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ORDINANCE NO. O24-50
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING
THE CODE OF THE CITY OF GLENDALE, CHAPTER 2
(ADMINISTRATION), ARTICLE V (FINANCIAL AFFAIRS),
DIVISION 2 (PURCHASING PROCEDURE, DIVISION 3 (SALE,
LEASE, ETC. OF CITY PROPERTY), AND DIVISION 3.1
(DISPOSAL OF SURPLUS OR OBSOLETE CITY PERSONAL
PROPERTY); AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is necessary to make certain changes to update the City Code for financial
affairs, purchasing requirements and procurement procedures; and
WHEREAS, it is in the best interests of the City and its citizens to increase the dollar threshold
for Formal Procurement Procedure to $100,000 to account for inflation since 2001, when the last
comprehensive updates were done; and
WHEREAS, it is in the best interests of the City and its citizens to provide a longer period of
time to appeal awards of formal procurements and to codify its bid protest and hearing procedure;
and
WHEREAS, it is in the best interests of the City and its citizens to clarify how the City
implements the requirements of Title 34 of the Arizona Revised Statutes to procure professional
services for construction and capital improvement projects;
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Glendale, Arizona,
as follows:
SECTION 1. That the Code of the City of Glendale, Chapter 2 (Administration), Article V (Financial
Affairs), Division 2 (Purchasing Procedure), is hereby amended to read as follows:
Sec. 2-136. Short title.
This division shall be known and may be cited as the "Purchasing Ordinance Procurement
Code of the City of Glendale, Arizona."
(Ord. No. 1233, § 3.102, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-137. Scope.
(a) This division shall apply to expenditures of public funds, regardless of source, including state
and federal assistance monies, by the city except that nothing in this division shall prevent the
city from complying with terms and conditions of any grant, gift, bequest, cooperative
agreement, or federal guideline. This division does not apply to contracts solicited or entered
into for construction projects.
(b) The provisions of this division are not applicable to the following types of procurements that by
their nature are not susceptible to the competitive bidding process and are therefore exempt from
this Procurement Code.
(1)
Professional witnesses or special investigative services for law enforcement purposes,
as such contracts provide for professional services or testimony relating to a filed or
anticipated administrative or judicial proceeding in which the City is or may become
a party;
(2)
Agreements negotiated by the City Attorney or Risk Manager in settlement of a claim
or claims, litigation or threatened litigation;
(3)
Worker's compensation payments for medical and related expenses;
(4)
Public utility purchases of water, power and related services; and
(5)
Contracts for legal services drawn under the supervision of the City Attorney.
(c)
The determination that procurements are exempt from this division shall be made by the
Finance Director in consultation with the City Attorney.
Sec. 2-138. Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
City personal property: Any equipment, supplies or products having been purchased by the city,
or obtained by reason of abandonment, confiscation, or donation.
City real property: Any vacant or developed parcel of land owned by the city.
Construction: The process of building, altering, improving, or demolishing any public structure
or building, or other public improvements of any kind to any public real property. It does not include
the operation, or preventative maintenance of existing structures, buildings, or real property.
Contract: A written agreement of the city, for the city, for the procurement of supplies goods or
services. The term includes, but is not limited to, contacts of a fixed price, cost, cost plus a fixed fee,
or incentive type; contracts providing for the issuance of job or task orders; leases, excluding leases
of City real estate; rentals; maintenance agreements; letter contracts; and purchase orders. The term
also includes supplemental agreements or amendments with respect to any of the foregoing.
Contract modification: Any written alteration in the terms and conditions of any contract
accomplished by mutual action consent of the parties to the contract.
Contractor: Any person having a contract with the city.
Cooperative purchasing: Procurement conducted by, or on behalf of, more than one (1) public
procurement unit.
Debarment: The disqualification of a vendor to receive invitations for bids or the award of a
contract by the city for a specified period of time, not to exceed three (3) years, commensurate with
the seriousness of the offense. resulting from conduct or failure or inadequacy of performance.
Emergency purchase: Procurement when supplies of goods or services that are needed for to
address a situation where the health, safety or welfare of the public is may be endangered if immediate
corrective or preventive action is not taken.
Finance director: Shall mean the Director of the Budget and Finance Department of the City, or
any successor City department with responsibility for over the budget, Finance financial or
procurement matters of the City, or his/her authorized designee.
Good: As provided in A.R.S. Section 47-2105, “goods” means all things (including specially
manufactured goods) which are movable at the time of identification to the contract for sale other
than the money in which the price is to be paid.
Invitation for bid: All documents including those attached or incorporated by reference, utilized
for soliciting bids.
Local vendor: A vendor having an office within the corporate limits of the city or within the
water and sewer service of the city.
Materials manager or manager: The person designated by the city manager as the materials
manager.
Open market procurement: Procedures used for procurement when formal purchase procedure
is not required.
Person: A natural person, firm, corporation, company, association, society, partnership,
consortium, joint venture, commercial entity, non-profit organization, governmental entity, political
subdivision or similar collection of individuals.
Procurement: The purchasing, renting, leasing, or otherwise obtaining any supplies, good or
service for the city. The term includes all functions that pertain to the obtaining of any supply, good
or service, including description of requirements, selection and solicitations of sources, preparation
and award of contract, and all phases of contract administration.
