Res 86-94 RESOLUTION NO. 86-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO.
22-92H AND ENACTING A NEW RESOLUTION NO. 22-92H
RELATING TO EMERGENCY PROCUREMENT PROCEDURES AND
SUSPENSION OF CERTAIN CITY CODES RELATING TO
PURCHASING AND PROCUREMENT DURING EMERGENCIES, TO
PROVIDE FOR PROCEDURES, GUIDELINES AND LIMITATIONS
FOR THE ACQUISITION OF GOODS, MATERIALS, EQUIPMENT
AND SERVICES AS MAY BE REQUIRED DURING AND AFTER AN
EMERGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, adopted Ordinance No. 7-92 which is codified as Chapter 95,
"Emergency Management", of the Code of Ordinances of the City of
Delray Beach, and Resolution No. 22-92 which incorporated a standard
proclamation declaring a state of emergency and Exhibits A through H
to activate certain emergency plans and procedures, on February 11,
1992; and
WHEREAS, Exhibit H to Resolution No. 22-92 provides for the
suspension of local ordinances, rules and regulations relating to
purchasing and procurement, but does not set forth with specificity
the procedures, guidelines and limitations for the suspension of
purchasing and procurement ordinances, rules and regulations; and
WHEREAS, the City Commission desires to amend Resolution No.
22-92H to provide for procedures, guidelines and limitations regarding
the suspension of purchasing and procurement ordinances, rules and
regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That Exhibit H to Resolution No. 22-92 is hereby
repealed and a new Exhibit H is hereby enacted to read as set forth in
the attachment hereto.
~ That Exhibit H to Resolution No. 22-92, which is
attached hereto and incorporated herein, is hereby approved for use
when needed pursuant to Chapter 95 of the Code of Ordinances of the
City of Delray Beach, Florida, subject to modifications as may be
required under the circumstances of the emergency.
Section $, That Exhibit H to Resolution No. 22-92 shall
take effect immediately upon adoption of this resolution.
PASSED AND ADOPTED in regular session on this the 1st day of
November, 1994.
ATTEST:
Jcity- C~erk
- 2 - Res. No. 86-94
RESOLUTION NO. H
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY; AUTHORIZING EMERGENCY PURCHASING AND
PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN CITY
CODES, RULES AND REGULATIONS RELATING TO PURCHASING
AND PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR
THIRTY (30) DAYS AND AUTOMATICALLY RENEWED EVERY
THIRTY (30) DAYS UNTIL FURTHER ACTION BY THE CITY
COMMISSION.
WHEREAS, a State of Emergency in the City of Delray Beach
was proclaimed by on
due to ; and
WHEREAS, has caused extensive damage to
public and private property within the City of Delray Beach; and
WHEREAS, the expeditious restoration of property to
pre-existing conditions is vital to enable the re-establishment of
public activity; and
WHEREAS, adherence to certain local ordinances, rules and
regulations establishing purchasing and procurement procedures can
delay the process of restoring public facilities to conditions
existing prior to the emergency; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the enactment of emergency procurement
procedures during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ The recitals and findings contained in the
preamble to this resolution are hereby adopted by reference thereto
and incorporated herein, as if fully set forth in this section.
~ A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 3. has caused damage to
numerous properties, rendering them unsafe or marginally habitable.
~_~ The emergency has caused disruption and damage
to roads, streets and other public facilities and thoroughfares.
~ It is necessary to eliminate immediate threats
to the life, health and safety of residents and employees and
eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community.
Section 6 A valid public emergency exists justifying the
waiver of formal competitive sealed bids and competitive selection
procedures for the acquisition of such services, equipment, goods
and/or materials as may be required for burden relief and disaster
assistance.
Section 7. By an affirmative vote of 4/5ths of the members
of the City Commission, formal competitive sealed bid procedures for
the procurement of services, equipment, goods and/or materials for the
purpose of eliminating immediate threats to the life, health and
safety of residents and employees and to eliminate immediate threats
to undamaged property, as well as ensure economic recovery to the City
and the community, are hereby waived.
~_~ The City Manager is hereby authorized to utilize
City forces to participate in the burden, relief and disaster
assistance as may be required.
