HomeMy WebLinkAboutRes 2013-451996892.3
Amendments
to
Chapter 3
of the
Town Code
November 21, 2013
Fountain Hills Town Code
1996892.3
Chapter 3
ADMINISTRATION
Articles:
3-1 OFFICERS IN GENERAL
3-2 MERIT SYSTEM
3-3 PROCUREMENT
3-4 DISPOSITION OF PROPERTY
3-5 CIVIL PREPAREDNESS AND DISASTER
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Article 3-1
OFFICERS IN GENERAL
Sections:
3-1-1 Town Manager
3-1-2 Town Attorney
3-1-3 Town Presiding Judge
3-1-4 Town Clerk
3-1-5 Town Marshal/Law Enforcement Agent
3-1-6 Department Directors
3-1-7 Additional Officers
3-1-8 Vacancies; Deputies; Holding More than One Office
3-1-9 Additional Powers and Duties
Section 3-1-1 Town Manager
A. Office Created. The office of the Town Manager is hereby created and established. The
Town Manager shall be appointed by the Council on the basis of executive and
administrative qualifications with special reference to actual experience in or knowledge of
accepted practice in respect to the duties of office as hereinafter set forth; and he shall hold
office for and at the pleasure of the Council.
B. Eligibility. Residence in the Town at the time of appointment shall not be required as a
condition of appointment. However, within six months from the date of appointment, the
Town Manager must become a resident of the Town, unless an extension of time is granted
by the Council.
C. Bond. Unless a blanket bond or other equivalent coverage is provided by the Town, prior
to taking office, the Town Manager shall execute and file an official bond, enforceable
against the principal and his sureties, conditioned on the due and faithful performance of
his official duties, payable to the Town and to and for the use and benefit of the Town or
any person who may be injured or aggrieved by the wrongful act or default of such officer
in his official capacity. Bonds shall be in such sum as set forth in ARIZ. REV. STAT. §
38-251 et seq., as amended, and the premium for such bonds shall be paid by the Town.
D. Absence. The Deputy Town Manager shall perform the duties of the Town Manager
during his absence. In the event the Deputy Town Manager is unable or unavailable to
perform such duties, the Town Manager may appoint such other Town Employee as he
deems appropriate to serve as the acting Town Manager. If the Town Manager is unable
to make such appointment to perform the duties of Town Manager during the temporary
absence or disability of the permanent Town Manager, the Council may designate a
qualified administrative officer to perform the Town Manager’s duties.
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E. Removal. The Town Manager may be removed by the Council by a majority vote of its
members immediately for cause or upon such notice as is set forth in the Town Manager’s
employment contract without cause. As used herein and as it relates to the termination of
employment of the Town Manager, the term “for cause” shall mean malfeasance in office
or willful breach or habitual neglect of duties, as such duties are described in this Section,
illegal activity within or without the conduct of this office or any other cause set forth in the
Town Manager’s employment contract.
F. Resignation. The Town Manager shall give such notice as set forth in his employment
contract prior to resigning the office of Town Manager.
G. Compensation. The Town Manager shall receive such compensation as the Council shall
from time to time determine, and said compensation shall be a proper charge against such
funds of the Town as the Council shall designate. The Town Manager shall be reimbursed
for all sums necessarily incurred or paid by him in the performance of his duties, or
incurred when traveling on business pertaining to the Town as approved by the Council;
reimbursement shall be made only when a verified, itemized claim, setting forth the sums
expended for which reimbursement is requested, has been presented and approved by the
Town Finance Division.
H. Powers and Duties. The Town Manager shall be the administrative officer of the Town
government and shall be responsible to the Council for the proper administration of all
affairs of the Town under the specific direction and control of the Council. In addition to
the general powers as the chief administrative officer and not as a limitation thereon, it
shall be the Town Manager’s responsibility and authority:
1. To see that all laws and ordinances of the Town are duly enforced, and that all
franchises and privileges granted by the Town are faithfully observed.
2. To appoint and, when necessary, suspend or remove all employees of the Town,
except those officers appointed by the Council. All appointments and removals
shall be based upon merit and upon the qualifications and disqualifications of such
employee without regard to any political belief or affiliation.
3. To coordinate the administrative functions and operations of the various
departments, divisions, services, boards, committees and commissions of the Town
government, and on its behalf to carry out policies, rules, regulations and
ordinances adopted by it, relating to the administration of the affairs of such
departments, divisions, services, boards, committees or commissions. Such
powers and duties to be subject to the following provisions:
a. That the organizational structure under which municipal services are
performed shall be specified in an organization chart approved by the
Council.
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b. That prior to any creation, combination, consolidation or deletion of any
positions of employment, written job descriptions or amendments thereto
shall have been approved by the Council.
4. To attend all meetings of the Council unless excused therefrom and to attend, or
designate appropriate Town Staff to attend all board, commission and committee
meetings.
5. To recommend to the Council for adoption such matters, ordinances and
resolutions as are necessary.
6. To recommend to the Council at periodic intervals changes needed in the Town
Code.
7. To keep the Council at all times fully advised as to the financial conditions and
needs of the Town. To provide whatever reports to the Council as it may deem
necessary.
8. To prepare and submit to the Council a proposed annual budget for the next fiscal
year, including financial projections for the subsequent four fiscal years.
9. To analyze the functions, duties and activities of the various departments,
divisions, services, boards, committees and commissions of the Town government
and of all employees thereof, and to make such recommendations to the Council to
achieve the highest degree of efficiency in the overall operation of the Town
government.
10. To investigate all complaints in relation to matters concerning the administration of
the Town, its departments and all services provided to it by contract with another
entity.
11. To exercise general supervision over all public buildings, public parks and other
public property that are under the control and jurisdiction of the Council.
12. To devote as much time to the duties of the office of Town Manager and the interest
of the Town as necessary.
13. To perform such other duties and exercise such other powers as may be delegated
from time to time by ordinance, resolution or affirmative vote of the Council.
I. Council to Act Through Town Manager. Except for the purpose of inquiry, the Council
and its members shall deal with the administrative branch solely through the Town
Manager, and neither the Council nor any member thereof shall give orders to any
subordinate of the Town Manager either publicly or privately.
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Section 3-1-2 Town Attorney
The Town Attorney shall be appointed by and serve at the pleasure of the Council and shall act as
the legal counselor and advisor of the Council and, as such, shall give his opinion in writing when
requested. He shall draft or supervise the drafting of all deeds, contracts, conveyances,
ordinances, resolutions and other legal instruments before final approval or acceptance thereof by
the Council. He shall ensure that the Town is represented by legal counsel in the prosecution or
defense of all suits, actions or causes where the Town is a party and shall report to the Council,
when required, the condition of any suit or action to which the Town is a party.
Section 3-1-3 Town Presiding Judge
The Town Presiding Judge shall be appointed by the Council and shall be the presiding officer of
the municipal court. He shall perform those functions necessary to the maintenance of the
municipal court as provided by state law and shall have the powers and duties as set forth in
Chapter 5 of this Code.
Section 3-1-4 Town Clerk
A. Records. The Town Clerk shall be the Town’s custodian of records and shall keep a true
and correct record of all business transacted by the Council and any other records that
either pertain to the business of the Town or that the Council directs. The Town Clerk or
authorized designee shall keep such records in the manner set forth in the records retention
process approved for Arizona municipalities by the Arizona State Library, Archives and
Public Records Division and pursuant to any other applicable statutory requirements.
B. Public Inspection of Records. The Town Clerk shall keep convenient for public
inspection all public records and public documents under his control, as provided by state
law.
C. Minutes. The Town Clerk shall prepare or cause to be prepared all minutes of Council
proceedings and ensure their correctness and accuracy.
D. Ordinances, Resolutions, Budgets and Notices. The Town Clerk or authorized designee
shall process, record, file, publish and, if required by state statute, post all ordinances,
resolutions, budgets and notices that may be passed by the Council.
E. Election Official. The Town Clerk shall be the Town election official and perform those
duties required by state law.
F. Administrative Duties. The Town Clerk shall perform those administrative
responsibilities and duties that are conferred upon him by the Town Manager in addition to
those specified in state law or in this Code.
