Ord 17-00ORDINANCE NO. 17-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLOR/DA, AMENDING CHAPTER 36, "FINANCE;
CITY PROPERTY TRANSACTIONS", SUBHEADING "CITY
PURCHASING", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 36.02, "ACQUISITION
OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL
SERVICES"; BY AMENDING SECTION 36.03, "VARIANCES
BETWEEN THE BID/QUOTE AND ACQUISITION PRICE"; BY
AMENDING SECTION 36.05, "BIDDING PROCEDURES",
SUBSECTION (C); BY AMENDING SECTION 36.08, "EMERGENCY
PURCHASES"; AMENDING SUBHEADING "CHANGE ORDERS AND
CONTRACT MODIFICATIONS" BY AMENDING SECTION 36.12,
"CHANGE ORDERS OR CONTRACT MODIFICATIONS;
NONCONSTRUCTION"; BY AMENDING SECTION 36.13, "CHANGE
ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION
CONTRACTS", TO PROVIDE FOR A STREAMLINED PROCEDURE
FOR PURCHASES UNDER $1,000.00, TO ADD ELECTRONIC
BIDS/QUOTES FOR PURCHASES UNDER $6,000.00, TO PROVIDE
FOR CHANGES IN THE CITY'S PURCHASING LIMITS AND TO
CORRECT CERTAIN TITLES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dekay Beach desires to update the
Code of Ordinances regarding certain purchasing limitations and to reflect current rifles of persons
revolved in various aspects of the City's purchasing procedure; and
WHEREAS, the need to revise certain limits is appropriate and will partially adjust
for the impact of inflation since the original limits were adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLOR/DA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; C~ty Property Transacuons", Subheading
"City Purchasing", Section 36.02, "Acquisition of Personal Property, Supplies or Contractual
Services", of the Code of Ordinances of the C~ty of Dekay Beach is hereby amended to read as
follows:
Section 36.02 ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR
CONTRACTUAL SERVICES.
Whenever the C~ty shall seek to acquire personal property, supplies, or contractual
services, the following procedures shall be implemented ~y ~t. ~ ~ .... u ~:_ ~
............ ~ Of Sccr:
(A) For acquisitions of personal property, supplies, or contractual sex%ices costing
..... u ........ t. ......a~a t... h Lng
under $1,000.00, the Department Head or ~, ............ ;. = ......... ., the Purc as
Supervisor may'approve the acquisition and award the purchase to the best competent vendor
without Cit3' Manager or Commission rexdew. However, the Purchasing Officcr Supervisor or
Department Hcad will, insofar as it is practical, obtain two (2) quotations, either oral verbally,
electronically or in writing ----: -- for purchases be~,een e~ nn nn ..
~.._.tt,..., ,. ......$500.00 and $1,000.00. If a
purchase order is used, the Purchasing Superx4sor shall award and s~gn the purchase order·
(B) For acquisitions costing $1,000 or more, but less than $6,000.00, purchases may
lng
be awarded bv the Purchas
lng r~cz_~. /h ign
x~...,~_~8~ ........ ,.....o~':~ '~"°'8~''-''a~": ..... ,~.,~n after the Purchas ...... Supen4sor or Ins er des ee has either:
(1) Solicited competitive bids/quotes, verbally, electronically or in writing, from
at least three different sources of supply, when available; or
(2) Utilized a purchasing contract established by a local, state or federal
governmental agency or cooperative purchasing group.
(C) For acquisitions costing $6,000 or more, but less than ~n c~nn nn
~.~,, ...... $15,000.00,
purchases may be awarded by the Purchasing Officcr Supet5-isor to the low responsible bidder,
subject to Cit3' Manager approval. Where the proposed award is not to the loxv bidder, the
bids/quotes shall go to the City Commtssion for rexnew and award. Awards will be made only after
· c~:~^, his/her designee has either:
the Purchasing ...... Supevt-isor or
(1) Solicited competitive bids/quotes, in writing, from at least three different
sources of supply, when available; or
(2) Utilized a purchasing contract established by a local, state or federal
governmental agency or cooperative purchasing group.
(D) For acquisitions ,~c e~ n nnn
· ,, ~. ~,~,,~, $15,000 and up, purchases shall be made by the
Purchasing Of~ccr Supervisor after the Commission has reviewed and awarded the bid/quote.
Bids/quotes shall be secured in the maimer prescribed in subparagraph (E) of this section.
shall either:
(E) Condinons for securing formal bids/quotes. The Purchasing Offf. ccz Supervisor
(1) Solicit competittve bids/quotes in a formal written manner from at least
three different sources of supply when available; or
(2) Utilize a purchasing contract established by a local, state or federal
governmental agency or cooperative purchasing group.
