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ORDINANCE NO. 5030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA,
DECLARING
THAT
DOCUMENT
ENTITLED
“2022
AMENDMENTS TO CHAPTER 3, SECTIONS 3-8 THROUGH 3-17” TO BE A
PUBLIC RECORD; AMENDING THE CODE OF THE CITY OF CHANDLER,
CHAPTER 3, MANAGEMENT SERVICES DEPARTMENT-FINANCE AND
PROCUREMENT, BY AMENDING SECTIONS 3-8 THROUGH 3-17;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL
OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY.
WHEREAS, to secure routine and recurring supplies, services, equipment, and to construct
public facilities at the lowest possible cost and the best possible quality and to best serve the
City’s interests and those of City residents, all supplies, services, equipment, and contracts for
construction required by the City should be obtained, purchased, and awarded through City-wide
centralized procurement procedures established by the City Manager in accordance with
applicable State and Federal law and provisions of the City Charter and this Code; and
WHEREAS, these provisions, procedures, and processes are not intended to supplant Council
approval as may be required by the City Charter or that relate to or involve non-routine matters of
public interest or public policy.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
That the Chandler City Code Chapter 3, Management Services Department –
Finance and Procurement, is hereby amended to read as follows (additions in ALL
CAPS, deletions in strikeout):
Section 2.
That certain document known as the “2022 Amendments to Chap. 3, Sections 3-8
through 3-17” one paper copy and one electronic copy of which shall remain on file
in the office of the City Clerk, is hereby declared to be a public record.
Section 3.
That the Chandler City Code, Chapter 3, Management Services Department –
Finance and Procurement, is hereby amended by adoption of the amendments set
forth in "2022 Amendments to Chap. 3, Sections 3-8 through 3-17,” said document
having been declared to be a public record.
Section 4.
Effective Date.
The provisions of this Ordinance shall be effective December 1, 2022.
Section 5.
Providing for Repeal of Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this
ordinance, or any parts hereof, are hereby repealed.
Ordinance No. 5030
Page 2
Section 6.
Providing for Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler,
Arizona, this _____ day of October 2022.
ATTEST:
_______________________________________
____________________________________
CITY CLERK
MAYOR
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona this _____ day
of October 2022.
ATTEST:
_______________________________________
____________________________________
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5030 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
_____ day of October 2022, and that a quorum was present thereat.
____________________________________
CITY CLERK
APPROVED AS TO FORM:
____________________________
CITY ATTORNEY
Published in the Arizona Republic on:
2022 Amendments to Chap. 3, Sections 3-8 through 3-17
{Public Record for Ordinance No. 5030}
The Chandler City Code Chapter 3, Management Services Department – Finance and
Procurement, is hereby amended to read as follows (additions in ALL CAPS, deletions in
strikeout):
CHAPTER 3 MANAGEMENT SERVICES DEPARTMENT – FINANCE AND
PROCUREMENT
3-8. - Written contracts.
All agreements and contracts with the City, having a value greater than five TEN thousand dollars
($5,000.00 $10,000.00) OR GREATER shall MUST be in writing and executed by authorized
representatives of the City. No verbal agreement greater than such amount shall be WILL BIND
binding on the City and no City Employee has authority to verbally bind the City of Chandler to
any course of action.
3-9. - Approval of City Council.
3-9.1. Purchases and miscellaneous agreements.
A. All agreements or contracts for the sale or purchase of any interest in real property require
prior Council approval.
B. Contracts or agreements for a single purchase or a group of purchases of like items, sales,
leases, rentals, contracts for services and equipment and any other agreement or contract shall
MUST not exceed a total of fifty ONE HUNDRED thousand dollars ($50,000.00 $100,000.00)
FOR EACH TERM OF THE CONTRACT OR AGREEMENT unless first approved by Council
action, with the exceptions listed herein EXCEPT AS PROVIDED below.
