HomeMy WebLinkAboutOrd 1996-44 ORDINANCE 96-44
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE,
CHAPTER 3,ADMINISTRATION,ARTICLE 3-3,PURCHASING,SECTION
3-3-7, LOWEST RESPONSIBLE BIDDER AND BY ADDING A NEW
SECTION 3-3-14, LOCAL PREFERENCE; REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code Chapter 3, Administration, Article 3-3, Purchasing, Section 3-3-
7, Lowest Responsible Bidder, is hereby amended to read as follows:
Unless the council or the purchasing director, as appropriate, shall exercise the right of
rejection, all goods and services in an amount in excess of$5,000 shall be awarded to the
lowest responsible bidder, except as provided in SectionS 3-3-8 3-3-9, 3-3-10, 3-3-13 AND
3-3-14. In determining the lowest responsible bidder, the council or the purchasing director
shall consider:
A. The ability, capacity and skill of the bidder to perform the contract or provide the
service required in a timely manner.
B. The quality of performance in previous contracts with the town together with
previous and existing compliance with the ordinances of the town.
C. The financial resources and ability of the bidder.
D. The quality, availability and adaptability of the goods or service.
Section 2. That the Town Code Chapter 3, Administration, Article 3-3, Purchasing, is hereby
amended by adding a new Section, 3-3-14, Local Preference, to read as follows:
SECTION 3-3-14 LOCAL PREFERENCE
IN AWARDING CONTRACTS FOR SUPPLIES, EQUIPMENT AND CONTRACTUAL
SERVICES OF AN ESTIMATED VALUE LESS THAN TEN THOUSAND DOLLARS
($10,000), THE CONTRACT SHALL BE AWARDED TO BIDDERS WHO HAVE HAD
BOTH A PLACE OF BUSINESS LOCATED WITHIN THE MUNICIPAL LIMITS OF
THE TOWN OF FOUNTAIN HILLS AND A BUSINESS LICENSE ISSUED BY THE
TOWN OF FOUNTAIN HILLS FOR A PERIOD OF NOT LESS THAN TWELVE (12)
MONTHS PRIOR TO THE DATE OF AWARD OF THE CONTRACT IN PREFERENCE
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TO COMPETING BIDDER WHENEVER THE BID OF THE COMPETING BIDDER OF
EQUIVALENT QUALITY AND SUITABILITY IS LESS THAN FIVE PERCENT (5%)
LOWER. THIS PREFERENCE SHALL NOT BE USED WHERE STATE LAW OR ANY
APPLICABLE FEDERAL LAW OR REGULATION FORBIDS THE GRANTING OF
SUCH PREFERENCE OR REQUIRES ANOTHER METHOD FOR COMPETITIVE
BIDDING. THIS SECTION SHALL NOT APPLY TO CONTRACTS FOR
PROFESSIONAL SERVICES PURSUANT TO THIS ARTICLE, NOR TO PURCHASES
MADE PURSUANT TO SECTIONS 3-3-9, 3-3-10, AND 3-3-13 OF THIS ARTICLE.
Section 2. All ordinances and parts of ordinance and/or provisions of the Town of Fountain Hills
Code which are in conflict with the provisions of this ordinance are hereby repealed.
Section 3. If any section, sub-section, sentence, phrase, clause, or portion of this ordinance or
any part of the Code adopted herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect
the validity of the remaining portion thereof.
PASSED AND ADOPTED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, THIS 7TH DAY OF NOVEMBER, 1996.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
ett,41AdA3
Jerry ' es, May Cassie B. Hansen, own Clerk
REVIEWED BY: APPROVED AS TO FORM:
,d4'k (
aul L. Nordin, Town Manager William E. Farrell, Town Attorney
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