~ The City Manager is hereby authorized to accept
the most reasonable, responsive and responsible bid or quote (for
necessary improvements, services, equipment, goods and/or materials
associated with said burden relief and disaster assistance and to
execute the necessary purchase order(s), agreements, service
authorizations, or change orders in a form acceptable to the City
Attorney.
Section 10. The City Commission hereby ratifies, approves
and confirms the City Manager's previous expenditure of monies for
contracts and awards in conjunction with the burden relief and
disaster.assistance.
Section 11. The City Manager is hereby authorized to
execute agreement(s), service authorization(s), change order(s) and/or
purchase orders for acquisition of such services, equipment, goods
and/or materials, as may be required for burden relief and disaster
assistance.
-2- Res. No. H
Section 12. The City Manager is hereby permitted to proceed
without express City Commission approval, execution of such purchase
orders, contracts, service authorizations, change orders, and
agreements and in his expenditures of monies for the aforesaid, in
conjunction with said burden relief and disaster assistance where such
expenditure of monies for any contract and/or award in connection
therewith, does not exceed $150,000.00.
$~ction 13. The City Manager is instructed to submit to
each City Commissioner a copy of each contract, agreement, purchase
order, service authorization, or change order issued pursuant to this
resolution on the same day said contract or purchase order is executed
by him.
Section 14. The emergency renders it necessary to suspend
local ordinances, rules and regulations dealing with purchasing and
procurement.
$~ction 15. This resolution shall be valid for thirty (30)
days and automatically renewed every thirty (30) days until further
action by the City Commission.
Section 16. That this resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED on this the day of ,
19
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. H
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER C~ t
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF NOVEMBER 1. 1994
RESOLUTION NO. 86-94/WAIVER OF PURCHASIN~ REGU~TIQNS UNDER
EMERGENCY ¢ONDITIQN$
DATE: OCTOBER 26, 1994
On February 11, 1992, the City Commission adopted Ordinance No.
7-92 which enacted Chapter 95, "Emergency Management", of the
City's Code. An associated action was the adoption of Resolution
No. 22-92 which establishes the form of a standard proclamation and
eight standard resolutions ("A" through "H") which may be used to
declare a state of emergency and to activate certain emergency
plans as may be required under the circumstances of the emergency.
Standard Resolution No. H pertains to waiving and suspending our
purchasing regulations under emergency conditions. I have since
had the opportunity to review a copy of the resolution adopted by
the City of Miami for this purpose in the wake of Hurricane Andrew.
It seemed to me that they had some guidelines and limitations which
might appropriately be incorporated into our Resolution No. H. As
currently written, our standard resolution is a total suspension
without any guidelines. I would feel more comfortable with some
guidelines in place.
Recommend approval of Resolution No. 86-94.
ref:agmemo4
[lTV JIF [IELAIIV BEA[H
CITY ATTORNEY'S OFFICE
FACSI~{ILE 407/278-4755 Writer' s Direct Line
pL}.I?Y,B,EA,(:::H~ ( 407 ) 24 3-709 1
~b~m~ ¢i~_ MEMORANDUM
,~ATE: October 6, 1994
]993 TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Waiver of Purchasing Regulations Under Emergency
Conditions
Pursuant to your earlier request, I have drafted a resolution
which amends Resolution No. 22-92 and Resolution No. H, as an
exhibit. If you should desire any other changes, please let
me know.
