HomeMy Public PortalAbout1992 Publication Of Ordinances Codification.tifProfessional Services Proposal
for
Key Biscayne, Florida
June 9, 1992
Municipal Code Corporation
Table of Contents
Page No.
PROPOSAL
PART ONE - PUBLICATION OF ORDINANCES
(1) Ordinances Included 1
(2) Editing 1
(3) Index 2
(4) Tables 2
(5) Typesetting and Proofs 2
(6) Printing and Binding 2
(7) Sample Ordinance Service 3
(8) Delivery/Adopting Ordinance 3
PART TWO - ADDITIONAL SERVICES AVAILABLE
(1) Analyzation of Ordinances 3
(2) Magnetic Media 4
(3) Reprints 4
PART THREE - LOOSELEAF SUPPLEMENT SERVICE
(1) Schedule 4
(2) Ordinances to be Furnished by Municipality 4
(3) Editorial Scrutiny 4
(4) Editorial Notes 5
(5) Index and Tables 5
(6) Instruction Sheet 5
(7) Checklist 5
(8) Tabular Matter 5
(9) Magnetic Media 5
(10) Reprints 5
(11) Annual State Law Review; Report 5
(12) Analyzation of Code 5
(13) Sample Ordinance Service 6
(14) Shipment 6
(15) Termination 6
QUOTATION SHEET 7
SIGNATURE PAGE 9
ATTACHMENTS:
MCC Qualifications
Sample Pages
ii
PROFESSIONAL SERVICES PROPOSAL
PUBLICATION OF THE ORDINANCES
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
publish a Code of Ordinances for the VILLAGE OF KEY BISCAYNE, a municipal
corporation duly organized and existing under the laws of the State of Florida, hereinafter
referred to as the Municipality, according to the following terms and conditions.
PART ONE
PUBLICATION
MCC will, under the supervision of the Attorney for the Municipality:
(1) ORDINANCES INCLUDED. Classify and edit the ordinances of a general
and permanent nature passed in final form by the Municipality as of the date of any contract
entered into pursuant to this agreement; provided that the Municipality may forward to the
offices of MCC all ordinances passed subsequent to said date for inclusion in the new Code.
(2) EDITING. The editorial process shall include the following:
(a) Chapter Arrangement. Each chapter of the new Code shall embrace
all ordinances dealing with the subject matter of that chapter, and within
the chapter itself, the ordinances shall be arranged in an orderly and
logical fashion. Chapters, sections and page numbers will be reserved
to include new material for future expansion.
Title arrangement is also available and will be discussed at the
conference.
(b) Chapter Analysis. Each chapter of the new Code will be preceded by
a detailed analysis listing the articles, divisions, and sections contained
therein.
(c) Catchlines. Preparation of a catchline for each section, which catchline
shall reflect the content of the section.
(d) History Notes. Preparation of a history note for each section of the
new Code, which note will indicate the source from which the section
is derived.
(e)
Footnotes and Cross References. Preparation of editorial footnotes and
cross references which tie together related sections of the new Code.
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(3) INDEX. A comprehensive, legal and factual general Index for the entire Code
will be prepared. All sections are indexed under major subjects with appropriate section
citations. Columnar citations are used to enhance the ease of reference.
(4) TABLES. The following Tables will be prepared for the new Code:
(a) Table of Contents. This Table will list the chapters, articles or divisions
of the Code, with appropriate page numbers.
(b) Comparative Table. This Table will list the ordinances included in the
Code, in chronological sequence, setting out the location of such
ordinances in the Code.
(c) Tables of special ordinances. In lieu of setting out in full, MCC offers
to prepare separate tables listing the special ordinances, such as
franchises and annexations, by date and subject matter for ease of
reference.
(d) Schedule of permit fees and charges. MCC will assist in developing a
schedule of permit fees and charges which may be included as an
appendix to the Code.
(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.
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.
MCC's policy guarantees typographical correctness for an indefinite time. Errors
attributable to MCC will be corrected at any time, without charge to the Municipality.
(6) 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.
(b) Page format. The page size will be consistent with the format chosen by the
Municipality. Formats available are 6 x 9 inches, 8-1/2 x 11 inches, single
column (samples attached).
2
(c) Type size. The Municipality may choose the type size desired for the text and
index of the new Code volume.
(d) Special material. 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 imitation leather covers
stamped in gold leaf (color choices available).
(f) Separator tabs. MCC will furnish separator tab sheets (mylar tabs, printed
both sides) for the Codes. The tabs will reflect the major divisions or chapters
of the Code volume.
