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Unless the provisions of contract otherwise requires, these definitions govern the construction of this Article:
(a) "Contract" means a purchase order, offer and acceptance, lease agreement or other arrangement creating an obligation to which the County is a party and would bring the other party within the definition of a vendor.
(b) "Subcontractor" means any person who agrees with any vendor who has a contract with the County of San Diego to furnish supplies, goods or services to such vendor with respect to such contract.
(c) "Contract documents" means any document or group of documents which constitute or form a part of a contract.
(d) "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, or any other group or combination acting as a unit. A "Person" does not include a public agency.
(e) "Vendor" means all persons who provide, or offer to provide to the County, labor, equipment, materials or services of any kind or type, pursuant to a purchase order from the Purchasing Agent of the County or pursuant to a contract awarded by the Board of Supervisors; service contractors performing services for the County; all banks or institutions which receive money for deposit from the County other than the Treasurer; all persons who lease real property from the County; all persons who lease equipment from the County; and all persons who receive grant moneys pursuant to a contract awarded by the Board of Supervisors.
(f) "Competent" means possessing the requisite abilities and skills to perform the duties and tasks required of the position.
(g) "Local labor market" means the entire San Diego County labor market.
(h) "Good-faith efforts" means efforts made in sincerity and with genuine purpose to hire and promote disabled employees when opportunities exist for employment and for promotion. Good-faith efforts are evidenced by the vendor taking the positive steps and procedures set forth in Section 84.9 to recruit, employ, train, upgrade and retain disabled persons and also by including the specific, detailed documentation in instances of failure.
(i) "Disabled person" means any person who (1) has a physical or mental impairment which substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment.
(j) "Physical or mental impairment" means (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organ; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (2) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(k) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(l) "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(m) "Is regarded as having an impairment" means (1) has a physical or mental impairment that does not substantially limit major life activities but that is treated by a vendor as constituting such a limitation; (2) has a physical or mental impairment that substantially limits major life activities only as the result of the attitudes of others toward such impairment; or (3) has none of the impairments defined in paragraph (1) of this section, but is treated by a vendor as having such an impairment.
(n) "Facility" means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property.
(o) Director means as follows: The Director of the Department of General Services of the County of San Diego or staff designee where the subject agreement is a lease for real property, and the Director of the Department of Purchasing and Contracting for all other County Contracts subject to this Section.
(Amended by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4687 (N.S.), effective 5-6-76; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 5099 (N.S.), effective 3-16-78; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 7833 (N.S.), effective 12-13-90; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 10405 (N.S.), effective 2-4-16; amended by Ord. No. 10574 (N.S.), effective 12-13-18)