Ord 11-15 ORDINANCE NO. 11-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY 1- AffiNDING
CHAP`17ER 36, "ACQUISITION OF GOODS AND SEIVICES AND
DISPOSAL OF CITY PROPERTY';AMENDING SECTION 36.42,"METHOD
OF ACQUISITION," SUBSECTION (A), "SEALED COMPETITIVE
METHOD"; CREATING SECTION 36.14, "LOCAL BUSINESS
PREFERENCE"; ESTABLISHING A LOCAL. BUSINESS PRE,.T: -� CE IN
THE ACQUISITION OF GOODS AND SERVICES; PROVIDING
DEFINITIONS AND CERTIFICATION REQUIREMENTS FOR SAME;
PROVIDING FOR EXCLUSIONS FROM AND WAIVER OF LOCAL
BUSINESS PREFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,AND AN EFFECT 1 VE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida ("City") has determined
that businesses within the City are more likely to employ City residents and stimulate the local economy by
purchasing directly from, or providing their employees with the means to purchase directly from, other
businesses located within the City; and
WHEREAS, the recirculation of money received by local businesses provides an economic
stimulus to City residents and businesses, allowing them to maintain and increase their property, values and
business activity and making the City a better place in which to live and work,and
WHEREAS, the City is home to many great locally-owned businesses, large and small, and these
local companies employ inany local residents; and
WHEREAS, diversification and expansion of the City's economy is essential to its economic and
fiscal stability; and
WHEREAS, the City Commission has the authority to contract for the purchase of goods and
services that serve a public purpose and are in the best interests of the residents of the City; and
WHEREAS, the City Commission has determined that increasing the opportunity for businesses
within the City's boundaries to provide goods and services to the City serves the general welfare of the
residents of the City; and
WHEREAS, in an effort to provide a positive impact on the City's local economy and expand the
capabilities and capacities of our local companies, the City Commission desires to provide locally owned
and operated companies preference in the purchasing policy system within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COTAN/IISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the foregoing "WEERIJAS" clauses are ratified and confirmed as being true and
correct factual findings and are made a specific part of this Ordinance.
Section 2. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property,"
Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the saute is hereby amended to read as
follows:
(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 methods, as provided in Sec.
36.02(C).
(1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness,
undtesponsib and local business preference, as provided in Sec. 36.14, 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, responsibility, and local business deference, as provided in,Sec. 36.14, ate 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 matte a recointnendation 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 tune 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 tune. 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 reseivation 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 our without cause.
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ORD.NO. 11-15
Section 3. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property,"
Section 36.14, "Local Business Preference," of d-ie Code of Oiduiances of the City of Delray Beach, Florida,
be, and the same is hereby created to read as follows:
Sec. 36.14 LOCAL BUSINESS PREFERENCE
The 12urpose of dvs section is to serve the public interest by spurring economic development through
encouraging smaIl businesses to remain or to locate within the City. The Cittr will take all necessaitT,
reasonable and legal action to prevent unlawful discrimination in its procurement process and to afford all
businesses, including local businesses, the maximum opportunity to participate in the City's procurement
processes.
(A) Definition of a Local Business. As set forth herein; a "Local Business" is any petson,
firm,partnership, company or corporation authorized to do business in Florida that lifts a valid business tax
receipt issued by the City for at least one (1) year prior to solicitation and a physical address Nvithin the Cite
from which the vendor lawfully performs and operates. Post Office Boxes or location at a postal service center
shall not be used for the purpose of establishing physical address. Home offices shall be considered as
business locations if they otherwise meet all requirements of this ordinance.
(13) Certification. Any vendor claiming to be a Local Business as defined herein shall so
certify in writing pursuant to Section 36.14(1) Certification Statement to the Citds Purchasing Division prior
to or contemporaneous with that vendor's response to a Competitive Bid as provided in Sec.
36.02}(1),Request for Proposal. Request for Qualification or Request for Letter of Interest as provided in
Sec. 36.02(A)(2) or any other type of solicitation for which the vendor is eligible to receive Local Business
preference. The certification shall provide all necessary information, as determined by the Citv, to meet the
requirements of subsection 36.14(A) above. The Purchasing Division shall not have an obligation to verifv the
accuracv of anv such certifications and shall have the sole discretion to determine if a vendor tweets the
definition of a Local Business as provided herein. The vendor shall include a copy of the requited certification
and information provided herein with any response to a Competitive Bid as pmsdded in Sec. 36.02A2,
Request for Proposal, Request for Qualification or Request for Letter of Interest as provided in Sec.
36.02(A).(2), or any other type of solicitation for which the vendor is elig ble to :receive _Local Business
preference.
(C) Qualification selection pursuant to Sealed Competitive Method.
1 Competitive Bids. For all acquisitions made pursuant to Sealed Com etitive
Bid, as provided in Sec. 36.02(A)(1), the City shall give preference to a Local Business if the Local Business' bid
is determined to be witla n five percent S%o) or five thousand dollars ($5,000.00), whichever is less., of the
lowest responsible and responsive bidder. In revenue generating conta:acts.where award, if any, is to be made
to the bidder returning the highest amount to the City, the same preference set herein shall be applied
with respect to the highest bid.
ORD.NO. 11-15.
(2) Requests for Proposals, Requests for Qualific: ions, Requests for Letters of
Interest,
21 For all acquisitions made pursuant to kcguests for Proposals, Requests
for Qualifications or Requests for Letters of Interest, as Provided in Sec. 36.02((2), the solicitation shall
include a weighted criterion for Local Businesses of five Percentage Points (5 o) of the total Points in the
evaluation criteria published in the solicitation.
( ) For all acquisitions made pursuant to Requests for Proposals, Requests
for Qualification or Requests for Letters of Interest, as provided in Sec. 36.020(2), where the solicitation
includes a qualitative ranking rather than a quantitative selection the evaluation criteria shall include a Local
Business preference, as reasonably determined by the Purchasing Dept ent, consistent with the intent of this
Ordinance. Each such solicitation shall clearly define the application of the Local Business Preference.
To the extent Practicable, for all acquisitions not made pursuant to the Sealed
Competitive Method provided in Sec. 36.02(A), City departments and staff are strongly encouraged to utilize
Local Businesses if they otherwise meet purchasing policy requirements.
(E) Exclusions. The preferences established herein In 110 Way Prohibit the rights and
discretion of the City to evaluate bids and proposals for responsiveness and responsibility, compare quality of
materials and services proposed, and apply other factors that may be relevant to the award decision.
Notwithstanding anvthing to the contrary set forth in any policy of Resolution adopted by the C4T the local
business Preference shall not be applied to;
1 Goods or services provided under a coo42erafive purchasing agreement or the
utilization of other governmental entities'contracts=
(2) Contracts for professional services subject to the Consultants' Competitive
Negotiation Act Section 287.053, Florida Statutes;
Purchases or contracts which are funded, whole or in part, by a government
entity or other entity or grant program in which the laws, regulations or policies governing such funding
prolsibit application of local preference.
(4) Purclases under erner�-ency or noncoM)etidve situations exempt froze
competition.
((55) Purchases of goods and/or services in which such preference is prohibited by
later, contract of other regulation applicable to the City_.
(I) Cez-tification Statement
WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS
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ORD.NO. I I-15
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OFFICER OF COMPA aim an authorized representative of
NAME OF BUSINESS] and on behalf of the business ]:equest that it be deemed to be a local
business for purposes of the City of Deltav Beach Local Preference Progna— . Answeting yes to question 1 and
question 2 will qualify the business as a local business. In support of this request I certify the following
infon-nation as being_tme_and correct:
Name of Business
(1) Is the business located within the City Yes No Number of Years:
limits of Delrav Beach, Florida?
(2) Does the business have a business tax Yes No Business License Number:
receipt issued in the current ear?