C. Any amendment or change order to such an agreement or contract REQUIRES PRIOR
COUNCIL APPROVAL IF FOR EACH TERM OF THE CONTRACT OR AGREEMENT THE
AMENDMENT OR CHANGE ORDER which causes the total value AMOUNT of the
agreement or contract to exceed fifty ONE HUNDRED thousand dollars ($50,000.00
$100,000.00) requires prior Council approval.
D. Any amendment or change order to such an agreement or contract previously approved by
Council action REQUIRES PRIOR COUNCIL APPROVAL IF FOR EACH TERM OF THE
CONTRACT OR AGREEMENT THE AMENDMENT OR CHANGE ORDER which causes
the total accumulated amount of amendments or change orders to exceed INCREASE BY ten
(10) ONE HUNDRED THOUSAND DOLLARS ($100,000.00) OR MORE FROM of the
agreement or contract amount originally approved by Council action requires prior Council
approval. Thereafter, any further accumulated amount of amendments or change orders in excess
of ten (10) percent shall require City Council approval.
E. No prior Council approval is necessary REQUIRED for: (i) the purchase of bulk gasoline
FUEL for both RESALE AT THE airport and OR FOR public works inventory; OR (ii)
STATUTORY FEES REQUIRED BY FEDERAL OR STATE LAW; OR (iii) MEMBERSHIP
OR SUBSCRIPTION FEES OR DUES TO AN ORGANIZATION THAT SERVES A PUBLIC
PURPOSE.
F. All agreements for consultants which are not construction related which exceed thirty
thousand dollars ($30,000) require prior Council approval. Consulting agreements are
agreements that the City enters into which provide advice or opinion relating to any matter
whether professional or non-professional services including but not limited to service of an
advisory nature to support policy development, decision-making, administration, or management
of the government, normally provided by persons and/or organizations considered to have
prerequisite knowledge or special abilities not generally available in the government.
F. REGARDLESS OF THE AMOUNT, A CONTRACT OR AGREEMENT FOR NON-
ROUTINE MATTERS OF PUBLIC INTEREST AND POLICY REQUIRES PRIOR COUNCIL
APPROVAL.
3-9.2. Construction of buildings and structures.
A. No contract or agreement for construction of a building or structure or for additions to or
alterations of existing buildings or structures shall MAY exceed a total value of fifty ONE
HUNDRED thousand dollars ($50,000.00 $100,000.00) FOR EACH TERM OF THE
CONTRACT OR AGREEMENT unless first approved by Council action.
B. Except for a financial necessity determined pursuant to subparagraph C. below, any
amendment or change order to an agreement or contract for such construction services previously
approved by Council action which THAT causes the total accumulated amount of amendments
and change orders to exceed INCREASE BY ONE HUNDRED THOUSAND DOLLARS
($100,000.00) OR MORE FROM of the agreement or contract amount originally approved by
Council action, or to exceed fifty thousand dollars ($50,000.00) requires prior Council approval.;
thereafter, any further accumulated amount of amendments or change orders in excess of ten
(10) percent, or in excess of fifty thousand dollars ($50,000.00), requires prior Council approval.
Council may accept a report of staff approved change orders and such acceptance shall authorize
the Department Director or designee to approve additional change orders of ten (10) percent of
the contract amount but not in excess of fifty thousand dollars ($50,000.00).
C. If the City Manager or Assistant City Manager, upon written recommendation of a
Department Director or designee, makes a finding that a change order, which would otherwise
require Council approval under subparagraph B. above, requires immediate approval to prevent
an undue financial burden to the City OR AN UNREASONABLE DELAY OF
PERFORMANCE, the City Manager or Assistant City Manager may approve said change order.
A report of any such financial necessity change order shall MUST be made to the City Council
within five (5) TEN (10) working days and such report shall WILL be placed on a Council study
session agenda as an informational item within twenty (20) THIRTY (30) working days.
