HomeMy WebLinkAboutGeneral Code Publishers I
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PROFESSIONAL SERVICES CONTRACT
between
{ GENERAL CODE PUBLISHERS CORP.
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TOWN OF SOUTHOLD. NEW YORK
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' Section 1. General provisions.
This contract provides for the performance and delivery by.General
j Code Publishers Corp., in return for the consideration stated herein,
of the specialized professional services 'required to" review, maintain _
and update the legislation and code of the Town of Southold ,
having been entered into between the Town of Southold , in
the County of Suffolk, State of New York,
i` hereinafter termed "Municipality," and General Code Publishers Corp. ,
hereinafter termed "Publisher,"whose principal'office is located at
Spencerport, in the County of Monroe, State of New York, as per resolution
"a authorizing the contract passed by the governing body of the Municipality.
The services provided herein encompass, but are not limited to, the
editorial capability to consult with and advise the various departments
of the Municipality, the Municipal Counsel and the governing body and
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to review, prepare`.,, analyze, stylize, s stle—matize, edits ^pyr?ad, _
compose, proofread,, publish and distribute according to a system the
necessary materials to supplement the code of the Municipality, as
more specifically set forth hereinafter.
fSection 2. Definitions.
�{ Certain words and phrases, as used herein, being of a specialized
F nature to the work involved, shall have the following meanings: i
CODE - The code of the Municipality, as compiled, updated, revised,
amended or supplemented, containing the systematic compilation r
of the legislation and any appendix, indexor other reference,
materials, as accumulated, organized, systematized, numbered,
` coLposed, printed, bound and thus published.
of
{�{ LEGISLATION — Thegeneral and permanent administrative and
It and" regula—
tory ordinances, '.aca', 1 s, bylaws-; e�olutyoas, "rules, .regvla.aons
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or charter (where applicable) adopted by the Municipality's governing
.� body, excluding the texts of standard regulations adopted by reference
(e.g. , a model fire code) or restatements of statutes or laws
;{ adopted by another governmental unit.
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APPENDIX That part of the code, and the material contained therein,
which includes and consists of rules, nonregulatory legislation, ?'
i resolutions, etc., established other than as legislation as defined i
..above, or other pertinent material,`,published as a part of. the Ir
code or a supplement at the request of the Municipality.
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SUPPLEIIENTATION` - The editing; composing and publishing of amend-
ments, changes,
mendments, .changes, deletions or additions to the code- necessitated by -
legislation of or affecting the Municipality, or resulting from
changes in appendix, index or other reference material, in such a
manner that the system and content of the code.are maintained and
Kept current by the inclusion of said legislation and appendix, .
f index or reference material in the code,
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PAGE Any one (1) side of, a leaf, the size of the single leaves in
t the code, in or to be included in the code, or in a supplement, upon
whish there is any printed matter as published by the Publisher.
: Section 3. System and style.
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i The code contains the legislation in a specific system and style as `
used when the legislation was codified and published.- In addition to
I the legislation, the code contains material derived from the legislation
(f but prepared by the Publisher, such as a table of contents, chapter _,
y, schemes, footnotes, cross references, general references, histories and
jan index, and may also contain. certain other appendix and/or reference
d material. .The contents of the code, both textual and physical, are
lorganized and numbered in such specific system and style to enhance the
; usability of the code and, through periodic and regular supplementation,
; to maintain the code as a continually current statement of the legisla-
tion o€ the Municipality. In theperformance
ror services under this
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t, the Publisher shall, when preparing supplementation, maintain
z the continuity of system, style, organization and numbering used throughout
ti the code,
�lSection 4. Methods and procedures.
A. The Municipality shall provide the Publisher with copies of the r
minutes and proceedings of the governing body's meetings as soon '
as they are prepared following such meetings, and one (1) copy i
of every ,piece of legislation in the form, language and format
in which adopted and filed.
B. The Publisher "scall examine the minutes and proceedings and d
1 legislation upon receipt to determine and extract therefrom
I the legislation that is to be included in the code via sup_pl4j
1 mentation.
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C. The Publisher shall prepare supplementation on a regular schedule,
or on a schedule to be determined, containing changes to the. code
necessitated by the legislation, as well as changes to the table
( of contents, chapter schemes, footnotes, cross references,
general references, histories, supplemental index, appendix and
other contents of the code as are necessary. The index shall be
revised, incorporating the supplemental index, whenever deemed
necessary by the Publisher inconjunction with the supplementa-
tion, of the code.
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ri D. , In preparing supplementation, the Publ'isher's editors shall read
and review the legislation, comparing it with the entire code,
4 x and note any conflicts, inconsistencies, errors and/or differ-
ences with the content, system and style of the code which they
1 !; may find. After noting any of the above, the editors may contact
the'runa cipality's Counsel to resolve any problems before
proceeding.