(3) Is the business registered with the Florida Yes No
Division.of Cox otations?
I understand that misrepresentation of any facts in connection with this request may be cause
for removal from the certified local business list. I also agree the business is required to notify the City in
iytiting should it cease to qualify as a local business.
(Q Local Preference shall not be applied when its application would result in an award which
exceeds the otherwise lowest responsive,responsible bidder by 5% or$5,000 whichever is lower.
(H) Waiver: of Local Business preference. The City inay waive the Local Business
preference established herein where the City Commission declares by a siniule majority vote that the Local
Business preference is not in the best interest of the City, rovided that such decision is made fior to the
advertisement of the competitive solicitation. Further; the preference established herein ki no way prohibits
the right of the City to_give any other preference permitted by law in addition to the preference provided
ha erein.
Section 4.. That should any section or provision of this ordinance or an3T poa:tion 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same, are
hereby repealed.
Section 6. That this ordinance shall become effective upon its adoption on second and final
reading.
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ORD.NO. 11-15
PASSED AND ADOPTED in regular session on second and final Treading on this the 21'day of
April, 2015.
M A Y 0 R
ATTEST:
City Clerk
First Reading: April 21, 2015
Second Reading: May 5, 2015
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ORD.NO. 11-15
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5/7/2015 Coversheet
MEMORANDUM
TO Mayor and City Commissioners
FROM: Holly Vath, Chief Purchasing Officer
Jack Warner, CFO
THROUGH: Donald B. Cooper, City Manager
DATE: April 23, 2015
SUBJECT. AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAY 55 2015
ORDINANCE NO. 11-15 (SECOND READING
BACKGROUND
Ordinance No. 11-15 is before Commission for Second Reading and Public Hearing for City initiated
amendments to Chapter 36, by creating a new Section 36.14 of the City's Procurement Code, to, among
other changes, create a Section 36.14, "Local Business Preference."
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
FINANCIAL DEPARTMENT REVIEW
DISCUSSION
OPERATING COST
RECOMMENDATION
Staff recommends approval of Ordinance No. 11-15.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=9100&MeetingID=565 111
ORDINANCE NO. 11-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND
DISPOSAL OF CITY PROPERTY";AMENDING SECTION 36.02,"METHOD
OF ACQUISITION," SUBSECTION (A), "SEALED COMPETITIVE
METHOD"; CREATING SECTION 36.14, "LOCAL BUSINESS
PREFERENCE"; ESTABLISHING A LOCAL BUSINESS PREFERENCE IN
THE ACQUISITION OF GOODS AND SERVICES; PROVIDING
DEFINITIONS AND CERTIFICATION REQUIREMENTS FOR SAME;
PROVIDING FOR EXCLUSIONS FROM AND WAIVER OF LOCAL
BUSINESS PREFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL,REPEALER CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida ("City") has determined
that businesses within the City are more likely to employ City residents and stimulate the local economy by
purchasing directly from, or providing their employees with the means to purchase directly from, other
businesses located within the City; and
WHEREAS, the recirculation of money received by local businesses provides an economic
stimulus to City residents and businesses, allowing them to maintain and increase their property values and
business activity and making the City a better place in which to live and work; and
WHEREAS, the City is home to many great locally-owned businesses, large and small, and these
local companies employ many local residents; and
WHEREAS, diversification and expansion of the City's economy is essential to its economic and
fiscal stability; and
WHEREAS, the City Commission has the authority to contract for the purchase of goods and
services that serve a public purpose and are in the best interests of the residents of the City; and
WHEREAS, the City Commission has determined that increasing the opportunity for businesses
within the City's boundaries to provide goods and services to the City serves the general welfare of the
residents of the City; and
WHEREAS, in an effort to provide a positive impact on the City's local economy and expand the
capabilities and capacities of our local companies, the City Commission desires to provide locally owned
and operated companies preference in the purchasing policy system within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and
correct factual findings and are made a specific part of this Ordinance.
Section 2. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property,"
Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(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 methods, as provided in Sec.
36.02(C).
(1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness,
aff4 responsibility, and local business preference, as provided in Sec. 36.14, 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, aff4 responsibility, and local business preference, as provided in Sec. 36.14, 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 our without cause.
Section 3. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property,"
2
ORD.NO. 11-15
Section 36.14, "Local Business Preference," of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby created to read as follows:
Sec. 36.14 LOCAL BUSINESS PREFERENCE
The purpose of this section is to serve the public interest b3� spurring economic development through
encouraging small businesses to remain or to locate within the City. The City will take all necessary,
reasonable and legal action to prevent unlawful discrimination in its procurement process and to afford all
businesses, including local businesses, the maximum opportunity to participate in the Cit Ti's procurement
processes.
(A) Definition of a Local Business. As set forth herein, a "Local Business" is an)person,
firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax
receipt issued by the City for at least one (1) ,T�prior to solicitation and a physical address within the City
from which the vendor lawfully performs and operates. Post Office Boxes or location at a postal service center
shall not be used for the purpose of establishing nhvsical address. Home offices shall be considered as
business locations if they otherwise meet all requirements of this ordinance.
a Certification. Any vendor claiming to be a Local Business as defined herein shall so
certify in writing�ursuant to Section 36.14( Certification Statement to the City's Purchasing Division prior
to or contemporaneous with that vendor's response to a Competitive Bid as provided in Sec.
36.02�A (1).Request for Proposal, Request for Qualification or Request for Letter of Interest as provided in
Sec. 36.02(4(2). or any other type of solicitation for which the vendor is eligible to receive Local Business
preference. The certification shall provide all necessary information, as determined by the City, to meet the
requirements of subsection 36.14(A) above. The Purchasing Division shall not have an obligation to verify the
accuracy of an): such certifications and shall have the sole discretion to determine if a vendor meets the
definition of a Local Business as provided herein. The vendor shall include a copy of the required certification
and information provided herein with any response to a Competitive Bid as provided in Sec. 36.02(A1
Request for Proposal, Request for Qualification or Request for Letter of Interest as provided in Sec.
36.02�A (2). or any other type of solicitation for which the vendor is eligible to receive Local Business
preference.
(C) Qualification selection pursuant to Sealed Competitive Method.
(1) Competitive Bids. For all acquisitions made pursuant to Sealed Competitive
Bid, as provided in Sec. 36.02"A (1), the Ci , shall give preference to a Local Business if the Local Business' bid
is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the
lowest responsible and responsive bidder. In revenue generating contracts where award, if and, is to be made
to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied
with respect to the highest bid.
(2) Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest.
3
ORD.NO. 11-15
(i) For all acquisitions made pursuant to Requests for Proposals, Requests
for Qualifications or Requests for Letters of Interest, as provided in Sec. 36.02"A (2), the solicitation shall
include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the
evaluation criteria published in the solicitation.
(ii) For all acquisitions made pursuant to Requests for Proposals, Requests
for Qualification or Requests for Letters of Interest, as provided in Sec. 36.02"A (2), where the solicitation
includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local
Business preference, as reasonably determined by the Purchasing Department, consistent with the intent of this
Ordinance. Each such solicitation shall clearly define the application of the Local Business preference.
(D) To the extent practicable, for all acquisitions not made pursuant to the Sealed
Competitive Method provided in Sec. 36.02"A , City departments and staff are strongly encouraged to utilize
Local Businesses if they otherwise meet purchasing policy requirements.
(E) Exclusions. The preferences established herein in no wa: prohibit the rights and
discretion of the City to evaluate bids and proposals for responsiveness and responsibility, compare quality f
materials and services proposed, and apply other factors that may be relevant to the award decision.