Request for proposal: All documents, including those attached or incorporated by reference,
utilized for soliciting proposals.
Responsible bidder or proposer: A bidder or proposer who that has the capability to perform
fully the contract requirements, and the reliability, which will to assure good faith performance.
Responsive bidder or proposer: A bidder or proposer who that has submitted a bid or proposal
which that conforms in material respects to the requirements of the solicitation.
Service: The furnishing of labor, time or effort by a contractor, not involving the delivery of a
specific end product other than reports which are merely incidental to the required performance. This
term does not include "professional services" such as architects, lawyers, certified public accountants,
consultants, appraisers, and engineers, or employment agreements or collective bargaining
agreements.
Shall: The words "shall," "will," and "must" all refer to mandatory actions.
Specification: Any description of the physical or functional characteristics, or of the nature of, a
supply, good or service item being procured. The term may include a description of any requirement
for inspecting, testing, or preparing a supply, good or service item for delivery.
Supply: All personal property, including equipment.
Surplus supplies: Any supplies no longer having any use to the city. This term includes obsolete,
scrap, and nonexpendable supplies that have completed their useful life cycle.
Suspension: An action taken to temporarily disqualify a person vendor or contractor from
participating in a city procurement. A suspension is limited to a twelve-month period.
Using or requesting agency: Any department, agency or commission, board, committee, or other
unit in the city government using supplies or services.
Warehouse manager: The person, regardless of job title or classification, responsible for the
supervision of the warehouse, warehouse daily operations, and warehouse personnel.
(Ord. No. 1233, § 3.103, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01; Ord.
No. 3004, § 1, 9-27-16)
Sec. 2-139. Materials manager Purchasing authorities generally.
(a) All contracts, including any subsequent amendment thereto, for goods and services with an
aggregate total dollar value of one-hundred thousand dollars ($100,000) or more must be
approved by the city council.
(ab) The materials manager Finance director shall be the head of and be responsible for the
administration of the purchasing department as described in Article VIII, Section 3, of the City
Charter. The materials manager Finance director shall have ensure compliance with the
provisions of the Procurement Code and be responsible for the general supervision of over the
purchasing of goods and services for the citydepartment. The materials manager Finance director
shall have the powers and duties prescribed by this division.
(bc) The materials manager Finance director shall have the power and it shall be his/her duty:
(1) To procure and contract for supplies goods and services including rentals, service
agreements, and leases needed by any using agency city department, in accordance with
purchasing procurement procedures as prescribed by this division and according to such
administrative rules and regulations policies as the materials manager Finance director, in
consultation with the City Manager, shall adopt determine are necessary for the efficient
internal management and operation of the purchasing department Procurement division and
such other rules and regulations as shall be prescribed by the city manager. The authority
of the materials manager Finance director to make procurements and contract for all using
agencies city departments shall not be abridged or limited by excepting any particular using
agency, except with unless the authorization of the city manager, when it is determined
determines that such action would be in the best interest of the city.
(2) To establish and amend, when necessary, all rules, forms and regulations policies
authorized by this division and any others necessary to its operation.
(3) To recommend the suspension or debarment of vendors. When suspension or debarment is
recommended, a statement of the reason for placing the vendor on debarment suspending
or debarring such vendor and the length of time such action remains effective shall be
prepared by the materials manager Finance director in writing and transmitted to the city
attorney. Upon the city attorney's approval, the materials manager Finance director shall
notify the vendor by letter containing an option notice of its right to appeal and appear
before a review board committee consisting of materials manager the Finance director, city
manager or designee, and the participating city agency originating or contracting city
department.
(Ord. No. 1233, §§ 3.103, 3.104, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-
01)
Sec. 2-140. Inspection and testing.
(a) The materials manager Finance director shall supervise the inspection or testing of deliveries of
supplies or performance of services to determine their conformance with specifications.
(b) The materials manager Finance director shall have authority to may authorize using agencies
having staff and facilities for adequate inspection to inspect all facilities and any deliveries made
to such using agencies them.
(c) The materials manager Finance director shall have authority to require chemical and physical
tests of samples submitted and sample of deliveries which are necessary to determine their
quality and conformance with the specifications. In the performance of such tests, the materials
manager Finance director shall have the authority to make use of laboratory facilities of any
agency department of the city or of any outside laboratory.
(d) The materials manager Finance director shall have authority to monitor and inspect the
performance of a contractor at the using agency to determine compliance to service the City or
contract’s specifications.
(Ord. No. 1233, § 3.107, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-141. Requisitions and estimates.
A requesting agency department shall file with materials manager, requisitions of the
requirements in for supplies goods and services with the Finance director, certified by means of a
department signature in accordance with the city's administrative code for signature regulations. The
signature shall certify that there is to the credit of the using agency a sufficient unencumbered
appropriation balance to defray the amount of such order. The materials manager Finance director
may not issue an order for delivery until the requesting agency department has filed the requisition
for the requirement.
(Ord. No. 1233, § 3.105, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-142. Standards and specifications.
The materials manager Finance director shall prepare, in cooperation with the city departments,
written standards and specifications for supplies goods and services.
(Ord. No. 1233, § 3.106, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-143. Modification of contracts.
