Ord 13-06
ORDINANCE NO. 13-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 36, "FINANCE; CITY PROPERTY
TRANSACTIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, BY AMENDING
SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT
PERSONAL SERVICES CONTRACTS ARE EXEMPT FROM
THE REQUIREMENTS OF CHAPTER 36; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City has always adhered to purchasing procedures where the person, entity
or thing was purchased based on the lowest price or most qualified person! entity; and
WHEREAS, this process will not change, however, to clarify this process, personal services
contracts will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, it has long been held that contracts for personal services that involve a peculiar
skill or ability may not be required to be let by competitive bid, See, City 0/ Pensacola v. Kirby, 47 So.2d
533 (Fla. 1950).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01,
"Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS.
(A) The details of all City purchasing shall be performed in accordance with the latest
current revision of a standard practice instruction as issued by the City Manager, and as this reflects
the requirements of the City Charter and the current revision of the City's Code. Personal Services
Contracts are contracts that involve a particular skill or ability. such as. but not limited to. contracts
for artistic work. that are dependent upon specialized expertise. skill and experience. Personal
Services Contracts are not subject to the competitive bid requirements of this Chapter. unless
re<tuired by State law.
(
(B) The City Manager or his designee shall have the authority to execute on behalf of the
City, all purchase orders, contracts, change orders, service authorizations or modifications thereto
when a public hearing, or approval, review, selection or award by the Commission is not requested
by this Chapter.
Section 2. That should any section or proVlslon 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 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 upon its passage on second and
final reading.
C"'t~ PASSED b..ND AQOPTED in regular session on second and final reading on this the
~ day of ~~ 2006.
~Y~R Itc
ATfEST:
~~.~~l
City Clerk
2
ORD NO. 13-06
fIJ
ORDINANCE NO. 13-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY
AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT PERSONAL
SERVICES CONTRACTS ARE EXEMPT FROM THE
REQUIREMENTS ON CHAPTER 36; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City has always adhered to purchasing procedures where the person,
entity or thing was purchased based on the lowest price or most qualified person/entity; and
WHEREAS, this process will not change, however, to clarify this process, personal
services contracts will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, it has long been held that contracts for personal services that involve a
peculiar skill or ability may not be required to be let by competitive bid, See, City of Pensacola v.
Kirby, 47 SO.2d 533 (Fla. 1950).
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", Section 36.01,
"Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS.
(A) The details of all City purchasing shall be performed in accordance with the latest
current revision of a standard practice instruction as issued by the City Manager, and as this
reflects the requirements of the City Charter and the current revision of the City's Code. Personal
Services Contracts are contracts that involve a particular skill or abilitv. such as. but not limited to.
contracts for artistic work. that are dependent upon specialized expertise. skill and experience.
Personal Services Contracts are not subiect to the competitive bid requirements of this Chapter.
unless required bv State law.
(B) The City Manager or his designee shall have the authority to execute on behalf of
the City, all purchase orders, contracts, change orders, service authorizations or modifications
thereto when a public hearing, or approval, review, selection or award by the Commission is not
requested by this Chapter.
~a.\\o-o ~~
~~ ()\~~CJI-
~ \ac.,
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.
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 upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD NO.
MEMORANDUM
TO:
FROM:
MAYOR AND CITI COMMISSIONERS
CITY MANAGERffP/
AGENDA ITEM # \ () C.- - REGULAR MEETING OF MARCH 21, 2006
ORDINANCE NO. 13-06
SUBJECT:
DATE:
MARCH 17, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 36,
"Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice
Instructions", of the Code of Ordinances, to provide that personal services contracts are exempt from
the requirements of Chapter 36.
At the first reading on March 6, 2006, the Commission passed Ordinance No. 13-06.
Recommend approval of Ordinance No. 13-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 13-06 Personal Services 032106
[IT' DF DELIAY IEA[H
..o~
VI1
CITY ATTORNEY'S OFFICE
200 NW hI AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 5611243-70<)0' FACSIMILE: 561/278-4755
DELRAY BEACH
F l 0 Ii: I D ^
DaI:III
All-America City
, III I! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
March 2, 2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
\\..---- ~
Brian Shutt, Assistant City Attorney
SUBJECT: Clarification of Purchasino Procedures Reoardino Personal Services
Contracts
The attached ordinance clarifies that personal service contracts, such as contracts
for artistic work, are dependent upon the expertise and skill of the person
performing the work, therefore, such contracts would not be awarded based on a
competitive bid regarding the price but based on the skill and expertise of the
person performing such services.
