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HomeMy WebLinkAboutContract 13741 CONTRACT CITY SECRETARY CONTRACT' No 13 1 y ) THIS AGREEMENT made and entered into this mac, 11, day of `�'�Ay tg � 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 FORT WORTH ,a municipal corporation duly organized and existing under the laws of the State of Texas , hereinafter referred to as the Municipality. WITNESSETH: That the Corporation shall prepare and publish a Code of Ordinances for the Municipality in accord with the terms and conditions of the Corporation's proposal dated the 23rd day of F hr jary , 19_$x, 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: SPECIAL R AA IN TESTIMONY WHEREOF, the Corporation has caused this agreement to be executed by the signing of its authorized officers and the 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. 3 ANTES r �� NICIPtDE RP R TION By d r (SEAL ry President y wN 1 o�twg �e� etas V ATTEST: `` ;~ FORT WORTH, TEXAS ; I S alt. By `� (SEAL) City 61S ecretar (Title) % ity Manager (Title) A�PROVED AS TO FORM- ND LEGALITY: ApPRoyn BT C ITy Cp(M C I L City Attorney U-tr---- �;t; oecreta_ l Date: OFFICM RECORD 1 CRY SECRETARY FT. WORTH, TEL Proposal for: CODIFICATION OF ORDINANCES To: FORT WORTH, TEXAS Date: February 23 , 19 8 4 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 of- fers to edit and codify the ordinances and publish a new Code of Ordinances for the G'ITY OF FORT WORTH ,a municipal corporation duly organized and existing under the laws of the State of Texas ,hereinafter referred to as the Municipality,accord- ing 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. (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. Ma- terial 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 with- in the chapter itself, the ordinances shall be arranged in an orderly and logical fash- ion. (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 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 courts specifically 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 Municipality. Appropriate annotations will be prepared and appended to the ordinances affected.-1 1 Of REM l CITY SECRETARY FT. WORTH, TEX. (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 informed of obsolete,outmoded,or unnecessary provisions which should be omitted from the codifi- cation. (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 neces- sary,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 recommended 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 super- vising editor in charge of the Code will conduct an editorial conference with the Attorney and other officials inF'ORT WORTH .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) POST-CONFERENCE WORK. Upon completion of the editorial conference,the Code manuscript will be prepared for typesetting and printing. (7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of the post-conference 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. (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 proofread- ing and typographical correctness. The Municipality may make word changes on the proofs without charge. However, should the Municipality delete lines, entire sections, articles or chap- ters 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 thirty (30) days from the date of their receipt by the Municipality. If the proofs are not returned within said thirty (30) days, and if the Municipality does not, within said thirty (30) days, notify the Corporation that there will be a delay in returning the proofs, it will be assumed that no changes are to be made and the Corporation will proceed to print the Code and no changes shall thereafter be made in its content. (9) PRINTING. When the proofs are returned by the Municipality or at the expiration of thirty (30) days after their receipt by the Municipality, and in the absence of the notice of delay provided for in Paragraph(8)above,the Corporation will proceed to print the Code in accord with the following: * See page 3 . 1, paragraph (6 . 1) . Of A! RIM 2 CITY SECRETARY FT. WORTH. TM (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.English Finish 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 prepared 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) Comparative Table.This Table will list all ordinances included in the Code in chrono- logical 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. (b) 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 or Comparative Table pages. (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 Municipality. 