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HomeMy WebLinkAboutReso 2000-203 RESOLUTION NO. 2000- 2.0; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH MUNICIPAL CODE CORPORATION, ATTACHED AS EXHIBIT "A" FOR CODIFICATION OF THE CITY'S ORDINANCES AND SUPPLEMENT SERVICES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami-Dade County and the newest municipalities of Key Biscayne, Pinecrest and A ventura each have on-going contracts with Municipal Code Corporation for codification and supplement services for their ordinances and on-line accessibility to anyone; and WHEREAS, the work efforts of the City Clerk, City Attorney and other departments will be facilitated by the codification of City ordinances; and WHEREAS, the City Commission of the City of Sunny Isles Beach wishes to enter into the attached agreement for Codification and Supplement Services with Municipal Code Corporation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. The City Manager is hereby authorized to execute the attached agreement with Municipal Code Corporation for codification and supplement services for the City's ordinances. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 24th day of February, 2000. David Samson, Mayor ATTEST: ~~~~~~ Richard Brown-Morilla, City Clerk R2000- Municipal Code Codification 02/18/00 -10:18 AM RB-M 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY ,a~ M. Dannheisser, City Attorney VOTE: ~-o Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky R2000- Municipal Code Codification 02/18/00 - 10:18 AM RB-M Moved by: ~'\~\~ Seconded by: ~\lL M.T ~ ../ (Yes) _ (No) V (Yes) _(No) -----v- (Yes) _ (No) ~(Yes) _(No) ~(Yes) _(No) 2 ADDITIONAL COpy TO BE SIGNED AND RETURNED IF ACCEPTED ~I PROFESSIONAL SERVICES PROPOSAL SUNNY ISLES BEACH, FLORIDA MUNICIPAL CODE CORPORATION Table of Contents Page No. PROPOSAL PART ONE - CODIFICATION OF ORDINANCES (1) Ordinances Included .............................. 1 (2) Copies of Material ............................... 1 (3) Editorial Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 (4) Notice of Completion of Editorial Work ................. 2 (5) Typesetting and Proofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 (6) Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 (7) Printing and Binding .............................. 2 (8) Code on Computer ............................... 3 (9) Information Retrieval Software ....................... 3 (10) Support and Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 (11) Internet Connection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (12) Shipment; Adopting Ordinance. . . . . . . . . . . . . . . . . . . . . . . . 4 PART TWO - SUPPLEMENT SERVICE (1) Ordinances to be Furnished by Municipality. . . . . . . . . . . . . . . 5 (2) Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (3) Electronic Supplementation . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (4) Editorial Scrutiny ................................ 5 (5) Editorial Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (6) Index and Tables ................................ 5 (7) Instruction Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (8) Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 (9) Tabular Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 (10) Reprints...................................... 6 (11) Sample Ordinance Service .......................... 6 (12) Annual State Law Review; Report ..................... 6 (13) Analyzation of Code .............................. 6 (14) Shipment...................................... 6 (15) Termination.................................... 6 QUOTATION SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SIGNATURE PAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PROFESSIONAL SERVICES PROPOSAL 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, codify and publish the ordinances for the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation duly organized and existing under state law, hereinafter referred to as the Municipality, according to the following terms and conditions: ......"'..".........,-,.....-----..-.. . --.-----.".. ....----.'."....--.'......."'.......""'...---..-. ......-.---.--...._- .....'...'..---.--.......--.-.""'...-..-.","..-- --.-...... .......----.........'...,...."".....--.............,..."".,.._-".. ..---........"..---.-..-..,..--..........,......---.--.-.........-...-,.,.,...",....". ..................---.-------. '.........,.-"....--.......".,.-....,.., '..-...""......----...."... ....".."'......".......-..."....,..,."""'.....,."".......-.--.".. .......---'-..".'.'...-.-.,...--....,.....,.,-,--..,.,..,..,.......-...,.,_.__.-..,-,-- . .. '.......".......'...."".....--...."'.................-....."..... . . '.......--..'..'.."'.................."'.......-..,...".................---......,. . ...'.'.'.-..--....,..._'.'.......'...-...-._._..._'.-.-...'."""---...-..-......'.'..-'..-.-.-.,.--,-...---'.-""'-'-'-'. . .-.----..---......--..---.........-.--.-.."'.----..-.--.'-.--------.......-.