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:
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CITY CLERK
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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
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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.
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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:
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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
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