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)