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Ord 29-13ORDINANCE NO. 29 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS ", AND ENACTING A NEW CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has detertnined it is in the best interests of its residents to repeal the current purchasing ordinance and enact a new purchasing ordinance. 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Chapter 36, "Finance; City Property Transactions ", of the Code of Ordinances of the City of Delray Beach is hereby repealed and a new Chapter 36 "Acquisition of Goods and Services and Disposal of City Property" is enacted as follows: CHAPTER 36: ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY Sec. 36.01 APPLICABILITY; DEFINITIONS. (A) Applicability. This Chapter applies to the acquisitions of real and non -real property, goods and services and disposal of real and non -real property by the City after November 19, 2013 as provided for in this Chapter. Any actions taken or contracts entered into contrary to the provisions of this Chapter may, in the City's sole discretion, be declared null and void. (B) Definitions. For the purpose of this Chapter 36, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Change Order. A written modification to a contract or purchase order, which amends one or more of the following: the scope of services, contract cost, contract time or the contract quantity(ies). Emergency. An unplanned or unexpected event that requires immediate action in order to prevent or remedy a service outage; or to prevent or remedy a situation that presents an immediate danger to human life, health or safety or a significant loss or damage to property, and where failure to take immediate action would enhance the risk of loss or prolong the delay in restoring service to Customers. Routine repairs and planned refurbishment do not constitute Emergencies. Fiscal Year. The period of time beginning on October 1 of any year and ending September 30 of the following year. Person. Any natural person or entity including, but not limited to, a corporation, a partnership, a sole proprietorship, an estate, a trust, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. See. 36.02 METHODS OF ACQUISITION. The City shall determine, in its sole discretion, which of the following methods of acquisition to utilize for the acquisition of non -real property, goods and services. (A) Sealed Competitive Method. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the City (including expenditures during renewal periods; but not expenditures relating to Change Orders) is estimated to be $25,000 or greater shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition inethods, as provided in Sec. 36.02(C). (1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness, and responsibility are the sole determining factors. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. Requests for Proposals, Requests for Qualifications, and Requests for Letters of Interest are utilized where price, responsiveness, and responsibility are not the sole determining factors. A Selection Committee, appointed by the City Manager, shall review the submissions received by the City in response to Requests for Proposals, Requests for Qualifications, and Requests for Letters of Interest and make a recommendation to the City Commission. The City Manager shall not serve on the Selection Committee. The Selection Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The time stamp clock in the Finance/Purchasing office shall govern. All bids, proposals and responses submitted pursuant to a Sealed. Competitive Method shall remain sealed until they are opened publicly on the date and time and location stated in the Notice to Bidders, Proposers or Responders, or as may be amended by addendum. (4) City's reservation of rights. The City may utilize a Sealed Competitive Method for any acquisition that the City deems appropriate regardless of the estimated cost of the acquisition. Until final award of Contract, the City reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with or without cause. 2 ORD. NO. 29 -13 (B) Written Quotations Method. Acquisitions of or contracts for non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods; but not expenditures relating to Change Orders) is estimated to be $10,000 or greater, but less than $25,000, may be made or entered into by the City Manager without City Commission approval and without a Sealed Competitive Method, provided that three written quotations are obtained from individual sources, except when impracticable. The City may utilize the Written Quotations Method for any acquisition less than $10,000 that the City deems appropriate. The written quotations received by the City shall be retained with a copy of the purchase order and pursuant to public records law. (C) Direct Acquisition Method. (1) Acquisitions of $2,500 or less. Acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $2,500 or less may be made by the Department Head without utilizing a Sealed Competitive Method or the Written Quotations Method, and without City Commission or City Manager approval. (2) Acquisitions greater than $2,500 but less than $10,000. Acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $2,500 but less than $10,000 may be made by the Department Head without utilizing a Sealed Competitive Method or the Written Quotations Method, and without City Commission approval, provided that three (3) written quotations shall