§ 2-181 — Definitions

Sec. 2-181. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Blind trust means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust. Brand name or equal specification means a specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance and other salient characteristics needed to meet city requirements, and which provides for the submission of equivalent products. Brand name specification means a specification limited to one or more items by manufacturers' names or catalogue numbers. Business means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, or any other legal entity. Commodities means all property, including but not limited to equipment, materials, printing and lease of real property, including land or a permanent interest in land. Confidential information means any information which is available to an employee only because of the employee's status as an employee of the city and is not a matter of public knowledge or available to the public on request. Contract means all types of city agreements, regardless of what they may be called, for the procurement of commodities or services. Contractor means any person having a contract with the city or a using agency of the city. Direct or indirect participation means involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity. Employee means an individual drawing a salary or wages from the city whether elected or not; any noncompensated individual performing personal services for the city or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the city. Financial interest means: (1) Ownership of any interest or involvement in any relationship from which or as a result of which a person within the past year has received or is presently or in the future entitled to receive more than the small purchase threshold, as defined in section 2-184(d)(2), per year, or its equivalent. (2) Ownership of more than five percent of any property or business; or (3) Holding a position in a business such as officer, director, trustee, partner, employee or the like, or holding any position of management. Gratuity means a payment, loan, subscription, advance, deposit of money, service, gift, benefit, favor or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. Immediate family means a spouse, children, parents, brothers and sisters of the employee, or a dependent such as a person who receives 50 percent or more of his support from the employee or the employee's spouse. Also included as a dependent would be a person who resides with the employee for more than 180 days during the preceding year. Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids. Procurement means the buying, purchasing, renting, leasing or otherwise acquiring of any commodities or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Public agency means a public entity subject to or created by the city. Qualified products list means an approved list of commodities or services, described by model or catalogue numbers, which, prior to competitive solicitation, the city has determined will meet the applicable specification requirements. Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. Resident responsive responsible bidder means a person deemed to be a responsive, responsible bidder, as defined by Code of Ala. 1975, § 41-16-50. Responsible bidder means a person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, relevant experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good-faith performance and other necessary essential qualities to assure financial stability and adequate personnel. For federally funded procurements, it shall also mean a person or entity that is in good standing per the System for Award Management (SAM) database. Responsive bidder means a person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids. Services means the furnishing of labor, time or effort by a vendor, not involving the delivery of a specific end product other than those which are merely incidental to the required performance. This term shall not include employment agreements except agreements with private temporary services. Specification means any description of the physical or functional characteristics or of the nature of a supply or service. It may include a description of any requirement for inspecting, testing or preparing a supply or service for delivery. Using agency means any city department, commission, board, authority or public agency requiring commodities or services procured pursuant to this division. Vendor means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity offering to provide commodities or services to the city.

(Ord. No. 96-864, art. 7, 11-14-1996; Ord. No. 22-221, § 1, 4-14-2022; Ord. No. 24-316, § 1, 5-9-2023; Ord. No. 26-196, § 1, 3-12-2026) (Ord. No. 26-931, adopted 10-22-2026) * Applied from Ord. No. 26-931 (adopted 10-22-2026) as printed in Speakin' Out News (published 10-28-2026); the city has not yet posted the signed ordinance and Municode has not codified it.