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96-21999 RESO RESOLUTION NO. 96-21999 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING THE COMPETITIVE BIDDING PROCESS AND AUTHOkIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL CODE CORPORATION, IN THE TOTAL AMOUNT OF $36,955.00, TO RESEARCH, EDIT, RECODIFY AND TO PROVIDE SUPPLEMENTAL SERVICES FOR THE CODE OF THE CITY OF MIAMI BEACH, THE CITY OF MIAMI BEACH CHARTER AND RELATED LAWS, AND THE CITY OF MIAMI BEACH ZONING ORDINANCE. WHEREAS, the Code of the City of Miami Beach has not been updated since December, 1991; and WHEREAS, new ordinances or revisions to existing ordinances are not being updated in the City Code Book, thus making retrieval of current laws difficult and time consuming; and WHEREAS, Municipal Code Corporation (MCC) is the nation's leading law publisher, specializing in ordinance codification and related supplemental programs; and WHEREAS, MCC has been in business since 1951 and presently serves over 2000 municipalities nationwide and 300 cities and counties in the State of Florida, including Metro-Dade County, and the cities of Miami, Coral Gables, North Miami, South Miami, Hialeah Gardens, Virginia Gardens, Golden Beach, Hialeah, Opa-Locka, Miami Shores, Bal Harbour, Surfside, and Florida City; and WHEREAS, in lieu of MCC's vast and proven expertise in codification and related supplemental programs, the Administration would herein recommend that it is in the best interest of the City to waive the competitive bidding process and enter into the attached Professional Services Agreement with MCC, for the purpose of researching, editing, recodifying, and providing continuing supplemental services for the Code of the City of Miami Beach, the City Charter and Related Laws, and the City's Zoning Ordinance. NOW THEREFORE, BE IT RESOL VED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a waiver, by Sl7ths vote, of the competitive bidding process is herein found to be in the best interest of the City and that, accordingly, the Mayor aDd City Clerk be authorized to execute the attached Professional Services Agreement with Municipal Code Corporation, in the total amount of $36,955.00, to research, edit, recodify, and to provide continued supplemental services for the Code of the City of Miami Beach, the City Charter and Related Laws, and the City's Zoning Ordinance. PASSED AND ADOPTED this 5th day of ATTEST: ROUM} filA'~ CITY CLERK C:\ WPWIN60\ WPDOCSlRESOLUTN\MUNICP AL.BID fORM APr"'" LEGP~ By/R- Date ~'1.6 .~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ C <.:, - q l.e, TO: Mayor Seymour ~Iber and Memben of the City Commission DATE: June 5, 1996 FROM: Jose Garcia-Pedrosa ~ City Manager Authorization to Waive I Formal Bid Process And Execute a Professional Services Agreement in t e amount of $36,955 With Municipal Code Corporation to Research, Edit, Recodify, And to Provide Supplement Services to The City's Charter, Code of Ordinances, Related Laws And Zoning Ordinances of The City of Miami Beach SUBJECT: ADMINISTRATION RECOMMENDATIONS: It is recommended that the Mayor and the City Commission waive the competitive bidding process, in accordance with City Code 31A-I0 paragraph (e), waiving the competitive bidding process when such waiver is in the best interest of the city and authorize the Mayor and City Clerk to execute the attached Professional Services Agreement with Municipal Code Corporation to research, edit, recodify, and provide supplement services to the City's Charter, Code of Ordinances, Related Laws, and Zoning Ordinances. CONTRACT AMOUNT AND FUNDING: Fiscal Year Total Cost FY95/96: 1. Down payment 2. Completion of conference Total FY95/96 funds $8,000 $8.000 $16,000------------------ $16,000 FY96/97 : 1. Receipt of proofs 2. Balance Due 3. Code on computer/software/reprints 4. Supplemental Services Total FY96/97 funds $8,000 $6,455 $1,500 $5.000 $20,955------------------ $36,955 AGENDA ITEM c..'lC- 10- f)-q 10 DATE Funds are available for FY95/96 from the City Clerk's Professional Services budget account #011-0210-000312. Funds have been requested in the FY96/97 proposed budget. The annual supplemental services fee will be funded each fiscal year thereafter at a cost of approximately $5,000. BACKGROUND: The City Code of Ordinances of the City of Miami Beach has not been updated since December 1991. New ordinances or revisions to existing ordinances are not being updated in the City Code book. The Code books used by city staff are often useless. Retrieval of current laws is difficult and time consuming both for staff and taxpayers. The question of accuracy of information is a grave concern. Additionally, approved ordinances are not compared against State of Florida or Dade County laws to ensure there are no conflicts. ANALYSIS: Municipal Code Corporation (MCC) is the nation's leading law publisher specializing in ordinance codification and supplemental programs. MCC has been in business since 1951 and presently serves over 300 cities and counties in the state of Florida and over 2,000 municipalities nationwide. MCC is a Florida-based company, with its main office located in Tallahassee. MCC has a local office in Miami Lakes. MCC's staff consists of a legal department of twelve attorneys who are available to perform the research required by the City and work with the City's legal department to assure the Code is up- to-date with state laws. MCC's two main Florida attorneys have 33 years combined experience. The legal staff is complemented by personnel trained in editing, indexing, proofreading, and other technical aspects of the codification process. MCC maintains it own publishing facilities, and no part ofthe process is subcontracted. MCC states that it prides itself on its investment in technology and that it is committed to providing the form of choice for the Code of Ordinances by disk, modem, or the Internet. MCC is directly connected to the Internet so as to provide on-line services to municipalities. The City will have access to all of MCC's employees through e-mail and can have access to Miami Beach's Code through MCC's home page. MCC has maintained a standardized pricing structure for Dade County and the Dade County municipal clients. Currently its standard pricing applies to Coral Gables, North Miami, South Miami, Hialeah Gardens, Virginia Gardens, Golden Beach, Hialeah, Opa-Locka, Miami Shores, Bal Harbour, Surfside, and Florida City. Municipal Code Corporation will