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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLIND TRUST. An independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in or other dispositions of the property subject to the trust.
BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity.
CITY. The City of Yuma and shall include the City Council and any department, commission, council, board, bureau, committee, institution, authority, agency, government corporation, or other establishment or official of the government of this city.
CONFIDENTIAL INFORMATION. Any information which is available to an employee only because of the employee's status as an employee of this city and is not a matter of public knowledge or available to the public on request.
CONSTRUCTION. The process of building, altering, repairing, improving or demolishing any structure or building, or other improvements of any kind to any real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings or real property.
CONTRACT. Any type of city agreement, regardless of what it may be called, for the purchase or disposal of supplies, services or construction. It includes contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.
CONTRACTOR. Any person or business having a contract with the governmental body.
COOPERATIVE PURCHASING. Procurement conducted by, or on behalf of, more than one public procurement unit.
DEBARMENT. The disqualification of a person or business to receive invitations for bids or requests for proposals or the award of a contract by the city, for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance.
DESIGNEE. A duly authorized representative or of a person holding a superior position.
EMPLOYEE. An individual drawing a salary from the city, whether elected or not, and any city board or commission member.
EXCESS SUPPLIES. Supplies having a remaining useful life but which are no longer required by the using agency in possession of the supplies.
FINANCIAL INTEREST. A substantial interest as defined in A.R.S. § 38-502.
GRATUITY. A payment, loan, subscription, advance, deposit of money, service, or anything of any monetary value, present or promised, unless consideration of substantially equal or greater value is received.
IMMEDIATE FAMILY. A spouse, children, parents, brothers and sisters, and grandparents or in-laws of same degree of relation.
INVITATION FOR BIDS. All documents, including those attached or incorporated by reference, utilized for soliciting bids.
PROCUREMENT. The buying, purchasing, renting, leasing or otherwise obtaining any supplies, services or construction. It also 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.
PURCHASING AGENT. The person holding the position of materials management director or whatever title is assigned in the future to that position which constitutes the head of the central purchasing office of the city.
REQUEST FOR PROPOSALS (RFP). All documents, including those attached or incorporated by reference, utilized for soliciting proposals.
RESPONSIBLE BIDDER. A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good-faith performance.
RESPONSIVE BIDDER. A person who has submitted a bid which conforms in all material respects to the invitation for bids.
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 includes “professional services” but it does not include employment agreements or collective bargaining agreements.
SPECIFICATIONS. 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 property, including but not limited to equipment, parts, materials, printing, insurance and leases on real and personal property, excluding land or a permanent interest in land.
SURPLUS SUPPLIES. Any supplies no longer having any use to the city. This includes obsolete supplies, scrap materials, and nonexpendable supplies that have completed their useful life cycle.
SUSPENSION. The disqualification of a person to receive invitations for bids or requests for proposals or the award of a contract by the city, for a temporary period pending the completion of an investigation, or during any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent or seriously improper conduct or failure or inadequacy of performance which may lead to debarment.
USING DEPARTMENT. Any department, commission, council, board, bureau, committee, institution, authority, agency, government corporation, or other establishment or official of the government of this city, which utilizes any supplies, services or construction purchased under this chapter.
('80 Code, § 12-16) (Ord. 2018, passed 6-17-81)