For the purpose of this chapter, the following definitions shall apply:
AFFILIATES. Persons are AFFILIATES if:
(1) One person directly or indirectly controls or has the power to control or influence the decision making of the other;
(2) A third person controls or has the power to control or influence the decision making of both; or
(3) The person(s) has the same or overlapping management, ownership or one or more of the same principals as the other person.
INDICIA OF CONTROL. Includes, but is not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment or common use of employees.
CITY MANAGER. The City Manager of the city or his or her designee.
CONTRACT. Includes, but not be limited to, city contracts, leases, licenses, agreements, purchase orders or lease-purchase agreements for the acquisition of:
(1) Supplies, materials or equipment;
(2) Professional or nonprofessional services;
(3) Public works or construction projects;
(4) Insurance policies or bonds provided in connection with a public works or construction project, a city-sponsored activity or event or a privately-sponsored activity or event at a city-owned, operated or controlled facility; and
(5) Other goods and services.
DISQUALIFICATION. The action taken pursuant to this chapter or by another local, state or federal agency, to disqualify, suspend, prohibit, debar or render a person ineligible to bid upon, solicit, be awarded or perform public contracts or any portion thereof.
HEARING OFFICER. The person appointed by the City Manager to administer the disqualification procedures set forth in this chapter. The HEARING OFFICER need only be a neutral third party and may, but is not required to be, a professional mediator/arbitrator.
LOWEST RESPONSIBLE BIDDER. As used in the Charter of the City of Tulare, LOWEST RESPONSIBLE BIDDER means the lowest bidder, not disqualified, whose offer best responds in quality, fitness and capacity to the requirements of the proposed work or usage, as specified. In determining the LOWEST RESPONSIBLE BIDDER, the following shall be considered, in addition to price:
(1) The quality of supplies offered;
(2) The ability, capacity and skill of the bidder to perform the contract or to provide the supplies or services required;
(3) Whether the bidder can perform the contract or provide the supplies or services promptly, or within the time specified, without delay or interference;
(4) The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or to provide the supplies or service;
(5) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(6) The quality of the bidder's performance on previous orders or contracts for the city;
(7) Litigation by the bidder on previous orders or contacts with the city;
(8) Previous and existing compliance by the bidder with local laws and ordinances relating to the subject of the purchase or contact;
(9) The ability of the bidder to provide future maintenance and service where such maintenance and service is essential.
PERSON. Any person, individual, group, association, firm, corporation, partnership, joint venture company, sole proprietorship, or other entity.
PREDECESSOR-IN-INTEREST. A person whose rights, property or assets and/or debts or obligations are acquired or assumed by another person.
PRINCIPAL. Any officer, director, owner, partner, joint venturer, shareholder, responsible managing officer, responsible managing employee or person with primary management or supervisory
responsibilities, including any person who has a substantial influence or substantive control over performance of a contract.
PUBLIC CONTRACT. Any contract, lease, license, agreement, purchase order or lease-purchase agreement that is awarded or entered into by anyfederal, state or local agency, including the city, or any insurance policy or bond provided in connection with a government public works or construction project, government- sponsored activity or event or privately-sponsored activity or event at a government-owned, operated or controlled facility.
SUCCESSOR-IN-INTEREST. A person who acquires the rights, property or assets and/or assumes the debts or obligations of another person.
(Ord. 2023-08, passed 9-19-2023)