[Ord. #09-04, § 1; Ord. #2018-09]
As used in this chapter, the following terms are defined as
follows:
AGENCY
Shall mean and include the State of California, counties,
districts, public authorities, joint power agencies, public nonprofit
corporations, and any other public or quasi-public entity that the
City Council may designate by resolution.
ANNOUNCEMENT
Shall mean the declaration of the intent to award a contract
or a public works contract, by any means of transmission; including
U.S. mailing, automated phone message or Internet posting. The effective
date of an announcement by mail is the date that the announcement
is deposited in the U.S. mail.
AWARD
Shall mean the acceptance of a bid or proposal by the City's
authorized representative.
AWARD DATE OR DATE OF AWARD
Shall mean the date that the City Administrator or his designee
signs the documents constituting a public works contract, contract,
or consultant agreement, and all conditions precedent to award have
been satisfied.
BIDDER
Shall mean a person who submitted a bid, proposal or other
document seeking award of a contract, public works contract or consultant
agreement.
BRAND NAME
Shall mean and refer to a specific product in specifications
for goods, services, or public works.
CITY'S PUBLIC CONTRACTS CODE
Shall mean and include the City's Charter, Municipal Code,
Council policies, administrative regulations, past practices, current
practices, or any portion of those laws, policies, regulations, or
practices, pertaining to contracts or agreements between the City
and other party.
CONSULTANT
Shall mean and include providers of expert or professional
services and excludes providers of services.
CONTRACT
Shall mean and include a contract for goods, a contract for
services, or a cooperative procurement contract unless otherwise stated.
CONTRACT FOR GOODS
Shall mean an agreement between the City and another party
in which the City is the purchaser of articles, commodities, materials,
supplies, equipment, or insurance.
CONTRACT FOR INMATE SERVICES
Shall mean an agreement between the City and an agency for
the use of inmates confined in State prisons, or probationers, or
parolees to perform services.
CONTRACT FOR SERVICES
Shall mean an agreement between the City and another party
in which the City is the purchaser of services, excluding consultant
services. It includes maintenance contracts.
COOPERATIVE PROCUREMENT CONTRACT
Shall mean a contract entered into by the Purchasing Agent
and another agency to obtain goods or services or an agency contract
utilizing a bidding process that complies with City requirements.
EMERGENCY
Shall mean an event of great public calamity, such as extraordinary
fire, flood, storm, epidemic or other disaster.
EVALUATION TEAM
Shall mean the City team (consisting of one (1) or more members)
assembled to review and evaluate bids and proposals.
GENERAL REQUIREMENTS CONTRACT
Shall mean a public works contract which contains a unit
price book of detailed specifications and unit prices for typical
tasks. Specific construction projects are not contemplated or authorized
at the time of award. Work is authorized as required by a separate
task order.
GOODS
Shall mean any articles, commodities, materials, supplies,
equipment, or insurance.
MAINTENANCE CONTRACTS
Shall mean an agreement between the City or a nonprofit corporation
and another party for maintenance of a district.
PERSON
Shall mean any natural person, firm, joint venture, joint
stock company, partnership association, club, company, corporation,
business trust, organization, or the manager, lessee agent, servant,
officer or employee of any of them or any other entity which is recognized
by law as the subject of rights or duties.
PROTEST BODY
Shall mean a panel appointed by the City Administrator as
needed to review evidence presented by all interested parties to determine
whether the evaluation team's contract selection is in accordance
with all applicable laws and guidelines.
PUBLIC MEETING
Shall mean an assemblage of interested persons gathered in
response to a notice specifying the time and place where bids will
be opened.
PUBLIC WORKS CONTRACT
Means a contract for performing work on a "public project" as defined in Section
4.03 of the City Charter.
RESPONSIBLE
Shall mean a bidder's quality, fitness, and capacity to perform
the particular requirements of the proposed work.
RESPONSIVENESS
Shall mean a bidder's compliance with the bidding instructions.
SERVICES
Shall mean all work provided by persons other than consultants.
It includes maintenance contracts. It excludes public works and goods.
SOLE SOURCE
Shall mean the recipient of the award of a public works contract,
consultant agreement, or contract without competitive selection or
bidding.
SOLE SOURCE CONTRACT
Shall mean a public works contract, consultant agreement,
or contract awarded without competitive selection or bidding.
TASK ORDER
Shall mean an authorization for construction, reconstruction,
repair and maintenance work under a general requirements contract.
VALUED AT
Shall mean the amount authorized to be expended for performance
of a public works contract at the same time of bid opening.