(7) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will
be furnished upon request. A sample ordinance index will be furnished for use in requesting
the desired sample provisions.
(8) DELIVERY/ADOPTING ORDINANCE. MCC will perform the work of editing,
printing and binding as set out above and make final delivery of the completed Codes within
ten (10) months from the date of receipt of the executed contract and material, excluding
time required for the analyzation process, review of the proofs and any delays occasioned by
the Municipality.
At this time, MCC will furnish the Municipality with a suggested form of an ordinance
adopting the new Code. 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.
PART TWO
ADDITIONAL SERVICES AVAILABLE
(1) ANALYZATION OF ORDINANCES WITH STATE LAWS (Optional). The
Corporation offers, under the direction of the Municipal Attorney, to review the ordinances
against current state laws. The law editor will submit an editorial memorandum to the
Municipal Attorney outlining all recommendations for eliminating duplications, inconsistencies
and obsolete provisions. Appropriate state law references will be included in the Code, as
deemed necessary. A Statutory Reference Table will be prepared, listing by statutory citation
all sections carrying a reference. This Table will be prepared only if desired by the
Municipality.
Recommended provisions desired to be included as a result of the analyzation, will
be incorporated in the Code, upon specific instructions from the Municipality. Amendatory
ordinances may be included in the future through the Looseleaf Supplement Service as
provided in Part Three.
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(2) MAGNETIC MEDIA. MCC can provide the Code on magnetic media. We
recommend Socrates, our text search and retrieval software, which is integrated with the
Code.. The three main benefits of Socrates are:
(a) Integrity of the data is guaranteed. MCC has _ the sole ability to amend the
version of the Code on which Socrates operates. Thus inadvertent and
malicious degradation of the Code's language is prevented.
(b) Easy "exportation" of language to your word processing for drafting and
amendatory purposes. Utilizing your existing word processing program
eliminates learning new editing commands and allows new ordinances to follow
existing procedures.
(c) Questions can be asked in "plain English;" you don't have to be a programmer
to use Socrates.
The new Code can also be provided in ASCII or WordPerfect 5.1, though MCC
warrants only the integrity of the data on the disk sent to the Municipality by MCC.
(3) REPRINTS. Additional copies of specific chapters or any portion of the Code
may be printed and bound in paper covers - for separate sale or distribution by the
Municipality. Quotations for specific chapters in pamphlet format will be furnished upon
request.
PART THREE
LOOSELEAF SUPPLEMENT SERVICE
(1) SCHEDULE. The Code of the Municipality will be kept up-to-date by the
publication of Looseleaf Supplements containing the new ordinances of a general and
permanent nature enacted by the governing body. The Supplements will be published
bimonthly, quarterly, semiannually or annually, depending on the requirements of the
Municipality. There shall be no additional charge for more frequent publication. A
minimum of thirty (30) working days shall be required for delivery of a Supplement following
publication of the previous Supplement.
(2) 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 on diskettes if available. If diskettes are provided by the
Municipality, it is also requested one copy of each ordinances be furnished for verification
purposes.
(3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member
of the law editorial staff of MCC in conjunction with the existing provisions of the Code for
the purpose of determining if any provisions of the basic Code are repealed, amended or
superseded. The page or pages of the Code containing provisions that are repealed or
amended by ordinance shall be reprinted or printed to remove such repealed or amended
provisions and to insert the new ordinances.
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(4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and
appended as deemed necessary by MCC. State law references appended to the new
ordinances by the Municipal Attorney will be included as appropriate footnotes.
(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 printed or reprinted to include the new entries. The Comparative and State
Law Reference Tables will also be kept up-to-date by listing the ordinances and state law
citations, if any, included in each Supplement, together with their disposition in the Code.
The Table of Contents will also be kept current to reflect changes in the Code Volume.
(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.
(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) MAGNETIC MEDIA. If the Municipality has chosen to receive the Code on
magnetic media as set out in Part Two of this agreement, the magnetic media delivered after
supplementation will reflect the entire Code as updated through the most recent supplement.
(10) REPRINTS. The looseleaf reprint pamphlets, which contain certain portions
of the Code, including appropriate Index, will be kept up-to-date at the same time the Code
volume is supplemented, if desired.
(11) 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. If an extensive legal review of the Code is required based
on massive state law changes, this review will be as provided below.
(12) 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.
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(13) SAMPLE ORDINANCE SERVICE (OPTIONAL). Sample provisions of
specific subjects will be furnished upon request. A sample ordinance index will be furnished
for use in requesting the desired sample provisions.