(a) The materials manager Finance director, after consultation with the city attorney, may add,
amend, modify or delete existing and add new the city’s existing standard contractual terms,
conditions, provisions and clauses for all forms used to procure of supply and contract for goods
and services contracts utilized by the city, provided that such modifications, deletions or
additions are supported by a written determination.
(b) The Finance director may not add, amend, modify or delete any term of contract entered into by
the City once it has been approved by the city council without first obtaining city council
approval of the newly-added, amended, modified or deleted term.
(Ord. No. 1233, § 3.108, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-144. Unauthorized purchases.
Except as otherwise provided in this division, it shall be unauthorized for any no city employee,
official, agent or contractor shall to order the purchase of supplies goods or services or make contracts
within the purview of this division in the name of a department or the city other than through the
purchasing Procurement division and purchase orders. Purchases or contracts made contrary to the
provisions hereof may are not be approved, and the city may is not be bound thereby.
(Ord. No. 1233, § 3.104(1), 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-145. Formal purchase procedure.
(a) Pprocurement of supplies goods and services, when the cost which will exceed cost the formal
purchase dollar threshold of fifty one-hundred thousand dollars ($50,000.00), ($100,000) or
more, shall be made using either a formal written request for proposal (RFP) or an invitation for
bid (IFB), except as otherwise provided in this division. The materials manager Finance director
shall determine which procurement method (RFP or IFB) will be most practicable and
advantageous to the city for the procurement of supplies goods or services.
(b) For the purpose of determining whether the formal purchase procedure must be followed, “cost”
shall be calculated by aggregating the value of all goods and services being procured and all
potential time periods available under the contract (i.e., all amounts of compensation available
for any and all initial and extension terms under a contract whether or not all amounts are spent
or all extensions are exercised).
(c1) General Provisions:
(a1)
Public notice of an IFB or RFP shall be issued in accordance with the City Charter.
(b2)
The materials manager Finance director shall have authority to require a bid or
proposal guarantee be submitted with any and all bids or proposals, and performance
bonds be submitted prior to execution of any contract.
(c3)
The IFB or RFP may be delayed or canceled, or any or all bids or proposals may be
rejected, in whole or in part, by the materials manager Finance director in the best
interest of the city.
(d4)
The materials manager Finance director shall have the authority to refuse an award to
any vendor or contractor who that is in default on the payment of taxes, licenses or
other monies due the city at the time set for opening the bid or proposal. All vendors
and contractors must be in compliance, at the time set for opening the bid or proposal,
with all applicable state licensing laws, rules and regulations.
(e5)
Budgeted line items specifically identifying products goods or services, which have
been approved by the city council in their its review and adoption of the annual budget
of the city, and for which an award is within the allocated expenditure, shall be
approved for award by the materials manager Finance director and deputy city
manager. At the discretion of the city manager, Notwithstanding the previous
sentence, contracts that document the award for the allocated expenditure pursuant to
of an IFB or RFP may be submitted for the approval of the city council. Awards that
exceeds the allocated expenditure formal purchase dollar threshold shall require the
must be approval approved of by the city council.
(f6)
No contract or procurement shall be subdivided to avoid the requirements of this
section.
(g7)
With the approval of the city manager, The formal purchase procedures of section 2-
145, may be waived when there has been by a written determination of the materials
manager Finance director that using the formal purchase procedures of section 2-145,
would: (i) not be likely to result in a lower price to the city or would cause unnecessary
expense or delay under the circumstances in procuring the goods or services; and/or
(ii) because of specific circumstances, competition is not applicable.
(h8)
The amount of any applicable sales, transaction privilege or use tax of this city shall
not be a factor in determining the net lowest bidder or the most advantageous proposal.
(Source: A.R.S. 41-2533(G) and 41-2534(G))
(i)
City manager directives prescribe procedures for the procurement of supplies and
services, which exceed the formal purchase dollar threshold, and because of specific
circumstances competition is not applicable. Awards, pursuant to this provision, shall
require either the approval of the city council, or city manager.
(j9)
The materials manager shall have authority to receive formal protests lodged in
writing, specifically identifying the objection to the award of an IFB or RFP,
pursuant to formal purchase procedure. The protest must be submitted to the
materials manager no later than seven (7) calendar days after notification of the
intent to award. Untimely protests will not be considered. (Source: A.R.S. §§ 41-
2533(G) and 41-2534(G)) Term limits. All contracts for goods and services may not
exceed a total term of 5 years, unless a longer term is approved by the City Council.
Council may grant its approval for a term greater than 5 years if it determines a longer
term is in the city’s best interest and may, but is not required to, consider price or rate
discounts, industry standards, the specialized nature of the good or service being
provided or any applicable performance criteria.
The 5 year term limit does not apply to: (A) goods and services procured pursuant to
a cooperative agreement, if the underlying agreement from the originating
governmental agency contains an initial term greater than 5 years or contains a
renewal, extension or amended period that causes the total term to exceed 5 years, or
(B) contracts for legal services, or (C) construction or capital improvement contracts
under Title 34 of the Arizona Revised Statutes; or (D) contracts for a purchase, sale,
lease or use of City real property.
(d2) Sealed bidding (IFB):
(a1)
An invitation for bids shall be issued and shall include a purchase description and all
contractual terms and conditions applicable to the procurement.
