Ord 21-08ORDINANCE N0.21-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01,
"COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY PROVIDING THAT
BIDDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SHALL BE
INCLUDED AS AN EXCEPTION FROM THE STANDARD PRACTICE INSTRUCTION;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of
Ordinances to reflect current Community Development Block Grant (CDBG) requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with
Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be
amended to read as follows:
Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS.
(A) The details of all City purchasing shall be performed in accordance with the latest
current revision of a standard practice instruction as issued by the City Manager, and as this reflects the
requirements of the City Charter and the current revision of the City's Code, except as set forth
in subsection (i) ~1(ii) and iii below.
(i) Personal Services Contracts.) Personal services contracts are contracts that
involve a particular skill or ability, such as, but not limited to, contracts for artistic
work, that are dependent upon specialized expertise, skill and experience.
Personal services contracts are not subject to the competitive bid
requirements of this Chapter, unless required by State law.
iii) Community Development Block Grant (CDBG) Proiects. Purchasin and
securing; contracts for CDBG projects shall be in accordance with the CDBG
Manual adopted by the Commission.
(~} iii Invitations to Negotiate. An invitation to negotiate is a process that may be used
by the City when it is seeking a response which involves a novel approach
or technological solution regarding the purchase of services and/or products.
Invitations to negotiate are not subject to the competitive bid requirements of this
Chapter, unless required by State Law.
(B) The City Manager or his designee shall have the authority to execute on behalf of the
City, all purchase orders, contracts, change orders, service authorizations or
modifications thereto when a public hearing, or approval, review, selection or award by
the Commission is not required by this Chapter.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 3rd day of June, 2008.
~~0. ~~
ATTEST:
MAYOR
~ ~a~
Acting Deputy City Clefk
First Reading ~ ~o ~~p
Second Reading ~ 3 ~o ~
2 ORD. NO. 21-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden City Manager
DATE: May 27, 2008
SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF JUNE 3, 2008
ORDINANCE NO.21-08
ITEM BEFORE COMMISSION
This item is before Commission for an ordinance amending Chapter 36, "Finance; City Property
Transactions", Section 36.01, "Compliance With Standard Practice Instructions", by providing that
bidding for Community Development Block Grant projects shall be
included as an exception from the Standard Practice Instruction.
BACKGROUND
At the first reading on May 6, 2008, the Commission passed Ordinance No. 21-08. At the May 20,
2008 meeting, the Commission voted to postpone the second reading to June 3, 2008 due to the need for
further advertisement.
RECOMMENDATION
Recommend approval of Ordinance No. 21-08 on second and final reading.
ORDINANCE N0.21-08
AN ORDINANCE OF THE QTY CONIl~RSSION OF THE QTY OF
DELRAY BEACH, FLORIDA., AMENDING CHAPTER 36, "FINANCE;
QTY PROPERTY TRANSACTIONS", SECTION 36.01,
"CONIl'LIANCE WITH STANDARD PRACTICE INSTRUCTIONS",
BY PROVIDING THAT BIDDING FOR COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECTS SHALL BE
INCLUDED AS AN EXCEPTION FROM THE STANDARD
PRACTICE INSTRUCTION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of
Ordinances to reflect current Community Development Block Grant (CDBG) reglrirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONMSSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with
Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be
amended to read as follows:
Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS.
(A) The details of all City purchasing shall be perforn~ed in accordance with the latest
current revision of a standard practice instruction as issued by the City Manager, and as this reflects the
requirements of the City Charter and the current revision of the Cit3/s Code, except as set forth in
subsection (i) arm (ii) and iii below
(i) (Pasora~l Sazic~ Contrads.] Personal services contracts are contracts that involve
a particular skill or ability, such as, but not limited to, contracts for artistic work,
that are dependent upon specialized expertise, skill and experience. Personal
services contracts are not subject to the competitive bid requirements of this
Chapter, unless regivred by State law
Manual adopted by the Commission
{~~ Iruitahores to Ne~oh'ate. An invitation to negotiate is a process that maybe used by
the City when it is seeking a response which involves a novel approach or
technological solution regarding the purchase of services and/or products.
