For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE SERVICES DIRECTOR. The person responsible to administer the provisions of this chapter. The ADMINISTRATIVE SERVICES DIRECTOR may delegate duties as necessary.
BID. An offer in response to an informal request, competitive sealed bid solicitation, or a design build solicitation.
CHANGE ORDER. A written order signed by the city, which directs the contractor to make changes to the contract.
CITY. Lake Havasu City, Arizona.
COMPETITION IMPRACTICAL. Procurement when the supplies or services are such that compliance with the requirements of a competitive bid process is impractical, unnecessary, or contrary to the public interest as determined or verified by the procurement officer and approved by the City Council.
CONSTRUCTION. The process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. CONSTRUCTION does not include the routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property or the investigation, characterization, restoration, or remediation due to an environmental issue of existing facilities, structures, buildings, or real property.
CONTRACT. All types of agreements, including purchase orders and change orders, regardless of what they may be called, for the procurement or disposal of goods, services, or construction.
CONTRACT AMENDMENT. A written alteration in the terms and conditions of any contract accomplished by mutual action of the parties to the contract.
CONTRACT AMOUNT. The aggregate (total) value of compensation, including applicable taxes and delivery charges, included in a contract prior to change orders.
CONTRACTOR/VENDOR/SUPPLIER. Any person or entity who has a contract with the city.
COOPERATIVE PURCHASE CONTRACT. A contract previously solicited through a competitive process by another governmental entity, including purchases from the state bid list or from a purchasing cooperative that solicited contracts using a competitive process consistent with public procurement.
DAY. Calendar days unless otherwise specified by this chapter.
DEBARMENT. The disqualification of a person to submit offers or be awarded a contract by the city for a specified period of time commensurate with the seriousness of the offense.
DISADVANTAGED BUSINESS ENTERPRISE. A small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.
EMERGENCY. Circumstances that could not have been reasonably foreseen which create a substantial risk of loss, damage, interruption of services, or threat to the public health or safety and which require prompt execution of a contract to remedy the condition.
EMERGENCY PURCHASE. Procurement when there is an emergency.
GOODS. Supplies, equipment, or materials, and any other personal property, including tangible, intangible, and intellectual property and rights and licenses in relation thereto.
INTERGOVERNMENTAL AGREEMENT. An agreement entered into pursuant to A.R.S. Title 11, Chapter 7, Article 3.
NON-MATERIAL DEFECT. A component in an offer that does not conform to all of the requirements of a solicitation, but which the Administrative Services Director, in the case of purchases that may be approved by the Administrative Services Director or the City Council, determines will not give a competitive advantage to an offeror and is in the best interest of the city.
OFFER. A response to a solicitation. An offer may be either a bid or a proposal.
OFFEROR/BIDDER/PROPOSER. A person submitting a response to a solicitation.
PERSON. Any corporation, business, individual, union, committee, club, other organization, or group of individuals.
PROCUREMENT. The purchasing, renting, leasing, or otherwise acquiring of any goods, services or construction, including the process of solicitation. Purchasing shall have the same meaning as PROCUREMENT.
SERVICE. The furnishing of labor, time, or effort by a contractor or subcontractor that does not involve the delivery of a specific end product other than required reports and performance.
SMALL BUSINESS. A United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation.
SOLE SOURCE. A contract for a good or service entered into without a competition process, based on a justification that only 1 known capable source exists or that only 1 single supplier can fulfill the requirements.
SOLICITATION. A request for the purpose of soliciting offers.
SPECIALIZED SERVICES. Services in which the primary effort involved in providing the service is intellectual or conceptual rather than physical and where creativity, innovation, interpretation, judgment, unusual talent or treatment are involved, including but not limited to lawyers, certified public accountants, auditors, consultants, appraisers, lobbyists, health benefits, medical, insurance and broker services, marketing, advertising, unemployment, and investigative services. SPECIALIZED SERVICE does not include technical registrants. Questions regarding whether a service is a SPECIALIZED SERVICE shall be referred to the Administrative Services Director.
SPECIFICATION. Any description of the physical or functional characteristics, or of the nature of, a supply, or service item. The term may include a description of any requirements for inspection, testing, delivery, performance requirements, acceptance, licenses and permits.
SUBCONTRACTOR. A person who contracts to render service to a contractor or to another subcontractor as a part of a contract.
TECHNICAL REGISTRANT. A person or firm registered by the state board of technical registration pursuant to A.R.S. Title 32, Chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and persons employed by the registered individual or firm.
TITLE 34 PROCUREMENT. A procurement governed by A.R.S. Title 34.
USING DEPARTMENT. Any city department using or requesting goods, services, or construction.
WORK. The furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire contract and successful completion of all duties and obligations imposed by the contract.
WRITTEN or WRITING. Conventional paper documents either hand-written or printed, in contrast to spoken words. It also includes electronic transmissions or facsimile documents when required by applicable law or to the extent permitted by the solicitation document or contract.
(Ord. 20-1232, passed 5-12-2020)