§ 38.002  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFFILIATED ENTITY.  An entity (including any natural person) which is currently engaged in a relationship with another entity, or which was engaged in such a relationship at any time during which any facts or circumstances germane to issues governed by any provision of this chapter arose (for example: an entity which is not currently related but was related as an affiliated entity at the time when currently past due taxes of the principal entity, or of the affiliated entity, became due and payable etc.), if as a consequence of the relationship the entity directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another entity.
      Note: For purposes of this definition, CONTROL shall mean having the power to direct or cause the direction of the management or policies of another entity through any direct or indirect means. Control will be presumed to exist if any entity, directly or indirectly owns, controls, holds with power to vote, or holds proxies representing, 20% or more of any voting securities or membership interests in another entity.
   AGENCY. An entity, authority, board, bureau, commission, department, government corporation, legislative body or official of the city over which the city exercises budgetary or administrative responsibility and which uses commodities, equipment, materials, supplies or contractual services.
      (1)   Professional services of an architectural or engineering nature, as defined by state law, if applicable, which are required to be performed or provided by a person licensed, registered or certified to provide the services as described herein;
      (2)   Professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration or repair of city property or other property or space in which the city has an interest; and
      (3)   Such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including: studies, investigations, surveying, mapping, tests, evaluations, consultation, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals and other related services.
   BLANKET OR CONSOLIDATED PURCHASE. An arrangement under which a purchaser contracts with a vendor to provide the purchaser's requirements for a commodity or service, on an as-required and often over-the-counter basis. The order or purchase shall contain a limit on the period of time it is valid and the maximum amount of money that may be spent at one time or within a specified time period.
   BUSINESS. Any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture or other legal entity through which business for profit or not for profit is conducted.
   CHANGE ORDER. A written order made within the context of the scope of services and amount of the contract or purchase order, signed by the official(s) designated by the appropriate department head, directing the contractor to make changes, which are authorized by the contract or purchase order.
   CITY FUNDS. All appropriations set forth in the general and capital budgets, including projects identified in the long-term capital plan, and funds appropriated in the water and water pollution control enterprise fund budgets.
   COMMODITIES. An article of trade, a movable article of value, something that is bought or sold; any movable or tangible thing that is produced or used as the subject of barter or sale. When used alone, the term COMMODITIES shall include EQUIPMENT, MATERIALS AND SUPPLIES.
   COMPETITIVE GRANT PROCESS. A process that commences with an application for funding that is scored and ranked by relative merit (in comparison to proposals submitted by other applicants) based upon specific criteria established by the funder, in order to determine grant award recipients.
   COMPETITIVE NEGOTIATION. A procedure for contracting for commodities, contractual services (including construction), in which:
      (1)   Proposals are solicited from qualified suppliers by a request for proposals; and
      (2)   Changes may be negotiated in proposals and prices after being submitted.
   COMPETITIVE SEALED PROPOSAL PROCESS. The purchasing process set forth herein. The process shall include the utilization of competitive negotiation.
   CONSTRUCTION. The process of building, altering, repairing, improving or demolishing any public infrastructure facility, including any public structure, public building or other public improvements of any kind to city property or other property or space in which the city has an interest. It does not include the routine operation, routine repair or routine maintenance of any existing public infrastructure facility, including structures, buildings or real property.
   CONSTRUCTION ITEM. Commodities or services involved in the process of building, designing, altering or repairing a public structure or building, or other improvements to any city property. It does not include routine operation, routine repair or routine maintenance of existing structures, buildings or property.
   CONTRACT. A written agreement between two or more competent persons to perform or not to perform a specific act or acts pertaining to services and professional services or as otherwise set forth in this chapter. Whenever a subcontract exists under procurements approved under this chapter, the requirements applicable to "contracts" shall be applicable to "subcontracts". Whenever the term AGREEMENT is used in this chapter, it shall mean either a contract or purchase order depending on the context.
   CONTRACT MODIFICATION OR AMENDMENT. 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, other than change orders, which were previously defined.
   CONTRACTOR. Any person having a contract or purchase order with the city or any of its agencies.
   DATA. Recorded information, regardless of form or characteristic.
   DESIGN-BUILD-FINANCE-OPERATE-MAINTAIN. A project delivery method in which the city enters into a single contract for at least two of the following: design, construction, finance, maintenance, and operation of an infrastructure facility over the contractually defined period.
      (1)   The written description of the infrastructure facility or service to be procured hereunder, including:
         (a)   Required features, functions, characteristics, qualities and properties that are required by the city;
         (b)   The anticipated schedule, including start, duration and completion; and
         (c)   Estimated budgets (as applicable to the specific procurement) for design, construction, operation and maintenance.
