Ord 23-06
ORDINANCE NO. 23-06
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
INVITATIONS TO NEGOTIATE 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, Invitations to
Negotiate will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, the Invitation to Negotiate process will be used when the City is seeking a
response which involves a novel approach or technological solution.
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 Dekay
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. except as set forth
in subsection (i) and (ii) below.
.(U 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 required by State law.
(
.(ii) Invitations to Negotiate. An Invitation to Negotiate is a process that may be
used by the City when it is seeking a response which involves a novel approach or technological
solution regarding the purchase of services and/or products. Invitations to Negotiate are not
subject to the competitive bid requirements of this Chapter. unless required 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 proV1S1on 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
d PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of ()1 0..(:) 2006.
~~ tA_
ATTEST:
~l~)~~
~ City Clerk
First Reading ~/ I ~ J:J~ In
f '
Second Reading ot;/ n~/ :;;J C'lC1 j"
2
ORD NO. 23-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ '6~ - REGULAR MEETING OF MAY 2,2006
ORDINANCE NO. 23-06
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances by amending Section 36.01,
"Compliance with Standard Practice Instructions", to provide that invitations to negotiate are exempt
from the requirements of Chapter 36.
At the first reading on April 18, 2006, the Commission passed Ordinance No. 23-06.
Recommend approval of Ordinance No. 23-06 on second and final reading.
S:\City Clerk\agenda mernos\Ord. No. 23-06 Invitations to Negotiate 050206
[ITY DF DELRAY BEA[H
01<
'~
CITY ATTORNEY'S OFFICE
~oo NW 1st AVE"lUE. DELRAY BEACH. FLORIDA 33444
TELEPHONE: .'if) 1/~-n-70l)() . FACSIMILE: .'if) 1/278-475.'i
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
MEMORANDUM
April 14, 2006
1993
2001
FROM:
City Commission
David Harden, ,Sitv Manager
~-~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Clarification of PurchasinQ Procedures ReQardinQ Invitations to
NeQotiate
The attached ordinance clarifies that Invitations to Negotiate, such as where the
City is seeking a response which involves a novel approach or technological
solution (Wifi umbrella over the downtown area), will not be awarded based on a
competitive bid process but will be awarded primarily based on the approach or
solution that is submitted in response to an invitation to negotiate.
This clarification is needed as the City will be sending out an "Invitation to
Negotiate" for the 'Wifi Umbrella over the Downtown Area" project. This item was
discussed at the April 11, 2006 Commission workshop meeting.
Our office requests that this item be placed on the April 18, 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
\~
ORDINANCE NO. 23-06
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 DELRAY BEACH, BY
AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT INVITATIONS
TO NEGOTIATE 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, Invitations to
Negotiate will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, the Invitation to Negotiate process will be used when the City is seeking a
response which involves a novel approach or technological solution.
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. except as
set forth in subsection (j) and (ii) below.
ill 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 required by State law.
@ Invitations to NeQotiate. An Invitation to Neaotiate is a process that mav be
used by the City when it is seekina a response which involves a novel approach or technoloaical
solution reaardinQ the purchase of services and/or products. Invitations to NeQotiate are not
subiect to the competitive bid reQuirements of this Chapter. unless reQuired 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 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.
.
I
ORDINANCE NO. 23-06
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 DELRAY BEACH, BY
AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT INVITATIONS
TO NEGOTIATE 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, Invitations to
Negotiate will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, the Invitation to Negotiate process will be used when the City is seeking a
response which involves a novel approach or technological solution.
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. except as
set forth in subsection (j) and (ii) below.
ill 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 required by State law.
!ill Invitations to Neaotiate. An Invitation to Neaotiate is a process that may be
used by the City when it is seekina a response which involves a novel approach or technoloaical
solution reqardinq the purchase of services and/or products. Invitations to Neaotiate are not
subiect to the competitive bid requirements of this Chapter. unless required by State law.
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!
.
.
(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 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.
8-3~6Y
O~~...
