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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

A. “Bid” or “proposal” means an offer to provide goods, services, professional services, or public work in response to a solicitation for bids or proposals issued by the city.

B. “Bidder” or “proposer” means a person, firm, partnership, corporation or other entity that formally submits a bid, proposal or offer to provide goods, services, professional services, or public work to the city in response to a solicitation for bids or proposals or request for qualifications issued by the city.

C. “Collusion” means a willful act to defraud others of their rights or to obtain an unfair advantage in a public contracting process.

D. “Contract” means a mutually binding legal relationship or any modification thereof obligating a person, firm, partnership, corporation, or other entity to provide goods, services, professional services or public work to the city, and that obligates the city to compensate the other party.

E. “Day” means a calendar day.

F. “Director” means the applicable department director.

G. “Goods” means equipment, supplies, materials and goods, and includes both tangible and intangible personal property that is movable, subject to ownership, and has exchange value.

H. “Manager” means the city’s procurement manager.

I. “Mayor” means the mayor or the mayor’s designee.

J. “Personal services” means those consulting services where the work is primarily intellectual in nature, and the reports or recommendations are incidental to the required performance.

K. “Professional services” means those services provided by licensed or certified individuals or consulting firms associated with either the development, design or construction, or any combination thereof, of a public works project.

L. “Public work” means all work, construction, alteration, enlargement, repair, demolition or improvement, other than ordinary maintenance, executed at the cost of the city or that is by law a lien or charge on any property therein.

M. “Sealed bid” means a method for submitting a bid to provide or perform work on a contract, inclusive of electronic sealed bidding systems, and where all bids are opened at the same time.

N. “Services,” except for professional services, means the furnishing of labor, time or effort by a contractor.

O. “Waiver” means a process whereby the manager may procure without formal solicitation procedures because of the uniqueness of circumstances related to that procurement action, or a declared emergency. (Ord. 3404 § 3 (Att. A), 2021; Ord. 3374 § 1 (Exh. A), 2020; Ord. 3297 § 2 (Exh. A), 2018)