§ 82-5. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative rules, (formally, "Administrative Rules Governing City of Arvada Purchasing and Contracts") for purposes of this chapter, means administrative rules or regulations governing procedures for procurement of and contracting for goods and services under this chapter.

Best value procurement means the application of methods, including but not limited to, total cost of ownership and performance based contracting to determine best value by weighing and balancing multiple factors, and requires the comparison of the benefits offered against life cycles, including the resources necessary to conduct the procurement, purchase price, fiscal tracking and processing costs, reliability, vendor responsiveness, risk, product/service quality, storage, maintenance, operational costs, integration, training, and disposal.

Bid means an offer of a price for goods, services, or equipment.

Change order means a written order signed and issued by the city, directing the contractor or vendor to make modifications authorized by the contract or negotiated with the contractor or vendor.

Confidential information means any information which is available to an employee only because of the employee's status as an employee of the city and is not a matter of public knowledge or available to the public on request.

Construction means the process of building, improving, replacing or demolishing any structure or building, or other improvements of any kind to any real property. It does not include the routine operation and repair, or preventative maintenance of existing structures, buildings, or real property.

Construction bid means a bid process for the solicitation of capital improvement projects using a template approved by the city attorney's office.

Contract means all types of city agreements, regardless of what they may be called (e.g., agreements, addenda, amendments, purchase orders, etc.), for the procurement or disposal of goods, services, or construction. It does not include field orders.

Documented quote means the manner of fiscal control where three valid quotes are documented and attached to a purchase order for the purchasing program's review and storage. Documents quotes must be obtained using the city's highest ethical standards, barring collusion or other unlawful practices.

Electronic communication means interactive communications that are transmitted electronically and capable of being produced in a written format. Electronic communication does not include instant messaging, text messaging, or phone messages.

Electronic signature means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

Emergency contract means a contract necessitated by virtue of a threat to public health, welfare safety, or other good cause as determined by the city manager or employee delegated the authority by the city manager.

Employee, for purposes of this chapter, means an individual drawing a salary, wages, or other monetary compensation from the city, whether elected or not; any uncompensated individual performing personal services for the city or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the city; or any uncompensated individual serving as an elected official of the city.

Financial interest means:

(1)

Any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than $500.00 per year, or its equivalent;

(2)

Ownership of five percent or more of any property or business; or

(3)

Holding a position in a business such as officer, director, trustee, partner, employee, or the like, or holding any position of management.

Fiscal controls means maintaining fiscal management practices to ensure that expenditures are authorized by and in accordance with amounts specified in the adopted budget, to reassure city council and citizens of responsible procurement and spending strategies and ensure all transactions are documented in an appropriate manner and in accordance with Colorado law.

Formal bid means a bid which has been submitted in a sealed envelope to prevent dissemination of its contents before the scheduled opening.

Formal proposal means an offer in a sealed envelope from a prospective provider where the city specifies the goals to be met and requests that the vendor apply its expertise in reaching these stated goals in the most effective method.

Goods means anything that has economic and physical utility, excluding real property.

Gratuity means any payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

Immediate family, for purposes of this chapter, means an employee's spouse, child, parent, sibling, grandparent, grandchild (including natural, step, adopted, foster, or in-law relationships); and also includes any other relative, or person who the employee identifies as his/her significant other or domestic partner whose primary residence or place of primary abode is the same as the employee.

Insurance means adequate insurance coverage that meets all city requirements, as promulgated by the risk manager.

No cost purchase means the acquisition of a good or service following an unsolicited offer, or an offer that did not arise from a documented solicitation process, from a provider that proposes the particular acquisition of goods or services for "free" or at "no charge." Such offers usually contain additional terms and conditions that can stipulate future obligations for the city, financial or otherwise, that may not comply with this chapter, or any associated administrative rules.

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

Procurement means the purchasing, renting, leasing, or otherwise acquiring of any goods, 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.

Professional services means the furnishing of labor, time, or effort by a contractor with specialized knowledge, which may include intensive preparation or education and the furnishing of a report or written or oral advice and information.

Public cooperative agreement means a valid and current purchasing agreement negotiated by another public entity for use by all public agencies participating therein.

Public entity means the United States federal government, any state in the United States and any county, city, city and county, town or district, including any political subdivision thereof, or any instrumentality of a political subdivision thereof, or any association, whether incorporated or not, of the state, cities, city and county, towns or districts.

Purchase order means a form of contractual document, preprinted with terms pre-written or written on the document, which is used as a tool for a city department or division, receiving area or vendor. It may include a standard set of terms used by the city or vendor.

Real property means land and whatever is growing upon, erected upon, or affixed to land including water, mineral, and subsurface rights and excluding personal property.

Responsible bidder or offeror means a person or entity who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, insurance and credit which will assure good faith performance.

Responsive bidder means a person or entity who has submitted a bid or offer which conforms in all material respects to the requirements set forth in the solicitation.

Services means the furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports or items which are merely incidental to the required performance.

Solicitation or competitive solicitation means city invitations or requests for bids, requests for proposals, requests for qualifications, requests for quotation, and other accepted methods to solicit information and costs for procurement of goods, services or construction for the city and includes all documents, whether attached or incorporated by reference, utilized for the solicitation.

Specification means any description of the physical or functional characteristics or of the nature of a good, 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.

Successful solicitation means the lowest responsive, responsible, and qualified bidder as determined by the city. Factors to be included may include the quality, availability, delivery of the product, qualifications of the contractor, vendor or consultant, and any special requirements relevant to the solicitation as determined by the city.

( Ord. No. 4625, § 1, 3-5-2018 )