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R95-055RESOLUTION NO. R95-,~ A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CiTY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN LEGAL PUBLISHING CORPORATION, PROVIDING FOR SOFTWARE FOR ORDINANCE CODIFICATION, MINUTE PREPARATION AND INDEXING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has need of computerization of its existing ordinances and resolutions, as well as other optional related services; and WHEREAS, proposals were received from four publishing corporations with complete demonstrations of the software programs presented; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and American Legal Publishing Corporation, providing for software for ordinance codification, minute preparation and indexing, said Agreement being attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT= Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and American Legal Publishing Corporation, providing for software for ordinance codification, minute preparation and indexing, said Agreement being attached hereto as Exhibit "A" ~ That this Resolution shall effective immediately upon passage. PASSED AND ADOPTED this / day of April, 1995. become CITY OF BOYNTON BEACH, FLORIDA Vice Mayor ATTEST: C±~y Clerk M~ ~yor Pro Tem ~mml~ ~ioner / (Corporate Seal) Authsig.doc A~.Leg. Pub/Clerk 3/28/95 TO: MEMORANDUM #95-38 Mrs. Carrie Parker City Manager III. CONSENT AGENDA C.5 cc: Data Processing DATE: March 23, 1995 FROM: Sue Kruse City Clerk April 4, 1995 City Commission Agenda Please place the attached resolution on the April 4 City Commission agenda for approval to execute an agreement with American Legal Publishing Corporation. This agreement covers the software for ordinance codification, minute preparatioh and indexing. It is part of the computer network s~stem approved for City Hall at the January 3, 1995 meeting and included an the 1994/95 approved budget. Proposals were received from four publishing corpora- tions with complete demonstrations of the software programs presented to this department in conjunction with the Data Processing Dept. emplOyees. After thorough consideration of the proposals and presenta- tions, it is recommended that American Legal supply the software as our needs will be met completely within the budgeted amount. sk Att. RESOLUTION NO. R95-3"~~' ~A RESOLUTION OE THE CITY COMMISSION OF THE CITY OF BEACH., FLORIDA, AUTHORIZING AND ING THE MAYOR AND CITY CLERK TO AN AGREEMENT BETWEEN THE AND AMERICAN LEGAL [ON, WHEREAS, the City of Boynton Beach has need of computerization of its existing ordinances and resolutions, as well as other optiona~ related services; and WHEREAS, proposals were .~eceived from four publishing corporations with complete deme~strations of the software programs presented; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and American Legal Publishing Corporation, providing for sOftware for ordinance codification, minute preparation and indexing, said Agreement being attached hereto as Exhibit NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT= ~. ~ The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and American Legal Publishing Corporation, providing for- software for ordinance codi~iication, minute preparation and indexing, said Agreement being attached hereto as Exhibit "A". ~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this day of April, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) Authsig .doc Am. Leg. P~b/Clerk Tattooing indi~,~ual towels or gauze shall be used in preparing · the site to be tattooed, .and properly disposed of after use on each patron. (Ord. passed I-6-92) 3.38 STENCIL FOR TI~qAvSFEP. RI~G DESIGN. The stencil for transfen'ing the design to the skin shall be thoroughly cleaned, rirumcL and sterilized in a germicidal solution approved by the local Health Departmen! following each use and shall be maintained in a clean, sanitary condition. (Ord. passed 1-6-92) 3.37 TA'rTCX3~G PROCEDURES. (A) No tattooing shall be practiced on the person of any individual who is obviously under the influence of intoxicating liquor. (B) No tattooing shall be done on the head, neck, or hands. (C) No tattooing shall be done on sl~n surface that has rash, pimples, boils, infectiOns, or manifests any evidence of unhealthy conditions. (D) No sl~ area shall be penetrated, abraded, or treated with chemicals for the purpose of removing, camouflaging or alte~lg any blemish, bL"thmark, or scar. No cosmetic tattoos allowed. (E ~.