(b2)
Bids shall be opened publicly at the time and place designated in the invitation for
bids. The designated time and place may include a virtual meeting or location. The
amount of each bid, and such other relevant information as may be specified by the
materials manager Finance director, together with the name of each bidder shall be
recorded as determined by the materials manager Finance director. This record shall
be open to public inspection after the bid opening in a manner prescribed by the
materials manager Finance Director. Except to the extent the bidder designates, and
the city concurs, trade secrets or other proprietary data contained in the bid documents
shall remain confidential.
(c3)
Bids shall be evaluated based on the material requirements set forth in the invitations
for bids. The invitation for bids shall set forth the evaluation criteria to be used. No
additional criteria may be used in bid evaluation that are not set forth in the invitation
for bids or this subsection (2) (d).
(d4)
After bid opening, no corrections in bid prices or other provisions of bids or
withdrawal of bids, prejudicial to the interest of this city or fair competition shall be
permitted. All decisions to permit the correction or withdrawal of any bid, or to cancel
awards or contracts based on bid mistakes, after bid opening shall be supported by a
written determination made by the materials manager Finance director.
(e5)
The contract shall be awarded to the lowest or, if applicable (such as in a land sale),
the highest responsible and responsive bidder whose bid conforms in material respects
to the requirements and criteria set forth in the invitation for bids. In making the
determination of the lowest (or highest) responsible and responsive bidder, the
materials manager Finance director may consider the following:
i.
The ability, capacity and experience of the bidder to perform the contract.
ii.
Whether the bidder can perform the contract promptly, or within the time
specified, without delay or interference, or has a valid reason why such
performance is impracticable.
iii.
The quality of performance of previous contracts.
iv.
The sufficiency of the financial resources of the bidder to perform the contract.
v.
The quality and adaptability of the materials, supplies goods or services to the
particular use required.
(Source: A.R.S. § 41-2533(G))
vi.
The number and scope of conditions attached to the bidder's offer.
(f6)
If an award is not given to the lowest or highest bidder, a statement of the reason for
not awarding to the lowest bidder shall be given in writing and be placed in the contract
file.
(e3) Sealed proposals (RFP):
(a1)
Proposals shall be solicited through a request for proposals.
(b2)
Proposals shall be opened publicly at the time and place designated in the request for
proposals. The name of each proposer and such other relevant information as the
materials manager Finance director shall designate shall be publicly read and recorded
as required by the materials manager Finance director. All other information contained
in the proposals shall be confidential so as to avoid disclosure of contents prejudicial
to competing proposers during the process of negotiation. The proposals and any
related public records shall not be open available for public inspection until 24 hours
after contract the notice of intent to award has been issued by the Finance director.
Except to the extent the proposer designates, and the city concurs, trade secrets or
other proprietary data contained in the proposal shall remain confidential.
(c3)
As provided in the request for proposals, discussions may be conducted with
responsible proposers who submit proposals determined to be reasonably susceptible
to being selected for award for the purpose of clarification to assure full understanding
of, and responsiveness to, the solicitation requirements. Proposers 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 a notice of intent to
award is issued 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 during the negotiation process. (Source: A.R.S. §
41-2534(F))
(d4)
The award shall be made to the responsible and responsive proposer whose proposal
is determined, in writing, to be the most advantageous to the city and best meets the
overall needs of the city taking into consideration the evaluation of factors set forth in
the request for proposals. The city is not bound to award to the lowest cost (priced)
RFP. No other factors or criteria may be used in the evaluation other than the material
criteria as set forth in the request for proposals or in this subsection (3). In addition to
the material criteria set forth in the request for proposals, the materials manager
Finance director may also consider the following:
a1. Price.
b2. The ability, capacity and experience of the proposer to perform the contract.
c3. Whether the proposer can perform the contract promptly or within the time
specified, without delay or interference.
d4. The quality of performance of previous contracts.
e5. The sufficiency of the financial resources of the proposer to perform the contract.
f6. The quality and adaptability of the materials, supplies or services to the articular
use required.
g7. The number and scope of conditions attached to the proposer's offer, and
conformance of proposer's offer to material aspects of the request for proposal.
(Source: A.R.S. § 41-2534(G))
(e5) The contract file shall contain the basis on which the award is made.
(Ord. No. 1233, § 3.109, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 1710, § 1, 2-4-92;
Ord. No. 2184, § 1, 2-13-01)
(f) Bid Protests and Record Requests
(1)
Any interested party may request to inspect or receive copies of public records related
to a formal procurement 24 hours after sealed bids have been opened and the notice
of intent to award the bid has been issued in accordance with subsection (c) or (d)
above. Any information that is protected as a “trade secret” under the Arizona Trade
Secrets Act or as “confidential” under any other applicable statue, law or regulation
shall remain confidential and shall be protected, deleted or redacted from disclosure.
(2)
Any interested party may object to the issuance of a notice of intent to award a contract
to a winning bidder.
(3)
Bid protests made pursuant to this section must be submitted to the Finance director
no later than: (i) seven (7) calendar days after the date upon which the protestor knew
or should have known the basis of its objection; or (ii) 15 calendar days after notice of
the intent to award has been issued by the Finance director, whichever is shorter.