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Section 3-1-5 Town Marshal/Law Enforcement Agent
The Town Manager or authorized designee shall serve as the Town Marshal/Law Enforcement
Agent and shall provide for enforcement of Town codes, ordinances or other regulations. The
Town shall have the authority to enter into an intergovernmental agreement or contract for the
provision of law enforcement services.
Section 3-1-6 Department Directors
A. There are hereby created the following departments, each of which shall be under the
immediate direction of a department director or the Town Manager, as designated in the
adopted organizational chart:
1. Administration Department
2. Community Services Department
3. Development Services Department
4. Fire Department
5. Police Department
B. Each department director shall be selected by and report to the Town Manager; provided,
however, that selection of the department directors for the Police and Fire Departments
shall be in accordance with the contracts for those services. Department directors, except
for Police and Fire, shall be subject to the merit system.
Section 3-1-7 Additional Officers
The Council may appoint and remove from time to time such other officers as it may deem
necessary and that are not provided for in this Code or state statute.
Section 3-1-8 Vacancies; Deputies; Holding More than One Office
A. A vacancy in any office not subject to Council appointment shall be filled by the Town
Manager.
B. The powers and duties of any of the offices enumerated in Section 3-1-6 may be performed
by a deputy upon authorization of the Town Manager.
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C. It shall be lawful for one person to hold more than one office, but such person shall be
compensated only for one office to which he has been regularly appointed, unless specified
otherwise by the Council.
Section 3-1-9 Additional Powers and Duties
In addition to any powers and duties prescribed in this Code, each officer shall have such further
powers, perform such further duties and hold such other offices as the Council may provide.
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Article 3-2
MERIT SYSTEM
Sections:
3-2-1 Creation and Scope
3-2-2 Conditions of Employment; Non-discrimination
3-2-3 Rules and Regulations
3-2-4 Political Activity
Section 3-2-1 Creation and Scope
A. There is hereby created and adopted a merit system governing the employees of the Town,
except those enumerated in this Section, for the purpose of regulating the conditions of
employment and removal of employees of the Town.
B. The merit system adopted by this Article shall not apply to elected officials; officers
subject to appointment and removal by the Council; consultants hired on a contract basis;
contract employees; temporary employees; volunteer workers who receive no regular
compensation from the Town and members of boards, committees and commissions
established by the Council.
Section 3-2-2 Conditions of Employment; Non-discrimination
The appointment, promotion and tenure of all employees identified in Section 3-2-1 shall be
conditioned solely on merit, fitness and the satisfactory performance of the duties and
responsibilities assigned. No employee or applicant for employment shall be discriminated
against on the basis of age, race, color, religion, gender, political affiliation, disability or
impairment.
Section 3-2-3 Rules and Regulations
The Council shall adopt by ordinance or resolution written rules and regulations to give effect to
this Article.
Section 3-2-4 Political Activity
A. All employees will remain free from any political activity while on duty.
B. An employee may exercise his rights as a citizen to vote and to express opinions as an
individual citizen, but not as a representative of the Town.
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C. No paid employee will seek election to public office with the Town while still employed by
the Town.
D. No paid employee will use his position to sell, solicit or distribute any campaign material
during working hours or while in a uniform or with visible identification used by or
identified with the Town government.
E. No paid employee will use his position to introduce, guide or recommend any candidate for
public office on Town property.
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Article 3-3
PROCUREMENT
PARTS:
Part I GENERAL PROVISIONS
Part II ETHICS; VIOLATIONS; UNAUTHORIZED PURCHASES
Part III FORMAL BIDDING PROCEDURES
Part I GENERAL PROVISIONS
Sections:
3-3-1 Purposes
3-3-2 Policies
3-3-3 Application; Exclusions
3-3-4 Definitions
3-3-5 Budgeting
3-3-6 Procurement Agent
3-3-7 Procurement by Dollar Value; Execution
3-3-8 On-line Bidding
3-3-9 Purchase Orders
3-3-10 (Reserved)
Section 3-3-1 Purposes
The purposes of this Article are to:
A. Establish standard policies and practices for the Procurement of Materials and Services and
permit the continued development of Procurement policies and practices.
B. Serve as an aid in providing all Materials and Services at the appropriate time, place,
quantity, purpose and Price to meet the operational requirements of the Town.
C. Ensure the fair and equitable treatment of all Persons who participate in the Procurement
system of the Town and foster effective broad-based competition within the free enterprise
system.
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Section 3-3-2 Policies
The Town shall procure all Materials and Services deemed necessary for the delivery of quality
service to its residents using competitive bids, Proposals, Vendor quotations or direct purchases.
A complete history of each purchase of Materials or Services will be maintained through the use of
purchase requisitions, purchase orders, check requests, petty cash vouchers and any other
appropriate forms as authorized by this Article and as set forth in the Procurement Policy. Every
effort will be made to obtain all Materials and Services at the most economical prices available.
All Procurement Contracts shall be drawn by or under the supervision of the Town Attorney.
Section 3-3-3 Application; Exclusions
A. This Article shall apply to every expenditure of public monies by the Town, except as
otherwise specified in this Article. Nothing in this Article shall prevent any Town
department from complying with the terms and conditions of any grant, gift, bequest or
cooperative agreement. In the event of a conflict between the terms of this Article and the
terms of any federal or state grant, the terms of any such grant shall govern.
B. This Article shall not apply to the following:
1. Contracts between the Town and the federal government, the State of Arizona and
political subdivisions of the State of Arizona.
2. Contracts for expert services, if the purpose of such services is to provide for
Professional Services relating to an existing or probable lawsuit in which the Town
is or may become a party or to Contracts for special investigative Services for law
enforcement or administrative investigation purposes.
3. Agreements negotiated by legal counsel representing the Town in settlement of
pending litigation or threatened litigation.
4. Development agreements, as defined in ARIZ. REV. STAT. § 9-500.05, as amended.
5. Contracts for the purchase or sale of real property and ancillary services related
thereto, such as title insurance, appraisals or environmental assessments to the
extent that they are negotiated in connection with a Contract for purchase or sale of
real property.
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Section 3-3-4 Definitions
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
A. “Best Interests of the Town” means advantageous to the Town.
B. “Bid” means a price-based Proposal that is submitted in response to an Invitation for Bids.
C. “Bid or Proposal Guarantee” means a form of security that indemnifies the Town against a
successful bidder’s failure to execute the Contract documents and proceed with
performance.
D. “Bid Opening” means the date and time set forth in the Solicitation for opening of sealed
bids.
E. “Business” means any Person authorized to do business in the State of Arizona.
F. “Change Order” means a written order signed by an authorized agent of the Town that
directs the Contractor to make changes that are authorized by the Town.
G. “Closing Date” means the date and time set forth in a Solicitation for the receipt of Bids or
Proposals by the Town, after which no Bid or Proposal shall be considered.
H. “Confidential Information” means that portion of a Bid, Proposal, offer, Specification or
protest that contains information that the Person submitting the information believes
should be withheld, provided (i) such Person submits a written statement advising the
Town of this belief at the time of the submission and (ii) the information is so identified
wherever it appears.
I. “Construction” means the process of building, altering, repairing, improving or
demolishing any public structure or building or other public improvements of any kind to
any public real property, but does not include the routine operation, routine repair or
routine maintenance of existing facilities, structures, buildings or real property or
demolition projects costing less than $200,000.00.
J. “Contract” means all types of Town agreements, regardless of what they may be called, for
the Procurement of Materials and Services, the demolition or Construction of public
facilities, or the acquisition and disposal of real and personal property.
K. “Contractor” means any Person having a Contract with the Town.
L. “Cooperative Purchasing” means Procurement conducted by, or on behalf of, more than
one public Procurement unit.
M. “Data” means documented information, regardless of form or characteristic.
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N. “Days” shall mean calendar days unless otherwise specified.
O. “Debarment” means disqualification by the Procurement Agent of a Vendor to receive the
award of a Contract with the Town for a specified period of time, not to exceed three years,
commensurate with the seriousness of the offense causing the disqualification, which may
result from misconduct or failure or inadequacy of performance.
P. “Emergency” means a threat to the public health, welfare, property or safety.
Q. “Employee” means an individual drawing a wage or a salary through the payroll process of
the Town, whether elected or not.