Attachments
Printed on Recycled Paper
RESOLUTION NO..~&_C~q
THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
HEREBY REPEALS RESOLUTION NO. 22-92 H, BY ENACTING A
NEW RESOLUTION H (ATTACHED HERETO), RELATING TO
EMERGENCY PROCUREMENT PROCEDURES AND SUSPENSION OF
CERTAIN CITY CODES RELATING TO PURCHASING AND
PROCUREMENT DURING EMERGENCIES, TO PROVIDE FOR
PROCEDURES, GUIDELINES AND LIMITATIONS FOR THE
ACQUISITION OF GOODS, MATERIALS, EQUIPMENT AND
SERVICES, AS MAY BE REQUIRED DURING AND AFTER AN
EMERGENCY, PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE AND. AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 7-92 which
is codified as Chapter 95, "Emergency Management" of the Code of
Ordinances of the City of Delray Beach, and Resolution 22-92 which
encorporated a standard proclamation declaring a state of emergency and
Exhibits A-H to activate certain emergency plans and procedures, on
February 11, 1992; and,
WHEREAS, Exhibit H to Resolution 22-92 provides for the
suspension of local ordinances, rules and regulations relating to
purchasing and procurement, but does not set forth with specificity the
procedures, guidelines and limitations for the suspension of purchasing
and procurement ordinances, rules, and regulations; and,
WHEREAS, the City Commission desires to amend Resolution 22-92
H to provide for procedures, guidelines and limitations regarding the
suspension of purchasing and procurement ordinances, rules and
regulations..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, AS FOLLOWS:
Section 1. That Exhibit H to Resolution 22-92 is hereby
repealed and a new Exhibit H is hereby enacted to read as set forth in
the attachment hereto.
Section 2. Exhibit H to Resolution 22-92, which is attached
hereto and encorporated herein is hereby approved for use when needed
pursuant to Chapter 95 of the Code of Ordinances of the City of Delray
Beach, Florida, subject to modifications as may be required under the
circumstances of the emergency.
Section 3. This Exhibit H to Resolution 22-92 shall take
effect immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
emerg, ord
2 RES. NO.
RESOLUTION NO. H
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY; AUTHORIZING EMERGENCY PURCHASING AND
PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN CITY
CODES, RULES AND REGULATIONS RELATING TO PURCHASING
AND PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR
THIRTY (30) DAYS AND AUTOMATICALLY RENEWED EVERY
THIRTY (30) DAYS UNTIL FURTHER ACTION BY THE CITY
COMMISSION.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on due to
; and,
WHEREAS, has caused
extensive damage to public and private property within the City of
Delray Beach; and,
WHEREAS, the expeditious restoration of property to
pre-existing conditions is vital to enable the re-establishment of
public activity; and,
WHEREAS, adherence to certain local ordinances, rules and
regulations establishing, Purchasing and procurement procedures can
delay the process of restoring public facilities to conditions existing
prior to the emergency; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the enactment of emergency procurement procedures
during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, AS FOLLOWS:
Section 1. The recitals and findings contained in the
preamble to this resolution are hereby adopted by reference thereto and
encorporated herein, as if fully set forth in this section.
Section 2. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 3. has caused
damage to numerous properties, rendering them unsafe or marginally
habitable.
Section 4. The emergency has caused disruption and damage to
roads, streets and other public facilities and thoroughfares.
Section 5. It is necessary to eliminate immediate threats to
the life, health, and safety of residents and employees, and eliminate
immediate threats to undamaged property, as well as ensure economic
recovery to the City and the community.
Section 6. A valid public emergency exists justifying the
waiver of formal competitive sealed bid and competitive selection
procedures for the acquisition of such services, equipment, goods, and/or
materials, as may be required for burden relief and disaster assistance.
Section 7. By an affirmative vote of 4/5ths of the members
of the City Commission, formal competitive sealed bid procedures for the
procurement of services, equipment, goods, and/or materials for the
purpose of eliminating immediate threats to the life, health and safety
of residents and employees and to eliminate immediate threats to
undamaged property, as well as ensure economic recovery to the City and
the community, are hereby waived.
Section 8. The City Manager is hereby authorized to utilize
City forces to participate in the burden, relief and disaster assistance
as may be required.
Section 9. The City Manager is hereby authorized to accept
the most reasonable, responsive and responsible bid or quote (for
necessary improvements, services, equipment, goods, and/or materials
associated with said burden relief and disaster assistance and to
execute the necessary purchase order(s), agreements, service
authorizations, or change orders in a form acceptable to the City
Attorney.
Section 10. The City Commission hereby ratifies, approves,
and confirms the City Manager's previous expenditure of monies for
contracts and awards in conjunction with the burden relief and disaster
assistance.
Section 11. The City Manager is hereby authorized to execute
agreement(s), contract(s), service authorization(s), change order(s),
and/or purchase orders for acquisition of such services, equipment, goods
and/or materials, as may be required for burden relief and disaster
assistance.
