Ordinance No. 851

AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF

PRESCOTT VALLEY, A MUNICIPAL CORPORATION OF ARIZONA, ADOPTING BY

REFERENCE A DOCUMENT ENTITLED " PURCHASING PROCEDURE AMENDMENTS"

DECLARED BY RESOLUTION NO. 2067 TO BE A PUBLIC RECORD) TO AMEND

TOWN CODE SECTIONS 2- 02-040 " POWERS AND DUTIES OF THE MAYOR," 3- 02-010

TOWN MANAGER," 3- 04-010 " PURCHASING PROCEDURE," 3- 04- 020 " EXCLUSIVE

SOURCE," SECTION 3- 04-080 " PROFESSIONAL SERVICES," AND SECTION 3- 04-090

COOPERATIVE PURCHASING", AND ADOPT A NEW SECTION 3- 04- 100

INTERGOVERNMENTAL PURCHASING" TO ( AMONG OTHER THINGS) REFLECT

CURRENT BEST PRACTICES RECOMMENDED BY THE GOVERNMENTAL FINANCE

OFFICERS ASSOCIATION (GFOA) AND COMPLY WITH REVISIONS TO APPLICABLE

STATE AND FEDERAL LAWS AND REGULATIONS; PROVIDING THAT ALL OTHER

CHAPTERS, ARTICLES AND SECTIONS OF THE TOWN CODE, NOT HEREIN

RE-ENACTED OR AMENDED, SHALL REMAIN IN FULL FORCE AND EFFECT;

PROVIDING THAT, IF ANY PROVISION IN THIS ORDINANCE IS HELD INVALID BY

A COURT OF COMPETENT JURISDICTION, THE REMAINING PROVISIONS SHALL

NOT BE AFFECTED BUT SHALL CONTINUE IN FULL FORCE AND EFFECT; AND

PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE THIRTY ( 30) DAYS

AFTER ITS PASSAGE AND APPROVAL ACCORDING TO LAW.

WHEREAS, A.R.S. § 9-246 requires the Town Council to publish at least ten( 10) days

before the biennial election a full and correct statement of all monies received into the treasurysince the last report, the sources from which they were derived, and all disbursements andexpenditures( and the account upon which the disbursements and expenditures were made); and

WHEREAS, in exercising the Town' s corporate powers under A.R.S. § 9- 231( A) the

Council has set forth in Town Code Article 3- 04 certain procedures and limitations for makingTown purchases; and

WHEREAS, the Council also establishes the powers of the Mayor and Town Manager

from time to time in accordance with A.R.S. §§ 9- 236 and 9- 303( B), respectively; and

WHEREAS, current best practices recommended by the Governmental Finance OfficersAssociation( GFOA), changes to state and federal statutes and regulations, and comparison with

Arizona municipalities of similar size have suggested the need for revisions to certain of the

Town financial policies ( including certain amendments to Town Code Article 3- 04 and TownCode §§ 2- 02-040 and 3- 02-010 relating, respectively, to the powers of the Mayor and TownManager with regard to expenditures); and

WHEREAS, the Council finds that these Town Code amendments are designed to helppreserve the peace, health and safety of the community; and

WHEREAS, A.R.S. § 9- 802 provides for adoption by reference of" public records"; and

WHEREAS, the document entitled" Purchasing Procedure Amendments" has beendeclared by Resolution No. 2067 to be a" public record";

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON

COUNCIL OF THE TOWN OF PRESCOTT VALLEY, ARIZONA, AS FOLLOWS:

SECTION ONE. That certain document entitled" Purchasing Procedure Amendments",

declared to be a" public record" by Resolution No. 2067 (and available for public inspection inthe Office of the Town Clerk, 7501 East Civic Circle, Prescott Valley, Arizona, 86314), is

hereby referred to, adopted and made a part hereof as if fully set forth herein.

SECTION TWO. That, all other Chapters, Articles and Sections of the Town Code not

herein re-enacted and amended shall remain in full force and effect.

SECTION THREE. That, ifany provision in this Ordinance is held invalid by a Court ofcompetent jurisdiction, the remaining provisions shall not be affected but shall continue in fullforce and effect.