(4)
A protest must be made in a writing to the Finance director, specifically identifying
the objection to the award of an IFB or RFP and signed by an individual or authorized
representative of an interested party. The protest must contain the following
information:
i.
The name, address, telephone number and e-mail address of the protestant;
ii.
Identification of the solicitation or contract number;
iii.
A detailed statement of the legal and factual grounds of the protest, including
copies of relevant documents;
iv.
The form of relief requested.
(5)
The Finance director has the authority to determine if a protest has been submitted
timely. Untimely protests will not be considered and will be dismissed. (Source:
A.R.S. §§ 41-2533(G) and 41-2534(G)).
(6)
If the protest is timely, the Finance director will review and consider all the
information and documentation submitted with the protest. After conferring with the
City Attorney’s Office, the Finance director will issue a written determination,
including whether to accept, reject or modify the relief requested. The Finance
director will issue his/her ruling within fourteen (14) business days of receiving the
protest. If the Finance director fails to issue a decision within the time limits set forth
in the proceeding sentence, the protest is deemed to be denied.
(7)
If the protestant wishes to appeal the written determination issued by the Finance
director in accordance with subsection (f)(6) above, the protestant may request a
hearing (“Hearing Request”). The Hearing Request shall include the same
information required in subsection (f)(3) above, and may also include any new or
additional information protestant believes justifies a reconsideration of the Finance
director’s determination. The Hearing Request must be filed with the Finance director
no later than seven (7) business days after the written determination has been received
by the protestant. For purposes of this section, “received by the protestant” shall mean
the day protestant had actual or constructive notice of the issuance of the Finance
director’s bid protest determination.
(8)
The Hearing will be conducted by a neutral third party as designated by the city
manager (“Hearing Officer”) and shall be held within sixty (60) calendar days after
the Hearing Request is received by the Finance director, unless the parties agree
otherwise.
(9)
The protestant may, but is not required to, be represented by legal counsel at the
Hearing before the Hearing Officer. The city shall be represented by the City
Attorney’s Office. A party may present testimony and documentary evidence and
argument with respect to the issues and may examine and cross examine witnesses,
subject to the determination of the Hearing Officer. Each party shall bear its own costs
and expenses.
(10)
At least 10 calendar days prior to the Hearing, or as otherwise agreed by the parties,
each party shall exchange with the other party all documents, exhibits, and other
evidence it intends to present at the hearing and a list of witnesses intended to testify
at the hearing.
(11)
The Hearing Officer shall have no authority to issue subpoenas for the production of
evidence or the appearance of witnesses. It is the responsibility of each party to have
all witnesses, documents and exhibits available on the date of the Hearing.
(12)
The Hearing Officer will have a recording made of the Hearing at the expense of the
City. If the protestant or its attorney requests a transcript of the proceeding, the
protestant shall pay its cost of obtaining a copy the transcript.
(13)
Each party shall be allotted a maximum of one (1) hour to present its case. The time
limit is cumulative and includes any opening and/or closing statement. Hearings shall
be conducted informally and in the most efficient manner to expedite and ensure a fair
hearing, as determined by the Hearing Officer. The Arizona Rules of Evidence shall
not apply.
(14)
If a party fails to appear at a hearing without cause, the Hearing Officer may presume
that the party no longer wishes to proceed with the hearing or appeal the Finance
director’s determination and may make a finding in the city’s favor. If a party fails to
appear at a hearing with cause, the Hearing Officer may reschedule the hearing date
or may make a finding on the record without hearing testimony or argument.
(15)
The decision by the Hearing Officer shall be final. The decision shall be sent to all
parties by personal service or certified mail, return receipt requested, within 20
calendar days after the conclusion of the Hearing.
(16)
The city may establish such other administrative procedures as necessary to ensure
orderly conduct of the Hearing and to ensure due process.
(17)
A bid awarded using the informal purchase procedures in section 2-146 may not be
protested using the procedures contained in this section or any other process.
Charter reference— Bids, Art. VII, § 4.
Sec. 2-146. Informal purchase procedures.
(a) Procurement of supplies goods and services, when the total cost will not exceed the formal
purchase dollar threshold of section 2-145, shall may be made using informal purchase
purchasing procedures when the total cost will not exceed the formal purchase procedure dollar
threshold of section 2-145(a).
(b) All informal purchase procurements, wherever whenever practical, are to be based on should
solicit at least three (3) quotations. City manager directives The Finance director, in consultation
with the City Manager and City Attorney, shall establish prescribe procedures for the informal
procurements. of supplies goods and services, which do not exceed the established informal
purchase procedure amount, and because of specific circumstances competition is not applicable.
(c) Quotations shall be solicited from prospective vendors If consistent with the procedures
established according to subsection (b) above, such quotations may be provided in written or
oral form.
(d) The award shall be made to the quotation which best meets the needs of, and is most
advantageous to, the city. In addition to the criteria set forth in the quotation, the materials
manager Finance director may also consider the following:
(1)
Price.
(2)
The ability, capacity and experience of the proposer to perform the contract.
(3)
Whether the proposer prospective vendor can perform the contract promptly or within
the time specified, without delay or interference.
(4)
The quality of performance of previous contracts.
(5)
The sufficiency of the financial resources of the proposer to perform the contract.
(6)
The quality and adaptability of the materials, supplies or services to the particular use
required.