~Tlly petrole, um jelly in collapsible metal or plastic tubes or its equivalent, as approved by the Health Authority, shall be used on the. area to be tattooed and it shall be applied with sterile gauze. (F) The use of styptic pencils, alum blocks, or other solid styptics to check the flow of blood is prohibited. (O) Single-service or individual containers of dye or ink shall be used for each patron and the container therefore shall be discarded immediately alter completing work on a patron and any dye in which the needles were dipped shall not be used on another person. (H) Excess dye or ink shall be removed from the skin with an individual sterile sponge which shall be used only on one person and then immediately discarded. (I) After completing work on any person the tattooed area shall be washed with sterie gauze saturated with an antiseptic soap solution approved by the Health Authority, or a 70% alcohol solution. The tattooed area shall be allowed to dry and petroleum Jelly from a collapsible or plastic tube shall be applied, using sterie gauze. A sterile gauze dr__m~_Ag shall then be fastened to the tattooed area with ad.hes~Ye. 00 A set of needles sterilized as provided in § 113.39, or a disposable set shall be used for each patron or customer. COrd. passed 1-8-92) 113.38 INSTRUCTIONS FOR CARE OF SEIN~ TATTOOIN(3. _ Written instructions, approved by the Health -Authority, shall be given to each patron or customer on the care of the tattooed site to prevent infection after each tattooing, A copy of these instructions shall also be posted in a conspicuous place in the tattoo estabLLqhment, clearly visible to the person being tattooed. (Ord. passed I...6-92) 3.39 STEPW.~J, TION OF EOUIPMENT. Each tattoo establishment shall be equipped with an autoclave approved by the Health Authority. An approved method of determining whether proper sterilization has taken place, such as indicator tape, shall be used. Instruments used in tattooing shall be sterilized following use on an individual patron &nd prior to use on another patron. Needles used in tattooing shall be sterilized by cold and by autoclave methods. Needles, if not .hnmedtately used, shall be stored in sterile containers. The open end of the needle tube of the tattooing machine shall be cleaned and sterilized in a similar method after each use. (Ord. passed 1-6-92) The premises inside and outside shall be kept clean and free of ven~in at all times. There shall be no fly or mosquito breeding places or rodent harborage on the premises. Reptiles, birds, or other domesticated house pets shall not be allowed in the establishment. Obsolete afliclmend other litter shallnot be permitted to accumulate on the premises. None of the operations Il ! il ii II (2) Whenever the Director of Tral~ Control has erected and installed any official tr~c control device at any location within the city, or has caused the same to be done under Ms direction, he shall the City stating the type device, and The City Secretary shall and rn~-Ltain such ' with the offic~ papers of the of~e of the City Secretary. S:70.18 PT-J~C~i~ AND MA~N'I~CE OF DEVICES. ThE under the city and the laws of th/s state or to gu/de or warn traffic. ('84 Code, §. 8-2,~.) (Ord. 164, passed 4-6-81) he mal~'~ m ! the II II II ,i !1 II II § TO20 PROHIBITING COMMEItCI~ AI~.~'r~,4'G ON DEVICES. No person shall place or :mahtain nor shall any public author/ty permit upon any highway, street or alley any tra~c sign or signal beating thereon any commercial advertising. This section shall not be deemed~ to prohibit the erection upon private property adjacent to highways, streets or alleys of signs g/vin~~ direc~nal information and of a type that cannot be mistaken for official tr~f~n control devices. Every such prohibited sign, signal or mark/ng is hereby declared to be a public nuisanc-~and the Chief of Police is ihereby empowered to remove the same or caUSe it to be moved with nol ~. ('84 Code, § 8-~.