RESOLUTION 93-20863 RESOLUTION NO. 93-20863
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE CONDITIONS AND SPECIFICATIONS TO BE
INCLUDED IN A REQUEST FOR PROPOSALS FOR
RECODIFICATION OF THE CITY CODE, AND FUTURE
SUPPLEMENTATION OF THE CITY CODE AND CITY
ZONING ORDINANCE AND ZONING DISTRICTS MAP.
WHEREAS, on May 5, 1993 the Mayor and City Commission approved
the recommendation of the City Manager and City Attorney that a
Request for Proposals for recodification of the City Code be
prepared; and
WHEREAS, the City Attorney and the City Administration have
prepared conditions and specifications for inclusion in said
Request For Proposals, attached hereto as Exhibit "A" , which also
includes provisions pertaining to publication of future
supplements to the City Code and future supplements to the City' s
Zoning Ordinance and Zoning Districts Map.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve the conditions and specifications to
be included in the Request for Proposals attached hereto as Exhibit
"A" and the City Attorney and City Administration are hereby
authorized to issue said Request for Proposals including these
conditions and specifications.
PASSED and ADOPTED this 2 8th day of July , 1993 .
ATTEST: 4 •
VICE- ► OR
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CITY CLERK
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FORM APPROVED
LEGAL
By -264-Ird---,<Z-
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CITY OF Iv1IAMI B
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 20--C5
TO: Mayor Seymour Gelber and DATE: July 28 , 1993
Members of the City Commission
FROM: Roger M. CarItcg(t44-;
City Manager
Laurence Feingold '/ < i
Attorney t o r n eY •J ���` �r►�f�
City
SUBJECT:
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RESOLUTION APPROVING THE CONDITIO SAND SPECIFICATIONS TO
BE INCLUDED IN A REQUEST FOR PROPOSALS FOR
RECODIFICATION AND SUPPLEMENTATION OF THE CITY CODE BOOK,
AND FOR THE REPRINTING AND SUPPLEMENTATION OF THE
COMPREHENSIVE ZONING ORDINANCE AND ZONING DISTRICTS MAP
JOINT LEGAL AND ADMINISTRATIVE RECOMMENDATION:
The City Attorney's Office and the Administration request that the
City Commission comment on the conditions and specifications in the
attached draft of the Request for Proposals (RFP) , and recommend
that the City Commission adopt the Resolution approving the
conditions and specifications in the draft (including any
modifications made by the Commission) of the Request for Proposals
for:
1) recodification, and
2) supplementation of the City Code Book, and
3) reprinting and supplementation of the Comprehensive Zoning
Ordinance and Map (provided that the City Commission may
elect to award this third project to a different company) .
BACKGROUND AND ANALYSIS:
1) Recodification: On May 5, 1993 the City Commission authorized
issuance of an RFP for complete recodification of the City Code
Book. A draft containing proposed conditions and specifications of
the RFP is attached for your review and comments prior to
finalization and issuance.
Recodification is the process of readopting ,and republishing the
City's Code of ordinances in revised form. Revisions can be as
simple as reformatting, or may include content revision (deletion
of obsolete provisions, and redrafting of provisions in keeping
with the needs of current lifestyles, business practices and
applicable State laws, regulations and current case law) .
Municipalities and Counties often utilize the services of
professional companies which specialize in recodifying government
codes. Because most government codes contain similar provisions
and are subject to the same Florida laws, there is economy in
utilizing the legal analysis provided by such companies. The
companies can offer this service at a cost which is nominal when
compared with the cost in attorney time in having the City
Attorney's Office research individually each provision of the Code.
Additionally, use of this service enables the recodification to be
fast-tracked by eliminating years of research time.
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AGENDA
ITEM
3
DATE
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The process of reviewing and rewriting a Code of ordinances is
complex and requires both administrative and extensive legal
expertise. Prior to presenting the proposed new code to the
Commission for republishing, the entire document must be
painstakingly proofread. The County only recently completed a five
year process of Code reformatting which was not substantive
recodification.
In addition to the reformatting, substantive recodification,
printing, binding and distribution of code books, these companies
generally offer other services including supplementation.
2) Supplementation of the City Code Book: Even after the
recodification is completed, there will occasionally be a need to
adopt ordinances which amend the Code. Amendments to the Code of
ordinances are periodically published as a supplement to update the
Code Book. The on-going task of publishing and indexing
supplements is related to the recodification project. For
continuity and consistency in publishing the supplements we
recommend that the task of supplementation of the City Code be
included in the scope of the RFP for recodification.
The Administration currently distributes/sells both the City Code
Book, and the supplements which are editorially reviewed, indexed,
typeset, and published by a professional company. We recommend
that the RFP include provision for the distribution of the
supplements by the professional company which publishes them. This
would be more efficient than having boxes of the supplements
shipped to City Hall for subscribers, individual subscriber
invoices prepared and mailed by City staff, individual payment
checks processed for deposit, and finally to individually repackage
and mail each supplement.
3) Reprinting and supplementation of the Comprehensive Zoning
Ordinance and Zoning Districts Map: The Administration currently
prints and distributes/sells copies of the Comprehensive Zoning
Ordinance and Zoning Districts Map, and supplements which contain
recent amendments. The Administration believes that it may be more
cost effective for a professional company to reprint, sell and
distribute copies of the Zoning Ordinance, Map, and future
supplements. A provision for this service has been included in the
RFP.
