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City of Glendale — Regular Meeting (2024-11-26)

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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 "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.

(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 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 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.

Emergency purchase: Procurement of goods or services that are needed to address a situation 
where the health, safety or welfare of the public 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 over the budget, 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.  
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 good or service for 
the city. The term includes all functions that pertain to the obtaining of any 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 that has the capability to perform fully 
the contract requirements, and the reliability to assure good faith performance.  
Responsive bidder or proposer: A bidder or proposer that has submitted a bid or proposal 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 
good or service being procured. The term may include a description of any requirement for inspecting, 
testing, or preparing a good or service for delivery.  
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.  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.   
(b) The 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 Finance 
director shall ensure compliance with the provisions of the Procurement Code and be responsible 
for the general supervision over the purchasing of goods and services for the city. The Finance 
director shall have the powers and duties prescribed by this division.  
(c) The Finance director shall have the power and it shall be his/her duty:  
(1) To procure and contract for goods and services including rentals, service agreements, and 
leases needed by any city department, in accordance with procurement procedures as 
prescribed by this division and according to such administrative rules and policies as the 
Finance director, in consultation with the City Manager, shall determine are necessary for 
the efficient management and operation of the Procurement division. The authority of the 
Finance director to make procurements and contract for city departments shall not be 
abridged or limited unless the city manager, determines that such action would be in the 
best interest of the city.  
(2) To establish and amend, when necessary, all rules, forms and 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 suspending or debarring such vendor and the 
length of time such action remains effective shall be prepared by the Finance director in 
writing and transmitted to the city attorney. Upon the city attorney's approval, the Finance 
director shall notify the vendor by letter containing notice of its right to appeal and appear 
before a review board committee consisting of the Finance director, city manager or 
designee, and the 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 Finance director shall supervise the inspection or testing of deliveries of supplies or 
performance of services to determine their conformance with specifications.  
(b) The Finance director may authorize staff to inspect all facilities and any deliveries made to them.  
(c) The 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 Finance director shall 
have the authority to make use of laboratory facilities of any department of the city or of any 
outside laboratory.  
(d) The Finance director shall have authority to monitor and inspect the performance of a contractor 
to determine compliance to 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 department shall file requisitions of the requirements for 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 a sufficient 
unencumbered appropriation balance to defray the amount of such order. The Finance director may 
not issue an order for delivery until the requesting 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 Finance director shall prepare, in cooperation with the city departments, written standards 
and specifications for 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 Finance director, after consultation with the city attorney, may add, amend, modify or delete 
forms used to procure and contract for goods and services, 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, no city employee, official, agent or contractor 
shall order the purchase of goods or services or make contracts in the name of a department or the 
city other than through the Procurement division. Purchases or contracts made contrary to the 
provisions hereof are not approved, and the city is not 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) Procurement of goods and services, which will cost one-hundred thousand dollars ($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 Finance director shall determine 
which procurement method (RFP or IFB) will be most practicable and advantageous to the city 
for the procurement of 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). 
(c) General Provisions:  
(1) Public notice of an IFB or RFP shall be issued in accordance with the City Charter.  
(2) 
The 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.  
(3) 
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 Finance director in the best interest of the city.  
(4) 
The Finance director shall have the authority to refuse an award to any vendor or 
contractor 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.  
(5) 
Budgeted line items specifically identifying goods or services, which have been 
approved by the city council in 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 Finance director. Notwithstanding the previous sentence, contracts that 
document the award for the allocated expenditure pursuant to an IFB or RFP that 
exceeds the formal purchase dollar threshold must be approved by the city council.  
(6) 
No contract or procurement shall be subdivided to avoid the requirements of this 
section.

(7) 
The formal purchase procedures of section 2-145 may be waived by a written 
determination of the Finance director that using the formal purchase procedures of 
section 2-145would: (i) not likely result in a lower price to the city or would cause 
unnecessary expense or delay in procuring the goods or services; and/or (ii) because 
of specific circumstances, competition is not applicable. 
(8) 
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))   
(9) 
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. 
(d)  Sealed bidding (IFB):  
(1) 
An invitation for bids shall be issued and shall include a purchase description and all 
contractual terms and conditions applicable to the procurement.  
(2) 
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 
Finance director, together with the name of each bidder shall be recorded as 
determined by the Finance director. This record shall be open to public inspection after 
the bid opening in a manner prescribed by the 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.  
(3) 
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 (d).  
(4) 
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 Finance director.  
(5) 
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 
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, 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.  
 
(6) 
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.  
 
(e) Sealed proposals (RFP):  
(1) 
Proposals shall be solicited through a request for proposals.  
(2) 
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 
Finance director shall designate shall be publicly read and recorded as required by the 
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 be available 
for public inspection 24 hours after 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.  
(3) 
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))  
(4) 
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 Finance director may 
also consider the following:  
a. Price. 
b. The ability, capacity and experience of the proposer to perform the contract. 
c. Whether the proposer can perform the contract promptly or within the time     
specified, without delay or interference. 
d. The quality of performance of previous contracts. 
e. The sufficiency of the financial resources of the proposer to perform the contract. 
f. The quality and adaptability of the materials, supplies or services to the articular 
use required. 
g. 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))  
(5)  
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 goods and services may be made using informal 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, whenever practical, should solicit at least three (3) 
quotations. The Finance director, in consultation with the City Manager and City Attorney, shall 
establish procedures for informal procurements.  
(c) 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 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 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 prospective vendor’s offer, and 
conformance of the prospective vendor’s offer to material aspects of the quotation.  
(e)  The 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) 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 Finance director, in 
consultation with the City Manager and City Attorney, shall establish procedures for the 
procurement of goods and services qualify as a small purchase.  
(g) 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 Finance director may procure and contract for 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 need 
for all emergency purchase requests.  
(c) Emergency purchases shall be confirmed by filing a purchase requisition marked "emergency" 
to the 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) Emergency purchases of goods and services 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 Finance director may procure and contract for goods and services without 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 such 
goods or services.

(b) The department requesting a sole source procurement shall provide a written determination, in 
such manner and on such form as the 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.  
(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 Finance director shall have the authority to participate with other units of government for 
the procurement of goods or services in cooperative purchasing agreements when the best 
interests of the city would be served thereby.  
(b) The Finance director shall have the authority to enter into agreements, 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 goods or services provided the 
contracting party complies with all terms and conditions of the cooperative purchasing 
agreement without variation.  
(c) The Finance director shall also have the authority to 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 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 designated employee or agent shall maintain a perpetual inventory record of supplies and 
shall be responsible for the receipt, storage, issuance and distribution of supplies contained 
therein.  
(d) The 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 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 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 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.  Construction and Job Order Contracts. 
(a) All contracts for building, altering, repairing, improving or demolishing city buildings, structures 
or other public improvements shall be awarded only 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 is less than one-
hundred thousand dollars ($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 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. 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 sale, lease, exchange or transfer of city real property may only be made 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.  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 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. 
Exchanges of real property may be made 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, 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 the 
best interests of the city.  
(b) 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. Such 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 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.   
 
SECTION 4.  That the provisions of this ordinance shall become effective thirty (30) days 
after passage of this ordinance by the Glendale City Council. 
 
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale, 
Maricopa County, Arizona, this 26th day of November, 2024.