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,separa- tor 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 and binding in paper covers for separate sale or distribution by the Municipality.Price will be furnished upon request. v► IWAI RECW 3 CITY SECRETARY FT. WORTH, TEA, -i (6.1) POST-CONFERENCE MEMORANDUM. Following the conference, an editorial memorandum will be prepared, setting forth the sub- stantive changes in the ordinances approved at the editorial conference. (17) CERTAIN SERVICES PERFORMED FOR MUNICIPAL ATTORNEY. It is expressly understood that, should any contract be entered into between the Corporation and the Municipality, the services provided for in paragraphs (2) (d) and (e) above, and any other service involving findings or recommendations relating to the legality or validity of the ordinances, will be performed only for the Attorney for the Municipality and solely for the purpose of supplying information directly to him. (18) TIME SCHEDULE. The following is a tentative time schedule in the preparation of the new Code: (a) Editorial conference in City . 6 months after receipt of the material and contract. (b) Post-conference memorandum . . 1 month after completion of the editorial conference. (c) Delivery of proofs to City . . 3 months after submission of the editorial memorandum. (d) Delivery of completed Codes to City . . . . . . . . . . . 3 months after return of the proofs . The above time schedule provides for completion of the Code within thirteen (13) months, excluding time required for review of the proofs and any delays occasioned by the City. Of FIN RECURG s 3. 1 CITY SECRETARY FT. WORTH, TEL 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. * (2) COSTS. Pay the Corporation for the work of editing, printing and binding as herein provided as follows: THIRTY—SIX THOUSAND DOLLARS ($36 ,000. 00) The above sum is based on the following: (a) Three hundred (300) copies of the Code; (b) Two hundred (200) mechanical loose- leaf binders, including special order tabs; (c) Nine hundred (900) page Code, on pages 8-1/2 x 11 inches in size, double column format. Pages in excess of 900, a charge of THIRTY—EIGHT DOLLARS ($38 . 00) per page. For the purposes of this Part Two,a page is hereby defined as the area on one(1)side of a sheet of paper.A sheet contains two(2)pages. * The Corporation will utilize the 1964 Code as supplemented d copies of subsequent ordiAances . OFFIMIL RECD CM SECRE"', FT. W00, TIDL (3) PAYMENT.Money due hereunder shall be due and payable as follows: (see SPECIAL RIDER) Onferexee .September 9,000 . 0( ( ) Upon submission of the proo unicipality . . . . . . . . . . . . . . . . . . . . 12 ,000. 0 or March whichever is dater. ( on anal deliv r of the c n1pl ted Code$to t e Municipality ,. . . . . . . . (4) FREIGHT CHARGES.The above costs do not include freight charges.The Municipality shall pay all freight charges.The shipment will be forwarded prepaid and invoiced to the Munici- pality at the time of final billing. " Cor ration offers to distribute and store the Code and Supple ment as follows : The Corporation shall prepare a sales order form which may be mailed by the City to all potential subscribers of the new Code and upplement Service. (b) Th Corporation shall mail copies of th Code and uture Supplements to those person sub- scrib' g to the new Code and Suppleme t Service. The na s and addresses of such per ns shall be furni hed to the Corporation by he City. (c) The Corpor ion shall ship to t City as many copies f the Code and Su lements as requested for se within the ty government. (d) All undistribute copies o the Code and Supple- ments shall be st ed by e Corporation. All risk of loss or dam ge t the Codes and Supple- ments so stored shal b on the Corporation. (e) The Corporation offe o bill subscribers to the Supplement Service n an nnual basis after the initial order is ceived rom the City. All moneys received 11 be cre ' ted to the City' s Account for pub ication of t Supplements. A listing of 1 current subsc ibers will be issued to th City periodically. (f) The costs or the above shall be a follows : (i) Ma' ing of Codes and Supplement . $ 1. 00 p mailing, plus postage; (ii) torage of Codes and Supplements . 200 . 00 per annum; (ii ' Annual billing of subscribers to Supplement Service . . . . . . 4 . 0 per subscriber. M ( The Corporation sAall include the cost of t!� REM mailing as provided above on the statement of charges for each Supplement. The cost CRY SECRETARY . Fr. WOR To, FDL P 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 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 shall be re- quired 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 super- seded. 