      (2)   The design requirements may, but need not, include drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project.
   DESIGNEE. A duly authorized representative of a person holding a superior position.
   DIRECTOR OF PURCHASING or PURCHASING AGENT. The person holding the position established in § 7C-4(b) of the Charter of the city as the head of the centralized procurement system and the procurement officer of the city.
   ELECTRONIC. Electrical, digital, magnetic, optical, electromagnetic or any other similar technology.
   EMPLOYEE. An individual employed by the city, whether as a classified or unclassified, permanent or temporary, full-time or part-time employee, or employed by contract on a continuing basis and all employees of the board of education. For purposes of this chapter, the term EMPLOYEE may include public officials.
   EQUIPMENT. Personal property of a durable nature that retains its identity throughout its useful life.
   ESTABLISHED CATALOG PRICE. The price included in a catalog, price list, schedule or other form that:
      (1)   Is regularly maintained by a manufacturer or contractor;
      (2)   Is either published or otherwise available for inspection by customers; and
      (3)   States prices at which sales are currently or were last made to a significant number of any category of buyer or buyers constituting the general buying public for the commodities or services involved.
   EXCESS SUPPLIES. Any supplies other than expendable supplies having a remaining useful life but which are no longer required by the using agency in possession of the supplies.
   EXPENDABLE SUPPLIES. All tangible supplies other than non-expendable supplies.
   GRANT or LOAN. The furnishing by the government of assistance, whether financial or otherwise, to any person to support a program authorized by law.
   HUD.  The United States Department of Housing and Urban Development.
   INFRASTRUCTURE FACILITY. A building; structure; or networks of buildings, structures, pipes, controls and equipment that provide transportation, utilities, public education or public safety services. Included are government office buildings, public schools; jails; water treatment plants, distribution systems and pumping stations; waste water treatment plant, collections systems and pumping stations; solid waste disposal plants, incinerators, landfills and related facilities; public roads and streets; highways; public parking facilities; public transportation systems, terminals and rolling stock; rail, air and water port structures, terminals and equipment.
   INVITATION FOR BIDS. All documents, whether attached or incorporated by reference, utilized for soliciting bids.
   LEASE. A contract conveying from one person to another use of real estate or personal property for a designated period of time in return for total payment or other compensation.
   LEASE PURCHASE AGREEMENT. A lease containing a purchase option in which the lessee's periodic payments or parts thereof may be applied to serve both as the rental obligation and as installments for acquiring ownership of the property upon lessee's exercising the purchase option; a conditional sales contract.
   MATERIALS. Items required to perform a function or used in a manufacturing process, particularly those incorporated into an end product or consumed in its manufacture.
   MAY. Permissive.
   MULTI-STEP COMPETITIVE SEALED BIDDING. A competitive process calling for separate submissions of proposals or responses following the issuance of a request for information, request for qualifications or other solicitation prior to the issuance of an invitation for bid. The issuance of these solicitations may constitute the first step or steps of a process followed by a call for non-negotiable competitive-price bid. A request for qualifications may also be utilized as the first step in the competitive sealed proposal process.
   OPERATIONS AND MAINTENANCE. A project delivery method whereby the city enters into a single contract for the routine operation, routine repair and routine maintenance of an infrastructure facility.
   PERSON. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation, limited liability company, estate, trust, syndicate, union, other organization or group or association of individuals however formed.
   POLICIES. The policies pertinent to this chapter established by the Director of Purchases.
   PROCUREMENT. Buying, purchasing, renting, leasing or otherwise acquiring any commodities, services, property or construction or obtaining a benefit from the city even in the event the city is not responsible for compensation. It also includes all functions that pertain to the obtaining of any commodity, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of a contract or purchase order, and all phases of contract administration.
      (1)   Any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services of architects, professional engineers or jointly by architects and professional engineers, landscape architects, certified public accountants and public accountants, land surveyors, attorneys-at-law, psychologists, licensed marital and family therapists, licensed professional counselors and licensed clinical social workers as well as such other professional services set forth, now or hereafter, in Conn. Gen. Stat. § 33-182a or as established by ordinance.
      (2)   A CONTRACT FOR PROFESSIONAL SERVICES may refer to individuals or to business entities established:
         (a)   For the sole and specific purpose of rendering professional services and which has as its owners, members, partners or shareholders only individuals who themselves are licensed or otherwise legally authorized to render the same professional service as the business entity; or
         (b)   For the sole and specific purpose of rendering professional services by members of two or more of the following professions: psychology, marital and family therapy, social work, nursing, professional counseling and psychiatry and that has as its owners, members, partners or shareholders only individuals who themselves are licensed or otherwise legally authorized to render one of the professional services for which the business entity was created.