R. “Interested Party” means an actual or prospective bidder or Offeror whose economic
interest may be affected substantially and directly by the issuance of a Solicitation, the
award of a Contract, or by the failure to award a Contract. Whether an actual or
prospective bidder or Offeror has an economic interest will depend upon the circumstances
of each case.
S. “Invitation for Bids” means all documents including those attached or incorporated by
reference, utilized for soliciting bids in accordance with Section 3-3-20 below.
T. “Materials” means all personal property, including equipment, supplies, printing,
insurance and leases of personal property.
U. “Offeror” or “Respondent” means any Person that responds to an Invitation for Bids,
Request for Proposals, Solicitation, offer, or any other invitation or request by which the
Town invites a Person to participate.
V. “Open Market Purchase” means procedures used for Procurement of Materials and
Services readily available to the general public on the open market which, by their nature,
are subject to competition from multiple competing Vendors.
W. “Payment Bond” means a form of security required to be provided by a Contractor for the
protection of claimants supplying labor and/or Materials to the Contractor or its
Subcontractors.
X. “Performance Bond” means a form of security provided by a Contractor that secures the
Contractor’s obligation to properly complete its work in accordance with the Contract.
Y. “Person” means any individual, corporation, partnership, sole proprietorship, joint stock
company, joint venture, limited liability company or any other private legal entity,
governmental entity, union, committee, club, other organization or group of individuals.
It includes a trustee, receiver or similar representative.
Z. “Price” means the total expenditure for a defined quantity of a Material or Service.
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AA. “Procurement” means the purchasing, renting, leasing or otherwise obtaining any Material
or Service. The term includes all functions that pertain to the obtaining of any Material or
Service, including description of requirements, selection and Solicitation of sources,
preparation and award of Contract, and all phases of Contract administration.
BB. “Procurement Agent” means the Town Manager or authorized designee.
CC. “Procurement Policy” means the administrative policy created by the Town Manager to
assist with the implementation of this Article.
DD. “Professional Services” means those services requiring specialized knowledge, education,
skill or expertise and where the qualifications of the Person(s) rendering the services are of
primary importance. Professional Services shall include, but not be limited to, services
provided by architects, attorneys, accountants, clergy, construction and project managers,
dentists, design professionals, engineers, geologists, physicians, nurses, psychologists,
teachers, veterinarians and health care providers, that provide a combination of
professional and paraprofessional services or any other professions and services defined as
Professional Services by state law.
EE. “Proposal” means a written offer, solicited or unsolicited, for consideration as a basis for
awarding or modifying a Contract.
FF. “Request for Proposal” means all documents, including those attached or incorporated by
reference, utilized for soliciting Proposals in accordance with Section 3-3-21 below.
GG. “Request for Qualifications” means all documents, including those attached or
incorporated by reference, utilized for soliciting qualifications-based Proposals in
accordance with Section 3-3-23 below.
HH. “Responsible Bidder” or “Responsible Offeror” means a bidder or Offeror who has (i) the
capability to fully perform the Contract requirements and (ii) the reliability that will ensure
good faith performance.
II. “Responsive Bidder” or “Responsive Offeror” means a bidder or Offeror who has
submitted a bid or Proposal that conforms in all material aspects to the Solicitation.
JJ. “Service” means the furnishing of labor, time or effort by a Contractor, not involving the
delivery of a specific end product other than reports that are merely incidental to the
required performance. This term does not include “Professional Services” provided by
those persons as defined in this Section.
KK. “Solicitation” means an Invitation for Bids, a Request for Proposals, a Request for
Qualifications or any other invitation or request by which the Town invites a Person to
participate in a Procurement.
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LL. “Specification” means any description of the physical characteristics, functional
characteristics, or the nature of a Material or Service item. The term may include a
description of any requirements for inspecting, testing, or preparing a Material or Service
item for delivery.
MM. “Subcontractor” means a Person that contracts to perform work or render Services to a
Contractor or to another Subcontractor as a part of a Contract with the Town.
NN. “Suspension” means an action taken by the Procurement Agent disqualifying a Person or
entity from participation in Town Procurement.
OO. “Town” means the Town of Fountain Hills, an Arizona municipal corporation.
PP. “Vendor” means any Person operating a Business that has, or proposes to, provide a
Material or Service to the Town.
Section 3-3-5 Budgeting
A. Procurements shall be contracted for or made only where sufficient funds have been
budgeted in the year in which funds have been appropriated.
B. Budgeted line items specifically identifying one-time operational or recurring Materials or
Services that have been approved by the Council in the review and adoption of the annual
Town budget, and for which an award is within the allocated expenditure set forth in the
budget, may be approved by the Procurement Agent without further Council approval.
Awards that exceed the allocated expenditure or deviate from the identified description
and/or scope shall require Council approval.
Section 3-3-6 Procurement Agent
The Procurement Agent shall (i) serve as the Contract administrator for the Town and as such shall
supervise the execution and completion of all Contracts entered into by or on behalf of the Town
and (ii) have general supervision, responsibility and authority to:
A. Procure, contract for and execute agreements in any amount less than $30,000.00 for
Materials and Services, including rentals, Service agreements, and leases needed by any
Town department, in accordance with this Article.
B. Approve and sign Change Orders to Contracts authorized by the Council in an amount
equal to the lesser of 10% of the Contract amount or $30,000.00.
C. Establish and amend all policies, regulations, forms, procedures and rules necessary and
proper to implement the provisions of this Article.
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D. Have the authority to suspend or debar Vendors.
E. Centralize Procurement, consistent with this Article, by which Materials and Services for
all Town departments are purchased.
F. Inform Town Employees and contractors of the ethical standards for public contracting.
G. Designate another representative of the Town to have the authority to perform any or all of
the above tasks.
Section 3-3-7 Procurement by Dollar Value; Execution
A. Any purchase not exceeding $30,000.00 may be made by the Procurement Agent in
accordance with this Article and the Procurement Policy adopted pursuant to this Article.
Contract requirements shall not be artificially divided so as to create multiple purchases of
lesser amounts. Except as set forth in Subsections 3-3-5(B) and 3-3-6(B) above, any
purchase exceeding $30,000.00 shall be authorized by the Council. When it is
advantageous to the Town, annual Contracts should be initiated for Services and Materials
regularly purchased.
B. The Procurement Agent may sign Contracts (1) for purchases not exceeding $30,000.00
without Council approval and (2) in any amount after such Contract has been approved by
the Council either as part of the annual budget or as a separate item. The Mayor may sign
any Contracts of any amount as long as such Contracts have been approved by the Council.
Section 3-3-8 On-line Bidding
A. If the Procurement Agent determines that electronic, on-line bidding is in the Best Interests
of the Town and the competitive Procurement process is facilitated thereby, the
Procurement Agent may use on-line bidding to obtain bids electronically for the purchase
of Materials and Services.
B. An on-line bidding Solicitation must designate an opening date and time.
C. The Closing Date and time for an on-line Solicitation may be fixed or remain open
depending on the structure of the item being bid on-line. Information regarding the Closing
Date and time must be included in the Solicitation. At the opening date and time, the
Procurement Agent must begin accepting on-line bids and must continue accepting bids
until the bid is officially closed.
D. All on-line bids must be posted electronically and updated on a real-time basis.
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E. The Procurement Agent may:
1. Require bidders to register before the opening date and time and, as part of that
registration, require bidders to agree to any terms, conditions or other requirements
of the Solicitation.
2. Prequalify bidders and allow only those bidders who are prequalified to submit bids
on-line.
F. All bids submitted electronically through an on-line bidding process are public information
and are subject to the same public disclosure laws and timelines that govern bids received
through the sealed bid process.
G. All remedies available to the Town and to bidders through the sealed bid process under this
Article are also available to the Town and to bidders in an on-line bidding process.
Section 3-3-9 Purchase Orders
The Procurement Agent shall provide forms of purchase orders that shall be used for the purchase
of all Materials and Services for or on behalf of the Town. Open purchase orders may be utilized
for the routine purchase of regularly-supplied items, provided that an open purchase order shall be
limited to a single source and shall not be valid for more than $10,000 in the aggregate.
