Fort Walton Beach Council agenda — 04-14-09 regular — reading text

Ordinances will now be undertaken in -house by staff. In order to comply with the sixty days written notice, a letter was mailed to Municipal Code on March 27, 2009 to cancel the Supplement Agreement so that the agreement would not automatically renew June 1, 2009. Council can always reinstate the services if they desire. RECOMMENDATION: Council approve action taken to cancel the Supplement Services of Municipal Code Corporation. S/ m  City of Fort Walton Beach, r America' s Most Beautiful Beaches 107 Miracle Strip Parkway, SW P. O. Box 4009 Fort Walton Beach, Fl 32549 850) 833 -9500 * Fax ( 850) 833 -9640 -: www.fwb.org TDD ( 850) 833 -9925 Helen Spencer City Clerk 850) 833 -9509 CERTIFIED MAIL hspencer , fwb.org March 27, 2009 Ms. Danielle Galvin Vice President - Marketing Municipal Code Corporation P. O. Box 2235 Tallahassee FL 32316 Dear Ms. Galvin, Per Section 17 of Part Three Supplement Service, the current three ( 3) year contract with Municipal Code for Supplement Service will expire June 1, 2009 and will automatically renew from year to year unless altered or cancelled upon sixty days written notice by either party. Please consider this the sixty ( 60) days written notice to cancel the Supplement Service provided by Municipal Code Corporation. Due to our current financial situation we find it necessary to cancel the contract in an effort to lower expenses and plan to update our Code in- house. We want to thank Municipal Code for the years of service they have provided in the annual update of our Code of Ordinances. Sincerely, Helen Spenc City Clerk S/ m COPIES TO MAYOR, COUNCIL & APPOINTED OFFICERS sb2709 DATE  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 republish the Code of Ordinances for the CITY OF FORT WALTON BEACH, 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 REPUBLICATION OF THE CODE 1) EDITORIAL WORK. The editorial work on the Code will include the following: a) Formatting. MCC will conform the Code to single column 10 point type. MCC will match the current page layout of the Code as submitted. MCC will work from the electronic media provided and assume no substantive changes are to be made without authority from the city. b) History Notes and References. MCC will maintain the historical notes and references at the end of the titles. c) Table of Contents. This Table will list the chapters, articles or divisions of the Code, with appropriate page numbers. 2) INDEX. A comprehensive, legal and factual general index for the entire Code will be prepared. All sections are indexed under major subjects with appropriate section citations. Columnar citations are used to enhance the ease of reference. 3) - PROOFS. 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. Should the Municipality request to review the proofs beyond forty -five (45) days but fails 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 with subsequent enactments 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 Municipality. 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. 4) PRINTING AND BINDING. When the Municipality returns the proofs, 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. premium multi -purpose paper. b) Page format. MCC' s page format is designed for consistency and readability. The page size will be consistent with the format chosen by the Municipality: 8 %2 x 11 inches, single column. c) Type size. MCC will publish the Code in ten -point type. d) Tables and graphics. MCC will require an electronic file of the tables and graphics included in the Code and /or a clean printed copy. e) Separator tabs. MCC will furnish separator tab sheets ( Mylar tabs) for the bound Codes. The tabs will reflect the major divisions or chapters of the Code. 6) Delivery. The following is a tentative time schedule in the preparation of the new Code: a) Submission of proofs to Municipality 2 -3 months after completion of editorial work. b) Delivery of completed Codes to Municipality 2 -3 months after return of proofs. The above time schedule provides for completion of the Code within six (6) months, excluding time required for review of the proofs and any delays occasioned by the Municipality.  PART TWO ADDITIONAL SERVICES AVAILABLE 1) REPRINT PAMPHLETS. Additional copies of specific chapters or any portion of the Code may be printed and bound in paper covers for separate sale or distribution by the Municipality. Quotations for specific chapters in pamphlet format will be furnished upon request. 2) 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. a) Folio BoundVlEWS. This is a full text search engine that supports standard Boolean logic, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Every word of the Code is electronically indexed so queries are performed on the entire Code. A powerful, context- sensitive, on -line help system is included within Folio BoundVlEWS, though the software is sufficiently intuitive to use without consulting the help library. b) Code on the web. The Code may also be included on MCC' s web site www.municode. com). The site contains a collection of more than 1, 600 local government Codes and is available to anyone with Internet access. All Codes on the site are integrated with a search engine and amendments to the Code are incorporated as the book is updated. A link to the Municipality's web site can also be provided. C) Word processing format. The master database of the Code can easily be converted into an RTF format that is useable in most of today' s popular word processing formats, e.g., WORD or WordPerfect. Alternatively, the Code can be provided in a generic text format such as ASCII or HTML. d) Code in Adobe PDF Format. MCC can provide the Code in PDF format. MCC will apply bookmarks for the chapters and, if available, the PDF version will contain a minor search tool. MCC may not be able to provide the Municipality a search tool in certain instances. The Municipality will need a copy of the Adobe Viewer (available for download for free from adobe. com). The PDF format matches the printed page and MCC provides a complete updated PDF each time the Code has been supplemented. Should the Municipality desire to also receive just the Supplement, an additional update fee applies. There is no licensing that applies to this format, but there are not the search capabilities built into Adobe as there are in the above Folio product.  PART THREE SUPPLEMENT SERVICE 1) 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 in hard copy, on diskettes or via e- mail ( ords com). 2) SCHEDULE. After shipment of the new Code, MCC will keep the Code up -to -date by the publication of Supplements that 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. A minimum of thirty ( 30) working days will be required for delivery of a Supplement. 3) ELECTRONIC SUPPLEMENTATION. If the Municipality has chosen to receive the Code in electronic media as set out in Part Two of this agreement, MCC can provide the Supplements electronically on a schedule to meet the Municipality's needs,