For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDENDA or ADDENDUM. Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the contract documents.
BUSINESS LOCATION. A permanent office or other site where the vendor operates, conducts, engages in, or carries on all, or a portion of, its business. A post office box shall not be sufficient to constitute a BUSINESS LOCATION.
CHANGE ORDER. Changes, due to unanticipated conditions or developments, made to an executory contract, which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specifications as to constitute a new undertaking. The changes must reasonably and conscientiously be viewed as being in fulfillment of the original scope of the contract rather than as departing therefrom. Further, the changes, when viewed against the background of the work described in the contract and the language used in the specifications, must clearly be directed either to the achievement of a more satisfactory result or the elimination of work not necessary to the satisfactory completion of the contract.
CHIEF PROCUREMENT OFFICER. The City Manager, or his or her designee, who is responsible for the procurement of commodities and services as well as the management and disposal of commodities.
CITY STANDARD COMMODITIES. Those situations where the city has determined that a particular style, brand, make, or model is the only type that meets the city’s requirements for performance, compatibility or other salient characteristics.
COMMODITIES. Personal property, including, but not limited to, goods, supplies, apparatus, equipment, material and other forms of tangible personal property.
CONTRACTOR. Any person or business entity having a contract with the city.
COOPERATIVE PURCHASING. Situations where the city participates in joint procurement of commodities or services with other public entities, in order to obtain lower prices through greater purchasing volume.
INVITATION FOR BID. A written solicitation for competitive sealed bids with the title date and hour of the public bid opening designated therein and specifically defining the commodities or services for which bids are sought. The invitation for bid shall be used when the city is capable of specifically defining the scope of work for which a service is required or when the city is capable of establishing 15 precise specifications defining the actual commodities required. The invitation for bid shall include instruction to bidders, plans, drawings and specifications, if any, bid form and other required forms and documents to be submitted with the bid.
QUOTATIONS. Unsealed telephonic, facsimile or written bids for commodities or services.
REQUEST FOR LETTERS OF INTEREST. A written solicitation for offers with the title, date and hour of the submission deadline designated. A request for letters of interests shall include, but is not limited to, general information and submission deadline. The city shall engage in competitive negotiations with responsible offerors determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and conformance to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion.
REQUEST FOR PROPOSALS. A written solicitation for competitive sealed proposals with the title, date and hour of the public opening designated. A request for proposals shall include, but is not
limited to, general information, functional or general specifications, a statement of work, proposal instruction and evaluation criteria. All requests for proposals shall state the relative importance of price and any other evaluation criteria. The city may engage in competitive negotiations with responsible proposers determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and conformance to the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offer.
REQUEST FOR QUALIFICATIONS. A written solicitation for competitive sealed offers with the title, date and hour of the public opening designated. A request for qualifications shall include, but is not limited to, general information, functional or general specifications, statement of work, instructions for offer and evaluation criteria. All requests for qualifications shall state the relative importance of the evaluation criteria. The city may engage in competitive negotiations with responsible offerors determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and conformance to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of offers, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offer.
RESPONSIBLE BIDDER, RESPONSIBLE OFFEROR, or RESPONSIBLE PROPOSER. A person or business entity having the capability in all respects to perform fully the contract requirements and sufficient experience, ability, reliability, capacity, facilities, equipment, financial resources and credit to give the city a reasonable expectation of good faith performance, determined solely within the city’s discretion.
RESPONSIVE BIDDER, RESPONSIVE OFFEROR, or RESPONSIVE PROPOSER. A person who has submitted a bid, offer, or proposal that conforms in all material respects to the invitation for bid, request for letters of interests, request for qualifications, or request for proposals, determined solely within the city’s discretion.
SERVICES. The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end-product other than reports that are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.
SOLE SOURCE. The commodities or services are available from only one responsible vendor.
SURPLUS PROPERTY. Any personal property belonging to the city that is capable of being used but is in excess of the normal operating requirements of the city or which is no longer used or which has become obsolete, worn out or scrapped.
USING AGENCY. Any department, agency, commission, bureau or other unit in the city government using commodities or procuring services as provided in this subchapter.
(Ord. 1409, passed 6-19-02; Am. Ord. 1684, passed 3-16-11; Am. Ord. 1924, passed 5-15-19)