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As used in this Chapter, the following terms shall have the following meanings:

A. "Alternate" means material, supplies, equipment, or services which deviate in respect to features, performance, or use from the brand, model, or specification designated as a standard, whether or not such deviation constitutes an improvement.

B. "Annual Contract" means an agreement between the County and a vendor, entered into pursuant to the formal advertising and Invitation to Bid process, whereby the vendor agrees to supply specified items to the County for a fixed period of time in quantities to be determined by County requirements and at a bid unit price. The annual contract is used whenever historical data indicates a reasonable likelihood that the County will require a quantity of an item costing in excess of the amount required for Invitations to Bid.

C. "Architectural/Engineering Services" mean services performed by any person, other than by an employee of Pierce County, which are within the scope of services regulated by Chapters 18.08, 18.43, and 18.96 RCW.

D. "Bid" means an offer to perform a contract to purchase or supply material, equipment, services, or supplies in response to a formal solicitation.

E. "Bidder" means one who submits a bid.

F. "Blanket Contract" means an agreement between the County and a vendor that said vendor shall supply any and all goods or services merchandised by that vendor for a one-year period in quantities to be determined by County requirements and indicated on purchase requisitions. The cost of such goods or services shall be as set forth in a pricing policy submitted by the vendor at the time of contracting. Blanket Contracts entered into without formal advertising or bidding, are for the convenient purchase of low-cost items and no individual requisition shall exceed $2,499.99.

G. "Business Entity" means any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit with the County. The term business entity shall include, but not be limited to partnerships, corporations, contractors, and subcontractors doing business with the County.

H. "Compost Products" shall have the meaning defined in RCW 43.19A.010, as now or hereinafter amended.

I. "Contractor", for purposes of PCC 2.106.022 and 2.106.025, means a person, employer, or business entity that enters into a contract or an agreement with the County to perform any service or work or to provide a certain product in exchange for valuable consideration. For purposes of PCC 2.106.022 and 2.106.025, the term "contractor" shall not include government agencies; legal, architectural and engineering service providers; those whose contracts would be exempt from competitive bidding under PCC 2.106.060 B.; those whose contracts issue under PCC 2.106.070; those whose supplies and services are purchased under PCC 2.106.410; regulated providers of insurance, bonding, banking, or investment services; or public utilities.

J. "Contracts for Public Works" includes all contracts for work, construction, alteration, repair, or improvement to real property, other than ordinary maintenance, as defined by RCW 39.04.010.

K. "County" means the offices of the Executive, the County Council, the Superior and District Courts, Prosecuting Attorney, the Assessor-Treasurer, the Auditor, and all other administrative and appointive offices serving under the supervision or at the pleasure of any of the above.

L. "Council" means the Pierce County Council, the legislative body of Pierce County.

M. "County Purchasing Agent" referred to in this Chapter as "Agent" is the designee of the Executive charged with procurement of all supplies, materials, equipment, and services for the County with the exception of contracts for public works for public roads.

N. "Description" means identifying information distinctly and plainly set forth and sufficiently portrayed and explained to insure that the product or service under consideration is uniquely identified.

O. "E-Verify" shall mean the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. No. 104-208, Division C, Title IVY s. 403(a), as amended, and operated by the United States Department of Homeland Security, or a successor electronic verification of work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees pursuant to the Immigration Reform and Control Act of 1986, Pub. L. No. 99-603.

P. "Emergency Purchase" means a purchase made in response to unforeseen circumstances beyond the control of the County which present a real, immediate, and material threat to the public interest or property of the County.

Q. An "Equal" is material, equipment, supplies, or services which are equal to or exceed the quality, performance, and use of the brand, model, or specifications designated as the standard.

R. "Executive" is the County Executive.

S. An "Informality" or "Irregularity" is one which is merely a matter of form or is some immaterial variation from the exact requirements of the Invitation for Bids, having no effect or merely a trivial or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders.

T. "Invitation to Bid" means the procedure used in the formal sealed bid procedure.

U. "Legal Newspaper" means the official County Newspaper as required by RCW 36.72.075.

V. "Project" means a task sufficiently specific to limit the services to only those services required to accomplish the specific task. Pricing agreements which require that each future request for specific services shall be approved under PCC 2.106.070 as an emergency shall be exempt from this limitation.

W. "Purchase" includes leasing or renting.

X. "Purchaser" means the County of Pierce and the department or agencies using the material, equipment, supplies, or services purchased.

Y. "Request for Quotation" means the procedure used when purchases are solicited in accordance with RCW 36.32.245. The request and the quote in response may be either written or oral as specified by the Agent.

Z. "Single source purchase" means a purchase of goods or services which can be obtained from only one known vendor.

AA. "Specifications" means the explicit requirements furnished with an Invitation to Bid or Request for Quotation upon which a purchase order or contract is to be based. Specifications set forth the characteristics of the equipment, material, supplies, or services to be purchased or sold to enable the bidder or vendor to determine and understand that which is to be supplied or sold. This information may be either in terms of physical characteristics or performance requirements or both.

AB. "Unauthorized Alien" means a person who is unauthorized to be lawfully employed in the United States, pursuant to 8 U.S.C. § 1324a(h)(3). The County shall not conclude that a person is an unauthorized alien unless and until an authorized representative of the County has verified with the Federal government, pursuant to 8 U.S.C. § 1373(c), that the person is an unauthorized alien.

AC. "Vendor" means supplier of goods and/or services.

(Ord. 2023-10 § 1, 2023; Ord. 2009-74s § 1 (part), 2009; Ord. 94-114S § 1 (part), 1995; Ord. 81-31 § 2 (part), 1981; Prior Code § 2.04.020)