Section 3-3-10 (Reserved)
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Part II ETHICS; VIOLATIONS; UNAUTHORIZED PURCHASES
Sections:
3-3-11 Ethical Standards
3-3-12 Ethical Violations
3-3-13 Unauthorized Purchases; Violation, Liability, Enforcement
3-3-14 (Reserved)
3-3-15 (Reserved)
Section 3-3-11 Ethical Standards
It is the policy of the Town for Employees to maintain high standards of honesty, integrity,
impartiality, courtesy and conduct. These standards apply to Town Employees internally as well
as when interacting with citizens and Vendors. Such policy is implemented by prescribing
essential standards of ethical conduct without creating unnecessary obstacles to providing the
Town with Materials or Services. To further this policy, the Town has promulgated ethical
standards as set forth below. The Procurement Agent is authorized to take steps to ensure
compliance with the following standards:
A. It is an affirmative obligation for Town Employees to perform their responsibilities in such
a manner to ensure fair competitive access to governmental Procurement by responsible
Vendors.
B. No Employee of the Town shall engage in acts that, in the reasonable judgment of the
Procurement Agent, would result in a loss of confidence in the integrity of the Town’s
Procurement operation. Such acts include, but are not limited to (1) receipt of gifts or
services of more than a nominal value from a prospective Vendor, (2) statements to a
Vendor that it will be awarded the Contract based on personal knowledge or relationships
with Town Employees without an evaluation of its submittal, (3) failure of a Town
Employee sitting on a review committee to disclose any prior or current business or
financial relationship with a proposed Vendor, (4) criticism of one Vendor to another
Vendor who is competing for the same Procurement prior to bid or Proposal award or (5)
any acts similar to those outlined in clauses (1) through (4) of this Subsection. For
purposes of this Article, “nominal value” is defined as $25.00 or less from any single party
during any single calendar year.
C. Town Employees responsible for participation in Procurement by virtue of their positions
shall take reasonable efforts to ensure that Contractors doing business with the Town are
expected to observe these same ethical standards. Violation of these standards shall
constitute grounds for termination of a Contract with the Town and Debarment of the
Contractor from doing any further business with the Town.
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Section 3-3-12 Ethical Violations
A. In addition to any applicable state laws, it is a violation of this Article:
1. For any Person to attempt to or influence any Town Employee to violate the
provisions of ethical conduct set forth in this Article.
2. For any Person preparing Specifications or plans pursuant to this Article or any
policy or procedure of the Town to receive any direct pecuniary benefit from the
utilization of such plans or Specifications, other than compensation owed for
preparation of the Specifications or plans.
3. For any Employee or agent acting on behalf of the Town to directly or indirectly
participate in or benefit or receive any pecuniary benefit from a Procurement in
violation of state or federal law.
4. For any Person to offer, give or agree to give any Employee or former Employee of
the Town or for any Employee or former Employee of the Town to solicit, demand,
accept, or agree to accept from another Person, any valuable thing or valuable
benefit that would not accrue in the performance of his official duties or an offer of
employment in connection with any decision, approval, disapproval,
recommendation, preparation of any part of a program requirement or a purchase
request, influencing content of any Specification or Procurement standard,
rendering of advice, investigation, auditing or in any advisory capacity in any
proceeding or application request for ruling, determination, claim or controversy,
or other particular matter, pertaining to any program requirement of a Contract or
subcontract, or to any Solicitation or Proposal therefore. No action taken for
violations of this Subsection shall be construed to preclude criminal prosecution of
an Employee or former Employee or any other Person under the provisions of state
or federal law.
5. For any payment, gratuity or offer of employment to be made by or on behalf of a
Subcontractor under a Contract to the prime Contractor or higher tier Subcontractor
or any Person associated therewith, as an inducement for the award of a subcontract
or order. Violation of this standard shall constitute grounds for termination of a
Contract with the Town and Debarment of the Vendor from doing any further
business with the Town. This information shall be included as a term and
condition of all Town Contracts.
6. For a Person to be retained, or to retain a Person, to solicit or secure a Town
Contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, except for retention of bona fide established sales and
brokerage agencies for the purpose of securing business.
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7. For any Employee who is participating directly or indirectly in a Procurement
process to become the Employee of any Person under Contract with the Town
concerning any matters that the Employee participated in during the same
Procurement process for a period of twelve months following his employment with
the Town.
8. For any Employee or former Employee of the Town to disclose or use Confidential
Information acquired by the Employee in the performance of his official duties for
the actual or anticipated pecuniary benefit of any Person.
B. It is no defense to a violation of this Section that the Employee to whom a benefit or offer
of employment was made, or agree to be made, was not qualified to act in the desired
manner.
C. An Employee or Person may violate this Section by intentionally or knowingly engaging in
a violation or by recklessly or negligently engaging in a violation. The Person’s state of
mind shall only be considered in imposing the penalty for such violation.
Section 3-3-13 Unauthorized Purchases; Violation, Liability, Enforcement
A. Except as provided in this Article, it shall be improper for any Town Employee to order the
purchase of Materials or Services or to attempt to enter into Contracts within the purview
of this Article other than through the Procurement Agent. Purchase Orders or Contracts
made contrary to the provisions hereof shall not be approved by the Procurement Agent
and the Town shall not be bound thereby. Further, the Procurement Agent may impose
discipline on Employees who violate this Article in accordance with the Town’s codes and
personnel administrative regulations.
B. A Person who knowingly contracts for or purchases any Materials, Services or
Construction in a manner contrary to the requirements of this Article violates the ethical
standards contained in this Article shall be personally liable for the recovery of all public
monies paid, together with legal interest and all costs, attorney’s fees and damages arising
out of the violation. Further, the Procurement Agent may impose discipline on
Employees who (1) contracted for or purchased any Materials, Services of Construction in
a manner contrary to the requirements of this Article or (2) engaged in violations of the
provisions set forth in Sections 3-3-11 and 3-3-12 above in accordance with the Town’s
codes and personnel administrative regulations.
C. The Town Attorney shall assist the Procurement Agent or authorized designee in enforcing
the provisions of this Article.
Sections 3-3-14 – 3-3-15 (Reserved)
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Part III FORMAL BIDDING PROCEDURES
Sections:
3-3-16 Applicability
3-3-17 Public Notice
3-3-18 Bid or Proposal Guarantee
3-3-19 Confidential Information
3-3-20 Invitation for Bids
3-3-21 Request for Proposals
3-3-22 Withdrawal or Cancellation of Bids or Proposals
3-3-23 Retention of Professional Services; Requests for Qualifications
3-3-24 Construction Contracts
3-3-25 Emergency Procurements
3-3-26 Sole Source Procurement
3-3-27 Cooperative Purchasing
3-3-28 Protests; Informal and Formal
3-3-29 Debarments and Suspensions
3-3-30 Acceptance of Work Completed
3-3-31 Attestation of Contracts by Town Clerk
Section 3-3-16 Applicability
The formal bidding process set forth in this Part shall be utilized for all purchases not designated as
eligible for purchases under petty cash, Open Market Purchase or small purchase in the
Procurement Policy; provided, however, that the formal bidding process set forth in this Part may
be supplemented by the Procurement Policy. Informal purchases (petty cash, Open Market
Purchase and small purchases) shall be governed by the Procurement Policy.
Section 3-3-17 Public Notice
A. Public notice of Invitations for Bids, Requests for Proposals or Requests for Qualifications
shall be in a manner that is reasonable in the judgment of Procurement Agent given the
commercial context of the Solicitation. The advertisement shall specifically state the
character of the Town purchase contemplated. Notice may be given in any publication
that is reasonably available to prospective bidders in the judgment of Procurement Agent.
For purposes of this Article, reasonable notice shall be defined as (1) not less than five
business days for an Invitation for Bids and (2) not less than 21 calendar Days for a
Request for Proposals or a Request for Qualifications.
B. Public notice shall also be provided in a manner that is reasonable in the judgment of the
Procurement Agent in publications of limited circulation, with the intent to encourage
participation of as many qualified Businesses as reasonably possible, including
disadvantaged business enterprise firms.
