Sec. 28-118. Exclusive remedy.

Notwithstanding any law to the contrary, this article shall provide the exclusive procedure for asserting a claim or cause of action against this city arising in relation to any procurement conducted under this chapter.

(Ord. No. 10404, § 1, 5-15-07)

Secs. 28-119--28-125. Reserved.

ARTICLE X. COOPERATIVE PURCHASING*

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*   Editors Note: See editor's note at Art. I.

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Sec. 28-126. Definitions.

In this article, unless the context otherwise requires:

   Sec. 28-126(1). "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit.

   Sec. 28-126(2). "Local public procurement unit" means the same as that term in A.R.S. section 41-2631.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-127. Applicability.

Agreements entered into pursuant to this article shall be limited to the areas of procurement of materials, services, professional services, construction or construction services, warehousing or materials management.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-128. Cooperative purchasing agreements required.

The city is not authorized to participate in cooperative purchasing unless a cooperative purchasing agreement is executed between the parties or the parties are members of a cooperative purchasing group or authority that permits cooperative use amongst its membership. All agreements entered into pursuant to this article shall be approved by the director.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-129. Cooperative purchasing authorized.

The city may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any materials, services, professional services, construction or construction services with one or more eligible procurement units in accordance with an agreement entered into between the participants. An agreement entered into as provided in this article is exempt from {A.R.S.] section 11-952, subsections D, E and F. Parties under a cooperative purchasing agreement may:

   Sec. 28-129(1). Sponsor, conduct or administer a cooperative agreement for the procurement or disposal of any materials, services, or construction.

   Sec. 28-129(2). Cooperatively use materials or services.

   Sec. 28-219(3). Commonly use or share warehousing facilities, capital equipment and other facilities.

   Sec. 28-129(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 providing the personnel, in accordance with the agreement.

   Sec. 28-129(5). On request, make available to other eligible 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 informational or technical services has the right to request reimbursement for the reasonable and necessary costs of providing such services.

The activities described in paragraphs (1) through (5) do not limit the activities of parties under a cooperative purchasing agreement.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)