Notwithstanding an,,tag to the contrary set forth in an): policy or Resolution adopted by the City, the local
business preference shall not be applied to:
(1) Goods or services provided under a cooperative purchasing agreement or the
utilization of other governmental entities' contracts:
(2) Contracts for professional services subject to the Consultants' Competitive
Negotiation Act, Section 287.055, Florida Statutes:
(3) Purchases or contracts which are funded, in whole or in part, b�: a government
entit,v or other enti , or grant program in which the laws, regulations or policies governing such funding
prohibit application of local preference.
(4) Purchases under emergency or noncompetitive situations exempt from
competition.
(5) Purchases of goods and/or services in which such preference is prohibited by
law, contract or other regulation applicable to the City.
(F) Certification Statement
WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS
(OFFICER OF COMPANYI am an authorized representative of
4
ORD.NO. 11-15
[NAME OF BUSINESS] and on behalf of the business request that it be deemed to be a local
business for purposes of the City of Delray Beach Local Preference Program. Answering yes to question 1 and
question 2 will qualify the business as a local business. In support of this request I certify the following
information as being true and correct:
Name of Business
(1) Is the business located within the City Yes No Number of Years:
limits of Delra Beach Florida?
(2) Does the business have a business tax Yes No Business License Number:
receipt issued in the current ear?
(3) Is the business registered with the Florida Yes No
Division of Corporations?
I understand that misrepresentation of any facts in connection with this request may be cause
for removal from the certified local business list. I also agree the business is required to notify the Ci , in
writing should it cease to qualify as a local business.
(G) Local Preference shall not be applied when its application would result in an award which
exceeds the otherwise lowest responsive, responsible bidder by 5% or$5,000 whichever is lower.
a Waiver of Local Business preference. The Ci , may waive the Local Business
preference established herein where the Cif: Commission declares by a simple majority vote that the Local
Business preference is not in the best interest of the City, provided that such decision is made prior to the
advertisement of the competitive solicitation. Further, the preference established herein in no wa)prohibits
the right of the Citv to give any other preference permitted by law in addition to the preference provided
herein.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same, are
hereby repealed.
Section 6. That this ordinance shall become effective upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
12015.
5
ORD.NO. 11-15
M AYOR
ATTEST:
City Clerk
First Reading
Second Reading
6
ORD.NO. 11-15
a
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MEMORANDUM
To: Mayor and City Commission
Through: Donald B. Cooper,City Mana
From: Joan K. Goodrich,Economic Development Director
Date: April 20, 2015
Subject: Community Partner Feedback of Proposed Delray Beach Local Business
Preference Ordinance
Attached please find additional input and feedback on the Proposed Delray Beach Local Business
Preference Ordinance from key community and economic development partners after presenting
the item to the Boards of the CRA, DDA, Chamber of Commerce and West Atlantic Redevelopment
Coalition(WARC) from December 2014 through March 2015.
Formal response letters were received from the DDA and WARC with some notable suggestions.
Additionally, the CRA Board at their January 22, 2015 workshop meeting generally supported the
City Commission in enacting the proposed ordinance and recommended the following to the City:
1) Baseline City procurement data to see what the current trend is for City purchasing of
local services and products before the Ordinance is enacted;
2) Add a training component to the initiative to help local small businesses build capacity
and"readiness"for future purchasing opportunities
Please let me know of any questions. l look forward to our next steps.
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The mission of the Delray Beach Office of Economic Development is to
inspire and drive the growth of a diverse,vibrant entrepreneurial economyfor all.
April 20,2015
imp
DOWNTOWN
DEVELOPMiENT
Downtown DelrayBeach.corn
BOARD OF DIRECTORS December 15,2014
Cook
chair Joan Goodrich,Director of Economic Development
Chair
Hand's stationers City of Delray Beach
8eabron A.Smith 100 NW I"Avenue
Vice-Chairmen Delray Beach,FL 33444
TED Center
Bonnie Beer RE: Proposed Local Business Preference Ordinance
Treasurer
Caffe Luna Rosa Dear Joan,
Albert Richwagen
secretary This concerns the item that came before the Delray Beach Downtown
Richwagen's Bicycles
Development Authority for review.
Ryan Boylston ITEM: Review of Proposed Delray Beach Local Business Preference Ordinance.
Woo Creative After presentation,discussion ensued concerning a number of items:
Mark Denkler • American Builders and Contractors concerning ordinance language
Vince canning shoes . Physical office that is staffed and doing business full time a year before
Frank Friona solicitation
GFA Intemationai,Inc.
• Regular site visits,not just a telephone call to confirm business
ACTION—Motion for consensus approval of the Proposed Delray Beach
Business Preference Ordinance with the additional concerns of physical
site visits and contact with American Bididets and Cotlttactots concerning
language: Bonnie Beer;2": Albert Richwagen.
Roll Called.
Consensus unanimously approved.
Please know that we send this information to assist you in making your decisions
as they affect the DDA District of Downtown Delray Beach.
Sincerely,
��
•�
David Cook
Chairman
cc: DDA Board of Directors
Delray Beach Mayor and City Commission
Delray Beach City Manager
85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483• (561)243-1077 Fax: (561)243-1079
West
Atlantic
Redevelopment
Coalition
20 North Swinton Ave. .Delray Beach,Fl.33444.Phone:601-270.8640• Fax.,661-276-8558.www.DelrayWARC,org
February 27, 2015
OFFICERS To: Delray Beach's office of Economic Development,
REGINALD A.Cox,RA,MBA,CB4,CHAIR
CRA BOARD LIAISON, We thank you for your presentation at our last WARC Board meeting of
PRINCIPAL,REGINALDA.Cox&ASSOC.,INC. February 5th, 2095 at which you presented a proposed ordinance for Focal
rcnxr8ainaldacox.c€m Business Preference to the City's Procurement Policy. We agree that these
JOYCELYN PATRICK,VIC£-CHAIR are necessary steps to take for true community economic growth In our City
NWNEIGHI3ORH0onALuANCECHAIR, and we support it.
SUSTAINA13L£COMMUNITIES CO-CHAIR
�lOUCE�IItn.pateickQmail.cQrR That being said, we would like the disadvantaged population of our
ANN STACEY-WRIGHT,SECRETARY community to be supported and included in this effort as well, as we continue
SW NEIGHBORHOOD ALLIANCE CHAIR, our goals toward minority business development. Here is our
SUSTAINABLE COMMUNITIES CO-CHAIR recommendation towards that Initiative,
J oycalyn.pWickhmallTaam
PETER PERRI,TREASURER 1, Work collaboratively with members of the contracting community, City
OWNER,r,Js,LLC departments and other stakeholders on recommendations for how the City
bpluppP can develop and implement policies, practices and processes that increase
diversity, ensure fair participation, promote competitiveness, avoid
discrimination and provide a more responsive environment for MWBE i
DIRECTORS Disadvantaged firms, businesses and contractors working on City contracts
ALFRED STRAGHN
OWNER,STRAGHN&SON FUNERAL HOME 2. Facilitate outreach events for existing and potential MWBE t Disadvantaged
dstraQhnWyahon,com firms and pursue aggressive outreach strategies to sustain and improve
CHARLES"CHUCK R€DEFY,COMMUNITY
MWBE participation in City contracts
ORGANIZER,FPSU
ECONOMIC DEVELOPMENT COMMITTEE CFWR 3. Improve and expand technical assistance, business development, training
Grid€pyQQ1@gmai1.cgm and mentoring programs for MWBE / Disadvantaged firms by greater
coordination with organizations, businesses'and public agencies as well as
PATRICIA WRIVT other City departments and offices
PROMOTION$COMMITTEE CO-CHAIR,
FROG ALLEY HISTORIC COMMITTEE CHAIR
sushingpOpyonazom 4. Work closely with other departments and offices to ensure all policies,
practices and processes are consistent and complimentary and make it easier
DOROTHY ELLINGTON,EXECUTm DIRECTOR for MWBE/Disadvantaged firms to pursue City contracts
OURAY BEACH HOUSING AUTHORITY
dellingtoOdh 5. Commission a disparity study that covers professional services, purchasing
STEPHANIE IMMEIMAN,ExrounvI=D€RECTOR and construction services—ideally every 5 years
DELRAY BEACH MARKETING CO OPERATIVE This includes a request to the City, through the OED, to provide a FY
PROMOTIONS COMMITTEE CO-CHAIR 15/16 budget for the planning efforts leading to a disparity study.
