HomeMy WebLinkAbout4.9 Development of Dublin Muni Code CITY OF DUBLIN O� ✓�`'
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 12, 1988
SUBJECT Development of Dublin Municipal Code
EXHIBITS ATTACHED Agreement for final editing and printing of
ordinances, and publication of 75 copies of the
code, plus supplement service with Book Publishing
Company (BPC)
RECOMMENDATION Approve Agreement and authorize Mayor to execute
same
FINANCIAL STAT'EME'NT: Based on an estimated 285 page Municipal Code, the
costs are as follows for 75 copies of the Code:
Base Charge (125 pages) $ 3, 350 . 00
Additional Pages ( 160 pages @ $26/page) 4, 160 . 00
Binders (35) 595 . 00
Sub-Total $ 8, 105. 00
Sales Tax 567. 35
Sub-Total $ 8, 672 .35
Less Credit from Legal Analysis (840 .00)
ESTIMATED TOTAL $ 7, 832 .35
The Vendor requires a $1 , 000 payment when the
contract is signed. Sufficient funds are budgeted
to cover this amount in the 1988-89 Budget,
however, the balance will need to be appropriated
in the 1989-90 Budget.
DESCRIPTION The Council has established as a high priority, the
development of a Dublin Municipal Code. This Code would incorporate"
nearly all of the City' s Ordinances into one volume which would make it
easier for City Officials, as well as the public to use.
In December, 1986, the City Council approved the format of a Table of
Contents for the Dublin Municipal Code. Also, in December, 1986, the
Council adopted Ordinance No. 21 -86 establishing Title I of the Dublin
Municial Code (General Provisions) . This Ordinance established the
framework for the rest of the ordinances to be incorporated in the
Municipal Code.
Since that time, City Staff has worked closely with the City Attorney' s
Office to revise the majority of all the ordinances which were adopted by
reference when the City incorporated. References to County Officials,
enforcement officers, etc. , were corrected. Changes in the law and/or
new legislation which affected any particular ordinance or section were
also reviewed on an ordinance by ordinance basis. To date, there are
approximately 7 remaining ordinances which need to be revised and
considered by the Council . However, this does not preclude the City from
proceeding with the codification and printing process at this time.
City Staff requested quotes from several professional firms who provide
municipal codification services. After a thorough review, Staff
recommends the selection of Book Publishing Company of Seattle to provide
this service for the City of Dublin. Due to the magnitude of this
project, Book Publishing Company has indicated that it will take
approximately 1 year to complete the code.
Staff recommends that the City Council approve the agreement with Book
Publishing Company for codification services and authorize the Mayor to
execute the agreement.
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COPIES T0:
ITEM N0.
CC - "p.. 1 12/84
FINAL EDITING AND PRINTING OF ORDINANCES FOR THE MUNICIPALITY OF DUBLIN,
CALIFORNIA. PUBLICATION OF SEVENTY-FIVE (75) COPIES OF THE CODE, PLUS
SUPPLEMENT SERVICE.
1. PARTIES. The parties to this contract are Dublin, 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 cover complete final editing and publication of 75 copies
of the code in BPC 8j" x 11" two-column composer format. A sample
page showing the style is attached in this contract following the
signature page.
3. CHARGE FOR EDITORIAL AND PRINTING SERVICES
3.1. Base charge for 125-page code. . . . . . . . . . . . . . . . . . . . . . .$3350.00
3.2. Charge for. more than 125 pages, per page. . . . . . . . . . . . . 26.00
3.3. No Charge for Blank Pages
4. BINDERS
4.1. Standard BPC mechanical Loose-Leaf Binders:
10 - 24 binders, per binder. . . . . . . . . . . . . . . . . . . . . 21.00
25 - 99 binders, per binder. . . . . . . . . . . . . . . . . . . . . 17.00
over 99 binders, per binder. . . . . . . . . . . . . . . . . . . . . 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.
THE NEXT SECTION OF THIS CONTRACT SHALL BE SECTION 6.
6. MAP, DIAGRAM OR TABULAR PAGES
6.1. There will be an extra charge for each map, diagram or
tabular page of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15.00
6.2. This charge applies to the basic code and future
supplements.
7. FREIGHT CHARGES. F.O.B. - Seattle
8. SALES TAX.
If a state sales tax is applicable to this work, the amount of such
tax will be added to the costs quoted in this contract.
CC - 'p. 2 12/84
THE NEXT SECTION OF THIS CONTRACT SHALL BE SECTION 10.
10. PAYMENT SCHEDULE.
10.1. On signing of the contract, one thousand dollars ($1000.00)
is due for payment.
10.2. The balance of the total cost of the code is due on delivery
of the code books to the Municipality.
10.3. 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.
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.
CC -'p. 3 - 12/84
12. CODE EDITING: It will be the responsibility of the Company to
prepare the code manuscript for typesetting and printing by:
12.1. 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.
12.2. Excluding technical codes which have been adopted by
reference--e.g. , building, plumbing, electrical, and similar
technical codes--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.