assign an attorney to work with the City Attorney. MCC's attorney will: Page # 2 a. State Law: Research the Code and subsequent ordinances to be included in the new Code against state-law. This process is intended to discover inconsistencies and conflicts with, and preemptions by, state-law. b. State Law References: Update all state-law references and append new references as necessary . c. Related Laws: MCC will update the related laws pertaining to the City and discuss with the City Attorney additional laws deemed necessary for inclusion in the new Code. d. Charter: Research every ordinance to be included in the Code against the City's Charter. Conflicts and inconsistencies with, and preemptions by, the Charter will be brought to the attention of the City Attorney. The Charter 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 laws and obsolete provISIOns. f. Dade County Code: The City's Charter and ordinances will be reviewed for conflicts with the Dade County Charter and Code. CONCLUSION: It is recommended that the competitive bidding process be waived and that the Mayor and City Clerk be authorized to execute a Professional Services Agreement with Municipal Code Corporation to research, edit, recodify, and provide supplement services to the City's Charter, Code of Ordinances, Related Laws, and Zoning Ordinances. RP:lb C:\DA T A ICODIFICA IRECODE4.WPD Page # 3 Professional Services Contract for Miami Beach, Florida June 6, 1996 Municipal Code Corporation Table of Contents PROFESSIONAL SERVICES AGREEMENT: Page No. SECTION 1 - DEFINITIONS. > . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 2 - SCOPE OF WORK AND SERVICES ............ 2 SECTION 3 - COMPENSATION ....................... 2 SECTION 4 - GENERAL PROVISIONS ................... 2 SIGNATURE PAGE ......."....................... 10 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MUNICIPAL CODE CORPORATION THIS AGREEMENT made this 5th day of June , 1996 by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representative, and assigned, and MUNICIPAL CODE CORPORATION (MCC). SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Consultant. City Manager: "City Manager" means the Chief Administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be Municipal Code Corporation (MCC), an independent contractor, and not an agent or employee of the City. Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the Consultant's services are complete as provided in Section 4.10 of this Agreement. Fixed Fee: Fixed amount paid to the Consultant to allow for its costs and margin of profit. Project Coordinator: An individual designated by the City to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work and Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination: Termination of Consultant's Services as provided in Section 4.11 of this Agreement. Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2 below, if directed and authorized. 1 SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED The scope of work for this project to be performed by the Consultant is set forth in the Consultant's attached Professional Services Proposal (Services). SECTION 3 COMPENSATION 3.1 FIXED FEE The City agrees to provide Consultant with funds in the amount of Thirty Thousand Four Hundred and Fifty-five Dollars ($30,455), excluding the software, or Thirty-One Thousand Nine Hundred and Fifty-five Dollars ($31,955), including the software, set out in the Consultant's Proposal attached. All funds issued by the City to Consultant shall be placed by Consultant in an account designated solely and exclusively for the recodification project. 3.2 METHOD OF PAYMENT The initial payment shall be made to the Consultant at the time of execution of this Agreement. Consultant shall be required to submit invoices which detail or represent the completion of tasks as set forth in Consultant's proposal attached, page 13. All submissions shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287 . 133(3)(a) Florida Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by Consultant. 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 2 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for the period of completion of the project and three (3) years following delivery of the completed Code to the City. Any future term of this Agreement shall be subject to the approval of the City. The City's future funding for any additional term(s) shall also be contingent upon a favorable evaluation of the Service by the City. Notwithstanding the aforestated language, however, the City shall have no future obligation to renew this Agreement beyond the three-year terms set forth herein. 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement and Consultant shall adhere to the completion schedule as set forth in the Consultant's proposal. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including acts of God which render performance of the Consultant's duties impracticable. 4.6 NOTICE TO PROCEED Unless otherwise directed by the City, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the City. 4.7 OWNERSHIP OF DOCUMENTS All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse shall be approved by the City. 4.8 INDEMNIFICATION Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, looses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. 3 The Consultant's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to five the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.9 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: 1. Consultant's Professional Liability in the amount of $300,000.00. A certified copy ofthe Consultant's (and any sub-consultants') insurance Policy must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Consultant and his insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approved prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is responsible for obtaining and submitting all Insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less that "B +" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4 4.9.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.9.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.10 FINAL ACCEPTANCE When the Consultant's Services have been completed, the Consultant shall so advise the City in writing. Final acceptance shall not constitute a waiver or abandonment of any rights to remedies available to the City under any other Section of this Agreement. 