3-1-2: DEFINITIONS:

Definitions, as stated herein, shall apply exclusively to this chapter and are not intended to apply or conflict with like or similar definitions that may be stated in other city ordinances.

ADDENDUM OR AMENDMENT:	A written modification or revision to any document used in the competitive solicitation process or contract document.
AGENCY CONTRACT:	A contract between the city and another governmental agency to buy goods or services.
APPEAL:	A document or set of documents that are filed in compliance with 3-1-17(B)(2).
APPELLANT:	A person having standing who files an appeal to an administrative law judge for review and a determination whether the purchasing manager's decision on a protest should be upheld.
APPROVED VENDOR LIST (AVL):	A list of vendors that were individually evaluated by city staff and deemed qualified to perform certain services for the city in later competitive solicitations based on information submitted by the vendor in a response to the city's request for a statement of qualifications.
BEST AND FINAL OFFER (BAFO):	An offeror's revised terms of its proposal after initial reviews, scoring, interviews, and discussions have concluded with all offerors who have progressed through the advancement criteria as stated in an RFP.
BID:	A sealed document or set of sealed documents representing the bidder's offer to sell goods or services at a specified price, terms, and specifications set forth in the invitation for bids.
BUILDING IMPROVEMENT:	The construction or repair of a public building or structure.
COMPETITIVE SOLICITATION:	Competitive solicitation may be either informal or formal as set forth below:
	A.    Informal Competitive Solicitation Process: An informal process in which potential bidders, offerors, and contractors are invited to submit quotes or surveys by telephone, email, online procurement service, direct vendor delivery or another written price comparison.
	B.    Formal Competitive Solicitation Process: A formal process in which potential bidders, offerors, and contractors are invited to submit bids and proposals through an online procurement service.
CONFLICT OF INTEREST:	Any action that is taken by an elected official or employee of the city that that may cause direct or financial benefit or detriment to themselves, their immediate family, or an entity that they own or hold an interest in, if that benefit or detriment is distinguishable from the effects of that action on the public or on the elected official or employee's profession, occupation, or association generally.
CONSTRUCTION:	The process of building, altering, repairing, improving, or demolishing any city structure or building, or other improvements to any city real property. It does not include routine repair, or maintenance of existing structures, buildings, or real property.
CONTRACT:	A legally enforceable agreement between two or more competent parties for the procurement of goods or services.
CONTRACTOR:	Any person that legally buys and/or sells goods or services to the city or desires to do so through the competitive solicitation processes.
CONSUMER PRICE INDEX:	The "Consumer Price Index for All Urban Consumers, Not Seasonally Adjusted" as published by the Bureau of Labor Statistics of the United States Department of Labor.
DESIGNEE:	Person who has been delegated purchasing authority to perform functions that would regularly be held by another person.
DISBURSEMENT:	The payment of the following liabilities, goods, and services: 1) newspaper advertising, 2) insurance premiums, 3) legal fees, 4) credit card payments, 5) land and building purchases or rentals, 6) registration for meetings or training sessions, including pre-paid hotel costs, 7) subscriptions, memberships, professional registrations, and publications, 8) utility payments, 9) petty cash reimbursements, 10) employee reimbursements including eyewear, health insurance, and educational, 11) postal charges/fees, 12) parking fees, 13) worker compensation fees, 14) credit reporting fees, 15) bond releases, 16) witness fees, 17) phone bills, 18) radio service (UCAN), 19) refunds of city fees or charges, 20) title searches / rights-of-ways, 21) animal control adoption, spay, and neuter program, 22) seized assets (police), 23) found property (police), 24) K9 veterinary services, and 25) revenue generating contracts.
EMERGENCY CONDITION:	An event or action that creates an immediate and serious need for goods and services that cannot adequately be addressed using customary procurement methods. Such a need may arise, as examples, by reason of a natural disaster, epidemic, riot, equipment failure or other reason.
EMERGENCY PROCUREMENT:	The procurement of goods and services that cannot be reasonably purchased through normal procurement methods due to an existing or imminent emergency condition, public threat, or unforeseen circumstances without compromising city property or without delaying any work that may affect the life, health, safety, or welfare of the public.
FORMAL COMPETITIVE SOLICITATION THRESHOLD:	The estimated dollar amount of a good or service that would require the use of formal methods of competitive solicitation as set forth in this title.
GOODS:	Tangible items that are sold for use, including but not limited to, all materials necessary for construction.
GOVERNMENT AGENCY COOPERATIVE CONTRACT:	An agreement between a vendor and another government agency that allows other government agencies to procure goods and services from the vendor upon the same price and terms as was in the initial agreement.