CONCLUSION:
The City Code is in need of recodification and you have recently
authorized issuance of an RFP for the project. As drafted in the
RFP, the recodification process would take up to 24 months to
complete.
The related, on-going project of supplementation of the City Code
and distribution of the supplements would initially have a five (5)
year contract term with an option to renew for an additional two
(2) year period, on a period by period basis, subject to escalation
provisions contained in Part IV of the Specifications.
The Zoning Ordinance/Map project is similar in function to the
second project, and there may be some desirability in having one
professional company deal with for all three projects. If the City
Commission approves the conditions and specifications, and
authorizes the issuance of an RFP for all three projects, we
recommend that the Commission reserve the option of awarding the
bid for the Zoning Ordinance project to a different company than
that selected to do the City Code projects, based on a review of
the bids which are submitted.
The recodified City Code Book, like our current City Code Book will
include the City Charter, Related Laws and Code of Ordinances. The
current Code Book is printed on 63/4" x 9" paper. The small paper
size results in a very thick book. This RFP provides for a new Code
Book to be printed on 82" x 11" paper. Dade County and many
9. 1 1
municipalities use the larger format which has the advantage of
reducing the total number of pages. The RFP contains two bidding
options: "D-3 ring" in a polyvinyl binder, or expanded 3-post in a
leatherette binder so the City can compare costs and choose one
type or order some of each to fit different needs.
RMC:LF:SWS:REB
Xr 14
SPECIAL CONDITIONS, TERMS AND PROVISIONS FOR
RECODIFICATION AND SUPPLEMENTATION OF THE CODE
BOOK OF THE CITY OF MIAMI BEACH, FLORIDA AND
FOR PRINTING AND SUPPLEMENTATION OF THE CITY' S
ZONING ORDINANCE AND MAP.
1. PURPOSE
The purpose of this Request for Proposals is to establish a
contract for recodification and republication, printing, binding,
supplementation and distribution of the Code book of the City of
Miami Beach, Florida and for printing and supplementation of the
City' s Zoning Ordinance and Zoning Districts Map.
2 . DEFINITION OF TERMS
For purposes of this Request for Proposals the following terms
shall have the following meanings:
Bidder: a person or entity submitting a proposal pursuant
to this Request for Proposals
Charter: The Charter of the City of Miami Beach, Florida, in
existence at the time this Request for Proposals is
issued or, if a new City Charter is approved by the
electorate of the City in November of 1993 , that
new City Charter
City: the City of Miami Beach, Florida
Code Book: the Code book of the City of Miami Beach, Florida,
including the City' s Charter, Related Laws and Code
of Ordinances, a general index and such other lists
and tables as described in the Specifications
herein
Codifier: the successful Bidder who enters into the Contract
defined herein for recodification and future
Supplementation of the City Code
Contract: the agreement executed by the City and the
successful Bidder based upon the terms and
Specifications as set forth herein for
recodification, republication, printing, binding,
supplementation and distribution of the City' s Code
Book and/or future printing, binding and
distribution of the City' s Zoning Ordinance and
supplements to it
EXHIBIT "A"
Recodify/
Recodification: Revising, reorganizing, editing, publishing,
printing, binding and distributing the Code Book of
the City of Miami Beach, Florida according to the
Specifications of this Request for Proposals
Zoning
Districts Map: A map of the City of Miami Beach indicating the
various Zoning districts as described in the City' s
Zoning Ordinance No. 89-2665.
Zoning
Ordinance: Comprehensive Zoning Ordinance No. 89-2665 of the
City of Miami Beach, Florida
3 . TERM OF CONTRACT
The contract will cover the City' s needs for recodification
and publication of the City Code, future supplementation of the
City Code and future printing, binding and distribution of the
City' s Zoning Ordinance and supplements to it as set forth below
for an initial period of five (5) years commencing with the date of
contract, with the City having an option to renew for an additional
two (2) year period, on a period by period basis, subject to the
escalation provisions contained in Part IV of the Specifications.
It shall be agreed and understood that the Contract shall be deemed
awarded and validly entered into when a written agreement is
executed by the City and the successful Bidder.
4 . SCOPE OF SERVICES - CITY CODE
The Codifier shall perform the following services, under the
direction of and subject to the approval of the City Attorney and
City Clerk:
a. Recodify, arrange, edit, review and revise ordinances
passed and adopted by the Miami Beach City Commission and
Special Acts as set forth in the Related Laws of the
City ' s current Code book for purposes of eliminating
ambiguities , obsolete provisions, unnecessary
duplications, illegalities, internal conflicts and
conflicts with State and federal law.
b. Review, revise, and create for inclusion in the Code Book
a general, comprehensive Index to the Charter, Related
Laws and Code of Ordinances.
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c. Print, bind, distribute and deliver the Code Books as
required by the City including the City Charter, Related
Laws, Code of Ordinances, the Index, and other lists and
tables as set forth in the Specifications.
d. Keep the recodification of the entire Code Book current
and print and distribute four (4) times annually
supplements to update the Code Book.
e. Maintain a subscription and distribution service for
printed and/or bound copies of the Code Book and portions
thereof as may be required by the City.
