§ 2-261. 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:

Bid, proposal and quotation mean any offer specifically given to the county in response to a solicitation.

Bidder means any business submitting an offer to the county.

Business means any corporation, partnership, individual, sole proprietorship, joint venture, joint stock company or any other legal entity.

Contract means all types of county agreements, regardless of what they may be called, for the purchase of materials, supplies and equipment and professional and contractual services.

Contract management means the negotiations to arrive at an agreement, preparation of contract documents and the servicing of that agreement during its performance as applicable to the services of architects, engineers, land surveyors, construction contractors, construction managers, design-build contractors, maintenance contractors, other technically related service providers and the acquisition of right-of-way or other real property directly related to capital improvement projects.

Contractor means any business having a contract with the county.

Contractual services means and includes all utilities (gas, water, electric, etc.), construction and services which include labor, time or effort.

County manager means the chief administrative officer of the county.

Dollar value means the maximum amount for a purchase that is authorized to be made by designated county officials and the initial dollar value shall be annually adjusted on October 1 of each year if the weighted five-year average increases.

Employment cost index, total benefits, for state and local government workers, all workers (ECI) means a report published by the United States Bureau of Labor Statistics (BLS), which measures the change in the cost of labor, free from the influence of employment shifts among occupations and industries.

Invitation to bid means and includes all documents, whether attached or incorporated by reference, used for soliciting sealed bids.

Local business means a prime contractor or subcontractor duly licensed and authorized to engage in the particular business at issue that maintains a permanent physical place of business in Brevard, Flagler, Lake, Orange, Osceola, Seminole or Volusia County, Florida, and holds a valid local business tax receipt for that place of business, for a minimum of six months prior to the date of submittal of the bid or quote to the county.

Preference means the method of the reducing the proposed bid or quote price by a designated percentage for the sole purpose of determining the lowest price when compared to other prices submitted during a competitive solicitation subject to section 2-269.5.

Prime contractor means the person, firm, corporation or other business entity submitting a bid or quote to the county in response to a competitive solicitation governed by this division.

Producer price index, finished goods (PPI) means a report published by the United States Department of Labor, Bureau of Labor Statistics (BLS), which measures the average change over time in the selling prices received by domestic producers for their output.

Professional services means services as provided by architects, engineers, surveyors and other professionals as designated by the purchasing director, excluding attorneys and expert witnesses.

Purchasing means buying, renting, leasing or otherwise acquiring any supplies, materials and equipment and professional or contractual services, or construction. It also includes all functions that pertain to obtaining any supplies, materials and equipment, and professional or contractual services, or construction, including description of requirements, in conjunction with the using agency, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration, but not including contract management.

Purchasing director and director mean the purchasing director of the county.

Responsible means having the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure good-faith performance.

Responsive means conforming in all material respects to the requirements and criteria set forth in the invitation to bid.

Subcontractor means the person, firm, corporation or other business entity included in the bid or quote of a prime contractor for utilization by that prime contractor.

Supplies means and includes all supplies, materials and equipment.

Using agency means any department, division, agency, commission, board, committee, authority or other unit in the county government procuring supplies, materials or equipment or contractual, professional or construction services as provided for in this division.

Vendor means any business that will be or has been awarded a contract by the county.

Weighted five-year average means the average calculated by: i) using a 60/40 weighting to represent budget expenditures primarily associated with labor and goods/capital (nonlabor), respectively; ii) using ECI and PPI five-year averages last reported by BLS; iii) multiplying the labor weight to the ECI five-year average change; iv) multiplying the nonlabor weight to the PPI five-year average change; and v) totaling the weighted values. Example:

Budget Area	Wt.		BLS 5yr Avg.		Wtd. 5yr Avg.
Labor	60%	x	3.0%(ECI)	=	1.8%
Nonlabor	40%	x	2.0%(PPI)	=	0.8%
Total	100.0%				2.6%

 

(Ord. No. 90-20, § 3, 5-17-90; Ord. No. 2009-07, § I, 3-5-09; Ord. No. 2011-27, § I, 12-1-11)

Cross reference

Definitions and rules of construction generally, § 1-2.