INFORMAL SURVEY:	A procurement process where a department may informally survey one or more vendors regarding their services and pricing on specific matters to determine the most appropriate vendor in a given circumstance. Such matters might include vendor experience, unique qualifications, processes, business theories, technologies, best practice concepts and standards or other specialized criteria.
INVITATION FOR BIDS (IFB):	A document, and all attachments thereto, that is used for seeking bids on purchases usually estimated to be greater in total value than twenty-five thousand dollars ($25,000) over the term of the proposed contract.
MINOR IRREGULARITY / INFORMALITY:	A variation in an official bid, offer, or contract that does not: (i) affect the price of the bid, offer, or contract, (ii) give a bidder or offeror an advantage or benefit not shared by other bidders or offerors, or (iii) adversely impact the interest of the city. Examples include but are not limited to:
	A. Failing to sign the bid, proposal, or other procurement documents requiring a signature, but only where they are accompanied by other materials clearly demonstrating an intent to be bound by the bid, proposal, or other procurement documents;
	B. Failing to acknowledge receipt of an addendum, but only if the materials clearly demonstrate the bidder or offeror received the addendum and intended to be bound by the addendum, or the addendum has a negligible effect on the bid, proposal or other offer or submission that would not result in a change in the originally submitted price; and
	C. Minor mistakes if the intent of the bid, proposal or other offer or submission is clearly evident on the face of the document. Some examples of minor mistakes include typographical errors, errors in extending unit price, transposition errors, and arithmetical errors.
MULTIPLE STAGE PROCUREMENT:	A procurement process used in an IFB or RFP to advance qualified bidders through a series of criteria and stages before a bidder is allowed to submit a cost element for a bid or proposal. Some examples of criteria and qualifications that may be used, include but are not limited to the following: Experience, education, licensing, work examples, concepts, demonstrations, quality of work and/or goods, licensing, certifications, and years in business.
ONLINE PROCUREMENT SERVICE:	A website or group of websites designed to assist in posting IFBs, RFPs, RFQs, SOQs, and other procurement solicitations and receiving responses to such solicitations by vendors.
PERSON:	An individual, corporation, company, business, organization, association, or governmental entity, and their respective employees and agents.
PROFESSIONAL SERVICES:	The furnishing of labor, time, or effort by a professional that possesses an elevated degree of specialized knowledge and discretion that may be exemplified by formal education, certification, advanced training, or other qualification, as required by a trade industry, a licensing organization, or the inherent characteristics of the work or services desired. Professional services may include the labor, time, and effort within the following disciplines (this is not an exhaustive list of disciplines or examples):
	A. Accounting
	B. Architecture
	C. Auditing
	D. Banking
	E. Consulting
	F. Construction design and management
	G. Engineering
	H. Environmental
	I. Financial
	J. Information technology
	K. Artistic endeavors
	L. Law
	M. Medicine
	N. Psychiatry
	O. Underwriting
	P. Veterinary
PROTEST:	A document or set of documents filed in compliance with the requirements of section 3-1-17(A).
PROTESTOR:	A person who has standing and has filed a protest in connection with the city's procurement of goods or services. A protestor shall not mean an appellant, as otherwise defined herein.
PUBLIC THREAT:	A circumstance that appears likely to adversely impact the public's health, welfare, convenience, or safety. Such may arise when circumstances appear to create, as examples, a risk of environmental contamination, traffic congestion or hazards, disruption of utility or other public services provided by the city, or other matters.
PURCHASING:	The process of buying, procuring, renting, leasing, or otherwise acquiring any good or service. The term "procurement" shall be interchangeable with the term "purchasing". It also includes all functions that pertain to the purchase of good or service, including:
	A. Description of requirements
	B. Selection and solicitation of bids, proposals, qualifications, or quotes
	C. Preparation and award of contract; and
	D. All phases of contract administration
PURCHASING CARD (P-CARD):	City-issued credit card generally used for expenditures less than twenty-five thousand dollars ($25,000).
PURCHASING DIVISION:	A division within the finance department that is responsible for obtaining goods and services needed in support of the city's departments.
PURCHASING MANAGER:	An authorized agent of the city to review purchase requests, prepare bids, quotes, proposals, specifications, issue purchase orders and contracts, evaluate responses to solicitations, and award contracts.
PUBLIC AUCTION:	An online or in-person forum that provides the general public an opportunity to bid on goods or services being sold to the highest bidder.