SECTION FOUR. That this Ordinance shall be effective thirty( 30) days after its passageand approval according to law.

PASSED AND APPROVED by the Mayor and Common Council of the Town ofPrescott Valley, Arizona, this

11th

day of October, 2018.

Harvey C. Sko i g, Mayor

ATTEST:

e Russell, ow Clerk

APPROVED AS TO FORM:

van e er Townt; y

PURCHASING PROCEDURE AMENDMENTS

SECTION 1. That Section 2- 02- 040 " Powers and Duties of the Mayor" in Article 2- 02MAYOR" in Chapter 2 " MAYOR AND COUNCIL" of the Town Code of the Town of Prescott

Valley, Arizona, is hereby amended to read as follows:

2- 02-040 Powers and Duties of the Mayor.

The powers and duties of the Mayor shall include the following:

E. The Mayor shall sign all contracts of thirty thousand dollars ($ 30, 000) or more, as well

as any contracts involving intergovernmental agreements, development agreements,or federal, state or county grants, following approval by the Council.

Ord. No. 8518, Enacted, 06/ 28/ 79; Ord. No. 851178, RepEtReEn, 05/ 26/ 88; Ord. No. 851491, Amended, 10/ 26/ 00;

Ord. No. 851, Amended, 10/ 11/ 18)

SECTION 2. That Section 3- 02- 010 " Town Manager" in Article 3- 02 " OFFICERS" in

Chapter 3 " ADMINISTRATION" of the Town Code, is hereby amended to read as follows:

3- 02-010 Town Manager.

E. Powers and Duties. The Town Manager shall be the administrative head of the

government of the Town under the direction and control of the Council, except as

otherwise provided in this Chapter. He shall be responsible to the Council for theproper administration of all affairs of the Town. In addition to his general powers as

administrative head and not as a limitation thereon, it shall be his duty and he shallhave the powers set forth in the following paragraphs.

11. Sign contracts for materials, supplies, equipment and services costing less thanthirty thousand dollars ($ 30, 000), except as provided in Section 2- 02- 040. Such

contracts may be signed without further Council approval, except that non-budgeted materials, supplies, equipment and services shall first require Council

approval.

Ord. No. 8513, Enacted, 10/ 26/ 78; Ord. No. 8518, RepEtReEn, 06/ 28/ 79; Ord. No. 851178, RepEtReEn, 05/ 26/ 88;

Ord. No. 851491, Amended, 10/ 26/ 00; Ord. No. 851524, Amended, 06/ 13/ 02; Ord. No. 851, Amended, 10/ 11/ 18)

SECTION 3. That Section 3- 02- 010 " Purchasing Procedure" in Article 3- 04PURCHASING PROCEDURE" in Chapter 3 " ADMINISTRATION" of the Town Code, is hereby

amended to read as follows:

3- 04- 010 Purchasing Procedure.

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A. The Town Manager is the purchasing officer for the Town. He may, however, delegatepurchasing duties to Department Directors or other agents ( and Department Directorsmay, in turn, delegate purchasing duties to other responsible employees or agents).No purchase or contract for purchase of any kind or description ( payment for which isto be made from funds of the Town) shall be made by the purchasing officer, or anyother officer, employee or agent of the Town, except in the manner set forth in thisArticle and the related regulations adopted by the Town Council.

B. For purposes of this Article, a " purchase" involves obtaining title, possession or use bymeans of monetary payment, including ( but expressly not limited to) renting, leasingor otherwise acquiring, any materials, services, professional services or construction.Purchases hereunder do not include obtaining title to or possession or use of realproperty.

C. Under $ 30, 000. 00 - Purchases or contracts for purchases requiring expenditures of lessthan thirty thousand dollars ($ 30, 000. 00) may be made by the purchasing officerwithout formally inviting bids. However, any other requirements set forth in Townregulations, Town Code provisions, Arizona statutes and regulations, or federal

statutes and regulations shall be complied with.

