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ARTICLE 3-7: PROCUREMENT PROCEDURE
Section
3-7-1 Purposes
3-7-2 Definitions
3-7-3 Procurements less than $5,000
3-7-4 Procurements of $5,000 but less than $10,000
3-7-5 Procurements of $10,000 but less than $50,000
3-7-6 Procurements of $50,000 or more
3-7-7 Exemptions
3-7-8 Bid protest and appeal
3-7-9 Disposal of personal property
3-7-10 Bid disqualification
3-7-11 Change orders
3-7-12 Administrative procedures
3-7-13 Online bidding
3-7-14 Conflicts of interest and penalties
3-7-15 Ethical standards and violations
3-7-16 Unauthorized purchases; violation, liability, enforcement
3-7-17 Upfront cooperative and piggyback purchasing
3-7-18 Debarments and suspensions
3-7-19 Job order contracting
§ 3-7-1 PURPOSES.
The purposes of this article are to:
(A) Establish standard policies and practices for the procurement of supplies, materials, equipment and services on a
fiscal year basis for each department per commodity.
(B) Provide for aid for the procurement of goods and services at the appropriate time, place, quantity, purpose and price
to meet the operational requirements of the city.
(C) Ensure the fair and equitable treatment of all persons who participate in the city procurement system and foster
effective broad-based competition.
(D) Ensure the proper disposal of property, equipment and materials that are no longer of value to the city.
(Ord. 1462, passed 9-18-2018)
§ 3-7-2 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
CHANGE ORDER. A written order, signed by an authorized agent of the city, which directs the contractor to make
changes authorized by the changes clause of the original contract.
CITY MANAGER OR HIS OR HER DESIGNEE. Person(s) the City Manager or City Council selects, in writing, to
implement or administer the provisions of this article.
COMMODITY. A marketable item produced to fulfill a need or want, and references both goods and services.
CONSTRUCTION. The process of building, altering, repairing, improving or demolishing any public structure or building, or
other public improvements to any public real property. CONSTRUCTION does not include the routine operation, routine
repair or routine maintenance of existing structures, buildings or public real property.
CONTRACT. A written agreement between the city and another party for the procurement of materials, supplies or
services; the term includes but is not limited to: contracts of a fixed price, cost, cost plus, fixed fee, contracts providing for
the issuance of job tasks, leases and rentals excluding real estate, maintenance agreements, letter contracts, and purchase
orders.
FORMAL WRITTEN QUOTE. A hard copy, on official business letterhead and with the signature of the vendor, directed to
city staff member.
INFORMAL WRITTEN QUOTE. An email, fax or other hard copy directed to city staff member and fully documented by
such staff member.
INVITATION FOR BIDS. All documents, whether attached or incorporated by reference, used for soliciting bids in
accordance with the procedures prescribed herein, including a request for proposals and a request for statement of
qualifications.
LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS. A person, firm or other entity that submits a bid that:
(1) Is the least amount compared to other bidders; and
(2) Responds to the invitation for bids in all material respects; and
(3) Demonstrates the submitting party has the wherewithal to perform the work per the plans and specifications within
the contract time, as determined by experience, skill, financial strength, integrity and experience record with the city and/or
other approved or recognized government organizations.
PROCUREMENT. The purchasing, sale of, renting, leasing or otherwise obtaining of any materials, supplies or services.
SERVICES. The furnishing of labor, time or effort.
TECHNICAL REGISTRANT. A person who provides any of the professional services listed in A.R.S. Title 32, Chapter 1,
as amended, and includes, but is not limited to, architects, assayers, engineers, geologists, land surveyors and landscape
architects.
(Ord. 1462, passed 9-18-2018)
§ 3-7-3 PROCUREMENTS LESS THAN $5,000.
Purchases, leases, rentals and contracts for supplies, services, equipment, materials, professional services and the sale
of personal property of an estimated value in the amount of less than $5,000, may be made directly by the City Manager or
his or her designee without quotes.
(Ord. 1462, passed 9-18-2018)
§ 3-7-4 PROCUREMENTS OF $5,000 BUT LESS THAN $10,000.
Purchases, leases, rentals and contracts for supplies, services, equipment, materials, professional services and the sale
of personal property of an estimated value of $5,000 but less than $10,000, may be made by the City Manager, or his or her
designee, by soliciting at least 3 informal written quotes, and shall be awarded to the lowest responsive and responsible
quote.