-8) (Ord. 14 pused 4-6.81) Pen~ty, see § ?0.99 ~ TO21 ~ OR AI~TER~TION OF DEVIC2S. It shall be unlawful for any person without lawful authority to attempt to or in fact alter, deface, injure, knock down or remove any official tr~f~n control device, sign or signal or any railroad sign or signal or:any ~ription, shield, or insignia thereon, or any part thereo£ ('84 Code, § 8-2.9) (Ord. I64. passed 4-6-81) Penalty, see § ?0.99 § 7022 PI~MA FACIE PROOF OF FAILUI~ TO OBET. In any prosecution for fa/lure to obey a tra~c control device or in any prosecution for -,,iolation of this subchapter, or any other traffic ordinance of the city, proof that a traffic control device was actually in place on any street shall constitute prima facie evidence that the same was installed by the Director The transmitzal of this Agreement to Munidpality unexecuted by Municipality is an offer by Publisher to perform the stated services at the price and upon the te,_rms' and conditions referenced in the Codification Agreement shall be subject to acceptanC~'"by Publisher s receipt of the agreement executed by Municipality no later than March 31, 1995 unless such date is extended in writing by Publisher. IN WITNESS WHEREOF the parties to this contract have hereunto set their hands on the date(s) indicated: IN THE PRESENCE OF: THE MUNICIPALITY OF: BY TITLE DATE IN THE PRESENCE OF: AMERICAN LEGAL PUBLISHING o ,o =oN Stephe~a W~f G. TITLE: President DATE: PAGE ,4' IH. EXERCISE OF OPTIONS. The Municipality, bythe initials of the person executing the agreement on_. its behalf, exercises the following options: INITIAL (I) (4) (8) (9) (lO) (11) (12) (13) (14) (15) 0.6) (17) Folio Search and Retrieval Software. Network licensing fees. Number Il. Folio (Infobase Production Kit). Code on WordPerfect. -- Supplementauon of C~ty uncodified ordinances. Exhibit Installation and Training Expenses for the City's Minutes Date: 3/23/95 Printed cop~es of your caty code. Number single column (Exhibit A) Printed copies of your city's code. Number - ~ dual column (Exhibit B) Hardcover leather-like 3 ring binders. Number - Hardcover leather-like swing-hinge binders, Number .. Hardeover leather-like 3 Post binders. Number . Vinyl 3 ring binders. Number .. Tab section dividers. Number ,. Yearly Supplementation of Code on Folio VIEWS Quarterly'g~pplementation of the Code on Folio VIEWS Bi-annual supplementation of the Code on Folio VIEWS Installation and Training for the Code of Ordinances on Folio Date: To be Determined by City PAGE Deliver to the Municipality one copy of the Code on 3.5" diskettes in Folio VIEWS 3.1 format for a Windows environment. Deliver one copy of the Folio VIEWS 3,1 Infobase Production Kit. The number of user licenses will be determined by the Mu ,v:icipality. Provide toll-bee telephone support to the Municipality through Boynton Beach's Management Information Systems Department or City Clerk, s Office. provide an outlet for the Municipality to purchase future upgrades in Folio Views as the manufacturer makes them available. Reasonable prices will be mutually agreed upon at the time of purchase. Il. THE. MUNICIPALITY SHALL: (1) (2) Make available copies of all material necessary to complete the codification process. Pay to the Publisher the following rates for its services, if the municipality so chooses in Exercise of Options (Section m): Code in Folio search and retrievable sOftware ~$ 2,995.00 '" (includes two users) Network Licensing Fee (excluding original user) $ 50.00 per user Folio VIEWS Infobase Publisher's Kit $ 895.00 (includes one user) Code on WordPerfect (one copy) No additional charge Yearly Supplement of printed ordinances(per page) $ 18.00 single column/22.00 Dual column Installation and Training for Minutes $ 295.00 per day Printed copy of Code (Exhibit A) Printed copy of Code (Exhibit B) 3 ring leather-like hardcore binder Hardcover leather-like swing-hinge binder Hardcover leather-like 3 Post binder 3'ring vinyl binder 5ectio~Tab Dividers Ye~ly Supplementation of Folio Qu~erly SupPlementation of Folio Bi-annual Supplementation of