E. The Pub7:isher's editorial staff shall read and review, as described
above, the legislation to be contained in the. sup plamentation being
t prepared,, shall organize and number the legislation to conform
I to the code, shall copyread the legislation to systematize and ,
ill stylize it as required in Section 3 hereinabove, and during
and following typesetting shall read the supplementation pages i
being prepared to ensure that the .pages as finally, published
reflect accurately the legislation as enacted by the governing
j body* and maintain continuity and consistency within the code.
The copy as typeset and organized into pages, and the pages
as numbered, shall be proofread to ensure that the editor's
t instructions are followed. Thereafter, the editorial staff
jF shall read the completed supplementation pages, place a copy
thereof in the Publisher's master copy of the code, and check
;( the consistency and continuity thereof before delivering the
copies of the supplementation pages to the Municipality. . The
completed supplementation graphically shall correspond to the
Printing style and format used i�: the code and recent sup-ple
mental pages.
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Section 5. Specialized services.
Zn conjunction with the supplementation of the code, the Publisher
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shall make available to the Municipality the following services:
A. Upon request from the"Munici Municipality, the Publisher will assist
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in the analysis and development of code amendments and i
j additions, consult with and/or assist the Municipality's Counsel
and/or other departments of the Municipality in the preparation
of legislation and comparison of it with the code, supply
sample legislation and report to the Municipality on conflicts, f
! inconsistencies, organization, numbering, system, style or
' format of the proposed legislation, pre-edit major new legis-
lation prior to adoption, and generally provide services to
aid the orderly development and maintenance of a comprehensive
;( and organized 'body of law.
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B. The Publisher wl l compare copies of the code in the possession of
the Municipality with the Publisher's master copy and make changes,
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or corrections as necessary to the Municipality's copy to ensure
that it matches the master and that supplemental pages have been
j properly inserted. One (1) copy of the code held by the Clerk and.
Municipal Counsel each will be updated without charge; other
copies will be updated at a charge to be quoted by the Publisher 1
at the time. 4
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C. The Publisher will prepare pamphlets or reprints of individual
f chapters or parts of the code, which are duplicates of those parts
of the code, so that individuals using the pamphlets will have the
{� text page-for-page as an individual using the code. Prices for
pamphlets prepared either in conjunction with a supplement or
otherwise,will be submitted to the Municipality by the Publishers
{ upon request.
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D. Additional copies of the; code will be made available to the
Municipality by reprinting the entire code upon request of the
Municipality. Prices for such will be submitted to the Munici
panty by the Publisher upon request.
E. Pups, charts, pocket parts, etc., which exceed,the capability of
the Publisher's printing equipment may be included in the code
at the request of the Municipality at an additional charge based
upon the cost to the Publisher for preparing such.
j P. Upon the request of the Municipality. the Publisher will under-
take a complete and thorough review of the entire code, or,any
part thereof, working with the Ifimi.cipality's Counsel, in such
a manner as would be required by the Municipality for a complete
�{ recodification of the legislation.. Before doing so, the Publisher
will meet with the Municipality to discuss the review to be made,
establish the scope and depth of the service and submit a proposal
�- for fulfilling the needs of the Municipality, along with a price
for the worif extra charges are deemed necessary by the 114 she
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G. Variations from the Publisher's standard methods and procedures,
( including systemization, stylization and/or production 'schedules,
i desired by the Municipality must be requested in writing specify-
ing the exact nature of the desired variations. Such variations
may be adapted by the Publisher, with additional charges for
such variations, where deemed applicable by the Publisher and
j approved by the Municipality, to be paid by the Municipality.
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i Section 6. Municipal Counsel. !
In conjunction with the services rendered by the Publisher and the
i work of the .Municipality and Publisher required under this contract, any
n and all questions requiring legal advice or opinions, analysis of legis-
'ilati.on for legal sufficiency, interpretation of cases or statutes, etc.,
jshall be directed by the Municipality and the Publisher to the Municipality's
.r.'^.'unsei. In thisregard, any and all information. in the possession of t a2
Publisher, including opinions, advice and recommendations reflecting the
{ knowledge and esnerience of the Publisher shall be made available to the
I'Municipal Counsel upon request.
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C ;ESection 7. Responsibility of Publisher.
The Publisher shall be .responsible for the correctness and accuracy
� of its work,,based upon the material and information supplied by the
Municipality, as reflected ie the, published code or supplementation
delivered to the Muaicipality. Regardless of the Municipality's accep-
tance of published materials when delivered, the Publisher shall correct
errors, found either by the Municipality or the 'Publisl%er, when the
succeeding supplementation is, prepared, The PutlI'sher's liability, for
all 'services shall extend only to the correcting of errors in the code
1 or supplementation, not to any acts or occurrences as a result of such
I errors, and only 'so long as this contract is in effect'.
} Section 8. Responsibility of Municipality.
