New Procurement Code (added 10/04/2024)*

PART II - CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE V. - FINANCIAL AFFAIRS
DIVISION 2. PURCHASING PROCEDURE
Glendale, Arizona, Code of Ordinances
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DIVISION 2. PURCHASING PROCEDURE1
1Editor's note(s)—Ord. No. 2184, § 1, 2-13-01, amended Div. 2 completely; repealed §§ 2-155 and 2-156 derived
from Ord. No. 1767, § 1, 5-11-93.
Charter reference(s)—Purchasing ordinance required, Art. VIII, § 3; other purchasing rules, Art. VIII, § 4 et seq.

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Sec. 2-136. Short title.
This division shall be known and may be cited as the "Purchasing Ordinance Procurement Code of the City of
Glendale, Arizona."
(Ord. No. 1233, § 3.102, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-137. Scope.
(a)
This division shall apply to expenditures of public funds, regardless of source, including state and federal
assistance monies, by the city except that nothing in this division shall prevent the city from complying with terms
and conditions of any grant, gift, bequest, cooperative agreement, or federal guideline. This division does not apply
to contracts solicited or entered into for construction projects.
(b)
The provisions of this chapter are not applicable to the following types of procurements that by their nature
are not susceptible to the competitive bidding process and are therefore exempt from this Procurement Code.
(1)
Professional witnesses or special investigative services for law enforcement purposes, such contracts
provide for professional services or testimony relating to a filed or anticipated administrative or judicial
proceeding in which the City is or may become a party;
(2)
Agreements negotiated by the City Attorney or Risk Manager in settlement of a claim or litigation or
threatened litigation;
(3)
Worker's compensation payments for medical and related expenses;
(4)
Public utility purchases of water, power and related services; or
(5)
Contracts for legal services drawn under the supervision of the City Attorney.
(c)
The determination of procurements considered exempt shall be made by the Finance director in consultation
with the City Attorney.
(Ord. No. 1233, § 3.101, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-138. Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
City personal property: Any equipment, supplies or products having been purchased by the city, or obtained
by reason of abandonment, confiscation, or donation.
City real property: Any vacant or developed parcel of land owned by the city.
Construction: The process of building, altering, improving, or demolishing any public structure or building, or
other public improvements of any kind to any public real property. It does not include the operation, or preventative
maintenance of existing structures, buildings, or real property.
Contract: A written agreement of the city, for the city, for the procurement of supplies or services. The term
includes but is not limited to contacts of a fixed price, cost, cost plus a fixed fee, or incentive type; contracts providing
for the issuance of job or task orders; leases, excluding real estate; rentals; maintenance agreements; letter
contracts; and purchase orders. The term also includes supplemental agreements with respect to any of the
foregoing.
Contract modification: Any written alteration in the terms and conditions of any contract accomplished by
mutual action of the parties to the contract.
Contractor: Any person having a contract with the city.

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Cooperative purchasing: Procurement conducted by, or on behalf of, more than one (1) public procurement
unit.
Debarment: The disqualification of a vendor to receive invitations for bids or the award of a contract by the
city for a specified period of time, not to exceed three (3) years, commensurate with the seriousness of the offense
resulting from conduct or failure or inadequacy of performance.
Emergency purchase: Procurement when supplies or services are needed for a situation where the health,
safety or welfare of the public is endangered if immediate corrective or preventive action is not taken.
Finance director: Shall mean the Director of the Budget and Finance Department or any successor City
department with responsibility for Finance, or his/her authorized designee.
Invitation for bid: All documents including those attached or incorporated by reference, utilized for soliciting
bids.
Local vendor: A vendor having an office within the corporate limits of the city or within the water and sewer
service of the city.
Materials manager or manager: The person designated by the city manager as the materials manager.
Open market procurement: Procedures used for procurement when formal purchase procedure is not
required.
Person:  a natural person, firm, corporation, company, association, society, partnership, consortium, joint
venture, commercial entity, non-profit organization, governmental entity, political subdivision or similar collection
of individuals.
Procurement: The purchasing, renting, leasing, or otherwise obtaining any supplies, or service. The term
includes all functions that pertain to the obtaining of any supply, or service, including description of requirements,
selection and solicitations of sources, preparation and award of contract, and all phases of contract administration.
Request for proposal: All documents including those attached or incorporated by reference, utilized for
soliciting proposals.
Responsible bidder or proposer: A bidder or proposer who has the capability to perform fully the contract
requirements, and the reliability, which will assure good faith performance.
Responsive bidder or proposer: A bidder or proposer who has submitted a bid or proposal which conforms in
material respects to the solicitation.
Service: The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end
product other than reports which are merely incidental to the required performance. This term does not include
"professional services" such as architects, lawyers, certified public accountants, consultants, appraisers, and
engineers, or employment agreements or collective bargaining agreements.
Shall: The words "shall," "will," and "must" all refer to mandatory actions.
Specification: Any description of the physical or functional characteristics, or of the nature of, a supply, or
service item. The term may include a description of any requirement for inspecting, testing, or preparing a supply,
or service item for delivery.
Supply: All personal property, including equipment.
Surplus supplies: Any supplies no longer having any use to the city. This term includes obsolete, scrap, and
nonexpendable supplies that have completed their useful life cycle.
Suspension: an action taken to temporarily disqualify a person vendor or contractor or from participating in
city procurement.  A suspension is limited to a twelve-month period.

