Ord 05-14ORDINANCE NO. 05 -14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36,
"ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY
PROPERTY ", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 36.04,
"PROTEST PROCEDURES ", TO PROVIDE FOR TIME
REQUIREMENTS FOR THE CITY'S RESPONSE TO BID PROTESTS;
AND AMENDING SECTION 36.07, "TERMINATION, EXTENSION, AND
RENEWAL" TO CLARIFY WHICH CONTRACTS MAY BE TERIVIINATED
BY THE CITY MANAGER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission believes that the City must respond to bid protests within a reasonable
time; and
WHEREAS, the City Commission finds it necessary to add time requirements to the bid protest procedures
to ensure that the City responds to bid protests in a timely manner; and
WHEREAS, the City Commission believes that all contracts subject to City Manager's approval shall
also be able to be terminated by the City Manager
NOW, THEREFORE, BE IT ORDAINED BY TILE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Title III, "Administration ", Chapter 36, "Acquisition of Goods and Services and
Disposal of City Property ", Section 36.04, "Protest Procedures ", of the Code of Ordinances of the City, of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 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 tight 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. The City Manager or his /her designee shall have five
(5� days to acknowledge receipt of a bid protest.
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 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 at a public meeting as
soon as possible or no later than twenty 20Ldays after a bid protest is filed. The City Manager shall appoint
the members of the Protest Committee. No member of the City Commission shall serve on the Protest
Committee. The Protest Committee members shall not be the same as the Evaluation Selection Committee
members. 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 -Pro __tom n-Ar_ tee d-.� -
the Jq______, the r____s___ _____, _rr___ to the C__, _____- The protest appeal shall be heard at the next
available City Commission meetinV, All of the actual bidders, responders or proposers shall be notified of
the determination by the Protest Committee no later than ten (10) days after the Protest Committee
mew. 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
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ORDINANCE NO. 05 -14
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.
Section 2. That Tide III, "Administration ", Chapter 36, "Acquisition of Goods and Services
and Disposal of City Property ", Section 36.07, "Termination, Extension, and Renewal" of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 36.07 TERMINATION, EXTENSION AND RENEWAL.
(A) City Conmaission 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 Con nni.ssion approved contract without
City Commission approval, subject to later ratification by the City Commission.
(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 Commission approval.
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ORDINANCE NO. 05 -14
(B) City Manager approved contracts. For purposes of this section, City Manager approved
contracts shall include all contracts and purchase orders up to 824.999.99 approved-by Department
IIeads and the City Manager.
(1) Ternnination. Contracts that were aiburoved by the City Manager and 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 Commission may not
b e suspended by the City Manager.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same ate hereby
repealed.
Section 3. 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 4. That This ordinance shall became effective upon its passage on second and final r ading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
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ATTEST-
City Clerk �^
First Reading C.�J
Second Reading Z
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ORDINANCE NO. 05 -14
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Janice Rustin, Assistant City Attorney
THROUGH: Terrill C. Pyburn, Interim City Attorney
DATE: February 10, 2014
SUBJECT: AGENDA ITEM SP.13 - SPECIAL MEETING OF FEBRUARY 11, 2014
ORDINANCE 05 -14
Page I of I
ITEM BEFORE COMMISSION
The attached Ordinance 05 -14 is amending Section 36.04 "Protest Procedures" of Chapter 36
"Acquisition of Goods and Services and Disposal of City Property ".
BACKGROUND
This ordinance amendment is before Commission for consideration to amend Section 36.04 "Protest
Procedures" to provide that the bid protest committee must meet publicly as soon as possible or no later
than thirty (30) days after receipt of a bid protest and that the City Manager must provide the
determination of the protest committee to all bidders, responders or bid protesters within ten (10) days
after the protest committee meeting.
