§ 10-2-101. DEFINITIONS.

(a)

In general. In this title the following words have the meanings indicated.

(b)

Agency.

(1)

"Agency" means any department, agency, commission, bureau, office, county-related agency, or other unit in the county established under the Code.

(2)

"Agency" includes:

(i)

The County Board of Supervisors of Elections;

(ii)

The County Sheriff's Office;

(iii)

The County Office of State's Attorney; and

(iv)

A department or agency created by or operating under the public general laws of the state to the extent that:

1.

The provisions of this title may apply to the department or agency by law; or

2.

The department or agency requests the provisions of this title to apply to it.

(c)

Bidder. "Bidder" includes:

(1)

The bidder's principal stockholders, partners, shareholders, members, officers, and directors if the bidder is a corporation, partnership, limited liability company, or an association; and

(2)

Subcontractors identified in the bid.

(d)

Capital improvement.

(1)

"Capital improvement" means a public improvement undertaken by the county.

(2)

"Capital improvement" includes:

(i)

The construction or rehabilitation, in whole or in part, of a road, bridge, street, building, or water, sewer, or stormwater facility or any similar physical structure or facility necessary in carrying out the activities of the county government; or

(ii)

A repair or maintenance project undertaken by the county to restore service, buildings, infrastructure, or facilities if the project would extend or renew the service life of the building, infrastructure, or facility for a period equal to the average life of the county's long term debt issuances or longer.

(e)

Commodity.

(1)

"Commodity" means an article of trade or value, an item that is bought or sold, or any moveable or tangible item that is produced or used as the subject of trade or commerce.

(2)

"Commodity" includes goods, materials, equipment, and supplies.

(f)

Emergency. "Emergency" means the necessity for the immediate purchase of commodities or services essential to protect the life, health, or safety of the public.

(g)

Local bidder.

(1)

"Local bidder" means a bidder whose principal office is located in the county or whose principal business is conducted in the county as compared with a bidder whose principal office or principal business is not located in or conducted in the county.

(2)

If there is no county bidder, "local bidder" means a bidder whose principal office is located in the state or whose principal business is conducted in the state as compared with a bidder whose principal office or principal business is not located or conducted in the state.

(h)

Professional capital improvement services. "Professional capital improvement services" means services within the scope of the practices of architecture, landscaping, professional engineering, or land surveying associated with a capital improvement.

(i)

Purchasing agent. "Purchasing agent" means the Director of Budget and Finance.

(j)

Services.

(1)

"Services" means the rendering of time, effort, or work on behalf of the county.

(2)

"Services" includes professional, personal, or contractual services provided by accountants, appraisers, attorneys, consultants, and physicians when the service is associated with the provision of expertise or labor.

(3)

"Services" does not include:

(i)

Except for reports incidental to the rendering of services, the furnishing of a physical product;

(ii)

Capital improvement services;

(iii)

The rendering of time, effort, or work that is integral or incidental to the purchase of commodities, including, but not limited to, conversion and training to use computer software, carpet installation, and food production services;

(iv)

Maintenance contracts that do not exceed $25,000 annually regardless of form;

(v)

Contracts for institutional care under the return-diversion program or any successor program;

(vi)

Contracts for employment training with providers, approved by the County Council by resolution, to provide employment training; and

(vii)

Software maintenance purchased at the time software is purchased.

(1988 Code, § 15-78, 15-84) (Bill No. 171, 1989, § 1, 1-20-1990; Bill No. 69-95, § 6, 7-1-1995; Bill No. 49-96, § 7, 7-1-1996; Bill No. 65-98, § 1, 7-10-1998; Bill No. 62-99, § 1, 8-6-1999; Bill No. 83-00, § 2, 7-1-2004; Bill No. 75-01, § 1, 10-5-2001; Bill No. 12-03, § 1, 5-3-2003; Bill No. 72-03, §§ 8, 9, 7-1-2004)