4.11 TERMINATION, SUSPENSION AND SANCTIONS 4.11.1 Termination for Cause If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three (3) days' notice to Consultant, may terminate the Agreement. In that event, all finished and unfinished documents and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services performed by the Consultant prior to Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set off until such time as the exact amount of damages due the City from the Consultant is determined. 4.11.2 Termination for Convenience of City The City may, for its convenience, terminate the Services then remammg to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City 5 as provided in this Section, the City shall compensate the Consultant for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the Consultant upon a Termination as provided for in this Section. 4.11.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.10.2. 4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Sanctions as the City of the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall be the same as provided in section 4.10.2. 4.11.5 Changes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives ofthe Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.12 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City; which consent, if given, shall be at the sole and absolute discretion of the City. 4.13 SUB-CONSULTANTS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultant and any other person or entity acting under the direction or control of Consultant. All sub- consultants must be approved in writing prior to their engagement by Consultant. 6 4.14 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON- DISCRIMINATION POLICY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to adhere to and be governed by all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA); Pub. L. 101-336, 104 Stat 327, 42 V.S.C. 12101-12213 and 547 U.S.c. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973; 29 V.S.C. Section 794. The Federal Transit Act, as amended; 49 U.S.C. Section 1612. The Fair Housing Act as amended; 42 U.S.C. Section 3601-3631. Consultant must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in non-compliance with the provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of payments to Consultant under the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event, the City cancels or terminates the Agreement pursuant to this Section, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of Consultant's breach of the Agreement. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder 0 The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the 7 performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.16 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.17 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice In writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Municipal Code Corporation Attn: Alyce Whitson, Attorney P. O. Box 2235 Tallahassee, FL 32316-2235 800-262-2633 TO CITY: Office of the City Clerk Attn: Robert Parcher, City Clerk 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7411 WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7470 8 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.18 LITIGATION JURISDICTION Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated in the court system of the State of Florida. 4.19 ENTIRETY OF AGREEMENT This writing and the Scope of Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Scope of Services is hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement shall be governed by and construed according to the laws of the State of Florida. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $35,000.00. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $35,000.00 less the amount of all funds actually paid by the City to Consultant pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $35,000.00 which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By j~} ~ City lerk FOR CONSULTANT: ATTEST: C;;-~(",/ t'~ fl1 a;te/u't u4-1 Secretary CITY OF MIAMI BEACH, FLORIDA By 10 ICIPAL CODE CORPORATION ~~~~ ~l Vice Presid nt - Codes Corporate Seal: f fORff "J:'~H" H h: I . ,) l~jlL DEfT. By 1! Iftl;~ Date t '/ tJ -96 ---... .'<'~.'.._--_"~.oe Table of Contents MCC'S PROFESSIONAL SERVICES CONTRACT: Page No. PART ONE - RECODIFICATION OF CODE (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) Ordinances Included .......... Legal Research and Review . . . . . . . . . . Pre-Conference Memorandum . . . . . . . .. ..... Conference with Florida Attorney ...... ..... Post -Conference Memorandum ......... Editorial Work . . . . . . . . . . . . . . . . . . . . Notice of Completion of Editorial Work Typesetting and Proofs . . . . . . . . . . . . Index ...................... Printing and Binding ............. Code on Computer .............. Information Retrieval Software ...... . Support and Training . . . . . . . . . . . . . Internet Connection . . . . . . . . . . . . . .. ..... Shipment, Adopting Ordinance ... ...... Time Schedule . . . . . . . . . . . . . Distribution - City Retains Revenue . 1 . 1 .2 .2 .2 .2 . 3 . 3 .4 . .4 . .5 .5 . .6 . . 6 .6 .7 .7 PART TWO - LOOSELEAF SUPPLEMENT SERVICE (1) Schedule...................... ...... 8 (2) Ordinances to be Furnished by City .............. 8 (3) Editorial Scrutiny . . . . . . . . . . . . . . . . . . . . . . . . . 8 (4) Editorial Notes .......... . 8 (5) Index and Tables ......... . 8 (6) Instruction Sheet. . . . . . . . . . . 8 (7) Checklist.............. . 9 (8) Tabular Matter .............. . . . 9 (9) Electronic Supplementation ....... . . 9 (10) Reprints..................... . . 9 (11) Sample Ordinance Service . . . . . . . . . . . . 9 (12) Annual State Law Review; Report . . . . . . . 9 (13) Analyzation of Code ...... .............. 9 (14) Shipment . . . . . . . . . . . . . . . . .. ....... 9 (15) Termination . . . . . . . . . 10 QUOTATION SHEET .. 