(7)
The number and scope of conditions attached to the proposer's prospective vendor’s
offer, and conformance of proposer's the prospective vendor’s offer to material aspects
of the quotation.
(e) The materials manager Finance director shall keep a record of all informal purchase awards and
the responses submitted in competition thereon, whether originally made in written or oral form,
and such records shall be part of the public record.
(f) The materials manager shall prescribe an amount which A purchase of goods or services with a
total cost of less than $10,000 qualifies as a small purchase. Competitive bidding is not required
for small purchases. The amount determination by the materials manager shall be in writing, part
of the public record and shall not exceed the amount specified in subsection (h) of this section.
City manager directives prescribe procedures for the procurement of supplies and services
Finance director, in consultation with the City Manager and City Attorney, shall establish
procedures for the procurement of goods and services which do not exceed the established small
purchase amount. Such that qualify as a small purchase. procurements, which do not exceed the
established amount, are independent of the requirements of this section.
(g) Procurement of supplies and services when the cost will not exceed the formal purchase dollar
threshold but is greater than the ten thousand dollars ($10,000.00) shall be made using written
quotations.
(h) Procurement of supplies goods and services, when the cost will not exceed ten thousand dollars
($10,000.00) but is greater than the small purchase amount may be made using verbal or written
quotations.
(i) The materials manager shall have authority to receive protests lodged in writing, specifically
identifying the objection to the award of a quotation, and render a written finding, pursuant to
informal purchase procedure. The finding of the materials manager shall be final and conclusive.
Awards issued under these informal purchase procedures or as a small purchase may not be
protested or appealed.
(Ord. No. 1233, § 3.110, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 1710, § 2, 2-4-92; Ord.
No. 2184, § 1, 2-13-01)
Sec. 2-147. Emergency purchases.
(a) The materials manager Finance director may procure and contract for supplies goods and
services without compliance with the procedures set forth in sections 2-145 and 2-146 of this
Code when there has been a determination that an emergency purchase is necessary. For purposes
of this section, an “emergency” is defined is any condition or circumstances that pose a threat to
the health, safety or welfare of the City or its citizens.
(b) The requesting department head shall be responsible for determining and documenting the
validity of need for all emergency purchase requests.
(c) Emergency purchases shall be confirmed by filing a purchase requisition marked "emergency"
to the materials manager Finance director no later than noon the next working day. A complete
written explanation shall be signed by the department head and transmitted with the requisition.
(d) City manager directives for eEmergency purchases of material goods and services prescribe
procedures for emergency purchases which cost one-hundred thousand dollars ($100,000) or
more must be ratified by the city council.
(Ord. No. 1233, § 3.111, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-148. Sole source procurements.
(a) The materials manager Finance director may procure and contract for supplies goods and
services without compliance complying with the procedures set forth in sections 2-145 and 2-
146 of this Code when there has been a written determination that competition is not available
and there is only one (1) known source for the supply such goods or services.
(b) The agency department requesting a sole source procurement shall provide a written
determination, in such manner and on such form as the materials manager Finance director shall
prescribe, justifying the basis for the sole source procurement.
(c) Award of a sole source procurement which exceeds the formal purchase procedure dollar
threshold of section 2-145 (a) shall require the approval of the city council. City manager
directives for sole source procurements of materials goods and services prescribes procedures
for sole source procurement.
(Ord. No. 1233, § 3.112, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-149. Cooperative purchasing.
(a) The materials manager Finance director shall have the authority to participate with other units
of government for the procurement of supplies goods or services in cooperative purchasing
agreements when the best interests of the city would be served thereby.
(b) The materials manager Finance director shall have the authority to enter into agreements,
independent of without meeting the formal or informal purchasing requirements of sections 2-
145 and 2-146, established with other units of government for the cooperative use purchase of
supplies goods or services provided the actions of the other contracting party complies with the
intent of said sections all terms and conditions of the cooperative purchasing agreement without
variation.
(c) The materials manager Finance director shall also have the authority to institute contracts with
the approval of the city council for the common use of warehouse facilities, capital equipment
and other facilities with other units of government under terms mutually agreed upon.
administratively amend the city’s agreement with the contracting party to adopt any amendment
of the underlying agreement made and approved by the originating unit of government without
obtaining further council approval.
(Ord. No. 1233, § 3.113, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-150. Warehousing stores.
(a) There is established in the City's books and records an account known as the warehouse
inventory account.
(b) Supplies to be added into an inventory administered by the Warehouse Manager an employee or
agent designated by the city manager and shall be charged against the warehouse inventory
account. Requisitions for withdrawal of supplies in inventory shall be credited to the warehouse
inventory account by a charge against the appropriation of the requesting agency.
(c) The Warehouse Manager designated employee or agent shall maintain a perpetual inventory
record of supplies charged against the revolving fund and shall be responsible for the receipt,
storage, issuance and distribution of supplies contained therein.
(d) The Warehouse Manager designated employee or agent shall be responsible for ensuring all
inventory and supplies added to the inventory account are procured in accordance with this
chapter and such policies and procedures as may be set forth by the Materials Manager Finance
director.
(Ord. No. 1233, § 3.114, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01; Ord.
No. 3004, § 1, 9-27-16)
Sec. 2-151. Pool stock.