Folio Installation and Training of the Code on Folio These fees are payable as follows: 45.00 per copy -- 45.00 per copy 20.00 per binder 24.00 per binder 20.00 per binder 10.00 per binder 14.00 ~ set 395.00 per supplement 195.00 per supplement 295.00 per supplement 295.00 per day Fifty percent (50%) of fees are due within 30 days after the contract is signed and the submission of an invoice. Fifty percent (50%) of fees are due at the completion of the project and after the submission of invoice. Additional charges for excess pages or training and installation within 60 days after completion and submission of final invoice. PAGE 2, ! I I American Legal Publishing Corporation 432 Walnut Street, 12th Floor Cincinnati, Ohio 45202 CODIFICATION AGREEMENT City of Boynton Beach -- 100 East BOynton Beach Boynton Beach, Florida 33425` I ! ! I I ! I I I ! I ! I I March 6, 1995 WHEREAS, the City of Boynton Beach, a munidpal corporation in the State of Florida (hereinafter referred to as "Municipality"), has need of cOmputerization of its existing ordinances and resolutions, as well as other optional related services; WHEREAS, American Legal Publishing Corporation, (hem~nafter referred to as Publisher), an Ohio Corporation, desires to perform tach services for Municipality; NOW THEREFORE, in consideration of the mutual benefits to be derived from entering into and performing this Agreement and the mutual promises and covenants contained herein, the parties agree as follows: I. THE PUBLISHER SHALL: (1) Electronically record the current Code of Ordinances by scanning into WordPerfect format; (2) Review all scanned material for errors; (3) Make changes to correct typographical and spelling errors. No reorganization or mbstantive changes in the wording or in the ordinances will be made. (4) Store the entire ~2ode of Ordinances (hereinafter referred to as 'Code") using state-of-the-art, IBM- compatible personal computers in a high-speed networked environment. The Code will ~ ....... maintained on-line, giving immediate access for ~uture Code updating. (5) Confer with the Municipal Attorney during the course of the project, whenever the Publisher or Municipal Attorney considers a conference necessary, to review the Publisher's work. If on-site conferences are requested by the MuniciPality which require the travel of a member of the staff of PubliSher, then the MuniciPality shall be advised whit the additio~1 cost, if any, for such conference will be. (6) Deliver to the Municipality, within 60 days from receipt of the materials deemed necessary by the Publisher to begin the project, a set of 3.5" diskettes in WordPerfect format comaining the Code. If the municipality chooses to supplement the uncodified ordinances, the Municipality and Publisher will determine a reasonable time frame for completion of work. I PAGE AMERICAN LEGAL Publishing C~orporation 1-800-445-5588 March 6, 1995 Ms. Lynn Drew Myers Microsystems Analyst City of Boynton Beach 100 East B~ynton Beach Blvd. ' Boynton Beach, Florida 33425-0310 . Dear Ms. Myers: , Thank you for considering American Legal Publishing for your recodification project. We re all verY excited and looking forward to working with you all on this project. I hope Rick Baltzersen was able to answer all your questions. I have enclosed two originals of our prgposal to scan Boynton BeaCh's Code of OrdNances and place it into Folio VIEWS software. - · Once the materials deemed necessarY are turned in, it will take 60 days to complete the scanning, and Folio VIEWS project. However, the Minutes will be started around two weeks of receiving the contract or ~urchas'e Order. I have made the changes in the contract that you discussed with RiCk. If I've left anything out of the contract or if you have any other questions, please let me know. :' ""~' Sincerely, Richard C. Frommeyer Codification Consultant I I I 1-800-445-5588 Corporate Office 12th Floor · 432 Walnut Street · Cincinnati. Ohio 45202 1-513-763-3652 (FAX} Folio VIEWS® PropoSal City of Boynton Beach~ FlOrida I I I I I I I American Legal Publishing COrporation 432 Walnut St. Cincinnati, Ohio 45202 Richard C. Frommeyer Codification Consultant 1-800-445-5588