be obtained and documented by City staff, except when impracticable. The Finance Department shall submit a weepy report to the City Manager that lists all acquisitions of or contracts for non -real property, goods or services of greater than $2,500 but less than $10,000 made by Department Heads during the prior week without utilizing a Sealed Competitive Method or the Written Quotations Method. (3) Professional Services. Except as otherwise provided for in Florida Law, contracts for professional services (which include but is not limited to services provided by attorneys, accountants, actuaries, lobbyists and financial advisors) may be made or entered into by the City Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of professional services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or greater shall be subject to approval by the City Commission. (4) Specialty Goods and Services. Acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the City Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of specialty goods and services, where the expenditure by the City is estimated to be $25,000 or greater, shall be subject to approval by the City Commission. 3 ORD. NO. 29 -13 (5) Emergency Acquisitions. The City Manager may acquire or contract for non -real property, goods, or services required in contemplation of, preparation for, or during an Emergency without utilizing a Sealed Competitive Method or the Written Quotations Method regardless of the amount. Emergency acquisitions of non -real property, goods or services where the expenditure by the City is estimated to be $25,000 or greater shall be subject to ratification by the City Commission as soon as practicable. (6) Sole Source and City Standard. (a) Sole Source. The City may acquire or contract for non -real property, goods or services that are available to the City from only one source without utilizing the Sealed Competitive Method or Written Quotations Method. Sole Source acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or greater shall be subject to approval by the City Commission. (b) City Standard. Where the City has determined that a particular style, brand, make, or model is the only type that meets the City's requirements for performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the City, the City may acquire or contract for such goods without utilizing a Sealed Competitive Method or the Written Quotations Method. City Standard acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or .greater shall be subject to approval by the City Commission. (7) Utilization of other governmental entities' contracts. (a) The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the desired goods or services are the subject of a contract with the State, its political subdivisions or other local governmental entities in the State, with associations in Florida affiliated with state and/or local governmental entities or departments (such as the Florida Sheriffs Association and the Florida Fire Chiefs' Association) or with the United States government, provided that the contract is based strictly on competitive bidding and not on any preference, and provided that the form of the contract is acceptable to the City Attorney. Acquisitions utilizing other governmental entities' contracts where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is 4 ORD. NO. 29-13 estimated to be $25,000 or greater shall be subject to approval by the City Commission. (b) Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer. (e) If the City desires to utilize another governmental entity's contract, the City shall require the vendor to certify that the price or rate represents the lowest price or rate for the non-real property, goods or services of any contract between the vendor and any other governmental entity within the State. (8) Cooperative Acquisitions. The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City participates in joint procurement of non -real property, goods or services with other public entities within the State, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with other governmental entities in accordance with Chapter 163 Florida Statutes. Cooperative acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or greater shall be subject to approval by the City Commission. (9) Utilities. Water, sewer, gas, electrical, and other utility services may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without City Commission approval. (10) Resale. Food, beverages and merchandise purchased for resale, which would include but not be limited to the City's golf courses and tennis center facilities, may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without City Commission approval. (11) Best Interest Acquisitions. The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City Commission declares by at least a four -fifths (415) affirmative vote that the Sealed Competitive Method or the Written Quotations Method is not in the best interest of the City. The City Commission shall make specific factual findings that support its detennination, and such contracts shall be placed on the regular City Commission agenda. See. 36.03 CITY COMMISSION APPROVAL. (A) Acquisitions of $25,000 or greater. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or greater shall be subject to prior 5 ORD. NO. 29 -13: approval by the City Commission, except for emergency acquisitions, which are subject to subsequent ratification by the City Commission pursuant to Sec. 36.02(C)(5). (B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year. Acquisitions of or contracts for non -real property, goods or services from the same Person exceeding the aggregate sum of $25,000 shall not be permitted from the same Person during the course of any Fiscal Year, unless the acquisition is first approved by the City Commission. This subsection shall not apply to utility acquisitions. See. 36.04 PROTEST PROCEDURES. (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. (B) Procedure. (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non - responsive and/or non - responsible, the bidder, proposer or responder who is deemed non - responsive and/or non - responsible may file a protest with the Purchasing Manager by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (2) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Purchasing Manager. The time stamp clock located in the Finance /Purchasing office shall govern.. (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest 6 ORD. NO. 29 -13 Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission shall serve on the Protest Committee. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the City Commission. All of the actual bidders, responders or proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest, the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. (G) Failure to file protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's award. See. 36.05 FORM OF CONTRACT. (A) Written agreements. Written agreements shall be utilized for all acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or greater. The City may utilize a written agreement for any acquisition of less than $25,000 that the City deems appropriate. All written agreements must be approved as to form and legality by the City Attorney and executed by the City Attorney. 7 ORD. NO. 29-13 (B) Purchase orders. Where no other form of contract exists, purchase orders, in a form pre - approved by the City Attorney, shall be utilized for acquisitions of non -real property, goods or services where the total expenditure by the City is estimated to be greater than $10,000. The City may utilize a purchase order for any acquisition of $10,000 or less that the City deems appropriate. No change shall be made to the pre - approved purchase order form without express approval of the City Attorney. See. 36.06 CHANGE ORDERS. (A) City Commission approved contracts. (1) Beyond the Scope of Work. Any Change Order that materially expands or alters the scope of the work in a City Commission approved contract shall be subject to prior approval by the City Commission. (2) Within the Scope of Work.. The City Manager may approve a Change Order provided that it does not materially expand or alter the scope of the work in a City Commission approved contract. Any such Change Order approved by the City Manager shall be subject to ratification by the City Commission as soon as practicable. (3) Extension of Completion Dates. Any Change Order that extends the original substantial or final completion date of a City Commission approved contract shall be subject to prior approval by the City Commission. (B) City Manager approved contracts. The City Manager is authorized to approve a Change Order to a contract that was not approved by the City Commission, provided that the Change Order does not cause the total acquisition from the vendor to exceed the aggregate sum of $25,000 during the course of any Fiscal Year pursuant to Section 36.03(B). See. 36.07 TERMINATION, EXTENSION AND RENEWAL. (A) City Commission approved contracts. (1) Termination. Contracts approved by the City Commission may be terminated only by the City Commission. If the City Manager desires to terminate a City Commission approved contract, the City Manager may suspend the work under the contract until the City Commission makes a final determination. (2) Extensions. The City Manager may extend a City Commission approved contract for up to 90 days. The extension of any City Commission approved contract for longer than 90 days shall be subject to prior approval by the City Commission. In the event of an Emergency, the City Manager may extend a City Commission approved contract without City Commission approval, subject to later ratification by the City Commission. ORD. NO. 29-13 (3) Renewals. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more renewals by affirmative action of the City, only the City Commission may approve such renewals. (4) Suspensions. The City Manager may suspend a City Commission approved contract for up to 90 days. Suspension of a City Commission approved contract for longer than 90 days shall be subject to City Conunission approval. (B) City Manager approved contracts. (1) Termination. Contracts that were not approved by the City Commission may be terminated by the City Manager. (2) Extensions. The City Manager is authorized to extend for up to 120 days any contract entered into by the City that was not approved by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Manager approval and provides for one or more renewals by affirmative action of the City, the City Manager is authorized to approve such renewals without City Commission approval. (4) Suspensions. Contracts that were not approved by the City Coinnnission may be suspended by the City Manager. Sec. 36.08 DISPOSAL OF NON -REAL PROPERTY. (A) Trade -in. Where trade -in is available in conjunction with the purchase of replacement