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 provi- sions and to insert the new ordinances. Should the Corporation detect conflicts, inconsistencies 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 Corporation will prepare the ordinances editorially and print three hundred (3 0 0) copies of each Supplement for the sum of- TWENTY—SIX DOLLARS ($26 . 00) per page,including blank pages. For the purpose of this Part Three,a page is hereby defined as the area on one(1)side 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 cost 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 Table pages. � Jf FICIAI RECD � 6 CITY SECRETARY j 7. FORTH, TEX. (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 Sup- plements 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 nn P (1) yearks)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. 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. Atfully submitted, CIPAL CO COR N R. ang r resident Attachments: Sample Pages OffICM( RfClRB 7 M' SECRETARY ANIMALS AND FOWL § 8-150 that the contents of such troughs or Sec. 8-147. Additional housing. receptacles cannot be befouled by such All animals impounded shall be housed and birds; cared for at the municipal animal shelter; (3) Kept in a clean and wholesome condition; provided, however, that when shelter facilities (4) Not overcrowded with such fowls or are inadequate, the manager of health and poultry; nor placed so that such birds hospitals is authorized to make provisions for shall not be exposed to undue heat or additional housing and care elsewhere. cold; and (Code 1950, § 753.8-1) (5) Kept clear of dead, injured, or diseased Sec. 8-148. Impounding animals. fowls or poultry. (a) The manager of health and hospitals is (b) It shall be unlawful for any person to authorized to impound any animal which is keep live fowls or poultry, when received for stray, loose, or running at large or which has sale or storage, in containers other than the bitten or otherwise injured any person and coops, crates or cages that meet the standards needs to be confined for observation. The set forth in this section. manager may additionally impound any dog (Code 1950, § 824.8) or cat which does not bear the proper license tag as required by article III of this chapter. Sec. 8-139. Possession, etc., dyed baby (b) An chicks, etc. Any person may retain or trap in a humane manner and hold for the manager of (a) It shall be unlawful for any person to health and hospitals any dog or cat trespass- possess, display, sell, or give away any baby ing upon their property. chicks, ducklings, fowls, rabbits, or any other (Code 1950, § 753.9) animals as pets, playthings, novelties, or gifts, that are dyed, colored, or in any way Sec. 8-149. Proper care. artificially treated. All animals impounded shall be properly (b) It shall be unlawful for any person to housed, fed, watered and cared for and it sell or give away baby chicks, ducks, fowls, or shall be the duty of the manager of health rabbits as pets, playthings, gifts or novelties. and hospitals to make provisions for all (c) This section shall not be construed to necessary facilities, food, water, vehicles and prohibit the display by hatcheries, stores, other equipment required to carry out the owners, dealers or persons engaged in the provisions of this article. business of selling such animals to be raised (Code 1950, § 753.8-2) for food. (Code 1950, § 824.9) Sec. 8-150. Notification of owner of im- pounded animal. Secs. 8-140-8-145. Reserved. Upon the impounding of any animal, it shall be the duty of the manager of health and hospitals to notify the owner from whom ARTICLE VIII. IMPOUNDMENT the animal was taken, if the owner is known. If the owner is not known, there shall be Sec. 8-146. Shelter created. posted at the municipal animal shelter and There is hereby created a municipal animal the city and county building for a period of shelter which shall be owned and operated by not less than three (3) days a notice the city and be under the control of the containing a description of the animal manager of health and hospitals. impounded. For purposes of this notification . ' (Code 1950, § 753.8) °ECM f 755 CITY SECRETARY fT. WORTop to § 8-150 DENVER CODE requirement, a fraction of a day shall be owner shall pay a three dollar ($3.00) computed as being a full day. vaccination fee in addition to the other fees (Code 1950, § 753.10) hereinbefore set forth. Sec. 8-151. Period of impounding. (d) The owner of a dog impounded in the municipal animal shelter for observation of All animals impounded shall be kept for a rabies shall be required to pay a two dollar period of three (3) days unless sooner ($2.00) daily maintenance fee for the care of redeemed by their respective owners, and a the dog. Such fee shall be in addition to any fraction of a day shall be computed as being other charges which may be assessed pursu- a full day for the purposes of this section. ant to this article. (Code 1950, § 753.11) (e) The manager of health and hospitals Sec. 8-152. Release of impounded ani- may, in his/her discretion, waive any and all mals. fees required under the provisions of this article without cost to the owner or harborer (a) It is the duty of the manager of health thereof where the payment of such fees would and hospitals to release any dog from the create unnecessary hardship. municipal animal shelter upon receipt of (Code 1953, §§ 753.12, 753.15) satisfactory proof that the person claiming the animal is the owner thereof, upon Sec. 8-153. Sale of impounded animals. reasonable determination that the animal is After notice required by section 8-150 has not infected with rabies, upon payment of a been given and after three (3) days of shelter service fee of thirty-five dollars impounding required by section 8-151 has ($35.00), and upon payment of a maintenance expired, then such animal may be released to fee of two dollars ($2.00) for each day or any person upon payment of the required fees portion of each day the animal has been as determined by the manager of health and impounded. hospitals and upon agreement that vaccina- (b) All other impounded animals shall be tion-registration of the animal shall, where released from the municipal animal shelter required, be provided in accordance with the upon proof that the person claiming the provisions of this article. animal is the owner thereof, and upon (Code 1950, § 753.13) payment of a maintenance fee as determined by the manager of health and hospitals. Sec. 8-154. Disposition of unclaimed and (c) If the impounded animal is a dog, the unadopted animals. owner must present satisfactory proof of Any animal which is known to have bitten vaccination for rabies and proper registration or injured any person so as to cause an of the dog in accordance with the provisions abrasion of the skin, or any animal which, in of this article. If proof of vaccination-regis- the opinion of the manager of health and tration cannot be provided, the manager of hospitals, appears to be infected with or health and hospitals shall either provide exposed to rabies shall be impounded in the rabies vaccination to the impounded dog municipal animal shelter, or in such in- before it is released or shall release the stances as may be determined by the impounded dog to the owner and require the manager, shall be closely confined by its owner to provide satisfactory proof within owner or possessor for observation in accord- forty-eight (48) hours after its release which ance with the directions of the manager. shows that the dog has been provided the Disposition of such animal shall be made as required rabies vaccination. If the manager directed by the manager. provides rabies vaccination for a dog, the (Code 1950, § 753.14) [The next page is 807] 756 S P E C I A L RI D E R Payment for the services performed hereunder shall be as fol- lows: (a) $3, 000 shall be paid upon the signing of the con- tract . (b) $9, 000 shall be paid upon completion of the editorial conference which is estimated to be held on or about September 1 , 1984. (c) $12, 000 shall be paid upon submission of the proofs to the Municipality, or March 1, 1985, whichever is later. (d ) $12, 000 upon final delivery of the completed Codes to the Municipality, or October 30, 1985, whichever is later. Except for additional charges incurred by the City as pre- scribed herein, the total charges to the City for the services per- formed hereunder shall not exceed $36, 000. It is expressly understood and acknowledged by the parties hereto that to date the City Council has authorized the expenditure of only $12, 000 of the total contract price. In the event the City Council does not allocate in its 1984-1985 budget the additional sum of $24, 000 for payment of the balance of the contract price, either party, within thirty (30) days thereafter, may terminate this con- tract by delivering written notice to the other party. In the event of such termination, the Municipal Code Corporation shall discon- tinue said work, and the City of Fort Worth shall make no further payments hereunder, save and except those unpaid amounts which were due and payable at the completion of the editorial conference. MUNICI L CODE RPOR N By: J President CITY OF FORT WORTH, TEXAS t_ i 1 B r]�h ity M nag r �w r DEFlplll RE= CITY SECRETARY FT. wo�TH, Ta.