For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONFLICT OF INTEREST. A situation that arises when an employee or officer, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any such individuals, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
EMERGENCY PURCHASE or EMERGENCY CONTRACT. An immediate public improvement and purchase or contract of goods, professional or non-professional services, supplies, materials, equipment, or construction projects, whose immediate procurement is essential to the continuation of the work of the department concerned.
PROFESSIONAL SERVICES. A vocation or occupation usually requiring advanced education, special knowledge and skill, such as, but not limited to, law or medical professions. The labor and skill involved in such a profession is predominantly mental or intellectual, rather than physical or manual. PROFESSIONAL SERVICES include consultants hired for employee training.
PROJECT. An endeavor undertaken with any and all goods, professional or non-professional services, materials, and/or equipment necessary to obtain full operation of any repair, replacement, or construction to the extent that it is considered complete.
PURCHASE OF $2,000 OR MORE. Any public improvement and purchase or contract of goods, professional or non-professional services, supplies, materials, equipment and constructions projects, whose procurement and/or complete installation for intended use will exceed a cost of $2,000. Whenever possible, purchases of items whose individual cost is less than $2,000, but the extended cost of which is $2,000 or more, when purchased in quantity, is considered a PURCHASE OF $2,000 OR MORE. Whenever possible, purchases of items whose individual cost is less than $2,000, but when combined with other items as part of the same project exceed $2,000, is considered a PURCHASE OF $2,000 OR MORE.
PURCHASE ORDER. A document authorizing a seller to deliver goods with payment to be made later or a written authorization calling on the vendor or supplier to furnish goods to the person ordering such. It constitutes an offer, which is accepted when the vendor supplies the quantity and quality ordered.
PURCHASE ORDER CONTRACT. A standardized form contract on a form acceptable to the Purchasing Officer, or his or her designee, and City Attorney, or his or her designee, for the acquisition of goods, non-professional services, supplies, materials, equipment and the like, whereby no bid specifications are required, or where the bid specifications are so precisely detailed and defined that it is the purchaser’s belief that such goods, non-professional services, supplies, materials, and equipment will be provided without the necessity of a formal written contract.
SAGINAW-BASED BUSINESS.
(1) The physical and economic relationship to Saginaw determined by evidence of a building or office physically located in the city and the payment of:
(a) City income taxes on the contractors’ net profits; and
(b) City property taxes on a plant or office and equipment such as is ordinarily required for the performance of the contract bid.
(2) Any business physically located in the city which operates under a city-authorized tax abatement or forgiveness program, or any other city-authorized tax credit program, is still considered a
SAGINAW-BASED BUSINESS for purposes of this section.
TRANSACTION. The act of conducting or carrying out a request for public improvements, purchases, or contracts for goods, professional and non-professional services, supplies, materials, equipment, and construction projects.
WRITTEN CONTRACT. An agreement in writing between two or more parties for legal consideration, which creates an obligation to do or not to do a particular thing and is enforceable by law. It is within the discretion of the department head as to whether a formal written contract or a standardized written purchase order contract is necessary for the purchase of supplies, materials, and equipment or for professional or non-professional services to be provided by the contractor. When considering the necessity of a formal WRITTEN CONTRACT, the following may be considered:
(1) The contract is for a large sum of money;
(2) The city will incur obligations beyond the payment of the purchase price;
(3) There is a need for a more detailed accountability or description of scope of services by the contractor;
(4) The city may incur certain liability which needs specific insurance requirements; and
(5) More detailed remedies are necessary in the event the contractor breaches any of the terms and conditions of the contract.
(Prior Code, § 14.20) (Ord. O-82, passed 6-1-2009, effective 6-11-2009; Ord. O-193, passed 7-24-2017, effective 8-3-2017)