5. SCOPE OF SERVICES - ZONING ORDINANCE (OPTIONAL)
In addition to submitting a proposal for recodification and
supplementation of the City Code the Bidder may also submit a
proposal to perform the following services under the direction of
and subject to the approval of the City' s Development, Design and
Historic Preservation Services Department:
a) Develop and keep updated a master copy of the City' s
Zoning Ordinance utilizing the current format as set
forth in the Specifications.
b) Print, bind and distribute in accordance with the
Specifications copies of the City' s Zoning Ordinance as
requested by the City or other persons or entities.
c) Print and distribute four (4) times annually supplements
to update the Zoning Ordinance in accordance with the
Specifications.
d) Develop and keep current a base from which to produce
copies upon request of the City' s Zoning Districts Map.
e) Print and distribute copies of the City' s Zoning
Districts Map upon request.
6. COPY-RIGHT NOT INCLUDED
The Codifier shall not have the exclusive legal right (copy-
right) to reproduce, publish and distribute materials and items
covered by this Contract.
7 . QUANTITIES NOT GUARANTEED
The quantities as stated in the Specifications herein are
estimates included solely for the Bidder' s guidance and the City
does not promise or guarantee that such quantities will be required
3
or ordered during the Contract term. The estimated quantities may
be used by the City for purposes of determining the most responsive
bid meeting the Specifications.
8. QUALIFICATIONS OF BIDDER FOR THE CITY CODE
RECODIFICATION/SUPPLEMENTATION
In order for a bid to be considered hereunder, the Bidder must
have demonstrated and be prepared to further demonstrate the
following experience and qualifications:
a. Bidder must be presently engaged in and have a minimum of
five (5) years recent experience in the recodification
and publication of municipal/county codes and must be
currently providing a looseleaf supplemental service to
at least one such municipality/county.
b. Bidder must maintain and have maintained a full-time
editorial staff of no fewer than five (5) qualified
persons at present and throughout the five (5) years
immediately prior to submission of its proposal.
c. Bidder must be engaged in performing or must have
performed or have on its professional staff a person who
has performed recodification services for at least one
municipality/county in the State of Florida during the
ten (10) years immediately preceding submission of its
proposal .
d. Bidder must have the professional capacity to draft
revisions, codify, recodify, index, cross-index and
perform legal reviews and research as required by the
Specifications set forth herein.
e. Bidder must have the technical capacity or ability to
provide for the incorporation of newly enacted
ordinances, quarterly printed supplements to the City' s
Code book and to provide complete supplemental editions
of the Code book upon the City' s request as well as
copies of all previously published supplements, as
required by the Specifications herein.
f . Throughout the entire term of this Contract, Bidder shall
maintain an office in Dade County, Florida or, in the
alternative, shall maintain a toll-free telephone number
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by which City personnel may communicate with legal,
editorial and technical staff of Bidder. Bidder' s
editorial contact person and legal counsel must be
available for consultation immediately upon commencement
of this Contract.
In order for a bid to be considered hereunder for the Zoning
Ordinance/Map printing/Supplementation Contract, the Bidder must
demonstrate the following:
a) . Bidder must be presently engaged in and have a minimum of
five (5) years experience in printing codes, maps, etc.
for municipalities/counties.
b) Bidder must have the professional and technical capacity
to perform the work set forth as "Bidders Obligations" in
Part V of the Specifications.
9 . SUBMISSION REQUIREMENTS
Qualified firms interested in providing the services as
described herein are invited to submit a complete proposal for
consideration. Failure to supply and complete all required items
shall be sufficient cause for rejection of a proposal. The
proposal shall include the following:
a. Completion of forms in Part herein.
b. Bidder ' s affidavit. (as described in Part I, paragraph
2e of the Specifications)
c. Bibliography of similar projects including a description
of specific services performed, dates of projects and
references .
d. Listing of staff members who will participate in
performance of this Contract and resume for each such
person.
e. Submission of samples as required by Part herein.
10. SELECTION PROCESS; AWARD OF CONTRACT
The City Attorney and City Administration will review and
consider all complete and valid written proposals received timely.
Upon recommendations of the City Attorney and City Manager award of
the Contract shall be made by the City Commission to the most
responsible bid meeting the Specifications. In determining the most
responsible bid the following will be considered: price, delivery
5
v
of services, type of methodology used in recodification, quality of
product, experience and background of staff, proposed distribution
plan, technology to be used, completion time, etc. Final selection
shall depend upon successful negotiation of a Contract approved by
the City Commission. The City Commission reserves the right to
reject all responses on proposals if deemed to be in the City' s
best interests, in their sole discretion. No reimbursement will be
made by the City for Bidder' s costs in preparation of the Response
to this Request for Proposals.
Although it is the intent of the City to award a contract for
its entire needs to a single Bidder, the City reserves the right to
award the City Code work and Zoning Ordinance work to different
Bidders.
11. ASSIGNABILITY/SUB-CONTRACTING
The Codifier shall not assign, transfer, convey, sub-contract
or otherwise dispose of this Contract or of any or all of its
rights, title of interest herein, or its power to execute such
Contract to any person, corporation, or other entity without prior
written consent of the City.
12 . CONTRACT PRICES
All prices shall be quoted F.O.B. delivered to the City of
Miami Beach pursuant to the requirements of the Specifications
herein during the contract period unless otherwise provided in the
Specifications. The prices established herein shall be the maximum
for the term of this Contract, except where subject to escalators
or adjustments as set forth in the Specifications.
13 . VARIANCES FROM SPECIFICATIONS
Bidders must indicate any variances from the Specifications,
terms and/or conditions set forth herein, no matter how slight.
