(A) Existing contracts. This chapter applies only to contracts solicited or entered into after the effective date of this chapter unless the parties agree to its application to a contract entered into prior to the effective date. Renewal of existing contracts shall comply with this chapter unless existing contract terms provide otherwise.
(B) Application to town procurement. This chapter shall apply to every expenditure of public funds regardless of source, including state and federal assistance monies, by the town, under any contract; except that, nothing in this chapter shall prevent the town from complying with the terms and conditions of any grant, gift or bequest or cooperative agreement. This chapter shall also apply to the disposal of town supplies.
(C) Effect of state or federal assistance requirements. In the event state or federal assistance requirements conflict with the provisions of this chapter, nothing in this chapter shall prevent the town from complying with the terms and conditions of the federal assistance requirements and the Procurement Agent shall have authority to adopt regulations governing town compliance with federal assistance requirements on any given project.
(D) Procurements under A.R.S. Title 34. Notwithstanding any other provisions of this chapter, the provisions of A.R.S. Title 34 shall apply to the procurement of services of technical registrants and construction services; except that, the requirements of this chapter shall apply to the extent A.R.S. Title 34 does not require bidding or a qualifications-based selection process.
(E) Exceptions. This chapter does not apply to land leases entered into by the town, the purchase of real property, and intergovernmental agreements.
(F) Council waiver of bid requirements. Except where bidding or other competitive process is required by law, the Town Council may waive the bidding requirements of this chapter.
(Ord. 20-12, passed 10-27-2020)