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Section 3-3-18 Bid or Proposal Guarantee
The Procurement Agent may require a Bid or Proposal Guarantee be submitted with any and all
Bids or Proposals, and Performance Bonds and Payment Bonds be submitted prior to execution of
any Contract. The Procurement Agent may waive the Bid or Proposal Guarantee requirement if
he finds that the requirement will have a significant negative impact on the ability of
disadvantaged business enterprises to compete for Town purchases or if he determines, in his
reasonable discretion, that such waiver is in the Best Interests of the Town.
Section 3-3-19 Confidential Information
A. If a Person believes that a Bid, Proposal, Offer, or Specification contains information that
should be withheld from public disclosure, a statement advising the Procurement Agent of
this belief and the basis for exemption from such disclosure shall accompany this
submission and the information shall be specifically identified wherever it appears.
B. The Procurement Agent shall make a determination whether the information shall be
subject to public disclosure and shall advise in writing the party submitting the information
of the final determination.
C. All information contained in the Proposals shall be deemed as temporarily exempt from
public disclosure based on the Town’s need to avoid disclosure of contents prejudicial to
competing Offerors during the process of negotiation. The Proposals shall not be open for
public inspection until after Contract award. Except to the extent the Offeror designates,
and the Town concurs, trade secrets or other proprietary Data contained in the Proposal
shall remain exempt from public disclosure only to the extent permitted by law.
Section 3-3-20 Invitation for Bids
A. All Contracts of the Town shall be awarded by competitive sealed bidding except as
otherwise provided in this Article or the Procurement Policy.
B. An Invitation for Bids shall be issued and shall include Specifications and all contractual
terms and conditions applicable to the Procurement.
C. Bids shall be by sealed Proposals only and under such regulations as may be prescribed by
the Procurement Agent. The Procurement Agent shall have the power to reject any or all
bids, and to advertise for bids again.
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D. Bids shall be opened publicly in the presence of one or more witnesses at the time and
place designated in the Invitation for Bids. The amount of each Bid, and such other
relevant information as the Procurement Agent deems appropriate, together with the name
of each bidder, shall be recorded; the record of Bids shall be open to public inspection
immediately, but individual Bids shall be open to public inspection only after the Contract
is awarded.
E. Bids shall be unconditionally accepted without alteration or correction, except as
authorized by this Article. Bids shall be evaluated based upon the requirements set forth
in the Invitation for Bids, which may include criteria to determine acceptability such as
inspection, testing quality, workmanship, delivery and suitability for a particular purpose.
Those criteria that will affect the Bid Price and be considered in evaluation for award shall
be objectively measurable, such as discounts, transportation costs and total or life cycle
costs. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria
may be used in Bid evaluation that is not set forth in the Invitation for Bids, this Article or
the Procurement Policy.
F. Correction or withdrawal of inadvertently erroneous bids before or after Bid Opening, or
cancellation of awards or Contracts based on such bid mistakes, may be permitted where
appropriate at the Town’s sole discretion. After Bid Opening, no changes in Bid Prices or
other provisions of bids prejudicial to the interest of the Town or fair competition shall be
permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may
be permitted to withdraw its bid in the sole discretion of the Town and only if one of the
following occurs:
1. The mistake is clearly evident on the face of the bid document but the intended
correction bid is not similarly evident.
2. The bidder submits evidence that clearly and convincingly demonstrates that a
mistake was made. All decisions to permit the correction or withdrawal of bids, or
to cancel award or Contracts based on bid mistakes, shall be supported by a written
determination made by the Procurement Agent.
G. The Contract shall be awarded to the Offeror that is determined to be a Responsive Bidder
and a Responsible Bidder and whose bid (1) is the lowest cost and (2) meets the
requirements and criteria set forth in the Invitation for Bids. The amount of applicable
transaction privilege or use tax of the Town shall be included in the bid prices and shall not
be a factor in determining the net lowest bid. In the event the lowest responsive and
responsible Bid for a Construction project exceeds available funds as certified by the
Procurement Agent, and such bid does not exceed such funds by more than five percent,
the Procurement Agent is authorized, when time or economic considerations preclude
re-solicitation of work of a reduced scope, to negotiate an adjustment of the Bid Price with
the low Responsive Bidder and Responsible Bidder in order to bring the bid within the
amount of available funds. Any such negotiated adjustment shall be based only upon
eliminating independent deductive items specified in the Invitation for Bids.
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H. When it is considered impractical to initially prepare a purchase description to support an
award based on Price, an Invitation for Bids may be issued requesting the submission of
unpriced offers to be followed by an Invitation for Bids limited to those bidders whose
offers have been determined to be technically acceptable under the criteria set forth in the
first Solicitation.
I. All Vendors and contractors must be in compliance, at the time set for opening the bid,
with all applicable (1) state, federal and county laws, rules and regulations and (2) Town
codes, ordinances and regulations.
Section 3-3-21 Request for Proposals
A. When the Procurement Agent determines that the use of competitive sealed bidding is
either not practicable or not advantageous to the Town, a Contract may be entered into by
use of the competitive sealed Proposals or other approved methods that are defined as a
Request for Proposals.
B. Proposals shall be solicited through a written Request for Proposals.
C. Proposals shall be submitted at the time and place designated in the Request for Proposals.
D. As provided in the Request for Proposals, discussions may be conducted with Responsible
Offerors who submit Proposals determined to be reasonably susceptible to being selected
for award for the purpose of clarification to ensure full understanding of, and
responsiveness to, the Solicitation requirements. Offerors shall be accorded fair treatment
with respect to any opportunity for discussion and revision of Proposals and such revisions
may be permitted after submissions and before the award for the purpose of obtaining best
and final offers. In conducting discussions, there shall be no disclosure of any
information derived from Proposals submitted by competing proposers.
E. The award shall be made to the Offeror that is determined to be a Responsible Offeror and
a Responsive Offeror whose Proposal is determined, in writing, to be the most
advantageous to the Town and best meets the overall needs of the Town taking into
consideration only the evaluation factors set forth in the Request for Proposals. The
Request for Proposals shall state the relative importance of Price and other evaluation
factors; specific numerical weighing is not required. The amount of applicable
transaction privilege or use tax of the Town shall be included in the bid prices and shall not
be a factor in determining the net lowest bid.
F. The Contract file shall contain the basis upon which the award is made.
G. All Vendors and Contractors must be in compliance, at the time set for opening the
Proposal, with all applicable (1) state, federal and county laws, rules and regulations and
(2) Town codes, ordinances and regulations.
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Section 3-3-22 Withdrawal or Cancellation of Bids or Proposals
A. Prior to opening of the bids or Proposals, the Invitation for Bids or the Request for
Proposals may be delayed or canceled, or any or all bids or Proposals may be rejected, in
whole or in part, by the Procurement Agent, when determined to be in the Best Interests of
the Town.
B. After opening of the bids or Proposals, the Procurement Agent may reject all bids or
Proposals.
C. A bidder or proposer may withdraw its bid at any time prior to Bid Opening or the deadline
for receipt of the bid or Proposal by delivering written notice to the Procurement Agent.
Section 3-3-23 Retention of Professional Services; Requests for Qualifications
A. Technical Registrants. The Town shall procure Professional Services from technical
registrants in the manner prescribed in ARIZ. REV. STAT., Title 34, Chapter 6, as amended.
For purposes of this Article, the term “technical registrant” means a Person who provides
any of the Professional Services listed in ARIZ. REV. STAT., Title 32, Chapter 1, as
amended, and includes, but is not limited to, architects, assayers, engineers, geologists,
land surveyors and landscape architects.
B. Professional Legal Services. Legal counsel services may be procured by direct selection,
Request for Proposals or Requests for Qualifications processes. If defense counsel is not
assigned by the Town’s risk carrier, the Town Attorney shall recommend to the Council
such persons or firms to provide direct defense of any claim made against the Town. Such
legal counsel services shall be procured by direct selection.
C. Other Professional Services. The Town may procure Professional Services by soliciting
statements of qualifications for providing such services. The Town may procure such
Professional Services by direct selection pursuant to the administrative regulations
promulgated by the Procurement Agent, subject to the limitations in ARIZ. REV. STAT.,
Title 34, as amended. Contracts for Professional Services not exceeding $30,000.00 shall
be approved by the Procurement Agent. Contracts for Professional Services exceeding
$30,000.00 shall be approved by the Council. If determined by the Procurement Agent to
be inappropriate for direct selection, Professional Services shall be procured through the
use of statements of qualifications as follows:
1. The Procurement Agent shall give adequate notice of the need for such services
through a Request for Qualifications. The request shall describe the services
required, list the types of information and Data required of each Offeror and state
the relative importance of particular qualifications.