The materials manager Finance director shall have the authority to transfer and administer
surplus city personal property into a pool stock to be maintained for use by requesting agencies on a
temporary basis. Using such form as shall be established, pool stock will be issued to requesting
agency. All pool stock shall be returned at the designated time. The materials manager Finance
director shall maintain pool stock in such condition that it is fit for its intended purpose.
Secs. 2-152. Suspension and debarment.
(a) The Finance director, after consultation with the City Attorney, shall have authority to debar any
person or contractor for cause from participating in the city’s bid solicitation process or from
receiving an award of city contracts, grants, loans, or other financial assistance. The debarment
may continue for a period of up to three years.
(b) The Finance director, after consultation with the City Attorney, shall have authority to suspend
a person or contractor for cause from participating in the city’s bid solicitation process or from
receiving an award of city contracts, grants, loans, or other financial assistance. The suspension
may continue for a period of up to twelve months.
(c) The causes for debarment or suspension include the following:
(1)
Indictment or conviction for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract;
(2)
Indictment for or conviction under state or federal statutes of embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen property,
violation of the Arizona Trade Secrets Act, violation of environmental laws or
requirements or any other offense indicating a lack of business integrity or business
honesty which affects responsibility as a contractor;
(3)
Indictment for, or conviction under, any state or federal antitrust or antidiscrimination
statute or the Drug-Free Workplace Act;
(4)
Violation or breach of contract provisions which the Finance director has determined
justify suspension or debarment. Such violation or breach may include, but is not
limited to:
i.
Deliberate failure or refusal, without good cause, to perform in accordance
with the terms and conditions of the contract with the city; or
ii.
A recent record of failure to perform or of unsatisfactory performance in
accordance with the terms of one or more contracts with third parties; provided
such failure to perform or unsatisfactory performance that was caused by acts
entirely beyond the control of the contractor shall not be considered to be a
basis for debarment; or
iii.
On-going investigation or legal proceedings against the person or contractor
brought by a third party or on-going investigation by or litigation with the city;
or
iv.
Any other cause the Finance director determines to be as serious and egregious,
including suspension or debarment by another governmental entity.
(d) The Finance director shall decide whether to debar or suspend the person or contractor is in the
best interests of the city, based on a preponderance of the evidence. The Finance director shall
issue a written decision which will include:
i.
The reasons for the action taken, including any evidence relied upon to reach
the decision; and
ii.
Inform the debarred or suspended person of its right to protest the decision.
(e) A person or contractor subject to an order of suspension or debarment and any other party
intervening will be sent a copy of the decision issued according to this section from the city via
regular U.S. mail or by electronic means, if the person or contractor has notified the city that is
its preferred method of transmission, within 5 business days of its issuance by the Finance
director. The debarment or suspension shall take effect immediately upon issuance of the order
by the Finance director, unless otherwise provided in the order. The decision of the Finance
director shall be final except that a debarred or suspended contractor or person shall have the
right to protest in accordance with section 2-145(e) of this article.
(f) Nothing in this section prevents the Finance director from converting a suspension to a
debarment should additional facts or causes be discovered during the term of the person or
contractor’s suspension.
(g) In the event the cause given rise to the debarment or suspension is resolved in the person or
contractor’s favor, such person may petition the Finance director for reinstatement. Any such
petition must include documentation evidencing the favorable outcome. The Finance director
shall issue a written decision whether to terminate the person or contractor’s debarment or
suspension within ten (10) business days. The decision of the Finance director on whether to
reinstate the person or contractor shall be final and unappealable.
Secs. 2-153—2-154. Reserved.
Sec. 2-155. Bidding Construction and Job Order Contracts.
(a) All construction contracts for building, altering, repairing, improving or demolishing city
buildings, structures or other public improvements shall be awarded only after a public
competitive bid in compliance with provisions of title 34, Arizona Revised Statutes.
(b) Multiple departments of the city may use a single contract or multiple contracts to retain a
supplier of professional services as provided in A.R.S. §§ 34-103 and 603. However, the city
may not pay the supplier an aggregated amount greater than $500,000 per year unless the contract
or contracts has been procured using a competitive bidding process pursuant to A.R.S. Title 34
and the formal procurement procedures of section 2-145 above.
(c) For purposes of this section, “professional services” is defined to include procurement of
architect services, construction, construction services, construction-manager-at-risk construction
services, design-build construction services, engineer services, job-order-contracting
construction services, landscape architect services, assayer services, geologist services, and land
surveying services consistent with A.R.S. Title 34.
(d) The city may use job-order contracting for construction services provided all the requirements
of A.R.S. § 34-607 are met, including the availability of appropriations. The amount of an
individual job order shall not exceed $1 million unless, after review and approval by the Finance
Director and the City Attorney, the City Council increases the maximum amount of the
individual job order as provided in A.R.S. § 34-605.
(Ord. No. 2211, § 1, 9-25-01)
Sec. 2-156 Approval of change orders.
(a) Change orders, which do not increase the contract amount of construction contracts, shall be
approved and executed by the city manager.
(b) Change orders, which increase the contract amount of construction contracts, may be approved
and executed by the city manager if the total of all change orders for the contract does not exceed
is less than fifty one-hundred thousand dollars ($50,000.00) ($100,000). Any single change order
or combination of change orders which will increase the contract amount by one-hundred
thousand dollars ($100,000) or more must be approved by an affirmative vote of the city council.