(Ord. 1462, passed 9-18-2018)
§ 3-7-5 PROCUREMENTS OF $10,000 BUT LESS THAN $50,000.
Purchases, leases, rentals and contracts for supplies, services, equipment, materials, professional services and the sale
of personal property of an estimated value of $10,000, but less than $50,000, may be made by the City Manager, or his or
her designee, by soliciting at least 3 formal written quotes, and shall be awarded to the lowest responsive and responsible
quote.
(Ord. 1462, passed 9-18-2018)
§ 3-7-6 PROCUREMENTS OF $50,000 OR MORE.
Purchases, leases, rentals and contracts for supplies, services, equipment, materials, professional services and the sale
of personal property of $50,000 or more in estimated value, shall be made by written contract, approved by the Mayor and
City Council, pursuant to the following provisions:
(A) Invitation for bids. An invitation for bids (“IFB”), request for proposals (“RFP”) or request for statement of qualifications
(“SOQ”) shall:
(1) Include a description of the articles to be purchased or sold;
(2) State where IFB/RFP/SOQ forms and specifications may be obtained; and
(3) State the date, time and place for opening bids. An IFB/RFP/SOQ shall be published at least 10 calendar days
before the date of opening the bids. Pursuant to A.R.S. § 39-204, publication shall be made in a qualified newspaper as
follows:
(a) If the newspaper is a weekly, publication must occur once each week for 2 consecutive weeks; or
(b) If the newspaper is a daily, publication shall be made on 4 consecutive days.
(B) Bidder’s security. The bidder’s security shall be prescribed in the IFB/RFP/SOQ. Failure to submit security in the
amount and the type of security required shall result in the rejection of the response to an IFB/RFP/SOQ. Unsuccessful
bidders shall be entitled to returned bid security. A successful bidder of an IFB/RFP/SOQ shall forfeit their bid security upon
refusal or failure to execute the contract within the time specified, dating from award of contract date, unless the city is
responsible for the delay. The Council may, on refusal or failure of the successful bidder to execute the contract, award it to
the next lowest responsive and responsible bidder.
(C) Bid opening procedure. Sealed bids shall be submitted to the City Manager or his or her designee, and the bid
number and project title shall be clearly written on the exterior of the envelope. Bids shall be opened in public at the date,
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 time as prescribed under Arizona law. After bid opening, no corrections in bid
prices or other provisions of bids prejudicial to the best interest of the city or fair competition shall be permitted. Late bids
shall be returned unopened to bidders who fail to file their bids in a timely manner.
(D) Bid rejection. Bids submitted without bid bonds will not be considered and shall be rejected. At its discretion, the
Council may reject any and all bids.
(E) Award of contracts. Based on the bid opening, Council shall award the contract to the lowest responsive and
responsible bidder for purchases, leases or rental contracts for supplies, services, equipment or sale of personal property,
or professional services valued at $50,000 or more. In awarding the contract, Council shall be advised of and shall consider
the advantages or disadvantages of the proposed purchases, leases, rentals, contracts, professional services or sales as
presented by the City Manager or his or her designee.
(F) Payment and performance bonds. The city shall have the authority to require a payment and performance bond
before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. The
form for the payment and performance shall be included in the IFB/RFP/SOQs. Bonding shall not be required for contracts
under $50,000.
(G) (1) The contract shall be awarded by written notice to the bidder whose bid conforms in all material respects to
requirements and criteria set forth in the IFB/RFP/SOQ.
(2) In the case of an RFP and SOQ, if the construction project exceeds available funds and such bid does not exceed
such funds by more than 5%, the City Manager or his or her designee may negotiate an adjustment of the bid price with the
lowest responsive and responsible bidder in order to bring the bid within the amount of available funds.
(Ord. 1462, passed 9-18-2018)
§ 3-7-7 EXEMPTIONS.
The following services, materials, contracts, and incidents are exempt from this article.
(A) Professional services. Administrative or appellate hearing officers, appraisal, architectural, bond and municipal
improvement district consulting, certified public accountant, clergy, dental, economic and environmental assessments,
educator, employee benefits provider, employment, engineering, entertainers, financial, fireworks, indigent defense
attorneys, instructors, interim consulting positions for personnel services, judicial appointments, legal, medical, nursing,
physician, psychologist, senior meal and senior transportation programs, surveying, tax software, technological, title
insurance, travel and tourism center or marketing efforts, and veterinarian and any healthcare related affiliations.
(B) License and maintenance agreements. License and maintenance agreements relating to software and tangible public
property.