PUBLIC WORKS PROJECT:	The construction, replacement, or repair of:
	A. A park or recreational facility;
	B. A pipeline, culvert, dam, canal, or other system for water, sewage, stormwater, or flood control;
	C. An airport or any part thereof;
	D. A street, transit facility, or transportation facility;
	E. Class C roads, including maintenance and resurfacing; or
	F. Any other city facility except a building improvement.
PURCHASE ORDER (PO):	A document drafted and issued by the purchasing manager or designee to formalize a purchasing transaction with a supplier. The PO should contain specific information regarding quantity, description, and price of the goods or services being ordered.
REQUEST FOR INFORMATION (RFI):	A document or set of documents that solicits information, comments, or suggestions from potential bidders or offerors before any competitive solicitation begins. An RFI may not result in an award of a purchase order or contract.
REQUEST FOR PROPOSALS (RFP):	A document, and all attachments thereto, that is used for seeking proposals for goods and services usually exceeding twenty-five thousand dollars ($25,000) over the term of the proposed contract or purchase order.
REQUEST FOR QUOTES (RFQ):	A verbal or written request for the cost of goods or services estimated to be in total value less than twenty-five thousand dollars ($25,000) over the term of the proposed contract or purchase order.
REQUEST FOR STATEMENT OF QUALIFICATION (SOQ):	A document or set of documents requesting the qualifications of potential offerors for a specific project or goods or services that, if approved, would allow the offerors to submit proposals or bids on specific city projects requiring the qualifications set forth in the city's request.
REQUISITION:	An internal document by which a requisitioner requests the purchasing manager or designee to initiate a purchase.
REQUISITIONER:	The person who creates a requisition which is sent to the purchasing manager or designee to initiate a purchase.
RESPONSIBLE:	A person that has the capability, as determined in the sole discretion of the city, to perform all requirements of the competitive solicitation, the final contract, and/or purchase order.
RESPONSIVE:	A person that has submitted a quote, bid, or proposal that conforms in all material respects to the competitive solicitation specifications, terms and conditions, and all other requirements of the competitive solicitation, as determined in the sole discretion of the city.
SERVICES:	Labor, effort, or work that provides a benefit to the city, including but not limited to construction work necessary to complete public works projects or building improvements.
SIGNIFICANT PARCEL OF REAL PROPERTY DEFINED:	For purposes of this chapter, a significant parcel of real property is: A. A single parcel of real property or a combination of contiguous parcels of real property, having an estimated value in excess of one-hundred thousand dollars ($100,000) as determined by using the county assessed value; B. A single parcel of real property or a combination of contiguous parcels of real property, having a size in excess of one acre as determined by using the county assessed acreage; or C. An agreement involving an interest in property less than a fee, the value of which exceeds fifty thousand dollars ($50,000).
SPECIFICATION:	Any description of the physical or functional characteristics or of the nature of the good or service being procured through the competitive solicitation process. It may include a description of any requirement for inspecting, testing or preparing an item being procured for installation and/or delivery.
STANDING:	A protesting potential or official bidder, offeror, or contractor ("Bidder, Offeror, or Contractor") will only have standing if all following conditions are present:
	A. The bidder, offeror, or contractor that has suffered an injury or harm or is about to suffer an imminent injury or harm ("Harm"), and if the cause of the harm is or would be:
	1. An infringement of the protestor's own right and not the right of another person who is not a party to the procurement;
	2. Reasonably connected to the procurement units conduct; and
	3. The sole reason the bidder, offeror, or contractor is not considered or is no longer considered for an award of a contract under the procurement that is the subject of the protest.
	B. A decision on the protest in favor of the protestor is reasonably likely to redress the harm and would give the bidder, offeror, or contractor a reasonable likelihood of being awarded a contract or not terminating the contract. A subcontractor or potential subcontractor shall not have standing to protest or appeal a protest, or act as an agent of the bidder, offeror, or contractor in the bidder, offeror, or contractor's protest or appeal.
SUPPLIER:	Person(s), business entity, or business entities who or which provide goods and services in response to any procurement solicitation. The term "supplier" shall be interchangeable with the terms "vendor," "provider," and "contractor."
SURPLUS PROPERTY:	City real and personal property set forth in section 3-1-19.
UNFORESEEN CONDITION:	A circumstance that creates a need to procure goods or services within time frames that could not be reasonably anticipated or reasonably accommodated under customary procurement methods to preclude identifiable adverse impact to the city or to the public's health, welfare, convenience, or safety. (Ord. 19-54, 12-11-2019, Effective at 12 noon on January 6, 2020)