(14) SHIPMENT. The 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 Looseleaf Supplement Service as provided herein shall
be in full force and effect for a period of five (5) years and shall be automatically renewed
from year to year, provided that either party may alter or cancel the terms of this agreement
upon sixty (60) days' written notice.
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QUOTATION SHEET
(A) PUBLICATION
(1) Base cost $4,500
(2) Base cost includes:
(a) Editorial work
(b) Typesetting and proofs
(c) Indexing
(d) Special order tabs
(e) Sample Ordinance Service
(f) Printing and binding
(3)
(i) Number of copies
(ii) Number of binders
(iii) Please choose desired format
(estimated pages)'
25
25
[] 6 x 9 inches 200
[] 8-1/2 x 11 inches, single column 150
Base cost does not include:
(a) Pages in excess of those listed above
will be billed as follows:
(i)
(ii)
6 x 9 inches
8-1/2 x 11 inches, single column
(b) Tabular matter, additional per page
(c) Freight charges
invoiced upon shipment.
(B) ADDITIONAL SERVICES AVAILABLE
(1) Analyzation of Ordinances with
State Statutes, per hour
(not to exceed a mutually agreed upon
number of hours)
$18
$26
$10
prepaid
$75
'A page is defined as the area on one side of a sheet of paper. A sheet contains two
(2) pages.
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(2) Magnetic media: Socrates, single user,
ASCII or WordPerfect
(C) LOOSELEAF SUPPLEMENT SERVICE
(1) Annual fee for Supplements
(2) Number of copies
(3) Cost per page
$750.00
none
25
(a) 6 x 9 inches $16
(b) 8-1/2 x 11 inches, single column $18
(c) Tabular matter, additional per page $10
(d) Updating magnetic media negotiated
(4) Sample Ordinance Service (Optional)
(a) Up to 100 pages, per annum
(b) Over 100 pages, per page -
$180.00
$0.50
(D) PAYMENT
(1) Upon signing of the contract $1,500
(2) (Optional) Upon completion of analyzation,
if paragraph (1), PART TWO, is chosen total
(3) Upon receipt of proofs $1,500
(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) Freight charges will be prepaid and invoiced at time
of final billing.
The terms of this proposal 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 CORPO TION
iiQ/U Cfi XJ .
Witness
June 9, 1992
t
resident
Accepted by:
KEY BISCAYNE, FLORIDA
Witness (Title)
II 1 1, HZ_
Date
9
QUALIFICATIONS
BACKGROUND
For the last 41 years Municipal Code Corporation has engaged exclusively in editing
and publishing Codes for cities and counties of all sizes throughout the United States. MCC
has published and supplemented more Codes which are in current use than any other
codifier in the Country. This experience enables us to offer you the finest services available.
(1) Business location: 1700 Capital Circle, SW
Tallahassee, FL 32304
1-800-262-2633 or 904-576-3171
(2) Incorporation Date: March 1951
(3) Current Code accounts serviced: 2,000
(4) Project contact persons: Bill Carroll, Vice President - Codes
Becky DeNeve, Vice President - Electronic Publishing
LAW EDITORIAL STAFF
George R. Langford, LL.B., University of Virginia; 41 years' experience in editing and
publishing city and county Codes; Chairman of the Board.
A. Lawton Langford, B.A., Vanderbilt University; M.B.A., J.D., Florida State University;
Member of Florida Bar; President.
William James Carroll Jr., B.S., Penn State University; J.D., Florida State University; 18
years' experience in editing city and county Codes; Member of Florida Bar; Vice
President of Code Department.
Milt Lefkoff, A.B., Stanford University; J.D. University of Georgia; 22 years' experience in
legal editing; Member of Georgia Bar.
James S. Vaught, B.A., J.D., Florida State University; 21 years' experience in editing city and
county Codes; Member of Florida Bar.
Roger D. Merriam, B.A., Mercer University; J.D., Emory University; 18 years' experience in
editing city and county Codes; Member of Florida Bar.
Alyce A. Whitson, B.A., University of South Florida; J.D., University of Florida; 10 years'
experience in editing city and county Codes; Member of Florida Bar.
Jan N. Shekitka, B.A., Wofford College; J.D., University of Miami (Florida); 8 years'
experience in editing city and county Codes.
H. Palmer Can, B.A., J.D., Mercer University; 10 years' legal experience in private practice
and public service; 4 years' experience in editing city and county Codes; Member of
Georgia Bar.
Allen Zachary Paul, B.A., University of Oklahoma; M.S., Ph.D., J.D., Florida State University;
over 5 years' experience in general, civil and administrative law; 4 years' experience in
editing city and county Codes; Member of Florida Bar and American Bar Association.
