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HomeMy WebLinkAboutOrdinance 98.22 Amending chapter 3 of the town code relating to administration -^ MARANA ORDINANCE NO. 98.22 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING CHAPTER 3 [ADMINISTRATION] OF THE TOWN CODE OF THE TOWN OF MARANA, BY AMENDING ARTICLE 3-1, TOWN OFFICIALS, ARTICLE 3-2, OFFICERS AND OTHER POSITIONS, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, on March 5, 1996, the Town Council did approve Ordinance No. 96.14, which adopted that certain document entitled "Marana Town Code, Chapter 3 [Administration]" as the third chapter of the official Town Code; and WHEREAS, the Mayor and Council of the Town of Marana have determined that the incorporation of amendments to clarify the positions of Town officials, Town officers, and other Town positions into the Town Code is in the best interests ofthe citizens ofthe Town of Marana. - NOW, THEREFORE BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana Arizona, as follows: Section 1. Section 2. Section 3. Section 4. - That certain document entitled, "CHAPTER 3 [ADMINISTRATION]; ARTICLE 3-1, TOWN OFFICIALS AND ARTICLE 3-2, OFFICERS AND OTHER POSITIONS," three copies of which are on file in the office ofthe Town Clerk ofthe Town of Marana, Arizona, said document having been made a public record by Resolution No. 98-100 of the Town of Marana, Arizona, is hereby referred to and made a part hereof as if fully set out in this ordinance and are hereby adopted and amends Chapter 3 ofthe Marana Town Code. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. 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. Marana, Arizona Ordinance 98.22 Page 1 of 2 ,..-. PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona this 15th day of September, 1998. APPROVED AS TO FORM: ~ /f~ ,tj~ ~ / e~iel i. Hochuli Town Attorney ,-- ~ Marana, Arizona Ordinance 98.22 Page 2 of 2 ~~.1/u~ Mayor ORA MAE ARN CHAPTER 3 Article 3-1 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Article 3-2 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Article 3-3 Section 1. Section 2. Section 3. Section 4. Article 3-4 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. '"''''- Section 8. Section 9. Marana Town Code ADMINISTRATION ............ . . . . 3-1 OFFICERS, DEPARTMENT HEADS, AND EMPLOYE . . . . . . . . . 3-1 Town Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-1 Positions Appointed by the Council, Manager & Department Heads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1 Classification of Employees ................................ 3-2 Non-Employee Positions .................................. 3-3 Compensation and Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-3 Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3 Vacancies; Holding More Than One Office. . . . . . . . . . . . . . . . . . . .. 3-3 Additional Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3 OFFICERS AND OTHER POSITIONS . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-3 Town Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-3 Town Clerk ............................................ 3-7 Town Marshall .......................................... 3-8 Town Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-8 Town Magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-9 Town Attorney .......................................... 3-9 Other Department Heads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-10 PERSONNEL POLICIES .................................... 3-11 Creation and Scope ..................................... 3-11 Conditions of employment ................................ 3-11 Rules and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3-11 Political contributions .................................... 3-11 PURCHASING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11 Scope of Article ........................................ 3-11 Council Approval; When Required .......................... 3-12 Purchasing Director; Duties ............................... 3-12 Emergency Purchases; Procedure. . . . . . . . . . . . . . . . . . . . . . . . .. 3-12 Purchases In General; Bids ............................... 3-12 Exceptions ............................................ 3-13 Bidding Procedure ...................................... 3-13 Lowest Responsible Bidder ............................... 3-14 Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-14 iv Section 10. Section 11. Section 12. Section 13. Section 14. """",- Marana Town Code Purchases from Mayor or Council Members . . . . . . . Professional and Technical Services ............ Surplus Supplies and Equipment .............. Signatures on Checks ................................... State Preemption ....................................... v 3-14 3-14 3-15 3-15 3-15 CHAPTER 3 ADMINISTRATION Article 1. OFFICERS, DEPARTMENT HEADS, AND EMPL Section 1. Town Officers A. There are hereby created, in addition to the mayor and council members, the following officers of the Town of Marana. An officer is defined as a person who is holding an office of trust, command and authority, which method of appointment or term of office have no relevance to authority granted. 