Unless variations are specifically stated in the submitted
proposal , it shall be agreed and understood that the bid shall be
construed to fully comply with all such specifications, terms and
conditions.
14 . SPECIFICATIONS
Specifications referred to herein are attached and designated
"City of Miami Beach, Florida City Code Recodification/
Supplementation and Zoning Ordinance/Map Printing/Supplementation
6
Bid Specifications" on and may be referred to as "The
Specifications" .
7
BID NO.
CITY OF MIAMI BEACH, FLORIDA
CITY CODE RECODIFICATION/SUPPLEMENTATION AND ZONING ORDINANCE/
MAP PRINTING/SUPPLEMENTATION BID SPECIFICATIONS
PART ONE - SUBMITTALS, QUALIFICATIONS
1. SUBMITTALS
Bidders must submit five (5) copies of their proposal, signed
in ink and sealed by authorized company or corporate officials.
Each copy must be complete and must include all requested forms,
samples and attachments.
2 . FIRM QUALIFICATIONS
Each proposal submitted must include the following:
a. Bidder ' s information form.
b. Public Entity Crimes form.
Any person submitting a proposal or letter of interest in
response to this invitation must execute the enclosed
form PUR 7068 , Sworn Statement under Section 287 . 133 (3)
(A) , Florida Statutes on public entity crimes, including
proper check(s) in the space(s) provided, and enclose it
with his proposal or letter of interest. If you are
submitting a proposal or letter of interest on behalf of
dealers or suppliers who will ship commodities and
receive payment from the resulting contract, it is your
responsibility to see that copies of the form are
executed by them and are included with your proposal or
letter of interest. Corrections to the form will not be
allowed after the proposal/letter of interest opening
time and date. Failure to complete this form in every
detail and submit it with your proposal/letter of
interest will result in immediate disqualification of
your proposal/letter of interest.
c. Bibliography of prior and current projects similar to
this proposal including a description of specific
services performed, duties, and references along with the
names and addresses of contact persons familiar with the
projects .
d. A list of staff members who will participate in the
8
performance of this Contract and a resume for each such
person including:
(1) Duties to be performed by staff member
(2) Number of years and nature of past experience on
such projects
(3) Past employers, dates of employment, positions held
(4) Educational background and degrees held from
educational institutions
(5) References, with names and addresses of person' s
familiar with past performances.
e. Bidder ' s affidavit affirming that Bidder has carefully
examined the Specifications and the existing Code
Book/Zoning Ordinance/Zoning Districts Map and is
informed as to all conditions and requirements that may
affect the work to be performed under this Contract in
any manner. After bids have been submitted, no
allowances will be made on account of lack of knowledge
of such conditions. Any Bidder wishing a site visitation
appointment and/or additional information regarding the
Specifications and requirements of this Request for
Proposals may contact:
Natalie L. Tooks
Office of the City Clerk
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7411
3 . TECHNOLOGY TO BE USED
Identify the technology (equipment/system) to be utilized in
the development and formatting of the Code Book/Zoning
Ordinance/Map. Include a description of the proposed comprehensive
work-plan for completion of the recodification of the City Code
Book and continued supplementation to the Code Book/Zoning
Ordinance/Map. Current and future capabilities of the technology
utilized by the Bidder and its work-plan may be considered factors
in selection of the successful Bidder.
4. TIME FOR COMPLETION OF CITY CODE RECODIFICATION
The Bidder must state the number of days from the date of
receipt of the purchase order and all materials necessary to begin
the recodification process, (excluding the time when the manuscript
9
is in the City ' s possession, ) in which Bidder will guarantee the
completion of the work. Time for completion of recodification may
not exceed twenty four (24) months and may be considered a factor
in evaluating Bidders.
PART II - CITY CODE CODIFIER' S OBLIGATIONS
If selected as City Code Codifier, the Bidder proposes to do
the following under the supervision of the City Attorney and City
Clerk:
1. LEGAL RESEARCH AND REVIEW
The Codifier shall assign an attorney to do the following:
a) State Law. Research the existing City Charter, Related
Laws and Code of Ordinances and amendments thereto
enacted prior to the typesetting of the final proofs
referred to in Part II , paragraph 3f against state and
federal law, to identify inconsistencies, conflicts and
preemptions.
b) State law references. Update all state law references
and append new references as necessary.
c) Case Law. Research the provisions of the Code of
Ordinances and Related Laws against federal and state
appellate case law as reported in Shepard' s. Any
judicial decision calling into question the validity of
an ordinance to be included in the proposed Code Book
shall be called to the attention of the City' s attorney.
d) Charter. Research every ordinance to be included in the
Code Book against the City' s Charter and Related Laws.
Conflicts and inconsistencies with, and preemptions by,
the Charter and Related Laws will be brought to the
attention of the City ' s attorney. Additionally, the
Charter itself will be analyzed against state law and
appropriate explanatory notes prepared. Amendments, if
any, will be incorporated into the Charter.
e) Internal consistency. Research the provisions of the
Code and subsequent ordinances to determine if there are
inconsistencies or conflicts between existing provisions
or unnecessary duplication.
f) Report and conferences. Prepare a written report for the
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City' s attorney regarding all of the above and suggest
solutions/revisions to resolve inconsistencies,
conflicts, preemptions, ambiguities and illegalities.
Confer with the City' s attorney by telephone and at in
person conferences to discuss the report and proposed
revisions.
g) Implementation. The Codifier will implement all approved
revisions and perform rewriting and drafting as required.