simmelmon delroyhaach,com
In the meantime, WARC's Economic Development Committee looks forward
Pua�w GROSS,E--_CW eAoCR LRAY BEACH to working with our community partners including the City's OED, DDA,
FPSU SEW DELEGATE Chamber, CRA and DBMC on the data necessary to support this objective
heQpaa dQrnssl�i86CgmaiLcam and willing to participate in any way possible,
STAFF Sinc
KR€MN Cox-GooDwtN,wARC ADM€N,
adr�indelra �rarlF.nE'
(561)276-8640 Reginald A. Co ARC Board Chair
The Mission of the West Atlantic Redevelopment Coalition(WARC)is to serve as a vehicle for community redevelopment,linking
the resources of the public and private sector,to advocate for the improvement of the economic,soclaf and cultural future of the
businesses and neighborhoods surrounding West Atlantic Avenue,
If any person deeldes to appeal any decision made by the Board with respect to any matter considered at this meeting,[hat person will need
a record of the proceedings,and that,for such purpose,the person may need to ensure that a verbatim record of the proceedings is made,
which record Includes the testimony and evidence upon which the appeal Is to be based.
WORKSHOP MEETING MINUTES
Thursday, January 22, 2016 6:00 p.m.
City Commission Chambers
Defray Beach, FL 33444
STAFF PRESENT:
Jeff Costello Elizabeth Burrows Jasmin Allen
Earl Prizlee D J Doody
Joan Goodrich Susan Shaw
OTHERS PRESENT:
Marisa Gottesman Bob Currie Ian LaQua
Jill Lanigan Robert Schmidt
Isabella Balestriere D. Fitzsimmons
1.. Call to Order
Board Chair Herman Stevens called the Workshop to order at 5:05.
2. Roll Call
Present: Herman Stevens,Annette Gray, Bill Branning, Cathy Balestriere, Paul Zacks,
Absent: Reggie Cox, Joseph Bernadel
3. Approval of Agenda
Ms. Gray made a motion to approve the Workshop Meeting Agenda. Mr. Zacks seconded the
motion which passed unanimously.
4. Discussion
A. Presentation of Arts Warehouse Conceptual Plan _
Earl Prizlee, project Manager, opened the discussion. Staff has been working with Currie
Sowards Agulia Architects, Inc. (CSA) to further refine the conceptual plans previously
developed. He showed a rendering of the most current design which allows for maximum
flexibility as the program develops.
Mr. Cox and Mr. Bernadel arrived at 5,10.
Mr. Bob Currie, CSA, reviewed the floor plan with the board. He stated the artists spoke about
the Warehouse as the Art Cube and liked the name so much that the design concept focused
on cubes, The office addition (southwest corner of the building) will be demolished to provide
an iconic entrance with a 12"x12" glass block element. There will be a canopy and circular
4
drop-off entry with some parking and a handicapped space up front. The conceptual plan
includes a classroom, office space, catering kitchen/coffee shop, gift shop, restrooms, computer
room, artist studios, a maker space, reception area, and flexible multipurpose space that could
be used by the film industry. There are entrances from the back and the front, as well as a
place for a kiln outside on the north side of the building.
Mr. Branning was unsure about the glass block for the entrance due to the cost, and felt it might
not be acceptable per code. He also felt the reception area was pretty large. Mr. Currie said
the reception area was based on a visit to the new museum in Miami and It serves as a
backdrop for art and Is only 'staffed' during exhibits. Mr. Branning also suggested providing a
corridor through the maker space. Ms. Gray had some concerns about the maker space being
so large, stating that community input clearly stressed the need for artists' space. She also did
not feel the multipurpose space should contain anything permanent for the film industry. Mr.
Currie agreed the artists are the main consideration and that nothing was being added specific
to the film industry. While if is large, Mr. Currie stated that the space can be subdivided based
on demand. Also, Executive Director Jeff Costello noted that Mr. Branning's suggestion to put
in a corridor along the side of the maker space would automatically decrease the size.
Mr. Cox agreed with Mr. Branning about the glass block in the entry. Mr. Cox asked for
clarification that "Art Cube" is signage. Mr. Currie said he envisioned the entry cube wail being
poured in cement on the ground and then tilted up. The front elements would be 12" x 12" glass
block within the concrete. Mr. Currie said that it was signage and would have to go through
permitting but thinks it works for the building. Ms. Gray said she was not sure 'Art Cube' was
the best name for the building, and that there is a great opportunity for a naming contest.
Delray already has the Arts Garage and Artists Alley so it Is a chance to let the community
choose a name. Mr. Branning stated steel should be used rather than concrete for the entrance
feature. The board thanked Mr. Currie for the update.
B. Presentation on CRA Office Expansion Conceptual Plan
Mr. Prizlee introduced the item, which calls for expanding the existing CRA office space. He
gave a brief overview, noting that there are twelve staff positlons currently with another position
pending so additional office and meeting space is needed. He added that the integrity of the
original historic home needs to be respected, so the proposed design is a modern facade that
can be seen through. Jill Lanigan of Song & Associates Architects presented the conceptual
plans, and indicated the need for additional workspace and conference/meeting space. She
also stated that for these renovations state board approval would not be needed.
Mr. Bernadel thought the plans were a good start, blending the old and the new and making it
more functional while keeping the original design. He asked how long the project would takes
and what kind,of inconvenience would be posed. Mr. Costello responded from nine months to a
year for construction and maybe six month for permits. There will be some inconvenience. Mr.
Prizlee stated that the cost for the one story addition would be approximately $500,000 to
$700,000 and the second story would be another $200,000 to $300,000. With soft costs at
20%, the cost would be around $1,000,000 to $1,500,000. Mr. Cox said he thought the first
story renovations would suffice, but suggested the plans for the first floor should be modified.
He felt the addition needs to be more consistent with the existing design, Mr. Prizles said that
an elevator needs to be added to come up to code for handicapped, so it would be prudent to
go ahead with the second story at the same time.
Mr. Branning commented that while he recognizes the need for more space, the CRA does not
want to create an iconic government office building which would draw unwanted attention. He
2
felt the proposed design is inappropriate and inefficient, particularly with the lobby area. The
renovations would cost about $400 a square foot, and he did not support spending a million
dollars for 2,600 square foot of office space. He suggested going out and looking for office
space, maybe 5,000 or 6,000 square feet. Mr. Stevens expressed concern with the cost of the
expansion considering these are public funds being used. Mr. Zacks asked about obtaining
other space for that amount of money. Mr. Costello noted that 5,0006,000 square feet of office
space is limited In the district. He asked where the board felt the CRA should be positioned in
the area. Ms. Gray stated that she does not think the CRA will be growing in the next thirty
years, and questioned being able to recoup the value if the current building is modernized.
Additionally she felt such an iconic building would open the CRA for unwanted attention and
believes the CRA should be positioned on West Atlantic Avenue. Mr. Stevens felt more
information is needed regarding relocation. Mr. Costello said there could be some opportunities
with th'e new West Atlantic development underway, and staff could bring more options to the
February Board Workshop and present a Plan B for relocation. Mr. Branning felt there might be
an opportunity with a future RFP for CRA owned property. Staff will bring some relocation
options back to the board.
C. Proposed Delray Beach Local Business Preference to City's Procurement Code
Ordinance
Economic Development Director Joan Goodrich presented the item. She. stated that 25
communities' procedures were researched as to what they do regarding supporting small and
minority businesses in the context of procurement, economic development, and assistance.
