The words defined in this Section shall have the meanings set forth below whenever they appear in this Article, unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular article or provision:

Brand name means a specification limited to one (1) or more items by manufacturer’s name or catalog number.

Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.

Change order means a written order signed by a department head, modifying an existing contract to authorize, within the scope of work, additions or deletions to the work or an adjustment to any other provision of the contract.

Construction means the process of building, altering, repairing, improving or demolishing any public structure or building, or other public improvements of any kind, to any public real property. It does not include the routine operations, routine repair or routine maintenance of existing structures, buildings or real property.

Contract means any agreement enforceable by law between the Town and one (1) or more outside parties, regardless of form or title, for procurement of supplies, services or construction.

Contract modification means 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. Before a contract is executed, modifications are typically processed as an addendum to the invitation for bids or request for proposals; after the contract is executed, modifications are processed as change orders.

Contractor means any person having a contract with the Town.

Cost reimbursement contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and provisions of this Article, and a fee if any.

Data means recorded information, regardless of form or characteristic.

Department head means the person in charge of each major administrative division of the Town who has overall management responsibility for an operation or group of related operations within a functional area, as determined by the Town Manager. Any authority for procuring supplies, services or construction granted to department heads pursuant to this Article are intended to be granted similarly to Assistant Town Managers and project managers.

Designee means a duly authorized representative of a person holding a superior position.

Employee means an individual drawing a salary from the Town.

Grant means the furnishing by the Town of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services or construction; a contract resulting from such an award is not a grant but a procurement contract.

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 provided to the Town upon the request of the Town Attorney.

Litigation services means professional or other services procured by the Town Attorney for the purpose of evaluating, preparing, providing or presenting evidence at the trial of any lawsuit to which the Town is a party. Litigation services shall not include legal services.

May denotes the permissive.

Person means any business, individual, union, committee, club or other organization or group of individuals.

Procurement means buying, purchasing, renting, leasing or otherwise acquiring 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. Procurement shall not include the buying, purchasing, renting or leasing of real property.

Procurement officer means the Finance Director.

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, appraisal and land surveying.

Public notice 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.

Purchase description means the word used in a solicitation to describe the supplies, services or construction to be purchased, and includes specifications attached to or made part of the solicitation.

Regulation means a governmental statement, having general or particular applicability and future effect, designed to implement, interpret or prescribe law or policy, or describing organization, procedure or practice requirements.

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

Responsible bidder or offeror means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability that will assure good faith performance.

Responsive bidder means a person who has submitted a bid which conforms in all material respects to the invitation for bids or requests for proposals.

Services means the performance of maintenance or the furnishing of labor, time or effort that 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.

Shall denotes the imperative.

Small purchase means any procurement not exceeding fifty thousand dollars ($50,000.00).

Specification means any description of the physical or functional characteristics of or the nature of the 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 or a procedure for determining whether the requirements are satisfied.

Supplies means all property, including but not limited to equipment, materials, printing, insurance and leases of real property, excluding land or permanent interest in land.

Surplus supplies means any supplies no longer having any use to the Town. This includes obsolete supplies, scrap materials and nonexpendable supplies that no longer have a useful life or purpose.

Sustainable procurement means integrating sustainability considerations into supplies, services and construction selections so that impacts on society and the environment are minimized. (Prior code 17.01.050; Ord. 1264 §1, 2007; Ord. 1288 §1, 2008)