Ord. No. 17-00
Section 2. That Chapter 36, "Finance; City. Property- Transactions", Subheading
"City Purchasing", Section 36.03, "Variances Between the Bid/Quote and Acquisition Price", of the
Code of Ordinances of the City of Delray Beach is hereby amended to read as follows:
Section 36.03 VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION
PRICE.
The Purchasing Adr-.2c.:.3traw. r Supervisor shall have the authority, to make purchases
for personal property, supphes, or contractual services under Section 36.02 if the delivered price
does not either:
(A) Exceed ten percent (10%) or $1,000, whichever is loxver, of the bid/quote price
of the awarded vendor; or
03) Does not exceed the next lowest bidder, subject to current price verification.
Section 3. That Chapter 36, "Finance; City Property Transactions", Subheading
"City Purchasing", Section 36.05, "Bidding Procedures", Subsection 36.05(C), of the Code of
Ordinances of the City of Delray Beach is hereby amended to read as follows:
Section 36.05 BIDDING PROCEDURES.
(C) One-price, cost-plus, and dollar amount bids. Invitations to bid shall define the
nature of the bid in terms of these categories as a one-price bid, a cost-plus bid, cost-plus ~xed fee
bid, or a dollar amount as it may be determined by a stated fomaula (but only one category shall be
defined in the invitation).
(1) In the case of a one-price bid, the xvhole cost to the City shall be inclusive of
all cost and expense elements as engineering, legal, or technical consultation fees, job-preparation
expense, insurance premiums, shipping charges, stand-by time, and the living or traveling expenses
of job personnel (although a detailed schedule of all costs and expenses shall not be required to be
disclosed in the case of a one-price bid), together with a schedule of proposed terms of payment and
any allowable discounts.
(2) A cost-plus, or any sliding scale, bid may be invited with the concerted
approval of the City Manager and the Director of Pub~2c Wc, rlza Environmental Serx4ces in the case
of a proposed project for which reasonable cost or expense estimates do not appear feasible (as m
the case of a project involving possible removal of m~mown quantities of concealed rock). Under
this circumstance, the bid shall set forth the total of all of the details of determinable costs and
expenses together with schedules of the variable cost elements as unit-costs, per them costs, and the
like, as are required by the bid invitation.
3 Ord. No. 17-00
Section 4. That Chapter 36, "Finance; Cig, Property Transactions", Subheading
"City Purchasing", Section 36.08, "Emergency Purchases", of the Code of Ordinances of the Cit-)' of
Delray Beach is hereby amended to read as follows:
Section 36.08 EMERGENCY PURCHASES.
The provisions of Section 36.02 notwithstanding, the Cig: Manager or his designee,
as specified in writing, shall have the authority to make certain emergency purchases only when the
health, safety, or general xvelfare of all or a significant specified poruon of the residents of the Ci~
are affected.
(A) The City. Manager shall institute written administrative procedures for the
proper execution of the emergency purchases by City administrative staff as set forth herein.
(t3) For emergency purchases which are not anticipated to exceed e,n~.,,,,,,~v.,,,,nnn nn
$15,000.00, the City Manager shall have the authority to waive the provisions set forth in Section
36.02 of this chapter, and shall subsequently so nonfy the City Commission of such emergency
purchase.
(C) For emergency purchases which are anticipated to exceed the sum of~¢~. n,,,,,,,,,.,,,~c~nn
$15,000.00, the C~ty Manager shall first endeavor to notify the Mayor for purposes of calling a
special emergency meeting of the Cig' Comtmssion to approve sa~d purchase in advance. If the City,
Manager determines that a quorum for such an emergent7 special City. Commission meeting cannot
be obtained, the City Manager shall have the authority to make such purchases provided that
..... 'l,.~ t..~. 't. ............ 4 ~-4 "J"-" the purchase shall be subsequently ratified by the City
Commission at the next regularly scheduled City Commission meeting.
(D) For purposes of this section, "EMERGENCY" shall mean a situation in which
the health, safety or general welfare of all the residents or a significant specified portion of the
residents of the City are affected or shall be irreparably harmed should the purchase occur through
the regular purchasing procedures set forth in Section 36.02 rather than th_tough the emergency
procedures set forth herein.
Section 5. That Chapter 36, "Finance; City Property Transactions", Subheading
"Change Orders and Contract Modifications", Section 36.12, "Change Orders or Contract
Modifications; Nonconstruction", of the Code of Ordinances of the City- of Delray Beach is hereby
amended to read as follows:
4 Ord. No. 17-00
Section 36.12 CHANGE ORDERS
NONCONSTRUCTION.
OR CONTRACT
MODIFICATIONS;
(A) All changes to nonconstmction purchase orders or contracts shah be by
issuance of a change order or contract modification. Except as otherwise provided in this
subchapter, the Purchasing Dizcctc, z Supervisor may issue, subject to approval by the City Manager
or his designee, change orders or contract modifications to correct errors, omissions or
discrepancies in contract documents; cover acceptable overruns and freight costs; incorporate
reclmrements to expand or reduce the scope of goods or services ordered; or to chrect other changes
in contract execution to meet unforeseen field, regulatoD, or market conditions, where changes will
not exceed e ~ n nnn
.v,vvu $15,ooo.