(C) Materials and equipment valued less than $5,000. Materials and equipment valued at less than $5,000.
(D) Library materials exemption. Purchases of audiovisual materials, books, periodicals and subscriptions.
(E) Public works projects exemption.
(1) Public buildings. Any building, structure, addition or alteration thereto contemplated on city property, constructed
with the use of the city’s regularly employed personnel or contractors in an amount up to and including $100,000, excluding
materials and equipment previously acquired by bid.
(2) Public infrastructure. Any street, road, bridge, water or sewer work, other than a water or sewer treatment plant or
building, constructed with the use of the city’s regularly employed personnel or contractors in an amount up to and including
$100,000 per project, excluding materials and equipment previously acquired by bid.
(3) Public art. Any painting, sculpture, mural, monument, memorial, fountain, or civic statuary, that has been planned
and executed with the specific intention of being sited or staged in the physical public domain, including on any city property
and on any city easements or rights-of-way accessible to the viewing public.
(F) Sole source procurement. Materials, supplies and services only if the City Manager or his or her designee determines
the needed materials, supplies or services are available from only 1 source, and only when proven by city staff that the
advantages and overriding considerations are paramount to the city’s interests.
(G) Emergency purchases. Emergency purchases where:
(1) There exists a threat to public health, welfare or safety, including but not limited to, damaged city property causing
such threat without repair, replacement or substitute;
(2) If a situation exists that makes compliance with the procurement process contrary to the public interest;
(3) There is immediate need to prepare for national or local defense or assistance;
(4) There is a breakdown in machinery or in an essential service that requires the immediate purchase of equipment,
supplies or services to protect the public health, welfare or safety; or
(5) An essential departmental operation effecting the public health, welfare and safety would be greatly hampered if the
prescribed procurement procedure would cause an undue delay in obtaining the needed item or service.
(H) Competitive purchasing and alternative bid procedure. When deemed to be in the best interest of the city, supplies,
materials and equipment and services not otherwise exempted herein, may be purchased pursuant to specifications,
solicitation or contracts issued by other local, state or federal governmental entities, or through the state bid procurement
lists, or by quasi-governmental units, school districts or special districts which have used procurement procedures that are
equal to or stricter than the provisions set forth herein.
(I) Job-order-contracting. Construction supplies, materials, equipment and labor handled through job-order-contracting
construction services procured under A.R.S. § 34-603, as amended.
(J) Development agreements. Development agreements pursuant to A.R.S. § 9-500.05, except that public infrastructure
improvements, undertaken by the city through a development agreement with a private entity or organization, shall be
subject to the applicable, competitive procurement statutes.
(Ord. 1462, passed 9-18-2018)
§ 3-7-8 BID PROTEST AND APPEAL.
(A) Any aggrieved person may protest any aspect of any bid solicitation by filing the protest at the City Clerk’s office
within 5 city working days after bid opening, and shall include the following: name and address of protestor, bid description,
grounds for protest, including all evidence, exhibits or documents substantiating the protest.
(1) Within 2 city working days after receipt of the protest, the City Clerk shall forward it to the City Manager.
(2) Within 2 city working days, the City Manager or his or her designee shall notify the protestor or other interested
parties of the time and place set for hearing on the protest.
(3) Interested parties may also file position statements and may participate in the hearing.
(4) The City Manager or his or her designee shall conduct the hearing within 5 city working days after sending the
notice of the hearing to the protestor and/or interested parties, absent any stipulated continuances.
(5) Within 5 city working days after the hearing has been completed, the City Manager or his or her designee shall
issue a written opinion and send it to the protestor and all interested parties. The decision shall be final.
(6) In determining an appropriate remedy, the City Manager or his or her designee shall consider the circumstances
surrounding the procurement or proposed procurement, including but not limited to, the seriousness of the procurement
deficiency, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of
the parties, the extent of performance, costs to the city, the urgency of the procurement and the impact of the relief upon the
city.
(7) An appropriate remedy may include one or more of the following:
(a) Reissue the solicitation.
(b) Issue a new solicitation.
(c) Such other relief as is determined necessary to ensure compliance with this procurement code, procurement
guidelines and procedures.
(B) A judicial appeal may be pursued pursuant to applicable law.
(C) No protest shall be accepted after award of bid by Council.
(Ord. 1462, passed 9-18-2018)
§ 3-7-9 DISPOSAL OF PERSONAL PROPERTY.
The city may, sell, lease, exchange, donate or otherwise dispose of city personal property in the best interest of the city.