2 RES. NO.
Section 12. The City Manager is hereby permitted to proceed
without express City Commission approval, execution of such purchase
orders, contracts, service authorizations, change orders, and agreements
and in his expenditures of monies for the aforesaid, in conjunction with
said burden relief and assistance where such expenditure of monies for
any contract and/or award in connection therewith, does not exceed
$150,000.00.
Section 13. The City Manager is instructed to submit to each
City Commissioner, a copy of each contract, agreement, purchase order,
service authorization, or change order, issued pursuant to this
resolution on the same day said contract or purchase order is executed
by him.
Section 14. The emergency renders it necessary to suspend
local ordinances, rules and regulations dealing with purchasing and
procurement.
Section 15. This resolution shall be valid for thirty (30)
days and automatically renewed every thirty (30) days until further
action by the City Commission.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTE ST:
City Clerk
3 RES. NO.
£1TY ElF DELRI:iY BEflEH
DELRAY BEACH
10(.) %',W l~;t /~,\/ENIL)E · t},~_ LFi,'~.'7 ~EAC, H FLQRID,a :3344,~1 · ,i07/743 /00O
Ali.America City
1993
TO: Susan Ruby, City Attorney
FROM: David T. Harden, City Manager/Tr. /
SUBJECT: WAIVER OF PURCHASING REGULATIONS UNDER
EMERGENCY CONDITIONS
DATE: August 22, 1994
Exhibit H, attached to Resolution #22-92, is a standard
resolution, which we have prepared for waiving and suspending
our purchasing regulations under emergency conditions.
Attached is a copy of the resolution adopted by the City of
Miami for this purpose in the wake of Hurricane Andrew. Upon
reviewing the Miami resolution, it seemed to me that they had
some guidelines and limitations which might appropriately be
incorporated into our standard Resolution H. Our standard
resolution is a total suspension without any guidelines. I
would feel more comfortable with some guidelines in place.
DTH: mld
Attachment
c: Joe Safford
J-92-644
9/10/92
92- 551
RESOLUTION NO.
A RESOLUTION, BY ~N kFFIRI~TIVE VOTE OF 4/5THS
OF THE MEKBERS OF THE CITY COM~ISSION, NAIVING
FORMAL COMPETITIVE BID A_ND SELECTION
PROCEDURES FOR THE ACQUISITION OF SUCH
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS
MAY BE REQUIRED FOR BURDEN RELIEF AND DISASTER
ASSISTANCE DUE TO THE DAMAGE CAUSED BY, AND
AFTERMATH OF, HURRICANE ANDREW; RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
WRITTEN FINDING THAT A VALID PUBLIC EMERGENCY
EXISTS JUSTIFYING SUCH WAIVER FOR SAID BURDEN
..... -V" RELIEF AND DISASTER .ASSISTANCE; AUTHORIZING
.~, THE CITY MANAGER TO UTILIZE CITY FORCES IN
.~:~ i~{/ RESPONSE TO SAID DISASTER AS MAY BE REQUIRED;
~ 1 RATIFYING, APPROVING AND CONFIKMING THE CITY
7.', '.~ MANAGER'S PREVIOUS EXPENDITURE OF MONIES FOR
CONTRACTS AND AWARDS IN CONJUNCTION WITH SAID
· BURDEN RELIEF AND ASSISTANCE; AUTHORIZING THE
CITY MANAGER TO ACCEPT THE MOST REASONABLE,
~ 1. RESPONSIVE AND RESPONSIBLE BID(S) FOR
NECESSARY IMPROVEMENTS, SERVICES, EQUIPMENT,
GOODS AND/OR MATERIALS ASSOCIATED WITH SAID
BURDEN RELIEF AND DISASTER ASSISTANCE;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR PROFESSIONAL
SERVICES, AS MAY BE REQUIRED FOR SAID PURPOSE;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS AND/OR PURCHASE ORDERS FOR
ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS
AND/OR MATERIALS AS MAY BE REQUIRED; PROVIDING
THAT THE CITY MANAGER BE PERMITTED TO PROCEED
IN THE FUTURE WITHOUT EXPRESS CITY COMMISSION
APPROVAL IN HIS EXECUTION OF SUCH PURCHASE
ORDERS, CONTRACTS AND/OR AGREEMENTS AND IN HIS
EXPENDITURE OF MONIES FOR SAID CONTRACTS AND
AWARDS IN CONJUNCTION WITH SAID BURDEN RELIEF
AND ASSISTANCE WHERE SAID CONTRACT OR AWAtLD
DOES NOT EXCEED $150,000; INSTRUCTING THE CITY
MANAGER TO SUBMIT TO EACH CITY COMMISSIONER A
COPY OF EACH CONTRACT AND PURCHASE ORDER
ISSUED PURSUANT TO THIS RESOLUTION THE SAME
DAY SAID CONTRACT, PURCHASE 'ORDER AND/OR
CITY COI~SSIOI~
MEETING OF,
SEP 1 0 1992
Re,olutlo~ No.
