Section 3-3-9 Exceptions
A. Exclusive Service. In the event that there is only one (1) firm or company or individual within twenty-five (25) highway miles of the Town capable of providing a particular service or commodity, and such services or commodities cannot be secured from other persons or companies, then Section 3-3-2 shall not be applicable, and such services or commodities can be secured without bidding.
B. Professional or Specialized Services. The following are services that are exempt from the purchasing requirements herein:
Services which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Such services include, but are not limited to, the services of lawyers, certified public accountants, auditors, consultants, appraisers, engineers, architects, landscape architects, assayers, geologists, land surveyors and similar occupations involving specialized knowledge, labor or skill predominantly involving mental or intellectual rather than physical or manual skills. Questions regarding whether a service is a professional service shall be referred to the Purchasing Agent.
C. Sole Source Basis. The following are exempt from the bidding requirements:
The purchase or procurement of nonprofessional services, upon concurrence of the Town Manager, when it is clearly to the advantage of the Town to negotiate on a sole source basis with a specific person or firm. Circumstances which would support such negotiations include, but are not limited to:
1. A proposed contract for additional work on the same project or relating professionally to work completed by the person or firm under another contract;
2. Other special unique qualifications of the person or firm;
3. Contract costs to be shared with another agency that had preselected the person or firm under their procedures;
4. When rapid response is required due to circumstances beyond the control of the Town.
The Purchasing Office shall keep a record of such supporting circumstances. All sole source contracts for nonprofessional services of estimated value of seventy-five thousand dollars ($75,000) and greater shall be submitted to the Town Council for review prior to final award and the supporting circumstances made part of the public record; and they shall be awarded by the Town Council and executed by the Town Manager.
D. Cooperative Purchasing. This article shall not apply to purchases made by, through or with the State of Arizona or its political subdivisions. The Town may make purchases or award contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service if, in the opinion of the Purchasing Agent, a separate bidding process is not likely to result in a lower price for such items or services.
E. Used Equipment. Upon recommendation of the Town Manager, the Council may elect to waive the bid procedures with respect to the purchase of used equipment.
F. Lease Purchase Agreements. This article shall not apply to acquisitions made through lease purchase agreements that have been approved by the Council.
G. License and Maintenance Agreements. Unless otherwise required by Council, license and maintenance agreements are exempted from this article. [Ordinance #416, 2022; Ordinance #350, 2013; Resolution #1425, 2013; prior code § 3-4-9.]