Working together with the City Manager's Office, City Attorney's Office, Finance Department,
and the Office of Economic Development, the procedures were reviewed. As a result, ten
recommendations for updating the purchasing and procurement policies and creating new local
and/or small business preference were brought forward at a City Commission Workshop last
November. Specifically, direction was sought on updating purchasing policies and considering
giving direction on new local preference small business policy. Minority business preference
cannot be.addressed as there has not been a recent Disparity Study. A draft of the ordinance
has been provided in the board packets, and it grants a preference to local businesses
responding to competitive solicitations with four specific methods by which the preference could
apply. Local businesses would need to have a physical address within city limits, and it includes
home offices but not post office boxes. They would also need a valid business license receipt.
She noted that there was a business preference given in the 2014 Landscape Architect RFQ so
the board has given this some consideration already.
Mr. Branning stated his reason for giving 10 points for local business respondents to the 2014
Landscape Architect RFQ was because of the practicality of having job sites nearby. He stated
that normally when a local preference policy is adopted it is to create an economic benefit with
workers living and working and spending money within their municipality:- He suggested it would
be important to know how much in dollars the city puts out for procurement that would meet the
criteria in this draft ordinance and how much the city does locally and how much is not local. He
feels this information will be valuable for evaluating the proposed ordinance, and noted that the
IT Department could take the City's vendors list and sort it to gather useful data. Ms. Goodrich
will bring data back to the board for further review. Ms. Gray is fully In favor of moving forward
with the ordinance, and feels that an educational component is needed. She feels if one
business is helped to get a local contract the program will be successful. Currently many small
businesses don't respond because they can't compete. In order to be able to compete on bids,
these small businesses will need assistance and education. Ms. Balestriere also acknowledged
the need for an educational component, and asked about putting in plans to work with the small
3
businesses since they do not have an existing infrastructure. Mr, Cox thanked Ms, Goodrich for
her participation In the process of coming up with the ten excellent recommendations.
The Workshop was adjourned.
Je I o, Exe utive Director Herman Stevens, Board Chair
4
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Holly Vath, Chief Purchasing Officer
Jack Warner, CFO
THROUGH: Donald Cooper, City Manager
DATE: April 2, 2015
SUBJECT: AGENDA ITEM 11.A.-MEETING OF APRIL 21,2015
ORDINANCE NO. 11-15(FIRST READING)
BACKGROUND
Staff recommends that the Commission, by majority vote:
By motion, approve on first reading Ordinance No. 11-15, creating a new Section 36.14 of the City's
Procurement Code, by amending Chapter 36, to, among other changes, create a Section 36.14, "Local
Business Preference."
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
FINANCIAL DEPARTMENT REVIEW
Finance recommends approval.
DISCUSSION
The City Commission directed staff on November 13, 2014 and reaffirmed on December 9, 2014 to
propose a local business preference purchasing program. The ordinance defines a "Local Business" is
any person, firm, partnership, company or corporation authorized to do business in Florida that has a
valid business tax receipt issued by the City for at least one (1) year prior to solicitation and a physical
address within the City from which the vendor lawfully performs and operates. In order to qualify for
the preference, a Local Business must submit a certification statement defined in the ordinance.
The ordinance grants a preference to Local Businesses responding to competitive solicitations made
under Code Section 36.02 (A) Sealed Competitive Method, which applies to acquisitions and revenue
contracts with value over $ 25,000. There are three specific methods by which the preference could
apply:
file:///C:/Users/Ortegad/Desktop/First%20Reading%20Memo%20for%200rdinance%20N... 4/23/2015
Page 2 of 2
(1) Competitive Bids. The City will give preference to a Local Business whose bid is determined to be
within 5% or $5,000, whichever is less, of the lowest responsible and responsive bidder. The inverse
applies for revenue generating contracts — the same preference will be applied by reference to the
highest bid.
(2) Requests for Proposals, Requests for Qualifications, and Requests for Letters of Intent using a
quantitative selection. This provision applies when the selection utilizes a point system for evaluation of
submissions. The City will give Local Businesses an additional 5% of the total points indicated in the
evaluation criteria. As an example, if the solicitation utilizes a 100 point system, a Local Business
would have the opportunity to earn up to a maximum of 105 points.
(3) Requests for Proposals, Requests for Qualifications, and Requests for Letters of Intent using a
qualitative ranking rather than a quantitative selection. This provision applies when the solicitation calls
for proposals to be ranked rather than assigned numerical points. For all such solicitations, the City's
Purchasing Department will include a Local Business preference in the evaluation criteria that is
consistent with the intent of the ordinance.
The ordinance further establishes a general policy for all other procurements, encouraging City
departments and staff to utilize Local Businesses if possible.
The Local Preference ordinance limits the applicability when more than 5% or $5,000, whichever is
lower, separates the Local Business from the lowest responsive bidder.
The Local Business preference exempts certain types of acquisitions, either because prohibited by law
or as a matter of public policy (e.g., professional services subject to CCNA, contracts with
governmental funding that prohibit local preference, emergency procurements, and piggyback
procurements). Further, the ordinance includes a waiver provision, which allows the City Commission,
by majority vote, to waive the Local Business preference should it determine the preference is not in the
best interest of the City, as long as the determination is made prior to advertisement of the solicitation.
OPERATING COST
In FY 2014, local preference would have applied to 34 procurements each with a value greater than
$25,000, and with total spending of approximately $ 5.6 million. Assuming the most costly case, that
the maximal local preference price differential (the lower of 5 percent or $5,000) had occurred in every
procurement, the cost to the city would have been approximately $100,000. In actuality, local venders
were awarded approximately $3.5 million of total FY 2014 spending with no local preference
operational. Thus the more realistic "worst case" additional cost to the City would have
been approximately $ 37,000.
RECOlVMMNDATION
Staff recommends approval of Ordinance 11-15.
file:///C:/Users/Ortegad/Desktop/First%20Reading%20Memo%20for%200rdinance%20N... 4/23/2015
RECEIVED
SUN-SENTINEL APR 3 Q 2415
Published Daily
Fort Lauderdale,Broward County,Florida CITY CLERK
Boca Raton,Palm Beach County,Florida
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF: BROWARD/PALM BEACH/MIAMI-DADE _
CITY OF DELRAY BEACH,FLORIDA
Before the undersigned authority personally appeared NOTICE OF PUBLIC HEARING
MARK KUZNITZ, who on oath says that he or she is a duly authorized representative of the SUN- olowngpr posedcrdibna ceanTU s-
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE Count con MAY E,2015 such me ting which any
p y, continuation of such meeting which is
Florida- that the attached copy of advertisement, being a Legal Notice in: set by the commission),in the commis- .
sion Chambers,100 N.W.1stmenue,
Delray Beach,Florida,at which time the
City Commission will consider its adep-
The matter of 117 20of Public Meeting lion.The proposed ordinance may be
inspected at the office of the City Clerk
at City Hall,100 N.W.list Avenue,Delray
Reach,Florida,between 8:00 a.m.and
City of Delray Beach 5:00 p.m.,Monday through Friday,except
Friday holidays. Interested parties are Invited to
attend and be heard with respect to the
04/24/2015 proposed ordinance.