3-9.3. Professional services. The procurement of services A CONTRACT OR AGREEMENT
from FOR professional classifications SERVICES shall MAY not exceed a total value of thirty
ONE HUNDRED thousand dollars ($30,000.00 $100,000.00) FOR EACH TERM OF THE
CONTRACT OR AGREEMENT unless first approved by Council action. Any amendment to A
CONTRACT OR an agreement that causes the total value AMOUNT of the CONTRACT OR
agreement to exceed thirty ONE HUNDRED thousand dollars ($30,000.00 $100,000.00) FOR
EACH TERM OF THE CONTRACT OR AGREEMENT requires prior Council approval. Any
amendment to A CONTRACT OR an agreement previously approved by Council action that
causes the total accumulated amount of amendments to INCREASE BY ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) OR MORE FROM exceed ten (10) percent of the
CONTRACT OR agreement amount originally approved by Council action requires prior
Council approval.; thereafter, any further accumulated amount of amendments in excess of ten
(10) percent require City Council approval.
3-9.4. Alternative project delivery contracts. No Design/Build Contract OR AGREEMENT nor
Construction Manager at Risk Contract OR AGREEMENT shall MAY exceed a total value of
fifty ONE HUNDRED thousand dollars ($50,000.00 $100,000.00) unless first approved by
Council action. All Job Order Contracts require prior Council approval, however, only those
work orders and Project Agreements which THAT exceed fifty ONE HUNDRED thousand
DOLLARS ($50,000.00 $100,000.00) require prior Council approval.
3-10. - Central procurement.
In order to secure supplies, services, equipment, and to construct public facilities at the lowest
possible cost and the best possible quality and to best serve the interests of the City and the citizens
RESIDENTS thereof, all supplies, services, equipment, and contracts for construction needed
REQUIRED by the City or any department thereof shall MUST be obtained, purchased, and
awarded through City-wide centralized procurement procedures established by the City
Manager/designee in accordance with applicable State and Federal law and provisions of THE
CITY CHARTER AND this Code.
3-10.1. City Manager/designee shall MAY establish a Central Procurement Office which, under
the supervision of the City Manager/designee shall MUST:
A. Procure all supplies, services, equipment, and construction (except as procured pursuant to
Title 34 of Arizona Revised Statutes) needed REQUIRED by the City or any department thereof;
B. Distribute and transfer SUPPLIES AND EQUIPMENT among the departments and from one
(1) department to another as NECESSARY needed supplies and equipment.
C. Trade, sell, or otherwise dispose of surplus supplies and equipment which THAT cannot be
used by any department or which THAT have become unsuitable for City use. Such surplus
supplies and equipment shall MUST be disposed of in accordance with procedures and
regulations established by the City Manager/designee provided, however, the City
Manager/designee is authorized to donate to nonprofit charitable organizations, and other public
agencies, items which THAT have little value to the general public but are needed by other
public agencies and also items which THAT would be inappropriate to sell to the general public.
The City Manager/designee is also authorized to donate surplus computer equipment and
software which THAT cannot be used by the City to nonprofit charitable organizations or other
public agencies. Items which THAT have little or no value may be disposed of by the City
Manager/designee as s/he THE CITY MANAGER deems appropriate. THE DONATION OF
SURPLUS PERSONAL PROPERTY IN THE AMOUNT OF FIFTY THOUSAND DOLLARS
($50,000.00) OR MORE MUST BE APPROVED BY COUNCIL.
3-11. - Procurement procedures.
3-11.1. All contracts OR AGREEMENTS for the purchase of services, supplies, materials, and
equipment estimated to cost in excess IN THE AMOUNT of fifty ONE HUNDRED thousand
dollars ($50,000.00 $100,000.00) shall OR MORE MUST be procured though an open
competitive process in which qualifications, quality, value, cost and/or other benefits to the City
are considered as the basis for selecting the provider. A Contracts CONTRACT OR
AGREEMENT shall MUST be awarded to that provider which, considering all circumstances
appears to be in the CITY’S best interest of the City. Contracts OR AGREEMENTS for the
purchase of services, supplies, materials, and equipment estimated to cost less than IN AN
AMOUNT LESS THAN fifty ONE HUNDRED thousand dollars ($50,000.00 $100,000.00) but
for more than five TEN thousand dollars ($5,000.00 $10,000.00) may be procured through an
open market quotation procedure established by the City Manager/designee. Contracts OR
AGREEMENTS IN THE AMOUNT OF for five TEN thousand dollars ($5,000.00 $10,000.00)
or less may be procured in a manner THAT best serving SERVES the CITY’S interestS of the
City.
