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HomeMy WebLinkAboutContracts & Agreements_7-1985_CCv0001.pdf CONTRACT FOR THE CODIFICATION OF THE CODE OF ORDINANCES FOR REDLANDS, CALIFORNIA. PUBLICATION OF ONE HUNDRED (100) COPIES OF THE CODE PLUS SUPPLEMENTATION SERVICE. 1. PARTIES. The parties to this contract are Redlands, California, (hereinafter Municipality) and Book Publishing Company (hereinafter Company or BPC). 2. GENERAL TERMS. It is the general intention of the parties that this contract provide for the codification and publication of the code of ordinances of the Municipality. This contract covers the editorial work, indexing, and publication of 100 copies of the code in BPC 8114 x 11 Multilith format. A sample page showing the style of printing is attached to this contract. 3. CHARGE FOR EDITORIAL AND PRINTING SERVICES. 3.1. Charge for 300-page code. . . . . .. . .. . . ... .............$6450.00 3.2. Charge for more than 300 pages, per page. ... ......... 21.50 3.3. Partial pages will be charged as full pages. 3.4. No charge for blank pages. 4. BINDERS. 4.1. Standard BPC mechanical looseleaf binders, each:....... .16.00 An appropriate title, approved by the Municipality, shall be imprinted on each binder. 4.2. At an additional cost, the Municipality can select an alternate binder. 5. TABBED DIVIDER PAGES. The Company will supply tabbed divider pages for the main sections of the code at no charge. 6. MAP, DIAGRAM OR TABULAR PAGES. 6.1. There will be an extra charge for each map, diagram or tabular pages of: . .... .. .. ... .. . . . . . .... . .............. 10.00 6.2. This charge applies to the basic code and to future supplements 7. FREIGHT CHARGES. F.O.B. Seattle. 8. SALES TAX. If a sales tax is applicable to this work, the amount of such tax will be added to the costs quoted in this contract. SC2/1/85 9. PAYMENT SCHEDULE. 9.1. On signing of the contract, one thousand dollars ($100{3.00) is due for payment. 9.2. An additional one thousand dollars ($1000.00) is due when the Ordinance Analysis and Report is submitted to the municipal attorney. 9.3. The balance of the total cost of the code is due on delivery of the code books to the Municipality. 9.4. By written agreement signed by the Company and the Municipality, the payment schedule may be extended over a longer period. Balances due later than 60 days after delivery of the code books are subject to a late charge. A late charge of 1% per month may be imposed on all past due amounts. 10. WORKING COPIES OF ORDINANCES. The Municipality will supply to the Company two legible working copies of each ordinance. If working copies are not available, the Municipality will make the ordinances available for duplicating. The Company will make duplicates of the ordinances necessary to the code and will charge the Municipality the Company's cost of having the ordinances duplicated. 11. TIME FOR COMPLETION. 11.1. Time is of the essence. It is the intention of the Company, with the cooperation of the Municipality, to deliver the completed codes to the Municipality within one year of the receipt of codification material from the Municipality. 11.2. Should delivery be delayed because of the Municipality's delay in performing its duties according to this contract, the Company shall have the right to increase the final cost of the code to compensate for any increase in labor, materials or overhead costs. SC3f 1,185 12. ORDINANCE ANALYSIS AND REPORT. The Company will, under the supervision of the municipal attorney, prepare an Ordinance Analysis and Report upon receipt from the Municipality of the material to be included in the codification. In preparing this report, the Company will: 12.1. Compile and edit the charter by inserting into their proper places all amendments. The ordinances will be checked against the charter and any apparent conflicts or inconsistencies will be called to the attention of the municipal attorney. 12.2. Examine all existing ordinances of a general and permanent nature or imposing a fine, penalty or forfeiture. The Company will separate and arrange such ordinances logically according to subject in numbered titles (first division) and chapters (second division) . Each division will contain provisions similarly related and complete within themselves. 12.3. Examine the Municipality's provisions for apparent improprieties and conflicts. Where conflicts, inconsistencies or ambiguities are apparent to the Company, they will be brought to the attention of the Municipality's representative for consideration. Such examination shall be performed with the approval of, and in cooperation with, the municipal attorney. 