As used throughout this article, the words and terms
defined in this section shall have the meanings set forth below, unless
the context in which they are used clearly requires a different meaning,
or unless a different definition is prescribed for a particular section
or portion thereof:
ARCHITECT-ENGINEER SERVICES
Those professional services associated with research, development,
design and construction, alteration or repair of real property, as
well as incidental services that members of these professions and
those in their employ may logically or justifiably perform, including
studies, investigations, surveys, evaluations, consultations, planning,
programming, conceptual designs, plans and specifications, cost estimates,
inspections, shop drawing reviews, sample recommendations, preparation
of operation and maintenance manuals, and other related services.
BUSINESS
Any corporation, partnership, individual, sole proprietorship,
joint-stock company, joint venture, or any legal entity through which
business is conducted.
COMMERCIAL ITEM
Any item, including both supplies and services, of a class
or kind which is regularly used for other than Town or other governmental
purposes, and is sold or traded in the course of conducting normal
business operations.
CONSTRUCTION
The erection, alteration, or repair (including, but not limited
to, dredging, excavating and painting) of public buildings, structures
or other improvements to real property.
CONSULTANT SERVICES
Those professional services other than architect engineer
services which provide research, development, financial or legal advice
to governmental bodies in the form of studies, investigations, evaluations,
audits, consultations, plans, programs, and recommendations which
generally pertain to other than the design, construction or alteration
of real property.
CONTRACT
All types of agreements and orders for the procurement or
disposal of supplies, services, construction, or any other item. It
includes awards and notices of award; contracts of a fixed-price,
cost, cost-plus-a-fixed-fee, or incentive types; contracts providing
for the issuance of job orders, task orders or task letters thereunder;
letter contracts; and purchase orders. It also includes supplemental
agreements with respect to any of the foregoing.
CONTRACT MODIFICATION
Any written alteration in the specification, delivery point,
rate of delivery, contract period, price, quantity, or other contract
provisions of any existing contract, whether accomplished by unilateral
action in accordance with a contract provision or by mutual action
of the parties to the contract. It includes bilateral actions such
as supplemental agreements, and unilateral actions such as change
orders, orders for provisional items, administrative changes, notices
of termination, and notices of the exercise of a contract option.
CONTRACTOR
Any person having a contract with the Town.
DATA
Recorded information, regardless of form or characteristic.
DESIGNEE
As used for example in the phrase "the Town Council or its
designee" may include one or more officials.
EMPLOYEE
Includes any individual drawing a salary from any governmental
body of the Town, whether elected or not and any nonsalaried person
performing services for any governmental body of the Town.
ESTABLISHED CATALOGUE PRICE
A price included in a catalogue, price list, schedule, or
other form that is regularly maintained by the manufacturer or vendor
of an item and is either published or otherwise available for inspection
by customers, stating prices at which sales are currently, or were
last, made to a significant number of buyers constituting the general
public.
EXHIBIT
A document attached to a procurement instrument, referenced
by its capital letter identifier in a line or subline item in the
procurement instrument schedule, which establishes deliverable requirements
in the attached document as an alternative to establishing an extensive
list of line or subline items in the procurement instrument schedule.
GOVERNMENTAL BODY
Any department, commission, council, board, bureau, committee,
institution, legislative body, agency, government corporation, authority,
activity, or other establishment of the Town government.
INCLUDES
Includes but is not limited to.
INVITATION FOR BIDS
A document to be furnished to prospective bidders for the
purpose of bidding, and all documents related thereto describing the
requirements of the governmental body.
NEGOTIATE and NEGOTIATION
When applied to the making of purchases and contracts, refers
to making purchases and contracts without competitive sealed bidding,
and may refer to both competitive and noncompetitive negotiation.
OPERATIONS OFFICER
Any person who, either by virtue of his/her position or by
appointment in accordance with this article, is currently an Operations
Officer with the authority to enter into and administer contracts
and make determinations and findings with respect thereto, or with
any part of such authority. The term also includes the authorized
representative of the Operations Officer acting within the limits
of this authority.
[Amended 2-13-2006 by Ord. No. 1563]
PROCUREMENT
Includes purchasing, renting, leasing, or otherwise obtaining
supplies or services, construction, or any other item. It also includes
all functions that pertain to the obtaining of such supplies, services,
construction and items, including description (but not determination)
of requirements, selection and solicitation of sources, preparation
and award of contract, and all phases of contract administration.
PURCHASE REQUEST
That document whereby a requiring activity (governmental
body) requests that a contract be obtained for a described item, and
may include, but is not limited to, the technical description of the
requested item, delivery schedule, transportation, criteria for evaluation
of solicitations, suggested sources of supply, and inputs to any required
determination and finding made pursuant to any section of this article.
[Amended 9-21-2015 by Ch. No. 1845]
PURCHASING AGENT
Any person who, either by virtue of his/her position or by
appointment in accordance with this article, is currently a Purchasing
Agent with the authority to enter into and administer contracts approved
by the Town Manager or designee and make determinations and findings
with respect thereto, or with any part of such authority. The term
also includes the authorized representative of the Purchasing Agent
acting within the limits of this authority.
[Added 9-21-2015 by Ch.
No. 1845]
SUPPLIES
All property, except land or interest in land.