non- real property from the same vendor, the City may trade -in and replace its non -real property with that vendor. The trade -in of the City's non -real property shall be subject to approval by the City Commission if the estimated market value of the property being traded -in is greater than $10,000. (B) Market value of $10,000 or less. The City's non -real property with an estimated market value of $10,000 or less may be sold or auctioned through a competitive process as determined by the City Manager. (C) Market value greater than $10,000. The City Manager may sell or auction any of the City's non -real property with an estimated market value of greater than $10,000 through a competitive process that is approved by the City Commission. (D) Junk non -real property. The City Manager may declare that any non -real property that is determined by the City Manager to have reached the end of its useful life and /or may expose the City to potential liability from its continued use or sale and/or whose disposition cost exceeds its value, is junk. 9 ORD. NO. 29-13 Non -real property declared by the City Manager to be junk shall be disposed of without receipt of consideration (or, if necessary, at a cost to the City) and shall be rendered useless and not be donated. See. 36.09 REVENUE GENERATING CONTRACTS. Contracts with any Person where the City estimates the City will receive revenue in the amount of $25,000 or greater over the term of the contract (including revenue during renewal periods) shall require approval by the City Commission and shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods provided in See. 36.02(C)(6), (7), (8) or (10). This Section shall not apply to the sale or lease of the City's real or non -real property. See. 36.10. AUTHORITY TO DEBAR OR SUSPEND. (A) Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Purchasing Manager, after consultation with the requesting department, City Manager and the City Attorney, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not exceed three (3) years. The Purchasing Manager, after consultation with the requesting department, City Manager and the City Attorney shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not exceed three (3) months. (B) Decision. The Purchasing Manager shall issue a written decision to debar or suspend. The decision shall: (1) State the reasons for the action taken; and (2) Inform the debarred or suspended person involved of its rights to admim,strative review as provided in this section. (C) Criteria. A debarment or suspension may be issued based upon any of the following criteria: (1) A material misrepresentation, or omission, to the City; (2) Breach of a contract with the City; (3) Felony convictions, convictions for crimes involving moral turpitude and "public entity crime convictions" of a "person" or an "affiliate" of a person, as defined in Section 287.133, Fla. Stat.; (4) Failure to comply with the cone of silence; or 10 ORD. NO. 29-13 (5) A finding of violation of the state etlucs law or a county or municipal ethics ordinance. (D) Finality of decision. A decision under this section shall be fmal and conclusive, unless based on fraudulent information, or (1) The debarred or suspended person commences an action in court; or (2) The debarred or suspended person appeals administratively in accordance with subsection E. (E) Appeal. (1) Right of Appeal. Any Person that has been disbarred or suspended and is aggrieved by the Purchasing Manager's determination may appeal the determination to the City Manager by filing a notice of appeal within ten (10) calendar days of the notice of Purchasing Manager's determination to debar or suspend. (2) Hearing Date. Within thirty (30) calendar days from the receipt of the notice of appeal, the City shall schedule a hearing before the City Manager or designee, at which time the person shall be given the opportunity to demonstrate why the decision of the Purchasing Manager should be overturned. as follows: (3) Hearing Procedure. The procedure for any hearing required by this section shall be (a) The City shall cause to be served upon the Person a notice of hearing, stating the date, time and place of the hearing. The notice of hearing shall be sent by certified mail, retiun receipt requested, to the mailing address of the vendor or contractor on file with the City. (b) The Person shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called him to testify. (c) In any hearing before the City Manager or designee, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type 11 ORD. NO. 29 -13 commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the State courts. (d) Within thirty (30) calendar days from the hearing, the City Manager or designee shall complete and submit to the City and the Person requesting said hearing a final order consisting of the hearing officer's findings of fact and conclusions of law as to the granting or denial of the appeal. (F) Reinstatement. (1) Grounds. Requests for reinstatement shall be made in writing based upon the following grounds: (a) Discovery of new and material evidence not previously available; (b) Dismissal of the indictment or reversal of the conviction; or (c) Bona fide change in ownership or management sufficient to justify a finding of present responsibility. (2) Procedures. The request for reinstatement shall be forwarded by the Purchasing Manager to the City Manager or designee for a determination on reinstatement. The