--......... . .... . .:PARt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will, under the supervision of the Municipality's attorney, codify the ordinances of a general and permanent nature passed in final form by the Municipality as of the date of this agreement. However, the Municipality may forward ordinances subsequently passed for inclusion in the new Code until notice is received that the editorial work has been completed. (2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the preparation of the Code, all ordinances of a general and permanent nature passed in final form, and either typed or printed copies ofthe Charter and all amendments thereto. The ordinances may be furnished in hard copy, on diskettes or via e-mail. (3) 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. 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) Catch lines. Each section will be preceded by a catchline, which shall reflect the content of the section. f) History notes. A history note will be prepared for each section of the new Code. The note will indicate the source from which the section is derived. 1 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) Comparative table. This table lists all ordinances included in the Code in chronological and/or numerical sequence, setting out the location of such ordinances in the Code. (4) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all editorial work, MCC will notify the Municipality 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. (5) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will submit one set of proofs to the Municipality for review. The Municipality may make word changes on the proofs without charge. However, the Municipality will be charged for changes or deletions constituting more than one page of type. For the purpose of this proposal, a page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. It shall be the duty of the Municipality 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 Municipality request to review the proofs beyond forty-five (45) days but fail 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 Municipality. 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 the contract is in effect. (6) 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. (7) PRINTING AND BINDING. When the proofs are returned by the Municipality, MCC will proceed with printing and binding the Code in accordance with the following: a) Copies. The number of copies desired by the Municipality will be printed on 50 lb. white offset paper. 2 b) Page format. The page size will be consistent with the format chosen by the Municipality: 8!h x 11 inches, single column or 8!h x 11 inches, double column (samples attached). c) Type size. Various type sizes are available for text. MCC will publish the Code in ten- point type, unless otherwise specified by the Municipality. Notice of change must be given prior to the completion ofthe editorial work so that the impact upon cost can be determined and discussed. d) Tabular matter. Tables, drawings, designs, Algebra formulae, or other materials which require engraved cuts or special methods of reproduction, will be no additional charge. e) Binding. MCC will bind copies of the completed Code in expandable post binders with slide lock fasteners. Covers will be imitation leather and available colors are black, red, burgundy, blue, navy or green, with gold lettering. Other binder choices are available (D-ring and three-ring). Cost may vary. Additional binders can be ordered at any time at the then current prices. f) 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. g) Reprints of chapters. Additional copies of specific chapters or portions of the Code, e.g., Zoning Regulations or Police Manual containing selected sections, may be ordered for binding in paper covers for separate distribution or sale. Prices will be furnished upon request. (8) CODE ON COMPUTER. MCC can provide the Code in most word processing programs like WordPerfect or WORD. Alternatively, the Code can also be provided in generic text form like ASCII. The Code can be furnished on 3 W' disk, CD-ROM, or via the Internet or modern. (9) INFORMATION RETRIEVAL SOFTWARE. MCC offers to provide the Code integrated with Folio Bound VIEWS. Folio Bound VIEWS 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 operators, phrase searching, proximity searching and word stemming to include word variations and synonyms in searches. Folio Bound VIEWS is available for Windows and Macintosh. (10) 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, quotation upon request. 3 (11) INTERNET CONNECTION. Should the Municipality desire to place the Code on the Internet, it may be included on MCC's home page (http://www.municode.com).This home page contains a growing collection of Codes of Ordinances, and is available to anyone with Internet access. A link to the municipality's home page can also be provided with this service. The fee includes updating the Code on the Internet with all Supplements completed. (12) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC will ship the Code as directed by the Municipality. At this time, MCC's attorney will furnish the Municipality 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. 4 .-,.....---.,..". ...--.....