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Using or requesting agency: Any department, agency or commission, board, committee, or other unit in the
city government using supplies or services.
Warehouse manager: The person, regardless of job title or classification, responsible for the supervision of the
warehouse, warehouse daily operations, and warehouse personnel.
(Ord. No. 1233, § 3.103, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01; Ord. No. 3004, § 1, 9-27-
16)
Sec. 2-139. Materials manager Purchasing Authorities generally.
(a) All contracts, including any subsequent amendment thereto, for goods and services with an aggregate total
dollar value of one-hundred thousand dollars ($100,000) or more must be approved by the city council.
(b) The materials manager Finance director shall be the head of, and be responsible for, the administration of the
purchasing department as described in Article VIII, Section 3, of the City Charter. The materials manager Finance
director shall have ensure compliance with the provisions of this Procurement Code and be responsible for the
general supervision of the purchasing Procurement department Division. The materials manager Finance
director shall have the powers and duties prescribed by this division.
(bc)
The materials manager Finance director shall have the power and it shall be his/her duty:
(1)
To procure and contract for supplies and services including rentals, service agreements, and leases
needed by any using agency department, in accordance with purchasing procurement procedures as
prescribed by this division and according to such administrative rules and regulations policies as the
materials manager Finance director, in consultation with the City Manager, shall adopt determine are
necessary for the efficient internal management and operation of the purchasing department
Procurement division and such other rules and regulations as shall be prescribed by the city manager.
The authority of the materials manager Finance director to make procurements and to contract for all
using agencies shall not be abridged or limited by excepting any particular using agency, except with
unless the authorization of the city manager, upon a when it is determined determinesation that such
action would be in the best interest of the city.
(2)
To establish and amend, when necessary, all rules, forms and regulations policies authorized by this
division and any others necessary to its operation.
(3)
To recommend the suspension or debarment of vendors. When suspension or debarment is
recommended, a statement of the reason for placing the vendor on debarment suspending or debarring
such vendor and the length of time such action remains effective shall be prepared by the materials
manager Finance director in writing and transmitted to the city attorney. Upon the city attorney's
approval, the materials manager Finance director shall notify the vendor by letter containing an option
notice of its right to appeal and appear before a review board committee consisting of materials manager
Finance director, city manager or designee, and the participating city agency originating or contracting
city department.
(Ord. No. 1233, §§ 3.103, 3.104, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-140. Inspection and testing.
(a)
The materials manager Finance director shall supervise the inspection or testing of deliveries of supplies or
performance of services to determine their conformance with specifications.
(b)
The materials manager Finance director shall have authority to may authorize using agencies having staff and
facilities for adequate inspection to inspect all facilities and any deliveries made to such using agencies them.

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(c)
The materials manager Finance director shall have authority to require chemical and physical tests of samples
submitted and sample of deliveries which are necessary to determine their quality and conformance with the
specifications. In the performance of such tests, the materials manager Finance director shall have the
authority to make use of laboratory facilities of any agency department of the city or of any outside laboratory.
(d)
The materials manager Finance director shall have authority to monitor and inspect the performance of a
contractor at the using agency to determine compliance to service the City or contract’s specifications.
(Ord. No. 1233, § 3.107, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-141. Requisitions and estimates.
A requesting agency department shall file with the materials manager requisitions of the requirements in for
supplies goods and services with the Finance director, certified by means of a department signature in accordance
with the city's administrative code for signature regulations. The signature shall certify that there is to the credit of
the using agency a sufficient unencumbered appropriation balance to defray the amount of such order. The
materials manager Finance director may not issue an order for delivery until the requesting agency department has
filed the requisition for the requirement.
(Ord. No. 1233, § 3.105, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-142. Standards and specifications.
The materials manager Finance director shall prepare, in cooperation with the city departments, written
standards and specifications for supplies goods and services.
(Ord. No. 1233, § 3.106, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-143. Modification of contracts.
The materials manager Finance director, after consultation with the city attorney, may add, amend, modify or
delete existing and add new to the city’s standard contractual terms, conditions, provisions and clauses for all forms
used to procure supply goods and service contracts utilized by the city, provided that such modification, deletions or
additions are supported by a written determination. The Finance director may not add, amend, modify or delete a
term of an individual contract entered into by the City once it has been approved by the city council without first
obtaining city council approval of the added, amended, modified or deleted term.
(Ord. No. 1233, § 3.108, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-144. Unauthorized purchases.
Except as provided in this division, it shall be unauthorized for any no city employee, official, agent or
contractor shall to order the purchase of supplies goods or services or make contracts within the purview of this
division in the name of the department or city other than through the purchasing Procurement division and purchase
orders. Purchases or contracts made contrary to the provisions hereof may not be approved, and the city may not
be bound thereby.
(Ord. No. 1233, § 3.104(1), 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-145. Formal purchase procedure.
(a)
Except as otherwise provided in this Article, procurement of supplies goods and services, when the cost which
will exceed cost the formal purchase dollar threshold of fifty one-hundred thousand dollars ($50,000.00),
($100,000) or more shall be made using either formal written request for proposal (RFP) or invitation for bid