The disposal of surplus or obsolete personal property shall be done in as competitive a manner as the procurement agent or
authorized designee determines to be practicable, including but not limited to, through competitive sealed bids, public
auction, online sales, established markets or posted prices. Procedures shall be prescribed prohibiting the conversion of
surplus and obsolete city personal property for personal use by city employees, unless the city receives fair market value for
such personal property and the personal property is disposed of in a commercially reasonable manner. This code does not
apply to unclaimed property regulated under A.R.S. §§ 12-940 through 12-945, as amended.
(Ord. 1462, passed 9-18-2018)
§ 3-7-10 BID DISQUALIFICATION.
(A) Grounds. The City Manager or his or her designee may disqualify any bidder from consideration of award of bid for
materials, supplies or services for up to 24 months, based on the following factors:
(1) As to bidders and their principal employees, conviction of a criminal offense arising out of or obtaining or attempting
to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(2) As to bidders and their principal employees, conviction of any federal or state statute for murder, rape, robbery,
assault, theft, embezzlement, fraudulent schemes, artifices and practices, bid rigging, perjury, forgery, gambling, bribery,
falsification or destruction of records, receiving stolen property, terrorist acts, or any other offenses indicating lack of
business integrity, credibility or honesty that affects the responsible criteria to qualify as a city contractor;
(3) As to bidders and their principal employees, a conviction or civil judgment relating to a violation of state or antitrust
statutes;
(4) Failure to pass any clearance or applicable background investigation in bids involving sensitive materials or tasks
involving public safety;
(5) Failure to pay any transaction privilege or use taxes resulting from income received on public contracts; and
(6) Violation of contract provisions of a character deemed to be so serious as to justify disqualification, such as:
(a) Knowingly failing, without good cause, to perform in accordance with the specifications or within the time limits
provided in the contract; and
(b) Failure to perform or unsatisfactorily perform in accordance with the terms of the contract, except that failure to
perform or unsatisfactorily perform caused by acts beyond the contract of the contractor shall not be considered a basis.
(B) The City Manager or his or her designee shall send written notice of the proposed disqualification, including the
grounds and period of proposed disqualification, to the disqualified party by first class U.S. certified mail to the address on
the bid. The party shall have a right to a hearing before the City Manager or his or her designee, if an appeal is filed within 5
city working days after the notice is sent. The City Manager or his or her designee shall provide notice of the hearing date
and time to the disqualified party within 5 city working days. The party shall have the opportunity to present evidence
rebutting the reasons for disqualification. The City Manager or his or her designee shall decide the matter within 5 city
working days of the hearing, and shall notify the disqualified party within an additional, 5-city-working-day period. The
decision shall be final, subject only to judicial appeal pursuant to applicable law.
(Ord. 1462, passed 9-18-2018)
§ 3-7-11 CHANGE ORDERS.
The City Manager or his or her designee may authorize change orders to any contract if the amount does not exceed 10%
of the cumulative amount of the contract. The Council may exercise its authority to approve any change orders in any
amount substantiated by staff.
(Ord. 1462, passed 9-18-2018)
§ 3-7-12 ADMINISTRATIVE PROCEDURES.
(A) The City Manager or his or her designee may promulgate administrative rules and regulations that more specifically
delineate the responsibilities of procurement procedures pursuant to this article.
(B) If the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof, and the rules of severability
shall apply.
(Ord. 1462, passed 9-18-2018)
§ 3-7-13 ONLINE BIDDING.
(A) The City Manager or his or her designee may utilize online bidding to obtain bids, proposals or offers electronically for
the purchase of goods, services, construction and information services.
(B) An online bidding solicitation must designate an opening date and time.
(C) The closing date and time for an online solicitation may be fixed or remain open, depending on the structure of the
item being bid online. Information regarding the closing date and time must be included in the solicitation. At the opening
date and time, the City Manager or his or her designee must begin accepting online bids, proposals or offers, and must
continue accepting bids, proposals or offers until the solicitation has officially closed.
(D) All online bids must be posted electronically on the city’s website and updated on a realtime basis.
(E) The City Manager or his or her designee may:
(1) Require bidders, offerors or respondents to register with the city prior to the opening date and time, and as part of
the registration, require bidders, offerors or respondents to agree to any terms, conditions or other requirements of the
solicitation.
(2) Prequalify bidders, offerors or respondents, and permit only such prequalified vendors to submit bids, proposals or
offers online.