Tuesday, May 5, 2015 at 7:00 p.m. I ORDINANCE No.11-15
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CITY OF DELRAY BEACH,
Was published to said newspaper in the issues of; Apr 24, 2015 FLORIDA,AMENDING THE CODE OFORDI-
NANCES OF THE CITY OF DELRAY BEACH,
FLORIDA,BY AMENDING CHAPTER 36,
32 3222 'ACQUISITION OF GOODS AND 5 ERV ICES
AND DISPOSAL OF CITY PROPERTY';
AMENDING SECTION 36.02,"METHOD OF
ACQUISITION,"SUBSECT[ON(A).'SEALED
Affiant further says that the said SUN-SENTINEL is a newspaper published in said CoMPETITiVE METHOD";CREATING KC-
BROWARDIPALM BEACHIMIAMI-DADE County,Florida, and that the said newspaper has TION36.14,"LOCAL BUSINESS PREFER-
heretofore been continuously published in said BROWARD/PALM BEACHIMIAMI-DADE County, PREEaENCEBNS HEA000ISITO OFFSs
GOODS AND SERVICES PROVIDING
Florida,each day and has been entered as second class matter at the post office in BROWARD DEFiNITIONSANDCERTIFICATIONRE-
County,Florida,for a period of one year next preceding the first publication of the attached copy of EXCLUSIONS F90MAND WAIVER IOF LO`R
advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm A SAVING(NESS PREF GENERALR REPEALER
c
A SAVVNG CLAUSE,A GENERAL REPEALER
or corporation, any discount, rebate, commission or refund,for the purpose of Securing this CLAUSE AND AN EFFECTIVE DRTE,
advertisement for publication in the said newspaper. Please be advised that it a person decides
to appeal any decision made by the City
Commission with.respect to any matter
considered at this hearing,verb person
may.need to ensure that a verbatim re-
cord includes the testimony tims and
e based
upon which the appeal
Signature of Affiant The City does not provide nor prepare
such record pursuant to F.S.286.0105.
Sworn to and subscribed before mIthil Ap ril 24, 2015.
T CITY OF DELRAY BEACH
Chevelle D.Nubin,MMC
City Clerk
04/24/2015
Signature of Notar NOREEN RUBIN
\t 17�FY pL' •r
o �: Nolary Public-State Di FIo2�16
My Comm.Expires Oct 24,Commissioi+#EE 213961
E OF F4p`. Bonded Thro ugh National Notary Assn.
�/elllll,\\
Name of Notary,Ty rated,�or Stamped
Personally Known(X) or Produced Identification( )
Order#- 3233222
SUN-SENTINEL
Published Daily
Fort Lauderdale,Broward County,Florida
Boca Raton,Palm Beach County,Florida
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF:BROWARD/PALM BEACHIMIAMI-DADE
Before the undersigned authority personally appeared
BETTY ARMAND, who on oath says that he or she is a dulyauthorized representative of the SUN- CITYOF DERAr BEACEI FLORIDA
y F ,> NOTICE OF PUBLIC.HEARING..
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, o PUBLIC
nIC HEARING
Poedo befoohthe
r ll
Florida;that the attached co of advertisement,being Legal Notice in: DAY JULY7,2o17:n
'satopinl or at any
copy ag a g contlnuat€on of.such meeting which is
setbythecornnniss€oni ip=the Comms
cion-Chamber5�,160 N W.1st AVE.nue,
The matter of 11720-Notice of Public Meeting Delray Beach,I=tonda aCwnichtime.the .
City Carntnissioi wilt consider Stsadop-: :
tion,The proposed ordindhce may be
City of Delray Beach/City Clerk's Office at City inspected attheoffloeC€tyClerki
Hau 100N. ..Wvv.jstAVenue Dorray,
Beach Ffor€da,between 8:D0 a rl and `.
Friday 5:()0 p m,Monday through.Friday except
06/26/2015 holidays. Interested partles'are Invited to
attend and be heard with respect to the`
Hearing proposed ordinance
ORDINANCE NO..10 15
Was published in said newspaper in the issues of; Jun 26,2015 ANORDINANOFRmENbING7HECCIDE
OrORDINANGES OF THE CITY OF DELEtAI`
BEACH,FLORf.DA;BY AMENDING CHAP
3375268 TER331pOLICEANDFIRETREStUE0E I
PARTMENTS'AT TITLE 3"P fJ51ONs,"Bvt=
AMENDING SECTION 33.60;:DFFINMONS'
AMENDING SECTION 33 62,.8ENEFIT
Affiant further says that the said SUN-SENTINEL is a newspaper published in said ANAOUNTS AND ELIGIBILITY,AMENDING
BROWARD/PALM BEACH/MIAMI-DADE Count Florida, and that the said newspaper has
SECTION33,689,RETIREMENT BENEFIr
Y ENHANCEMENT;PROVIRING FOR SEVER,
heretofore been continuously published in said BROWARD/PALM BEACHIMIAMING FO
-DADE County, THE DDE;AND IPROVIIDIN PROVIDING EF-
Florida, each day and has been entered as second class matter at the post office in BROWARD FECFIVEDATE. :.
County,Florida,for a period of one year next preceding the first publication of the attached copy of Please be advised that€fapersondecldes
to appeal any dec€s€on made ay the City:
advertisement;and affiant further says that he or she has neither paid nor promised, any person,firm Comm€ssion .t respectto.any matter
consinered atthis heanng,such:parson
or corp, ation, any disc t,rebate, commission or refund, for the purpose of securing this may need to ensurethataverbat€m re-
cord ment for u cati n in the said newspaper. cord includes theaestimonydnd ev€dence
aupon de bas6d.
pThe Clty doesh otpprovidetnor prepare
sych'record pursuant to FS.286.0105.
CITY�OF DELRAY BEACH
CheuelfeD Nubirf;MMC
Signature of AfaiT Fridayjune 26,2619:
S o and subscribed before me this: June 26,2015.
ature of otary Public
::HELLY A. HOU]�904
OfvMM/ SSION rt FFV"�' PIRES March 19,2
Na ! t"Ti ed
Personally Known(X)or Produced Identification( )
Order#-3375268
GITYoF.rl�€xar seacH.Fi=oalrra .
—--- --- ------ NOTICE OF PUBLIC HEARING
A PUBLIC HEARING wd€oe:held on the
folidwing proposed ordinagces on TUES-
DAY,JULY 7;2015. at 7:00 p-m or at anyr
continUation-of such mean g:which;)s sei
by the Commissioh),ih th0 orrImission`:
Chambers,100 N.W.1st Avenue,:pelray:_':
Beach,Florida,at which time the City
SUN-SENTINEL Commission will consider their adop-
tion.The proposed ordinance may be.
Published Daily inspected at the office of the City.Clerk:
Fort Lauderdale,Broward County,Florida at City Hail;100 N.W.1 $:DO Avenue,Delray
3' Beach,Florida,between 8:00 a.m.and
Boca Raton,Palm Beach County,Florida 5:bo p.m.,Monday through Friday except
holidays: Interested parties are invited.to
Miami,Miami-Dade County,Florida attend and be heard with respect to the
proposed ordinances.
STATE OF FLORIDA ORDINANCE N0.12-15 j
i
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CIN OF DELRAY BEACH;,
COUNTY OF: BROWARD/PALM BEACH/MIAMI-DADS FLORIDA ADOPTING ASMALL-SCALE
FUTURE LAND-USE MAP AMENDMENT
FROM MD(MEDIUM DENSITY RESIDEW
TIAL:S-12 DU/A T :.
Before the undersigned authority personally appeared CORE},PURSUANTTG THE PROVISION.S
-
BETTY ARMAND, who on oath says that he or she is a duly authorized representative of the SUN- 01 RSUESSECTIONIDA ATT163.3181;:
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACII/MIAMI-DADE County, OF swsrDHAVENUL,°3 THE WEST
Florida;that the attached copy of advertisement,being a Legal Notice in: OF WEST ATLANTIC AVENUE,AND LAND
LOCATED ON THE EAST SIDE OF SW 7TH
AVENUE,365 FEET SOUTH OF WEST AT �.'