11 PROFESSIONAL SERVICES CONTRACT The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to research, edit, and recodify the Code of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation duly organized and existing under state law, hereinafter referred to as the City, according to the following terms and conditions: PART ONE RECODIFICATION OF THE CODE (1) ORDINANCES INCLUDED. MCC will, under the supervIsIon of the City Attorney, recodify the 1964 Code as supplemented. The City may forward ordinances subsequently passed for inclusion in the new Code until notice is received that the editorial work has been completed. (2) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the City Attorney. Before the conference with the City Attorney, MCC's attorney will: a) State Law. Research the Code and subsequent ordinances to be included in the new Code against state law. This process will discover inconsistencies and conflicts with, and preemptions by, the state law. b) State law references. Update all state law references and append new references as necessary. c) Related Laws. MCC will update the related laws pertaining to the City and discuss with the City Attorney additional Laws deemed necessary for inclusion in the new Code. d) Charter. Research every ordinance to be included in the Code against the City's Charter. Conflicts and inconsistencies with, and preemptions by, the Charter will be brought to the attention of the City Attorney. The Charter 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 laws and obsolete provisions. t) Dade County Code. The City's Charter and ordinances will be reviewed for conflicts with the Dade County Charter and Code. 1 (3) PRE-CONFERENCE MEMORANDUM. Upon completion of the legal research and review of the Code, MCC's attorney will prepare an editorial memorandum setting forth the major substantive changes and recommendations for the new Code, to be discussed at the editorial conference. This memorandum will delineate the provisions to be deleted and address the new language to be inserted. (4) CONFERENCE WITH FLORIDA ATTORNEY. One ofMCC's Florida attorneys will travel to the City for a conference with the City Attorney and other interested officials. The following will occur at the conference: a) Issues. Issues discussed will include all inconsistencies and conflicts discovered during research, as well as obsolete provisions. b) Solutions. Recommendations will be made regarding solutions to the issues discussed. c) Implementation. Agreed upon solutions will be implemented with the help of MCC's attorney. The City Attorney has ultimate decision making authority for solutions and implementation. d) Sample ordinances. MCC has an extensive collection of Sample Ordinances. Recommendations will be made regarding new legislation on specific subjects where there is an obvious need. To facilitate this, the City should request recommendations on subjects of specific concern. e) Organization. Organization can be reviewed with the City providing comments, criticisms or suggestions. (5) POST-CONFERENCE MEMORANDUM. Following the conference, MCC's attorney will draft and submit a memorandum outlining the substantive changes, solutions and implementations agreed upon. This memorandum is extremely useful upon receipt of the proofs; it is recommended the proofs be reviewed in conjunction with the conference memorandum. (6) EDITORIAL WORK. The manuscript will be prepared to include: a) Proper phraseology. Concise, modern and proper phraseology, without conflicts, ambiguities and repetitious provisions. b) Chapter arrangement. Each chapter of the new Code shall embrace all 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 and sections will be reserved for future expansIon. Title arrangement is also available and will be discussed at the conference. 2 c) Table of contents. This table will list the chapters, articles and divisions of the Code, giving the page number upon which each begins. d) Chapter analysis. Each chapter of the new Code will be preceded by a detailed analysis listing the articles, divisions, and sections contained therein. e) Catchlines. Each section will be preceded by a catchline, which shall reflect the content of the section. t) History notes. A history note will be prepared for each section of the new Code unless the section was added during the project. The note will indicate the source from which the section is derived. If the section is derived from an existing Code, the appropriate section of that Code, as supplemented, will be cited, together with amendatory ordinances. g) Cross references and footnotes. Cross references will be prepared to tie together related sections of the new Code. Proper explanation will also be made in the form of footnotes to relevant provisions of the Code. h) Charter references. Charter references will be prepared to tie together related sections of the Charter and new Code. i) Ordinance Disposition Table. MCC will prepare a complete table of all ordinances passed by the City, subsequent to the last ordinance included in the existing Code. This table will list the ordinances in numerical and/or chronological sequence, with a brief description of the subject of each ordinance, indicating the location of those ordinances included in the new Code. Tables of special ordinances may be generated by specific subject matter if desired. A table will be prepared setting out all sections of the prior Code included in the new Code. j) State law reference table. This table will list by state law citation all sections carrying a reference. (7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all editorial work, MCC will notify the City in writing that the Code manuscript is ready for typesetting and printing. No additional ordinances will be included in the Code manuscript subsequent to such notice. (8) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the City for review. The City may make word changes on the proofs without charge. However, the City will be charged for changes or deletions constituting more than one page of type. 3 It shall be the duty of the City to return the proofs, with the changes indicated thereon within forty-five (45) days from the date of their receipt. If proofs are not returned within forty-five (45) days, and no notice to the contrary is received by MCC, it will be assumed that no changes are to be made. MCC will then proceed to print the Code and no changes shall thereafter be allowed. Should the City request to review the proofs beyond forty-five (45) days but fails to return them within one year, the contract balance shall become due and payable. Upon mutual agreement regarding time and compensation, MCC shall update the proofs with subsequent enactments before delivery of the printed Code. MCC guarantees typographical correctness. Errors attributable to MCC will be corrected throughout the term of the contract, without charge to the City. MCC's liability for all services shall extend only to the correcting of errors in the Code or