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2. Persons engaged in providing the designated types of Professional Services may
submit statements of qualifications in providing such Professional Services.
3. The Procurement Agent may appoint a committee to review qualifications. If
appointed, the committee shall consist of the Procurement Agent and one or more
professionals licensed, registered or admitted to the profession that is the subject of
the Procurement. Discussions with Offerors who submit Proposals may be
conducted to determine qualifications for further consideration. Award shall be
made to the Offeror determined, in writing, to be the best qualified. Compensation
shall be negotiated after an award is made.
4. The Procurement Agent shall conduct negotiations with the Offeror determined to
be the most qualified to establish fair and reasonable compensation. If
compensation cannot be agreed upon with the best qualified Offeror, then
negotiations will be formally terminated with the selected Offeror. If Proposals
were submitted by one or more other Offerors determined to be qualified,
negotiations may be conducted with such other Offeror or Offerors, in the order of
their respective qualification ranking, and the Contract may be awarded to the
Offeror then ranked best qualified if the amount of compensation is determined to
be fair and reasonable.
5. The Contract award shall be made to the Offeror determined in writing by the
Procurement Agent or authorized designee to be best qualified based upon (a) the
evaluation factors set forth in the Request for Qualifications and (b) agreement
between the Town and the Offeror as to fair and reasonable compensation.
Section 3-3-24 Construction Contracts
All Construction Contracts for public improvement projects shall be awarded in accordance with
ARIZ. REV. STAT., Title 34, as amended. If public competitive bidding is not required pursuant to
ARIZ. REV. STAT. § 34-201(C) or (D), as amended, then the requirements of this Article shall
apply. In the event of a conflict between this Chapter and ARIZ. REV. STAT., Title 34, as amended,
the provisions of Title 34 shall govern.
Section 3-3-25 Emergency Procurements
A. Notwithstanding any other provisions of this Article, upon declaration of an Emergency in
the manner provided by law, the Procurement Agent may make or authorize Emergency
Procurements based upon a threat to the public health, welfare, property or safety. Such
Emergency Procurements shall be made with such competition as is practicable under the
circumstances. The written determination for the Emergency and the selection of the
Contractor shall be included in the Contract file.
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B. The Town department seeking an Emergency Procurement shall prepare a written
requisition documenting the existence of an Emergency condition and explaining the
Procurement need. The requisition shall be signed by the department director.
C. An Emergency Procurement shall be limited to those Materials, Services or Construction
reasonably necessary to satisfy the Emergency need.
D. All Emergency Procurements shall be approved by the Procurement Agent, unless
submitted with a copy of the resolution adopted by the Council declaring an Emergency
and authorizing the Emergency Procurements.
E. The Procurement Agent has the authority to enter into Emergency Procurement Contracts
that are not more than $30,000.00 and based upon the Best Interests of the Town, taking
into account factors such as need, availability and other relevant Town requirements. The
Council shall have the authority to authorize the Mayor or Procurement Agent to execute
Emergency Procurement Contracts in excess of $30,000.00. Such Emergency
Procurement shall be exempt from the competitive requirements of this Article.
Section 3-3-26 Sole Source Procurement
A Procurement may be made or Contract awarded by the Procurement Agent without competition
when the requesting department director determines in writing, after conducting a good faith
review of available sources, that there is only one reasonable and practicable source for the
required Materials or Service. The requesting department shall provide written evidence to
support a sole source determination, which shall be approved or denied by the Procurement Agent
in his sole discretion. The Procurement Agent will participate with the requesting department in
conducting negotiations, as appropriate, relating to Price, delivery and terms. Sole source
Procurement shall be avoided, except when no reasonable alternative sources exist. A record of
sole source procurements shall be maintained as a public record.
Section 3-3-27 Cooperative Purchasing
A. The Procurement Agent shall have the authority to (1) participate with a state, other
political subdivisions of a state and the federal government for the Procurement of
Materials or Services with Cooperative Purchasing agreements including through on-line
Procurement processes such as “Buy Hub” and (2) directly enter into agreements with
Vendors who have been awarded Contracts with other governmental entities for Materials
and Services, provided the Procurement methods of the other party comply with the intent
of this Article.
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B. If a Procurement under this Section involves the expenditure of state or federal assistance
or Contract monies, the Procurement Agent shall comply with state or federal law and
regulations which are mandatory and which are not reflected in this Article or guidelines
adopted by the Town. It shall be the responsibility of the requesting department to
provide the Procurement Agent with the applicable acquisition requirements concurrent
with its requisition.
Section 3-3-28 Protests; Informal and Formal
A. Any Interested Party to a Contract may protest (1) a Solicitation issued by the Town, (2) a
proposed award of a Town Contract, (3) the rejection of a request for changes, including a
Change Order or (4) Debarment from the Procurement process of the Town, by filing an
informal protest.
B. Protests shall be filed with the Procurement Agent within five Days from the time the
alleged instance occurred. The Procurement Agent will make the initial contact in an
attempt to resolve the matter.
C. The Procurement Agent shall render a decision in writing within 15 Days from the date the
informal protest is filed. Copies of the decision shall be furnished to all interested parties
by first class mail at the last address on file with the Town. If the Procurement Agent fails
to render a decision within the required period, the informal protest shall be deemed denied
and a formal protest may be filed.
D. After conclusion of the informal protest process, any Interested Party to a Contract may file
a formal appeal protesting (1) a Solicitation issued by the Town, (2) a proposed award of a
Town Contract, (3) the rejection of a request for changes, including a Change Order, (4)
Debarment from the Procurement process of the Town or (5) denial of an informal protest,
by filing a formal protest in the manner provided by this Section.
E. A formal protest shall be in writing signed by an authorized party, containing their name,
address and telephone number, identification of the Contract, a detailed statement of the
legal and factual grounds of the protest, including copies of all relevant documents and the
specific relief requested.
F. The formal protest shall be filed within five business days following (1) the decision of the
Procurement Agent on an informal protest or (2) the end of the 15-Day informal protest
process, if no decision was issued.
G. The formal protest shall be heard by a hearing officer appointed by the Procurement Agent
for such purposes within ten business days after filing of the formal protest, unless
extended by the hearing officer.
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H. The hearing officer (i) may (a) reject the protest in whole or in part or (b) sustain the protest
in whole or in part and (ii) shall provide for an appropriate remedy as follows:
1. In determining an appropriate remedy, the hearing officer shall consider the
circumstances surrounding the Procurement or proposed Procurement including,
but not limited to the seriousness of the Procurement deficiency, the degree of
prejudice to other interested parties or to the integrity of the Procurement system,
the good faith of the parties, the extent of performance, costs to the Town, the
urgency of the Procurement and the impact of the relief upon the Town.
2. An appropriate remedy may include one or more of the following:
a. Decline to exercise an option to renew under the Contract.
b. Direct the Town to terminate the Contract award.
c. Direct the Town to reissue the Solicitation.
d. Direct the Town to issue a new Solicitation.
e. Direct the Town to award a Contract consistent with Town codes and
policies.
f. Such other relief as is determined necessary to ensure compliance with this
Article.
Section 3-3-29 Debarments and Suspensions
The Procurement Agent has the sole authority to debar or suspend a Vendor from participating in a
Town Procurement. The Vendor may be suspended or debarred based upon the following
factors:
A. The Vendor does not have sufficient financial ability, equipment or personnel to perform
the Contract.
B. The Vendor has repeatedly breached contractual obligations to public or private agencies.
C. The Vendor fails to comply with the requests of a background investigation.
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Section 3-3-30 Acceptance of Work Completed
A. Notice of Acceptance. When a contracting party providing Materials or Services to the
Town makes a request for acceptance by the Town of work as completed, the Procurement
Agent shall indicate acceptance on behalf of the Town on a certificate of final completion
or other form designated for that purpose. Until the notice of acceptance is issued, no
public work completed on behalf of the Town shall be considered as the property of the
Town, and the Town shall assume no responsibility therefore.
