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HomeMy WebLinkAboutOrdinance 2022.001 Revising Marana Town Code Title 3; Revising Chapter 3-4 GABRIELLA CAZARES-KELLY, RECORDER i��, / ', �` 111101010110101110101113110111111111111111111101111 I I I II I II I IIIIIIIIIIIII III III IIIIII I II Recorded By: LW __` DEPUTY RECORDER Air 1 10i SEQUENCE: 20220700129 41 h t NO. PAGES: 7 SMARA VI PIMA COUNTY f ���,,a``oxnkxsoFr- ..,' 03/9146044 TOWN OF MARANA i� PICKUP MARANA Al 520-382-1999 .41).(\, itasstk MARANA AZ NOTICE OF SCRIVENER'S ERROR The Town of Marana is recording a SCRIVENER'S ERROR for the Marana Ordinance No. 2022.001 . The Ordinance was originally recorded on 02/18/2022 at Sequence No. 20220490088 in the Pima County Recorder's office. Exhibit A - Resolution No. 2022-007 was not included at the time of recordation. This Scrivener's Error reflects the attached Resolution No. 2022-007. Dated: March 9, 2022 ///7 -740er ._. miap1.1a-faifiLP r* Cherry La;'' son Marana Town Clerk NOTARIAL ACKNOWLEDGMENT Stat of Arizona County of Pima This instrument was acknowledged before me this 9th day of March, 2022, by Cherry Lawson. 4f Nolette Hernandez li t, .dd �� °.�L Notary Public ,� ����� �� Pima County,Arizona Notary PP-bile Comm.Expires 04-11-23 P tl Commission No.564180 p Ws® .....,0..14 wow.. f 7 • GABRIELLA CAZARES-KELLY, RECORDER „ Recorded By: EYC 00.0 DEPUTY RECORDER g• `, 4 SEQUENCE: 20220490068 5013 ti ` NO. PAGES: 2 �4 P IMA COUNTY yr SMARA �lf��RECORDF12 OFFICF f 02/18/2022 10:18:34 TOWN OF MARANA \�`..."'� PICKUP MARANA ORDINANCE NO. 2022.001 RELATING TO PROCUREMENT; REVISING MARANA TOWN CODE TITLE 3 (ADMINISTRATION); REVISING CHAPTER 3-4 (PROCUREMENT); REVISING SECTION 3-4-5 (DEFINITIONS) TO DELETE DEFINITIONS AND TO ADD A NEW DEFINITION; REVISING SECTION 3-4-7 (TOWN COUNCIL APPROVAL) TO INCREASE PURCHASE AMOUNTS REQUIRING TOWN COUNCIL APPROVAL; REVISING SECTION 3-4-8 (TOWN MANAGER APPROVAL) TO INCREASE AND DIVERSIFY THE LIMITS FOR APPROVAL OF A PURCHASE BY THE TOWN MANAGER; REVISING SECTION 3-4-19 (SMALL PURCHASES) TO INCREASE THE AMOUNT FOR A SMALL PURCHASE PROCUREMENT PROCEDURE AND TO INCREASE THE AMOUNT FOR ADOPTED OPERATIONAL PROCEDURES; AND DESIGNATING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The revisions to the Marana Town Code Title 3 (Administration), Chapter 3-4 (Procurement), one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana,Arizona,which was made a public record by and attached as Exhibit A to Resolution No. 2022-007 of the Town of Marana, Arizona, and is hereby referred to, adopted and made a part of this ordinance as if fully set out here. Section 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. 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, the decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall become effective on the thirty-first day after its adoption. 00078946.DOCX/1 Ordinance No.2022.001 - 1 - r, PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of January 2022. t 4�__ Mayor Ed onea ATT 4100, APPRO D AS TO FORM: 11111 AW Cherry :wson, own Clerk Ja►- -airall, Town Attorney 40.66, MARANA AZ F STAE4.M4EO 1977 00078946.DOCX/1 Ordinance No.2022.001 - 2- EXHIBIT A MARANA RESOLUTION NO. 2022-007 RELATING TO PROCUREMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE REVISIONS TO MARANA TOWN CODE ADOPTED BY MARANA ORDINANCE NO. 2022.001; REVISING MARANA TOWN CODE TITLE 3 (ADMINISTRATION); REVISING CHAPTER 3-4 (PROCUREMENT); REVISING SECTION 3-4-5 (DEFINITIONS) TO DELETE DEFINITIONS AND TO ADD A NEW DEFINITION; REVISING SECTION 3-4-7 (TOWN COUNCIL APPROVAL) TO INCREASE PURCHASE AMOUNTS REQUIRING TOWN COUNCIL APPROVAL; REVISING SECTION 3-4-8 (TOWN MANAGER APPROVAL) TO INCREASE AND DIVERSIFY THE LIMITS FOR APPROVAL OF A PURCHASE BY THE TOWN MANAGER; REVISING SECTION 3-4-19 (SMALL PURCHASES) TO INCREASE THE AMOUNT FOR A SMALL PURCHASE PROCUREMENT PROCEDURE AND TO INCREASE THE AMOUNT FOR ADOPTED OPERATIONAL PROCEDURES; AND DESIGNATING AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,that the revisions to Marana Town Code Title 3 (Administration), Chapter 3-4 (Procurement) adopted by Ordinance No. 2022.001, a copy of which is at- tached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of January 2022. Mayor Ed Ho ea ATTE ': APP' • ED AS Te FO r M: Cherry L.wson, Town Clerk Ja, Fairall, Town Attorney ' 4e6ei. MARANA AZ ISNEO)977 00078944.DOCX/1 Resolution No.2022-007 - 1 - EXHIBIT A TO MARANA RESOLUTION NO. 2022-007 Revisions to Marana Town Code, Title 3 "Administration", Chapter 3-4 "Procurement" pursuant to Marana Ordinance No. 2022.001 SECTION 1. Section 3-4-5 of the Marana Town Code is hereby revised as follows and existing paragraphs A through Z are renumbered to conform to the revisions (with deletions shown with strikeouts and additions shown with double underlining): 3-4-5 Definitions The following definitions shall apply throughout this title unless the context clearly indicates otherwise. [Paragraphs A through E remain unchanged] F. "Contract modification" or "bilateral change" means any written alteration in specifications, delivery point, rate of delivery, period of performance,price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. [Paragraphs G and H remain unchanged] I. "Design services" means architect services, engineer services or landscape architect services. [Paragraphs J through P as renumbered by section 1 above remain unchanged] •. "Purchase" means the use of public funds to bu rent lease or otherwise acquire materials, services,construction or construction services. [Paragraphs R through Z as renumbered by section 1 above remain unchanged] SECTION 2. Section 3-4-7 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 3-4-7 Town council approval [Paragraph A remains unchanged] B. Notwithstanding other provisions of this chapter, separate town council approval of purchases is required in the following instances: 1. Where prior approval is required by state law or town code. 2. Where the purchase exceeds $1050,000 and funds for the purchase are not provided in the budget as adopted. 3. A -- - -- - - . - ' . . . _ -- .. .. _ .. .. _ - ltee 00078945.DOC R 1 EXHIBIT A TO MARANA RESOLUTION NO. 2022-007 Revisions to Marana Town Code, Title 3 "Administration", Chapter 3-4 "Procurement"pursuant to Marana Ordinance No. 2022.001 4. For change orders that individually or cumulatively exceed $507000 the amounts set forth in section 3-4-8(A)(3). [Paragraph C remains unchanged] SECTION 3. Section 3-4-8 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 3-4-8 Town manager approval A. The town manager or designee is authorized to approve all of the following unless prior town council approval is required by state law or town code: 1. Any purchase up to $1050,000. 2. Any purchase authorized in the adopted budget and not more than $50,000 higher than the budgeted amount. 