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33-93 ORDINANCE NO. 33-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SUBHEADING "CHANGE ORDERS AND CONTRACT MODIFICATIONS", SECTION 36.12, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION", SUBSECTION 36.12(B), AND SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS", TO PROVIDE THAT SERVICE AUTHORIZATIONS UNDER A CONTINUING CONTRACT WHICH REFER TO A SEPARATE AND DISTINCT PROJECT UNDER $10,000 MAY BE ENTERED INTO BY THE CITY MANAGER WITHOUT CITY COMMISSION REVIEW, ACCEPTANCE, APPROVAL OR SEPARATE AWARD; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has entered into various general continuing contracts for surveying services, engineering and other consulting services all as approved by the City Commission; and WHEREAS, the City from time to time authorizes service authorizations for separate and distinct projects under the previously awarded general continuing contracts; and WHEREAS, the City desires to amend its ordinances to provide that service authorizations issued pursuant to a continuing contract for separate and distinct projects which do not exceed $10,000 nor involve an extension of time do not require City Commission review, approval, acceptance or separate award. 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", Subheading "Change Orders and Contract Modifications", Section 36.12, "Change Orders or Contract Modifications; Nonconstruction", Subsection 36.12(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Where changes will increase the purchase order or contract total over $10,000, the Purchasing Director 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 does 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. Section 2. 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, Florida, is hereby amended by adding Subsection 36.13(C) to read as follows: (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. Section 3. 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 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of ~April , 1993. ATTEST: JCit~ -C~rk ! First Reading April 13, 1993 Second Reading April 27~ ~99~ - 2 - Ord. No. 33-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM $ /0 A - MEETING OF APRIL 27. 1993 ORDINANCE NO, 35-93 DATE: April 23, 1993 This is the second reading of an ordinance amending Chapter 36 of the City's code to provide that service authorizations issued under a continuing contract for a separate and distinct project which does not exceed $10,000 (or involve an extension of time) may be entered into by the City Manager without City Commission review, acceptance, approval or separate award. This ordinance addresses an issue raised by the Engineering Department concerning service authorizations issued under continuing contracts. In response, the City Attorney's office has drafted this ordinance for Commission consideration. At the April 13th regular meeting, Ordinance No. 33-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 33-93 on second and final reading. RECEIVED '£1TV DF DELRKIV BEIiIH """ CITY MANAoc~,.~ OFFICE Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: March 19, 1993 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Ordinance Which Gives Approval Authority to City Manager for Project Specific Service Authorizations Under Continuing Contracts Which Do not Exceed $10~000 This ordinance addresses issues raised by the Engineering Department concerning service authorizations issued under continuing contracts. The draft ordinance provides that service authorizations issued under a continuing contract for a separate and distinct project which does not exceed $10,000, or modifications thereto, which do not exceed $10,000 for the entire project (or involve an extension of time) do not require City Commission approval. By copy of this memorandum to David Harden, our office requests that this ordinance be placed on an agenda for City Commission approval. SAR:ci Attachment cc David Harden, City Manager William Greenwood, Director of Environmental Services Ralph Hayden, City Engineer Ted Glas, Director of Purchasing signc~, s~ ORDINANCE NO. 33-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SUBHEADING "CHANGE ORDERS AND CONTRACT MODIFICATIONS", SECTION 36.12, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION", SUBSECTION 36.12(B), AND SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS", TO PROVIDE THAT SERVICE AUTHORIZATIONS UNDER A CONTINUING CONTRACT WHICH REFER TO A SEPARATE AND DISTINCT PROJECT UNDER $10,000 MAY BE ENTERED INTO BY THE CITY MANAGER WITHOUT CITY COMMISSION REVIEW, ACCEPTANCE, APPROVAL OR SEPARATE AWARD; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has entered into various general continuing contracts for surveying services, engineering and other consulting services all as approved by the City Commission; and WHEREAS, the City from time to time authorizes service authorizations for separate and distinct projects under the previously awarded general continuing contracts; and WHEREAS, the City desires to amend its ordinances to provide that service authorizations issued pursuant to a continuing contract for separate and distinct projects which do not exceed $10,000 nor involve an extension of time do not require City Commission review, approval, acceptance or separate award. 