1. Town Clerk 2. Town Marshall 3. Town Engineer 4. Town Manager 5. Town Attorney B. These officers shall be appointed from time to time as set forth in this Code. Section 2. Positions Appointed by the Council, Manager & Department Heads A. The following positions shall be appointed from time to time by the town council, and shall be employed at the will of the town council. These positions shall have no term of office, shall be at-will, and shall report directly to the town council. 1. Town Manager 2. Town Clerk/Town Marshall 3. Town Attorney B. The town magistrate shall be appointed by the town council to a three (3) year term of office. C. The following positions shall be appointed from time to time by the town manager, and shall be employed at the will of the town manager. These positions shall have no term of office, shall be at will, and shall report directly to the town manager. 1. Town Engineer 2. Public Works Director 3. Parks & Recreation Director 4. Chief of Police 5. Budget & Finance Director 6. Planning Director 7. Building Official 8. Utilities Director 9. Human Resources Director 10. All Other Department Heads D. All other personnel who are employed under a department head shall be hired by their department head, with the approval of the manager, and shall Marana Town Code 3-1 work at the pleasure of their department head, as provided . the town personnel policies. E. The duties of any employee may be delegated by that e when such deputy position exists. Section 3. Classification of Employees A. All offices in the Town of Marana are divided into classified and unclassified service. The extent to which certain personnel rules or provisions apply to particular employees will depend upon whether those employees are working as classified or unclassified employees. 1. Classified Service. All employees of the Town of Marana not specifically listed as an unclassified employee shall be part of the classified service. Different rules and policies, however, may be established for different groups of employees within the classified service. Employees are directed to the personnel manual for direction and employment protections therein. Unclassified Service. Persons compnslng unclassified service are part of a responsive management team which exists to carry out the goals and policies of the Town of Marana. Any personnel manual or similar document shall not apply to unclassified employees, and such employees shall be considered "at-will" employees. "At-will" employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the grievance procedures or the arbitration procedures. Unclassified employees are not subject to the salary schedule, and shall be paid according to performance and qualifications, to be determined by the appointing authority (either the town councilor the town manager). However, such employees shall receive any general salary increases which may be granted from time to time. The following shall be unclassified employees: 1. Town Manager; 2. Town Clerk/Town Marshall; 3. Town Engineer; 4. Town Attorney; 5. Parks & Recreation Director; 6. Planning Director; 7. Public Works Director; 8. Human Resources Director; 9. Building Official; 10. Chief of Police; 11. Budget & Finance Director; 12. Utilities Director; 13. All Other Department Heads. Marana Town Code 3-2 Section 4. Non-Employee Positions employment The following appointed positions shall not be considered positions and exist outside town personnel policies and provisions: 1. All elected officials and members of boards and commissions; 2. Volunteer personnel and personnel appointed to service without pay; 3. Personnel who render temporary, provisional or special assignment; 4. Part-time personnel employed less than half time (1040 hours per year); 5. Those engaged by the Town on a contractual basis. Section 5. Compensation and Benefits The compensation and benefits of appointed town employees shall be as fixed from time to time by the council or manager. All benefits afforded to classified employees shall be afforded to unclassified employees. Section 6. Bond The council shall require each officer of the town to furnish bond for the due discharge of his or her duties in such sums and with such security as it may direct and approve as determined by resolution. The town shall pay the costs of such bond. At the discretion of the council, such bond may be in the form of a blanket bond with such coverage as deemed necessary. Section 7. Vacancies; Holding More Than One Office Any vacancy that shall occur in any town position shall be filled by appointment of the appointing authority (town council, town manager, or department head). One person may hold more than one position and the functions of a town official may be validly performed and discharged by a deputy or another town official, or an otherwise qualified individual not holding elected office, but employed at the pleasure of the council. Section 8. Additional Powers and Duties In addition to any powers and duties prescribed in this code, each employee shall have such further powers, perform such further duties and hold such other office as may be provided by that employee's direct supervisor. Article 2. OFFICERS AND OTHER POSITIONS Section 1. Town Manager A. Office Established. The position of town manager is hereby created and established. The town manager shall be appointed by a majority of the council on the basis of his or her executive and administrative qualifications and his or her knowledge of accepted practice in respect to the duties of the office as hereinafter set forth. The town manager shall serve at the pleasure of the council. Marana Town Code 3-3 B. Bond. The town manager shall furnish a surety bo approved by the council in such sum as may be determin the council which shall be conditioned upon the faithful ii nce of the duties imposed upon the town manager as here escribed. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S.~9-302 to satisfy this requirement. C. Ineligibilitv of Council Member. No council member shall be appointed town manager during the term for which he or she has been elected to the council. D. Temporary Absence. Notwithstanding the above, the council may designate a qualified administrative officer or a member of the council of the town to perform the duties of town manager during the temporary absence or disability of the permanent town manager. E. Permanent Absence. In the event that a town manager is not employed by the town for any period of time due to resignation, discharge, or for any other reason, all duties designated in this code to the manager shall be performed by any individual so designated by the council. F. Removal from Office. The town manager may be removed by the council by a majority of its members. The town manager must give thirty (30) days notice written notice of his or her intention to resign, provided that the council, upon a majority vote of its members, may waive any or all of this requirement. G. Compensation. The manager shall receive such compensation as the council shall from time to time determine and fix by ordinance, resolution or motion, and said compensation shall be a proper charge against such funds of the town as the council shall designate. The town manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the council by the adoption of its budget. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. H. Powers and Duties. Except as otherwise provided herein, the town manager shall be the chief administrative officer and head of the administrative branch of the town government and shall be responsible to the council for the proper administration of all affairs of the town. In addition to the general powers as the chief administrative officer and not as a limitation thereon, it shall be the manager's responsibility and authority to perform the following: 1. The manager shall execute, on behalf of the council, general administrative supervision and control of the affairs of the town; Marana Town Code 3-4 2. The manager shall attend all meetings of th il with the duty of reporting on or discussing any ma ncerning the affairs of the departments, boards, services activities under his or her supervision, upon which the council should be informed. Exceptions to attending meetings of the council may be granted upon written request by the town manager and approved by the mayor; 3. Pursuant to the provisions of section 33-11 , the manager shall appoint and, when necessary, suspend or remove the appointive officers and employees set forth in section 33-11. All appointments and removals shall be based upon merit and upon the qualifications or disqualifications of such officer or employee without regard to any political belief or affiliation, and in coordination with the appropriate department head. The power of appointment, suspension or removal of the town clerk, town marshall, town engineer, town attorney, and town magistrate shall be expressly reserved to the council; 4. The manager shall coordinate the administrative functions and operations of the various departments, boards, divisions and services of the town government, and on its behalf carry out policies, rules, regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, boards, divisions or services; 5. The manager shall cause to be prepared and submitted to him or her by each department, board, division or service of the town government, itemized annual estimates of expenditures required by them for capital outlay, salaries, wages and miscellaneous operating costs, tabulate the same into a preliminary consolidated municipal budget and submit the same to the council annually on the date specified by it, with his or her recommendations as to any increases, decreases, cancellations, transfers or changes in any of the items included in the preliminary budget; 6. The manager shall supervise the expenditures of all departments, divisions or services of the town government and to act as purchasing agent for the purchase of all supplies, goods, wares, merchandise, equipment and material which may be required for any of such departments, divisions or services; 7. The manager shall analyze and supervise the functions, duties and activities of the various departments, boards and services of the town government and all employees thereof; 8. The manager shall develop and organize necessary improvement projects and programs and aid and assist the council and the various departments and boards in carrying the same through to a successful conclusion; Marana Town Code 3-5 9. The manager shall serve as public relations 0 government, and follow through and ende complaints filed against any employee, de thereof to the end. The manager shall ma