3. Change orders that individually or cumulatively total up to: a. $1050,000;or less b. For purchases more than '.1 000 000 u. to '.5 000 000 10% of purchase up to$250,000 maximum; or c. For purchases over$5,000,000,5% of purchase. [Paragraph B remains unchanged ] SECTION 4. Section 3-4-19 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 3-4-19 Small purchases A. Any procurement not exceeding$10025,000 may be made in accordance with the small purchase procedure authorized in this section. B. For small purchases in excess of$52,5000 no fewer than three businesses shall be solicited to submit quotations. 1. In awarding contracts for services, in addition to quoted fees,the purchasing director may consider the relative qualifications of businesses submitting quotes. 2. Award shall be made to the business offering the lowest acceptable quotation. 00078945.DOC/12 EXHIBIT A TO MARANA RESOLUTION NO. 2022-007 Revisions to Marana Town Code, Title 3 "Administration", Chapter 3-4 "Procurement"pursuant to Marana Ordinance No. 2022.001 3. The names of the businesses submitting quotations,and the date and amount of each quotation, shall be recorded and maintained as a public record. C. The purchasing director shall adopt operational procedures for small purchases of$52,0500 or less. 1. The operational procedures shall provide for obtaining adequate and reasonable competition for the supply or service being purchased. 2. The operational procedures shall require the preparation and maintenance of records adequate to document the competition obtained, to properly account for the funds expended,and to facilitate an audit of the small purchase made. [Paragraph D remains unchanged] 00078945.DOC/13 GABRIELLA CAZARES-KELLY, RECORDER /14441 'r II I I II I II I II III I IIIIII1IIIIIIIIIIIIIII II Recorded By: EYC DEPUTY RECORDER 1' k SEQUENCE: 20220490088 5013NO. PAGES: 2 SMARA ty PIMA COUNTY��; � �RFcoxnEx•,FFI, r 02/18/2022 TOWN OF MARANA 10:18:34 PICKUP MARANA ORDINANCE NO. 2022.001 RELATING TO PROCUREMENT; REVISING MARANA TOWN CODE TITLE 3 (ADMINISTRATION); REVISING CHAPTER 3-4 (PROCUREMENT); REVISING SECTION 3-4-5 (DEFINITIONS) TO DELETE DEFINITIONS AND TO ADD A NEW DEFINITION; REVISING SECTION 3-4-7 (TOWN COUNCIL APPROVAL) TO INCREASE PURCHASE AMOUNTS REQUIRING TOWN COUNCIL APPROVAL; REVISING SECTION 3-4-8 (TOWN MANAGER APPROVAL) TO INCREASE AND DIVERSIFY THE LIMITS FOR APPROVAL OF A PURCHASE BY THE TOWN MANAGER; REVISING SECTION 3-4-19 (SMALL PURCHASES) TO INCREASE THE AMOUNT FOR A SMALL PURCHASE PROCUREMENT PROCEDURE AND TO INCREASE THE AMOUNT FOR ADOPTED OPERATIONAL PROCEDURES; AND DESIGNATING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The revisions to the Marana Town Code Title 3 (Administration), Chapter 3-4 (Procurement), one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana,Arizona,which was made a public record by and attached as Exhibit A to Resolution No. 2022-007 of the Town of Marana, Arizona, and is hereby referred to, adopted and made a part of this ordinance as if fully set out here. Section 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. 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, the decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall become effective on the thirty-first day after its adoption. 00078946.DOCX/1 Ordinance No.2022.001 - 1 - • PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of January 2022. '14tv Mayor Ed onea ATT APPRO D AS TO FORM: C erry :wson, own Clerk Ja►- -airall,Town Attorney 4066. MARANA AZ E STAHi,1sMED 1977 00078946.DOCX/1 Ordinance No.2022.001 -2-