future supplements, not to any acts or occurrences as a result of such errors, and only so long as a contract is in effect. (9) INDEX. After return of the proofs, but before printing, a comprehensive, general Index for the Code will be prepared. An index will also be prepared for the Charter. All sections are indexed under major subjects with appropriate section citations. Columnar citations are used to enhance the ease of reference. (to) PRINTING AND BINDING. When the proofs are returned by the City, MCC will proceed with printing and binding the Code in accordance with the following: a) Copies. The number of copies desired by the City will be printed on 50 lb. white offset paper. b) Page format. The page size will be consistent with the format chosen by the City: 8-1/2 x 11 inches, double column (samples attached). c) Type size. Various type sizes are available for text. Should the City desire a type size larger, or smaller, than ten-point, notice should be given to MCC prior to notice of completion of the editorial work. d) Tabular matter. Tables, drawings, designs, Algebra formulae, or other material which require engraved cuts or special methods of reproduction, will be charged as set out herein. e) Binding. MCC will bind copies of the completed Code in expandable post type binders, each with slide lock fasteners and with black imitation leather covers stamped in gold leaf. Color choices are available for a slight charge. t) Separator tabs. MCC will furnish separator tab sheets (mylar tabs, printed both sides) for the bound Codes. The tabs will reflect the major divisions or chapters of the Code volume. 4 g) Reprints of chapters. Additional copies of specific chapters or portions of the Code, e.g. zoning regulations or the preparation of a Police Manual for the Police Department, may be ordered for binding in paper covers for separate distribution or sale. Prices will be furnished upon request. (11) CODE ON COMPUTER. We can prepare your Code for use with two of the most popular word processing packages, WordPerfect or Microsoft Word. The Code can also be provided in an unformatted generic text fashion. Described below under INFORMATION RETRIEV AL SOFTWARE, we offer the additional power of specially designed information retrieval software if the search facilities provided by WordPerfect or Microsoft Word are not sufficient. The information can be furnished on 3 1/2" disk, CD-ROM, or transmitted via the Internet or modem. (12) INFORMATION RETRIEVAL SOFTWARE. MCC offers the following information retrieval software programs, any of which are compatible with the Code in electronic media described above and are available for stand alone PC's or networks. MCC is pleased to provide you with a choice of the most popular information retrieval systems on the market today. Each of these products provide excellent retrieval capability to assist you in taking control of information. We will assist you in making the most correct choice for your City. a) Socrates. Socrates is information retrieval software designed specifically for Codes of Ordinances. It instantly locates words, phrases, or a combination thereof within your Code. Socrates presents a very easy-to-use screen display and provides levels of expertise so that users with no computer experience can be productive right away, and most computer professionals will not have to consult the instruction book. Socrates allows a user to search for synonyms with a thesaurus that is especially crafted for Municipal government use. It does not require that you memorize special characters or understand computer logic. Socrates can be used in conjunction with word processing software, allowing the user to create working files for easy drafting of amendatory ordinances. The on-screen help allows you to build even a complicated query in natural language and to save that query for use later. The execution time for any individual query is split-second even on the largest data-bases. The information is provided in a "read-only" format to protect against inadvertent changes to the Code. Socrates is available for Dos and Windows. b) Folio VIEWS, by Folio Corporation. MCC will create the City's infobase and provide the Code integrated with Folio VIEWS. This software offers a powerful, context-sensitive, on-line help system for immediate assistance to inquiries. The customized menus offer robust functionality and speedy start- up access to your information. Every word in an infobase is indexed. Type in a word, a phrase or a query and watch the Query Map display the search results. With a click of the mouse, users can jump to the points of information they need. Information retrieval capabilities include standard boolean search 5 operators, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Folio VIEWS is available for DOS, Windows and MacIntosh. c) ISYS, by Odyssey Development, Inc. This is commercially available text retrieval software which instantly locates any document(s) containing references to a word, phrase, or combination thereof. It is the parent program of Socrates and it can be used on any files you designate, such as minutes, letters, invoices, etc., not just the Code. This program offers many types of searches including Menu-Assisted, Plain-English, and Fuzzy searches. Available for DOS or Windows. Please refer to the enclosed brochure. d) Folio VIEWS, Infobase Production Kit and Manager. These products allow the City to create, manipulate and manage their own infobase. These programs require a more comprehensive knowledge of computers but enable the City to define the database in which they are searching. Please refer to the enclosed brochures. e) Adobe Acrobat products, by Adobe Systems Incorporated. Adobe's viewing facilities are unique in that the page is displayed and printed exactly as it is composed from our publishing system. Text can be excerpted and modified, and pages can be printed from the originally published document. Information upon request. Available for DOS, Windows, MacIntosh, or UNIX. (13) SUPPORT AND TRAINING. MCC offers a generous support and training policy. Telephone support is available during working hours by calling our toll free number, 1-800- 262-CODE. Our personnel can usually resolve problems in one phone call. Phone support is free of charge. While MCC does not physically install the software, our support personnel are available for consultation during the installation. On-site training is also available. (14) INTERNET CONNECTION. The Code will be placed the Code on the Internet, included on MCC's home page (http://www.municode.com).This home page contains a growing collection of more than 100 Codes of Ordinances, and is available to anyone with Internet access. (15) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship the Code as directed by the City. At this time, MCC's attorney will furnish the City with a suggested adopting ordinance. Once the Code has been adopted, a copy of the ordinance should be sent to MCC, so that it can be included in the Code. 6 (16) TIME SCHEDULE. The following is a tentative time schedule in the preparation of the new Code: a) Submission of pre-conference memorandum . . . . . 