e satisfy all citizens that their town government is in their behalf with the highest degree of efficiency; f the town adjust all nt or service every effort to being operated 10. The manager shall cooperate with all community organizations whose aims and purposes are to advance the interests of the town and its residents and provide them with all reasonable assistance obtainable through the town government within the limitations of the law; 11. The manager shall make and keep an up-to-date inventory of all personal property owned by the town and recommend to the council the purchase of new machinery, equipment and supplies whenever, in his or her judgment, the same can be obtained at the best advantage, taking into consideration trade-in value of machinery, equipment, etc., in use; 12. The manager shall make, or cause to be made, studies and surveys of the duties, responsibilities and work of the personnel in the various departments and services of the town government and recommend to the council abolition or consolidation of positions or transfers or removal of personnel, whenever in his or her judgment, such action would increase efficiency in the administration of the town government; 13. The manager shall, in cooperation with the police department, see that all laws and ordinances of the town and the state are duly enforced; 14. The manager shall devote his or her entire work effort to the discharge of his or her official duties. Exceptions to this requirement may be granted by the council acting upon a written request from the town manager; 15. The manager shall perform such other duties as may be required of him or her by the council, not inconsistent with the laws of the state, this code or the ordinances of the town. I. Limitations Upon Responsibility. The town manager shall not exercise any policy making or legislative functions whatsoever, nor attempt to commit or bind the councilor any member thereof to any action, plan or program requiring official action of the council. It is not intended by this article to grant any authority to, or impose any duty upon, the town manager which is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except herein specifically set forth. Marana Town Code 3-6 J. Conduct. In the discharge of his or her duties as ger, the person holding such position shall endeavor at all to exercise the highest degree of tact, patience, integrity and sy in his or her contacts with the public and with all town s, departments and employees and shall use his or her best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained. Section 2. Town Clerk A. Office Established. The office of town clerk is hereby created and established. The town clerk shall be appointed by the town council upon the recommendation of the manager and shall perform the duties of the office of town clerk under the general and specific direction of the town council. B. Bond. The town clerk shall furnish a surety bond to be approved by the council in such sum as may be determined by the council which shall be conditioned upon the faithful performance of the duties imposed upon the town clerk as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S. 99-302 to satisfy this requirement. C. Absence Of Town Clerk. In the absence of the town clerk, the deputy town clerk shall be the acting town clerk. If the deputy town clerk is unavailable or unable to perform the required duties, the town manager or other designee of the council shall be the acting town clerk. The acting town clerk shall have the duties and responsibilities of the town clerk as established by law, this code or ordinance. D. Compensation. The town clerk shall receive such compensation as the council shall fix at the time of appointment of the town clerk, and said compensation shall be a proper charge against the funds of the town. The town clerk shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the council by the adoption of its budget. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. E. Powers and Duties. The town clerk shall have those powers and duties set forth by state law as well as town ordinance, resolution, order or directive. In addition to the powers and duties set forth above, it shall be the clerk's responsibility and authority to perform the following: 1. The clerk shall keep a true and correct record of all business transacted by the council and any other records that either Marana Town Code 3-7 pertain to the business of the town or that t The clerk shall number, plainly label, and fil suitable cabinet, all resolutions, notices, dee paid and unpaid vouchers, inventories, letter documents of whatever nature; directs. rately in a eys, leases, ders and other 2. The clerk shall keep convenient for public inspection all public reports and public documents under the control of the clerk, as provided by state statute; 3. The clerk shall prepare and collect from town officers and employees such monthly reports prepared in such manner and to include such information as may be directed by the council; 4. The clerk shall prepare or cause to be prepared all minutes of council proceedings and ensure their correctness and accuracy; 5. The clerk shall process, record, file, publish and, if required by state statute, post all ordinances, resolutions, budgets and