22.4. Formulate, draft and recommend a title and chapter outline of a proposed code structure and furnish to the Municipality's representative a copy of the outlined proposed code structure and classification of existing ordinances (Ordinance Analysis and Report) . Such proposed structure and classification of ordinances will not be adopted until they have been approved by the Municipality's representative. 12.5. Upon receipt of the Ordinance Analysis and Report, the municipal attorney will review the Report and recommend appropriate action on all items contained within the Report. The municipal attorney shall make all legal decisions. 13. EDITORIAL CONFERENCE. 23.1. Mediately after receipt of the Ordinance Analysis and Report, an editorial conference will be scheduled with the municipal attorney or authorized municipal representative and Company representative. The conference will be held at a time mutually satisfactory to both the Company and the Municipality after the municipal attorney has had an opportunity to review the Ordinance Analysis and Report. During this conference, the Company representative and the Municipality will review the code structure analysis prepared by the Company in order to determine necessary changes in the Municipality's laws. 13.2. Upon completion of the editorial conference, .the municipal attorney will draft and recommend for enactment all amendments, repeals and new ordinances. SC4/1/85 14. CODE EDITING: It will be the responsibility of the Company to prepare the code manuscript for typesetting and printing by: 14.1. Dividing each ordinance to be included in the code into short sections, so that each section will contain only one provision of law pertaining to only one subject, to the extent reasonably possible. 14.2. Technical codes which have been adopted by reference--e.g. ,, building, plumbing, electrical, and similar technical' codes--will be excluded from the municipal code unless the Municipality's representative directs the Company to include such technical codes. Ordinances adopting such technical codes by reference shall be included and classified in appropriate sections of the Municipal code. 14.3. A table showing the disposition of each municipal ordinance will be prepared and included in the code volume. 14.4. Catchlines for each individual section of the code will be inserted at the beginning of each section. 14.5. A table of contents for each chapter will be prepared consisting of numerical listings of the catchlines of the individual sections in each particular chapter. A table of contents for each title will be prepared consisting of numerical listings of the chapters in each particular title. 14.6. An historical citation showing its legislative history and derivation will be prepared for each section of the code. 14.7. Only the substantive provisions of each ordinance will be codified; provisions such as the title, ordaining clause and attestation clause of each ordinance being omitted to the extent permitted by law. 14.8. Where necessary, the language of existing ordinances will be edited, by revising into concise, modern and proper language to delete apparent conflicts, ambiguities and repetitions provisions. All substantive changes will be submitted to the municipal attorney for approval. 15. INDEXING. A complete and comprehensive index, covering each section of the code will be prepared and included in the code volume. The index will use detailed cross-referencing. SC5JCC4 2184 16. WARRANTY. The Company warrants only that the code will contain all of the currently effective. - ordinances provided to the Company by the Municipality as revised and amended according to instructions from the Municipal Representative. 17. PRINTING. 17.1. Upon completion of the editorial and indexing work, the code will be reproduced in Book Publishing Company's page style. 17.2. The code is to be printed on: r7 one side of the sheet both sides of the sheet. The choice is usually based on the probable size of the code to result in a single volume of convenient size. 17.3. All labor and materials for the completed code will be furnished by the Company. 18. PERSONNEL. Only experienced and qualified personnel will be employed in all editorial and codification work. The Customer Relations Representative will consult the Municipality when necessary and will keep the Municipality informed of the progress of all codification work. 19. SALE OF CODES. The Municipality has exclusive rights to sell copies of the completed codes and looseleaf supplement material. 20. SUPPLEMENT SERVICE. 20.1. Annual editorial fee:. . . . . . . ... . .. . . . . ... . .. ........$100.00 20.2 Basic charge per page: . . . ... .. . . . .. . .. . . . .. . ..... .. .$ 17.50 20.3. Supplements will be published as often as requested. Supplement intervals may be changed at any time at the request of the Municipality. 