3-11.2. All contracts OR AGREEMENTS for planning, design, and construction of public works
shall MUST be procured in accordance with the requirements of State law. ContractS OR
AGREEMENTS for construction of public improvements for more than that amounts established
in accordance with A.R.S. Title 34 shall MUST either be competitively bid and awarded to the
lowest responsible SUBMITTER or awarded based on qualifications in accordance with the
procedures established in A.R.S. Title 34 for alternate contracting. In accordance with said Title
34, the limit for individual job orders is two million dollars ($2,000,000.00).
3-11.3. All sales of personal property valued in excess of fifty thousand dollars ($50,000.00) OR
MORE shall MUST be MADE to the highest bidder with UNDER the terms THAT best serving
SERVE the CITY’S INTERESTS needs of the City.
3-11.4. Procedures for competitive bidding SOLICATIONS. The City Manager/designee shall
MAY establish bidding COMPETITIVE SOLICIATION procedures, which shall at a minimum
THAT MAY include the following:
A. A notice inviting bids SUBMISSIONS shall MAY be sent to prospective bidders
SUBMITTERS who are listed on the bidders SUBMITTERS lists kept by the City in accordance
with the City's procurement procedures. The notice inviting bids SUBMISSIONS shall MAY
advise where prospective bidders SUBMITTERS can obtain a bid SOLICITATION package,
which will include specifications, and all contractual terms and conditions applicable to the
purchase or project.
B. Such notice inviting bids SUBMISSIONS shall MAY be published a minimum of, if not
more than, fourteen (14) calendar days before the bid due date. Notice shall MAY be PUBLICLY
POSTED THROUGH THE CITY’S ELECTRONIC PROCUREMENT PORTAL published in
the City, by posting on a public bulletin board in the purchasing office or other designated public
bulletin board. PAPER COPIES OF SUCH NOTICE MAY BE REQUESTED FROM THE
CENTRAL PROCUREMENT OFFICE. When required by law, notices of solicitations shall
MAY also be MADE by publication at least once in a newspaper of general circulation
distributed in the City of Chandler.
C. Such notice inviting bids SUBMISIONS shall MAY identify the place, date, and time of the
bid SUBMISSION due date and of the bid opening date.
D. A bid SUBMISSION is late if it is received at the location designated in the invitation for
bids SUBMISSIONS after the time and date set for the bid SUBMISSION due date. A late bid
SUBMISSION shall MUST be rejected and not considered, regardless of the reason for lateness,
including circumstances beyond the control of the bidder SUBMITTER. A late bid
SUBMISSION MUST shall not be opened, except (if necessary) for identification purposes but
shall AND MAY be returned to the bidder SUBMITTER.
E. Bids SUBMISSIONS shall WILL be opened and read aloud at an open public meeting at the
time and place designated in the invitation for bids SUBMITTERS. Bids SUBMISSIONS shall
MUST not be modified after the bid SUBMISSION opening. A bidder SUBMITTER
withdrawing a bid SUBMISSION after the bid SUBMISSION opening shall WILL be deemed
non-responsible and the City may make a claim against the SUBMITTER’S bid bond.
3-11.5. Procedures for awards based on qualifications. The City Manager/designee shall MAY
establish procedures to award contracts based on qualifications in accordance with State law
requirements.
Sec. 3-12. - Reserved.
3-13. - Special circumstances.