Mary Rose DiMarco, B.A., Westfield State College; J.D., Loyola University, New Orleans; 2
years' experience in editing city and county Codes.
SUPPORT PERSONNEL
MCC's law editorial staff is supported by a full complement of assistants, clerks, etc.
In addition, MCC maintains a full-time proofreading department with a captive printing plant
which prints Codes and Supplements to meet the contractual requirements of MCC. All
facilities are located on our premises, which enables us to control each project from
beginning to end with no part being subcontracted. Key personnel are available to answer
questions during any phase of the project and to assure quality control in all aspects of
publication.
The entire staff, including the printing operation, consists of approximately 150
employees, including 11 attorneys, 17 editors, and 46,000 square feet of floor space.
LICENSES AND BUSINESS TAXES § 10-3
ARTICLE I. IN GENERAL
Sec. 10.1. Definition.
As used in this chapter, the word "person" shall include but not be limited to individuals,
firms, partnerships, joint ventures, corporations, companies, associations or joint stock asso-
ciations or any other business or legal entity, and any trustee, receiver, assignee or personal
representative thereof carrying on or continuing a business, profession, trade or occupation,
but shall not include a trustee, receiver or other representative duly appointed by a court to
liquidate assets for immediate distribution, or a sergeant or sheriff or any deputy selling under
authority of process or writ or other order of a court.
(Ord. of 12-11-84, § 9-1)
Sec. 10.2. Doing business, etc., without required license prohibited.
It shall be unlawful for any person to engage in any business, trade, occupation, calling,
profession, vocation or activity within the corporate limits of the town for which a license is
required, levied, imposed, assessed or collected by the provisions of this chapter without
having a currently valid town license to do so and without having first paid to the town the
license or privilege tax so levied, assessed or imposed. Any person who intentionally fails to
file an application for any license or gross receipts tax shall be guilty of a misdemeanor, and
upon conviction shall be fined not more than $500.00.
(Ord. of 12-11-84, § 9-2)
State law reference —License requirement, Code of Virginia, § 58.1-3700.
Sec. 10.3. Application for license; tender of license tax.
Every person liable for the payment of a license or gross receipts tax under the provisions
of this chapter shall make a written application therefor to the town treasurer at his office on
a form provided by the town, which shall be properly and fully executed by the applicant, and
shall disclose, among other things:
(1) The correct name, trade name if any, business address within the town, residence
address and age of the applicant.
(2) The type of license applied for, the nature of the business, trade, occupation or pro-
fession to be conducted and the location within the town of each place where the
licensed business or activity will be conducted.
(3) Such other information as may be required by the treasurer or the town council to
determine whether the license applied for should be granted, including but not lim-
ited to the amount of gross receipts of the business, the amount of the license tax, and
the conditions, if any, under which the licensed business or activity shall be con-
ducted.
(4) Each application shall be verified under oath of the person seeking to be licensed, and
if such person be a corporation or firm, by the oath of an officer thereof.
609
CODE INDEX
BONDS Section
Erosion and sediment control 6-1 et seq.
See: EROSION AND SEDIMENT CONTROL
Erosion and sediment control bonding requirement 6-8
Excavation bond or cash deposit requirement 19-78 et seq.
Miscellaneous ordinances not affected by Code 1-13
Official bonds for town officers and employees 2-1
Picketing requirements 5-33
See: PICKETING
BONFIRES AND OTHER RUBBISH FIRES
Authorization, etc .. 8-4
Fire prevention and protection generally 8-1 et seq.
See: FIRE PREVENTION
BOULEVARDS
Street defined re
Streets generally. See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
BRASS OR METAL KNUCKLES
Offenses relative to weapons
See: FIREARMS AND WEAPONS
BRIDGES
Street defined re
Streets generally. See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
1-2
15-239
1-2
BROTHELS, BORDELLOS, ETC.
Prostitution regulations 15-161 et seq.
See: PROSTITUTION
BRUSH. See: WEEDS AND BRUSH
BRUSHFIRES
Carelessly damaging property by fire 8-3
Kindling of fire upon land of another 8-2
BUDGET
Annual budget estimate meeting 2-27
Council meetings generally. See: TOWN COUNCIL
Fiscal affairs of town generally. See: FINANCES
Miscellaneous ordinances not affected by Code 1-13
BUILDING SEWERS
Sewage disposal regulations 17-1 et seq.
See: SEWERS AND SEWAGE DISPOSAL
BUILDINGS AND CONTRACTORS
Animal structures, enclosures, etc 3-3
See: ANIMALS AND FOWL
Board of appeals 4-9
1979