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(IFB), except as otherwise provided in this division. The cost shall be calculated using all goods and services
being procured and all potential time periods available under the contract whether or not they are ultimately
exercised (i.e., all amounts of compensation available for any and all initial and extension terms available under
a contract).
The materials manager Finance director shall determine which procurement method (RFP or IFB) will be most
practicable and advantageous to the city for the procurement of supplies goods or services.
(b)
General Provisions:
(1) Public notice of an IFB or RFP shall be in accordance with the City Charter.
(2) The materials manager Finance director shall have authority to require a bid or proposal guarantee be
submitted with any and all bids or proposals, and performance bonds be submitted prior to execution
of any contract.
(3) The IFB or RFP may be delayed or canceled, or any or all bids or proposals may be rejected, in whole or
in part, by the materials manager Finance director in the best interest of the city.
(4) The materials manager Finance director shall have the authority to refuse an award to any vendor or
contractor who is in default on the payment of taxes, licenses or other monies due the city at the time
set for opening the bid or proposal. All vendors and contractors must be in compliance, at the time set
for opening the bid or proposal, with all applicable state licensing laws, rules and regulations.
(5) Budgeted line items specifically identifying products goods or services, which have been approved by
the city council in their review and adoption of the annual budget of the city, and for which an award is
within the allocated expenditure, shall be approved for award by the materials manager Finance director
and deputy city manager. At the discretion of the city manager, t Notwithstanding the previous
sentence, contracts that document the award for the allocated expenditure pursuant to of an IFB or RFP
may be submitted for the approval of the city council. Awards for all items that exceeds the allocated
expenditure formal purchase dollar threshold shall require the must be approvedal of by the city council.
(6) No contract or procurement shall be subdivided to avoid the requirements of this section.
(7) With the approval of the city manager, The formal purchase procedures of section 2-145, may be waived
when there has been in by a written determination of the materials manager Finance director that using
the formal purchase procedures of section 2-145, would: (i) not be likely to result in a lower price to the
city or would cause unnecessary expense or delay under the circumstances in procuring the goods or
services; and/or (ii) because of specific circumstances competition is not applicable.
(8) The amount of any applicable sales, transaction privilege or use tax of this city shall not be a factor in
determining the net lowest bidder or the most advantageous proposal. (Source: A.R.S. 41-2533(G) and
41-2534(G))
(9) City manager directives prescribe procedures for the procurement of supplies and services, which
exceed the formal purchase dollar threshold, and because of specific circumstances competition is not
applicable. Awards, pursuant to this provision, shall require either the approval of the city council, or
city manager.
(10) [Deleted in its entirety and replaced with the following.]
i.
Term limits.  All contracts for goods and services may not exceed a total term of 5 years,
unless a longer term is approved by the City Council.  Council may grant its approval for a
term greater than 5 years if it determines a longer term is in the city’s best interest and
may, but is not required to, consider price or rate discounts, industry standards, the
specialized nature of the good or service being provided or any applicable performance
criteria.

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ii.
The 5 year term limit does not apply to:  (A) goods and services procured pursuant to a
cooperative agreement, if the underlying agreement from the originating governmental
agency contains an initial term greater than 5 years or contains a renewal, extension or
amended term that causes the total term to exceed 5 years, or (B) contracts for legal
services, or (C) construction or capital improvement contracts under Title 34 of the Arizona
Revised Statutes; or (D) to contracts for a purchase, sale, lease, occupancy or use of City
real property.
(c)
Sealed bidding (IFB):
(1) An invitation for bids shall be issued and shall include a purchase description and all contractual terms
and conditions applicable to the procurement.
(2) Bids shall be opened publicly at the time and place designated in the invitation for bids. The designated
time and place may include a virtual meeting or location.  The amount of each bid, and such other
relevant information as may be specified by the materials manager Finance director, together with the
name of each bidder shall be recorded as determined by the materials manager Finance director. This
record shall be open to public inspection after the bid opening in a manner prescribed by the materials
manager Finance director. Except to the extent the bidder designates, and the city concurs, trade secrets
or other proprietary data contained in the bid documents shall remain confidential.
(3) Bids shall be evaluated based on the material requirements set forth in the invitations for bids. The
invitation for bids shall set forth the evaluation criteria to be used. No additional criteria may be used in
bid evaluation that are not set forth in the invitation for bids or this subsection (b).
(4) After bid opening, no corrections in bid prices or other provisions of bids or withdrawal of bids,
prejudicial to the interest of this city or fair competition shall be permitted. All decisions to permit the
correction or withdrawal of any bid, or to cancel awards or contracts based on bid mistakes, after bid
opening shall be supported by a written determination made by the materials manager Finance director.
(5) The contract shall be awarded to the lowest or, if applicable (such as in a land sale), the highest
responsible and responsive bidder whose bid conforms in material respects to the requirements and
criteria set forth in the invitation for bids. In making the determination of the lowest (or highest)
responsible and responsive bidder, the materials manager Finance director may consider the following:
i.
The ability, capacity and experience of the bidder to perform the contract.
ii.
Whether the bidder can perform the contract promptly, or within the time specified, without
delay or interference, or has a valid reason why such performance is impracticable.
iii.
The quality of performance of previous contracts.
iv.
The sufficiency of the financial resources of the bidder to perform the contract.
v.
The quality and adaptability of the materials, supplies goods or services to the particular use
required.
(Source: A.R.S. § 41-2533(G))
vi.
The number and scope of conditions attached to the bidder's offer.
(6)   If an award is not given to the lowest or highest bidder, a statement of the reason for not awarding to
the lowest bidder shall be given in writing and be placed in the contract file.
(d)
Sealed proposals (RFP):
(1) Proposals shall be solicited through a request for proposals.

