“Bid,” “proposal,” or “offer” means an offer to perform.

“Bid package” means all documents, whether attached or incorporated by reference, used for soliciting sealed bids, such as a notice, bid form, form contract, specifications and similar documents.

“Bidder” means a person who submits a bid or price quote in response to an invitation for bids, or a person who submits a proposal in response to a request for proposals.

“Bidding” means responding to the city’s invitation to bid or request for proposal with an offer to furnish supplies, services, or construction pursuant to and in accordance with the terms and conditions set forth in this chapter.

“Building improvement” means the construction, modification, or repair of a public building or structure.

“Business” means any corporation, partnership, limited liability company, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

“Change order” means a written alteration in specifications, delivery point, dates of delivery, period of performance, price, quantity, or provisions of a contract, upon a mutual agreement of the parties to the contract.

“City” means Midvale City.

“Construction” means the process of building, renovation, alteration, improvement, or repair of any public building, structure, or public work; but does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.

“Construction manager/general contractor” means a contractor who enters into a contract for the management of a construction project and may be allowed to subcontract for additional labor and materials.

“Construction subcontractor” means a person under contract with a contractor or another subcontractor to provide services or labor for the design or construction of a construction project; includes a general contractor or specialty contractor licensed or exempt from licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor for a construction project.

“Contract” means any agreement for the procurement of supplies, services, or construction. The mayor is the only city official with authority to bind the city; contracts without his/her signature are void and do not obligate the city.

“Contract administration” means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between the city and a vendor or contractor. This includes implementing the contract, ensuring compliance with the contract terms and conditions, executing amendments, resolving contract disputes and errors, terminating a contract, measuring or evaluating completed work and performance, computing payments, and closing out a contract.

“Contractor” means a person who is awarded a contract with the city.

“Cooperative procurement” means a procurement conducted by or on behalf of the city and a cooperative purchasing organization.

“Cooperative purchasing organization” means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchaser by engaging in procurements.

“Covered individual” means an individual who, on behalf of a contractor or subcontractor, provides services directly related to design or construction contract and is in a safety sensitive position, including a design position that has responsibilities that directly affect the safety of a building improvement or public works project.

“Department head” means the individual who administers a department or his/her designee, or, in the absence of a department head, the city manager.

“Design-build” means the procurement of design professional services and construction by the use of a single contract.

“Design professional services” means professional services with the scope of architecture, professional engineering, master planning, and programming services.

“Drug and alcohol testing policy” means a policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce a prohibition of (1) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug, or (2) the impairment of judgment or physical abilities due to the use of drugs or alcohol.

“Emergency purchases” means purchases of supplies, material, equipment or services to mitigate a threat, to avoid a lapse in critical government service, protect the legal interest of the city, or mitigate a circumstance that is likely to have a negative impact on public health, welfare, safety, or property.

“Exempt purchases” means purchases which may be made without formal or informal bidding procedures in accordance with Section 3.02.060(E).

“Expenditure” means the purchase of goods, supplies, services, or construction by the city.

“Grant” means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange.

“Immaterial error” means an irregularity or abnormality that is a matter of form that does not affect substance or an inconsequential variation from a requirement of a solicitation that has no, little, or a trivial effect on the procurement process and that is not prejudicial to other vendors; includes missing signature, missing acknowledgment of an addendum, or a missing copy of a professional license, bond, or insurance certification; a typographical error; an error resulting from an inaccuracy or omission in the solicitation, and any other error that the procurement officer considers to be immaterial.

“Interlocal agreement” means an agreement approved by resolution of the city council between the city and another city or government entity.

“Invitation for bid” or “IFB” means a formal bidding document utilized for seeking competition for purchases of supplies and/or services that are defined by the city.

“Joinder agreement” means an agreement authorizing the city to join or use contracts of local governments within or outside the state with the authorization of the contracting vendor. This includes national cooperative agreements with local governments. The originating contracting agency is not liable for the obligations of the city when using or joining a contract.

“Local bidder” means a bidder who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in, or is licensed by or pays business taxes to, Midvale City, or the state of Utah if no bids are received from a Midvale City business.

“Multiple award contracts” means the award of a contract for an indefinite quantity of a procurement item to more than one person.

“Multiyear contract” means a contract that extends beyond a one-year period, including a contract that permits renewal of the contract, without competition, beyond the first year of the contract.

“Performance bond” means a contract of guaranty executed subsequent to award by a successful bidder to protect the city from loss due to the inability of the bidder to complete the contract as agreed.