92- 551
AGREEMENT IS EXECUTED BY HIM; FURTHER
PROVIDING THAT THIS RESOLUTION SHALL BE VALID
FOR THIRTY (30) DAYS AND AUTOMATICALLY RENEWED
EVERY THIRTY (30) DAYS UNTIL FURTHER ACTION BY
THE CITY COMMISSION.
WHEREAS, On August 24, 1992, the City of Miami suffered the
wrath of a devastating hurricane; and
WHEREAS, it was necessary to eliminate immediate threats to
the life, health and safety of residents and employees, and
eliminate immediate threats to undamaged property, as well as
ensure economic recovery to the City and the community; and
WHEREAS, the City Manager has made a written finding that a
valid public emergency exists Justifying the waiver of formal
competitive sealed bid and competitive selection procedures in
order to meet the immediate needs of the City and the community
for the purpose of providing for the health, safety and welfare
of its citizens and employees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager's written finding that a valid
public emergency exists Justifying ~he waiver of formal
551
competitive sealed bid and competitive selection procedures for
the acquisition of such services, equipment goods and/or
materials as may be required for burden relief and disaster
assistance due to damages caused by, and the aftermath of,
Hurricane Andrew is hereby ratified, approved and confirmed.
Section 3. By an affirmative vote of 4/5ths of the members
of the City Commission, formal competitive sealed bid procedures
for the procurement of services, equipment, goods and/or
materials for the purpose of eliminating i~ediate threats to the
life, health and safety of residents and employees, and eliminate
immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community are hereby
waived. !/
Section 4. The City Manager is hereby authorized to utilize
City forces to participate in the burden relief and disaster
assistance, as may be required.
Section 5. The City Manager is hereby authorized to accept
the most reasonable, responsive and responsible bid(s) for
necessary improvements, services, equipment, goods and/or
materials associated with said burden relief and disaster
The Code required time limitations for solicitations of formal
sealed bids are hereby waived.
- - 92- 551
assistance and to execute the necessary purchase order(s) and/or
agreement(s) ~/, in a form acceptable to the City Attorney.
Section 6. The City Commission hereby ratifies, approves
and confirms the City Man'ager's previous expenditure of monies
for contracts and awards in conjunction with the burden relief
and disaster assistance.
Section 7. The City Manager is hereby authorized to execute
agreement(s) contract(s) and/or purchase order(s) for acquisition
of such services, equipment, goods and/or materials as may be
required for burden relief and disaster assistance.
Section 8. The City Manager is hereby permitted to proceed
without express City Commission approval in his execution of such
purchase orders, contracts and/or agreements and in his
expenditures of monies for contracts and awards in conjunction
with said burden relief and assistance where such expenditure of
monies for any contract and/or award in connection therewith does
not exceed $150,000.
Section 9. The City Manager is instructed to submit to each
City Commissioner a copy of each contract, purchase order and/or
agreement issued pursuant to this Resolution on the same day said
contract or purchase order is executed by him.
The herein authorizations are further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
Section 10. This Resolution shall be valid for thirty (30)
days and automatically renewed every thirty (30) days until
further action by the City Commission.
Section 11. This R~solution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 10th day of September , 1992.
~-~YOR
~TT~~
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEON~ J
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A;. Q~NN ~'O~S, III-
M3181 .C~:ra
92- 551