¢t n nnn
(13) Where changes will increase the purchase order or contract total over ~
$15,000, the Purchasing Dizccw. z Supervisor shall have the approval of the City Commassion. A
sen,ice authorization issued pursuant to a Cxty Commission approved continuing services contract
for a separate and distract project which does not exceed~e~n. v,,,.,~ann $15,000. for the particular project
may be approved by the City. Manager or his designee. Sen4ce authorizations for sepaxate and
chstinct projects xvhich exceed e~ n nnn
s.,,,,,,,~ $15,000 require City, Commission approval. Where changes
to a service authorizanon for a particular project are made which will increase the total cost of the
¢t n nno
particular project authorized by' the initial sen4ce authotizauon over ~.~,vv,, $15,000, or involve an
extension of time, the sen;ice authorization shah be approved by the CiD' Commission.
Section 6. That Chapter 36, "Finance; City Property Transactions", Subheading
"Change Orders and Contract Modifications", Section 36.13, "Change Orders or Contract
Modifications; Construction Contracts", of the Code of Ordinances of the City of Delray Beach is
hereby amended to read as follows:
Approval of construction contract change orders or contract modifications shall be
as follows:
(A) A change order or contract modification of ¢~ n nnn
~.~,~ $15,000 or less shall be
initiated by a Department Head and the City Engineer or outside engineer subject to City Manager
03) A change order or contract modification m an amount .... e~ n nnn
~,v~ ~...,.~.... $15,000, or
invoh-mg an extension of time, must have C~ty Commission approval. CiD: Commission approval is
!~quixed ~vhen the cumulative total of change orders or contract modifications exceed $15,000 for
any one contract.
5 Ord. No. 17-00
(C) A sen'ice authorization issued pursuant to a continuing contract for a separate
and distinct proj'ect which does not exceed,~.v,,,v,,e~n nnn $15,000 may be approved by the City Manager
or his designee. Sermce authorizations for separate and distinct projects which exceed~e~n, v,v,,,,nnn
$15,000 shall require CitT Commission approval. Where changes to a service authorization for a
particular project are made which xvill increase the total cost of the particular project authorized by
the initial service authorization over ~v,,,,,.~ $15,000, or revolve an extension of time, the service
authorizauon shall be approved by the City Commission.
Section 7. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or xvord be declared by a court of competent jurisdicfon 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 8. That all ordinances or parts of ordinances m conflict herexvith be, and
the same are hereby repealed.
Section 9. That this ordinance shall become effective immediately upon ~ts passage
on second and final reading.
PASSED AND ADOPTED m regular session on second and final reading on flus
the 19th day of September ,2000.
MAYOR
ATrEST:
cit . d -
First Reading September 7, 2000
Second Reading September 19, 2000
6 Ord. No. 17-00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM lO. ~, - REGULAR MEETING OF SEPTEMBER 19, 2000
ORDINANCE NO. 17-00 (CITY PURCHASING)
DATE: SEPTEMBER 15, 2000
This is second reading and a public hearing for Ordinance No. 17-00 which amends Chapter 36 of the
City Code relative to purchasing procedures. The changes are outlined in the attached memoranda
from the C~ty Attorney and the Finance Department.
At first reading on September 72, the City Commission passed the ordinance by a 4 to 0 vote.
Recommend approval of Ordinance No. 17-00 on second and final reading.
RefiAgrnemo21. Ord. 17 -00. Ch. 36. Purchasing
I:ITY OF DELRI:I¥ BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
1993
DATE:
August 26, 2000
MEMORANDUM
Writer's Direct Line 561/243-7091
TO:
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Ordinance Changes to Chapter 36 - City Purchasing
Attached is the revised proposed ordinance modifying the City's purchasing ordinance.
The proposed ordinance primarily provides for the following:
(1)
There are changes in the $1,000 or less purchasing category to allow for
purchasing card use.
(2)
There is an increase from $10,000 to $15,000 as the upper limit for
purchase approval by the City Manager. I believe the ordinance limits have
not changed since 1983. The ordinance, however, retains the provision of
City Commission approval if the award is not to the lowest bidder.
(3) The ordinance updates certain personnel titles.
(4)
The ordinance provides for electronic responses for acquisitions up to
$6,00O.
If the ordinance is acceptable to you, please place on an upcoming City Commission
agenda. Please call if you have any questions.