3-13.1. Professional services. The procurement of PROFESSIONAL services from professional
classifications without regard to dollar amount of contract, is exempt from the competitive process,
but shall WILL be selected based on qualifications (except as procured pursuant to Title 34 of
Arizona Revised Statutes). Such professional classes shall SERVICES MAY include but is ARE
not be limited to: engineers, management services for construction projects, architects, geologists,
hydrologists, land surveyors, landscape architects, and assayers; real estate, computer
INFORMATION TECHNOLOGY, accounting, actuaries, personnel and insurance consultants;
psychologists, medical doctors, and attorneys-at-law.
3-13.2. Sole source. A purchase may be made, or contract or agreement awarded without
competition when the City Manager designee City Council determines that there is only one (1)
reasonable and practicable source for the required material or service.
3-13.3. Emergencies. Emergency procurement means the procurement of services, supplies,
materials, or equipment, which are required to remedy a situation where PRESERVE OR
PROTECT the health, safety, OR welfare OF RESIDENTS OR property FROM THE
IMMEDIATE THREAT OF HARM OR INJURY is endangered or severely reduced if immediate
corrective or preventive action is not taken. Notwithstanding any other provisions of this chapter,
the City Manager designee may make or authorize others to make emergency procurements of
services, supplies, materials, or equipment, OR CONSTRUCTION WITHOUT PRIOR
COUNCIL APPROVAL when CIRCUMSTANCES OR CONDITIONS EXIST exists which
THAT MAKE makes compliance with established procurement processes impracticable,
unnecessary, or contrary to the public interest; provided that such emergency procurements shall
MUST be made with such competition as is practicable under the circumstances. An emergency
procurement shall MUST be limited to those services, supplies, materials, or equipment, OR
CONSTRUCTION necessary to satisfy the emergency need. THE CITY MANAGER WILL
OBTAIN This section authorizes execution of the subject of the emergency procurement prior to
Council APPROVAL AND ratification of the procurement emergency procurements AS MAY
BE REQUIRED BY THIS CHAPTER AND are not exempt from Council ratification if otherwise
required and such ratification shall be obtained as soon as practical PRACTICABLE after the final
costs of such procurements are established DETERMINED.
3-13.4. Other. Competitive procurement may be dispensed with in accordance with any other
section of this Code or State law, which provides such an exemption.
3-13.5. Competition impracticable. Notwithstanding any other provisions of this chapter, the City
Manager designee may waive or authorize others to waive competitive procurement of services,
supplies, materials, equipment, or construction when a situation CIRCUMSTANCES EXIST
exists that makes MAKE competition impracticable, unnecessary, or contrary to the public interest.
Any procurement under this SUBsection shall MUST be limited to those services, supplies,
materials, equipment, or construction necessary to satisfy the City's need and shall MUST be made
with sound fiscal discretion and not to avoid competition.
3-14. - Cooperative purchasing authorized.
The Central Procurement Office may participate in, sponsor, conduct, or administer cooperative
purchasing with other public agencies and with non-profit groups or organizations established by
public entities for the purpose of cooperative purchasing; provided that competitive purchasing
procedures similar to LIKE those required in the City of Chandler are employed. Such participation
may also consist of the following:
A. Purchasing supplies, services, or equipment through contracts or bid award list of others
provided that competitive purchasing procedures like those required in the City of Chandler were
employed to create such contracts or bid award lists.
B. Purchasing supplies and equipment through Federal programs when authorized by City
Council.
C. Participating in joint or cooperative sale or disposal of City property.
3-15. - General standards of ethical conduct.
3-15.1. ETHICS POLICY. Public employment is a public trust. It is the policy of the City to
promote and balance the objective of protecting government integrity and the objective of
facilitating the recruitment and retention of EMPLOYEES AND qualified procurement personnel
needed by the City. Such THIS policy is implemented by prescribing essential standards of ethical
conduct without creating unnecessary obstacles to entering public service.