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(2) Proposals shall be opened publicly at the time and place designated in the request for proposals. The
name of each proposer and such other relevant information as the materials manager Finance director
shall designate shall be publicly read and recorded as required by the materials manager Finance
director. All other information contained in the proposals shall be confidential so as to avoid disclosure
of contents prejudicial to competing proposers during the process of negotiation. The proposals and any
related public records shall not be open available for public inspection until 24 hours after contract the
notice of intent to award has been issued by the Finance director. Except to the extent If the proposer
designates, and the city concurs, trade secrets or other proprietary data contained in the proposal shall
remain confidential.
(3) As provided in the request for proposals, discussions may be conducted with responsible proposers who
submit proposals determined to be reasonably susceptible to being selected for award for the purpose
of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.
Proposers shall be accorded fair treatment with respect to any opportunity for discussion and revision
of proposals and such revisions may be permitted after submissions and before a notice of intent to
award is issued for the purpose of obtaining best and final offers. In conducting discussions, there shall
be no disclosure of any information derived from proposals submitted by competing proposers during
the negotiation process. (Source: A.R.S. § 41-2534(F))
(4) The award shall be made to the responsible and responsive proposer whose proposal is determined, in
writing, to be the most advantageous to the city and best meets the overall needs of the city taking into
consideration the evaluation of factors set forth in the request for proposals. The city is not bound to
award to the lowest cost (priced) RFP. No other factors or criteria may be used in the evaluation other
than the material criteria as set forth in the request for proposals or in this subsection (3). In addition to
the material criteria set forth in the request for proposals, the materials manager Finance director may
also consider the following:
i.
Price.
ii.
The ability, capacity and experience of the proposer to perform the contract.
iii.
Whether the proposer can perform the contract promptly or within the time specified,
without delay or interference.
iv.
The quality of performance of previous contracts.
v.
The sufficiency of the financial resources of the proposer to perform the contract.
vi.
The quality and adaptability of the materials, supplies or services to the particular use
required.
vii.
The number and scope of conditions attached to the proposer's offer, and conformance of
proposer's offer to material aspects of the request for proposal.
(Source: A.R.S. § 41-2534(G))
(5) The contract file shall contain the basis on which the award is made.
(e) 
Bid Protests and Record Requests
(1)
Any interested party may request to inspect or receive copies of public records related to a formal
procurement 24 hours after sealed bids have been opened and the notice of intent to award the bid has
been issued in accordance with subsection (b) and (c) above.  Any information that is protected as a
“trade secret” under the Arizona Trade Secrets Act or as “confidential” under any other applicable
statue, law or regulation shall remain confidential and shall be protected, deleted or redacted.
(2)
Any interested party may object to the issuance of a notice of intent to award a contract to a winning
bidder.

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(3)
Bid protests made pursuant to this section must be submitted to the Finance director no later than: (i)
seven (7) calendar days after the date upon which the protestor knew or should have known the basis
of its objection; or (ii) 15 calendar days after notice of the intent to award has been issued by the Finance
director, whichever is earlier.
(4)
A protest must be made in a writing to the Finance director, specifically identifying the objection to the
award of an IFB or RFP and signed by an individual or authorized representative of an interested party.
The protest must contain the following information:
i.
The name, address, telephone number and e-mail address of the protestant;
ii.
Identification of the solicitation or contract number;
iii.
A detailed statement of the legal and factual grounds of the protest, including copies of
relevant documents;
iv.
The form of relief requested.
(5)
The Finance director has the authority to determine if a protest has been submitted timely.  Untimely
protests will not be considered and will be dismissed. (Source: A.R.S. §§ 41-2533(G) and 41-2534(G)).
(6)
If the protest is timely, the Finance director will review and consider all the information and
documentation submitted with the protest. After conferring with the City Attorney’s Office, the Finance
director will issue a written determination, including whether to accept, reject or modify the relief
requested.  The Finance director will issue his/her ruling within fourteen (14) business days of receiving
the protest. If the Finance director fails to issue a decision within the time limits set forth in the
proceeding sentence, the protest is deemed to be denied.
(7)
If the protestant wishes to appeal the written determination issued by the Finance director in
accordance with subsection (e)(6) above, the protestant may request a hearing (“Hearing Request”).
The Hearing Request shall include the same information required in subsection (e)(3) above, and may
also include any new or additional information protestant believes justifies a reconsideration of the
Finance director’s determination.  The Hearing Request must be filed with the Finance director no later
than seven (7) business days after the written determination has been received by the protestant.  For
purposes of this section, “received by the protestant” shall mean the day protestant had actual or
constructive notice of the issuance of the Finance director’s bid protest determination.
(8)
The Hearing will be conducted by a neutral third party as designated by the city manager (“Hearing
Officer”) and shall be held within sixty (60) calendar days after the Hearing Request is received by the
Finance director, unless the parties agree otherwise.
(9)
The protestant may, but is not required to, be represented by legal counsel at the Hearing before the
Hearing Officer. The city shall be represented by the City Attorney’s Office.  A party may present
testimony and documentary evidence and argument with respect to the issues and may examine and
cross examine witnesses, subject to the determination of the Hearing Officer. Each party shall bear its
own costs and expenses.
(10) At least 10 calendar days prior to the Hearing, or as otherwise agreed by the parties, each party shall
exchange with the other party all documents, exhibits, and other evidence it intends to present at the
hearing and a list of witnesses intended to testify at the hearing.
(11) The Hearing Officer shall have no authority to issue subpoenas for the production of evidence or the
appearance of witnesses.   It is the responsibility of each party to have all witnesses, documents and
exhibits available on the date of the Hearing.
(12) The Hearing Officer will have a recording made of the Hearing at the expense of the City. If the protestant
or its attorney requests a transcript of the proceeding, the protestant shall pay its cost of obtaining a
copy the transcript.