“Person” means any business, individual, union, committee, club, other organization, or group of individuals.

“Procurement” means buying, purchasing, renting, leasing, leasing with option to purchase, or otherwise acquiring any supplies, services or construction, and all functions that pertain to obtaining any supplies, services or construction, including the solicitation of sources, selection, award, and all phases of contract administration.

“Procurement officer” means the city manager or his/her designee authorized to perform the duties set forth in Section 3.02.040.

“Professional services” means those services that are provided by a person skilled in the practice of a learned and/or technical discipline. Providers of professional services often require prolonged and specialized intellectual training, and profess attainments in special knowledge as distinguished from mere skills. Disciplines may include, without limitation to, accounting, auditing, architecture, artistic endeavors, construction design and management, engineering, financial services, information technology, law, materials testing, medicine, city planning, surveying, underwriting, and others.

“Proposal” means an offer to provide services.

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

“Public entity” means any government entity of the United States, a state or political subdivision of state, including a procurement unit, a municipality or county, or any other government entity located in the United States.

“Public facility” means a building, structure, infrastructure, improvement, or other facility of a public entity.

“Public property” means any item of real or personal property owned, leased, or maintained by the city.

“Public works project” includes but is not limited to the construction of a park or recreational facility; or a pipeline, culvert, dam, canal, or other system for water, sewage, stormwater, or flood control; but does not include the replacement or repair of existing infrastructure on private property.

“Purchase order” means a binding agreement used in committing city funds toward the purchase of supplies, services, or construction.

“Random testing” means that a covered individual is subject to periodic testing for drugs and alcohol in accordance with the drug and alcohol testing policy and on the basis of random selection process.

“Request for information” means a nonbinding process through which a city representative requests information relating to a procurement item.

“Request for proposals” or “RFP” means an alternative method to sealed bids that seeks competition for the purchase of goods or services when the needs of the requirement are not always clearly expressed or described within a written specification and cost is just one of the factors utilized in determining the responsive responsible bidder; typically used for obtaining services.

“Request for quote” means a document used to solicit procurement items and/or services through the informal process. Includes the city’s general terms and conditions, a description of the requirement, a quantity (if applicable), shipping details (if applicable), and contact information of the department head and/or procurement officer requesting the quote.

“Requisition” means a written request by any city employee to purchase supplies, services or construction.

“Responsible bid” means a bid to furnish supplies, services or construction for the city pursuant to and in accordance with the terms and conditions set forth in this chapter, which conforms in all material respects to the invitation for bids.

“Responsive responsible bidder” means a person who furnishes, when requested, a conforming solicitation and demonstrates the ability to fully perform all aspects of the contract requirements with the experience, integrity, reliability, and capacity which will ensure good faith performance; and who has not violated or attempted to violate any provisions in this chapter.

“Sealed” means manually or electronically secured to prevent disclosure.

“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 is merely incidental to the required performance; but does not include employment agreements or collective bargaining agreements.

“Sole source” means a procurement without competition pursuant to a determination that there is only one source for the procurement item.

“Solicitation” means the process of notifying prospective bidders of the city’s interest in obtaining quotes, bids, or proposals for supplies and/or services.

“Specification” means any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service, or construction item for delivery.

“Subcontractor” means any person or entity who may be awarded a contract with a contractor or another subcontractor to provide services or labor. Subcontractor includes a trade contractor or specialty contractor but does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

“Supplies” means all property, including but not limited to equipment, materials, and printing, but does not include real property or any interest therein.

“Veteran” means an individual who has served on active duty in the armed forces for more than one hundred eighty consecutive days, or was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated or retired under honorable conditions, or any individual incurring an actual service-related injury or disability in the line of duty, whether or not that person completed one hundred eighty consecutive days of active duty.

“Vendor” means a person who is seeking to enter into a contract with the city to provide a procurement item and includes a bidder, an offeror, and/or a proposer.

“Written approval” by city officials includes electronic approval of requisitions, purchase orders, or invoices via the municipal software system. (Ord. 2023-02 § 1 (Exh. A); Ord. 2018-12 § 1 (Exh. A (part)); Ord. 8/10/2010O-6 § 1 (Exh. A (part)); Ord. 2/16/2010O-2 § 1 (Exh. A (part)); Ord. 4/21/2009O-7 § 1 (Exh. A (part)); Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.203); Ord. 1/20/2004O-15 (part). Formerly 2.28.220)