3-15.2. PUBLIC EMPLOYEES AND PROCUREMENT PROFESSIONALS. Public procurement
employees AND PROCUREMENT PROFESSIONALS must discharge their duties impartially to
assure fair competitive access to governmental procurement by responsible contractors. Moreover,
they PUBLIC EMPLOYEES AND PROCUREMENT PROFESSIONALS should conduct
themselves in such a manner as to foster public confidence in the integrity of the City Procurement
Organization. ANY ATTEMPT BY A PERSON TO REALIZE PERSONAL GAIN THROUGH
PUBLIC EMPLOYMENT BY CONDUCT INCONSISTENT WITH THE PROPER
DISCHARGE OF THE PUBLIC EMPLOYEE’S DUTIES IS A BREACH OF PUBLIC TRUST.
TO FULFILL THIS GENERAL PRESCRIBED STANDARD, PUBLIC EMPLOYEES AND
PROCUREMENT PROFESSIONALS MUST ALSO MEET THE SPECIFIC STANDARDS AS
SET FORTH IN THIS CODE AND REGULATIONS ESTABLISHED BY THE CITY
MANAGER.
3-15.3. DOING BUSINESS WITH THE CITY. In order to TO achieve the purpose of this chapter,
it is essential that those doing business with the City also observe the ethical standards prescribed
herein. ANY EFFORT BY A PERSON OR ENTITY TO INFLUENCE A PUBLIC EMPLOYEE
TO BREACH THE STANDARDS OF ETHICAL CONDUCT AS SET FORTH IN THE CITY
CHARTER AND CODE AND THIS SECTION IS ALSO A BREACH OF THESE ETHICAL
STANDARDS.
A. Any attempt to realize personal gain through public employment by conduct inconsistent with
the proper discharge of the procurement employee's duties is a breach of public trust. To fulfill this
general prescribed standard, procurement employees must also meet the specific standards as set
forth in this Code and regulations established by the City Manager/designee.
B. Any effort to influence any public employee to breach the standards of ethical conduct as set
forth in the aforementioned section, City Charter and Code is also a breach of ethical standards.
3-16. PROCUREMENT PROCEDURES FOR FEDERAL AND STATE GRANTS.
WHERE AND WHEN APPLICABLE, THESE PROCUREMENT POLICIES AND
STANDARDS MUST BE ADMINISTERED AND APPLY IN ACCORDANCE AND
CONSISTENT WITH FEDERAL OR STATE GRANT PROCUREMENT REQUIREMENTS
AND PROCEDURES. IF A CONFLICT OR AMBIGUITY ARISES OR RESULTS FROM
THESE PROCUREMENT PROCEDURES AND FEDERAL
OR
STATE GRANT
PROCUREMENT PROCEDURES, FEDERAL OR STATE GRANT PROCUREMENT
PROCEDURES PREVAIL AND CONTROL.
3-16. - The Capital Fund Stimulus Grant Procurement Policy.
3-16.1. Capital fund stimulus grants. As used herein, "Capital Fund Stimulus Grants" means
monetary funds granted to or received by City as Fiscal Year 2009 Public Housing Capital Fund
Grants provided by the federal government in accordance with the Federal American Recovery
And Reinvestment Act Of 2009 (the "Recovery Act").
3-16.2. General procurement requirements not applicable. The procurement policies and
standards set out in this Chapter 3 of the Chandler City Code or elsewhere in the Code, or in any
other ordinances, resolutions, policies or regulations implementing the procurement provisions
of the Chandler City Code, shall not apply to goods and services procured with Capital Fund
Stimulus Grants except as allowed under this Section 3-16.
3-16.3. Procurements using Capital Fund Stimulus Grants. When procuring goods and services
using Capital Fund Stimulus Grants, City shall comply with the following procurement
requirements:
(a) Priority. Priority shall be given to Capital Fund Stimulus Grant projects that can be awarded
contracts based on bids within one hundred twenty (120) days from February 17, 2009.