B. Release of Retainage; Conditions. The Town shall not release any funds due but which
are held as retainage until the Contract administrator is satisfied that the work has been
completed in accordance with the Specifications of the Contract.
Section 3-3-31 Attestation of Contracts by Town Clerk
All Contracts entered into by the Town shall be attested to by the Town Clerk and shall not be
binding on the Town until so attested. The Town Clerk shall retain the original of all Contracts
and agreements according to the retention schedule adopted by the Council and shall provide to the
Procurement Agent such documents as are necessary for orderly administration of the Town’s
business.
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Article 3-4
DISPOSITION OF PROPERTY
Sections:
3-4-1 In General
3-4-2 Definitions
3-4-3 Property Administrator
3-4-4 Sale, Lease or Disposal of Surplus or Obsolete Town or Personal Property
3-4-5 Unclaimed Personal Property
3-4-6 Disposition of Real Property
Section 3-4-1 In General
No property belonging to the Town shall be disposed of except in accordance with this Code and
such rules as the Council may adopt pursuant to this Code.
Section 3-4-2 Definitions
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
A. “Disposition” means the sale, lease or other means of divestiture of title or the right to
possession of any property belonging to the Town.
B. “Personal Property” means property which is tangible and movable without damage, but
may include fixtures attached to Real Property.
C. “Property Administrator” means the Town Manager or designee assigned as custodian of
all property belonging to the Town.
D. “Real Property” means property consisting of land or structures affixed to land.
Section 3-4-3 Property Administrator
The Town Manager shall serve as the Property Administrator for the Town and shall have custody
of all property, real or personal, belonging to the Town. The Town Manager may designate some
other employee of the Town as Property Administrator, and such designee shall report to the Town
Manager. The Property Administrator shall maintain a complete and current inventory of the
property of the Town, which inventory shall be available for public review.
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Section 3-4-4 Sale, Lease or Disposal of Surplus or Obsolete Town or Personal Property
The Town shall have the right to sell, lease, exchange, donate or otherwise dispose of Town
property in the Best Interests of the Town. The disposal of surplus or obsolete property shall be
done in as competitive a manner as the Town Manager or authorized designee determines to be
practicable.
Section 3-4-5 Unclaimed Personal Property
A. Personal Property shall be deemed abandoned if the owner thereof fails to make
satisfactory claim and proof of ownership within 30 days after the giving of notice as
provided below.
B. The Town Manager or authorized designee having in his possession Personal Property
shall from time to time prepare a notice in writing containing the following information:
1. Contact information for the Town Employee responsible for the property.
2. A description of the Personal Property that has come into the possession of the
Town since giving of the last periodic notice.
3. A demand that all owners of the property described in the notice make claim and
proof of ownership satisfactory to the Town Manager or authorized designee within
30 days from the date of the notice.
4. A statement that any of the described Personal Property not claimed within such
30-Day period shall be deemed to be abandoned, and that the same may be sold at
public auction or otherwise disposed of in accordance with this Article.
5. The notice shall be published in a newspaper of general circulation in the Town at
least once each week for two consecutive weeks and copies thereof shall be posted
in three public places within the corporate limits of the Town, including the Town’s
website, and a copy of such notice shall be mailed to the owner, if known, at his/her
last known mailing address.
C. Claim and proof of ownership.
1. Except as provided in this Article, if the Personal Property described in the notice in
Subsection 3-4-5(B) above remains in the possession of the Town Manager or
authorized designee without any person making satisfactory claim and proof of
ownership therefor for a period of 30 days from the date of the notice provided as
set forth in Subsection 3-4-5(B), the Personal Property shall be deemed to be
abandoned, and title thereof shall be deemed to be in the Town by reason of
abandonment by the owner and possession by the Town.
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2. When dealing with property that is lost, found by a person not the owner
(hereinafter referred to as the “finder”) and then turned over to the Town, the finder
shall be deemed to have made satisfactory claim and proof of ownership to be
entitled to possession of the Personal Property at the end of 30 Days from the date
of the notice in Subsection 3-4-5(B). However, the finder’s claim and proof of
ownership under this Subsection shall be inferior to and subject to a satisfactory
claim and proof of ownership by any owner of the Personal Property.
3. Upon delivery of the property to the finder as provided in this Section, the Town
shall have no further interest in, or obligations with respect to, the property. The
Town shall, however, provide the name and address of the finder and the location
of the property, if known, to any person making a satisfactory claim and proof of
ownership subsequent to the delivery of the property to the finder.
D. Any abandoned Personal Property may, at the election of the Town, be (i) donated to a
non-profit charitable entity or other governmental entity or (ii) sold at public auction
(which may include an on-line auction) to the highest bidder after ten days’ notice given in
the same manner as provided in Subsection 3-4-5(B) above, which notice shall contain the
following information:
1. Contact information for the Town Employee responsible for the property.
2. A description of the property to be sold.
3. The date, time, place of the sale and the person to conduct the same.
4. A statement that the described Personal Property is deemed to be abandoned and
that the same will be sold at public sale to the highest cash bidder.
E. The sale provided for herein shall be at public auction (which may include an on-line
auction) to the highest bidder for cash, but in no event shall any item be sold for less than
the cost of advertising and selling. The Town reserves the right to reject any and all bids.
F. The Town Manager or authorized designee conducting the sale shall maintain a complete
and accurate record of the sale which shall include the description of the Personal Property
sold, the name and address of the purchasers, the sale price of each item sold and the costs
of the sale.
G. The Town Manager or authorized designee conducting the sale shall execute and deliver or
cause to be delivered a certificate of sale to the purchaser of each item of Personal Property,
which certificate shall describe the item in the same manner as the notice of sale and shall
recite the purchase price paid, the name and address of the purchaser and the date of the
purchase. Such certificate shall pass the title to the item to the purchaser.
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H. All moneys received from sales of Personal Property as provided for in this Article shall be
immediately paid over to the Town finance division and retained in a separate account for
at least six months. Upon the expiration of such time, unless sooner claimed as herein
provided, such moneys shall be paid into the general fund of the Town.
I. Should any person within six months from the date of the public sale of any item of
Personal Property make a valid claim thereto and establish ownership, the sum of money
for which the item sold shall be paid over to such person, less the costs of advertising and
selling. In no event shall any claim be considered unless it shall be presented to the Town
Manager in writing under oath and before the expiration of six months from the date of the
sale of the item claimed. Once such amounts are paid by the Town, the Town shall have
no further obligation relating to the property.
J. Items for which no bids are received may be deemed to be of no intrinsic or monetary value
and may be disposed of in any manner deemed appropriate by the Town Manager.
K. Items useful or necessary to the Town may be retained by the Town for its use.
L. Each person performing any action provided for in this article shall make affidavit thereof
which shall be prima facie evidence of the facts alleged in the affidavit.
Section 3-4-6 Disposition of Real Property
A. Limitations. No sale or other Disposition of Real Property belonging to the Town shall be
final until approved by a majority vote of the Council and all documents pertaining thereto
shall be executed by the Mayor or Town Manager and attested by the Town Clerk. If the
value of the property exceeds the amount set forth in ARIZ. REV. STAT. § 9-403(A), as
amended, the sale shall first be authorized at an election held pursuant to ARIZ. REV. STAT.
§ 9-403.
B. Advertisement; Bids. No Real Property belonging to the Town shall be sold or otherwise
disposed of except as provided in ARIZ. REV. STAT. § 9-402 et seq., as amended. The
Town shall have the right to reject any and all bids, to withdraw the property from sale
prior to sale and to readvertise for sale.
C. Appraisal Prior to Sale. Prior to the sale of any Real Property, the Town shall obtain one
or more appraisals of value from one or more disinterested parties. Such appraisal(s) shall
form the basis for valuation of the property to be sold.
D. Sale; Lease; Exchange. The Town may exchange, sell or lease Real Property to the
federal government or another political subdivision pursuant to the procedures specified in
ARIZ. REV. STAT. § 9-405 and § 9-407, as amended.
