Chapter 2.04
GENERAL ADMINISTRATIVE PROVISIONS
Sections:
2.04.030 Authorization of Specific City Officials to Sign and Endorse Checks
2.04.040 City Inspector–Office Created–Duties
2.04.075 Local Preference for Contracts
2.04.120 Interpreters Required to Render Adequate Public Service
2.04.010 City Clerk
A. The City Clerk shall be appointed by the Mayor and Council for an indefinite term of office and shall hold office at the pleasure of the Mayor and Council.
B. The City Clerk shall have the custody, care and control of and be responsible for all books, papers, records, files and ordinances belonging to the City and committed to the Clerk’s custody, care and control. Said Clerk shall attest all ordinances, orders and resolutions and keep all official documents required by the Clerk’s office; keep all the books of ordinances and all other books with proper indexes; keep the minutes of the proceedings of the Council and have them properly signed by the Mayor and attested.
C. The City Clerk shall keep the City seal and affix the same when required on all documents aforesaid.
D. The City Clerk shall prepare or cause to be prepared all minutes of Council proceedings and ensure their correctness and accuracy.
E. The City 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.
F. The City Clerk shall be the City election official and perform those duties required by State statute. (Ord. 1224 (part), 2014: Ord. 1151 (part), 2011: Prior code §§ 2-1 – 2-3)
2.04.030 Authorization of Specific City Officials to Sign and Endorse Checks
The Mayor, Vice Mayor, City Manager and City Clerk are authorized to sign and endorse checks and drafts on behalf of the City pursuant to law and within the guidelines set by other provisions of the Charter and this code. (Ord. 1224 (part), 2014: Ord. 734 (part), 1997: prior code § 2-4.2)
2.04.040 City Inspector–Office Created–Duties
The office of City Inspector is created, which office shall be filled by appointment by the City Manager, whose duty it shall be to fully enforce all building, gas, housing, plumbing, electrical, sanitation and zoning codes and ordinances of the City. (Ord. 1224 (part), 2014: Ord. 1129 (part), 2010; Ord. 734 (part), 1997: prior code § 2-5)
2.04.060 City Attorney–Duties
A. The City Attorney shall prosecute and defend all suits and actions to which the City is a party; provided, however, he shall not be required to attend and prosecute cases in the Municipal Court unless expressly required by the Council or in cases where the accused is represented by counsel and the Municipal Court Judge requests his assistance.
B. The City Attorney shall draft all deeds, contracts, conveyances, ordinances and other legal instruments. He shall approve, in writing, all drafts of contracts and the form of all official or other bonds, before final approval or acceptance thereof by the Council. He shall return, within fifteen (15) days, all ordinances and resolutions submitted to him for consideration by the Council with his approval or disapproval noted thereon, together with his reasons therefor. (Ord. 1224 (part), 2014: prior code §§ 2-7, 2-8)
2.04.070 City Manager
A. The office of City Manager is created, which office shall be filled by appointment of the Council and which office shall serve at the pleasure of the Council. The duties of the City Manager shall generally be set forth by motion of the Council and the Manager’s duties and responsibilities shall include but not be limited to the efficient management of the affairs of the City and its departments on a daily basis. The Council shall fix the salary of the Manager and shall appoint a Manager on the basis of executive and administrative qualifications and education.
B. The City Manager may contract for or purchase or issue purchase authorizations for all budgeted supplies, materials, equipment and services for the offices, departments and agencies of the City without specific Council action. If such supplies, materials, equipment or services are not budgeted or exceed the budgeted amount, the City Manager, in his/her discretion, may authorize the purchase or expenditure up to fifty thousand dollars ($50,000).
C. Any City improvement or any purchase costing more than fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000) shall be approved by the City Council following informal bidding.
D. Any City improvement or purchase costing one hundred thousand dollars ($100,000) or more shall be approved by the City Council. Such purchase or improvement shall be advertised for bids as directed by the City Council.
E. The Council may enter into contracts with the lowest responsible bidder whose proposal is most satisfactory and beneficial to the City or may reject all bids.
F. Alterations in the amount of any contract referred to in subsections D and E of this section may be made by the City Manager up to fifteen (15) percent of the original contract award.
G. The City Manager or City Manager’s designee is granted the discretion to authorize minor modifications to City ordinances, fee schedules, and code provisions when such are necessary to accomplish a just and fair resolution of an issue which has been raised, so long as the modification has no greater financial impact on the City than five hundred dollars ($500.00). (Ord. 1284 § 1, 2017: Ord. 1224 (part), 2014: Ord. 1141, 2011; Ord. 1070 § 1, 2008: prior code § 2-9)
2.04.075 Local Preference for Contracts
A. City Findings of Fact and Purpose. The City Council has made its findings of fact and purpose for the adoption of this local preference for contracts provision as provided in Ordinance No. 1173 referred to and made a part of this code provision.
B. Local Preference for Public Works Contracts, for Furnished or Manufactured Materials, and for Materials Supplied by Winslow Dealers and Winslow Contract Merchants. All contracts entered into by the City of Winslow for construction of public works projects, all contracts entered into by the City of Winslow for the furnishing of manufactured materials to the City, all contracts for the purchase by the City of materials supplied by a Winslow dealer and all contracts for other products purchased by the City shall include a provision granting to qualified contractors, to qualified furnishers or producers of materials, to qualified dealers of materials and to qualified merchants a five (5) percent preference over other unqualified bidders.
