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Chapter
7
Purchasing Code |
Sec. 7.02. Definitions
As used throughout
this Purchasing Code, 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 a different definition is prescribed for
a
particular section or portion thereof.
(1)
Bid Bond. "Bid bond" means a form of bid
security
executed by the bidder as principal and by a surety to guarantee
that the bidder will enter into the contract within a specified
time
and furnish any required performance bond.
(2) Bid Deposit. "Bid
deposit" means a sum of money or certified/cashier's check
deposited by a bidder to guarantee that
the bidder will enter into the contract within a specified time
and furnish any required performance bond
(3) Business.
"Business" means any corporation, partnership,
individual, sole proprietorship, joint stock company, joint
venture or any other legal entity through which business is
conducted.
(4) City. "City" means
the City of Orlando and shall include the City Council, any
department, commission, council, board, bureau, committee,
institution, authority, agency or other establishment or official
of the government of this City
(5) Confidential Information.
"Confidential information" means
any information which is available to a person only because of
said person's status as an employee of this City and which is not
a matter of public knowledge or available to the public on
request.
(6) Construction.
"Construction" means the process of building
or demolishing any structure, building, roadway, or other
improvements of any kind to any real property. It does not include
the routine operation, routine repair or routine maintenance of
existing structures, buildings or real property.
(7) Contract. "Contract"
means all types of City agreements regardless of what they may be
called for the purchase or disposal of supplies or services. It
includes contracts for a fixed price,
cost, cost plus a fixed fee, or incentive contracts, contracts
providing for the issuance of job or task orders, leases, letter
contracts, and purchase orders. It also includes supplemental
agreements with respect to any of the foregoing.
(8) Contract
Modification. "Contract modification" means any
written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other
provision of any contract.
(9) Contractor.
"Contractor" means any person having a contract with the
City.
(10) Cooperative Purchasing.
"Cooperative purchasing" means procurement conducted by
or on behalf of more than one public procurement unit.
(11) Data. "Data" means
recorded information regardless of
form or characteristic.
(12) Debarment.
"Debarment" means a disqualification of a person to
receive invitations for bids or requests for proposals or
the award of contracts by the City for a specified period of time
commensurate with the gravity of the offense or the failure or the
inadequacy of performance.
(13) Designee. "Designee"
means a duly authorized representative of a person holding a
superior position.
(14) Director. "Director"
means the Director of Purchasing and Materials Management and head
of the Bureau of Purchasing and Materials Management.
(15) Excess Supplies. "Excess
supplies" means supplies
having remaining useful life, but which are no longer required
by
the using agency in possession of said supplies.
(16) Financial Interest.
"Financial interest" means:
a. Ownership
of any interest or involvement in any relationship from which, or
as a result of which, a person within the last year
has received or is presently or in the future may receive any
financial benefit.
b. Ownership
of any interest in any business except publicly
held stock.
c. Holding
a position in a business, such as an officer, director, trustee,
partner, employee or similar position or holding any
position of management.
(17) Invitation to Bid.
"Invitation to bid" means all documents including those
attached or incorporated by reference utilized for soliciting
bids.
18) Office
of. For the purposes of this Code, "Office of" shall
be construed to include a department or bureau.
(19) Performance Bond.
"Performance bond" means a bond of a contractor/vendor
in which a surety guarantees to the City that the work/services
will be performed in accordance with the contract documents and
may, in the discretion of the City, include a letter of
credit issued by a
financial institution.
(20)
Person. "Person" means any business,
individual, union, committee, club or other organization or group
of individuals.
(21) Procurement.
"Procurement" means the buying, purchasing, renting,
leasing or otherwise obtaining any supplies, services,
construction or any other item(s). It also includes all functions
that pertain to the obtaining of any supplies, services,
construction or any other item(s), including description of
requirements, selection and solicitation of sources, preparation
and award of contracts and all phases of contract administration.
(22) Procurement Officer.
"Procurement officer" means the Director of Purchasing
and Materials Management and any other person in the Bureau of
Purchasing and Materials Management duly authorized to enter into
and administer contracts and make written determinations with
respect thereto.
(23) Request for Proposals.
"Request for proposals" means all documents including
those attached or incorporated by reference utilized for
soliciting proposals.
(24) Responsible Bidder or Proposer.
"Responsible bidder or proposer" means a person who has
the required qualifications and the capability in all respects to
perform fully the contract requirements and the integrity and
reliability which will assure good faith performance.
(25) Responsive Bidder or Proposer.
"Responsive bidder or proposer" means a person who has
submitted a bid which conforms in all material respects to the
invitation to bid or request for proposals and which is submitted
on the correct forms with all required information, signatures,
and notarizations.
(26) Services. "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 includes "Professional Services," except
professional architectural, engineering, landscape architectural
and land-surveying services, but does not include employment
agreements or collective bargaining agreements.
(27) Specifications.
"Specifications" means any description of the physical
or functional characteristics, or of the nature of a supply, or
service item. It may include a description of any requirement for
inspection, testing or preparing a supply or service item for
delivery.
(28)
Surety. "Surety" means an organization
which, for a consideration, promises in writing to make good the debt or default of
another. The surety must hold a certificate of authority as an
acceptable surety on federal bonds as published in the current
Circular 570, U.S. Department of the Treasury, and the Federal
Register effective July 1 annually, as amended.
(29) Surplus Property.
"Surplus property" means any supplies, vehicles, equipment,
or other personal property no longer having any use to this City.
This includes obsolete supplies or equipment, scrap materials, and
non-expendable supplies that have completed their useful life
cycle and those items turned over to the Bureau of Purchasing and
Materials Management by the Orlando Police Department for
disposition.
(30) Suspension.
"Suspension" means the disqualification of a person to
receive invitations to bid or requests for proposals or the award
of a contract by the City for a given period.
(31)
Using Agency. "Using agency" means any
department, commission, board, bureau, committee, institution,
authority or other establishment or official of this City which
utilizes any supplies, services, or any other item procured under
this Code.
(Ord. of 7-18-1988, Doc. #22235; Ord. of 7-8-1996, Doc. #29463;
Ord. of 12-13-1999, § 1, Doc. #32494)
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