Attachment
CCi
Alison MacGregor Harty, City Clerk
Joseph Safford, Finance Director
Milena Walinski, Assistant Finance Director
Jackie Rooney, Purchasing Supervisor
MEMORANDUM
To:
From:
Date:
Subject:
David Harden, City Manager
/~Milena Walinski CGFO, Acting Finance Director
July 19, 2000
Recommended Changes to Purchasing Limits
Changes are being recommended to existing purchasing limits to ease the administrative burden on
departments and also to increase the threshold for competitive bids from $10,000 to $15,000, which will
bring competitive bid limits in line with FS 287.057. Although the State has a higher threshold for
construction and associated design services, I do not feel the City would benefit from that change. Please
review the requested changes.
Purchases from $1 to $1,000
No quotes required. Department Head must approve.
Department will make every attempt to receive two (2) quotes, verbal, electronic or written for items
over $500.
Use of Purchasing Card when appropriate.
Purchases awarded by n .................... .1~'
Purchases from $1,001 to $5,999
Three (3) quotes, verbal, electronic or written required, or, utilize contract by local, State, Federal
agency or cooperative purchasing group.
Purchases awarded by Purchasing Supervisor.
Purchases from $6,000 to $14,999
Three (3) written quotes or utilize contract by local, State, Federal agency or cooperative purchasing
group.
Award to lowest responsible and responsive bidder.
Requires City Manager approval.
Purchase over $15,000
Formal competitive bid/quote
Requires City Commission approval
As a note, if Ordinance No. 36 is changed, please update title changes from Purchasing Officer and
Purchasing Administrator to Purchasing Supervisor.
mlw
Doc: purch limit chg
C: Joseph M. Safford, Finance Director
Jackie Rooney, Purchasing Supervisor
/o7.
lO0
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~/CITY MANAGER
AGENDA ITEM/o7. Z), - REGULAR MEETING OF JULY 25, 2000
ORDINANCE NO. 17-00 (CHANGES TO PURCHASING LIMITS)
DATE: JULY 21, 2000
This is first reading for Ordinance No. 17-00 which amends Chapter 36, "Finance; City Property
Transactions", Subheading "City Purchasing", of the City Code by amending Section 36.02,
"Acquisition of Personal Property, Supplies or Contractual Services", with respect to purchasing
limits as outlined in the attached memorandum from the Acung Finance Director.
As a housekeeping item, the ordinance also amends the entire chapter to reflect the correct position
tide of "Purchasing Supervisor" as opposed to Purchasing Officer, Admimstrator or Director.
If the ordinance is passed on first reading, a public hearing will be scheduled for August 15, 2000.
Recommend approval of Ordinance No. 17-00 on first reading.
RefiAgmemo21.Ord.17-00 Ch.36.Purchasmg
MEMORANDUM
From:
Date:
Subject:
David Harden, City Manager
Milena Walinski CGFO, Acting Finance Director
July 19, 2000
Recommended Changes to Purchasing Limits
Changes are being recommended to existing purchasing limits to ease the adminislrative burden on
departments and also to increase the threshold for competitive bids from $10,000 to $15,000, which will
bring competitive bid limits in line with FS 28?.057. Although the State has a higher threshold for
construction and associated design services, I do not feel the City would benefit from that change. Please
review the requested changes.
Purchases from $1 to $1,000
No quotes required. Department Head must approve.
Department will make every attempt to receive two (2) quotes, verbal, electronic or written for items
over $500.
Use of Purchasing Card when appropriate.
Purchases awarded by Purchasing Supervisor.
Purchases from $1,001 to $5,999
Three (3) quotes, verbal, electronic or written required, or, utilize contract by local, State, Federal
agency or cooperative purchasing group.
Purchases awarded by Purchasing Supervisor.
Purchases from $6,000 to $14,999
Three (3) written quotes or utilize contract by local, State, Federal agency or cooperative purchasing
group.
Award to lowest responsible and responsive bidder.
Requires City Manager approval.
Purchase over $15,000
Formal competitive bid/quote
Requires City Commission approval
As a note, if Ordinance No. 36 is changed, please update title changes from Purchasing Officer and
Purchasing Administrator to Purchasing Supervisor.
mlw
Doc: pm'ch limit chg
C: Joseph M. Safford, Finance Director
Jackie Rooney, Purchasing Supervisor
ORDINANCE NO. 17-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE;
CITY PROPERTY TRANSACTIONS", SUBHEADING "CITY
PURCHASING", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 36.02, "ACQUISITION
OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL
SERVICES", TO MODIFY EXISTING PURCHASING LIMITS AND TO
INCREASE THE THRESHOLD FOR COMPETITIVE BIDS IN
ACCORDANCE WITH STATE STATUTES; AND AMENDING THE
ENTIRE SUBHEADING BY CHANGING THE TITLES OF
"PURCHASING OFFICER" AND/OR "PURCHASING
ADMINISTRATOR" TO "PURCHASING SUPERVISOR" TO REFLECT
THE CORRECT POSITION TITLE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the C~ty regulates it's purchasing policies and procedures through
Chapter 36, "Finance; City Property Transactions", Subheading "City Purchasing", of the Code of
Ordinances of the City of De[ray Beach; and
WHEREAS, the City w/shes to make certain changes to the ordinance with respect
to purchasing limits and increasing the threshold for competitive bids in accordance with state
statutes, as xvell as other changes of a housekeeping nature.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOI J,OWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Subheading
"C~ty Purchasing", Section 36.02, "Acquisition of Personal Property, Supplies or Contractual
Services", of the Code of Ordmances of the C~ty of De[ray Beach be, and the same is hereby
amended to read as follows:
Section 36.02 ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR
CONTRACTUAL SERVICES.