notices that may be passed by the council; 6. The clerk shall also be the treasurer of the town, and have such duties and responsibilities as prescribed by state law; 7. The clerk shall be the town election official and perform those duties required by state statute and as directed by the council; 8. The clerk shall issue or cause to be issued all licenses that may be prescribed by state statute, town ordinance or this code; 9. The clerk shall perform those administrative responsibilities and duties that are conferred upon the clerk by the council in addition to those specified in town ordinances and this code. Section 3. Town Marshall The town marshall shall be the town clerk and shall perform such duties as may be required by law and as the council may deem necessary. Section 4. Town Engineer A. Office Established. The office of engineer is hereby created and established. The town engineer shall be appointed by the town manager and shall perform the duties of the office of town engineer under the general and specific direction of the town manager. B. Bond. The town engineer shall furnish a surety bond to be approved by the council in such sum as may be determined by the council which shall be conditioned upon the faithful performance of the duties imposed upon the town engineer as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a Marana Town Code 3-8 blanket bond pursuant to the provisions this requirement. satisfy C. Compensation. The town engineer shall receive compensation as the town manager shall fix at the time of appointment of the town engineer, and said compensation shall be a proper charge against the funds of the town. The town engineer shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the manager. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the manager. D. Powers and Duties. The town engineer shall have those powers and duties set forth by state law as well as town ordinance, resolution, order or directive. Notwithstanding the above, the town engineer shall have charge of the town streets and public works and shall perform such duties as may be required by law and such other duties as the town manager may deem necessary. Section 5. Town Magistrate A. Office Established. The office of town magistrate is hereby created and established. The town magistrate shall be appointed by the town council. B. Absence Of Town Magistrate. In the absence of the town magistrate he or she shall be responsible for providing a judge pro tempore to act as the town magistrate during the absence of the magistrate. C. Compensation. The town magistrate shall receive such compensation as the council shall fix at the time of appointment of the town magistrate, and said compensation shall be a proper charge against the funds of the town. D. Powers and Duties. The town magistrate shall be the presiding officer of the magistrate court and shall perform those functions necessary to the maintenance of the town magistrate court as provided by state statute and by chapter 5 of this code. Section 6. Town Attorney A. Office Established. The position of town attorney is hereby created and established. The town attorney shall be appointed by the town council upon the recommendation of the manager and shall be chosen on the basis of his or her qualifications and knowledge of accepted practice in respect to the duties of the office as hereinafter set forth, and shall perform the duties of the office of town attorney under the general and specific direction of the council. Marana Town Code 3-9 B. Bond. The town attorney shall furnish a surety bo approved by the council in such sum as may be determin the council which shall be conditioned upon the faithful p nce of the duties imposed upon the town attorney as here scribed. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S.S9-302 to satisfy this requirement. C. Compensation. The town attorney shall receive such compensation as the council shall from time to time determine and fix by ordinance, resolution or motion, and said compensation shall be a proper charge against such funds of the town as the council shall designate. The town attorney shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the manager. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the manager. D. Powers and Duties. 1. The town attorney is the administrative head of the legal department under the direction and control of the council. 2. The town attorney shall act as the legal counselor and of the council and other town officials, as designated council, and as such shall give his or her opinions. requested such opinion shall be in writing. advisor by the When 3. The town attorney shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when requested by the councilor manager. 4. The town attorney shall approve or disapprove as to form, in writing, all documents submitted to him or her. 5. The town attorney shall return within ten days all ordinances and resolutions submitted to him or her for consideration by the council or manager, with his or her approval or disapproval as to form noted thereon, together with his or her reasons therefor if disapproved. 