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Where the Director enters into contracts on behalf of the County, the contracts, including purchase orders, shall be prepared, issued, distributed, and filed in the manner and on forms or electronic systems prescribed by the Director.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 10406 (N.S.), effective 2-4-16)
The Director is authorized to prepare rules, regulations, and procedures implementing and supplementing the applicable statutes, provisions of this Code and Board Policies relating to the performance of Purchasing and Contracting functions. A copy of such rules and regulations and of any and all amendments thereto shall be posted on the County's Internet site.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 9836 (N.S.), effective 4-12-07; amended by Ord. No. 10406 (N.S.), effective 2-4-16)
The Director may permit, subject to requirements of this section and subject to such terms and conditions that the Director may prescribe, any public entity including any municipal corporation, school or other special district to participate in procurements or contracts entered into by the Director of Purchasing and Contracting to participate in surplus personal property sales.
1. The public agency shall file with the Director a certified copy of the legal authority or resolution of its governing body requesting that it be authorized to participate in such contracts or periodic sales.
2. The public agency shall:
(a) Make all purchases or sales in its own name and for public purposes only.
(b) Be responsible for payments directly to the vendor in the case of purchases, and be liable for all sales, excise and other taxes incident to the purchase or sale.
(c) Agree that it will be bound by the requirements of this section and such terms and conditions that the Director of Purchasing and Contracting may prescribe.
(d) Not have under consideration at the time it makes its request any bids or quotations from other vendors for like purchases or sales.
3. Appropriate surcharges may be collected from other public entities listed above to offset the pro rata costs for sales administered by the County; administration of contracts for agencies utilizing but not a joint named participant in a cooperative contract; and the procurement and inventory management of stores items.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 10406 (N.S.), effective 2-4-16)
(a) For the purposes of this Section, the following definitions shall apply:
(1) "Contractor" shall mean and include a contractor, subcontractor, material supplier, carrier or other person or firm engaged in the completion of a construction project.
(2) "Construction project" shall mean and include any project for the construction, rehabilitation, alteration, conversion, extension, maintenance, repair, or improvement of any structures or real property.
(3) "Project labor agreement" shall mean any pre-hire, collective bargaining or similar type of agreement entered into with one or more labor organizations, employees or employee representatives that establishes the terms and conditions of employment on a construction project.
(b) Except as otherwise required by State or federal law as a contracting or procurement obligation or as a condition of the receipt of State or federal funds, the County shall not require a contractor on a construction project to execute or otherwise become a party to a project labor agreement as a condition of bidding, negotiating, award or performance of a contract.
(c) Nothing in this Section shall be construed as prohibiting private parties that may perform work on County construction projects from entering into project labor agreements or engaging in activity protected by law.
(Added by Ord. No. 10038 (N.S.), effective 4-1-10)
(a) In order to promote integrity in the County's contracting processes and to protect the public interest, the County shall only do business with responsible persons who do not have recurring non- performance or other egregious behavior.
(b) Sections 429 through 429.15 set forth the grounds for suspension and/or debarment of a person contracting or seeking to contract with the County.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
For purposes of Sections 429 through 429.15:
"Adequate Evidence" means information sufficient to support the reasonable belief that a particular act or omission has occurred.
"Affiliate" means:
(a) the assignee, successor, subsidiary, or parent company, of another person; or,
(b) a controlling stockholder of a person; or,
(c) a person who has the same or similar management of the debarred corporate or other legal entity; or,
(d) a person who directly or indirectly controls, or has the power to control, another person, or is directly or indirectly controlled by another person. Indicators of control include interlocking management or ownership, identity of interests among relatives, shared facilities and equipment, and common use of employees; or,
(e) a business entity that has the same or similar management, ownership or principal employees as the contractor that was debarred, suspended or proposed for debarment, or the debarred person or the business entity operates in a manner designed to evade the application of Sections 429 through 429.15 or to defeat the purpose of these sections.
"Contract" means any written agreement between the County and a person for public works, goods, services, or franchise.
"Contractor" means a person who: contracts or has contracted with the County to provide public works, goods, services, or franchise; directly or indirectly, such as through an affiliate, submits or may be reasonably expected to submit offers, bids, proposals, information, or qualifications for a contract or subcontract under a contract; is awarded a contract; conducts business or reasonably may be expected to conduct business with the County as an agent or representative of another person; or otherwise seeks award of a County contract. The term contractor includes a subcontractor, vendor, franchisee, consultant, or any of their respective officers, directors, shareholders, partners, managers, employees, or other individuals associated with the contractor, subcontractor, consultant, or vendor.
"Controlling Stockholder" means a stockholder who:
(a) owns more than 25% of the voting stock of a corporation; or,
(b) notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation.
"Debar" or "Debarment" means an action taken by the County or other public entity that results in a contractor being prohibited from any of the following: bidding on, proposing on, or otherwise offering to perform work on a contract; being awarded a contract; or performing work on a contract for a defined period of time. A contractor subject to such prohibition is debarred.
"Department" means a County department acting through the department director or designee.
"Director of the Department of Purchasing and Contracting" means the County of San Diego Director of the Department of Purchasing and Contracting or his or her designee.
"Independent Hearing Officer" means a person who has been appointed as a County Hearing Officer pursuant to Article XXXIII of the San Diego County Code of Administrative Ordinances.
"Management" means the officers, partners, owners, foremen, or other individuals responsible for a corporate or other legal entity's financial and operational policies and practices.
"Person" means a natural person as well as a body of persons or an entity (such as a corporation) considered as having many of the rights and responsibilities of a natural person and including but not limited to the capacity to sue and be sued. In addition, if a person is a corporate or other legal entity, it includes individuals who constitute the person's management.
"Preponderance of the Evidence" means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.
"Prime Contractor" means a person who enters into a contract directly with the County.
"Relative" means:
(a) an individual related by consanguinity within the third degree as determined by the common law; or,
(b) a spouse; or,
(c) an individual related to a spouse within the third degree as determined by the common law; or,
(d) an individual in an adoptive relationship within the third degree as determined by the common law; or
(e) any individual considered to be "family" in commonly used and understood terms of the word.
"Subcontractor" means:
(a) a person who contracts directly with a prime contractor but not directly with the County; or,
(b) any person under contract with a prime contractor or another subcontractor to provide any form or type of public work, good, service, and/or franchise to the County.
"Suspend(ed)" or "Suspension" means the debarment of a contractor for a temporary period of time pending the completion of an investigation and any proceedings before an Independent Hearing Officer and any appeals therefrom.
The term "state" shall mean any state that is a part of the United States of America and the District of Columbia.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(a) Sections 429 through 429.15 establish procedures for determining whether a contractor is to be debarred, suspended, or both, and set forth the grounds for debarment and suspension.
(b) Sections 429 through 429.15 provide that a list of debarred and suspended persons is to be created and maintained by the Department of Purchasing and Contracting. It further delineates the consequences of a person's debarment and suspension.
(c) The Director of the Department of Purchasing and Contracting shall adopt procedures and processes to implement Sections 429 through 429.15, including procedures for the conduct of debarment hearings, suspension meetings, and appeals.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
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