n Ungfor
President
Professional Services Proposal
for
Gulf Stream, Florida
May 20, 1991
Municipal Code Corporation
1.
Il.
Table of Contents
Page No.
MCC QUALIFICATIONS.............iii
.....................
PROPOSAL ............................................ 1
PART ONE - RECODIFICATION OF CODE
(1) Ordinances Included ............................ 1
(2) Legal Research and Review ....................... 1
(3) Conference with Attorney ........................ 2
(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 ............................ 4
(10) Magnetic Media ............................... 4
(11) Shipment, Adopting Ordinance ..................... 4
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 ............................... 5
(7) Checklist .................................... 5
(8) Tabular Matter ................................ 5
(9) Reprints ..................................... 6
(10) Sample Ordinance Service ........................ 6
(11) Annual State Law Report ........................ 6
(12) Analyzation of Code ............................ 6
(13) Shipment .................................... 6
(14) Termination .................................. 6
QUOTATION SHEET .................................... 7
SIGNATURE PAGE ..................................... 9
ATTACHMENT:
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 TOWN OF GULF STREAM, 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 as updated through the Zoning Ordinance and amendments.
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.
1
(3) CONFERENCE WITH ATTORNEY. (OPTIONAL)' 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:
(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. (OPTIONAL) 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, modem 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.
(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.
'If the Municipality chooses to forego the Conference with Attorney, an editorial
memorandum will be prepared upon completion of the legal review. This memorandum will set
forth the major substantive changes and recommendations in the ordinances.
2
(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, 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) State law reference table. This table will fist 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.
(8) INDEX. After return of the proof's, but before printing, a comprehensive, general
index for the Code will be prepared. An index will also be prepared for the Charter.
3
(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
Ib. white offset paper.
(b) Page format. The page size will be consistent with the format, chosen by the
Municipality. Formats available are 6 x 9 inches, 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. The magnetic media for the new Code will be available after
completion of the Code. The magnetic media available is 3-1/2 inch diameter disks, double sided,
double density, 720 KB; 3-1/2 inch diameter disks, double sided, high density, 1.44 MB; or
5-1/4 inch diameter disks, double sided, double density, 360 KB. All disks are formatted for
DOS 3.3 (Disk Operating System), with data in ASCII or WordPerfect 5.1. The magnetic media
delivered after supplementation will reflect the entire Code as updated through the most recent
Supplement.
(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.
4
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 will
forward to MCC the ordinances to be used in the supplement service. It is suggested that the
ordinances be forwarded immediately following enactment by the Municipality for recording and
processing.
(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.
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.
W
(9) 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.
(10) 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.
(11) ANNUAL STATE LAW 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. There shall be no charge for this report.
(12) 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.
(13) 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.
(14) 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.
N
QUOTATION SHEET
(A) RE CODIFICATION:
(1) Base Cost $7,000
(2) Base Cost includes:
(a) Legal Review
(b) Editorial Work
(c) Typesetting and Proofs
(d) Indexing
(e) Special order tabs in bound copies
(f) Printing and Binding
(i) Number of copies 35
(ii) Number in binders 10
(iii) Please choose desired format
(estimated pages)z
zA page is defined as the area on one side of a sheet of paper. A sheet contains two (2)
pages.
7
[] 6 x 9 inches
300
[] 8-1/2 x 11 inches, single column
225
8-1/2 x 11 inches, double column
175
(3) Base
Cost does not include:
(a)
Conference with Attorney
$500.00
(b)
Tabular matter, additional per page
$10.00
(c)
Magnetic media
$375.00
(d)
Freight charges
prepaid
invoiced upon shipment.
(e)
Pages in excess of those listed above will
be billed as follows:
(i) 6 x 9 inches
$18.00
(ii) 8-1/2 x 11 inches, single column
$24.00
(iii) 8-1/2 x 11 inches, double column
$32.00
zA page is defined as the area on one side of a sheet of paper. A sheet contains two (2)
pages.
7
(B) LOOSELEAF SUPPLEMENT SERVICE
(1)
Annual state law review fee
none
(2)
Annual fee for Supplements
none
(3)
Number of copies
35
(4)
Cost per page
(a) 6 x 9 inches
$16.00
(b) 8-1/2 x 11 inches, single column
$18.00
(c) 8-1/2 x 11 inches, double column
$24.00
(d) Tabular matter, additional per page
$10.00
(e) Updating magnetic media, additional per page
$1.50
(5)
Sample Ordinance Service (Optional)
(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 $1,000
(2) (OPTIONAL) Upon completion of the conference,
or October 30, 1992, whichever is later $2,000
(3) Upon receipt of proofs $2,000
(4) Balance upon delivery of Code, or
October 30, 1992, whichever is later.
