§ 35.04 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other legal entity.
   CONFIDENTIAL INFORMATION. Any information which is available to an employee only because of the employee’s status as an employee of the town and is not a matter of public knowledge or available to the public on request.
   CONSTRUCTION. The process of building, altering, repairing, improving or demolishing any structure or building, or other improvements of any kind to any real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.
   CONTRACT. Any type of town agreement, regardless of what it may be called, for the purchase or disposal of supplies, services or construction. It includes 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.
   CONTRACTOR. Any person or business having a contract with the governmental body.
   COOPERATIVE PURCHASING. Procurement where the vendor has been selected through a competitive bidding process by another governmental unit or by a purchasing cooperative using a competitive bidding process consistent with public procurement and if, in the opinion of the Purchasing Agent, a separate bidding process is not likely to result in a lower price for the supply, service or construction.
   DEBARMENT. The disqualification of a person or business to receive invitations for bids or requests for proposals or the award of a contract by the town, for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance.
   DESIGNEE. A duly authorized representative or of a person holding a superior position.
   EMPLOYEE. An individual drawing a salary from the town, other than members of the Town Council.
   INVITATION FOR BIDS. All documents, including those attached or incorporated by reference, utilized for soliciting bids.
   LOCAL BUSINESS. A business located within the boundaries of the town that has paid all its required taxes, possesses a valid town business license, and has its headquarters in the town (defined as principal central office, including where primary headquarters related functions and services are performed, including financial, personnel, administrative, legal, planning and similar business functions).
   PROCUREMENT. The buying, purchasing, renting, leasing or otherwise obtaining any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.
   PROCUREMENT AGENT. The Town Manager of the town.
   PROFESSIONAL SERVICES. The services of lawyers, certified public accountants, auditors, consultants, appraisers, engineers, architects, landscape architects, assayers, geologists and land surveyors and similar professional 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 Procurement Agent.
   REQUEST FOR PROPOSALS (RFP). All documents, including those attached or incorporated by reference, utilized for soliciting proposals.
   RESPONSIBLE BIDDER. A person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure performance in compliance with contract documents.
   RESPONSIVE BIDDER. A person who has submitted a bid which conforms in all material respects to the invitation for bids.
   SERVICES. The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term includes “professional services”, but it does not include employment agreements or collective bargaining agreements.
   SPECIFICATIONS. Any description of the physical or functional characteristics, or of the nature of, a supply or 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.
   SUPPLIES. All personal property, including, but not limited to, equipment, parts, materials, printing, insurance and leases on real and personal property, excluding land or a permanent interest in land.
   SURPLUS SUPPLIES. Any supplies no longer having any use to the town and having no salvage value. This includes obsolete supplies, scrap materials and non-expendable supplies that have completed their useful life cycle.
   SUSPENSION. The disqualification of a person to receive invitations for bids or requests for proposals or the award of a contract by the town, for a temporary period pending the completion of an investigation, or during any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent or seriously improper conduct or failure or inadequacy of performance which may lead to debarment.
   TOWN. The Town of Quartzsite, Arizona.
   USING DEPARTMENT. Any department which utilizes any supplies, services or construction purchased under this chapter.
(Ord. 20-12, passed 10-27-2020)