Section 3-3-1 Definitions
The terms set forth below are defined as:
“Bid or proposal documents” means the documents, including their attachments and addenda, which set forth instructions to bidders or proposers, and are disseminated for the purpose of soliciting bids or proposals.
“Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.
“Construction” means the process of building, altering, demolishing or relocating any public structure or building, or other public improvements of any kind to any public real property. Construction does not include routine operation, repairs, or maintenance of existing structures, buildings or real property.
“Contract” means all types of Town written agreements, regardless of what they may be called, for the procurement of goods and services or construction or the disposal of goods.
“Contractor” means the person who has entered into an agreement with the Town to provide services.
“Financial interest” includes any of the following:
1. Ownership of any interest or involvement in any relationship from which, or as a result of which, a person has received compensation within the past year, or is entitled to or is currently receiving compensation;
2. Ownership, whether wholly or in part, of any property or business; or
3. Status as an officer, director, trustee, partner, employee, or manager of a business.
“Goods” means any material, supplies, equipment, printing, insurance, and leases of property and equipment.
“Gratuity” means a gift, payment, loan, advance, deposit of money, or service, presented or promised in return for or in anticipation of favorable consideration in the procurement process. “Gratuity” does not include the compensation paid by or due from the Town or from a temporary service agency under contract with the Town to an employee in connection with the employee’s services for the Town.
“Person” means any individual, partnership, limited partnership, association, corporation, labor union, committee, club, or governmental entity.
“Procurement” means the purchasing, renting, leasing, or otherwise obtaining of any supply or service. The term includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitations or sources, preparation and award of a contract, and all phases of contract administration.
“Professional or specialized services” means services which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Such services include, but are not limited to, the services of lawyers, certified public accountants, auditors, consultants, appraisers, engineers, architects, landscape architects, assayers, geologists, land surveyors and similar occupations involving specialized knowledge, labor or skill predominantly involving mental or intellectual rather than physical or manual skills. Questions regarding whether a service is a professional service shall be referred to the Purchasing Officer.
“Responsible bidder” means a bidder as determined by the department head, Purchasing Agent, Town Manager, Council, or professional services:
1. To have the ability, capacity, experience and skill to provide the goods and/or services in accordance with bid specifications;
2. To have the ability to provide the goods and/or services promptly, or within the time specified, without delay;
3. To have equipment, facilities and resources of such capacity and location to enable the bidder to provide the goods and/or services;
4. To be able to provide future maintenance, repair, parts and service for the use of the goods purchased, when applicable;
5. To have a record of satisfactory or better performance under prior contracts with the city or other purchasers where such bidder has previously been awarded such contracts;
6. To have complied with laws, regulations, guidelines and orders governing prior or existing contracts performed by the bidder.
“Responsive bidder” means a bidder determined by the department head, Purchasing Agent, Town Manager, Council or professional services to have submitted a bid or proposal that conforms in all material respects to the requirements of the bid or proposal documents.
“Services” means the furnishing of labor, time or effort by a contractor which does not involve the delivery of a specific end product other than required reports and performance.
“Sole source” means contracts for which the department head, Purchasing Agent, Town Manager, or Council has determined, after conducting a good faith review of available services, products and sources, that the Town’s requirements can be met solely from a single sole source supplier of a supply or service, patented, copyrighted or proprietary article or service available from a single source. Examples of acceptable sole source purchases are equipment for which there is no comparable competitive product, a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer, or an item where compatibility with items in use by the Town is the overriding consideration.
“Specifications” means a description of the physical or functional characteristics of the supplies or goods, or of the nature of the services. The term may include a description or any requirement for inspection, testing, or preparing a supply or service for delivery.
“Town employee” means an individual who performs services for the Town in the capacity of an elected or appointed official, or as a compensated employee of the Town or of a temporary services agency retained by the Town.
“Town Manager” means the person appointed by the Town Council to be the chief administrative officer for the Town, or his/her designee.
“Transaction” means the process of ordering goods or services through traditional purchasing methods, e.g., issuance of a purchase order.
“Vendor” means a supplier of goods or services. [Ordinance #350, 2013; Resolution #1425, 2013; prior code § 3-4-1.]