Whenever the City shall seek to acquire personal property, supplies, or contractual
services, the following procedures shall be implemented by the Purchasing Officcr Supervisor:
(A) For acquisitions of personal property, supplies, or contractual services costing
under $1,000.00, purchases may be awarded by the Purchasing Officcz Supervisor to the best
competent vendor xmthout City Manager or Commission review. However, the Purchasing Of~ccz
Supervisor or Department Head wRl, insofar as it is practical, obtain two (2) quotations, either oral
or xvritten, for purchases between $100.00 and $1,000.00.
03) For acquisitions costing $1,000 or more, but less than $6,000.00, purchases may
be awarded by the Purchasing Officcz Supervisor after the purchase has been approved by the City
Manager or his designee and after the Purchasing O£ficcr Supervisor or his designee has either:
(1) Sohcited competitive bids/quotes, verbally, electronically or in xvritmg, from
at least three different sources of supply, when available; or
(2) Ut~h:~ed a purchasing contract established by a local, state or federal
governmental agency or cooperative purchasing group.
(C) For acquisitions costing $6,000 or more, but less than ¢~t~ nnn
~,.,,,,,,,,~ $15,000.00,
purchases may be awarded by the Purchasing Officer Supervisor to the low responsible b~dder,
subject to City Manager approval. Where the proposed award ~s not to the Iow bidder, the
bids/quotes shall go to the City Commissmn for review and award. Awards will be made only after
the Purchasing Officer Supervisor or bas designee has either:
(1) Sohcited competitive bids/quotes, in writing, from at least three different
sources of supply, when available; or
(2) Utilized a purchasing contract established by a local, state or federal
governmental agency or cooperattve purchasing group.
(12)) For acquisitions ,,c e~ n nnn
· ~, ~,,,,v,,,, $15,000 and up, purchases shall be made by the
O ..... Supervisor after the Commission has reviewed and awarded the bid/quote.
Purchasing cc.___
Bids/quotes shall be secured in the manner prescribed m subparagraph (E) of this secuon.
(E) Conditions for securing formal bids/quotes. The Purchasing Officer Supervisor
shall either:
(1) Solicit competitive bids/quotes in a formal written manner from at least
three different sources of supply when available; or
(2) Utiliv. e a purchasing contract established by a local, state or federal
governmental agency or cooperative purchasing group.
Section 2. That Chapter 36, "Finance; City Property Transactions", Subheading
"C~ty Purchasing", Section 36.03, "Variances Between the B~d/Quote and Acquisition Price", of the
Code of Ordinances of the City of De[ray Beach be, and the same is hereby amended to read as
follows:
- 2 -
Ord. No. 17-00
Section 36.03 VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION
PRICE.
Purchasing ............ Supervisor shall have the authority to make purchases
for personal property, supplies, or contractual services under Section 36.02 ~f the dehvered price
does not either:
(A) Exceed ten percent (10%) or $1,000, whichever is lower, of the bid/quote price
of the awarded vendor; or
03) Does not exceed the next lowest bidder, subject to current price verification.
Section 3. That Chapter 36, "Finance; City Property Transactions", Subheading
"Change Orders and Contract Modificanons", Section 36.12, "Change Orders or Contract
Modifications; Nonconstruction", of the Code of Ordinances of the City of Delray Beach be, and
the same is hereby amended to read as follows:
Section 36.12 CHANGE
NONCONSTRUCTION.
ORDERS OR CONTRACT
MODIFICATIONS;
(A) All changes to nonconstruction purchase orders or contracts shall be by
issuance of a change order or contract modification. Except as otherxvise provided in this
subchapter, the Purchasing D/rcctc, r Supervisor may issue, subject to approval by the City Manager
or his designee, change orders or contract modifications to correct errors, omissions or
discrepancies in contract documents; cover acceptable overruns and freight costs; incorporate
requirements to expand or reduce the scope of goods or services ordered; or to dtrect other changes
in contract execution to meet unforeseen field, regulatory or market conditions, where changes will
not exceed $10,000.
03) Where changes will increase the purchase order or contract total over $10,000,
the Purchasing D:~rcctc, z Supervisor shall have the approval of the City Commission. A service
authorization issued pursuant to a City Commission approved continuing services contract for a
separate and distract project which does not exceed $10,000 for the particular project may be
approved by the C~ty Manager or his designee. Service authorizations for separate and distract
proiects which exceed $10,000 require City Commission approval. Where changes to a service
authorization for a particular project are made wl~ch will increase the total cost of the parttcular
project authorized by the in/rial service authorization over $10,000, or involve an extension of nme,
the service authorizanon shall be approved by the City Commission.
