Section 3-3-4 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:
A. “Best Interests of the Town” means advantageous to the Town.
B. “Bid” means a price-based Proposal that is submitted in response to an Invitation for Bids.
C. “Bid or Proposal Guarantee” means a form of security that indemnifies the Town against a successful bidder’s failure to execute the Contract documents and proceed with performance.
D. “Bid Opening” means the date and time set forth in the Solicitation for opening of sealed Bids.
E. “Business” means any Person authorized to do business in the State of Arizona.
F. “Change Order” means a written order signed by an authorized agent of the Town that directs the Contractor to make changes that are authorized by the Town, but which does not change the Contract amount by more than as authorized in Section 3 3 6 below.
G. “Closing Date” means the date and time set forth in a Solicitation for the receipt of Bids or Proposals by the Town, after which no Bid or Proposal shall be considered.
H. “Confidential Information” means that portion of a Bid, Proposal, offer, Specification or protest that contains information that the Person submitting the information believes should be withheld; provided, that (i) such Person submits a written statement advising the Town of this belief at the time of the submission and (ii) the information is so identified wherever it appears.
I. “Construction” means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property, but does not include the routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property.
J. “Contract” means all types of Town agreements, regardless of what they may be called, for the Procurement of Materials and Services, the demolition or Construction of public facilities, or the acquisition and disposal of real and personal property.
K. “Contractor” means any Person having a Contract with the Town.
L. “Cooperative Purchasing” means Procurement conducted by, or on behalf of, more than one public Procurement unit.
M. “Data” means documented information, regardless of form or characteristic.
N. “Days” means calendar days unless otherwise specified.
O. “Debarment” means disqualification by the Procurement Agent of a Vendor to receive the award of a Contract with the Town for a specified period of time, not to exceed three years, commensurate with the seriousness of the offense causing the disqualification, which may result from misconduct or failure or inadequacy of performance.
P. “Emergency” means a threat to the public health, welfare, property or safety.
Q. “Employee” means an individual drawing a wage or a salary through the payroll process of the Town, whether elected or not.
R. “Exempt Construction” means:
1. For any building, structure, addition or alteration, Construction with a total cost of work that does not exceed the limitations in Ariz. Rev. Stat. § 34 201(C).
2. For any street, road, bridge, water or sewer work, Construction with a total cost of work that does not exceed the limitations in Ariz. Rev. Stat. § 34 201(D).
3. For recreational projects, including trails, playgrounds, ball parks and other similar facilities, excluding buildings, structures, building additions and alterations to buildings, structures and building additions, when such improvements are completed by workers provided by a nonprofit organization, Construction with a total cost of the work that does not exceed the limitations in Ariz. Rev. Stat. § 34 201(F).
4. Contributions to finance public infrastructure made pursuant to a development agreement if such contribution to a single development does not exceed the limitations in Ariz. Rev. Stat. § 34 201(G)
S. “Interested Party” means an actual or prospective bidder or offeror whose economic interest may be affected substantially and directly by the issuance of a Solicitation, the award of a Contract, or by the failure to award a Contract. Whether an actual or prospective bidder or Offeror has an economic interest will depend upon the circumstances of each case.
T. “Invitation for Bids” means all documents including those attached or incorporated by reference, utilized for soliciting Bids in accordance with Section 3-3-20 below.
U. “Materials” means all personal property, including equipment, supplies, printing, insurance and leases of personal property.
V. “Offeror” or “Respondent” means any Person that responds to an Invitation for Bids, Request for Proposals, Solicitation, offer, or any other invitation or request by which the Town invites a Person to participate.
W. “Open Market Purchase” means procedures used for Procurement of Materials and Services readily available to the general public on the open market which, by their nature, are subject to competition from multiple competing Vendors.
X. “Payment Bond” means a form of security required to be provided by a Contractor for the protection of claimants supplying labor and/or Materials to the Contractor or its Subcontractors.
Y. “Performance Bond” means a form of security provided by a Contractor that secures the Contractor’s obligation to properly complete its work in accordance with the Contract.
Z. “Person” means any individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, limited liability company or any other private legal entity, governmental entity, union, committee, club, other organization or group of individuals. It includes a trustee, receiver or similar representative.
AA. “Price” means the total expenditure for a defined quantity of a Material or Service.
BB. “Procurement” means the purchasing, renting, leasing or otherwise obtaining any Material or Service. The term includes all functions that pertain to the obtaining of any Material or Service, including description of requirements, selection and Solicitation of sources, preparation and award of Contract, and all phases of Contract administration.
CC. “Procurement Agent” means the Town Manager or authorized designee.
DD. “Procurement Policy” means the administrative policy created by the Town Manager to assist with the implementation of this Article.
EE. “Professional Services” means those services requiring specialized knowledge, education, skill or expertise and where the qualifications of the Person(s) rendering the services are of primary importance. Professional Services shall include, but are not limited to, services provided by architects, attorneys, accountants, financial advisors, construction and project managers, dentists, design professionals, planning professionals, engineers, assayers, geologists, land surveyors, mediators, human resources consultants, plan review and/or inspection professionals, translators, election services, materials testing firms, water quality testing firms, fee consultants, revenue study consultants, physicians, nurses, psychologists, teachers and facilitators, veterinarians and health care providers, that provide a combination of professional and paraprofessional services or any other professions and services defined as Professional Services by state law. Professional Services do not include Construction or Exempt Construction.
FF. “Proposal” means a written offer, solicited or unsolicited, for consideration as a basis for awarding or modifying a Contract.
GG. “Request for Proposal” means all documents, including those attached or incorporated by reference, utilized for soliciting Proposals in accordance with Section 3-3-21 below.
HH. “Request for Qualifications” means all documents, including those attached or incorporated by reference, utilized for soliciting qualifications-based Proposals in accordance with Section 3-3-23 below.
II. “Responsible Bidder” or “Responsible Offeror” means a bidder or Offeror who has (i) the capability to fully perform the Contract requirements and (ii) the reliability that will ensure good faith performance.
JJ. “Responsive Bidder” or “Responsive Offeror” means a bidder or Offeror who has submitted a Bid or Proposal that conforms in all material aspects to the Solicitation.
KK. “Service” means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. This term does not include “Professional Services” provided by those Persons as defined in this Section.
LL. “Solicitation” means an Invitation for Bids, a Request for Proposals, a Request for Qualifications or any other invitation or request by which the Town invites a Person to participate in a Procurement.
MM. “Specification” means any description of the physical characteristics, functional characteristics, or the nature of a Material or Service item. The term may include a description of any requirements for inspecting, testing, or preparing a Material or Service item for delivery.
NN. “Subcontractor” means a Person that contracts to perform work or render Services to a Contractor or to another Subcontractor as a part of a Contract with the Town.
OO. “Suspension” means an action taken by the Procurement Agent disqualifying a Person or entity from participation in Town Procurement.
PP. “Technical Registrant” means a Person who provides any of the Professional Services listed in Ariz. Rev. Stat., Title 32, Chapter 1, as amended, and includes, but is not limited to, architects, assayers, engineers, geologists, land surveyors and landscape architects.
QQ. “Town” means the Town of Fountain Hills, an Arizona municipal corporation.
RR. “Vendor” means any Person operating a Business that has, or proposes to, provide a Material or Service to the Town. (16-03, Amended, 12/01/2016, and Restated; 13-04, Amended, 11/21/2013)