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WWW.bDcaneWS.CDm . BDca Raton/Delray Beach News - FridaylSaturday, April 21-22, 2006 37
100
ANNOUNCEMENTS
101 Legal r\otices
CITY OF DElRAY BEACH,
FLORIDA
NoncE Of PUBUC HEARING
A PUBlIC HEARING will lie hell on
lhe IoIIowing proposed onlinances at
7:00 p.m. on TUESDAY. MAY 2, 2006
lor at any continuation of such meet-
;09 whidl ~ set by the Coflllnbsionl, m
the C~V Commission Chamber.;, 100
NW 1st Avenue, Delroy BeaCh, flor.
ida, at whidl time the City Conm;ss;on
wilt considet their adoption. The pro-
posed ordinances may be inspected
al the OffICe of 1I1e Ciy Clerk al City
Hall, 100 N. W. 1 sl Avenue, D~'ay
Beach. florkla, between the hoofs 01
8:00 a.m. and- 5:00 p.m., Monday
through Friday, except holidays. All
interested parties are invttoo to attend
and be heard with respect to the pro-
posed ordinances.
ORDINANCE NO. 22-ll6
AN ORDINANCE Of THE CITY COM-
MISSION Of THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 101, "MUNICIPAl PARKS
BEACHES AND OTHER RECREA:
TIONAL SITES', OF THE CODE OF
ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING
SECTION 101.23, "CRIIIINAI. TRES-
PASS", TO CLARIFY THAT BUILD.
INGS SHAU INClUDE BUT NOT BE
LIMITED TO LiFEGUARD TOWERS:
PROVIDING A GENERAl REPEALER
CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
ORDINANCE NO._
AN QADINANCE OF THE CITY CoM:
MISSION OF THE CITY OF OElRAY
BEACH, FLORIDA, AMENDING
CHAPTER 36, 'FINANCE: CITY
PROPERTY TRANSACTIONS', OF
THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY
AM ENDING SECTION 36.01
'.COMPLlANCE WITH STANDARD
PRACTICE INSTRUCTIONS', TO
PROVIDE THAT INVITATIONS TO
NEGOTIATE ARE EXEMPT FROM
THE REQUIREMENTS Of CHAPTER
36: PROVIDING A GENERAL REl
PEALER CLAUSE" A SAVING
CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE NO. 24-ll6
AN ORDINANCE Of THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIOA, AMENDING
CHAPTER 35, 'EMPLOYEE POll.
CIES AND BENEFITS', SUBHEAD-
ING "RETIREME~'T Pl.'N' OF THI'
101 Legal
CODE OF ORDINANCES OF THE
CITY Of DElRAY BEACH. FLORIOA,
BY AMENDING SECTION 35097.
'RETIREMENT INCOME: BASIS.
AMOUNT AND PAYMENT", TO PRO-
VIDE FOR PAYMENT OF LUMP-SUM
DISTRIBUTIONS IN EXCESS 01'
SI,ooo.oo ONLY UPON THE WRIT-
TEN ELECTION OF A MEMBER OR
.DESIGNATED BENEFICIARY; PRO.
VIDING A GENERAL REPEALER
CLAUSE: A VALIOITY CLAUSE: AND
AN EFFECTIVE DATE.
ORDINANCE NO. 25-ll6
AN .ORDINANCE OF THECITY COM.
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 33, 'POLICE AND FIRE
DEPARTMENTS', SUBHEADING
'PENSIONS', OF THE CODE OF QA.
DINANCES OF THE CITY OF DEL.
RAY BEACH, FLORIDA, BY AMEND.
ING SECTION 33.62, "BENEFIT
AMOUNTS AND ELIGIBILITY", AND
SECTION 33.67 'OTHER PROVI.
SIONS', TO PROVIDE FOR PAY-
MENT OF LUMp.SUM DISTRIBU-
TIONS IN EXCESS OF SI,ooo.OO
ONLY UPON THE WRITTEN ELEC.
TION OF A MEMBER OR DESIG-
NATED BENEFICiARY: PROVIDING
A GENERAL REPEALER CLAUSE: A
SAVING CLAUSE: AND AN EFFEC-
TIVE DATE.
Please be advised that it a person de-
cides to appeal any decision made by
the City Commission. with respec1 10
any matter considered at these 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
does not - provide nor prepare such
record. Pursuan1lo F.S. 286.0105.
CITY OF DRRAY BEACH
ChewIIe O. Nubio
ClyCJ...
PUBLISH: Friday, Aplil21, 2006
Boca Raton" (De4r~y Beach News