14-83 ORDINANCE NO. 14-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING ARTICLE III, "PURCHASES", SECTION
2-34, "PROCEDURE WHEN LESS THAN $3,000.00", AND ENACTING
A NEW SECTION 2-34, "ACQUISITION OF PERSONAL PROPERTY,
SUPPLIES, OR CONTRACTUAL SERVICES", SETTING FORTH CON-
DITIONS AND PROCEDURES. FOR ACQUIRING PERSONAL
PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES; BY REPEAL-
ING SECTION 2-35, "PROCEDURE WHEN MORE THAN $3,000.00 AND
CONTEMPLATED IN BUDGET", AND ENACTING A NEW SECTION
2-35, "VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION
PRICE", SETTING FORTH CONDITIONS UPON WHICH THE PUR-
CHASING ADMINISTRATOR SHALL HAVE THE AUTHORITY TO
MAKE PURCHASES FOR PERSONAL PROPERTY, SUPPLIES OR
CONTRACTUAL SERVICES; AND BY REPEALING SECTION 2-36,
"PROCEDURE WHEN MORE THAN $3,000.00 NOT CONTEMPLATED IN
BUDGET", AND ENACTING A NEW SECTION 2-36, "ACQUISITION
OF REAL PROPERTY", AUTHORIZING CITY COUNCIL TO PUR-
CHASE REAL PROPERTY AT A PRICE AND UPON THE TERMS AND
CONDITIONS IT DEEMS TO BE IN THE BEST INTERESTS OF THE
CITY AND PROVIDING FOR A NOTICE THEREOF TO BE
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2-34, "Procedure when less than $3,000.00"; Section
2-35, "Procedure when more than $3,000.00 and contemplated in budget"; and Section
2-36, "Procedure when more than $3,000.00 not contemplated in budget" of the Code of
Ordinances of the City of Delray Beach, Florida shall be, and the same are, hereby
repealed.
Section 2. That a new Section 2-34, "Acquisition of personal propertT,
supplies, or contractual serwices", sb_-i] be, and the same is, hereby enacted to read as
follows:
Sec. 2-34. Acquisition of personal property,, supplies, or contractual services.
Whenever the City shall seek to acquire personal property, supplies or con-
tractual services, the following procedures shall be implemented by the Purchasing
Administrator.
(1) For acquisitions of personal property, supplies or contractual services
under one thousand dollars ($1,000.00), purchases may be made by the
Purchasing Administrator to the best competent vendor without the
necessity of formal sealed competitive bidding procedures or City Council
review.
(2) For acquisitions from one thousand dollars ($1,000.00) and less than six
thousand dollars ($6,000.00), purchases shall be made by the Purchasing
Administrator without City Council review only after the purchase has
been approved by the City Manager or his designee and after the Pur-
chasing Administrator has either:
(a) Solicited competitive bids/quotes, verbally or in writing, at the
Purchasing Administrator's discretion, from at least three (3)
different sources of supply, when available, and/or,
(b) Utilized a purchasing contract established by a local, state, or
federal governmental agency or cooperative purchasing group.
(3) For acquisitions of six thousand dollars ($6,000.00) and less than ten
thousand dollars ($10,000.00), purchases may be made by the Purchasing
Administrator to low bidder, subject to prior City Manager approval.
Where the proposed awarded bidder is not low bidder, the bids/quotes
shall go to City Council for review and award. Bids/Quotes sb_-ll be
secured in the manner prescribed in Sec. 2-34(5).
(4) For acquisitions of ten thousand dollars ($10,000.00) and up, purchases
shall be made by the Purchasing Administrator after City Council has
reviewed and awarded the bid/quote. Bids/Quotes shall be secured in
the manner prescribed in Sec. 2-34(5).
(5) Conditions for securing formal bids/quotes. The Purchasing Adminis-
trator shall either:
(a) Solicit competitive bids/quotes in a formal written manner from at
least three (3) different sources of supply when available and/or,
(b) Utilize a purchasing contract established by a local, state or federal
governmental agency or cooperative purchasing group.
Section 3. That Section 2-35, "Variances between the bid/quote and acquisi-
tion price", shall be, and the same is, hereby enacted to read as follows:
Sec. 2-35. Variances between the bid/quote and acquisition price.
The Purchasing Administrator shall have the authority to make purchases for
personal property, supplies or contractual services under Sec. 2-34 if the delivered
price does not either:
(a) Exceed ten percent (10%) or one thousand dollars ($1,000.00) 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 veri-
fication.
Section 4. That Section 2-36, "Acquisition of real property", shall be, and
the same is, hereby enacted to 'read as follows:
Sec. 2-36. Acquisition of real property.
Whenever, in the opinion of the City Council, it would be in the best interest
of the City to purchase certain real property which would be required for municipal
purposes, the City Council is authorized and empowered to make such purchase at the
price and upon the terms and conditions it deems to be in the best interests of the
City; Provided, however, before any purchase of real property shall be effected, a
notice of such purchase, setting forth the terms and conditions of any such purchase of
real property, shall be first published once a week for at least two weeks in a news-
paper of general circulation published in the City before adoption by the City Council
of a resolution authorizing the purchase of the property at the price and on the terms
and conditions set forth therein.
Section 5. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 6. 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.
2 ORD. NO. 14-83
Section 7. That this ordinance shall become effective immediately upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 12th day of April , 1983.
ATTEST:
k"ir~t Readin~ March 22 t 1983
Second Reading April I2, 1983
3 ORD. NO. 14-83