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(13) Each party shall be allotted a maximum of one (1) hour to present its case.  The time limit is cumulative
and includes any opening and/or closing statement.  Hearings shall be conducted informally and in the
most efficient manner to expedite and ensure a fair hearing, as determined by the Hearing Officer. The
Arizona Rules of Evidence shall not apply.
(14) If a party fails to appear at a hearing without cause, the Hearing Officer may presume that the party no
longer wishes to proceed with the hearing or appeal the Finance director’s determination and may make
a finding in the city’s favor.  If a party fails to appear at a hearing with cause, the Hearing Officer may
reschedule the hearing date or may make a finding on the record without hearing testimony or
argument.
(15) The decision by the Hearing Officer shall be final. The decision shall be sent to all parties by personal
service or certified mail, return receipt requested, within 20 calendar days after the conclusion of the
Hearing.
(16) The city may establish such other administrative procedures as necessary to ensure orderly conduct of
the Hearing and to ensure due process.
(17) A bid awarded using the informal purchase procedures in section 2-146 may not be protested using the
procedures contained in this section or any other process.
(Ord. No. 1233, § 3.109, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 1710, § 1, 2-4-92; Ord. No. 2184, § 1, 2-13-
01)
Charter reference(s)—Bids, Art. VII, § 4.
Sec. 2-146. Informal purchase procedures.
(a)
Procurement of supplies goods and services, when the total cost will not exceed the formal purchase dollar
threshold of section 2-145, shall may be made using informal purchase procedures when the total cost will not
exceed the formal purchase dollar threshold of section 2-145(a).
(b)
All informal purchase procurements, wherever practical, are to be based on should solicit at least three (3)
quotations. City manager directives The Finance director, in consultation with the City Manager and City
Attorney, shall establish procedures for the informal procurements. of supplies goods and services, established
informal purchase procedure amount, and because of specific circumstances competition is not applicable.
(c)
Quotations shall be solicited from prospective vendors. As determined by the procedures established
according to subsection (b) above, such quotations may be provided in written or oral form.
(d)
The award shall be made to the quotation which best meets the needs of, and is most advantageous to, the
city. In addition to the criteria set forth in the quotation, the materials manager Finance director may also
consider the following:
(1)
Price.
(2)
The ability, capacity and experience of the proposer to perform the contract.
(3)
Whether the proposer prospective vendor can perform the contract promptly or within the time
specified, without delay or interference.
(4)
The quality of performance of previous contracts.
(5)
The sufficiency of the financial resources of the proposer to perform the contract.
(6)
The quality and adaptability of the materials, supplies or services to the particular use required.
(7)
The number and scope of conditions attached to the proposer's prospective vendor’s offer, and
conformance of proposer's the prospective vendor’s offer to material aspects of the quotation.