D. $ 30, 000. 00 and Over - Purchases or contracts for purchases requiring expenditures of

thirty thousand dollars ($ 30, 000. 00) or more shall not be made by the purchasingofficer until he has caused to be published in one ( 1) issue of a newspaper of general

circulation in the Town a notice inviting bids. The notice shall be published at least

ten ( 10) days prior to the date set for the receipt of the bids. The notice shall include

a general description of the articles to be purchased or services to be performed andthe time and place for opening bids. In addition, the purchasing officer shall post a

notice inviting bids in the Town Hall and may also mail to all responsible prospectivesuppliers a copy of the notice inserted in the newspaper. To the extent other

requirements may apply based on related Town regulations, Town Code provisions,Arizona statutes and regulations, or federal statutes and regulations, those shall alsobe complied with. In the case of any conflicts with state or federal statutes orregulations, the state or federal statutes or regulations shall prevail.

C. If no exception applies, the bid ( and any related contract) shall be awarded by theCouncil to the lowest responsible and responsive bidder. However, the Council may,

at its discretion, reject any and all bids and direct staff to re- advertise for bid or takeother action.

Ord. No. 85118, Enacted, 12/ 13/ 79; Ord. No. 85165, Rep£rReEn, 01/ 14/ 82; Ord. No. 851178, Rep& ReEn,05/ 26/ 88; Ord. No. 851426, Amended, 10/ 09/ 97; Ord. No. 851491, Amended, 10/ 26/ 00; Ord. No. 851, Amended,10/ 11/ 18)

SECTION 4. That Section 3- 04- 020 " Exclusive Service" in Article 3- 04 " PURCHASINGPROCEDURE" in Chapter 3 " ADMINISTRATION" of the Town Code, is hereby amended to readas follows:

3- 04- 020 Exclusive Source.

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In the event that there is only one ( 1) firm, company or individual reasonably capable ofproviding the particular materials, services or construction such materials, services or

construction can be secured without bidding.

Ord. No. 85118, Enacted, 12/ 13/ 79; Ord. No. 85165, RepBReEn, 01/ 14/ 82; Ord. No. 851178, RepBReEn,

05/ 26/ 88; Ord. No. 851, Amended, 10/ 11/ 18)

SECTION 5. That Section 3- 04- 080 " Professional Services" in Article 3- 04

PURCHASING PROCEDURE" in Chapter 3 " ADMINISTRATION" of the Town Code, is herebyamended to read as follows:

3- 04-080 Professional Services.

The bidding requirements of this Article shall not apply to professional services. Such servicesinvolve those requiring special knowledge, education or skill where the qualifications of

persons rendering the services are of primary importance. They include, but are not limitedto, physicians, attorneys, engineers, architects, software providers and other IT support,

auditors, banking service providers, etc.

Ord. No. 85118, Enacted, 12/ 13/ 79; Ord. No. 85165, Rep& ReEn, 01/ 14/ 82; Ord. No. 851178, RepBReEn,05/ 26/ 88; Ord. No. 851, Amended, 10/ 11/ 18)

SECTION 6. That Section 3- 04- 090 " Cooperative Purchasing" in Article 3- 04PURCHASING PROCEDURE" in Chapter 3 " ADMINISTRATION" of the Town Code, is hereby

amended to read as follows:

3- 04- 090 Cooperative Purchasing.

Purchases from third-party providers made by, through or with the federal government or itsagencies, the State of Arizona or its political subdivisions, or other political entities or non-

profit cooperative purchasing organizations that have already procured the materials, servicesor construction from said providers through a competitive bidding process do not require thebidding process set forth in this Article.

Ord. No. 85118, Enacted, 12/ 13/ 79; Ord. No. 85165, RepBReEn, 01/ 14/ 82; Ord. No. 851178, RepBReEn,

05/ 26/ 88; Ord. No. 851790, Amended, 04/ 24/ 14; Ord. No. 851, Amended, 10/ 11/ 18)

SECTION 7. That a new Section 3- 04- 100 " Intergovernmental Purchasing" be herebyenacted in Article 3- 04 " PURCHASING PROCEDURE" in Chapter 3 " ADMINISTRATION" of the

Town Code, to read as follows:

3- 04- 100 Intergovernmental Purchasing.

Purchases of materials, services and construction directly from ( or other payments directlyto) the federal government or its agencies, the State of Arizona or its political subdivisions, or

other national, regional or local governmental entities do not require the bidding process setforth in this Article.

Ord. No. 851, Enacted, 10/ 11/ 18)

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