§ 2.24.110. Definitions.
The following definitions shall apply to this chapter:
"Agreement" means an understanding or arrangement between two or more parties.
"Appropriation" means city council authorization to expend public funds for a specific purpose.
"As is" means that goods are offered for sale in existing condition without warranty or guaranty.
"Award" means the acceptance of a bid or proposal.
"Bid" means the executed documents submitted by a bidder in response to a notice inviting bids (NIB), proposals, or requests for quotations.
"Bidder" means a person or legal entity who submits a bid in response to a solicitation.
"Blanket purchase order" means an agreement of no more than one year between the city and a vendor allowing authorized city employees to charge repetitive purchases of supplies, equipment or services at pre-arranged prices, dollar limits and/or other terms and conditions.
"Brand name" means a trade name which serves to identify a product or particular manufacturer.
"Change order" means written modification or addition to a purchase order or contract agreement authorized by the appropriate authority.
"City" means the city of McFarland as governed by the members of the city of McFarland city council.
"City attorney" means and include the city attorney of the city of McFarland.
"City council" means and include the city council of the city of McFarland. It shall also mean the governing boards of such other districts, authorities, or agencies as may be governed by the city council of the city of McFarland.
"City administrator" means and include the city administrator of the city of McFarland.
"Competitive bid amount" means purchases in the amount of thirty-five thousand dollars.
"Contract" means a verbal or written legally binding mutual promise between two parties. e.g. an accepted purchase order.
"Contract purchase order" means a purchase order (usually issued for one year) which outlines unit prices to be charged by the vendor for the term of the purchase order. This type of purchase order is generally used for such things as electrical, plumbing and other goods and services which are anticipated to be needed periodically throughout the year. The bids are usually expressed at hourly rates plus parts expressed at a specific discount below list price.
"Contract tracking form" a form used to communicate to the purchasing officer that a contract has been awarded and that certain dollar values, representing the amount expected to be spent during the current and future fiscal years are to be encumbered. The form precedes the issuance of an encumbrance order.
"Designee" means a duly authorized and appointed representative of an employee that holds a superior position to the person appointed to represent him or her.
"Dispose of" means to transfer or part with, to sell; to get rid; to throw out.
"Discount" means an allowance or deduction from a normal or list price extended by a seller to a buyer to make the unit price more competitive.
"Emergency purchase" means see urgency purchase.
"Encumbrance" means committing budgeted funds prior to receiving supplies, equipment or services. Funds are shown as an encumbrance until supplies, equipment or services are received at which time funds are actually expended.
"Encumbrance order" means direction provided to the purchasing division using a contract tracking form to encumber contracts without the issuance of a purchase order.
"Equipment" or "material" means personal property necessary to conduct the city's business, including but not limited to machinery, vehicles, rolling stock, supplies, and other property used to conduct the city's business.
"Formal bid" means a bid which must be submitted in a sealed envelope and in conformance with a prescribed format, to be opened and announced at a specified time at a public opening.
"General services" means services such as janitorial, uniform cleaning, maintenance and other services for which the performance of such activities do not require any unique skill, special background or training.
"Guarantee" means a pledge or assurance that something is as represented and will be replaced or repaired if it fails to meet the stated specifications.
"Informal bid" means written or verbal quotations for supplies, equipment and services which pursuant to this policy are not required to meet the formal bidding requirements. Informal bids include unsealed written quotes, verbal quotes and quotes received via fax.
"Lowest (responsive and) responsible bidder" means the bidder submitting the lowest price and capable of performing the proposed contract. See also "responsive bidder" and "responsible bidder."
"Non-responsive bid" means a bid that does not conform to the essential requirements of the notice inviting bids.
"Notice of inviting bids (NIB)" means a formal notice published in the newspaper or elsewhere or sent directly to potential bidders, notifying them that the city is accepting bids for a specific purpose.
"Professional services" means any work performed by an auditor, attorney, doctor, architect, engineer, land surveyor, construction project manager, appraiser, expert, or consultant for example.
"Proposal" means the executed document submitted by an offer or in response to a request for proposals (and the basis for subsequent negotiation).
"Public Contract Code" means the Public Contract Code of the state of California.
"Public project" (definitions is from state of California Public Contract Code).
"Public owned, leased or operated facility" means any plant, building, structure, ground facility, utility system, real property, streets and highways or other capital improvement which project is to be undertaken by the city.
"Purchase" means renting, leasing, purchasing, licensing or a trade of equipment or supplies.
"Purchase officer" means the city administrator or his/her designated representative.
"Qualified bidder" means a bidder that demonstrates the following characteristics, can provide product quality, fitness and capacity for the required usage, has the ability, capacity and skill to perform the contract or provide the service required, has demonstrated character, integrity, reputation, judgment, experience and efficiency, particularly with reference to past purchases by the city or other public agencies; has the ability to perform within the time required; has shown quality of performance and/or of products provided in previous contracts or services with the city or other public agencies; and has no previous documented incidents of unsatisfactory performance and/or unsatisfactory delivery, materials, or services that may result in determination of unqualified.
"Quotation" means a bid. A statement of price, terms of sale, and description of goods or services offered by a prospective seller to a prospective purchaser, usually for purchases below the amount requiring formal bidding.
"Request for proposal (RFP)" means all documents, whether attached or incorporated by reference, utilized for soliciting competitive proposals. The RFP procedure permits negotiation of proposal and prices as distinguished from competitive bidding and a notice inviting bids. The procedure allows changes to be made after proposals are opened and contemplates that the nature of the proposals and/or prices offered will be negotiated prior to award.
"Request for quotation (RFQ)" means the document generally used for seeking competition on small purchases or on any purchase that does not require competitive sealed bidding, can be used for obtaining price and delivery information for sale source and emergencies. Also, see quotation.
"Responsible bidder" means a person who has the capability in all respects to perform in full the contract requirements, and the integrity and reliability which will assure good faith performance.
"Responsive bidder" means: (1) a person who has submitted a bid which conforms in all material respects to the notice inviting bids (NIB), or (2) one whose bid conforms in all material respects to the term and conditions. Specifications and other requirements of the NIB.
"Sealed bid" means a bid which has been submitted in a sealed enveloped to prevent its contents from being revealed or known before the deadline for the submission of all bids required on formal bids.
"Sole source" means an award for a commodity or service to the only reasonably known capable supplier due to the unique nature of the requirement, the supplier, or market conditions.
"Specifications" means a description of what the purchaser seeks to buy or accomplish and consequently, what a bidder must be responsive to in order to be considered for award of a contract. A specification may be a description of the physical or functional characteristics, or the nature of a supply or service. It may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery.
"Split" means to divide a purchase into two or more parts in order to void the requirements of the purchasing policy.
"Supplies" means office supplies, janitorial supplies, materials, goods, tools or other commodities used in the general conduct of the city's business, excepting supplies or materials for a public work which is regulated under the Public Contract Code section 20160, et seq.
"Surplus property" means any city personal property that is no longer needed or useable by the holding department.
"Vendor" means a supplier of goods or services.
"Warranty" means the representation that something is true. Not to be confused with "guarantee." A representation of utility, condition and durability made by a bidder or offeror for product offered.
(Ord. No. 021-2012, § 1, 8-23-12; Ord. No. 024-2012, § 1(d), 11-11-12)