6. The town attorney shall prosecute and defend all suits, actions or causes where the town is a party and report to the council, when required, the condition of any suit or action to which the town is a party. Section 7. Other Department Heads Marana Town Code 3-10 A. Office Established. The positions of budget an director, building official, human resources director, planni ctor, police chief, public works director, parks & recreatio "ctor, utilities director, and other department heads design by the town manager are hereby created and established. hese department heads shall be appointed, suspended or removed by the manager and shall perform their duties under the general and specific direction of the town manager. B. Compensation. These department heads shall receive such compensation as the manager shall fix from time to time. c. Duties. These department heads shall be charged with the responsibilities set forth by the manager, and shall perform the duties of their office under the general and specific direction of the town manager. Article 3. PERSONNEL POLICIES Section 1. Creation and Scope The town council shall adopt a personnel system for the employees of the town, the provisions of which, apply to all classified employees of the town. The town council may adopt rules and procedures pertaining to the officers of the town appointed directly by the council. Section 2. Conditions of employment The appointment, promotion and tenure of every employee shall be conditioned solely on merit and fitness and the satisfactory performance of the duties and responsibilities assigned. No employee or applicant shall be discriminated against on the basis of race, color, religion, sex or political affiliation. Section 3. Rules and Regulations The town councilor town manager may adopt rules, regulations and policies to give effect to this article, which may be modified or changed from time to time, but such rules and regulations shall follow the generally accepted principles of good personnel administration. Section 4. Political contributions No officer, official or employee of the town shall use any influence or pressure upon any employee to obtain any assessment or contribution of money or time, either direct or indirect, for any political campaign or personal gain. Article 4. PURCHASING Section 1. Scope of Article Marana Town Code 3-11 This article shall govern the purchase of any goods or s behalf of the town. This article is intended to supplement s should applicable state law provide more strict provisi proposed transaction, those more stringent provisions shall apply. r or on w, however garding any Section 2. Council Approval; When Required A. Notwithstanding other provisions of this article, no purchases shall be made by or on behalf of the town without first obtaining council approval in the following instances: 1. Where prior approval is required by state law or town code; 2. Where funds for the purchase are not provided in the budget as adopted; Section 3. Purchasing Director; Duties A. The manager shall serve as the purchasing director and shall direct and control all purchases of goods and services made by or on behalf of the town. The purchasing director may delegate his or her administrative function. B. The purchasing director shall approve or deny all purchase requests and shall report to the council on any purchase requiring council approval. Section 4. Emergency Purchases; Procedure In case of an emergency which requires immediate purchase of supplies or services and when time is of the essence and applicable state law does not provide otherwise, the mayor shall be empowered to authorize the purchasing director to acquire goods or services without complying with the requirements and procedures in this article. A full report of the circumstances of such emergency and the goods or services obtained shall be made to the council at its next regular meeting. Section 5. Purchases In General; Bids A. Purchases Under $1.000. Whenever the contemplated purchase or contract for services is for the sum of less than $1,000, upon completion of a requisition form and purchase order form, the purchasing director may obtain the goods or services without further formality. B. Over $1.000 But Under $10,000 Inclusive. Whenever any contemplated purchase or contract for services is for the sum of at least $1,000 but not more than $10,000, the purchasing director is authorized to let contracts on an "informal bid" process, by obtaining at least three bids by phone or in writing. The purchasing director may then award the purchase or contract of service to the lowest responsible bidder. Marana Town Code 3-12 C. In Excess of $10.000. Whenever any contemp urchase or contract for services is for a sum exceeding $10, e purchasing director shall cause to be published in two issues newspaper of general circulation in the town, notice inviting bids, which notice shall be published at least ten days prior to the date set for the receipt of bids. The notice herein required shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids. In addition, the purchasing director shall post a notice inviting bids in the town hall and may also mail to all responsible prospective suppliers a copy of the notice inserted in the newspaper. The bid shall be awarded by the purchasing director as provided herein. Section 6. Exceptions A. Exclusive Service. In the event that there is only one firm or company or individual capable of providing