The Municipality shall be responsible for the correctness and accuracy
tttFof the information it supplies to the Publisher, for providing the Publisher
;g with decisions and answers to questions and problems raised by the Publisher,
:> for the inclusion of sufficient funds in the municipal budget to pay the
€ Publisher for services, and for the prompt payment of bills as provided
,} herein. In order for the Publisher to adhere to production schedules and
imeat the delivery deadlines, it is necessary for the Municipality to
{ c6m...tumicate with and provide information. to the Publisher without delay;...
f. in this regard time is of the essence, and it is the responsibility of
l rthe Municipality to complete its work therein so as to avoid delay of
the Publisher's work.
Section 9. Number of copies of supplementation pages.
The Publisher will publish seventy-one (71) copies of the supplementation
pages for the Municipality, each of the sets to be labeled with s serial
number corresponding to the serial numbers of the codes and name; address, 4;
f title anal/or department of the individual holder thereof, each with an
instruction page describing how the pages are to be inserted in the copies
!, of the code, and ship or mail the sets to the Municipality or to the 6
!, holders of individual code volumes, as desired by the Municipality.
{ The Publisher will also supply copies of supplementation pages; to any
;a, libraries or state agencies to whom the Publisher has supplied copies
J €` of the code without additional charge to the Municipality.
ISection 10. Term.
1�i This contract shall cover the legislation adopted by the Municipality
since that most recently included in the code or in supplementation for the
code and including legislation adopted through December 31, 1952
This contract may, be extended on an annual basis for the years following
ithe above-stated term,:upon the mutual agreement of the Municipality and the .
j.Publisher, it being the purpose herein to maintain a continuity of service
?s to maintain the code. This contract shall not beterminated by either
:! party except upon notice of at least ninety (90) days preceding the
beginning of a calendar year.
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Section 11. - Costs of services.
A. Special services set forth. in Section 5 shall be performed as
set forth therein at the prices quoted by the Publisher at
the time.
B. Matter to be published' to be included in the code, in reprints,
in pamphlets or as a part of supplementation consisting of
j drawings, pictures, charts, maps, etc., requiring other than
straight-line cold-type composition, shall be charged at rates
based upon the costs incurred by the Publisher in preparing or
{ obtaining such natter.
C. The Publisher will deliver the supplementation and other services
FOB the Publisher's offices via USPS, UPS, motor freight, air
freight or whichever method offers the most efficient delivery at
the time. Delivery, handling, packaging, insurance 2nd/or
( shipping charges will be: prepaid by the Publisher and added to
the invoice/voucher for services to be paid by the Municipality.
$ D. Costs to the Municipality for supplementation services provided
? by the Publisher for legislation adopted during any one (1)
- calendar year and other appendix, index and reference materials
z included during any one (1) calendar year shall be at the standard
rate being charged by the Publisher at the time such services are
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rendered, except as Follows:,
1. For pages in excess of fifty (50) but less than seventy-six (76), '
there shall be a discount of five percent (5%) from the
?� Publisher's standard rate. i
2. For pages in excess of seventy-five (75) but less than
one hundred one (101), there shall be a discount of eight
percent (8%) from the Publisher's standard rate.
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I� 3. For pages in excess of one hundred (100) but less .than
one hundred twenty-six (126), there shall be a discount of
Ei ten percent (10%) from the Publisher's standard rate.
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4. For pages in excess of one hundred twenty-five (125), there
F shall be a discount of twelve percent (12%) from the Publisher's
i standard rate.
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Section 12 3'm Payment procedures.
The costs shall be paid by the Municipality upon delivery of the
services or supplementation pages and submission of an invoice/voucher
by the Publisher. All payments shall be made upon receipt of the
invoice/voucher without discount nor the withholding of any portion of
! the amount for any 'reason. Interest not to exceed that allowed by law
k may be charged by the Publisher and shall be paid by the Municipality
upon any amounts not paid by the Municipality and thirty (30) days or
more past due.
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1 THE PUBLISHER HEREBY CERTIFIES that there is no intermediary, involved
be -ween the parties and that there are no state or federal taxes included
in any of the above charges.
j THIS CONTRACT COMPRISES the entire contract between the Publisher and
the ?Municipality regarding the Publisher's services for the effective
? .period of this contract.
S IN S+7ITNESS WIMREOF, both the Publisher and the authorized represents-
1 tine of the Municipality have hereuntosettheir official signatures, at,
it which time this contract shall take full force and effect..
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TOWN OF SOUTHOLD, NEW YORK
WITNESS
C L.S. L.S. .9 . . .
} �Tudith T. Terry (Uf11Yam R .Pell, SII
Southold Town Clerk TITLE Superq?sor, Town of Southold
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DATE . . , October. .., 19&1
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I GENTRAL CODE PUBLISHERS CORP.
�J WITNESS '
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a� DATE .. �0� 7- A. .. . .... . . . ....
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