The City' s attorney has ultimate decision making
authority for solutions and implementation.
h) Specific subjects. Recommendations will be made
regarding new legislation on specific subjects where
there is an obvious need.
2 . EDITORIAL WORK.
a. The Codifier will prepare the manuscript including the
following:
1) Proper phraseology. Concise, modern and proper
phraseology in a uniform style without
typographical, spelling, grammar and usage errors.
2) Chapter arrangement. Prepare, for City approval, a
proposed manuscript wherein each chapter of the new
Code shall include ordinances of the same subject
matter. Within the chapter itself, the ordinances
shall be arranged in an orderly and logical
fashion, to include articles and divisions as
necessary. Chapters, sections and page numbers
will be arranged to provide for future expansion.
Title arrangement may be desired by the City, which
will be discussed at the editorial conference.
3) Table of contents. This table will list the
chapters, articles and divisions of the Code,
giving the page number upon which each begins.
4) Chapter analysis. Each chapter of the new Code
Book will be preceded by a detailed analysis
listing the articles, divisions, and sections
contained therein.
5) Catchlines. Each section will be preceded by a
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catchline, which shall reflect the content of the
section.
6) History notes. A history note will be prepared for
each section of the new Code Book. The note will
indicate the source from which the section is
derived. If the section is derived from the
existing Code, the appropriate section of that Code
will be cited, together with amendatory ordinances.
7) Cross references and footnotes. Cross references
will be prepared to tie together related sections
of the new Code Book. Proper explanation will also
be made in the form of footnotes to relevant
provisions of the Code.
8) Charter references. Charter references will be
prepared to tie together related sections of the
Charter and new Code Book.
9) Comparative table. This table will list all
ordinances included in the Code Book in
chronological and/or numerical sequence, setting
out the location of such ordinances in the Code
Book. A table will also be prepared setting out
sections of the prior Code included in the new Code
Book.
10 . State law reference table. This table will list by
state law citation all sections carrying a
reference.
11 . Index. Prepare for approval of the City Attorney
and City Clerk a proposed comprehensive, general
Index to the City Charter, Related Laws and Code of
Ordinances.
3 . CONFERENCES, CONSULTATIONS, REVIEW OF PROOFS
a) The Codifier shall review the City Charter, Related laws
and Code of Ordinances and amendments, additions and
deletions thereto as supplied by the City. Within six
(6) months of the date of Contract, the Codifier shall
prepare and supply to the City a preconference report
containing its findings with regard to legal research and
12
• r
review as set forth in Part II , paragraph 5, and
reorganization of chapters as set forth in Part II,
paragraph 6. The report shall include recommendations
for remedying ambiguities, illegalities, conflicts and
preemptions as well as other recommended changes. The
Codifier shall also prepare a rough draft with the
recommended changes.
b) Within a reasonable time after receipt of the
preconference report, the City shall complete its review
of the report and a conference shall be held at the Miami
Beach City Hall during which the Codifier' s attorney
working on the project shall discuss the preconference
report and manuscript with the City' s attorney.
c) Within a reasonable time after the conference, the City' s
attorney shall inform the Codifier as to the City' s
decisions regarding changes suggested by the Codifier.
At this time the City may also forward to the Codifier
additional suggested changes and new additions, revisions
and amendments and proposed amendments at no additional
cost for inclusion in the Code Book. The Codifier shall
prepare the manuscript in the form of a preliminary
draft, to include the Index, within five (5) months of
receipt of the materials described herein from the City,
and the Codifier shall submit the amended draft to the
City.
d) Within a reasonable time after receipt of the amended
draft, the City shall complete its review of the draft
and notify the Codifier. The Codifier' s attorney shall
meet with the City ' s attorney at the Miami Beach City
Hall to discuss the draft. The City may make any and a l l
changes desired at no additional charge.
e) The Codifier shall make the final changes as requested by
the City. Upon receipt of the final draft the City shall
review it and notify the Codifier as to whether it is
approved. Upon receipt of approval of the final draft by
the City the Codifier shall complete all editorial work
and Codifier will notify the City in writing that the
13
Code Book manuscript is ready for typesetting and
printing. No additional ordinances will be included in
the Code Book manuscript subsequent to such notice.
f) Within four (4) months after the conference to review the
proofs, the Codifier shall furnish to the City final
proofs for review including the Index and all required
tables. The City may make word changes on the proofs
without charge; however, the City will be charged at the
per page supplement rate for each change or deletion
constituting more than one page of type.
g) The Codifier shall guarantee typographical correctness.
Errors attributable to the Codifier will be corrected
throughout the term of the Contract without charge to the
City.
h) The Codifier shall confer by telephone with the City' s
attorney and City Clerk during the entire course of the
recodification editorial work and legal research whenever
the Codifier or City' s attorney or City Clerk determines
that such conference is necessary to review the
Codif ier ' s work or to discuss proposed changes, additions
or deletions to the existing ordinances.
