BUSINESS: Means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
CHANGE ORDER: Means a written order signed by the City Manager or department head, directing the contractor to suspend work or make changes, which the appropriate clauses of the contract authorize the City Manager to order without the consent of the contractor or any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
CITY: Means Santa Clara City and all other reporting entities controlled by or financially dependent upon the City Council.
CITY MANAGER: Means the City Manager of Santa Clara City.
CONTRACT: Means a written agreement for the delivery or disposal of supplies, services, or construction.
INVITATION FOR BIDS: Means all documents, whether attached or incorporated by reference, used for soliciting bids.
PERSON: Means any business, individual, union, committee, club, other organization, or group of individuals.
PROCUREMENT: Means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies, services, or construction.
PROFESSIONAL SERVICES CONTRACT: Means a contract for services performed by an independent contractor in a professional capacity who produces a service predominantly of an intangible nature. These include, but are not limited to, the services of an attorney, physician, engineer, accountant, architectural consultant, dentist, artist, appraiser or photographer.
PUBLIC UTILITIES EQUIPMENT AND SUPPLIES: Means equipment and materials purchased by the Public Works Department or Parks Department that are used in the regular course of supplying public utilities or park and trail amenities, and includes but is not limited to such items as piping, irrigation equipment, meters, conduit, terminations, transformers, cable, wire, hoses, pad mounted equipment, and general construction materials. "Public utilities equipment and supplies" does not include any purchase that includes, in whole or in part, labor (not including freight or delivery), services, vehicles or machinery.
PUBLIC WORKS PROJECT: Means the construction of a street, road, curb and gutter, sidewalk, power line or electrical generation or transmission facility; a public park, trail, or other recreational facility; a pipeline, culvert, dam, canal, or other system or facility for water, sewage, stormwater, or flood control; or any other public infrastructure, system, or improvement constructed, owned, operated, or maintained by the City.
PURCHASE: Means the acquisition of goods (supplies, equipment, etc.) in a single transaction such that payment is made prior to receiving or upon receipt of the goods.
PURCHASE DESCRIPTION: Means the words used in a solicitation to describe the supplies or services to be acquired, and includes specifications attached to or made a part of the solicitation.
REQUEST FOR PROPOSALS: Means all documents, whether attached or incorporated by reference, used for soliciting proposals.
SEALED BIDS: Means written proposals from persons or entities offering to contract with or to sell to the City which are received in sealed envelopes to be opened after the deadline for receipt of bids as defined in an invitation to bid.
SOLE SOURCE: Means goods or service for which there is only one source for the procurement item. Circumstances under which there is only one source for a procurement item may include: a) where the most important consideration in obtaining a procurement item is the compatibility of equipment, technology, software, accessories, replacement parts, or service; b) where a procurement item is needed for trial use or testing; c) where transitional costs are unreasonable or cost prohibitive; or d) where reasonably equivalent goods or services are not available from any other source. (Ord. 2018-10)