(b) Part 85. City shall comply with the procurement policies and standards set out in Part 85,
of Title 24, of the Code of Federal Regulations ("Part 85"), a public record is hereby adopted by
reference and made a part hereof as if fully set out in this Chapter. In doing so, City shall comply
with the following requirements:
(1) City shall follow all Part 85 provisions regarding conflicts of interest, and shall follow
applicable local or state laws, rules or regulations only to the extent that they are more stringent
and are not contrary to Part 85 or the purposes of the Recovery Act.
(2) City shall follow all Part 85 provisions regarding contract cost and price, including, without
limitation, the requirements under 24 CFR § 85.36(f) that a cost or price analysis must be
performed in connection with every procurement action including contract modifications.
(3) City shall procure goods and services that do not cost more than one hundred thousand
dollars ($100,000.00) through use of the small purchase procedures provided under Part 85,
under which it is sufficient for City to merely obtain price or rate quotations from an adequate
number of qualified sources.
(c) Noncompetitive proposals. Procurement by noncompetitive proposals means procurement
through solicitation of a proposal from only one (1) source, or where, after solicitation of a
number of sources, competition is determined inadequate. Under Part 85, procurement by
noncompetitive proposals may be used only when the award of a contract is infeasible under
small purchase procedures, sealed bids or competitive proposals and one of the circumstances
stated in 24 CFR § 85.36(d)(4) applies. City may use the noncompetitive proposals method, but
only on a contract-by-contract basis and only in compliance with all Part 85 requirements
including the requirement for a cost analysis and the conflict of interest requirement.
(d) Force account. To the extent feasible, city shall consider employing existing or additional
force account laborers on either a permanent or a temporary basis to perform capital fund
stimulus grant work.
(e) Buy American. City shall follow the "Buy American" requirements of Section 1605 of the
Recovery Act where applicable.
3-16.4. Retention of competitive procurement procedures. Notwithstanding the provisions of
subsections 3-16.2 and 3-16.3 above, each of the following shall apply:
(a) In undertaking competitive procurements for goods and services using Capital Fund
Stimulus Grants, City shall comply with the same competitive procurement procedures as are
set out in sections 3-8, 3-10, and 3-11 of Chapter 3 of the Chandler City Code, or in any other
ordinances, resolutions, policies or regulations implementing these sections of the Chandler City
Code, provided such procedures are not contrary to Part 85.
(b) The general standards of ethical conduct set out in section 3-15 of Chapter 3 of the Chandler
City Code shall apply to procurements using Capital Fund Stimulus Grants to the extent that
such standards of conduct are not contrary to Part 85.
(c) Prior city council approval of any procurement contract shall be obtained in accordance with
the requirements of section 3-9 of Chapter 3 of the Chandler City Code
.
3-17. - Suspension; debarment related to award of City Contracts.
A. The City Manager or designee may debar or suspend any A person OR ENTITY from
contracting with the City.
B. THE CITY MANAGER WILL ESTABLISH RULES, POLICIES, AND PROCEDURES AS
APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS SECTION INCLUDING, BUT
NOT LIMITED TO, NOTICE OF INTENT TO SUSPEND OR DEBAR, AN OPPORTUNITY
TO APPEAL A SUSPENSION OR DEBARMENT, THE EFFECTS OF A SUSPENSION OR
DEBARMENT, AND REVOCATION AND REINSTATEMENT PROCEDURES. A PERSON
OR AN ENTITY MAY BE SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR
FROM THE DATE OF SUSPENSION.
C. The causes for debarment or suspension may include, but are not limited to, the following:
(1) Conviction of any person or any subsidiary or affiliate of any person for commission of a
criminal offense arising out of obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such contract or subcontract.
(2) Conviction of any person or any subsidiary or affiliate of any person under any statute of the
federal government, this state or any other state for embezzlement, theft, fraudulent schemes and
artifices, fraudulent schemes, and practices, bid rigging, perjury, forgery, bribery, falsification, or
destruction of records, receiving stolen property or any other offense indicating a lack of business
integrity or business honesty which affects responsibility as a city contractor.