4 . PRINTING BINDING
When the final proofs are returned by the City or at the
expiration of ninety (9 0) days after their receipt by the City, and
in the absence of the notice of delay provided for in Part III,
Paragraph 2 above, the Codifier shall proceed to print and bind the
Code Book in accord with the following:
a) The text of the Code Book in ten-point type with boldface
catchlines;
b) The Index in eight-or-ten-point type, depending on the
page format;
c) The editorial notes and cross references in eight-or ten-
point type with boldface headings;
d) The specified number of copies of the Code Book, as set
out in hereof, on 50 lb. English Finish Book
Paper, or its equivalent;
e) The page size shall be 8 1/2" x 11" using either single
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column or double column as selected by the City.
f) Binding shall be in either D-3 ring or expanded post-type
binders, each with slide-lock fasteners, and with
imitation leather or cloth covers stamped in gold leaf,
as selected by the City. The unbound copies of the Code
Book, if any, will be punched and wrapped separately for
storage and eventual binding by the City. Additional
binders should be available for purchase at any time by
the City.
g) The Bidder will furnish, without additional charge,
separator tabs for the major portions of the Code for all
copies housed in mechanical looseleaf binders. The tabs
furnished will be in the standard format utilized by the
Bidder.
5. DELIVERY/DISTRIBUTION/STORAGE OF CODE BOOKS
a) Upon completion of the work as provided in Part II,
paragraphs 1-4 , the Codifier will ship the Code Books to the City.
At this time, the Codifier will furnish the City with a suggested
ordinance adopting the new Code of Ordinances. Once the Code of
Ordinances has been adopted, a copy of the adoption ordinance will
be sent to the Codifier so that it can be included in the Code
Book. It is estimated that the City will require approximately
copies of the Code Book.
b) Bidders shall submit options for distribution and storage
of the Code Books. The options should include details of plans for
and costs of distribution to the City and to other subscribers.
6. MAGNETIC MEDIA
The City may require the Codifier to furnish the Code on
diskettes for use by the City on personal computers. The disks
should be formatted for DOS 3 . 3 or higher with data in ASCII or
WordPerfect 5 . 1 or equivalents approved by the City. The Codifier
should submit specifications for special search and retrieval
software which is available from the codifier.
7 . CODE BOOK LOOSELEAF SUPPLEMENT SERVICE
a) SCHEDULE. After shipment of the new Code Book the
Codifier shall keep the Charter, Related Laws and the Code of
Ordinances up-to-date by the publication of Looseleaf Supplements
15
which will contain amendments of a general and permanent nature
enacted by the governing body. The Supplements will be published
four (4) times a year on a schedule to meet the requirements of the
City. Supplemental services shall begin immediately after the City
has returned the first proofs as set forth in Part II, paragraph
3d) of the Specifications.
b) ORDINANCES TO BE FURNISHED BY CITY. The City shall
forward to the Codifier the Charter and Related Law provisions and
ordinances to be used in the supplement service. The City shall
have the option to furnish the ordinances on disks for use by the
Codifier.
c) EDITORIAL REVIEW. A member of the Codifier' s editorial
staff will review the new ordinances in conjunction with the
existing provisions of the new Code. Pages containing provisions
that are repealed or amended shall be reprinted to insert the new
ordinances.
d) EDITORIAL NOTES. Appropriate editorial notes will be
prepared and appended to the new sections as deemed necessary by
the codifier.
e) INDEX AND TABLES. The Codifier will update the Index and
all Tables to reflect the new ordinances.
f) INSTRUCTION SHEET. The Codifier will furnish with each
Supplement a page of instructions for removal of the obsolete pages
and insertion of the new pages.
g) CHECKLIST. The Codifier will furnish a checklist of up-
to-date pages with each Supplement.
h) MAGNETIC MEDIA. If the City has chosen to receive the
Code on magnetic media, the updated magnetic media will reflect the
entire Code as updated through the most recent Supplement.
i) REPRINTS. The Codifier will furnish Supplements for
reprint pamphlets, if any, at the same time the Code volume is
supplemented.
j ) PROOFS. Proofs of each Supplement will be provided to
the City Clerk, who shall promptly review the supplement and return
it to the Codifier with any required changes.
k) SHIPMENT. Supplements will be shipped to the City for
distribution to the holders of the Codes or shipped in accordance
16
with the method of distribution specified in Part II, paragraph 5
above.
1) PAYMENT. The City shall pay the Codifier for each
supplement upon delivery and invoice the supplement per page bid
price as adjusted in accordance with Part IV of the Specifications.
m) TERMINATION. The Looseleaf Supplement Service provided
under this Part II shall be in full force and effect for a period
of three (3) years from the date of shipment of the completed Code
to the City. Thereafter, the Looseleaf Supplement Service shall be
automatically renewed from year to year, provided that either party
may alter or cancel the terms of this paragraph upon sixty (60)
days ' written notice to the other Party.
PART III - OBLIGATIONS OF THE CITY TO CITY CODE CODIFIER
The City shall do the following with regard to recodification
and supplementation of the City Code:
1. SUPPLY EXISTING CODEBOOK, ADDITIONS, DELETIONS AND AMENDMENTS
Within a reasonable period after the date of Contract, the
City shall supply to the Codifier a copy of the existing City
Charter, Related Laws and Code of Ordinances along with such
additions, deletions and amendments as have been enacted since the
latest supplementation of the Code Book. The City shall, from time
to time, supply Codifier with additional changes as they occur.
Changes occurring after typesetting of the final proofs shall be
included in future supplements.
2 . APPROVE MANUSCRIPT, PROOFS
Return to the Codifier the approved final proofs within ninety
(90) days of receipt of the manuscript. The City reserves the
right to delay scheduled due dates. Codifier shall receive written
notice of such delays and proportional allowance shall be made in
the Codif ier ' s delivery due date should such changes of schedule be
requested.
