§ 4.04.050. Definitions.

A.

The words defined in this Section shall have the meanings set forth below wherever they appear in this code unless:

1.

The context in which they are used clearly requires a different meaning; or

2.

A different definition is prescribed for a particular Article or provision.

B.

The Standards Board may, by regulation, provide more specific definitions.

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

"Change order" means any written alteration in specifications, scope of construction, delivery point, rate of delivery, period of performance, price, quantity or other provision of any contract.

"Construction" means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.

"Contract" means all types of metropolitan government agreements and contracts, regardless of what they may be called, for the procurement or disposal of supplies, services or construction.

"Contractor" means any person having a contract with the metropolitan government.

"Data" means recorded information, regardless of form or characteristic.

"Designee" means a duly authorized representative of a person holding a superior position.

"Electronic" means electrical, digital, magnetic, optical, electromagnetic, and any similar technology.

"Employee" means an individual drawing a salary as other compensation for personal services from the metropolitan government, whether elected or not, but does not include independent contractors.

"May" denotes the permissive.

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

"Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

"Public notice" means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods will often include publication in newspapers of general circulation, electronic or paper mailing lists, and Web sites(s) designated by the metropolitan government and maintained for that purpose.

"Purchasing agent" means the head of the Division of Purchases created and provided for by the Metropolitan Charter, Section 8.108.

"Regulation" means a governmental body's statement, having general or particular applicability and future effect, designed to implement, interpret or prescribe policy, or describing organization, procedure of practice requirements which have been filed with the metropolitan clerk.

"Services" means the furnishing of labor, time or effort by a contractor, not primarily involving the delivery of a specific end product other than reports. This term shall not include employment agreements.

"Shall" denotes the imperative.

"Signature" means a manual or electronic identifier or the electronic result of an authentication technique, attached to or logically associated with a record, that is intended by the person using it to have the same force and effect as a digital signature.

"Supplies" means all property, including but not limited to equipment and materials.

"Using agency" means any department, board, commission or agency of the metropolitan government which uses any supplies, services, or construction procured under this code.

"Written" or "in writing" means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

(Ord. 2002-1232 § 3 (part), 2002; Ord. 92-210 § 1 (1-301), 1992)