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 vahdity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
- 3 - Ord. N0.17-00
Section 5. That all ordinances or parts of ordinances in confhct herewith be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ., 2000.
ATTEST:
MAYOR
City Clerk
Fzrst Reading
Second Reading
- 4 -
Ord. No. 17-00
Chapter 36
CHAPTER 36: FINANCE: CITY PROPERE"f TRANSACTIONS
Section
City Purchasi~g
36.0!
36.02-
36.03
36.04
36.05
36.06
36.07
36.08
Compliance with standard practice instructions
Acquisition of personal property, supplies or
contractual services
Variances between the bid/quote and acquisition price
Acquisition of real property
Bidding procedures
Competency in bidding; prequalification of bidders
Discard of bid of incompetent bidder
Emergency purchases
Chanqe Orders and Contract Modifications
36.10
36.!1
36. 12
36.13
36.14
Purpose
Definitions
Change orders or contract modifications;
nonconstruction
Change orders or contract modifications;
construction contracts
Internal procedures and processes
Contracts for Professional Servio~s
36.!5 State law adopted by reference
Debarment or Suspension of Vendors and Contractors
36.29
36.30
36.31
36.32
Purpose
Authority to debar or suspend
Appeals and remedies
Reinstatement
Sale. Exchanae. or Lease of City Property
36.35 Sale, exchange, or lease of real property
36.36 Sale or lease of personal property
III.143
Section 36.01
CIT~ PURCHASING
Section ~,O~ 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.
(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 required by this chapter.
('80 Code, Sec. 2-33; Am. Ord. No. 34-93, passed 4/27/93)
S~ction 36.02 ACOUISITION OF PERSONAL PROPERTY. SUPPLIES OR
CONTRACTUAL SERVICES.
Whenever the city shall seek to acquire personal property,
supplies, or contractual services, the following procedures shall
be implemented by the Purchasing ~:
(A) For acquisitions of personal property, supplies, or
contractual services costing_ und~er $1,000, purchases may be
awarded by the Purchasing ~to the best competent vendor
without City ~nager or Commission review. However, the
Purchasing ~ or Department Head will, insofar as it is
practical, obtain two (2) quotations, either oral or written, for
purchases between $100 and $1,000.
(B) For acquisitions costing 81,000 or more, but less than
$6,000, purchases may be awarded by the Purchasing~r after
the purchase has been approved by the City ManagerTM or his
designee and after the Purchasing ~r or his designee has
either: ~
(1) Solicited competitive bids/quotes, verbally or in
writing, from at least three different sources of supply, when
available; or
(2) Utilized a purchasing contract established by a
local, state or federal governmental agency or cooperative
purchasing group.
III.144
Section 36.02(C)
000 (C) For acquisitions costing $6,000 or more, but less/~han
~ purchases may be awarded by the Purchasing ~f-f-i~er to
the low responsible bidder, subject to City Manager approval.
Where the proposed award is not to the low bidder, the
bids/quotes shall go to the City Commission for review and award.
Awards will be made only after the Purchasing ~ or his
designee has either: ~¢£~i~
.(1) Solicited competitive bids/quotes, in writing,
from at least three different sources of supply, when available;
or
(2) Utilized a purchasing contract established by a
local, state or federal governmental agency or cooperative
purchasing group. $~D~¢0~$0~
i~n /fi;co o
(D) For acquisit s of $i0,000 and up, purchases shall be
made by the Purchasing ~-i~e~ after the Commission has reviewed
and awarded the bid/quote. Bids/quotes shall be secured in the
manner prescribed in division (E) of this section.
(E) Colons for securing formal bids/quotes. The
Purchasing ~ shall either:
~ 1) Solicit competitive bids/quotes in a formal
written manner from at least three different sources of supply
when available; or
(2) Utilize a purchasing contract established by a
local, state or federal governmental agency or coopgrative
purchasing group.
('80 Code, Sec. 2-34) (Ord. No. 14-83, passed 4/12/83; Am. Ord.
No. 6-91, passed 1/29/91)
Section 36.03 VARIANCES BETWEEN THE BID/QUQTE AND ACOUISITION
PRICE.
The Purchasing A~minictr&t~r shall have the authority to
make purchases for personal property, supplies, or contractual
services under Sec. 36.02 if the delivered price does not either:
(A) Exceed ten percent (10%) or $1,000, whichever is lower,
of the bid/quote price of the awarded vendor; or
(B) Does not exceed the next lowest bidder, subject to
current price verification.