a particular service or commodity and such services or commodities cannot be secured from other persons or companies, the bidding procedures set forth in section 33-47 shall not be applicable, and such services or commodities may be secured without bidding. The town manager shall report to the council at the next regularly scheduled meeting any such purchases. B. Used Equipment. Upon recommendation of the town manager, the council may elect to waive the bid procedures with respect to the purchase of used equipment. C. Cooperative Purchasing. In the event of a purchase made by, through, or with the State of Arizona or its political subdivisions, the purchasing director may approve such purchases or award such contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service, if in the opinion of the town manager a separate bidding process is not likely to result in a lower price for such items or services. Section 7. Bidding Procedure A. Except as provided in state law, the purchasing director shall follow the procedure set forth in this section for all purchases and contracts subject to the formal bidding process: 1. A notice of solicitation for bids shall state the date, time and place of opening, and the place and time period within which bids shall be submitted. 2. The notice shall state with particularity the goods or services required and shall state the place where specifications may be examined. Marana Town Code 3-13 3. Bids shall be submitted in a sealed envelope c a bid on the front of the envelope. Any bid the time period allowed shall be rejected. 4. All bids shall be opened in public at the time and place specified, and a tabulation of all bids shall be posted in town hall for public inspection. 5. All bidders shall be notified in writing of the award or rejection of any and all bids. Section 8. Lowest Responsible Bidder A. Unless the purchasing director exercises the right of rejection, all goods and services shall be awarded to the lowest, responsible bidder. In determining the lowest, responsible bidder, the councilor the purchasing director shall consider: 1. The ability, capacity and skill of the bidder to perform the contract or provide the services required in a timely manner; 2. The quality of performance in previous contracts with the town, together with previous and existing compliance with the ordinances of the town; 3. The financial resources and ability of the bidder; 4. The quality, availability and adaptability of the goods or service. B. The purchasing director shall select providers of goods and services without regard to race, color, national origin, ethnicity, religion or creed, sex, handicap, age, marital or familial status as required by the town policy of equal opportunity and non-discrimination. Section 9. Performance Bond The purchasing director shall have the authority to require a performance bond, in such amount as the purchasing director may deem sufficient, to secure the execution of a contract for construction, provided however, that in a contract for construction in excess of $10,000, such a bond shall be required. In all cases of construction to which state law applies, any requirement for a bond shall be incorporated into the contract. Section 10. Purchases from Mayor or Council Members Pursuant to A.R.S. S38-503(C), the town, through its council, may purchase supplies, materials and equipment not to exceed three hundred dollars in cost in any single transaction or a total of one thousand dollars annually, from the mayor or any member of the council without using competitive public bidding procedures according to an annually adopted town policy. Marana Town Code 3-14 Section 11. Professional and Technical Services A. The provisions of this article shall not apply technical services. B. No person or firm practicing in a professional or technical field for which a license is required by state law shall be engaged by the town unless possessing a current license in good standing. C. Upon engagement, the town shall enter into a written agreement or memorandum of understanding for the performance of professional and technical services setting forth the scope of services and the unit or total price therefor. Section 12. Surplus Supplies and Equipment All departments and offices shall submit to the purchasing agent, at such time and in such form as shall be prescribed, reports showing all supplies and equipment which are no longer used or have become obsolete or worn out. The purchasing agent shall have the authority to sell all supplies and equipment which cannot be used or which have become unsuitable for town use, or to exchange the same for or trade in the same for new supplies and equipment in accordance with applicable state statutes. Section 13. Signatures on Checks A. All checks for expenditures of town monies shall bear one signature of either the town manager, town clerk, mayor or vice-mayor. Section 14. State Preemption Notwithstanding any other portion of this article, in the event any purchase or contract falls within the definitions for limitations of A.R.S. 934-201 et.seq., as amended, the provisions, requirements and specifications of the relevant portions of the Arizona Revised Statutes shall supersede this chapter and control any such bidding procedures. Marana Town Code 3-15