3 months after receipt of material and contract. b) Submission of proofs to City . . . .. ....... 4 months after completion of editorial conference c) Delivery of completed Codes to City . . . . . . . 3 months after return of proofs. The above time schedule provides for completion of the Code within ten (10) months, excluding time required for review of the proofs and any delays occasioned by the City. (17) DISTRIBUTION - CITY RETAINS REVENUE OF ALL CODES AND SUPPLEMENTS. MCC offers assistance in soliciting orders for the new Code, and to distribute and store the Codes and Supplements. The City is entitled to the proceeds from the sale of all copies of the Code and future Supplements as set forth in this contract, less the handling and postage. All charges for this service are passed on to the subscriber in the sale price of the Code. The funds will be credited to the City's account or reimbursed to the City, whichever is desired. MCC offers to handle the sale and distribution within the City and to the public as outlined below. MCC's Direct Distribution Department is available to assist in soliciting orders for the new Code. a) Order Forms. MCC will prepare and print an order form which may be mailed to all potential subscribers of the new Code and Supplement Service. b) Mailing Service. MCC will mail copies of the Code and future Supplements to those persons subscribing to the new Code and Looseleaf Supplement Service. The copies required for use by the City will be shipped as requested by the City. c) Billing Subscribers. MCC will bill subscribers to the Looseleaf Supplement Service on an annual basis. A listing of all current subscribers will be furnished prior to annual billing of the subscribers. d) Storage. All undistributed copies of the Code and future Supplements will be stored by MCC. All risk of loss or damage to the Codes and Supplements so stored will be assumed by MCC. 7 PART Two LOOSELEAF SUPPLEMENT SERVICE (1) SCHEDULE. After shipment of the new Code MCC will keep the Code up-to- date by the publication of Looseleaf Supplements which will contain the new ordinances of a general and permanent nature enacted by the governing body. The Supplements can be published on a schedule to meet the requirements of the City. There is no additional charge for frequent publication. A minimum of thirty (30) working days will be required for delivery of a Supplement. (2) ORDINANCES TO BE FURNISHED BY CITY. The City shall forward to MCC copies of the ordinances upon final enactment by the City. The ordinances may be furnished on diskettes, if available, or via e-mail atords@mai1.municode.com. If diskettes are provided by the City, it is also requested one copy of each ordinance be furnished for verification purposes. (3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of MCC's editorial staff in conjunction with the existing provisions of the new Code. The pages of the Code containing provisions that are specifically repealed or amended by ordinance will be reprinted to remove such repealed or amended provisions and to insert the new ordinances. Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances are included, the City will be notified so that remedial action may be taken. (4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the editor. (5) INDEX AND TABLES. When the inclusion of new material necessitates changes in the index, appropriate entries will be prepared and the necessary pages of the index will be reprinted to include the new entries. The Comparative and State Law Reference Tables will be kept up-to-date to reflect the new ordinances and state law citations, if any, included in each Supplement. The Table of Contents will also be kept current to reflect changes in the Code. (6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal of the obsolete pages and insertion of the new pages. The latest ordinance included in the published Supplement will be noted in boldface type on the Instruction Sheet. 8 (7) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the benefit of the user. The checklist of up-to-date pages will allow instant determination of whether the user is relying on a page reflecting current ordinances. (8) TABULAR MATTER. Should the Supplement contain tables, drawings and the like for which special typesetting or other methods of reproduction are required, the costs will be charged as set out herein. (9) ELECTRONIC SUPPLEMENTATION. If the City has chosen to receive the Code in electronic media, as set out in Part One of this agreement, MCC can provide the Supplements electronically on a schedule desired to meet the City's needs, e.g. monthly or bimonthly. The City may choose to have hard copy Supplements printed less frequently. The electronic media will reflect the entire Code as updated through the most recent Supplement. (10) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code, including appropriate index pages, can be kept up-to-date at the same time the Code volume is supplemented. (11) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will be furnished upon request. A sample index will be furnished for use in requesting the desired sample provisions. (12) ANNUAL STATE LAW REVIEW; REPORT. MCC will review annually the state law changes and submit a report to the City Attorney of any changes which may affect local government Codes generally. If an extensive legal review of the Code is required based on massive state law changes, this review will be as provided below. (13) ANALYZATION OF CODE. At the request of the City and at a cost to be agreed upon in advance, MCC will analyze the Code on a chapter-by-chapter basis against the current state law, and submit written recommendations to the City Attorney as to any Code changes deemed necessary or desirable as a result of such analyzation. MCC's attorney will work with the City Attorney in drafting legislation as deemed necessary. The cost for the analyzation and drafting services would be on an hourly basis, not to exceed a specific number of hours as agreed upon by MCC and the City. (14) SHIPMENT. Supplements will be shipped in accordance with Part One, paragraph (17). 