§ 400. Definitions.

A.

Unless otherwise provided herein, for the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.

1.

Architectural and Engineering Services means professional services of an architectural or engineering nature which require professional training and/or licensing. This may include services related to landscape architecture and surveying, mapping, testing, value engineering, construction project management, and the creation of plans and specifications related to public construction projects.

2.

Auction means a public sale in which items are sold to the highest bidder.

3.

Bid means a response to a competitive process.

4.

Bidder means a company or individual submitting a response to a competitive process.

5.

City refers to the City of Tulsa, Oklahoma, and means the City government in all its forms, including not only all City departments but also any commission or board of the City acting for or on behalf of the City of Tulsa provided, however, that any improvement district created pursuant to 11 O.S. 1991 §§ 39-101, et seq. , or any public trust created pursuant to 60 O.S. § 176, et seq. , shall not be included in this definition thereby exempting such improvement districts or trusts from the provisions of this chapter.

6.

City's Objectives include: a) procuring supplies, services, and information technology systems that meet the needs of the using departments, at the least expense to the City by utilizing as full and open a competitive process as practical; and b) obtaining the greatest benefit to the City in the disposition of surplus supplies by utilizing as full and open a competitive process as practical.

7.

City Purchasing Agent, or Agent, is the employee holding the position of Purchasing Agent of the City of Tulsa, Oklahoma.

8.

Competitive Process means the process by which offers are solicited, and includes: Request for quote, invitation for sealed bid, two-step sealed bid, competitive sealed proposal, request for proposal, auction, and reverse auction.

9.

Contractual Services means services which are predominantly physical or manual in nature, and involve the furnishing of labor, any materials or supplies necessary to perform the service, time, and effort by a supplier to perform an identifiable task, not typically involving delivery of a specific end product, and includes but is not limited to: landscaping, mowing, cleaning, sweeping, hauling, pest control, security, wrecker services, and repairs and maintenance of equipment, machinery, and other City-owned property or facilities; and communication services including but not limited to telephone, long distance, cell phone, internet, and video services. The term shall not include: Professional services; insurance; employee benefit plans; financial services; architectural and engineering services; services involved in public construction projects; nor shall it include services or maintenance authorized and provided for an improvement district pursuant to 11 O.S.1991, § 39-103.1.

10.

Cooperative Purchasing Plan shall mean an arrangement entered into between two (2) or more entities of government for acquisitions pursuant to a cooperative agreement obtained through competition.

11.

Council is the legislative body of the City of Tulsa, Oklahoma.

12.

Electronic means in digital, electrical, or optical form, as utilized in computer and document processing equipment.

13.

Financial Interest means ownership by the Agent, an officer or employee of the City, or members of the immediate family of such Agent, officer or employee, individually or in combination, of five percent (5%) or more of a company or business when the value of such ownership interest exceeds Five Thousand Dollars ($5,000.00).

14.

Financial Services means and includes, but is not limited to, banking, credit card processing, collection, auditing, debt management, investment, and arbitrage services.

15.

Immediate Family has the meaning set forth in the City's Ethics Ordinance, 12 TRO Section 601.

16.

Information Technology System means and includes computer equipment, software, and services necessary to provide an integrated system for communicating, processing, storing, and retrieving information electronically, the acquisition of which is governed by this chapter.

17.

Mayor shall mean the chief executive officer of the City of Tulsa or his designee.

18.

Online means utilizing the Internet.

19.

Performance-Based Efficiency Contracts shall have the meaning as set forth in Title 62 Section 318 of the Oklahoma Statutes, as amended from time to time.

20.

Price means the individual price(s) of an item, or group of items, submitted by the bidder.

21.

Professional Services means services which are predominantly mental or intellectual in nature, rather than physical or manual, and which do not typically involve the supply of products. Professional services include: Consulting; computer programming and consulting; services to support decision making, policy development, management, administration, or the operation of management systems; and do not include architectural and engineering services, or legal services.

22.

Public means available to and accessible by the general population. Activities conducted online are generally considered public, so long as reasonable electronic access is available to all interested parties.

23.

Public Construction Project means construction, alteration, repair, improvement, moving, wrecking or demolition of property owned by the City. Public construction project does not include the routine maintenance of City facilities or property, the repair or improvement of personal property, or the direct purchase or lease by City of materials, equipment, supplies or other personal property. Public construction project also does not include the following personal property as set forth in paragraphs 1 through 4 of section 430.1B of Title 62 of the Oklahoma Statutes:

a.

Portable, or otherwise moveable, buildings and structures;

b.

Prefabricated metal buildings and structures, along with necessary utility services for such buildings or structures;

c.

Roofs placed over existing roof structures where total payments, including total payments of principal and interest under lease-purchase contracts, are not expected to exceed Twenty-Five Thousand Dollars ($25,000.00);

d.

Other structures or property that can be disassembled after installation and removed without permanent physical damage to existing property.

24.

Purchasing means the functional area governed by this chapter within the Finance Department.

25.

Purchasing Card means and includes the commercial credit card issued to authorized City employees for the purchase of supplies and services.

26.

Reverse Auction means a public offer to buy supplies, services, and information technology systems from the lowest secure bidder.

27.

Services means and includes contractual, professional, and financial services, the acquisition of which is governed by this chapter.

28.

Sole Brand Acquisition means an acquisition which, by specification, restricts the acquisition to one (1) manufacturer or brand of product which can be acquired through a competitive process.

29.

Solicitation means the document(s) used to solicit offers in a competitive process.

30.

Sole Source Acquisition means an acquisition which, by specification, restricts the acquisition to one (1) manufacturer, or brand, of product which can only be provided by one (1) source.

31.

Supplies means and includes, but is not limited to, all office supplies, cleaning supplies, safety supplies, materials, commodities, parts, fuel, equipment, and standard computer hardware, standard communications equipment, and standard software.

32.

Using Department is any department, board, commission, department subdivision, section, or other unit in the City government using supplies, services, or information technology systems as herein provided, except as otherwise exempted by 11 O.S. 1991 §§ 39-101, et seq. , or 60 O.S. § 176, et seq.

B.

When not inconsistent with the context, the masculine, feminine, and neuter genders may be used interchangeably, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory.

(Ord. No. 22529, § 1, 9-29-2011)