(3) Conviction or civil judgment finding a violation by any person or any subsidiary or affiliate
of any person under state or federal antitrust statutes.
(4) Violations of contract provisions of a character which are deemed to be so serious as to justify
debarment action, such as either of the following:
a. Knowingly failing without good cause to perform in accordance with the specifications or
within the time limit provided in the contract.
b. Failure to perform or unsatisfactory performance in accordance with the terms of a contract,
except that failure to perform or unsatisfactory performance caused by acts beyond the control of
the contractor shall not considered to be a basis for debarment.
c. Submitting any bid, response, or other document to the City, which is deceptive, misleading, or
otherwise intended to gain an unfair advantage in City contracting.
d. Any other cause deemed to affect responsibility as a city contractor, including suspension or
debarment of such person or any subsidiary or affiliate of such person by another governmental
entity for any cause listed in the established rules.
D. Before imposing a suspension or debarment, the City Manager shall give the person or entity
written notice of the intention to suspend or debar along with the grounds for suspension or
debarment by certified mail. If the person or entity intends to contest the suspension or
debarment, they must file with the City Manager within ten (10) business days' of the notice, a
written request for an appeal of the City's action and provide such information or documentation
as may be necessary to support the appeal. For purposes of this Section, "business day" means a
day in which the City Clerk of the City of Chandler is open for business. This notice of appeal
may also request an Administrative Hearing to present their arguments.
E. If requested, an Administrative Hearing shall be scheduled by the City Manager or designee.
This shall be a public hearing, and the person or entity shall be afforded, an opportunity to be
heard and present evidence. Within ten (10) days after the conclusion of such hearing, the City
Manager shall issue a determination to uphold or revoke the suspension or debarment. The
decision of the City Manager shall become final.
F. Suspension or debarment of a person may include any subsidiary or affiliate of such person
or entity. The suspension or debarment of affiliates is based on whether or not the affiliate had
control over or acted in concert with the unit of business being debarred.
G. The City Manager may at any time after a final decision on a suspension or debarment rescind
the suspension or disbarment upon a determination that the cause upon the suspension or
debarment is based no longer exists.
H. The specific effects of being suspended or debarred are as follows:
(1) Existing contracts with Persons subject to a suspension or debarment are subject to review
and may be terminated.
(2) No new contracts, orders, option exercises, or contract extensions shall be authorized with
the debarred or suspended Person.
(3) City officials and staff shall not solicit offers from, award contracts to, or consent to
subcontracts with debarred or suspended Persons.
(4) City officials and staff shall not have discussions with or place debarred or suspended
Persons regarding any solicitation or contract with the City of Chandler even if the solicitation
or contract will be effective after debarment is completed. Discussions and other contact may
only resume after debarment is complete.
(5) Persons subject to debarment or suspension shall not act as agent for, representative of, or
surety on any City of Chandler contract.
(6) Person(s) subject to debarment shall not act as Principal under any transaction with the City
of Chandler. For purposes of this Section Principal is defined as: officer, director, owner, partner,
principal investigator or other person with management or supervisory responsibility, or a
consultant or other person, whether or not employed by the entity which is in a position to handle
funds of the City of Chandler, or occupies a technical or professional position capable of
substantially influencing the development or outcome of performance status.
I. Reinstatement. Persons who are only suspended from City Contracting shall be automatically
reinstated at the conclusion of the suspension period. Persons who have been debarred from City
Contracting must apply to the City Manager for reinstatement for the opportunity to engage in
City Contracting following the conclusion of the debarment period. The application for
reinstatement must demonstrate to the satisfaction of the City Manager that the Contractor is
rehabilitated and has implemented a plan of corrective action which will remove the conditions
or behaviors which led to debarment of the Contractor. The City Manager shall act upon an
application for reinstatement within sixty (60) days.
J. The City Manager may allow a debarred Person to participate in City contracts on a limited
basis if determined that participation is in the best interests of the City.