9 (15) TERMINATION. The Looseleaf Supplement Service provided under this Part Two will 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 will be automatically renewed from year to year, provided that either party may alter or cancel the terms of this Part Two upon sixty (60) days' written notice. The costs set out on the Quotation Sheet, page 12, paragraph (3), c) may be subject to increase or decrease to reflect any changes in the U.S. Consumer Price Index, commencing in the fourth year of this agreement. 10 (1) QUOTATION SHEET Base Cost, includes $26,655 a) b) c) d) e) t) g) h) i) j) Legal Review Sample Ordinance Service Pre-Conference Memorandum Conference with MCC Attorney Post -Conference Memorandum Editorial Work Typesetting and Proofs Indexing Tabular matter Printing and Binding i. Number of copies ii. Number of binders iii. Number of sets of special order tabs iv. Estimated pages I 8-1/2 x 11 inches, double column 150 100 100 1,000 (2) Base Cost does not include: a) b) Excess pages, additional per page Additional binders (if two volume set is required), each Freight charges (invoiced upon shipment) Zoning Reprints (includes covers and fasteners) i. 100 copies ii. 150 copies iii. 200 copies $24 $18.50 prepaid c) d) $1,000 $1,200 $1,400 NOT TO EXCEED The costs set out in paragraphs (1) and (2), a) and d), iii above, shall not exceed the sum of THIRTY THOUSAND FOUR HUNDRED AND FIFTY FIVE DOLLARS ($30,455) (Does not include paragraph (5) below): (1) Base Cost above (2) 100 excess pages @ $24 per page (3) 200 Zoning reprints $26,655 $2,400 $1,400 $30,455 lA page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. 11 (3) Looseleaf Supplement Service: a) b) c) d) Annual fee for Supplements Number of copies Cost per page Zoning reprint cost per page i. 100 copies ii. 150 copies iii. 200 copies Tabular matter, additional per page Freight charges (invoiced upon shipment) Sample Ordinance Service - during the first year following shipment of the Code Annual State Law Review; Report none 150 $22 $5 $5,.75 $6.50 no additional cost prepaid no charge no charge (4) Distribution and Storage of Codes and Supplements: e) t) g) h) a) Printing order cards no charge b) Mailing of Codes and Supplements, per mailing $2 plus cost of postage; (charges passed to subscriber) c) Billing of subscribers for Code and/or Looseleaf Supplement Service, per subscriber $4 (charges passed to subscriber) d) Storage of Codes and Supplements no charge (5) Additional services available: a) Additional Codes at time of initial printing i. Without binder, each $75 ii. With one binder and standard tabs2, each $100 b) Additional Codes after initial printing i. Without binder, each $125 ii. With one binder and standard tabs, each $150 c) Code on computer i. Data integrated with Socrates or Folio VIEWS with WordPerfect 5.1 or WORD commands embedded, or in ASCII, one license (includes handling) $515 11. Each additional license $100 111. Site license $1,500 IV. Telephone support no charge v. On-site training to be negotiated d) ISYS information retrieval software for all documents see attached price list e) Folio VIEWS Infobase Production Kit price upon request 2Major parts of Code, not individual chapter tabs. 12 PAYMENT. (May be scheduled through two budget years) Upon signing of the contract $8,000 $8,000 $8,000 (1) (2) (3) Upon completion of the conference Upon receipt of proofs (4) Balance upon delivery of Code. (5) Payment for the Looseleaf Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. (6) The cost of mailing to subscribers as provided in Option A above will be included on the statement of charges for each Supplement. A statement for the cost of billing will be submitted annually. (7) Freight charges will be prepaid and invoiced at time of final billing. 13 BUILDINGS AND BUILDING REGULATIONS * 14-77 description, shall first make application to the building official and obtain the required permit therefor. (b) Where construction is commenced before a permit is obtained, the permit fees shall be dou- bled where permits are required. (Ord. of 2-11-65, ~ 2) Sec. 14-54. Payment of fees prior to permit issuance. No permit shall be issued until the fees pre- scribed in this article have been paid, nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, has been paid. (Ord. of 2-11-65, ~ 4) Sec. 14-55. Schedule of permit fees. On all buildings, structures or alterations re- quiring a building permit, the fee shall be paid as required at the time of filing application, in accor- dance with the following schedule: (1) Permit fees: The fee shall be $5.00. (2) Moving of building or structure: For the moving of any building or structure, the fee shall be $5.00. (Ord. of 2-11-65, ~ 4) Sec. 14-56. Penalty. A person who shall violate a provision of this article or fails to comply therewith or with any of the requirements thereof, or who shall erect, construct or alter, or has erected, constructed or altered a building or structure or portion thereof, in violation of a detailed statement or plan sub- mitted and approved under this article, or of a permit or certificate issued under this article, shall be guilty of a misdemeanor punishable as provided in section 1-7. Also, the owner of a building or structure or portion thereof, or of the premises where anything in violation of this arti- cle shall be placed or shall exist, and an architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation shall each be guilty of a separate offense and upon conviction thereof shall be punishable as provided in section 1-7. (Ord. of 2-11-65, ~ 3) Sees. 14-57-14-75. Reserved. ARTICLE ~ SUBSTANDARD BUILDINGS* Sec. 14-76. Conditions enumerated. All buildings or structures which have any or all of the following defects or lack of facilities shall be deemed substandard buildings: (1) All buildings or structures that have be- come deteriorated through natural causes or by damage through exposure to the elements, especially wind, hail or rain, or damage through fire, to the extent that the roof, windows and doors, or portions of the