12.3. Preparing and including in the code volume a table showing
the disposition of each municipal ordinance
12.4. Inserting catchlines for each individual section of the code
at the beginning of each section.
12.5. Preparing a table of contents for each chapter 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.
12.6. Preparing an historical citation showing its legislative
history and derivation for each section of the code.
12.7. Codifying only the substantive provisions of each ordinance;
provisions such as the title, ordaining clause and
attestation clause of each ordinance being omitted to the
extent permitted by law.
12.8. Editing, where necessary, the language of existing
ordinances by revising it into concise, modern and proper
language to delete apparent conflicts, ambiguities and
repetitious provisions. All substantive changes will be
submitted to the municipal attorney for approval.
13. 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.
CC - p. 4 - 12/81
14. 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.
15. PRINTING.
15. 1. Upon completion of the editorial and indexing work, the code
will be reproduced in Book Publishing Company's attached
page style.
15.2. The code is to be printed on:'
[ ] 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.
15.3. All labor and materials for the completed code will be
furnished by the Company.
16. 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.
17. SALE OF CODES.
The Municipality has exclusive rights to sell copies of the
completed codes and loose-leaf supplement material.
CC --p. 5 - 12/84
18. SUPPLEMENT SERVICE. "-
18.1. Annual editorial fee: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150.00
18.2 Basic charge per page: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 19.00
18.3. Supplements will be published as often as requested.
Supplement intervals may be changed at any time at the
request of the Municipality.
18.4. 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.
18.5. 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.
18.6. Supplements will be in the style and format of the original
codification.
18.7. 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.
18.8. 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.
19. 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.
CC -p. 6 — 12/84
20. LAWS OF WASHINGTON TO GOVERN.
This agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
21. 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.
22. 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 April 14, 1988
Book Publishing Company
A corporation
By -�1�j��C VPresident
and %� r.`." "''';, ,. Secretary
Accepted:
Date
MUNICIPALITY OF DUBLIN, CALIFORNIA
By
2.32.010
2.32.010 Term. city clerk and the mayor. (Ord. 12 § 3,
The city treasurer shall be elected for a 1959)
four-year term at the same time the
mayor is elected. If a vacancy occurs in 2.32.040 Receipts and warrants.
the office of city treasurer it shall be filled A. The city treasurer shall receive and
by the mayor with the advice and consent safely keep all money which comes into
of the city council, the person so his or her hands as treasurer, for all of
appointed to hold office for the unex- which he or she shall execute triplicate
pired term of the officer elected. He shall receipts, one to be filed with the city
receive such compensation as is set from clerk. He or she shall receive all money
time to time by ordinance of the city due the city and disburse it on warrants
council;provided however,the compen- issued by the clerk,countersigned by the
sation may not be changed during his mayor, unless the clerk, mayor pro-tem
term of office. (Ord. 12 § 1, 1959) or mayor is ill, on vacation or deceased,
then the deputy clerk shall sign in the
2.32.020 Bond. absent official's stead,and not otherwise.
The city treasurer shall give a bond in He or she shall deliver to the clerk the
such sum as may be required by the duplicate receipts for all money received
council, but the bond shall not be less and all cancelled warrants as evidence of
than the amount required by statute.The money paid.
bond shall be conditioned upon the B. The treasurer shall sign all trea-
faithful performance by the treasurer of surer's checks unless ill, on vacation or
the duties of this office,and to indemnify deceased,then the city clerk shall sign in
the city for any loss due to any neglect of the absent treasurer's stead:(Ord. 12§4,
duty or wrongful act on the part of the 1959)
treasurer. (Ord. 12 § 2, 1959)
232.050 Bank accounts.
2.32.030 Duties generally. The city treasurer shall be responsible
A. The city treasurer shall receive all for setting up all bank accounts for the
money paid into the city, either directly city, shall make all monetary deposits at
from the person, paying it, or from the the banks and savings and loan associa-
hands of such other officer as may receive tions and shall keep the books and
it. records of each and every monetary
B. He shall keep records showing all transaction dealing in the funds of the
money received by him,the source from city. (Ord. 12 § 5, 1959)
which it was received, and the purpose
for which it was paid out. 232.060 Annual budget.
C. He shall keep a separate account of The city treasurer shall also assist in
each fund or appropriation,and the debts the preparation of the annual budget and
and credits belonging thereto. shall submit to the mayor an itemization
D. He shall pay out money only on of all receipted revenue for the preceding
vouchers or orders properly signed by the year and, in order to comply therewith,
53
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(,'ornpany
l'ahli:iu r
"f Buukd and
C,,dri for Gover4MRi6/
arul the b- al!'rgfessiae.
December 8, 1988
Ms. Kay Keck
Dublin City Clerk
P.O. Box 2340
Dublin, CA 94568
Dear Ms. Keck:
This letter is to confirm that the prices quoted in our proposal for codification dated
April 14, 1988, shall be in effect through December 31, 1988.
Sincerely,
Donna Christensen
Customer Relations Director
sdf/dublin.ddc
201 W,--shake Avenue:North
raulr,11'':1
Telephone.
1-R1k1-53 7-7881