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Article 3-5
CIVIL PREPAREDNESS AND DISASTER
Sections:
3-5-1 Purposes
3-5-2 Definitions
3-5-3 Civil Preparedness Organization
3-5-4 Powers and Duties
3-5-5 Mutual Aid
3-5-6 Immunity of Town and Representatives Thereof
3-5-7 Violations
Section 3-5-1 Purposes
The purposes of this Article are to:
A. Reduce vulnerability of people and the community to damage, injury and loss of life and
property resulting from natural or man-made catastrophes, riots or hostile military or
paramilitary action.
B. Prepare for prompt and efficient rescue, care and treatment of persons victimized or
threatened by Disaster.
C. Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of
persons and property affected by Disasters.
D. Clarify and strengthen the roles of the Mayor, Council, Town Manager and Town agencies
in prevention of, preparation for and response to and recovery from Disasters.
E. Authorize and provide for cooperation in Disaster prevention, preparedness, response and
recovery.
F. Authorize and provide for coordination of activities relating to Disaster prevention,
preparedness, response and recovery by agencies and officers of this Town, agencies of the
private sector and similar activities in which the federal government, the state and its
political subdivisions may participate.
G. Provide a Disaster management system embodying all aspects of pre-disaster preparedness
and post-disaster response.
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Section 3-5-2 Definitions
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
A. “Civil Preparedness” means the organization, administration, trained manpower, facilities,
equipment, material, supplies, programs, Emergency plans, ability to execute Emergency
plans and all other measures necessary and incidental thereto relating to Disaster
prevention preparedness response and recovery by all governmental and private sector
agencies to protect or save health, life or property.
B. “Director” means the Town Manager or authorized designee.
C. “Disaster” means the occurrence or imminent threat of widespread or severe damage,
injury or loss of life or property or extreme peril to the safety of persons or property,
resulting from any natural or manmade causes, including but not limited to fire, flood,
earthquake, wind, storm, blight, drought, famine, infestation, air contamination, epidemic,
explosion, riot or other acts of civil disobedience which endanger life or property, or
hostile military or paramilitary action.
D. “Emergency” means the existence of a Disaster within the Town limits requiring
immediate action by the Emergency Forces of the Town.
E. “Emergency Forces” means all Town governmental and private sector agencies,
volunteers, facilities, equipment, trained manpower and other resources required to
perform Civil Preparedness functions.
F. “Local Emergency” means the existence of a Disaster within the Town limits, and the
situation is or is likely to be beyond the capability and resources of the Town as determined
by the Mayor and which requires the combined efforts of other political subdivisions.
G. “Regulations” means the orders, rules and Emergency procedures deemed essential for
Civil Preparedness.
H. “State of Emergency” means the duly proclaimed existence of a Disaster within the state
except a Disaster resulting in a State of War Emergency which is or is likely to be beyond
the capabilities and resources of any single county, city or town and requires the combined
efforts of the state and the political subdivision.
I. “State of War Emergency” means the situation which exists immediately whenever this
nation is attacked or upon receipt by this state of a warning from the federal government
indicating that such an attack is imminent. Local Emergency” means the existence of a
Disaster within the Town limits, and the situation is or is likely to be beyond the capability
and resources of the Town as determined by the Mayor and which requires the combined
efforts of other political subdivisions.
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Section 3-5-3 Civil Preparedness Organization
The Town Manager is hereby authorized and directed to create a Civil Preparedness organization
and shall serve as the Director of the organization until he appoints a qualified professional to act
in this capacity.
Section 3-5-4 Powers and Duties
A. The Council:
1. Shall have the power to make, amend and rescind Regulations, not inconsistent
with Regulations promulgated by the Governor, necessary for Civil Preparedness,
which Regulations shall have the full effect of this Article when a copy is filed in
the office of the Town Clerk. Existing ordinances and regulations, or ordinances
and regulations issued under authority of ARIZ. REV. STAT., Title 26, Chapter 2, in
conflict therewith, are suspended during the time and to the extent that they are in
conflict.
2. May appropriate and expend funds, make contracts, obtain and distribute
equipment, materials and supplies for Civil Preparedness purposes.
3. In the absence of specific authority in state emergency plans and procedures, the
Council shall take emergency measures as deemed necessary to carry out the
provisions of ARIZ. REV. STAT., Title 26, Chapter 2.
4. In a State of War Emergency the Council may waive procedures and formalities
required by law pertaining to the performance of public work, entering into
contracts, incurring obligations, employing permanent and temporary workers,
utilizing volunteer workers, renting equipment, purchasing and distributing
supplies, materials and facilities and appropriating and expending public funds
when the Council determines and declares that strict compliance with such
procedures and formalities may prevent, hinder or delay mitigation of the effects of
the State of War Emergency. The Town shall be exempt during such Emergency
from budget limitations prescribed by Article IX, Section 20 of the State
Constitution.
B. The Mayor:
1. In addition to the powers granted by other provisions of the law or Town ordinance,
the Mayor may, by proclamation, declare an Emergency or a Local Emergency to
exist. The proclamation may be rescinded by a majority of the Council after
twenty-four hours.
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2. During an Emergency or Local Emergency, the Mayor shall govern by
proclamation and shall have the authority to impose all necessary Regulations to
preserve the peace and order of the Town including, but not limited to:
a. Imposition of curfews in all or in a portion of the Town.
b. Ordering the closing of any business.
c. Denying public access to any public building, street or other public place.
d. Calling upon regular or auxiliary law enforcement agencies and
organizations within or without the Town for assistance.
C. The Director:
1. The Director is responsible in non-emergency periods to act on behalf of the Mayor
and Council to develop a readiness plan for the Town’s Civil Preparedness and for
coordinated operations in Disaster situations.
2. During emergencies, the Director shall act as the principal advisor or aide to the
Mayor on Emergency operations. His major responsibility is to assure
coordination among Emergency Forces and with higher and adjacent governments,
by assuring that the Emergency operation center functions effectively. He shall
assist the Mayor in the execution of operations, plans and procedures required by
the Emergency.
3. The Director shall prepare a comprehensive Disaster basic plan which shall be
adopted and maintained by resolution of the Council upon the recommendations of
the Director. In the preparation of this plan as it pertains to Town organization, it
is the intent that the services, equipment, facilities and personnel of all existing
departments and agencies be used to the fullest extent.
4. The Disaster plan shall be considered supplementary to this Article and have the
effect of law whenever emergencies, as defined in this Article, have been
proclaimed.
Section 3-5-5 Mutual Aid
In periods of Local Emergency, as declared pursuant to this Article, the Town is hereby granted
full power to provide mutual aid to any affected area in accordance with local ordinances,
resolutions, emergency plans or agreements therefore. The Town may request from state
agencies mutual aid including personnel, equipment and other available resources to assist the
Town during the Local Emergency in accordance with emergency plans or at the direction of the
Governor.
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Section 3-5-6 Immunity of Town and Representatives Thereof
A. The Town shall not be liable for any claim based upon the exercise or performance, or the
failure to exercise or perform a discretionary function or duty on the part of the Town or
any employee of the Town, except willful misconduct, gross negligence or bad faith of any
such employee, in carrying out the provisions of ARIZ. REV. STAT., Title 26, Chapter 2.
B. The immunities from liability, exemptions from laws, ordinances and rules, all pensions,
relief, disability workmen’s compensation and other benefits which apply to the activity of
officers, agents or employees of the Town when performing their respective functions
within the limits of the Town shall apply to them to the same degree and extent while
engaged in the performance of any of their functions and duties extraterritorially under the
provisions of this Article, excepting willful misconduct, gross negligence or bad faith.
C. Volunteers duly enrolled or registered for services in a Local Emergency, a State of
Emergency or a State of War Emergency in carrying out, complying with or attempting to
comply with, any Regulations issued pursuant to ARIZ. REV. STAT., Title 26, Chapter 2 or
any local ordinance, or performing any of their authorized functions or duties, or training
for the performance of their authorized functions or duties, shall have the same degree of
responsibility for their actions and enjoy immunities as officers and employees of the state
and its political subdivisions performing similar work.
Section 3-5-7 Violations
It is unlawful for any person to violate any provision of this Article or to refuse or willfully neglect
to obey any lawful regulation or order issued as provided in this Article. This provision, however,
does not apply to the refusal of any private organization or members thereof to participate in an
Emergency, Local Emergency or State of Emergency as defined by this Article.