LANTIC AVENUE,AS MORE PARTICULARLY
The matter of 11720-Notice Of Public Meeting DESCRIBED HEREINI REZONING AND
PLACING SAIDMND.PRESENTLY ZONED:
RM(MEDIUMDENSITY RESIDENTIAL)
Cit of Delray Beach D€STRICTTO CRO(CENTRAL BUSINESS]
City Y DISTRICT;AMENDING"ZONING MAP OF
Friday DELRAY BEACH;FLORIDA,FEBRUARY
2015%.PROVOING A GENERAL REPEALER
06/26/2015 CLAUSE,A SAVING CLAUSE;AND AN EF-
FECTIVE DATE:
Tuesday,July 7, 2015 at 7:00 p.m.
.:ORDINANCE N0.13-15
Was published in said newspaper in the issues of; Jun 26,2015 AN OF oFrHE LRCITA commis
1) 530N OF THE CITY OF DELRAY BEACH,
FLORIDA;AMENDING.THE:LAND.DEVEL-
OPMENT REGULATIONS OF.THE CITY OF
3372577 DELRAY BEACH,FLORIDA,BY AMENDING
SUBSECTION.4.5:.1{E)(6);,"RELOCATION;`.
TO ESTABLISH REGULATIONS ANP GUIDE
LINES REGARDING THE RELOCATION OF
Affiant further says that the said SUN-SENTINEL is a newspaper published in said BUILDINGS OR STRUCTURES WITHIN,To,
BROWARD/PALM BEACH/MIAMI-DADE Count Florida, and that the said newspaper has OR FROM HISTORIC DISTRICTS OR SITES
County, BY ENACTING SECTION 7:10 11; HISTDR
heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County, ICSTRUCTURER'TOFS€oN13HA STOR
Florida,each day and has been entered as second class matter at the post office in BROWARD TO PROVIDE FOR FORFEITURE Or SAME
FOR FAILURETO SUCCESSFULLY RELO.
County,Florida,for a period of one year next preceding the first publication of the attached copy of CATEA HISTORIC STRUCTURE PROVIDING
A SAVING CLAUSE,A GENERAL REPEALER
advertisement; and affiant further says that he or she has neither paid nor promised, any person,firm CLAUSE,AND AN EFFECTIVE DATE.
or corporation, any discount,rebate,commission or refund,for the purpose of securing this ORDINANCEN0.1415
adver A Ment for pub^n in the said newspaper. AN ORDINANCE OF THE CITY COMMIS
SION OF THE CITY OF DELRAY BEACH',:
FLORIDA,AMENDING.THE LAND DEVEL-
OPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH,FLORIDA;BY REPEALING::
SUBSECTION 4.5.1(E)(7),"DEMOLITION"'.
BY RENAMING AND AMENDING SU.BSEC
signature of A ant TION 4.5:1(1`);"RESTRICTIONS ON'DEMOLI
TIONS,"TO S to and subscribed before me this: June 26,2015. GUIDELINES
AMEND A DINGREGTHE DEMNS AND
GUIDELINES REGARDING THE DEMOLITION
OF HISTORIC STRUCTURES;TO
(/`_! -
REQUIRE THE SUBMISSION OFA➢EMOLI
�C. TION PI:^TO REQUIRE THAT PROPERTY !
OWNERS APPLYING FOR.DEMOLITION:..,:: _
Si nq- vp� of T PERMITS TAKE CERTAIN STEPS TODOCU
y� r`Y a` �� � VENT,SALVAGE,AND RECORD HISTORIC
>w. STRUCTURES;TO ESTABLISH ADDITIONAL
MY COMMISSION fT FF2i19�J4 -�
REQUIREMENTS FOR DEMOLITION OF:. I
"�y�Pyis • EXPIf2ESMarch19,2D18 MORE THAN 25 PERCENT OFACONTRIB
UTING OR INDIVIDUALLY DESIGNATED
(d[}'/j3hiFt•0'!Gi FInn6IN0111? P-1Cc Co• STRUCTURE;BYAMENDINGSUBSE£
71ON 4.5.1(G),"UNSAFE,BUILDINGS,"TO -
REQUIRE THE CHIEFBUILDINGOFFICIAL!
Name of Notary,Typed,Printed,or Stamped TO PROVIDE THE HISTORIC PRESERVA-
TION BOARD WITH DOCUMENTATION_
Personally Known(X)or Produced Identification O REGARDING ANY STRUCTURE WITHIN`
A DESIGNATED:HISTORIC SITE OR DES-
IGNATED HISTORIC DISTRICT THAT 15
UNSAFE;PROVIDING A SAVING CLAUSE;':;'_t.,
A GENERAL REPEALER CLAUSE AND AN.
EFFECTIVE DATE
I
ORDINANCE N0.15-1.5.
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CITY OF DELRAY BEACH,
FLORIDA;AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF.,...
ORDINANCES BY AMENDING.SECTION
4.7,"FAMILYLNIORKFORCE HOUSING=':70
PROVIDE THE CITY COMMISSION WITH y
THF DISCRETION TO DETERMINE THE:
MOST APPROPRIATE MEANS OF MEFTING
THE WORKFORCE HOUSING REQUIRE.-
MENT FOR EACH APPLICANT,'PROVIDING
THAT THE APPLICANT MUSTELECTTHE`"`
PREFERRED-OPTION:.OR MEETING THE
Or& WORKFORCE HOUSING REQUIREMENT
AT THE TIME OF APPLICATION FOR CON,
DITIONAL USE APPROVAL;PROVIDINGA.';.::
SAVING CLAUSE,A GENERAL REPEALER
CLAUSE,AND AN EFFECTIVE DATE
ORDINANCE NO.17-15
SOUTH FLOMDA SUNSEN TINEL p SUNSET TINEL.COM Friday, Jute 26, 2015
cilY OF OELRAY BeA.CH,,FLO91DA::
NOTICE Or PUBLIC HEARING
A PUBLIC HEARM Will be held on the
following proposed ordlnahce bn TUE5-
DAY,"JULY 7,2015`.at 7.00 O.M.or.at anY'.;,'..
contin.uatioh ofsucn meeting wh€ch is.
set bythe Comhlissfan),in the Comm#s
sion_chambers laa N Vq 15tFG19n[le,
Delray Heach,Honda;at Wh[dh time the
City Commission will cohsider€ts adop
tion.The proposed Ordnance.may be
in at the efflee of the;C€ty Clerk .'
atcity Hall,100N.N!15tAv0nue Delray
B.eacFi Florida;between'80(a m and
5:OO:p.m MondaythrouglFridap,except:.
holidays. Interestod parties:are invited to
attehd and be heard with respect td the
proposed ordinance
ORDINANCE N0.1(15
ANORDINANCEAMS N61NGTHt.CODE ...
OF.Q$DINANCE9.OF THE CITY.OF DELRAY
BEACH FLORIDA;_BYAMENJDIN.GCHAP
TER 33"POLICE AICD FIRE RESCUE.DE-....
P.�RTIViENTS ATTITLE 3"PEN5161V5"BY
AMENDING SECTfON 33.6(,DEFINITIONS _
AMENDING SECT16N 33.62;BFNEFIT.. .
AMOUNTS ANDELIGIRILITY'AMENDING
SECTION336a9;::Rt1 PPEMENT:tiENEFIT :-
ENHANCEMENT;PROVIDINGFOR$E.VEft`
ASIUWY PROVIDING FOR INCLUSION IN
THE CODE,AND PROVIDING FORAN EF-:
[FECTIVE DATE.
Please be advised that IT a person decides
toappealany decision made by the City
commission with respect to any matter
considered atthis:nearing,such person
may need to enswe thata verbatim re-
cord include$the,tesfImony and evidence
dp6h;wh€ch the appeal isnty 6e;oasad
The City does not prov€de Aor prepare
such�tecord pUt$Oant to FSi296 0105. `.
CITY OF DELRAY BEACH .. '.'. ....
Cheveile D.Nubin MMC
city Gferk..