3 . PAYMENT
The City shall pay the codifier for the work of
recodification, legal research, editing, printing and binding as
provided herein as follows: 25% of the total contract price upon
execution of the agreement; 25% of the total contract price within
17
thirty (3 0) days of delivery of the manuscript identified in Part
II paragraph 3b) of the Specifications; 25% upon delivery of the
final proofs referred to in Part I I , paragraph 3f) of the
Specifications. The balance of the Contract price for initial
recodification services shall be paid upon final delivery of the
completed Code Books to the City. Payment for supplements shall be
as provided in Part II , paragraph 7 1) of the Specifications.
PART IV - CITY CODE BASE BID PROPOSAL/PRICE ADJUSTMENTS
1. BASE BID PROPOSAL
a) Bidders shall state bids proposals on the quotation sheet
provided by the City. Four (4) base bids shall be
offered, one for each of the four (4) format/binding
options as follows from which the City may select for the
Code Book:
1) 8 1/2 " x 11" , single column format with D-3 ring
vinyl binder
2) 8 1/2" x 11" , single column format with expanded 3-
post-type
-post-type leatherette binder
3) 8 1/2" x 11" , double column format with D-3 ring
vinyl binder
4) 8 1/2" x 11" , double column format with expanded 3-
post-type leatherette binder
b) The base bid prices shall be based upon:
1) The City ' s current Code Book wherein the Related
Laws and Code of Ordinances consist of an estimated
pages and the Charter is estimated at pages.
The current page size is one side of 9" x 6 3/4" , 50 lb
sheet of trimmed paper with body of type 25 picas by 44
picas . Text currently is printed in 10 point Roman type
on 12 point slugs; catchlines are in 10 point bold face
type; Index in 8 point Roman type and editor' s notes in
8 point Roman type. All printing is done in a single
column.
Additionally, there are approximately 14" x 11 1/2"
pages of additions to the Code of Ordinances enacted
since printing of the last supplement.
18
2) Two in-person conferences held in the Miami Beach
City Hall and other telephone conferences as specified in
Part I I, paragraphs 3 a) through h) of the Specifications
3) An estimated number of bound copies of the
Code Book to be supplied by Codifier.
2 . ADJUSTMENTS
The following adjustments shall be made to the base bids:
a) In the event the Code Book exceeds pages, the City
shall pay the quoted excess page price per page to be
added to the base price for each page in excess of
pages .
b) In the event the Code Book is less than the pages
estimated in the base bids, a per page undercharge in the
amount of the excess page charge shall be deducted from
the base bids prices for each page less than .
c) For any additional in-person conferences, other than the
two provided in these Specifications that are requested
by the City to be held within the City and at which a
member of the Codif ier ' s staff is present, the City will
pay the Additional Attorney Conference Bid price, to be
added to the Base Bid.
d) There will be no charge to the City for shipping charges
or blank pages .
e) The above Base Bid prices, as may be modified by the
optional factors, shall be firm for the initial term of
the contract which includes all work and services
required for delivery of an approved recodified and
camera ready copy of the Code Book to the City.
f) Additions of one (1) page or more to the Code Book after
typesetting of the final proofs as identified in Part II,
paragraph 3f) of the Specifications will be billed at the
supplement per page rate.
3 . PRICE ADJUSTMENT BASED ON C.P. I. ll
li �i 4)
a) With the exception of Base Bids on the quotation sheet
all prices set forth in the Bid Proposal shall be subject
to annual adjustment on the anniversary date of the
initial contract and during the terms of any renewals.
19
Any price charges upward or downward shall be limited to
changes in the U. S. Consumer Price Index (C.P. I. ) as
presently compiled and published by the United States
Department of Labor, Bureau of Labor Statistics
Metropolitan Miami Area.
b) Prospective Price changes shall be calculated in
accordance with the following formula for prices are set
forth in the Bid Proposal:
New CPI Figure X Contract = New Contract Unit Prices
CPI Index Month Unit Prices
of Execution of
Contract
c) The Denominator shall be the CPI Index Figure Published
for the month of the original contract is executed. The
Numerator shall be the New CPI Index figure for the
anniversary monthly of each year of this Agreement. The
new prices shall become effective on the third month
after the anniversary date and shall remain in force for
a full twelve month period.
d) In the event the C.P. I . Index ceases to be published or
to be published in the manner presently constituted, the
parties hereto agree to select another suitable index,
which shall be substituted therefore.
PART V - ZONING ORDINANCE PRINTING AND LOOSELEAF
SUPPLEMENT SERVICE (OPTIONAL)
1. BIDDER' S OBLIGATIONS
The Bidder proposes to do the following:
a) Develop and keep updated a master copy from the City' s
computer disk of the City ' s Zoning Ordinance.
b) Print and bind in accordance with the specifications set
forth in paragraph 3 1) below copies of the City' s
Zoning Ordinance as requested by the City and/or other
persons or entities.
c) Print four (4) times annually supplements to the City's
Zoning Ordinance by the City on a schedule to meet the
City ' s requirements. Pages of the existing Zoning
Ordinance containing provisions that are repealed or
20
amended shall be reprinted to insert the changed
provisions, additions and/or deletions. The Bidder will
update all Tables to reflect new ordinances.
d) Supplements shall include an instruction sheet furnished
by the Bidder with instructions for removal of the
obsolete pages and insertion of new pages and a checklist
of up-to-date pages.
e) Proofs of each supplement will be provided to the City
Clerk who will promptly review them and return them to
the Bidder with any required changes.
f) Develop and keep current a mylar base Zoning Map from
which to produce copies upon request of the City' s Zoning
Districts Map. A different type of base map may be used
if approved by the City.
g) Print copies of the City' s Zoning Districts Map upon
request of the City or other persons or entities.
h) The service shall maintain a listing of all City
employees, individuals and corporations holding copies of
the Zoning Ordinance and Map and shall mail amendments of
said Ordinance / Map to these employees / individuals /
corporations, to be inserted in existing Ordinance
copies.