Secs. 2-157—2-165. Reserved.
SECTION 2. That the Code of the City of Glendale, Chapter 2 (Administration), Article V (Financial
Affairs), Division 3 (Sale, Lease, etc., of City Property), is hereby amended to read as follows:
DIVISION 3. SALE, LEASE, ETC., OF CITY REAL PROPERTY
Sec. 2-166. Authorized.
(a) The city shall have the right to sell, lease, exchange or otherwise contract for the dispose disposal,
occupation or use of city real property for in any manner and on any terms and conditions deemed
in the best interests of the city. Except as Unless otherwise provided in the charter, the council
shall have the sole authority to determine the best interests of the city and such determination
shall be final and unreviewable.
(b) Contracts for professional services, such as performing of a title search, survey, or environmental
site assessment, used in support of a real estate transaction authorized by subsection (a) above
are subject to the formal or informal purchasing procedures contained in Section 2-145 or 2-146,
respectively.
Sec. 2-167. Notice.
A No sale, lease, exchange or transfer of city real property shall may only be made until after a
notice of such sale has been published in a newspaper of general circulation in the city for two (2)
consecutive weeks and a notice of such sale has been posted at the city hall for twelve (12)
consecutive days.
Sec. 2-168. Bids Sales of real property.
(a) Sale, lease, exchange, or any other transfer of, and licenses to occupy or use, any city real
property may be accomplished without following the formal or informal purchasing procedures
contained in Section 2-145 or 2-146, respectively.
(b) If the city sells, leases, exchanges, transfers or provides a right to occupy or use any city real
property without following the formal or informal purchasing procedures contained in Section
2-145 or 2-146, an award or the resulting agreement may not be protested using the procedures
contained in this article or using any other process.
(c) If the city uses the formal purchase procedures of section 2-145 to solicit bids for sale of any real
property, the city shall follow those procedures as it would for any other bid solicitation or award.
(d) The city council shall receive, review and consider any and all bids and offers for the sale, lease,
occupancy or use of city real property and; provided, however, that the council shall have the
right to accept, reject or make a counter-offer of any and all bids in its sole, unreviewable
discretion. Council may request a best and final offer from any and all bidders prior to making an
award or may modify, amend, or cancel any solicitation, in whole or in part, at any time prior to
or after the approval of a contract.
(e) The city council may also negotiate and agree to any terms and conditions in contract for sale of
city real property that vary from the terms and conditions of any criteria or requirements
contained in a bid solicitation, provided those terms and conditions are deemed by the city
council to be in the city’s best interests.
(Code 1963, § 2-42)
Sec. 2-169. Exchanges of real property.
No eExchanges of real property shall may be made until only after a notice of such exchange
has been posted at the city hall for twelve (12) consecutive days.
(Code 1963, § 2-43)
Sec. 2-170. Execution of documents.
The council shall have the power to enter into and to authorize the execution of any and all
instruments pertaining to the sale, lease, exchange, transfer, or disposal or use of city real property.
Any change, amendment or modification of the provisions, terms or conditions of such instruments
shall only be made and executed with the approval of the same by council.
SECTION 3. That the Code of the City of Glendale, Chapter 2 (Administration), Article V (Financial
Affairs), Division 3. 1 (Disposal of Surplus or Obsolete City Personal Property) is hereby amended
to read as follows:
DIVISION 3.1. DISPOSAL OF SURPLUS OR OBSOLETE CITY PERSONAL PROPERTY
Sec. 2-171. Disposal.
(a) The city shall have the right to sell, lease, exchange, trade or otherwise dispose of surplus or
obsolete city personal property in any manner and on any terms and conditions deemed in for
the best interests of the city.
(b) Except as Unless otherwise provided in the Charter, if the original purchase price of the personal
property being disposed of is less than $100,000, the Finance Director, in consultation with the
city manager and city attorney, shall determine the manner of disposal of the property that is in
the best interests of the city. and sSuch determination shall be final and unreviewable. The
manner of disposal may include donating any surplus or obsolete city personal property to a
governmental, non-profit or charitable organization, without public notice.
(c) If the original purchase price of the personal property is equal to or greater than $100,000, the
city council shall determine the manner of disposal of the property that is in the best interests of
the city. Such determination shall be final and unreviewable.
(d) The conversion of surplus and obsolete city property, including surplus and obsolete property,
for personal use by any city employee, elected official, contractor, subcontractor or agent is
prohibited.
(e) Firearms and other specialty items used by the police department may be disposed of in any
manner deemed to be in the city's best interest by the city manager.
At the discretion of the city manager, the city may elect to donate any surplus or obsolete city
personal property to a governmental, nonprofit or charitable organization, without public notice.
SECTION 4. That the provisions of this ordinance shall become effective thirty (30) days
after passage of this ordinance by the Glendale City Council.
[Signatures on the following page]
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale,
Maricopa County, Arizona, this 26th day of November, 2024.
_______________________________
Mayor Jerry P. Weiers
ATTEST:
_____________________________
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
______________________________
Michael D. Bailey, City Attorney
REVIEWED BY:
______________________________
Kevin R. Phelps, City Manager