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Article I. General Provisions
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As used in this chapter, the following words, terms and phrases shall have the meanings set out in this chapter, except where the context clearly indicates a different meaning:

A. “Business” means any corporation, partnership, individual, sole proprietorship, joint venture, or any other private legal entity.

B. “Construction” means the on-site erection, rehabilitation, alteration, extension or repair of improvements to real property, including painting or redecorating buildings, highways, or other improvements under contract for the city, but does not include routine operation, repair, or maintenance of existing buildings or improvements which are recurring services normally performed in connection with the ownership, occupancy or use of the building or improvement.

C. “Contract” means all types of city agreements, regardless of what they may be called, for the procurement of supplies, services or construction but does not include collective bargaining agreements or subdivision agreements.

D. “Contract amendment” means any change in the term of a contract accomplished by agreement of the parties, including change orders.

E. “Contractor” means any person having a contract with the city or a using agency thereof.

F. “Financial interest” includes the receipt of a pecuniary benefit or the expectation of a pecuniary benefit:

1. A financial interest of a person includes a financial interest of any member of the person’s household.

2. A person has a financial interest in an organization if the person:

a. Has an ownership interest in the organization; or

b. Is a director, officer or employee of the organization.

3. Whether a financial interest is substantial is determined on a case-by-case basis.

G. “Immediate family” means:

1. The spouse of the person;

2. Another person cohabiting with the person in a conjugal relationship that is not a legal marriage;

3. A child, including a stepchild and an adoptive child, of the person;

4. A parent, sibling, grandparent, aunt or uncle of the person; and

5. A parent or sibling of the person’s spouse.

H. “Invitation for bids” means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids or proposals.

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

J. “Procurement” means the buying, purchasing, renting, leasing, or otherwise acquiring of 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, professional services, preparation and award of contract, and all phases of contract administration.

K. “Professional service” means those advisory, consulting, technical, research or other services, such as architectural, engineering, land surveying, legal and financial, which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise or training gained by formal studies or experience.

L. “Qualified products list” means an approved list of supplies, services, or construction items described by model or catalogue numbers which, prior to competitive solicitation, the city has determined will meet the applicable specification requirements.

M. “Responsive bidder” means a person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids.

N. “Services” means 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 shall not include employment agreements, collective bargaining agreements or agreements relating to the procurement of insurance coverage through an insurance broker.

O. “Specification” means any description of the physical or functional characteristics or of the nature of a supply, service, professional 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.

P. “Subcontract” means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of employer and an employee) for the purchase, sale or use of personal property or nonpersonal services which, in whole or in part, is necessary to the performance of any one or more contracts; or under which any portion of the contractor’s obligation under any one (1) or more contracts is performed, undertaken, or assumed.

Q. “Supplies” means all property, including but not limited to equipment, materials, printing, and leases of real property, excluding land or a permanent interest in land. [Ord. 14-27 § 4.]