§ 2-503. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Brand name means a specification limited to one or more items by manufacturers' names or catalog numbers.

Change order means any written modification to an existing contract authorizing changes within the scope of work, additions or deletions to the work or an adjustment to any other provision of the contract.

Confidential information means any information which is available to an employee only because of the employee's status as an employee of the city and which is not a matter of public knowledge or available to the public on request as provided by law.

Construction means the process of building, improving, altering or demolishing improvements. Construction shall not include the operation, repair or maintenance of improvements.

Contract means any agreement enforceable by law between the city and one or more outside parties, regardless of form or title, for the procurement of materials, services or construction.

Cost data means factual information concerning the cost of labor, material, overhead and other cost elements, which are expected to be incurred, or which have been actually incurred by the contractor in performing the contract.

Improvements means any structure, building, street, utility or other valuable addition to real property amounting to more than mere repairs or partial replacement and intended to enhance its value or utility or to adapt it for new or further purposes.

Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

Legal services means the advice, representation, document preparation or related services of an attorney as special counsel to the city.

Maintenance means acts of repair, replacement or other acts necessary to keep any improvements or personal property in proper condition and good working order, to prevent decline in, failure or cessation of the existing condition of the improvement or personal property or to restore any improvement to its original condition after partial failure or destruction. This term shall not include improvements.

Materials means all personal property including, but not limited to, supplies, equipment, parts, and printing; excluding, however, leases of a permanent interest in real property, securities and financial paper and water and water rights.

Price data means factual information concerning prices for items substantially similar to those being procured. Prices as used in this definition shall refer to offered or proposed selling prices, historical selling prices and current selling prices.

Procurement means the purchasing, renting, leasing or other acquisition of any materials, services, professional services or construction. It shall also include all functions that pertain to obtaining any material, service or construction, including the description of requirements, the selection and solicitation of sources and the preparation and award of a contract. Procurement shall not include the buying, purchasing, renting or leasing of real property.

Professional services means the furnishing of labor, time, effort or expertise by a contractor with specialized knowledge in a field including, but not limited to, architecture, engineering, medicine, finance, accounting, insurance, employee benefits, appraisal and land surveying.

Public notice (unless otherwise required by law) means any publication reasonably calculated to inform responsible bidders or offerors. Public notice shall occur for a reasonable time and may be disseminated through any means of mass communication including, but not limited to, newspapers, other written publications, posting, television, radio, other broadcasting media and electronic billboards.

Purchasing agent means the city manager or the manager's authorized designees.

Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

Responsible bidder or offeror means a person who meets the criteria specified in section 2-511 and who has the capability in all respects to fully perform the contract requirements and the experience, integrity, reliability, capacity, facilities, equipment, insurance and credit which will ensure good-faith performance.

Responsive bidder or offeror means a person whose bid or offer conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.

Services means the performance of maintenance or the furnishing of labor, time or effort which does not involve the delivery of a specific end product other than a report or other item which is merely incidental to the performance of the service. Services shall not include services rendered under an employment agreement nor shall it include professional services as that term is defined in this section.

Specification means any description of the physical or functional characteristics of or the nature of the material, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a material, service or construction item for delivery or a procedure for determining whether the requirements are satisfied.

Using agency means any service area, department, board or commission of the city requiring supplies, professional services, services or construction procured pursuant to this article.

(Code 1985, § 3-2-1; Ord. No. 04-10, § 1(3-2-5), 8-17-2004)