Waste Management in Delray takes a HUGE HIT.


The City’s Purchasing Ordinance governs the City’s acquisition of contractual services and requires the City to use a competitive process1 for the acquisition of contractual services “of $15,000 and up,” unless a sole source or emergency exception applies. The Franchise Agreement contractually binds the City to pay WM for Collection Service charges that are far in excess of $15,000. There was no competitive procurement process used in connection with the September 2012 approval of Amendment No. 5, which provided for an 8 year extension of the Franchise Agreement. There were no more remaining renewal options available under the competitively procured Franchise Agreement. The sole source and emergency exemptions did not apply.

The former City Manager stated at the time that he did not believe the Franchise Agreement extension needed to comply with the City’s competitive procurement requirement because the payment relationship of the parties presents a “pass through.” However, the City’s Purchasing Ordinance does not exempt “pass through” expenditures from the City’s competitive procurement requirements. The view that Amendment No. 5 is a “pass through” rather than an expenditure of City funds, and therefore does not require competition, conflicts with the language of the Franchise Agreement, the Purchasing Ordinance, and Florida law on the proper interpretation of city ordinances and competitive bidding laws. The Florida Supreme Court has held that competitive bidding laws should be construed in a manner that avoids their circumvention and in a manner most favorable to the public. Moreover, even if there was an exemption for “pass through” expenditures, in this case the City is required to pay WM regardless of whether the City collects from its residents, and thus it is not a “pass through.”

Accordingly, it is our opinion that the City’s Purchasing Ordinance required Amendment No. 5 to be competitively procured in a manner authorized by the Purchasing Ordinance. The Florida Supreme Court has long held that contracts entered into by local governments in violation of competitive bidding laws are void and no rights can be acquired under them by the contracting party. If the validity of Amendment No.5 comes before the court for a determination, there is a significant chance, based on existing case law, that the court will
declare Amendment No. 5 void.

Expert SEO Consulting - More Traffic. Better Results.

Every day we deliver new customers to businesses through our proven search engine optimization and pay-per-click marketing strategies. Our strategies have helped businesses, large and small, reach in-market consumers, making a true impact on the bottom line.

More Traffic. Increased Qualified Leads. Maximized Budget Dollars.

We’re here to help educate you about search marketing and choose a strategy that’s right for you and your business. We’re constantly researching, testing, connecting, and finding other ways to stay on top of this always-changing industry so we can offer the best, most relevant advice to help you succeed.

SEO. Social Media Consulting. Improving Website Results.

The blueprint for online success is simple. We do the heavy lifting while you focus on what matters most, your customers!

Drop us a line and let's see if we can take your business to the next level.

Chaz Stevens

Chaz Stevens

Professional Troublemaker
Father of the world-famous Pabst Blue Ribbon Festivus Pole, Chaz’s antics are sure to entertain, educate, and irritate. Chaz has been appeared on The Colbert Report, The Daily Show, Fox News, and hundreds of national media outlets, and several international newspapers.
Chaz Stevens


According to John Stewart, I am the General Patton of the War on Xmas. Father, Pabst Blue Ribbon Festivus Pole. Professional troublemaker.
Daniel Rose's supposed Non-Profit itching for a lawsuit http://t.co/RtzGpUhHJl - 29 mins ago
Chaz Stevens