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", Subheading "Change Orders and Contract Modifications", Section 36.12, "Change Orders or Contract Modifications; Nonconstruction", Subsection 36.12(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Where changes will increase the purchase order or contract total over $10,000, the Purchasing Director 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 Droject which does 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. Section 2. 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, Florida, is hereby amended by adding Subsection 36.13(C) to read as follows: (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. Section 3. 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 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 33-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~)~I SUBJECT: A~NDA ITEM # i~A - MEETING OF APRIL 13. 1993 ORDINANCE NO. 33-93 DATE: April 9, 1993 This is the first reading of an ordinance amending Chapter 36 of the City's code to provide that service authorizations issued under a continuing contract for a separate and distinct project which does not exceed $10,000 (or involve an extension of time) may be entered into by the City Manager without City Commission review, acceptance, approval or separate award. This ordinance addresses an issue raised by the Engineering Department concerning service authorizations issued under continuing contracts. In response, the City Attorney's office has drafted this ordinance for Commission consideration. Recommend approval of Ordinance No. 33-93 on first reading. A PU~LtC HEARING ~U be bekl '~ AN ORDINANCE OF THE C{TY · e M~ ~ ~ ~ MI~W ~ ~E Cl~ OF DELRAY RATON ~ DELRAY flEAGH~ DEERFIELD fl~ACfl ~ ~ ~kh ~ ~ ~ ~ ~ ~Cl~ ~D PRESEN~Y BOCA ~}, m T~y, ~ ~, ~ b ~ED CBD (CEN~L BUSINE~' Published Daily ~ my ~ e ~ ~ AND N,E. ~D STREET, M Monday--- --o--t'hrou~h Sunday ~ N.w. m A~, ~r,,'~ ~RE~; ~O ~ENOI~ Boca Baton, Palm Beach County, Florida ~, ~ ~, ~ ~ ,~,~ ~; ~,ov,o,K Delray Beach, Palm Beach County, Florida ~~~ ~v,~G ~us~. ~o ~, ~ ~ ~' TIVE ~TE. COUNTY OF PALM EEACH CMA~ER ~ ~I~E; OW ~1~ ~ , ~ ~ ~ BefoFe the undersigned authority personally T,~ ~.,~ ~ ~, ~ ~ ~ ~ ~, appeared Nancy Smith, Inside Sales Man- co~..UCT,O.t SU~E~,~ ,~~. ager of The News, daily newspapers pub- ~ ~OE. OR C~C. ~IFI~TIONS; C~RUCT~ CITY OF ~LRAY llshed in Boca Baton In Palm Beach County, C~CT~, TO ~V'~ T~T SERVICE AUT~[~TIO~ U~ Ci~ Florida; that the attachod copy of advertise- ~ ~ ~,~u~o ~o~ WHICM REFER TO A SEPA~ PUBL.~:~iI~i ~O O(STI~T PRO~ECT UgDER mentwaspublished in said newspapers la S~Y BE ENTERED INTO BY THE CITY ~R WI~T A~ the issues of: o. ~,~,0. ,a,a. ~. CE~A~E, APPR~ OR I$ ¢~U~, AND AN E~E~IVE ~ AN ORDIN~E OF THE ClW C~ MIMION OF THE Cl~ ~ DEL~AY BEACH, FLORI~ MENDI~ STAMDARO ~A~ICE INSTRUC- TI~, BY RELETTERI~ T~ Affiant further says that The News is a suK~,~{" .0 ~.u~,.~,~.0 ..a,~ ~ newspaper published In Boca Baton, in said ~NAGERCURIFI~TIO"oR HIsTHAT~SIGNEET~ CITY~, EXE~TE CERTAIN ~T~CTS Palm Beach County, Florida, Monday .~*RO,~ ~.~A~,s,.~ OF through Sunday, and has been entered as ~T~UAL SERVICES, ~E ORDERS, ~RViCE A~ second class matter at the post office in ~RIUTI~S AND ~F~ Boca Baton, Palm Beach County, Florida, H~RINGWHERE BY~ORDINA~EREvlEw, AWARD,A ~SE. for a period of one year next preceding the cj~LE~Nc~I~ '~ APPR~ALis ~TBY THERE. ~IRED; PROV~DI~ k ~VING first publication of the attached copy of cuusE, AND AN EFFECTIVE DATE. advertisoment; and affiant further says that he has neither paid nor promised any .0,0,~, ~ THE c,~ ~ person, firm or corporation any discount, ~,0, OF T.~ CITY ~ rebate, commission or refund for the put- TATi~CHAPTER PR~. ~ ~PECIAL '~PL~E~ ~D ~ELOPMEgT REGU~ pose of securing this advertisement for pub- ,,~s 0F ,.E c,~ OF lication in said newspapers. ,.,,,, ~TO~WA~R ~NAGE- ~ENT A~E~E~St AND ~Y ~NDI~ THE C~ OF OaPl- B~H, BY ~ENDt~  ~TORMWATER ~NAG~ENT l~ SE~ENT LIE~, BY REWlNG ~E SECTS~ ~T~ATER ~ SES~ENT LIE~ ~FORCE- MEN~, BY '~ENDING SE~I~ ~.~(A) TO PROVI~ FOR E~ FORCEMENT OF OELIN~ENT Sworn to and subscribed before me this ~.21, 'I~ERIM M~ ~ · ~ TrON ~ STO~WA~ER MENT A~E~ENTS UN~R THE TO PROVIDE F~ A' / ' PUELIC HEARING FOR THE PUR- ~ ~SE OF EST~Li~I~ ~ (Seal, Notary Public, State of Florida at large) ,.E PREPARAT,~, CERTIF,~ ~1~ AND A~ION OF a ARE ~T REQUIRED EXCE~ IN My Comm re ~ INSTANCES WHERE IT IS ~N~T- REN~ERING ~R~RSEC- . ' TIONS ~, ~, ~.~; PROVIDING uonaea lhru Ins Co. GENERAL VINGC~USE;R~EALERPROVIDiNG AC~SE; ' PROVIDING AN EFFECTIVE DATE.