Invitations to negotiate are not subject to the competitive bid regtrirements of
this Chapter, unless required by State Law
(B) The City Manager or his designee shall have the authority to execute on behalf of the
City, all purchase orders, contracts, change orders, service authorizations or modifications thereto when
a public hearing, or approval, review, selection or award by the Commission is not required by this
Chapter.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed
Section 4. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2008.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. N0.21-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: May 13, 2008
SUBJECT: AGENDA ITEM 10.B. -Regular Commission Meeting OF May 20, 2008
Ordinance No. 21-08
Item Before Commission
This ordinance amends Chapter 36, "Finance; City Property Transactions", Section 36.01,
"Compliance With Standard Practice Instructions", by providing that bidding for Community
Development Block Grant projects shall be included as an exception from the Standard Practice
Instruction.
Background
At the first reading on May 6, 2008, the Commission passed Ordinance No. 21-08.
However, an advertisement was not published for the second reading of Ordinance 21-08 on May
20, 2008; therefore, postponement of second reading to the June 3, 2008 meeting is requested.
Recommendation
Recommend postponement of second reading for Ordinance IVo. 21-08 to the June 3, 2008 regular
meeting.
C C : ~a,r,.e (d a~
www.bocanews.com • Boca Raton/Delray Beach News - Fciday-Saturday, May 23-24, 2008 13
100.
IUINOYNt~AENT3
., ~
CRY.OF DELAAY BEACH,FLORIDA
NOTICE OF PUBLJC HEARING
PUBLIC HEARING wi0 be held do the
blowing.proposed ordinances al 7:tlU
p.m. do TUESDAY, JUNE,3,:Z008 (or
at any conbrtuarlon of such meeting
i which is set by the Commission), iri'
the City Cammisskxt Chambers, 100'
N.W. 1st Avenue, Delray Beadt, Flor-
ida, al whidi bnte the Cily Comm'cssian
witl consider their edaptbn. The pro-
posed ordinances may be inspected
at the 01hce of the Cily perk at Cily
Hall, 100 N.W. 1st Avenue, Delray
Reach, Florida, behveen Vte hours of
8:00 a.m. and~5:00 p. m., MonCay
through Friday, ezcepi~~trolidays.~All
interested parties are irniled to attend
arzl be heard wilt respect to tl1e pro-
. posed a~nances..
ORDINANCEN0.08.08
AN ORDINANCE OF THE CITY COM-
MISSK)N OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING, IN
ITS ENTIRETY, CHAPTER 57,
'RIGHT-OF•WAY ~ APPLICATION
PROCESS. FOR COMMUNICATIONS
FAGLJTIES' OF THE CODE OF OR-
DINANCES AND ENACTING A NEW
CHAPTER 57, ~'COMNIUNICATIONS
FAGLffIES IN PUBLIC. RIGHTB•OF,
WAY'; ~TO: PROVIDE:~7yE :TERMS.
AND CONDITIONS FOR 'THE
ERECTING,~CONSTRUCTING, AND
MAINTAINING OF A COMMUNICA-
TIONS.~FACILITY.IN THE CITY'S
PUBIIC:.FIIGHTS-OF-WAY FOR THE
CLAUSE, A GENERAL REPEALER
CLAUSE; AND AN EFFECTIVE
DATE.
ORDINANCE N0.27-08
AN ORDINANCE OF THE CITY COM-
\ MIS§ION OF THE CITY OF DELRAY
BEACH, FLORIDA; ~: AMENDING
CHAPTER. 36, 'FINANCE; CITY
PROPERTY TRANSACTIONS", SEC-
TION 36.01, 'COMPLIANCE WITH
.STANDARD PRACTICE INSTRUC-
TIONS', BY PROVIDING THAT.BID-
DING FOR COMMUNITY OEVELOP-
MENT BLOCK GRANT PROJECTS
SHALL BE INCLUDED AS AN EX-
CEPTION FROM THE STANDARD'
PRACTICE INSTRUCTION; PRO-I
VIDING~.A' SAVING CLAUSE,'A GEN-
EFiAL~ REPEALER CLAUSE ANO AN
FFFECTNE DATE.
Please be advised that 8 a Person Or
tides to appeal any decision made by
Me City Commission with respect to
any~maner considered at. these hear
ings, stxh person may need to ensure
that a verbatim record includes the
testimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepaie such
record puraeN to F.5.286.0105.
CRY OF DELRAY BEACH
greelle D- Nubin, CMC
,~ . ~ City Clerk
Publish: Friday, May 23, 2008
Baca Raton News