RECOMMENDATION
The City Attorney's Office recommends City Commission approval.
http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7593 &MeetingID =496 2/19/2014
Page 1 of 1
MEMORANDUM
TO: M ayor and Ci ty Commi ssi oners
FROM: Janice Rusti n, Assistant City Attorney
THROUGH: Terrill Pyburn, I nteri m City Attorney
DATE: February 28, 2014
SUBJECT: AGENDA ITEM 10.A. - M EETI NG OF MARCH 4, 2014
ORDINANCE NO. 05-14
ITEM BEFORE COMMISSION
The attached Ordi nance N o. 05 -14 i s amend ng Sect on 36.04 " Protest Procedures" and Sect on 36.07,
"Termination, Extension, and Renewal" of Chapter 36 "Acquisition of Goods and Services and
Disposal of City Property". This ordinance is before you for second readi ng /publ i c hearing at this time.
BACKGROUND
This ordinance amendment is before Commission for consideration to amend Section 36.04 "Protest
Procedures" to provi de that the Ci ty M anager or hi s/her desi gnee must acknowl edge bi d protests wi thi n
f i ve (5) days of recei pt, the bi d protest commi ttee must meet publ i cl y as soon as possi bl e or no I ater
than twenty (20) days after receipt of a bid protest, and that the City Manager must provide the
determi nati on of the protest commi ttee to al I bi dders, responders or bi d protesters wi thi n ten (10) days
after the protest committee meeti ng. Any appeal s of the bid protest committee' s determi nation shad I be
heard by the City Commission at the next avai table Commission meeti ng.
This ordinance further clarifies that all purchase orders and contracts up to $24,999.99 approved by the
Ci ty M anager may be termi Hated by the Ci ty Manager.
RECOM M ENDATI ON
The City Attorney's office recommends approval of Ordinance No. 5 -14.
http: //i twebapp /N ovusAgenda/Previ ew.aspx ?I temI D =7656& M eeti ngI D =476 4/8/2014
*SATURDAY,FEBRUARY 22.2014 ! (561)820-4343 THE PALM BEACH POST MEAL NEWS STARTS HERE I PALMSEACHPOST.COM E71
CTFY OF DELSAV PEA tll,'FLt MrII)A
NgoeE(WVU9l FC lfFAl111HG
A Pt1BUC.HEAptlmQ will be held act
the following proposed ordinance on
TUESDAY,MARCy 4,2414 at 7:00 p,m.
ot'at any Continuation o F such meetfr4, .
whlnh is set by the CQInmission), in
the CammissIcki Chambers,,100 N.W,
1st Avenue,Delray'Beach,Florida,ax
whkh time the City i ommission will
consider Its adoption.The proposed
ordinance may be inspected et the
Office.of the City.clerkat,city Hay
100 N-W.15t'Avenue, Delray Beach.
Florida,between 8:00 a.,rp._and sm
p-m_,Monday through Friday,exceeplt
holidays-Interested parties are invited
tQeltendand be heard with respeR2n
thlproposed ordinance.'
OROINANCENO.05-14
AN QRDINANCE OF THE CITY
CO PAm 15310 N AF THE CITY OF DELRAY
BEACH, -FLORiDA,...:AMENDING
CHAPTER ,36, -"ACQUISITi1�I!j
OF GOODS..- AND,SERVICES AND
DISIRPSAL OF CITY PROPERTY", OF
THE CODE OF ORDINAKtES OF THE
EJT'Y OF DELRAY 9EltcH FLowbo,
11Y,1lMEN I SECTION 30;04,
Pq'OTE5T. PR DUKES - :TP - f
PM]VIDE FOR TIME RE4UIRtME,
FO I THE C!T'S.RESPONSE TO.IRW
PRQTESTS;AND AMENDING.SECTION
85,117, "TERM INATION,-EXTEN5N514,
ANO RENEWAL"TO CLARIFY WHICH
CONTRACTS MAY. BE TERMfNATFD
BY THE CITY:_MANAGER;,PROVING
A GENERAL REPEALER CLALISE,A
SAVING CLAUSE,AND AN EFFECTIVE
DATE.
Please be advised that if a person
.decides to appeal any decision made
Iry the City Commission with respect tq
any matter considered at this hear[ng,.
Wth person may need to ensure
that a verbatim record lnciudesthe
testimony and evidence upon which
the appeal Is to be based.The City
does not provide nor prepare such
r0tord pursuant to F5.266.0105.
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