1) If the service is terminated at any time, the computer
disk and master copy of the text shall be furnished to
the City of Miami Beach at no extra charge; the base
mylar map, as may be amended, shall also be furnished.
2 . CITY' S OBLIGATIONS
The City proposes to do the following:
a) The City shall furnish Bidder with magnetic media
containing the City' s Comprehensive Zoning Ordinance.
b) The City shall forward to the Bidder all ordinances to be
used in each supplement. The City shall, at its option
furnish the ordinances on disks for use by the Bidder.
c) The City shall promptly review proofs of each supplement
and return them to the Bidder with any changes.
d) The City shall pay the base bid price for all copies of
the Zoning Ordinance, supplements and map copies ordered
21
by the City.
3 . ZONING ORDINANCE/MAP SPECIFICATIONS
a) Cover. Glossy cover stock (2 oz) with 3-hole punched
pages.
b) Paper. 8 1/2" x 11" sheets, 50 lb. non-glare white
stock.
c) Format. Zoning Ordinance tables/Map formats as per
attached samples.
d) Map. Printed in black or blue-line print and size to be
2 ' x 6"
e) Supplements. 3-hold punch, unbound.
f) Page Numbers. Currently the Zoning Ordinance contains
pages. A page is defined as the area on one side
of a sheet.
g) Number of supplement subscribers. Currently there are
approximately subscribers to the Zoning Ordinance
supplements, including both City and outside subscribers.
4 . BASE BIDS/PRICE ADJUSTMENTS
The following adjustments shall be made to the base bids:
a) In the event the Zoning Ordinance exceeds pages,
the City shall pay the quoted excess page price per page
to be added to the base price for each page in excess of
pages.
b) In the event the Zoning Ordinance is less than the
pages estimated in the base bids, a per page undercharge
in the amount of the excess page charge shall be deducted
from the base bids prices for each page less than
c) The Base Bid prices on the quotation sheet shall be firm
of the first two (2) years of the Contract. After the
first two (2) years, the Base Bid prices shall be subject
to annual adjustment on the anniversary date of the
initial Contract and during the terms of any renewals.
Any price changes shall be limited to the changes in the
U. S. Consumer Price Index (C.P. I . ) as provided in Part
IV, paragraph 3 of the Specifications.
22
QUOTATION SHEET - CITY CODE
1. INITIAL RECODIFICATION
A) Base bids:
format/binding option cost
1) 8 1/2" x 11" , single column
D-3 ring vinyl binder $
2) 8 1/2" x 11" , single column with expanded
3 post-type leatherette binder $
3) 8 1/2" x 11" , double column
with D-3 vinyl ring binder $
4) 8 1/2" x 11" , double column with expanded
3 post-type leatherette binder $
Base bids include number of bound copies of the Code
with D-3 ring vinyl binder and copies with 3-post type
leatherette binder. Code Books include divider tabs and cost
of delivery to the City. Delivery charges for future Code
Book orders shall be quoted separately in the delivery plan to
be submitted pursuant to Part II , paragraph 5 b)
number cost
format of pages per page
B) The base bid prices include:
1) 8 1/2" x 11" , single column $
2) 8 1/2" x 11" , double column $
A page is defined as the area on one (1) side of a sheet of
paper. A sheet contains two (2) pages.
C) Additional charges:
1) Per page cost for excess pages
8 1/2" x 11" , single column $
8 1/2" x 11" , double column $
2) Tabular matter $
3) Binders, per binder $
4 ) Additional attorney in-person
conference, per conference $
5) Supplying City Code on magnetic media $
23
2 . LOOSELEAF SUPPLEMENT
A) Annual fee $
B) Per page cost
8 1/2" x 11" , single column $
8 1/2" x 11" , double column $
Tabular matter $
Updating magnetic media,
additional per page $
Delivery charges are not included and shall be quoted
separately as provided in Part II , paragraph 5 b)
24
•
41
QUOTATION SHEET - ZONING ORDINANCE/MAP
1. Printing/binding/distributionof Zoning Ordinance
Base bid: $
per copy
2 . Printing/distribution of Zoning Districts Map
Base bid: $
per map
3 . Looseleaf Supplement Service
Base bids:
Annual fee $
Per page cost $
Tabular matter $
Updating magnetic media,
additional per page $
All of the above Base bids include freight F.O.B. Miami
Beach.
SWS:scf:disk5\recodl.rul
25
ORIGINAL
ESOL TIO_ NO. 93-20863
inn
A f olt t.:i on of the Mayor aild C4 tv
Coi miss".on of the City of Miami Beach.
Florida, approving the conditions and
specifications to be included in a
request for proposals for recodifscat-ion
of the City Code, and future
.
supple cntation of the City Code and City
Zoning Grdinance and Zoning District Map.
1111i
' w
}