('80 Code, Sec. 2-35) (Ord. No. 14-83, passed 4/12/83)
III. 145
" ~ Section 36.04
Section 36.04 ACOUISITION OF P~AL ~ROPERTY,
Whenever, in the opinion of the City Commission, it would be
in the best interest of the city to purchase certain real
property which would be required for municipal purposes, the
Commission is authorized and empowered to make that purchase at
the price and upon the terms and.conditions it deems to be in the
best interest of the city. Unless the city has authorized the
use of its eminent domain powers for the purchase of real
property, a notice of that purchase, setting forth the terms and
conditions' of any purchase of real property, shall be first
published once a week for at least two weeks in a newspaper of
general circulation published in the city before adoption by the
Commission of a resolution authorizing the purchase of the
property at the price and on the terms and conditions set forth
therein.
('80 Code, Sec. 2-36) (Ord. No. 14-83, passed 4/12/83; Am. Ord.
No. 11-91, passed 2/12/91)
Section 36.05 BIDDING PROCEDURES,
(A) Specifications. In the case of sealed competitive
bidding for any purchase of, or to cover any contract for, the
acquisition of goods, services, or structures, and regardless of
the anticipated whole cost, the city shall furnish to each bidder
a uniformly equal description, specification, or plan, together
with specifically stated alternatives thereto, which will cover
all aspects of type, kind, character, quality, or quantity of,
and the maximum allowable time for the delivery of the goods, or
the completion of the contract for which bids are invited.
Furthermore, in the case that emergency requirements may render
time, as such, to be of the essence of the contract, those
original specifications (available to all bidders) shall contain
a formula which evaluates time in terms of dollars per calendar
day or fraction thereof, which may be properly used in effecting
a determination of the lowest competent bidder, and which shall
be the basis for the calculation of any penalties to be assessed
against the contractor in a final settlement for his failure to
meet the previously established completion time schedule. Where
possible, specifications shall be those in general use in an
appropriate trade or industry, and shall be referred to by name
and title (as in the case of the standardized specifications
issued by the American Society for Testing Materials).
(B) Deposits, penalty bonds. Bidders may be required to
make those deposits as may be deemed requisite to cover the cost
of any plans or specifications; these deposits being redeemable
upon application of the bidder when the plans and specifications
are returned in acceptable order. Bidders may also be required
to post penalty bonds as may be deemed necessary to protect the
city fully in an eventuality as the inability of the vendor or
contractor properly to fulfill the terms of the purchase order or
contract for any and every reason.
III.146
.- .- Section 36.05(C)
(C) One-price, cost-plus, and dollar amount bids.
Invitations to bid shall define the nature of the bid in terms of
these categories as a one-price bid, a cost-plus bid, cost-plus
fixed fee bid, or a dollar amount as it may be determined by a
stated formula (but only one category shall be defined in the
invitation).
(1) In the case of a one-price bid, the whole cost to
the city shall be inclusive of all cost and expense elements as
engineering, legal, or technical consultation fees,
job-preparation expense, insurance premiums, shipping charges,
stand-by time, and the living or traveling expenses of job
personnel (although a detailed schedule of all costs and expenses
shall not be required to be disclosed in the case of a one-price
bid), together with a schedule of proposed terms of payment and
any allowable discounts.
(2) A cost-plus, or any sliding scale, bid may be
invited with the concerted approval of the City Manager and the
Director of Public Works in the case of a proposed project for
which reasonable cost or expense estimates do not appear feasible
(as in the case of a project involving possible removal of
unknown quantities of concealed rock). Under this circumstance,
the bid shall set forth the total of all of the details of
determinable costs and expenses together with schedules of the
variable cost elements as unit-costs, per diem costs, and the
like, as are required by the bid invitation.
('80 Code, Sec. 2-37)
Section 36.06 COMPETENCY IN BIDDING:
PREOUALIFICATION OF
(A) Competency in bidding is defined as being able properly
to demonstrate trade or industry proficiency, standing, and
qualifications, and the financial ability to deliver the goods or
to complete the contract as executed, together with the
submission of a bid which, in every respect, fully meets and
complies with the terms, conditions, and specifications, or
stated alternatives thereto, which were made a part of, or which
are inherent in, the invitation to bid.
(B) The City of Delray Beach may require prequalification
of bidders on City construction projects.
('80 Code, Sec. 2-38) (Am. Or4. No. 25-94, passed 5/3/94)
III.147
.- Section 36.07
Section 36.07 DISCARD OF BID OF INCOMPETENT BIDDER.
Failure of any bidder to comply fully with the provisions of
Sec. 36.06, or any of this subchapter, may result in the discard
of his bid from any comparison or consideration in the
contemplated purchase or contract.
('80 Code, Sec. 2-39)
Section 36.08 EMERGENCY PURCHASES.
The provisions of Sec. 36.02 notwithstanding, the City
Manager or his designee, as specified in writing, shall have the
authority to make certain emergency purchases only when the
health, safety, or general welfare of all or a significant
specified portion of the residents of the city are affected.