20.4. Ordinances adopted by the Municipality are to be forwarded as they are enacted. Book Publishing Company will edit such ordinances, appending appropriate headnotes, catchlines, cross references and explanatory notes, and reprint the page or pages of the code amended, removing the provisions superseded by the amendment and inserting the new provisions. The pages in the comprehensive index which are affected by the amendment will also be revised to take account of changes and new provisions, and will be reprinted. 20.5. Copies of the supplement pages for each code book, together with insertions guides containing full instructions for insertion of all supplemental material and revised index pages, will be supplied to the Municipality. 20.6. Supplements will be in the style and format of the original codification. 20.7. Payment for the supplement service will be at the rate established in this agreement. Payment is due on delivery to the Municipality of the supplement material. 20.8. The supplement service may be terminated by written notice of cancellation received not less than 60 days prior to the editorial cutoff date for any one supplement. SC7/l/83 21. ASSIGNATION, INTEGRATION AND MODIFICATION. When executed by both the Company and the Municipality, this agreement constitutes the entire agreement between the parties. There are no other agreements or representations not set forth in this agreement. This agreement incorporates all prior negotiations, agreements and representations. This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. This agreement may not be modified except in writing, signed by the Company and the Municipality. 22. LAWS OF WASHINGTON TO GOVERN. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. WAIVER. The waiver by any party of a breach of any provision of this agreement or the failure by any party to claim a breach of any provision of this agreement shall not constitute a waiver of any subsequent breach, or change the effect of or make that provision thereafter unenforceable in any way. 24. DURATION OF QUOTATION. This quotation and agreement constitutes a bid by Book Publishing Company, a Washington corporation, for the performance of the codification services described for the Municipality. If this quotation and agreement is executed by the Municipality within 90 days of the date hereof, it shall be a binding contract between the Company and the Municipality. Bid submitted February 21, 1985 Book Publishing Company A corporation By , President and r - y = Secretary Accepted... Date March 6 , 1985 MUNICIFALITY OF REDLANDS, CALIFORNIA By City`s 'erk 2 . 32 . 010--2.32. 040 rMX Chapter 2 . 32 CITY TREASURER Sections; 2.32 .010 Term. 2 .32 . 020 Bond. 2.32.030 Duties generally. 2.32. 040 Monthly statements . 2.32. 050 Annual report. 2 .32.060 Deposit of funds. 2.32. 070 Deputy treasurer--Office created. 2.32.080 Deputy treasurer--Appointment--Bond. 2 .32.010 Term. The city treasurer shall be elected for a four-year term at the same time the mayor is elected. If a vacancy occurs in the office of the city treasurer, it shall be filled by the mayor with the advice and consent of the city council, the person so appointed to hold office for the unexpired term of the officer elected. He shall receive such compensation as is set from time to time by ordinance of the city council; provided, however, the compensation may not be changed during his term of office. (Ord. 12 §1 , ASK& 19 5 9) 2 .32.020 Bond. The city treasurer shall give a bond in such sum as may be required by the council, but the bond shall not be less than the amount required by statute. The bond shall be conditioned upon the faithful performance by the treasurer of the duties of this office , and to indemnify the city for any loss due to any neglect of duty or wrongful act on the part of the treasurer. (Ord. 12 52, 1959) 2 .32 . 030 Duties generally. A. The city treasurer shall receive all money paid into the city, either directly from the person paying it, or from the hands of such other officer as may receive it. B. He shall keep records showing all money received by him, the source from which it was received, and the purpose for which it was paid out. C. He shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto. D. He shall pay out money only on vouchers or orders properly signed by the city clerk and the mayor. (Ord. 12 3 , 1959) 2. 32 . 040 Monthly statements. At the end of every month, and oftener if required by the corporate authorities , the city treasurer shah render an account under oath to the city council showing the state of the treasury at the date of the account and the balance of money in the treasury. 53 SAMPLE 'AGE