76-89 AN OPDINANCE O~ T~{E Cl~ CO~ISSION OF THE CI~ OF
DELRAY BEACH, FLORIDA, ~E~ING TI~E III, "~MINIS-
T~Ti ON", CHAPT~ 36, "FIN~CE; CI~ PROPER~
TRanSACTIONS", OF ~{E CODE OF OPDIN~CES OF ~E CI~
OF DEL~Y BEACH. FLORIDA, BY ~ACTING A NEW S'~HE~-
ING, "T~GE ORDERS ~D CO--CT MODIFICATIONS", TO
INCLUDE SECTIONS 36.10 THROUGH 36.14; PROVIDING FOR
THE P~.POSE OF SAID SECTIONS; ~OVIDING DEFINITIONS;
PROVIDING FOR APPROVAL PROCED~S FOR C~GE O~
TO PURCHASE ORDERS FOR NON-CONS~UCTION CO~CTS;
PROVIDING FOR APPROVAL PROCURES FOR C~GE O~
TO CONS~UCTION CO~CTS; PROVIDING FOR I~E~AL
PROCEDURES AND FOR ~E PROC~SING OF CH~GE O~E~;
PROVIDING A SAVING CLAUSE; PROVIDING A G~~
REPEALER CLAUSE; ~D PROVIDING ~ EFFEC~ DA~.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances of the
City of Delray Beach.. Florida, be and the same is hereby amended by
enacting a new Subheading, "Change Orders and Contract Modifications",
to include Sections 36.10 through 36.14 to read as follows:
CHANGE ORDERS AND CONTRACT MODIFICATIONS
Section 36.10 Purpose.
The purpose of this .subchapter is to establish responsibili-
ties and to implement procedures to be followed when change orders
are needed to purchase orders and/or modifications are needed to
contacts.
Section 36.11 Definition:
(a) Chan~e Order - A written order or agreement signed and
issued by the City, directing the vendor or contractor to make
changes to the purchase of supplies, equipment, services or con-
struction.
(b) Contract Modification - Any written alteration in speci-
fications, delivery point, rate of delivery, period of performance,
price, quantity, or other provisions of any contract accomplished
by mutual action of the parties to the contract.
Section 36.12 Change Orders or Contract Modification~
Non-Construction
All changes ~o non-construction purchase orders or contracts
shall be by issuance of a =hange order and/or contract modifi-
cation. Except as otherwise provided in this subchapter, the
Purchasing Director may issue, subject to approval of the City
· ~..~ox~n~_~. change order~ and/or contract
mo~[f%c~t[~n~ to correct error~, omissions, or discrepancies
in con[~a~t ~c~i~]~nts; cover acceptable overruns and freight
costs: incorporate requirements to expand or reduce the scope
of goods D'£ services ordered; or to direct other changes in
contra '~ ~'~ ~ ~-~ ~3 meet ~nforeseen field, regulatory or
market conditions~ ~here changes will not exceed $10,000.
(a) Where c~an~es '~ili increase the purchase order or
contract tot~l over $~n,~C% aS, _~.e ?~i~chasing Director shall have the
approval of the Cit7 C~ission.
Section 36.13 Change Orders or Contract Modifications;
Construction Contracts
Approval 3f 3onst£uction con~rac~ change orders or contract
modifications shall be as follows:
(A) A ~han~e ~'~r~er or contract modification of $10,000 or
less shall be initiated by a Department Head and the City
Engineer or outside Engineer subject to City Manager (or his
Designee's) approval.
C~ty Commission approval is required when the
cumulative total of change orders and/or contract
modifications exceeds $10,000 for any one contract.
(B) A change order and/or contract modification in an amount
over $I0,000, or involving an extension of time, must
have City Commission approval.
Section 36.14 Internal Procedures and Processes
A Change Order to a Purchase Order is handled in much the same
way as the issuance of .~ Purchase Order. The department requesting
the Change Order shall submit to the Purchasing Department a change
order request on a requi, sition indicating the reason for the
changes, i.e., increase in quantity, addition of items, etc.
Change Order requests that list a price change with no explanation
for the increase or decrease will be returned to the originator.
Change Order~ ~.~'~1 not be issued when changes are of an
insignificant nature ~tess than $25~ such that no written notifica-
tion is needed.
Section 2. ~hat ~hou. ld any portion, paragraph, sentence, or
word of this amendment be declared by a court of competent jurisdiction
to be invalid, such decision shall not effect the validity of the
remainder hereof as a whole 9r part thereof, other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be the s~ne and are hereby repealed.
Section 4. This ordinance ~hall become effective ten (10)
days after passage upon second and final reading~
$,_, 76-89
PASSED ~ND ADOPTED in regular session on second and final
reading on this 12th day of December , 19 89
~TTEST:
~st. City Clerk ' ~
First Reading Nov~mb. er 28. 19R9
Second Reading December 12, 1989
BEACH, FLORIDA, AMENDING Ti-
TLE II1, 'ADMtNISTRATIOI~, CHAP-
TER 36, ~INANC£~ CITY' PROPER-
TY TRANSACTIONS', OF THE CODE
OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA BY EN-
ACTING A NEW SUBHEADING,
"CHANGE ORDERS AND COHTRACT
MODIFICATIONS', TO INCLUI~E
SECTIONS 36.10 THROUGH 36.14;
PR~_VIDING FOR THE PURPOSE OF
! ~SECTIONS; PROVIDING DEFI-
~NS; PROVIDING
UAL PROCEDUR
~GE ORDERS TO
~ CONTRACTS;
~INTERNAL PR
~ THE PR~
aMNGE ORDERS;
Jill NG CLAUSE;
J~l_ ERAL REPEALER ~
:~Jl~ PROVIDING AN
J~J aJx~e ordinance is~
~lion Only as required !
qilcted at the Office of
J~the CJt'/ Hall, 100
'JlJlray Be~ch,
jeqt I'~1i~¥$. The
I~the City Hall On the lJlll ~ eJ
41~, I~, it 7~0 PAL(or at
~tinu~tiOn of SiKh meating which is
SI! by the CommissiOn), at which time
Ordi.~nce will he rebd by title
all I~'Sons interested will be
~ee o{~on,'lOnity to be heard. Please be
edvised that if a por~m or persons
cides to almeal any d~isi~ mede by
the CJI? CommissiOn wiffi resFeCt to
any metier cOnsidered at this meeting
~ hearing, such persons will ~ a
record of these preceadimgs, aed for
this pullxise such liorserls may need to
ensure that il velt)atim recm'd of tile
~roceedingJ ia made, which record [11-
cl~s the testimony alii evidonce
ulion which the a~aeel is to he based.
The Ci~ does ont provide or pre.re
· such record. Pursuent to F.S, iN,.01~5.
CITY OF DELRAY BEACH
ORD. NO. 76-89