   PROPOSAL DEVELOPMENT DOCUMENTS. Drawings and other design related documents that are sufficient to fix and describe the size and character of an infrastructure facility as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate to the applicable project delivery method.
   PUBLIC NOTICE. The distribution or dissemination of information to interested parties using methods that are reasonably available and comport with the requirements of the freedom of information laws set forth in the state general statutes. Such methods will often 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.
   PUBLIC OFFICIAL. Any elected officer or official, any person appointed to any office, board or commission of the city by the Mayor or Board of Aldermen, or a department head of the city appointed by the Mayor, as set forth in the Charter or ordinances, with or without the approval of the Board of Aldermen.
   PURCHASE ORDER. A document that formalizes certain purchase transactions with the city. The PURCHASE ORDER shall contain statements as to the quantity, description and price of the items ordered; legal terms and conditions; applicable terms as to payment discounts, date of performance and transportation and other factors or suitable references pertinent to the purchase and its execution by the vendor. Delivery of the services or commodities set forth in a purchase order constitutes acceptance and the creation of an enforceable contractual obligation by the vendor. Whenever the term AGREEMENT is used in this chapter, it shall mean either a contract or purchase order depending on the context.
   REGULATION. A governmental body's statement, having general or particular applicability and future effect, designed to implement, interpret or prescribe law.
   REQUEST FOR INFORMATION. The document used in informal, uncompetitive solicitation of information, data, comments or reactions from possible suppliers preceding the issuance of a request for proposal, a request for qualifications or an invitation for bid.
   REQUEST FOR PROPOSALS. The solicitation document used in the competitive sealed proposals process. The procedure allows changes to be made to the responses after other proposals are opened and contemplates that the scope of services of the proposals and/or prices offered will be negotiated prior to award.
   REQUEST FOR QUALIFICATION. The solicitation document generally used to seek information required for the pre-qualification of a bidder or offeror and used in the solicitation of an architect or engineer.
   SECTION 3.  Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701u).
   SECTION 3 POLICY.  City of Waterbury Section 3 Policy as approved by the Board of Aldermen and as may be amended from time to time.
   SERVICES or CONTRACTUAL 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, including the furnishing of such labor, time or effort through a vendor providing workers to the city. This term shall include the design, development and implementation of technology, communications or telecommunications systems or the infrastructure pertaining thereto, including hardware and software. Moreover, this term shall include services for which a contractor is conferred a benefit by the city, whether or not compensated by the city. This term shall not include employment agreements, collective bargaining agreements or professional services, as defined herein.
   SHALL. Imperative.
      (1)   Any description of the physical or functional characteristics, or of the nature of a commodity, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a commodity, service or construction item for delivery.
      (2)   The specifications are to be attached to or, otherwise, made a part of the solicitation.
   SUPPLIES. Items that are consumed or expended in the course of being used, as distinguished from equipment or materials or items that are the property of the city, including, but not limited to, insurance and printing materials.
   SURPLUS SUPPLIES. Any supplies other than expendable supplies that no longer have any use to the city. This includes obsolete supplies, scrap metals and non-expendable supplies that have completed their useful life cycle.
   TAXES. When that term is used herein with regard to "delinquent" or "back" taxes, shall include any amounts owed to the city, or to any of its agencies or subordinate or related entities, for any and all service fees or charges and any and all assessments and any and all fines or penalties as may have been assessed by the city or the agencies or subordinate or related entities including, but not limited to, water and sewer use charges, fines due pursuant to parking tickets issued.
   TRANSFER OF APPROPRIATION. An authorization, made pursuant to the Charter and ordinances, to shift apart or all of the sum budgeted for one appropriation to another General Fund appropriation.
   VENDOR. With respect to any transaction, agreement, contract or other arrangement for which the solicitation or consummation thereof is otherwise governed by the provisions of this Chapter 38, any person or entity which or who, in relation to the transaction, agreement, contract or other arrangement, is providing, or proposing to provide, any goods, services, interest in property of any kind or other thing of value to the city, or any person receiving, or proposing to receive, any service, interest in property of any kind or other thing of value from the, city and any other person or entity otherwise entering into, in any capacity, any such transaction with the city.
   WRITTEN or IN WRITING. The product of any method of forming characters on paper, other materials or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.
   YEAR. The calendar year. Where the FISCAL YEAR is so intended, it shall be specifically referenced. The FISCAL YEAR of the city commences on July 1 and ends on June 30, or as otherwise mandated by the state.
(Ord. passed 6-20-2005; Ord. passed 2-21-2012; Ord. passed 5-6-2013)