This clarification is needed as the City will be sending out a "Call to Artists"
seeking artists to install/construct an art project under the Atlantic Avenue Bridge
at Veteran's Park. It is anticipated that the award will be based primarily on the
artist's proposed project and qualifications.
Our office requests that this item be placed on the March 6, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
Joe Safford, Finance Director
\M
ORDINANCE NO. 13-06
AN ORDINANCE OF THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 36, "FINANCE; CITI PROPERTI
TRANSACTIONS", OF THE CODE OF ORDINANCES OF
THE CITI OF DELRA Y BEACH, BY AMENDING
SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT
PERSONAL SERVICES CONTRACTS ARE EXEMPT FROM
THE REQUIREMENTS OF CHAPTER 36; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City has always adhered to purchasing procedures where the person, entity
or thing was purchased based on the lowest price or most qualified person/entity; and
WHEREAS, this process will not change, however, to clarify this process, personal services
contracts will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, it has long been held that contracts for personal services that involve a peculiar
skill or ability may not be required to be let by competitive bid, See, Ciry of Pensacola v. Kirby, 47 So.2d
533 (Fla. 1950).
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01,
"Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS.
(A) The details of all City purchasing shall be performed in accordance with the latest
current revision of a standard practice instruction as issued by the City Manager, and as this reflects
the requirements of the City Charter and the current revision of the City's Code. Personal Services
Contracts that involve a peculiar skill or abilit;y. such as. but not limited to. contracts for artistic
work. are dependent upon expertise. skill and experience. Personal Services Contracts are not
subject to the competitive bid requirements of this Chapter.
(B) The City Manager or his designee shall have the authority to execute on behalf of the
City, all purchase orders, contracts, change orders, service authorizations or modifications thereto
, .
when a public hearing, or approval, review, selection or award by the Commission is not requested
by this Chapter.
Section 2. That should any section or proVlslon 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 3. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD NO. 13-06
www.bocanews.com . Boca Raton/Delray Beach News - Friday/Saturday, March 10-11, 2006 37
100
ANNOUNCEMENTS
1(11 Legd! \otices
CITY OF DEUlAY BEACH,
FlOlUllA
NOfICE OF PIlBUC'HEARlNG
A PualIC HEARING wil be held on
1I1e following proposed Of<finance a1
7:00 pm, on TUESOAY. MARCH 21.
2006 or a1 any. continuatiOn of such
meeting which is $e1 by the
Commission), in 1110 Qty Commission
C_rs. 100 N.W, 1st A....... IJet.
"'I Beach. Aorida, at Which line the
City Commission will consider its
adoption. The proposed ordinance
may be inspected at the Office 01111e
City CIerI< at City Hal. 100 N,W. 1st
Avenue~ Oelray @:each, Florida, be,
tween !he hours 018:00 am. ard 5:00
p.m.. Monday through Friday, except
holidays. AIIlnlemsted patti.. are in-
IIiled 10 alIend and be heard with re-
spect 10 the ptoposed onlinance.
OIlDIHANCE NO. 1U6
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA. AMENDING
CHAPTER 36. 'FINANCE; CITY
PROPERTY TRANSACTIONS", OF
THE CODE OF ORDINANCES OF
THE CITY OF DELAAY BEACH, BY
AMENDING SECTION 36,01.
'COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS'. TO
PROVIDE THAT PERSONAL SER-
VICES CONTRACTS ARE EXEMPT
FROM THE .R.EQUIREMENTS OF
CHAPTER 36; PROVIDING A GEN'
ERAL REPEALER ClAUSE, A SAV-
ING ClAUSE. AND AN EFFECTIVE
OATE, '
Please be advised 1h1l if a perSon de-
cides t~ appeal any decision made by
tne City Commission wilh res~C1 to
any matte,- eonstdered at t~ hear-
ings. 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
do,s. not provide nor prepare such
recon:t Pursuant to FS.286.0105..
ClN OF DElAAY BEACH
Cheoelle D, Nu<>m
City Clerk
Publish: Friday. Mardl10, 2006
Boca 1laI<>nnleI"'I Beach News
Ad 1127306