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HomeMy WebLinkAboutOrd 1998-27 ORDINANCE 98-27 L.. 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 BY AMENDING SECTION 3-3-2, COUNCIL APPROVAL; WHEN REQUIRED, SECTION 3-3-5, PURCHASES IN GENERAL; BIDS,SECTION 3-3-7,LOWEST RESPONSIBLE BIDDER, SECTION 3-3-12, PURCHASE ORDERS, AND ARTICLE 3-5, CONTRACT ADMINISTRATION BY AMENDING SECTION 3-5-2; CHANGE ORDERS AND AMENDMENTS, BY DELETING SECTION 3-5-3, REQUEST FOR PROPOSAL; AMENDMENTS, AND RENUMBERING ARTICLES 3-5-4 AND 3-5-5 ALL DEALING WITH INCREASING THE PURCHASING AUTHORITY AND ALTERING THE PROCEDURES REQUIRED FOR BIDDING. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town Code of the Town of Fountain Hills, Chapter 3, Administration, Lor Article 3-3, Purchasing, is hereby amended as follows: CHAPTER 3,ADMINISTRATION ARTICLE 3-3 PURCHASING Section 3-3-2 Council Approval; When Required No purchases shall be made by or on behalf of the town without first obtaining council approval in the following instances: A. Where prior approval is required by this code; B. Where the purchase of the item is not provided in the budget as adopted; C. Where the funds for the purchase are not provided in the budget as adopted; D. For the expenditure of funds in an amount in excess of five-thousand-dollars TWENTY THOUSAND DOLLARS. ORDINANCE 98-27 cPAS FAIL 9'3— l-g OTION ..�. SECOND 01C.: COUNT _ _ , Section 3-3-5 Purchases In General; Bids A. Purchases under$-1,090$2,000. Whenever the contemplated purchase or contract for services is for a sum of less than$47000$2,000, the purchasing director may obtain the goods or services without further formality. B. $-1,000$2,000 to $5,000 inclusive. Whenever any contemplated purchase or contract for services is for the sum of at least$47900$2,000 but not more than $5,000, the purchasing director shall obtain at least three VERBAL quotes therefor, if possible. He may solicit quotes or advertise for quotes using the procedure provided in this article. Upon review of the quotes, he shall award the purchase or contract to the lowest responsible bidder. C. $5,000 TO $20,000 INCLUSIVE. WHENEVER ANY CONTEMPLATED PURCHASE OR CONTRACT FOR SERVICES IS FOR THE SUM OF AT LEAST$1,000$5,000 BUT NOT MORE THAN $20,000, THE PURCHASING DIRECTOR SHALL OBTAIN AT LEAST THREE VERBAL QUOTES THEREFOR, IF POSSIBLE. HE MAY SOLICIT QUOTES OR ADVERTISE FOR QUOTES USING THE PROCEDURE PROVIDED IN THIS ARTICLE. UPON REVIEW OF THE QUOTES, HE SHALL AWARD THE PURCHASE OR CONTRACT TO THE LOWEST RESPONSIBLE BIDDER. D. In Excess of 0440$20,000. No purchase or contract in an amount in excess of 5,000 $20,000 shall be awarded without prior council approval. The purchasing director shall present the bids obtained to the council and shall report to them on the need for the goods or service and the advantages or disadvantages of the contract and bid proposals. Section 3-3-7 Lowest Responsible Bidder 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 $20,000 shall be awarded to the lowest responsible bidder, except as provided in Sections 3-3-9, 3-3-10, 3-3-13 and 3-3-24. 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. ORDINANCE 98-27 Section 3-3-12 Purchase Orders A. In General. The purchasing director shall provide forms of purchase order which shall be used for the purchase of all goods and services for or on behalf of the town. B. Open Purchase Orders. Open purchase orders may be provided by the purchasing director for the routine purchase of regularly supplied items. An open purchase order shall be limited to a single source and shall not be valid for more than$1,500$5,000 in the aggregate. All open purchase orders shall expire at the end of the month FISCAL YEAR of issuance and the expiration date shall be plainly stated on the face thereof. Section 2. That the Town Code, Chapter 3, Administration, Article 3-5, Contract Administration, is hereby amended to read as follows: Section 3-5-2 Change Orders and Amendments A. No change order shall be approved nor shall any amendment or alteration of any executory contract become effective without the express approval of the contract administrator. Such approval shall be in the form of a rider or written amendment executed by the parties and attached to the original contract. B. The contract administrator shall have the authority to approve a change order in an amount which is the lesser of$5000$20,000 or ten percent of the total contract value without prior approval of the council. but shall report such change order to the council at its next regular meeting. C. Any change order, amendment or alteration GREATER THAN THE LESSER OF$20,000 OR TEN PERCENT OF THE TOTAL CONTRACT VALUE shall be furnished to the council for its review and, where required, its prior approval. Section-3-5-3 D est for Proposal. Amendments • f f Section 3-5-4-3 Acceptance of Work Completed A. Notice of Acceptance. When a contracting party providing goods or services to the town makes a request for acceptance by the town of work as completed,the contract administrator shall indicate acceptance on behalf of the town on a form designated for that purpose and shall notify the council of such acceptance. Until the notice of acceptance is issued, no ,. ORDINANCE 98-27 public work completed on behalf of the town shall be considered as the property of the town, and the town shall assume no responsibility therefor. 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 3-5-5 4 Attestation of Contracts by Town Clerk All contracts entered into by the town shall be attested 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 and shall provide to the contract administrator such documents as are necessary for orderly administration of the town's business. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 3rd day of September, 1998. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: (1619 egda4A. ,16 j)J4,1,t,a,1/4_) Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REV ED BY: APPROVED AS TO FORM: 4%...„._- ____- iKijoA:s. pericir, Paul L. ordin, Town Manager William E. Farrell, Town Attorney L ORDINANCE 98-27