“Administering agency” means the contracting agency that solicited and established the original contract in a cooperative procurement for goods, services, personal services, professional services or public improvements.

“Affected person/offeror” means a person whose ability to participate in a procurement is adversely impaired by a City decision.

“Architectural, engineering and land surveying services” means professional services performed by an architect, engineer or land surveyor and includes architectural, engineering or land surveying services, separately or any combination thereof, as appropriate within the context of a section of this chapter.

“Award” means the decision to enter into a contract or purchase order with a specific offeror.

“Bid” means a response to an invitation to bid.

“Bidder” means a person who submits a bid in response to an invitation to bid.

“Business with which a City employee is associated” means any business in which a City employee is a director, officer, owner or employee, or any corporation in which a City employee owns or has owned 10 percent or more of any class of stock at any point in the preceding calendar year.

“City” means the City of Millersburg, a municipal corporation and a contracting and purchasing agency.

“City Manager” means the person appointed by the City Council to the position of City Manager.

“Closing” means the date and time announced in a solicitation document as the deadline for submitting bids or offers.

Contract. See “Public contract.”

“Contracting agency” means a public body authorized by law to conduct a procurement.

“Contractor” means the person who enters into a contract with the City.

“Contract price” means as the context requires:

“Cooperative procurement” means a procurement conducted by, or on behalf of, one or more contracting agencies.

“Days” means calendar days.

“Emergency” involves circumstances that:

“Findings” means the justification for a conclusion. If the justification relates to a public improvement contract, findings may be based on information that includes, but is not limited to:

“Goods and/or services” means supplies, equipment, materials and services, other than personal services, and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto. The term includes combinations of any of the items identified in this definition.

“Grant” means an agreement under which:

“Immediate family member” means an employee’s: spouse, and parents thereof; children, and spouses thereof; parents, and spouses thereof; siblings, and spouses thereof; grandparents and grandchildren, and spouses thereof; and domestic partner, and parents thereof.

“Offer” means a bid, proposal, quote or other response to a solicitation document.

“Offeror” means a person who submits an offer.

“Opening” means the date, time and place announced in the solicitation document for the public opening of written sealed offers.

“Original contract” means the initial contract or price agreement solicited and awarded during a cooperative procurement by an administering agency.

“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public body, public corporation or other legal or commercial entity, and any other person or entity with legal capacity to contract.

“Personal services” means services, other than professional services, that require specialized skill, knowledge and resources in the application of technical or scientific expertise or in the exercise of professional, artistic or management discretion or judgment.

“Price agreement” means a contract for the procurement of goods or services at a set price which has:

“Procurement” means the act of purchasing, leasing, renting or otherwise acquiring goods or services, personal services or professional services. It includes each function and procedure undertaken or required to be undertaken to enter into a contract, administer a contract and obtain the performance of a contract for goods or services, personal services or professional services.

“Professional services” means architectural, engineering, land surveying, photogrammetric, transportation planning or related services, or any combination of these services, provided by a consultant.

“Proposal” means a response to a request for proposals.

“Proposer” means a person who submits a proposal in response to a request for proposals.

“Provider” means, as the context requires, a supplier of goods or services, personal services, or professional services.

“Public contract” means a sale or other disposal, or a purchase, lease, rental or other acquisition, by the City of personal property, goods or services, including personal services, professional services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. It does not include grants.

“Public contracting” means procurement activities relating to obtaining, modifying or administering contracts or price agreements.

“Public improvement” means a project for construction, reconstruction or major renovation on real property, by or for the City. It does not include projects for which no funds of the City are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or emergency work, minor alteration, or ordinary repair or maintenance necessary to preserve a public improvement.

“Public improvement contract” means a contract for a public improvement. This does not include a contract for emergency work, minor alterations, or ordinary repair or maintenance necessary to maintain a public improvement.

“Purchasing agency” means an agency that procures goods or services, personal services, or public improvements from a contractor based on the original contract established by an administering agency in a cooperative procurement.

“Qualified provider” means a person or business with a record of established projects and experiences.

“Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. It includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

“Related services” means personal services, other than architectural, engineering and land survey services, that are related to the planning, design, engineering or oversight of public improvement projects or components thereof, including but not limited to:

“Request for proposals” means a solicitation document used for soliciting proposals.

“Request for qualifications” means a written document issued by the City describing particular services to which potential contractors respond with a description of their experience and qualifications that results in a list of potential contractors who are qualified to perform those services, but which is not intended to create a contract between a potential contractor on the list and the City.

“Revenue generating agreements” means contracts or agreements for services that generate revenue and that are typically awarded to the offeror proposing the most advantageous or highest monetary return.

“Scope” means the range and attributes of the goods or services described in a procurement document.

“Signed” or “signature” means any mark, word or symbol attached to or logically associated with a document and executed or adopted by a person with the authority and intent to be bound.

“Solicitation” means as the context requires:

“Work” means the furnishing of all materials, equipment, labor and incidentals necessary to successfully complete any individual item in a contract and successful completion of all duties and obligations imposed by the contract.

“Written” or “in writing” means conventional paper documents, whether handwritten, typewritten or printed, in contrast to spoken words, including electronic transmissions or facsimile documents when required by applicable law or permitted by a solicitation document or contract. (Ord. 135 § II, passed 3-13-2018)