(F) All bids, proposals or offers submitted electronically through an online bidding process are public information and
subject to the same public disclosure laws that govern bids, proposals and offers received through the competitive, sealed
procurement process.
(G) All remedies available to the city and to bidders pursuant to the city’s conventional, sealed bidding practices, as
described in this chapter, are also available to the city and bidders in an online bidding process.
(H) The city shall accept online signatures as original signatures.
(Ord. 1462, passed 9-18-2018)
§ 3-7-14 CONFLICTS OF INTEREST AND PENALTIES.
No city employee or any city elected official shall participate directly or indirectly in any procurement when the employee
has a conflict of interest as defined in A.R.S. § 38-503. In addition, any person who violates this article is subject to criminal
penalties set forth in Vol. I, Article 1-8 of the city code, as well as applicable criminal and civil penalties set forth under state
law.
(Ord. 1462, passed 9-18-2018)
§ 3-7-15 ETHICAL STANDARDS AND VIOLATIONS.
(A) Standards. All parties involved in the negotiation, performance or administration of city contracts are required to act in
good faith. Additionally, it is the policy of the city for employees to maintain high standards of honesty, integrity, impartiality,
courtesy and conduct. The procurement agent or authorized designee is authorized to take steps to ensure compliance with
the following ethical standards.
(1) It is an affirmative obligation for city employees to perform their responsibilities in such a manner to assure fair
competitive access to governmental procurement by responsible vendors.
(2) No employee of the city shall engage in acts that, in the reasonable judgment of the City Manager or his or her
designee, would result in a loss of confidence in the integrity of the city’s procurement process. Such acts would include, but
are not limited to:
(a) Receipt of gifts or services of more than a de minimis value from a prospective vendor;
(b) Statements to a vendor that they will be awarded the contract based on personal knowledge or relationships with
city employees, without an evaluation of their submittal;
(c) Failure of a city employee sitting on a review committee to disclose any prior or current conflict or business or
financial relationship with a proposed vendor;
(d) Criticism of one vendor to another vendor who is competing for the same procurement prior to contract award; or
(e) Any acts similar to those outlined in divisions (A)(2)(a) through (d) of this section. For purposes of this
procurement code, DE MINIMIS VALUE is defined as $25 or less from any single party in any calendar year.
(3) City employees responsible for participation in procurement by virtue of their positions shall make reasonable
efforts to ensure that contractors doing business with the city are aware that they are expected to observe these same
ethical standards. Violation of these standards shall constitute grounds for termination of a contract with the city and
debarment of the vendor from doing any further business with the city.
(B) Ethical violations.
(1) In addition to any applicable state law, it is a violation of this procurement code:
(a) For any person to attempt to or influence any city employee to violate the provisions of ethical conduct set forth in
this procurement code.
(b) For any person preparing plans or specifications pursuant to this procurement code, or any policy or procedure of
the city, to receive any direct pecuniary benefit from the utilization of these plans or specifications.
(c) For any employee or agent acting on behalf of the city to directly or indirectly participate in, or benefit or receive
any pecuniary benefit from, a procurement solicitation in violation of state or federal law.
(d) For any person to offer, give or agree to give any employee or former employee of the city, or for any employee or
former employee of the city to solicit, demand, accept, or agree to accept from another person, any valuable thing or
valuable benefit that would not accrue in the performance of their official duties, or an offer of employment in connection
with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase
request, influencing content of any specification or procurement standard, rendering of advice, investigation, auditing or in
any advisory capacity in any proceeding or application request for ruling, determination, claim or controversy, or other
particular matter, pertaining to any program requirement of a contract or subcontract, or to any solicitation or proposal
therefor.
(e) For any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract
to the prime contractor or higher tier subcontractor of any person associated therewith, as an inducement for the award of a
subcontract or order. Violation of this standard shall constitute grounds for termination of a contract with the city and
debarment of the vendor from doing any further business with the city.
(f) For a person to be retained, or to retain a person, to solicit or secure a city contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide, established,
selling agencies for the purpose of securing business.
(g) For any employee who is participating directly or indirectly in a procurement process to become the employee of
any person under contract with the city concerning any matters that the employee participated in during the same
procurement process for a period of 12 months following their employment with the city.
(h) For any employee or former employee of the city to disclose or use confidential information acquired by the
employee in the performance of their official duties for anticipated pecuniary benefit, or for the actual or anticipated
pecuniary benefit of any person.