The bid of a qualified contractor and the bid of a qualified producer or manufacturer of materials and the bid of a qualified supplier or dealer of materials or other products or of a qualified merchant (hereinafter "qualified bidder") shall be deemed a better bid than a competing bid of a non-qualified bidder if the competing bid is less than five percent lower than the bid of the qualified bidder, but only if the qualified bidder is willing to reduce its bid to match the otherwise lowest bid.
C. Qualified Contractor. A person or business entity is a "qualified contractor" within the meaning of this section if all of the following are true:
1. The person or entity is a licensed contractor in the State of Arizona;
2. The business address of the person or business entity is and has been for at least eighteen (18) consecutive months immediately prior to the tender of the bid in question located within the City of Winslow;
3. The person or business entity has paid transaction privilege taxes in the City of Winslow for at least eighteen (18) consecutive months immediately prior to the tender of the bid in question;
4. The person or business entity owns or leases real property or personal property located within the Winslow City limits, and has paid all real or personal property taxes assessed to such property for at least eighteen (18) months immediately prior to the tender of the bid in question, or leases such property from a person or entity which did pay such taxes for the period set out herein;
5. The person or business entity owns or leases vehicles or equipment under the same name and address as disclosed in subsections (C)(1) through (4) of this section; and
6. The person or business entity agrees to employ at least fifty (50) percent of its workers from those who have resided within the City limits of the City of Winslow for at least six (6) months prior to the tender of the bid in question.
7. In lieu of not more than two (2) of the requirements listed in subsections (C)(2), (3), (4), (5), and (6) of this section, other facts exist that justify the City, in its sole and final discretion, in concluding that the person or entity is a "qualified contractor."
D. Qualified Furnishers or Manufacturers of Materials or Qualified Dealers of Materials. A person or business entity is a "qualified furnisher or producer of materials" or a "qualified dealer of materials" within the meaning of this section if all of the requirements of subsections (C)(2) through (7) of this section are met, and the person or business entity is in the business of furnishing or producing materials or as a dealer of materials to the public.
E. Other Qualified Merchants. A person or business entity is a "qualified merchant" within the meaning of this section if all requirements of subsections (C)(2) through (7) of this section are met and the merchant is in the business of selling products to the City by contract.
F. A qualified bid shall provide that the work to be performed by a contractor or the materials to be produced or furnished or provided by a dealer or merchant to the City shall be performed or furnished or provided by the person or entity tendering the bid. Such person or entity shall not assign, delegate or sublet the contract to another person or entity which is not qualified as defined herein without approval by the City.
G. The City Manager, in his discretion, may determine whether the dollar amount of the contract is sufficiently high to justify the additional administrative cost which will result from the application of this section.
H. Since bottom line cost is only one (1) factor in determining the successful bidder, the City Manager is directed to implement the preference created heretofore as one (1) of the factors to be considered when evaluating and awarding a bid.
I. No qualified bid may claim more than one (1) preference under this section per bid.
J. The formation of a joint venture, partnership or other business entity shall not be used to avoid the criteria set out heretofore in order to constitute a qualified contractor, qualified furnisher, dealer or merchant.
K. This section is not intended to conflict with any State or federal statutes or laws. The City staff is directed to implement and uniformly enforce this section in a manner consistent with all State and federal laws. If State or federal revenues are being used in whole or in part to fund a contract within this section, the City Manager shall determine whether such entity allows the application of the section. This section shall not be applicable to a given transaction/contract if and to the extent that the govemmental entity which is providing all or part of the funds for the transaction/contract does not permit the application of a local bid preference.
L. The burden is on the person or business entity seeking to submit a qualified bid to ask the City to be considered as a qualified bidder as defined heretofore and to provide certification or evidence of such qualifications to the City at the time the bid is tendered.
M. Severability. In the event a court of competent jurisdiction determines a provision of this chapter is invalid or void, the remainder of the chapter shall be implemented to the extent possible in order to achieve the purpose of the City in the adoption of this section. (Ord. 1224 (part), 2014: Ord. 1173, 2012)
2.04.080 City Engineer
The office of City Engineer is created, which office shall be filled by appointment by the City Manager. Duties of the City Engineer shall be as otherwise set out in the resolutions, ordinances and codes of the City and as hereafter set forth by resolution of the Council. The City Engineer shall be a qualified registered civil engineer under the laws of the State of Arizona. (Ord. 1224 (part), 2014: Ord. 638 § 1, 1992: prior code § 2-10)
2.04.120 Interpreters Required to Render Adequate Public Service
The City Council is desirous of providing all City services to members of the public who may benefit therefrom. In order to adequately provide City services to all members of the public, the City Manager shall take such steps as he deems appropriate to identify City employees who are fluent in the languages likely to assist City staff in providing City services to the public, and make arrangements with those staff members and their supervisors to make said staff members available on short notice to provide translation services for languages which the City Manager believes are likely to require translators in order to adequately provide City services to the public, and to develop such other administrative guidelines as the City Manager may deem necessary to fulfill the purpose of this section, including but not limited to having interpreters available at City Council meetings and meetings of City boards and commissions upon request. (Ord. 1224 (part), 2014: Ord. 1115, 2009)