determination whether to reinstate shall be based on the written submission of evidence, without further hearing. Upon consideration of the written submission and any response from the Purchasing Manager, the City Manager or designee shall make a determination as to whether or not reinstatement is warranted based on the grounds set forth above. Sec. 36.11. ACQUISITION OF REAL PROPERTY. Whenever the City Commission determines it would be in the best interest of the City to purchase certain real property for municipal purposes, the City shall prepare a notice setting forth the terms and conditions of the proposed real property purchase and the date, time and place of the public hearing on the proposed purchase. The City shall publish the notice once a week for at least two (2) weeks in a newspaper of general circulation prior to consideration by the Commission of a resolution authorizing the purchase of the real property. The City Commission is authorized and empowered to make the real property purchase upon the teens and conditions it deems to be in the best interest of the City provided that the City Commission holds a public hearing prior to approving the resolution authorizing the purchase. The notice 12 ORD. NO. 29 -13 provisions of this section shall not apply where the City has authorized the use of its eminent domain powers for the purchase of real property. See. 36.12. SALE, EXCHANGE, OR LEASE OF REAL PROPERTY. (A) Sale of Real Properly. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may sell that property in a manner, and upon terms and conditions, as the City Commission shall determine provided that the City Cornrnission holds a public hearing prior to approving the resolution authorizing the sale. Before any sale can be completed, a notice of sale stating the date, time and place of the public hearing on the proposed sale shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (B) Exchange of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may exchange that property for other real property to be acquired for municipal purposes in a manner and upon terns and conditions as the City Commission shall determine are in the best interest of the City, provided that the City Commission holds a public hearing prior to approving the resolution authorizing the property exchange, Before any exchange of real property shall be completed, a notice stating the date, time and place of the public hearing on the proposed exchange shall be first published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (C) Lease of Real Property. Prior to the City leasing any real property owned by the City for a term greater than one year (including optional renewal periods), except leasing to another governmental agency or an entity established under F.S. Section 163.01, public notice shall be given, which notice shall state the terms of the proposed lease, and the date, time, and place where the Commission shall hold the public hearing. The notice shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. Sec. 36.13. CONE OF SILENCE Any person participating in a competitive solicitation issued by the City shall comply with Section 2 -355 of the Palm Beach County Code of Ordinances. 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. 13 ORD. NO. 29 -13 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, except that this Ordinance shall not apply to any solicitations issued by the City prior to its adoption on second reading. PASSED AND ADOPTED in regular session on second and final rea 'n n this the I'Vk of o� LrnbxA , 2013. AYOR ATTEST: City Cleric First Reading 0 bVCM S, X913 Second Reading 1 t 0 &nghX-"-I 111 91) 13 14 ORD. NO. 29 -13 FRIDAY, NOVEMBER 8, 2013 1 (561) 820 -4343 THE PALM BEACH POST REAL NEWS STARTS HERE I PALMBEACHPOSTCOM E7 ^.ITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances on TUESDAY, NOVEMBER 19, 2013 at 7:00 p.m. or at any continuation of such meeting which is set by the Commission), in the Commission 'Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W:.1st Avenue, Delray Beach, Florida, between 8:00 a.m. and 5;00 P.m., Monday through Friday,, except holidays_ Interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 28 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY ' BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT 1N PART AND GC (GENERAL COMMERCIAL) IN PART TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING A PARCEL LOCATED EAST OF SOUTH FEDERAL HIGHWAY, BETWEEN TROPIC ISLE DRIVE AND BOSUN WAY AND KNOWN AS PELICAN POINTE CONDOMINIUM, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "20NING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND ANEFFECTI V E DATE. ORDINANCE NO. 29 -13 AN ORDINANCE OF THE CITY COTMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 36, "FINANCE; ' CITY PROPERTY TRANSACTIONS ", AND ENACTING A NEW CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY,,; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 30'13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, .'FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOI.SE5 PROHIBITED ", TO AMEND ALLOWABLE TIMES FOR DEVICES AND CONSTRUCTION NOISE; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised' that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such 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 prepare such record pursuantto FS. 286.0105. CITY OF DELRAY BEACH Cheve4e D, Ndbin, MMC City Clerk PUB: The Palm Reach Post 11- 5!2013 #951242