Res Emerg H-Hurricane Jeanne
RESOLUTION NO. H - HURRICANE JEANNE
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, RELATING TO EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY; AUTHORIZING EMERGENCY
PURCHASING AND PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN
CITY CODES, RULES AND REGULATIONS RELATING TO PURCHASING AND
PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS
AND AUTOMATICALLY RENEWED EVERY THIRTY (30) DAYS UNTIL FURTHER
ACTION BY THE CITY COMMISSION.
WHEREAS, a Stat,e of Emergency in the City of Delray Beach was proclaimed by David
Harden, City Manager o~~rda.y, September;,'t5'2004 due to Hurricane Jeanne; and
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WHEREAS, it is expected that Hurricane Jeanne will cause extensive damage to public and
private property within the City of Delray Beach; and
WHEREAS, the procurement of emergency supplies, goods and services is necessary as is
the expeditious restoration of property to pre-existing conditions is vital to enable the re-establishment
of public activity; and
WHEREAS, adherence to certain local ordinances, rules and regulations establishing
purchasing and procurement procedures can delay the process handling the emergency of restoring
public facilities to conditions existing prior to the emergency; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the
enactment of emergency procurement procedures during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the preamble to this resolution are hereby
adopted by reference thereto and incorporated herein, as if fully set forth in this section.
Section 2. A declaration of a State of Emergency proclaimed on~-r.lrJ<t'( ,September.2(
2004 is hereby confirmed.
Section 3. Hurricane Jeanne is expected to cause damage to numerous properties,
rendering them unsafe or marginally habitable.
Section 4. The emergency will cause disruption and damage to roads, streets and other public
facilities and thoroughfares.
Section 5. It is necessary to eliminate immediate threats to the life, health and safety of
residents and employees, and eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community.
Section 6. A valid public emergency exists justifying the waiver of formal competitive sealed
bids and competitive selection procedures for the acquisition of such services, equipment, goods
and/or materials, as may be required for burden relief and disaster assistance.
Section 7. By an affirmative vote of 4/5ths of the members of the City Commission, formal
competitive sealed bid procedures for the procurement of services, equipment, goods and/or
materials for the purpose of eliminating immediate threats to the life, health and safety of residents
and employees and to eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community, are hereby waived.
Section 8. The City Manager is hereby authorized to utilize City forces to participate in the
burden, relief and disaster assistance as may be required.
Section 9. The City Manager is hereby authorized to: accept the most reasonable, responsive
and responsible bid or quote (for necessary improvements, services, equipment, goods and/or
materials associated with said burden relief and disaster assistance) and to execute the necessary
purchase order(s), agreements, service authorizations, or change orders in a form acceptable to the
City Attorney.
Section 10. The City Commission hereby ratifies, approves and confirms the City Manager's
previous expenditure of monies for contracts and awards in conjunction with the burden relief and
disaster assistance.
Section 11. The City Manager is hereby authorized to execute agreement(s), service
authorization(s), change order(s) and/or purchase orders for acquisition of such services, equipment,
goods and/or materials, as may be required for burden relief and disaster assistance.
Section 12. The City Manager is hereby permitted to proceed without express City
Commission approval, execution of such purchase orders, contracts, service authorizations, change
orders, and agreements and in his expenditures of monies for the aforesaid, in conjunction with said
burden relief and disaster assistance where such expenditure of monies for any contract and/or
award in connection therewith, does not exceed $150,000.00.
Section 13. The City Manager is instructed to submit to each City Commissioner a copy of
each contract, agreement, purchase order, service authorization, or change order issued pursuant to
this resolution on the same day said contract or purchase order is executed by him.
Section 14. The emergency renders it necessary to suspend local ordinances, rules and
regulations dealing with purchasing and procurement.
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RES. NO. H
Section 15. This resolution shall be valid for thirty (30) days and automatically renewed every
thirty (30) days until further action by the City Commission.
Section 16. That this resolution shall take effect immediately upon the declaration of the
Emergency.
CONFIRMED, APPROVED and RATIFIED on this the sth day of ~
2004.
fJæo~ ~
t~ \) ~.
. ~\ . r-J
~ Clerk
- ~/Jt~
David Harden, City Manager
DatefTime
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RES.NO.H