house, building or structure which protect from the weather will no longer reasonably protect from the weather. (2) All buildings or structures which consti- tute or in which are maintained fire haz- ards. (3) All buildings or structures so constructed or permitted to be so constructed as to constitute a menace to health or safety including all conditions conducive to the harboring of rats or mice or other disease- carrying animals or insects reasonably cal- culated to spread disease, and including such conditions hazardous to safety as in- adequate bracing or the use of deteriorated materials. (Ord. of 8-8-91, ~ 1) Sec. 14-77. Violations declared public nui- sance; remedial action autho- rized. All substandard buildings or structures within the terms of this article which shall constitute a menace to the health, morals, safety or general .State law reference-Dangerous structures, V.T.C.A., Local Government Code * 214.001 et seq. CD14:5 BUlLDINGS-Cont'd. Engineer's letter required prior to permit issuance. . . . . . . . . . . . . . . . . . . . . . . . . . Flood hazard, determination of prior to issuance of building permit ... . . . . . Permits required; office of building offi- cial created . . . . . . . . . . . . . . . . . . . . . . . Review of subdivision and development proposal to ensure flood hazard re- duction . . . . . . . . . . . . . . . . . . . . . . . . . . . Condition of premises Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . See: HEALTH AND SANITATION Flood hazards Code enforcement Determination of flood hazard prior to issuance of building permit . . . . . . Determination of prior to issuance of build- ing permit . . . . . . . . . . . . . . . . . . . . . . . . Determination of subdivision and devel- opment proposal to ensure flood haz- ard reduction ..... . . . . . . . . . . . . . . . . Industrial waste Requirements for building sewers . . . . . . Lead content of pipes, fittings, valves, other devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nuisances Substandard buildings Violations declared nuisance . . . . . . . . . Numbering of buildings. . . . . . . . . . . . . . . . . . Permits Building construction and alteration re- quirement . . . . . . . . . . . . . . . . . . . . . . . . See herein: Building Construction and Alterations Code enforcement Permits required . . . . . . . . . . . . . . . . . . . . Engineer's letter required prior to permit issuance . . . . . . . . . . . . . . . . . . . . . . . . . . Flood hazard Determination of flood hazard prior to issuance of building permit . . . . . . Planning and zoning commission Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . See: PLANNING AND DEVELOP- MENT Schedules Building construction and alterations Schedule of permit fees . . . . . . . . . . . . . . Solid waste Collection of refuse; litter . . . . . . . . . . . . . . See: SOLID WASTE Subdivision regulations in general. See: SUB- DIVISIONS (Appendix A) Substandard buildings City may file action in appropriate court Conditions enumerated. . . . . . . . . . . . . . . . Liability of city. . . . . . . . . . . . . . . . . . . . . . . . Notice; hearing; order to repair or demol- ish; recovery of city expenses. . . . . . . CODE INDEX Section 14-30 14-28 14-26 14-29 26-26 et seq. 14-28 14-28 14-29 62-199 14-2 14-77 14-1 14-52 et seq. 14-26 14-30 14-28 2-166 et seq. 14-55 46-26 et seq. 14-80 14-76 14-79 14-78 Section BUlLDINGS-Cont'd. Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-81 Violations declared public nuisance; re- medial action authorized. . . . . . . . . . . 14-77 Water service Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 62-236 et seq. See: WATER SUPPLY AND DISTRmU- TION BURIALS Animal Burial within human cemetery prohib- ited .... . . .. . . . . . . . . . .. . . . . . . . . . . . 6-1 BUSINESSES Litter Duty of owner, operator of business estab- lishments . . . . . . . . . . . . . . . . . . . . . . . . . 46-57 C CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS CAPITAL IMPROVEMENTS. See also: PUB- LIC WORKS AND IMPROVEMENTS Planning and zoning commission Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-166 et seq. See: PLANNING AND DEVELOP- MENT CARS. See: MOTOR VEHICLES AND TRAF- FIC CATS Animals Regulations in generally. . . . . . . . . . . . . . . 6-1 et seq. See: ANIMALS AND FOWL Vaccination of cats re rabies control. . . . . . . 6-72 CEMETERIES Animal Burial within human cemetery prohib- ited ........ . . .. .. . . . . . . . .. . . . . . . . 6-1 Parks Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-26 et seq. See: PARKS AND RECREATION CERTIFICATES Animals rabies control Issuance of vaccination certificates. . . . . . 6-73 CHEMICAL WASTE Industrial waste. . .. . .. .. . . . .. .. .. . .. . ... 62-186 et seq. See: UTILITIES Sewer service Generally. . . . . .. . . . .. . . . . . . . . . . . . .. ... 62-171 et seq. See: UTILITIES Solid waste Collection of refuse; litter. . . . . . . . . . . . . . 46-26 et seq. See: SOLID WASTE Subdivision regulations in general. See: SUB- DIVISIONS (Appendix A) CDi:3 ISYS PRICING INFORMATION Municipal Code Corporation ISYS is developed to provide equal access in single user and/or network environments. For multiple standalone users, a separate copy of the software is required for each workstation. For LAN installations, ISYS automatically monitors "concurrent usage" - i.e. the software will permit up to the licensed number of simultaneous users to be active at any time. This approach offers obvious and substantial savings over traditional "workstation licensing" systems. It also eliminates the need for continual auditing of license usage by network administrators, as the licensed limit can not be inadvertently exceeded. WINDOWS Complete Product DOS Complete Product Description Price Description Price Single User $ 435.00 Single User $ 395.00 3 User Lan Pack $ 1,109.00 3 User Lan Pack $ 1,007.00 5 User Lan Pack $ 1,784.00 5 User Lan Pack $ 1,620.00 10 User Lan Pack $ 3,437.00 10 User Lan Pack $3,121.00 20 User Lan Pack $ 6,612.00 20 Users Lan Pack $ 6,004.00 50 User Lan Pack $15,878.00 50 User Lan Pack $14,418.00 Quotes for larger configurations are available. Product is shipped by UPS 2nd-Day with respective fees added. LAN packs contain one set of documentation. Additional manuals can be purchased. Prices include toll-free technical support. Discounts may apply if ordered through Municipal Code Corporation CALL US IF YOU HAVE QUESTIONS OR WANT TO PLACE AN ORDER 800-262-2633 5/96