(2) It is no defense to a violation of this section that the employee to whom a benefit or offer of employment was made,
or agreed to be made, was not qualified to act in the desired manner.
(3) An employee or person violates this section by intentionally or knowingly engaging in a violation or by recklessly or
negligently engaging in a violation. The person’s state of mind shall only be considered in imposing the penalty for such
violation.
(Ord. 1462, passed 9-18-2018)
§ 3-7-16 UNAUTHORIZED PURCHASES; VIOLATION, LIABILITY, ENFORCEMENT.
(A) Except as provided in this procurement code, it shall be improper for any city employee to purchase supplies or
services or to attempt to enter into contracts on behalf of the city other than through the City Manager or his or her
designee. Purchase orders or contracts made contrary to the provisions of this section shall not be approved by the City
Manager or his or her designee, and the city shall not be bound thereby.
(B) A person who contracts for or purchases any materials, services or construction in a manner contrary to the
requirements of this procurement code or violates the ethical standards contained in this procurement code shall be
personally liable for the recovery of all public monies paid, together with legal interest and all costs, attorney fees and
damages arising out of the violation.
(C) No action taken for violations of this section shall be construed to preclude criminal prosecution of an employee or
former employee or any other person under the provisions of state or federal law.
(Ord. 1462, passed 9-18-2018)
§ 3-7-17 UPFRONT COOPERATIVE AND PIGGYBACK PURCHASING.
(A) (1) UPFRONT COOPERATIVE AGREEMENTS include those in which city shares its needs with the administering
agency and such agency includes the city’s calculations and needs when it seeks IFB/RFP/SOQs, which allows the city to
receive competitive pricing on needed commodities and services.
(2) On request, make available to other public procurement units informational, technical or other services that may
assist in improving the efficiency or economy of procurement. The public procurement unit furnishing the information or
technical services has the right to request reimbursement for the reasonable and necessary costs of providing such
services.
(B) The city may either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the
procurement of any materials, services or construction with one or more eligible procurement units in accordance with an
agreement entered into between the participants, or within existing participatory language contained in agreements and
intended for use by other municipal, county, state, educational and special district entities. An agreement entered into, as
provided in this article, is exempt from A.R.S. § 11-952(D), (E) and (F), as amended. Parties under a cooperative purchasing
agreement may:
(1) Sponsor, conduct or administer a cooperative agreement for the procurement or disposal of any materials, services
or construction.
(2) Cooperatively use materials and services.
(3) Commonly use or share warehousing facilities, capital equipment and other facilities.
(4) Provide personnel, except that the requesting eligible procurement unit may pay the public procurement unit,
providing the personnel the direct and indirect cost of the personnel, in accordance with the agreement.
(C) The activities described in divisions (A)(1) and (B)(1) through (4) do not limit the activities of parties under a
cooperative purchasing agreement.
(D) PIGGYBACK PURCHASING is a form of intergovernmental, cooperative purchasing in which an entity will be
extended the pricing and terms of a contract entered into by another entity. Generally, a larger entity will competitively award
a contract that will include language allowing for other entities to utilize the contract, which may be to their advantage in
terms of pricing, thereby gaining economies of scale not normally achieved if they competed on their own.
(Ord. 1462, passed 9-18-2018)
§ 3-7-18 DEBARMENTS AND SUSPENSIONS.
The City Manager or his or her designee has the authority, with written approval from the City Attorney, to debar or
suspend a vendor from participating in city procurement. The vendor may be suspended or debarred based upon the
following factors:
(A) The vendor does not have sufficient financial ability, equipment or personnel to perform the contract.
(B) The vendor has repeatedly breached contractual obligations to public and private agencies.
(C) The vendor fails to comply with the requests of an investigation.
(Ord. 1462, passed 9-18-2018)
§ 3-7-19 JOB ORDER CONTRACTING.
(A) Job order contracting procurement is permitted under this code to maximize efficiency in high dollar construction
projects.
(B) Arizona law under A.R.S. § 34-605(F)(1) sets the maximum dollar amount of an individual job order at $1,000,000.
(C) This amount can be raised pursuant to the same statute by the City Council as long as contractual arrangements do
not allow job orders to be artificially divided or fragmented.
(D) The maximum dollar amount under A.R.S. § 34-605(F)(1) of $1,000,000 is increased to $5,000,000 per job order.
(E) All other provisions set forth in A.R.S. § 34-605 et seq., relating to job order contracting, are applicable to
procurements under this code.
(Ord. 1522, passed 2-15-2022)