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(e)
The materials manager Finance director shall keep a record of all informal purchase awards and the responses
submitted in competition thereon, whether originally made in written or oral form, and such records shall be
part of the public record.
(f)
The materials manager shall prescribe an amount which A purchase of goods or services with a total cost of
less than $10,000 qualifies as a small purchase.  Competitive bidding is not required for small purchases. The
amount determination by the materials manager Finance director shall be in writing, part of the public record
and shall not exceed the amount specified in subsection (h) of this section. City manager directives prescribe
procedures for the procurement of supplies and services Finance director, in consultation with the City
Manager and City Attorney, shall establish procedures for the procurement of goods and services which do not
exceed the established small purchase amount and such that qualify as a small purchase. procurements, which
do not exceed the established amount, are independent of the requirements of this section.
(g)
Procurement of supplies and services when the cost will not exceed the formal purchase dollar threshold but
is greater than the ten thousand dollars ($10,000.00) shall may be made using written quotations.
(h)
Procurement of supplies goods and services, when the cost will not exceed ten thousand dollars ($10,000.00)
but is greater than the small purchase amount may be made using verbal or written quotations.
(i)
The materials manager Finance director shall have authority to receive protests lodged in writing, specifically
identifying the objection to the award of a quotation, and render a written finding, pursuant to informal
purchase procedure. The finding of the materials manager shall be final and conclusive. Awards issued under
these informal purchase procedures or as a small purchase may not be protested or appealed.
(Ord. No. 1233, § 3.110, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 1710, § 2, 2-4-92; Ord. No. 2184, § 1, 2-13-
01)
Sec. 2-147. Emergency purchases.
(a)
The materials manager Finance director may procure and contract for supplies goods and services without
compliance with the procedures set forth in sections 2-145 and 2-146 of this Code when there has been a
determination that an emergency purchase is necessary. For purposes of this section, an “emergency” is
defined is any condition or circumstances that pose a threat to the health, safety or welfare of the City or its
citizens.
(b)
The requesting department head shall be responsible for determining and documenting the validity of need
for all emergency purchase requests.
(c)
Emergency purchases shall be confirmed by filing a purchase requisition marked "emergency" to the materials
manager Finance director no later than noon the next working day. A complete written explanation shall be
signed by the department head and transmitted with the requisition.
(d)
City manager directives for eEmergency purchases of material goods and services prescribe procedures for
emergency purchases which cost one-hundred thousand dollars ($100,000) or more must be ratified by the
city council.
(Ord. No. 1233, § 3.111, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-148. Sole source procurements.
(a)
The materials manager Finance director may procure and contract for supplies goods and services without
compliance complying with the procedures set forth in sections 2-145 and 2-146 of this Code when there has
been a written determination that competition is not available and there is only one (1) known source for the
supply good or service.

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(b)
The agency department requesting a sole source procurement shall provide a written determination, in such
manner and on such form as the materials manager Finance director shall prescribe, justifying the basis for the
sole source procurement.
(c)
Award of a sole source procurement which exceeds the formal purchase dollar threshold of section 2-145 (a)
shall require the approval of the city council. City manager directives for sole source procurements of materials
goods and services prescribes procedures for sole source procurement.
(Ord. No. 1233, § 3.112, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-149. Cooperative purchasing.
(a)
The materials manager Finance director shall have the authority to participate with other units of government
for the procurement of supplies goods or services in cooperative purchasing agreements when the best
interests of the city would be served thereby.
(b)
The materials manager Finance director shall have the authority to enter into agreements, independent of
without meeting the formal or informal purchasing requirements of sections 2-145 and 2-146, established with
other units of government for the cooperative use of supplies goods or services provided the actions of the
other contracting party complies with the intent of said sections terms and conditions of the cooperative
purchasing agreement.
(c)
The Finance director shall also have the authority to administratively amend the city’s agreement with the
contracting party to adopt any amendment of the underlying agreement made by the originating unit of
government without obtaining further council approval.
(d)
The materials manager Finance director shall have the authority to institute enter into contracts with the
approval of the city council for the common use of warehouse facilities, capital equipment and other facilities
with other units of government under terms mutually agreed upon.
(Ord. No. 1233, § 3.113, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Sec. 2-150. Warehousing stores.
(a)
There is established in the City's books and records an account known as the warehouse inventory account.
(b)
Supplies to be added into an inventory administered by the Warehouse Manager an employee or agent
designated by the city manager and shall be charged against the warehouse inventory account. Requisitions
for withdrawal of supplies in inventory shall be credited to the warehouse inventory account by a charge
against the appropriation of the requesting agency.
(c)
The Warehouse Manager designated employee or agent shall maintain a perpetual inventory record of
supplies charged against the revolving fund and shall be responsible for the receipt, storage, issuance and
distribution of supplies contained therein.
(d)
The Warehouse Manager designated employee or agent shall be responsible for ensuring all inventory and
supplies added to the inventory account are procured in accordance with this chapter and such policies and
procedures as may be set forth by the Materials Manager Finance director.
(Ord. No. 1233, § 3.114, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01; Ord. No. 3004, § 1, 9-27-
16)
Sec. 2-151. Pool stock.
The materials manager Finance director shall have the authority to transfer and administer surplus city
personal property into a pool stock to be maintained for use by requesting agencies on a temporary basis. Using such