Friday;:Jun e:26;.2015
a`SOUTf 1 f=f ORfQA SUNSENTfNEL m Sl1NSEfVTfIEL.COM , Friday, Ju�1e 26,:2015.
W- 0 K_
-CITY 00 DE[RAY BEACH FLORIDA
NOTICE OF PUBLIC}HEARING
A PUBLIC HEARING will be held 0n the
fc116wmg proposetl Ordln&Hees onTUES
DAY,JULY 7,2015 at 7.00 p..M or at anY.
continuation of'such meeting. it. is set
::by the COmmission),in theC6mmissior
Cumbers'100 N.W.1stAyenue Delray;
Beach,Florida,at which time tha Cty
Co nmiSsjon.wiII considerfh6.r od0p-
tion.The prep oeedordtnancemaybe
inspected at tire Offlce o4 the 010 1M
at City Hal),100 N W.15tAuenue,Delray ORDINANCE NO;1:5,15
Beach Flonda between 8:00 a m,and
ANORDINANGERF THFn C!'F'Y COh/MIS
S:oo p m Mo,iday thrOUgh Friday except 514N OF THE CITY OF.DELRAY BEACi. _',
Holidays. Intehested parties are InUiteo t0� FLORIDA,AMENDING THE:LAND DEVELOP-
attend and be:heard with respect to the MENT REGULATIONSOFT
. HE CODE OF
'proposed ordinances. ORDINANCES,BY AMENDING SECTION '.
ORDINANCE N0.12-15 4.7;:"rAMILYMORKFORCE:NOUS€NG"Tf)'
... .... PROVIDE THE GITY COMMISSION.WITl4.
THE DISCRETION TO DETERMIE THF .'"
AN ORDINANCE OF THE CITY COMMIS- : MOS TAPPROPMA.TE MEANSO.F MEETING
SION OFTHE.CITY OF DELRAY BFACH; THE WORKFORCE HOUSING REQUIRE-
FLORIDA ADOPTING A SiNP.LL"SCALL: MENT FOR EACH APPLICANT;PROVIDING -
-.FUTURELANQUSEMAPAMENDNIk'.NF -THATTHE-APPLICANT:MUST FLECT.THE
FROM MD(MEDIUM DEN5ITY RESIDEN PREFERRED.OI:."f30N OR ME£TINQ'THE
TIAL 5-12 DUMC)TO CC(COMMERCIAL WORKFORCE HOUSING.:REQUIREMENT
CORE),PURSUANT TO-THE PROVISIONS AT.THE TIME OF'-APPLICATION FOR CON_.
OF THE"COMMUNITY PLANNING ACT", D.MON AL USE.APPROVAL,.PROVIDING A:
FLORIDA STATUTES SECTION,�63,31ff7, SAVING CCAU.SE,A GENERAL REPEALER-''
FOR.LANDLQCATEDONT.HEWESTSIDE CIAUSEANDANEFFECTIVEDATE.
QFSW&H'AVENUE,334FEETSOtLTH, .'.
OF WEST ATLANTIC AVENUE,AND LAND ORDINANCE N0.17-15
LOCATED ON:THE.EASTSIDE OF SW 7TH:.
AVENUE;365FEETSOUTH OF WEST AT
AN THE CITY COMM€S-
LANTIC AVENUE,AS MORE PARTICULARLY TION OF THE CITY QF DELRAY BEACH, -:
DESCRIBED:HEREIN,AND;REZONINGAND: FLORIDA,AMENDINGTITLE�:1"GENERAL':
PLACING SAID'LAND PRESENTLY ZONED OFFENSES",OF-.THE CODE:OF OR01-.
RM(MEDIUM DENSITY RE%DFNTkAL)..:. NANCES OF THE CITY OF DELRAY BEACH,:
DISTRICT;7QCBD(CENTRAL BU$IN£SS) 3Y-'CREATINGA. NEW'5ECf10N137,,"CIVIL:-
DISTRICT;:AMENDING"ZONINGMAP OFIRIGHTS°,:PROVIDING FOR.NON-DfSCRII
DELRAY BEACH,FLORIDA,FEBRUARY fN.4TIQN WITHIN.THE CITY;PROVIDING A.:
2015;PRMIDING A GENERAL REPEALER;: GENERAL REPEALER CLAUSE;SAVING
CLAUSE,A.SAVING CLAUSE AND AN'EF-> CLAUSE AND;AN EFFECTIVE RATE..
FECTtVE-OiATE.
Please ce advised that If a person decides
ORDINANCE.NQ.13-15 to appeal anydocislOn made by the.City::
Cornmissl0n with respect to any matter
AN ORDINANCE OF THE.CITY COMMIS- Considered at this hearing,such person
SION OF ME CITY OFDELRAY BEACH may heed t0 ensure that a verbatim rE-
FLORIDA;AMENDING.THELAND DEVEL cord lrclUde..s.the.testimony.andevidence,.
OPMENTREGULATIONSOF THECITY.Or._< upon whichthe.appeal isto;be based:
DEBEACH; BY AMENDING` THe;CitydoesRotprovideiiorprepare
SUBSECTION 4.5.1(E)(6V'RELOCATION; r SUCK record pur5uant to F.S 286.0105.:::
TO ESTABLISHREGULATIONSANDGUIDE- ;
LINES REGARDING THE RELOCA710N OF CITY OF DFLRAYBEACH
BU
IL
D
GSORSTRUCTUR£SW€THIFI,TO, Chevalfe;D;,NUh(t7 MMC
ORFROMNI570RICDIS 7RICTSORSkTES; CityClerk
BY ENA"NG SECTION 7 10.11,"HISTOR 04/26/2415
fC STRUCTURES,"TO ESTABLISH A.HISTOR
IC STRUCTURE RELOCATION BOND,AND
TO PROVIDE FOR FORFEITURE OFSAME
FOR FAILURL70 SUCCFSSFULLY RELO
CATE A=HISTORIC STRUCTURE;PRDVIDING
A SAVING CLAUSE,A GENERAL REPEALER
CLAUSE,AND AN EFFECTIVE DATE;.
ORDINANCENG 14-15
AN ORDINANCE OFTHE CITY COMMIS
SIGN OFTHE CITY OF DELRAY BFACH
FLORIDA,.AMENDINGTHE LAND DEVEL
OPMENT REGULATIONS.OF,THECITY QF
DELRAY.BEACH,FLORIDA BY REPEALING
SUBSECTION 4.511(F)(711 DEMOLITION
BY RENAMING AND AMENDING:$UBSEC
TION 4.5.1(F)°RESTRICTIONS ON DEMOLI
TIONS;`TO AMEND REGULATIONS AND
GUIDELINES REGARDING THE DEMOLITION
OF HISTORIC STRUCTURES TO
REQUIRETHE SUR MISSION OF A DEMOLI-
TION PLAN,TO REQUIRE THAT PROPERTY
OWNERS APPLYING FOR DEMOLITION
PERMITS:TAKE CERTAIN STEPS TO ROCU
MENT,-SALVAGE,AND RECORD HISTORIC
STRUCTURES;TO ESTABLISH ADDITIONAL
REQUIREMENTS FOR DEMOLMOR OF
MORE THAN 25 PERCENT OFA CONTR€B-
UTNG OR INDIVIDUALLY DESIGNATED
STRUCTURE,BY AMENDING SUBSEC-
TION 4.5.1(G);."UNSAFE BUILDINGS,.TO._
REQUIRE THE CHILE BUILDING OFFICIAL
TO PROVIDE THE HISTORIC PRESFRVA
TION BOARD WITH.DOCUMENTATION
REGARDING ANY STRUCTUREWITHIN
A DESIGNATED HISTORIC SITE OR DES
IGNATED HISTORIC.D&RICTTHAT IS
UNSAFE FROVIDfNGASAVVNGC.1AUSE
A GENERAL REPEALER.CLAUS£AND AN.
EFFEI DATE