For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCHITECT, ENGINEER, and LAND SURVEYING SERVICES. Those professional services within the scope of the practice of architecture, professional engineering, or land surveying, as defined by the laws of the state, which are required to be performed or approved by a person licensed, registered, or certified to provide such services.
BID. An offer in response to a solicitation, IFB (Invitation for Bid).
BLIND TRUST. An independently managed trust in which the beneficiary has no management rights and is not given notice of alterations in, or other dispositions of, the property subject to trust.
BRAND NAME OR EQUAL SPECIFICATION. A specification that uses one or more manufacturers' brand names, with identifying model numbers, used in a performance specification to describe the standards of quality, performance, and other characteristics needed to meet the requirements of the end user.
BRAND NAME SPECIFICATION. A specification limited to a name, term, symbol, design, or any combination thereof used in specifications to describe a product by a unique identifier specific to a particular seller or manufacturer that distinguishes it from its competition.
BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
CONFIDENTIAL INFORMATION. Any information which is available to an employee only because of the employee's status as an employee of the city, and is not a matter of public knowledge or available to the public on request.
CONSTRUCTION and/or CONSTRUCTION PROJECTS. The process of building, altering, repairing, improving, or demolishing any public infrastructure or facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair or routine maintenance of any existing public infrastructure facility, including any structures, buildings, or real property.
CONTRACT.
(1) An obligation, such as an accepted offer, between competent parties upon a legal consideration, to do or abstain from doing some act. The essential elements of a contract are an offer and an acceptance of that offer; the capacity of the parties to contract; consideration to support the contract; a mutual identity of consent; legality of purpose; and definiteness.
(2) A legally binding promise, enforceable by law.
(3) An agreement between parties with binding legal and moral force, usually exchanging goods or services for money or other considerations.
CONTRACT MODIFICATION. Any written alteration in specifications, delivery point, frequency of delivery, period of performance, price, quantity, or other provisions of the contract, accomplished by mutual agreement of the parties to the contract.
COOPERATIVE PURCHASING.
(1) The action taken when two or more entities combine their requirements to obtain advantages of volume purchases, including administrative savings and other benefits.
(2) A variety of arrangements, whereby two or more public procurement entities (or agencies) purchase from the same supplier or multiple suppliers using a single Invitation for Bids (IFB) or Request for Proposals (RFP).
(3) Cooperative procurement efforts may result in contracts that other entities may "piggyback."
DISADVANTAGED BUSINESS. A business owned or controlled by a majority of persons who are determined to have been deprived of the opportunity to develop and maintain a competitive economic position because of specified social disadvantage. (Harney, 1992). Reference CFR § 124.105.
EMPLOYEE. An individual drawing a salary or wages from the city, whether elected or not; any non-compensated individual performing personal services for the city or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the city.
GRATUITY. Anything of more than nominal value given with the hope of obtaining influence. A payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.
INVITATION FOR BIDS. All documents used to solicit competitive or multi-step sealed bids.
KICKBACK. The payment of something of value to an individual with the goal of persuading or influencing his or her decision or performance in a certain situation. May be in the form of cash or favors and is usually unethical.
PIGGYBACK (PIGGYBACK COOPERATIVES). A form of intergovernmental cooperative purchasing in which an entity will be extended the pricing and terms of a contract entered into by a larger entity. Generally, a larger entity will competitively award a contract that will include language allowing for other entities to utilize the contract which may be to their advantage in terms of pricing, thereby gaining economies of scale that they normally would not receive if they competed on their own. Example: A smaller government agency has the ability to use its state issued contract to obtain goods and services which is also known as riding a contract.
PROCUREMENT. The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies, services, or construction. It 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. It also includes the proper disposal of surplus supplies, equipment, or real property.
PUBLIC AGENCY. A public entity subject to or created by the city.
PUBLIC NOTICE. The distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods include publication in newspapers of general circulation, electronic or paper mailing lists, and web site(s) designated by the city and maintained for that purpose.
REQUESTS FOR PROPOSALS. The document used to solicit proposals from potential providers (proposers) for goods and services. Price is usually not a primary evaluation factor. Provides for the negotiation of all terms, including price prior to contract award. May include a provision for the negotiation of best and final offers. May be a single-step or multi-step process. Introduced in the Armed Services Procurement Act of 1962 as well as by the Competition in Contracting Act of 1984.
REQUESTS FOR QUOTATIONS. Purchasing method generally used for small orders under a certain dollar threshold. A request is sent to suppliers along with a description of the commodity or services needed and the supplier is asked to respond with price and other information by a predetermined date. Evaluation and recommendation for award should be based on the quotation that best meets price, quality, delivery, service, past performance, and reliability.
RESPONSIBLE BIDDER or OFFEROR. A person, contractor or business entity who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess the full capability, including financial and technical, to perform as contractually required.
RESPONSIVE BIDDER. A person, contractor or business entity who has submitted a bid or request for proposal that fully conforms in all material respects to the IFB/RFP and all of its requirements, including all form and substance.
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 shall not include employment agreements or collective bargaining agreements.
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.
SPECIFICATION. Any description of the physical or functional characteristics or of the nature of a supply, 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 tangible items purchased or consumed by an entity.
('76 Code, § 3-8-1-B) (Ord. 903, passed 7-23-92; Am. Ord. 2008-012, passed 6-12-08; Am. Ord. 2016-008, passed 12-8-16)