--....... ...... . PAIn Two . SUPPLEMENT SERVICE (1) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall forward to MCC copies of the ordinances upon final enactment by the Municipality. The ordinances may be furnished in hard copy, on diskettes or via e-mail (ords@mail.municode.com). (2) SCHEDULE. After shipment of the new Code MCC shall keep the Code up-to-date by the publication of 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 Municipality. There is no additional charge for frequent publication. A minimum of thirty (30) working days shall be required for delivery of a printed Supplement. (3) ELECTRONIC SUPPLEMENTATION. If the Municipality 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 Municipality's needs, e.g., monthly or bimonthly. The Municipality 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. (4) 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 shall 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 Municipality will be notified so that remedial action may be taken. (5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to the new sections as deemed necessary by the editor. (6) 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. (7) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal ofthe 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. 5 (8) 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. (9) 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 no additional charge. (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. (II) 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 Municipal Attorney of any changes which may affect local government Codes generally. Ifan 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 Municipality 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 Municipal Attorney as to any Code changes deemed necessary or desirable as a result of such analyzation. MCC's attorney will work with the Municipal 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 Municipality. (14) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the holders of the Codes. However, storage, distribution and billing services are available. Prices will be furnished upon request. The Municipality shall have the exclusive right to sell the Codes and Supplements. (15) TERMINATION. The Supplement Service provided under this Part Two shall be in full force and effect for a period of three (3) years from the date of shipment of the completed Code to the Municipality. Thereafter, the 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. 6 ,......,.....1 "'I.. lR"''''I.I1.. "''" I I U "'''' I oJ. I r /''''. r"t I '" II "', .... .. ... .,... .. .. ."... . . .,' .......... .:. .,. ..... .. .. ,..,. .. ............ . . .. . '" . ,.......', .... ,.., . QV(#A~..QN .S"~tT ....... PART ONE - CODIFICATION: (1) BASE COST, includes $6,450 a) Editorial Work b) Typesetting and Proofs c) Indexing d) Printing and Binding I. II. III. IV. Number of copies Number of binders Number of sets of special order tabs Estimated pages (please choose desired format)' [] 8Y2 x 11 inches, single column [] 8Y2)( 11 inches, double column 22 22 22 270 225 (2) BASE COST DOES NOT INCLUDE: a) Pages in excess of those listed above will be billed as follows: i. 11. 8~ xl1 inches, singh, column 8Y2 x 11 inches, double column $20 $24 b) Tabular matter, additional per page No additional charge c) Freight charges (invoiced upon shipment) prepaid (3) ADDITIONAL SERVICES AVAILABLE: a) Reprints of chapters quotation upon request b) Code on computer i. Data integrated with F()/io Bound VIEWS one license (includes handling) 11. Each additional license $515 $100 c) Code on the Internet (includes all updates) members of Florida League of Cities no charge A page is defmed as the area on one side of a sheet otpaper. A sheet contains two (2) pages. 7 I IV"'.""",. n... 291.:....."..,... ","'IV VV I~. II nV.I"'t1 "''''v'' (4) PAYMENT FOR CODIFICATION. (May be scheduled through two budget years.) a) b) c) Upon signing of th~ contract Upon receipt of proofs Balance upon delivery of Code. $2,000 $1,675 PART TWO - SUPPLEMENT SERVICE (1) NUMBER OF PRINTED COPTES ->>' ~2.. (2) SUPPLEMENT SERVICE, Cost per page a) b) c) 8Y2 x II inches, single column 8Yz x 11 inches, double column One set of disks, per Supplement (cost in addition to regular Supplement per page charge) I f additional sets of updated disks required, per set 550 $18 $22 $75 d) (3) ELECTRONIC SUPPLEMENTATION Quotation upon request (4) ANNUAL STATE LAW REVIEW; REPORT No charge (5) SAMPLE ORDINANCE SERVICE - during the first year following shipment of the Code No charge (6) PAYMENT FOR SUPPLEMENT SERVICE a) Paym~nl for the Supplement Service will be due upon receipt of an invoice. Supplementc; will be invoiced when shipped. b) Freight charges for tht: supplemcnts will be prepaid and invoiced at time of final billing. 8 The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Municipality. Submitted by: MUNICIPAL CODE CORPORATION 1 2i?i . -. . ,,/' /' It i #....w~ I... ,/(A <-- y- Witne~s:; December 20, 1999 Accepted by: SUNNY ISLES BEACH, FLORIDA t\~S't~ ~~~ Witness c..\~ ~ F~.z.~""', ~oO Date Titi : c:.\~ ""- ~\'\o..~ 9 ",.