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form as shall be established, pool stock will be issued to requesting agency. All pool stock shall be returned at
designated time. The materials manager Finance director shall maintain pool stock in such condition that it is fit for
its intended purpose.
(Ord. No. 1233, § 3.115, 6-7-83; Ord. No. 1605, § 1, 6-13-89; Ord. No. 2184, § 1, 2-13-01)
Secs. 2-152. Suspension and Debarment.
(a)
The finance director, after consultation with the City Attorney, shall have authority to debar a person or
contractor for cause from participating in the city’s bid solicitation process or from receiving an award of city
contracts, grants, loans, or other financial assistance. The debarment may continue for a period of up to three
years.
(b)
The Finance director, after consultation with the City Attorney, shall have authority to suspend a person or
contractor for cause from participating in the city’s bid solicitation process or from receiving an award of city
contracts, grants, loans, or other financial assistance. The suspension may continue for a period of up to twelve
months.
(c)
The causes for debarment or suspension include the following:
(1) Indictment or conviction for commission of a criminal offense as an incident to obtaining or attempting to
obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(2) Indictment for or conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, violation of the Arizona Trade Secrets Act,
violation of environmental laws or requirements or any other offense indicating a lack of business integrity
or business honesty which affects responsibility as a contractor;
(3) Indictment for or conviction under state or federal antitrust or antidiscrimination statutes or the Drug-Free
Workplace Act arising;
(4) Violation or breach of contract provisions which the finance director has determined to be so serious as to
justify debarment action.  Such violation or breach may include, but is not limited to:
i.
Deliberate failure or refusal, without good cause, to perform in accordance with the terms and
conditions of the contract with the city; or
ii.
A recent record of failure to perform or of unsatisfactory performance in accordance with the
terms of one or more contracts with third parties; provided that failure to perform or
unsatisfactory performance caused by acts beyond the control of the contractor shall not be
considered to be a basis for debarment; or
iii.
On-going investigation or legal proceedings against the person or contractor; or
iv.
Any other cause the Finance director determines to be as serious and egregious, including
suspension or debarment by another governmental entity.
(d) The Finance director shall decide whether to debar or suspend the person or contractor is in the best
interests of the city, based on a preponderance of the evidence. The Finance director shall issue a written
decision which will include:
i.
The reasons for the action taken, including any evidence relied upon to reach the decision; and
ii.
Inform the debarred or suspended person of its right to protest the decision.

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(e)
A person or contractor subject to an order of suspension or debarment and any other party intervening will
be sent a copy of the decision issued according to this section from the city via regular U.S. mail or by
electronic means, if the person or contractor has notified the city that is its preferred method of
transmission, within 5 business days of its issuance by the Finance director.    The debarment or suspension
shall take effect immediately upon issuance of the order by the Finance director, unless otherwise provided
in the order.
(f)
The decision of the Finance director shall be final except that a debarred or suspended contractor or person
shall have the right to protest in accordance with section 2-145(e) of this article.
(g)
Nothing in this section prevents the Finance director from converting a suspension to a debarment should
additional facts or causes be discovered during the term of the person or contractor’s suspension.
(h)
In the event the cause given rise to the debarment or suspension is resolved in the person or contractor’s
favor, such person may petition the Finance director for reinstatement.  Any such petition must include
documentation evidencing the favorable outcome.  The Finance director shall issue a written decision
whether to terminate the person or contractor’s debarment or suspension within ten (10) business days.
The decision of the Finance director on whether to reinstate the person or contractor shall be final and
unappealable.
Secs. 2-153—2-154. Reserved.
Sec. 2-155. Bidding Construction and Job Order Contracts.
(a)
All contracts for building, altering, repairing, improving or demolishing city buildings, structures or other public
improvements shall be awarded only after a public competitive bid in compliance with provisions of title 34,
Arizona Revised Statutes.
(b)
Multiple departments of the city may use a single contract or multiple contracts to retain a supplier of
professional services as provided in A.R.S. §§ 34-103 and 603.  However, the city may not pay the supplier an
aggregated amount greater than $500,000 per year unless the contract or contracts has been procured using
a competitive bidding process pursuant to A.R.S. Title 34 and the formal procurement procedures of section 2-
145 above.
(c)
For purposes of this section, “professional services” is defined to include procurement of architect services,
construction, construction services, construction-manager-at-risk construction services, design-build
construction services, engineer services, job-order-contracting construction services, landscape architect
services, assayer services, geologist services, and land surveying services consistent with A.R.S. Title 34.
(d)
The city may use job-order contracting for construction services provided all the requirements of A.R.S. § 34-
607 are met, including the available appropriations and the maximum amount of an individual job order does
not exceed $1 million as provided in A.R.S. § 34-605.
(Ord. No. 2211, § 1, 9-25-01)
Sec. 2-156 Approval of change orders.
(a)
Change orders, which do not increase the contract amount of construction contracts, shall be approved and
executed by the city manager.
(b)
Change orders, which increase the contract amount of construction contracts, may be approved and executed
by the city manager if the total of all change orders for the contract does not exceed is less than fifty one-
hundred thousand dollars ($50,000.00) ($100,000). Any single or combination of change orders which increase
the contract amount by one-hundred thousand dollars ($100,000) or more must be approved by an affirmative
vote of the city council.
(Ord. No. 2211, § 2, 9-25-01)

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Secs. 2-157—2-165. Reserved.

