HomeMy WebLinkAboutORD765ORDINANCE NO.765
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE,CHAPTER 3 ADMINISTRATION,ARTICLE 3-7 CONTRACT
PROCEDURE,SECTION 3-7-1 FORMAL CONTRACT PROCEDURE AND
SECTION 3-7-6 ALTERNATE BID PROCEDURE;REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code,Chapter 3 Administration,Article 3-7
Contract Procedure,Section 3-7-1 Formal Contract Procedure and Section 3-7-6
Alternate Bid Procedure shall be amended to read as follows:
Section 3-7-1 Formal Contract Procedure
Except as otherwise provided herein,purchases,leases,rentals and contracts
for supplies,services,equipment and the sale of personal property of estimated
value greater than ten thousand dollars,shall be by written contract with the
lowest or highest responsible bidder,as the case may be,pursuant to procedure
prescribed herein.
A.Notice Inviting Bids.A notice inviting bids shall include a description of
the articles to be purchased or sold,shall state where bid blanks and
specifications may be secured and the time and place for opening bids.
1.Published Notice.A notice inviting bids shall be published at least
ten days before the date of opening the bids.Notice shall be
published at least once in a newspaper of general circulation,printed
and published in the city.
2.Bidder's List.The purchasing officer shall also solicit sealed bids
from all prospective suppliers whose names are on the bidder's list,or
who have requested their names to be added thereto.
3.Bulletin Board.The purchasing officer shall also advertise pending
leases,rentals,purchases or sales by a notice posted on a public
bulletin board in the city hall.
ORDINANCE NO.765
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B.Bidder's Security.When deemed necessary by the purchasing officer,
bidder's security may be prescribed in the public notices inviting bids.
Bidders shall be entitled to returned bid security,provided that a
successful bidder shall forfeit his bid security upon refusal or failure to
execute the contract within the time specified,dating from award of
contract,unless the city is responsible for the delay.The Council may,on
refusal or failure of the successful bidder to execute the contract,award
i t to the next lowest responsible bidder.I f the council awards the
contract to the next lowest bidder,the amount of the lowest bidder's
security shall be applied by the city to the difference between the low bid
and the second lowest bid and the surplus,if any,shall be returned to the
bidder in default.
C.Bid Opening Procedure.Sealed bids shall be submitted to the purchasing
officer and shall be identified as bids on the envelope.Bids shall be
opened in public at the time and place stated in the public notice.A
tabulation of all bids received shall be available to the public for
inspection during regular business hours for a period of not less than
thirty days following the bid opening.
D.Bid Rejection.At its discretion,the city council may reject any and all
bids.
E.Award of Contracts.Contracts in the amount of $10,000 or greater shall be
awarded to the lowest responsible bidder except as otherwise provided
herein.
F.Tie Bids.I f two or more bids received are for the same total amount or
unit price,quality and service being equal and i f the public interest will
not permit the delay of re -advertising for bids,the city council shall
determine the successful bidder by lot.
G.Performance Bonds.The city council shall have the authority to require a
performance bond before entering a contract in such amount as i t shall find
reasonably necessary to protect the best interests of the city and i f the
city council requires a performance bond,the form and amount of the bond
shall be described in the notice inviting bids.
H.Lease or contract purchase agreements shall have their value estimated as
the cumulative total value of the contract expense to the city.Rentals
shall be valued at the cumulative total of rental payments for the
anticipated rental period or for one calendar year from the start of the
rental for long-term items,whichever is less.
Section 3-7-6 Alternate Bid Procedure
When deemed to be in the best interest of the city,the purchase of supplies and
equipment as provided for in this article may be made by means of an approved
bid through the state purchasing office or by an approved bid through any other
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political subdivision of the state.In such instances,the requirement of the
City to obtain sealed or written bids or to contact prospective suppliers from
the bidders'list or to publish or post notices regarding the bid may be waived.
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,subsection,sentence,phrase,clause or portion of this
ordinance or any part of the code adopted herein by reference is,for any
reason,held to be invalid or unconstitutional by any court of competent
jurisdiction,such decision shall not affect the validity of the remaining
portions thereof.
APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER ,1990,BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 12TH DAY OF NOVEMBER
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
City Attorney
ORDINANCE NO.765
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,1990.
_
ETH BLUNTSCHLY
Mayor