(A) The City Manager shall institute written administrative
procedures for the proper execution of the emergency purchases by
city administrative staff as set forth herein.
(B) For emergency purchases which are not anticipated to
exceed $10,000, the City Manager shall have the authority to
waive the provisions set forth in Sec. 36.02 of this code, and
shall subsequently so notify the City Commission of such
emergency purchase.
(C) For emergency purchases which are anticipated to exceed
the sum of $10,000, the City Manager shall first endeavor to
notify the Mayor for purposes of calling a special emergency
meeting of the City Commission to approve said purchase in
advance. If the City Manager determines that a quorum for such
an emergency special City Commission meeting cannot be obtained,
the City Manager shall have the authority to make such purchases
provided that the City Manager notifies the City Commission both
verbally and in writing within 24 hours after the purchase has
been executed, and that the purchase shall be subsequently
ratified by the City Commission at the next regularly scheduled
City Commission meeting.
(D) For purposes of this section, "~uF~IQ~" shall mean a
situation in which the health, safety, or general welfare of all
the residents, or a significant specified portion of the
residents, of the city are affected or shall be irreparably
harmed should the purchase occur through the regular purchasing
procedures set forth in Sec. 36.02, rather than through the
emergency procedures set forth herein.
(Ord. No. 155-88, passed 12/13/88)
III.148
Section 36.10
CHANGE ORDERS AND CONTRACT MODIFICATIONS
Section 36.10 PURPOSE.
The purpose of this ,subchapter is to establish
responsibilities and to implement procedures to be followed when
change orders are needed to purchase orders and/or modifications
are needed to contracts.
(Ord. No. 76-89, passed 12/12/89)
~ection 36.11 DEFINITIONS,
For the purpose of this subchapter, the following
definitions shall apply unless the context clearly indicates or
requires a different meaning.
"CHANGE ORDER." A written order or agreement signed and
issued by the city, directing the vendor or contractor to make
changes to the purchase of supplies, equipment, services or
construction.
"QONTRACT MODIFICATIQN," Any written alteration in
specifications, delivery point, rate of delivery, period of
performance, price, quantity, or other provisions of any contract
accomplished by mutual action of the parties to the contract.
(Ord. No. 76-89, passed 12/12/89)
~.ection 36.12 CHANGE ORDERS OR CONTRACT MODIFICATIONS:
NONCONSTRUCTION. ~¢0~o~
(A) All changesf to nonconstruction purchase orders or
contracts shall be b~issuance of a change order or contract
modification. Except/as otherwise provided in this subchapter,
the Purchasing Di~=u~o~ may issue, subject to approval of the
City Manager or his designee, change orders or contract
modifications to correct errors, omissions, or discrepancies in
contract documents; cover acceptable overruns and freight costs;
incorporate requirements to expend or reduce the scope of goods
or services ordered; or to direct other changes in contract
execution to meet unforeseen field, regulatory or market
conditions, where changes will not exceed $10,000.
III. 149
Section 36.12(B)
(g) Where changes will increase the purchase order or
contract total over $10,000, the Purchasing Dir~tor shall have
the approval of the City Commission. A service authorization
issued pursuant to a City Commission approved continuing services
contract for a separate and distinct project which aces not
exceed $10,000 for the particular project may be approved by the
City Manager or his designee. Service authorizations for
separate and distinct projects which exceed $10,000 require City
Commission approval. Where changes to a service authorization
for a particular project are made which will increase the total
cost of the particular project authorized by the initial service
authorization over $10,000, or involve an extension of time, the
service authorization shall be approved by the City Commission.
(Ord. No. 76-89, passed 12/12/891 Am. Ord. No. 33-93, passed
4/27/93)
Section 36.13 CHANGE
CONSTRUCTION CONTRACTS.
ORDERS OR CONTRACT
MODIFICATIONS:
Approval of construction contract change orders or contract
modifications shall be as follows:
(A) A change order or contract modification of $10,000 or
less shall be initiated by a department head and the City
Engineer or outside engineer subject to City Manager or his
designee's approval. City Commission approval is required when
the cumulative total of change orders or contract modifications
exceed $10,000 for any one contract.
(B) A change order or contract modification in an amount
over $10,000, or involving an extension of time, must have City
Commission approval.
(C) A service authorization issued pursuant to a continuing
contract for a separate and distinct project which does not
exceed $10,000, may be approved by the City Manager or his
designee. Service authorizations for separate and distinct
projects which exceed $10,000 shall require City Commission
approval. Where changes to a service authorization for a
particular project are made which will increase the total cost of
the particular project authorized by the initial service
authorization over $10,000, or involve an extension of time, the
service authorization shall be approved by the City Commission.
(Ord. No. 76-89, passed 12/12/89; Am. Ord. No. 33-93, passed
4/27/93)
III.150