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DIVISION 3. SALE, LEASE, ETC., OF CITY REAL PROPERTY
Sec. 2-166. Authorized.
a.
The city shall have the right to sell, lease, exchange or otherwise contract for the disposal, occupation or
use of city real property for in any manner and on any terms and conditions deemed in the best interests
of the city. Except as Unless otherwise provided in the charter, the council shall have the sole authority to
determine the best interests of the city and such determination shall be final and unreviewable.
b.
Contracts for professional services, such as performing of a title search, survey, or environmental site
assessment, used in support of a real estate transaction authorized by subsection (a) above are subject to
the formal or informal purchasing procedures contained in Section 2-145 or 2-146, respectively.
(Code 1963, §§ 2-39, 2-40)
Sec. 2-167. Notice.
A No sSale, lease, exchange or transfer of city real property shall may only be made until after a notice of such
sale has been published in a newspaper of general circulation in the city for two (2) consecutive weeks and a notice
of such sale has been posted at the city hall for twelve (12) consecutive days.
(Code 1963, § 2-41)
Sec. 2-168. Bids Sales of Real Property.
a.
Sale, lease, exchange, or any other transfer of, and licenses to occupy or use, any city real property may
be accomplished without following the formal or informal purchasing procedures contained in Section 2-
145 or 2-146, respectively.
b.
If the city sells, leases, exchanges, transfers or provides a right to occupy or use any city real property
without following the formal or informal purchasing procedures contained in Section 2-145 or 2-146, an
award or the resulting agreement may not be protested using the procedures contained in this article or
using any other process.
c.
If the city uses the formal purchase procedures of section 2-145 to solicit bids for sale of any real property,
the city shall follow those procedures as it would for any other bid solicitation or award.
d.
The city council shall receive, review and consider any and all bids and offers for the sale, lease, occupancy
or use of city real property and; provided, however, that and has  shall have the right to accept, reject or
make a counter-offer of any and all bids in its sole, unreviewable discretion. Council may request a best
and final offer from any and all bidders prior to making an award or may modify, amend, or cancel any
solicitation, in whole or in part,  at any time prior to or after the approval of a contract.
e.
The city council may also negotiate and agree to any terms and conditions in contract for sale of city real
estate that vary from the terms and conditions of any criteria or requirements contained in a bid
solicitation, provided those terms and conditions are deemed by the city council to be in the city’s best
interests.
(Code 1963, § 2-42)
Sec. 2-169. Exchanges of real property.
No eExchanges of real property shall may be made until only after a notice of such exchange has been posted
at the city hall for twelve (12) consecutive days.

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(Code 1963, § 2-43)
Sec. 2-170. Execution of documents.
The council shall have the power to enter into and to authorize the execution of any and all instruments
pertaining to the sale, lease, exchange, transfer, or disposal or use of city real property.  Any change, amendment or
modification of the provisions, terms or conditions of such instruments shall only be made and executed with the
approval of the same by council.
(Code 1963, § 2-44)
DIVISION 3.1. DISPOSAL OF SURPLUS OR OBSOLETE CITY PERSONAL PROPERTY2
2Editor's note(s)—Ord. No. 2184, § 2, 2-13-01, amended Div. 3.1 completely; repealed § 2-174 derived from Ord.
No. 1605, § 2, 6-13-89; renumbered § 2-175 as 2-174.

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Sec. 2-171. Disposal.
a. The city shall have the right to sell, lease, exchange, trade or otherwise dispose of surplus or obsolete city
personal property in any manner and on any terms and conditions deemed in the best interests of the city.
b. Except as Unless otherwise provided in the Charter, if the original purchase price of the personal property
being disposed of is less than $100,000, the Finance Director, in consultation with the city manager and city attorney,
shall determine the manner of disposal of the property that is in the best interests of the city.   and sSuch
determination shall be final and unreviewable. Such disposal may include donating any surplus or obsolete city
personal property to a governmental, nonprofit or charitable organization, without public notice.
d. If the original purchase price of the personal property is equal to or greater than $100,000, the council shall
determine the best interests of the city and such determination shall be final and unreviewable.
e. The conversion of surplus and obsolete city property, including surplus and obsolete property, for personal
use by any city employee, elected official, contractor, subcontractor or agent is prohibited.
f. Firearms and other specialty items used by the police department may be disposed of in any manner
deemed to be in the city's best interest by the city manager.   At the discretion of the city manager, the city may elect
to donate any surplus or obsolete city personal property to a governmental, nonprofit or charitable organization,
without public notice.
(Ord. No. 1605, § 2, 6-13-89; Ord. No. 2184, § 2, 2-13-01)
Charter reference(s)—Sale or transfer of obsolete supplies, material and equipment, Art. VIII, § 5.
Sec. 2-172. Notice.  Reserved.
No sale, lease, exchange, trade or other disposal action of surplus or obsolete city personal property shall be
made until a public notice in the official newspaper is provided.
(Ord. No. 1605, § 2, 6-13-89; Ord. No. 2184, § 2, 2-13-01)
Sec. 2-173. Offers.
The materials manager Finance director shall may receive all offers to purchase surplus or obsolete city
personal property and determine, in consultation with the city manager; provided, however, that the materials
manager shall have the right whether to accept or reject any and all offers. Items for which no offers are received
may be deemed to be of no intrinsic or monetary value by the Finance director and may be disposed of in any manner
he/she deemsed appropriate by the materials manager.
(Ord. No. 1605, § 2, 6-13-89; Ord. No. 2184, § 2, 2-13-01)
Sec. 2-174. Execution of documents.
The materials manager Finance director shall have the power to execute any and all instruments pertaining to
the sale, lease, exchange, trade or other disposal action of surplus or obsolete city personal property provided he/she
has complied with all other requirements of this division.
(Ord. No. 1605, § 2, 6-13-89; Ord. No. 2184, § 2, 2-13-01)
Secs. 2-175—2-185. Reserved.