§ 3-1. Definitions.

(a)

The following definitions apply to article I except where an alternate definition has been provided or the context indicates otherwise:

(1)

Alternative construction delivery method shall mean any project delivery method, other than a design-bid-build process, utilized to construct, reconstruct, improve, enlarge, alter, paint and decorate or make major repairs to any fixed work, the performance of which requires the payment of prevailing wage pursuant to state or federal law, including design-build, competitive sealed proposals, cooperative agreements with a private or public entity, construction-manager at risk services, or any other alternative procurement method authorized by law or specified in rules and regulations adopted by the city manager.

(2)

Code shall mean the City of Kansas City, Missouri Code of Ordinances.

(3)

Concession contract shall mean a contract for concessions or similar transactions involving the sale of products or rendition of services, or a combination thereof, in which funds are collected by the contractor from third parties for the sale of products, services, or a combination thereof, and from which the city may receive money in the form of a royalty or other financial return.

(4)

Construction contract shall mean a contract for the construction, reconstruction, improvement, enlargement, alteration, painting and decorating or major repair of any fixed work, the performance of which requires the payment of prevailing wage pursuant to state or federal law.

(5)

Cooperative agreement shall mean any agreement with any other municipality or political subdivision, or with an elective or appointive official thereof, or with a duly authorized agency of the United States, or of this state, or with other states or their municipalities or political subdivisions, or with any person, firm, association or corporation for the planning, development, construction, acquisition or operation of any public improvement or facility, or for a common service.

(6)

Cooperative procurement shall mean entering into an agreement or working with another unit of federal, state, local government, or a political subdivision or organization comprised of or working on behalf of any of the foregoing, for the purpose of procuring goods, supplies, materials, equipment, services, or any combination thereof, needed by the parties thereto and expected to result in cost and time savings.

(7)

Design-build contract shall mean a contract in which the design professional and construction services are contracted by a single entity known as the design-builder, design-build contractor or a variant thereof, and which single entity is responsible for all of the work on the project.

(8)

Design professional contract shall mean a contract for architectural, engineering or land surveying services relating to the design or construction of buildings, bridges, streets, sewers, viaducts, water mains, subways or any structure or public improvement of any nature whatsoever to be erected upon lands belonging to the city, excluding those contracts in which the design professional services are provided pursuant to a design-build contract.

(9)

Indefinite delivery/indefinite quantity construction contract shall mean a construction contract which imposes no financial obligation on the city until the manager of procurement services issues a purchase order which includes the director of finance's certification of available funds and is used for the purchase of construction in which the exact nature of the construction projects or construction work during the course of the city's fiscal year cannot be determined by the city. A non-exhaustive list of examples of indefinite delivery/indefinite quantity construction contracts include but are not limited to: electrical, elevators, plumbing, HVAC, and job order types of contracts.

(10)

Invitation for bids shall mean a request or invitation for submission of an offer to enter into a contract pursuant to a competitive bidding process.

(11)

Manager of procurement services shall mean the person appointed by the director of the general services department to manage the procurement services division of such department.

(12)

Non-municipal agency contract means a contract with a governmental entity or not-for-profit entity granted tax-exempt status under any provision of section 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)) in which the city grants funds pursuant to an approved budget for the operation of administration of a program or services which furthers the public good.

(13)

Personal services contract: A contract or agreement of employment with an individual who is not acting as an independent contractor and who is not part of the city's classified or unclassified service.

(14)

Piggybacking shall mean entering into a contract for goods, supplies, materials, equipment, services, or any combination thereof, with an entity that has been awarded a contract for such goods, supplies, materials, equipment, services, or any combination thereof, through a competitive solicitation process undertaken by the federal government, any state or local government other than the city, any other tax supported public entity, or any cooperative or pooling arrangement, under equivalent contractual terms and conditions and subject to acceptance of the city's contractual terms and conditions when feasible.

(15)

Procurement card shall mean a credit card issued by the city for the purpose of purchasing goods, supplies, materials, equipment, or services, or to make payments under a contract.

(16)

Professional services contract shall mean a contract for licensed professional services or non-licensed professional services when the services are primarily for an outside expert opinion or advice, on business decision(s), processes, or project(s). The term "professional services contract" shall not include non-municipal agency contracts, concession contracts, maintenance contracts, construction contracts, cooperative agreements, design professional contracts, personal services contract, and information technology contracts that include services.

(17)

Purchasing pool or cooperative is any arrangement whereby entities aggregate purchasing needs for the purpose of obtaining discounted pricing or better terms or conditions.

(18)

Qualification based selection process is a solicitation process that includes consideration of the qualifications of anyone responding to a solicitation as the determinative criteria for selection.

(19)

Reverse auction shall mean an electronic reverse auction purchasing process in which vendors bid to provide any services needed by more than one department, or for goods, supplies, materials, or equipment utilized by one or more departments, at the lowest selling price, and in an open and interactive environment and which results in a contract being awarded to the lowest and best bidder.

(20)

Request for proposals shall mean a written invitation by the city for persons to submit an offer subject to subsequent negotiations with the city and subject to subsequent additions, deletions, modifications to the request for proposal specifications or any subsequent contract.

(21)

Request for qualifications shall mean a written invitation by the city for a person to submit a statement of qualifications to the city.

(22)

Sole brand purchase shall mean a process for purchasing which includes specifications restricting the purchase to a specific manufacturer or brand and includes services unique to the specific manufacturer or brand.

(23)

Sole source purchase shall mean a process for purchasing that allows the purchase of services from one business or person because: (a) there is only one unique source or one specialized source or no competition exists; or (b) the business or person to be utilized has unique or specialized experience suited to a specific project such that it is in the city's best interests to utilize such business or person; or (c) the city is collaborating on a project or common interest with a public or private entity. A sole source purchase must include a written justification approved by the city manager or manager of procurement services. If the sole source purchase is for a professional services contract, the contract shall be authorized in accordance with dollar limits for a professional services contract as provided in section 3-41.

(24)

Statement of qualifications shall mean a statement submitted by a prospective contractor detailing a prospective contractor's experience, financial capacity, key personnel, and other information pertinent to a particular project.

(25)

Term-supply contract shall mean a contract which imposes no financial obligation on the city until the manager of procurement services issues a purchase order which includes the director of finance's certification of available funds and is used for the purchase of any services needed by one or more departments, or for goods, supplies, materials, equipment, or any combination thereof, utilized by one or more departments, of such a nature as may be needed by the city over the course of a fiscal year, including but not limited to catalog or standard production items, the price of which is determined by published price lists. A non-exhaustive list of examples of term-supply contracts for services include but are not limited to: janitorial services, security services, and temporary employment services.

(Ord. No. 130041, § 6, 3-21-13; Ord. No. 170963 , § 1, 4-19-18)