For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CHIEF ADMINISTRATIVE OFFICER: The City Manager.
CITY: Refers to the City of Enid, Oklahoma, and means the City government in all its forms, including not only all City departments, but also any public trust with the city as a beneficiary, any agency, commission, board or other person or entity acting for or on behalf of the City, but shall not include any independent contractor.
CITY PURCHASING AGENT OR AGENT: The City Manager.
COMMISSION: The Mayor and Board of Commissioners of the City of Enid, Oklahoma.
CONSTRUCTION MANAGEMENT TRADE CONTRACT OR SUBCONTRACT: Any public construction contract exceeding fifty thousand dollars ($50,000.00) in amount that is awarded as a trade contract in an agency construction management contract or awarded as a subcontract in an at-risk construction management contract.
CONTRACTUAL SERVICES: Shall not include professional services, contractual services that are in their nature unique and not subject to competition, contractual services that can only be procured from sole source vendors, public construction contracts or maintenance of public property contracts.
EMERGENCY: Limited to conditions resulting from a sudden unexpected happening or unforeseen occurrence or condition whereby the public health or safety is endangered.
MAINTENANCE OF PUBLIC PROPERTY CONTRACT:
Any contract, exceeding one hundred thousand dollars ($100,000.00) in amount, or any construction management trade contracts or subcontracts exceeding fifty thousand dollars ($50,000.00) awarded by the City for the purpose of maintaining or repairing any public improvement, but shall not include any maintenance or repair to any equipment, supplies or materials.
PUBLIC CONSTRUCTION CONTRACT:
Any contract, exceeding one hundred thousand dollars ($100,000.00) in amount, or any construction management trade contracts or subcontracts exceeding fifty thousand dollars ($50,000.00) in amount, awarded by the City for the purpose of making any public improvements or constructing any public building or making repairs to the same, except where the improvements, construction of any buildings or repairs to the same are improvements of buildings leased to a person or other legal entity for private and not public use and no public tax revenue shall be expended on or for said public construction contract unless the public tax revenues used for the project and authorized by a majority of the voters voting at an election held for that purpose and the public tax revenues do not exceed twenty five percent (25%) of the total project cost. The amount of public tax dollars committed to the project will not exceed a fixed amount established by resolution prior to or concurrent with approval of the project.
PUBLIC IMPROVEMENT:
Any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to a public agency, intended to enhance its value, beauty or utility, or to adapt it to new or further purposes. The term does not include direct purchase of equipment, supplies or materials, provided that the materials are not purchased in increments for an amount of less than one hundred thousand dollars ($100,000.00) and used for the purposes of completing a single project, or any personal property as defined in 62 Oklahoma Statutes section 430.1B (1 and 4).
PURCHASING COOPERATIVE: An association of public entities working together to provide leverage in achieving best value and/or the best terms in contracts awarded through a competitive bidding process.
RETAINAGE: The difference between the amount earned by the contractor on a public construction contract, with the work being accepted by the public agency, and the amount paid on said contract by the public agency.
SUPPLIES: All supplies, materials and equipment, except those that can only be procured from sole source vendors or are in their nature unique and not subject to competition.
USING AGENCY: Any department, board, commission, agency, division, section, bureau or other unit in City government using supplies or procuring contractual services as provided for herein.
(Ord. 2007-28, 9-18-2007; amd. Ord. 2022-23, 10-4-2022)