(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.
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
LIJa_ I Q •l l t,til(
Witness
May 20, 1991
Accepted by:
GULF STREAM, FLORIDA
�- 7-9/
Date
z
Title
Municipal
Code
Corporation
May 20, 1991
Ms. Rita Taylor
Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Dear Ms. Taylor:
Thank you for your letter of April 24 and enclosures. Pursuant thereto, and to your
telephone conversations with Gloria Jacobs, we are pleased to enclose our updated
professional services proposal for consideration.
I. MCC Qualifications
MCC utilizes a full-time staff of attorneys, thoroughly experienced in codification work
and capable of rendering the very best services available to a town or county.
This staff is supported by a full complement of assistants, clerks and proofreaders. All
facilities are located on our premises, which enables us to control each project from
beginning to end, with no part being subcontracted. MCC's attorney assigned to your
Code is available should questions arise during the publication process.
H. The Project
The primary purpose of a recodification project is the review of the existing Code and
subsequent ordinances in conjunction with the current state statutes and court
decisions, to eliminate obsolete provisions, duplications and inconsistencies. All
findings would be discussed in detail at the editorial conference. The approved
changes would be implemented by MCC's law editor by revising and rewriting the
necessary provisions of the Code.
Our publications reflect the professional quality and style of a legal publication. In
addition, the volume is designed for looseleaf supplementation on a page -for -page
substitution basis.
Please keep in mind payment for the recodification project has been scheduled
Post Office Box 2235 through two (2) budget years, as provided on the Quotation Sheet.
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(904)576-3171
1 -800 -262 -CODE (National)
1 -800 -342 -CODE (Florida)
Ms. Rita Taylor
May 20, 1991
Page 2
III. The End Result
The end result is a Code of Ordinances tailored to meet your specific requirements for today and
designed for expansion to meet the needs of tomorrow.
If you have any questions or desire additional information, please do not hesitate to contact us on
our toll free number.
We appreciate your interest and would like the opportunity to be of service to you and the Town of
Gulf Stream. We look forward to hearing from you in the above regard.
ALL/ssb
enclosures
Sincere ,
tLaw Langfor
P 'd
rest ent
COMMISSIONERS
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
WILLIAM F KOCH. JR.. Mayor
ALAN 1 ARMOUR. Vice Mayor
JAMES E CROSS
KATHLEEN S. WALLACE
LAWRENCE E STAHL
June 13, 1991
Mr. A. Lawson Langford, President
Municipal Code Corporation
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, F1. 32316
Re: Professional Services Proposal
for Gulf Stream Florida -May 20, 1991
Recodification of Ordinances
Dear Mr. Langford:
MAIL ADDRESS
11X1 SEA ROAD
GULF STREAM, FLORIDA
33483
TEL.: GULF STREAM
(407) 276 5118
Town Manager
FRANKLIN E. FLANNERY
This letter is to inform you that the above stated proposal
was approved at.our Regular Commission Meeting held on June 7,
1991.
We enclose herewith the following:
1. Executed copy of the Professional Service
Proposal for Gulf Stream, Florida dated
May 20, 1991.
2. Our check #8033 dated June 1, 1991 in the
amount of $1,000 representing amount to be
paid upon passage with the balance to be
paid from our 1991-1992 Budget.
Mrs. Taylor, our Town
July 1st. If you have
need prompt attention,
Very truly
yours,
Bett Boroni
Enclosures (2)
Clerk, is on vacation and will return on
any questions regarding this matter that
do not hesitate to contact this office.
TOWN OF GULF STREAM 0581
OPERATING ACCOUNT
100 SEA ROAD
GULF STREAM, FL 33483
8033
craw
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.Tuna 11 1991._
PAYTOTHE Municipal Code Corporation
ORDEROF TTpedt� 'o �y 1'�,�•�,1 CTS � $ . 1,0 0 00
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DOLLARS
4 • OCE NORTH OCEAN BLVD.
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AN RIDGE. FLORIDA 33435 '.
FOR Proposal Professional Service
8'0080338• i