§ 35.071 DEFINITIONS.
   (A)   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AGGREGATE AMOUNT. The total dollar amount during a fiscal year of items of a like nature, function and use the need for which can reasonably be determined at the beginning of the fiscal year. Items the need for which could not reasonably be established in advance or which were unavailable because of a failure of delivery need not be included in the AGGREGATE AMOUNT.
      CONTRACT. All types of local public agency agreements, including grants and orders, for the purchase or disposal of supplies, services, construction or any other item. It includes awards and notices of award; contracts of a fixed-price, cost, cost plus-a-fixed-fee or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing. It does not include labor contracts with employees of local public agencies.
      EVALUATED BID PRICE. The dollar amount of a bid after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, residual value and time of delivery, performance or completion.
      INVITATION FOR BIDS. All documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in KRS 45A.365.
      LEGISLATIVE BODY or GOVERNING BOARD. The city’s Board of Commissioners.
      MAY. Is permissive. However, the words “no person may . . .” mean that no person is required, authorized or permitted to do the act prescribed.
      NEGOTIATION. Contracting by either the method set forth in KRS 45A.370, 45A.375 or 45A.380.
      NONCOMPETITIVE NEGOTIATION. Informal negotiation with one or more vendor, contractor or individual without advertisement or notice.
      OBJECTIVE MEASURABLE CRITERIA. Sufficient information in the invitation to bid as to weight and method of evaluation so that the evaluation may be determined with reasonable mathematical certainty. Criteria which are otherwise subjective, such as taste and appearance, may be established when appropriate.
      PERSON. Any business, individual, union, committee, club, or other organization or group of individuals.
      PROCUREMENT. The purchasing, buying, renting, leasing or otherwise obtaining any goods, services or combination thereof. It also includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
      PURCHASE ORDER. A request for payment/ approval for purchase that is entered into the city’s accounting system. A PURCHASE ORDER is generated for every payment request within the city, exclusive of petty cash purchases.
      QUALIFIED PROVIDER. A person or business experienced in the design, implementation and installation of energy, water and wastewater conservation measures and is determined to be qualified by the local public agency. The qualified provider shall be responsible for and shall provide the local public agency with the following information regarding guaranteed energy, water and wastewater savings contracts:
         (a)   Project design and specifications;
         (b)   Construction management;
         (c)   Construction;
         (d)   Commissioning;
         (e)   On-going services as required;
         (f)   Measurement and verification of savings for guaranteed energy, water and wastewater savings contracts; and
         (g)   Annual reconciliation statements as provided in KRS 45A.352(8).
      QUALIFIED PURCHASING EXCEPTION. A defined exception which may excuse the purchasing department from standard purchasing procedures. QUALIFIED PURCHASING EXCEPTIONS are defined in § 35.081(A).
      REQUEST FOR PROPOSALS. All documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in KRS 45A.370, 45A.375, 45A380 or 45A385.
      RESPONSIBLE BIDDER or OFFEROR. A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
      RESPONSIVE BIDDER. A person who has submitted a bid under KRS 45A.365 which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.
      REVERSE AUCTION. A real-time, structured bidding process, usually lasting less than one hour, and taking place at a previously scheduled time and internet location, during which multiple bidders, anonymous to each other, submit revised, lower bids to provide the solicited good or leased space.
      SERVICES. The rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product other than reports which are merely incidental to the required performance of service. It does not include labor contracts with employees of local public agencies.
      SHALL. Is imperative.
      SPECIFICATIONS. Any description of a physical or functional characteristic of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery.
      SUPPLEMENTAL AGREEMENT. Any contract modification which is accomplished by the mutual action of the parties.
      SUPPLIES. All property, including, but not limited to, leases on real property, printing, and insurance, except land or a permanent interest in land.
   (B)   For the purpose of this subchapter, the definitions outlined above, and those defined by KRS 45A.345 shall apply unless the context clearly indicates or requires a different meaning.
(1984 Code, § 35.61) (Ord. O-24-19, passed 7-23-2019)