The Board of Supervisors finds that it benefits the County to promote and facilitate the fullest possible participation by all business and individuals in the County's affairs. It is also essential that opportunities be provided for full participation in our free enterprise system by small business enterprises. Further, it is the policy of the Board of Supervisors that the County shall aid and assist, to the maximum extent possible, the interests of small business concerns in order to preserve free competitive enterprise and to ensure that a fair proportion of the total purchases and contracts for the County be placed with such enterprises.

The purpose of this chapter is to implement a policy that encourages the employment of small businesses as prime contractors and/or subcontractors for County public works projects. This preference is race and gender neutral and designed to enhance contracting opportunities for small businesses. It is the intent of this chapter to promote the development of, and facilitate the inclusion of, small businesses on County public works projects.

(Ord. 2010-004 § 1 (part), 2010)

The following words or phrases as used in this Chapter shall have the following meanings:

1. "Contractor" means any person or entity that pursuant to a written agreement or purchase order provides labor or materials on public works projects for the County.

   2. "Days" means calendar days unless otherwise specified.

   3. "Microbusiness" or "MB" means a business certified by the county as an MB in accordance with this chapter.

   4. "Public Works Contract" means the definition as contained in Section 1101 of the California Public Contracts Code as amended or supplanted.

   5. "Small business" or "SB" means a business certified by the County as an SB in accordance with this chapter.

   6. "Solicitation" means the County's process for obtaining bids or obtaining prices for purchase orders.

   7. "Subcontractor(s)" means any person or company that assumes by secondary contract some or all of the obligations of the original Contractor.

• (Ord. 2010-004 § 1 (part), 2010)

The provisions of this chapter shall not apply under the following circumstances:

1. Whenever a state or federal law or regulation applicable to a particular contract prohibits the provision of a small business preference; or

2. Whenever the County, in accordance with the requirements of this Code or state law, determines that the contract is necessary to respond to an emergency which endangers the public health, safety or welfare.

(Ord. 2010-004 § 1 (part), 2010)

1. The Community Development Director or his or her designated contract administrator shall be responsible for certifying a business as a small business (SB) and shall maintain records of all certified businesses and their participation on County public works projects.

2. To qualify for certification as an SB, a business must present satisfactory documentation to the County establishing the following as true:

   1. The business had 20 or fewer employees immediately preceding the date of the bid Advertisement by the county, and

   2. The business has average annual gross receipts of three million dollars ($3,000,000) or less over the previous three tax years.

3. Every bidder for a public works project who requests the SB preference must complete and sign under penalty or perjury a Request for Certification as a Small Business, on the form provided in the county's bid package, and submit the request with the sealed bid no later than the date and time of the scheduled bid opening. Bidders shall attach to the Request documentary evidence supporting bidder's qualification as an SB.

(Ord. 2010-004 § 1 (part), 2010)

The County Administrative Officer will investigate any complaint of eligibility received by the County concerning the Small Business Preference. Based upon the County Administrative Officer's finding, a written determination will be issued to the appellant. The Appellants shall have the right to appeal the decision of the

county Administrative Officer to the Boars of Supervisors. The decision of the Board of Supervisors shall be final.

(Ord. 2010-004 § 1 (part), 2010)

1. The information furnished by each solicitation respondent requesting the SB Preference shall be under penalty of perjury.

2. No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, or attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as an SB for the purposes of this chapter.

3. No person shall willfully and knowingly make a false statement, with the intent to defraud, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as an SB.

4. A business which has obtained County certification as an SB by reason of having furnished incorrect supporting information or by reason having withheld information, and which knew, or should have known that the information furnished was incorrect of the information withheld was relevant to its request for certification, and by reason of such certification has been awarded a contract to which it would have other wise been entitled shall:

   1. Pay to the County any difference between the contract amount and what the County's costs would have been if the contract had been properly awarded;

   2. At the option of the County, be subject to having all or part of the contract Terminated; and

   3. Be ineligible to transact any business with the County for a period of one year.

(Ord. 2010-004 § 1 (part), 2010)

1. In order to facilitate the participation of small businesses in County contracts for public works projects, the County shall provide for small business preferences in such contracts where responsibility and quality are equal.

2. In solicitations where an award is to be made to the lowest responsible bidder, the preference to the small business shall be 5% of the bid of the lowest responsible bidder who meets all the required bid specifications and who is not a certified small business.

3. The Small business preference shall apply to solicitations for bids in accordance with the formal bidding procedures set forth in the Public Contract Code or the informal bidding procedures established in Chapter 2.33.085 of this Code.

4. The small business preference shall also apply to all purchases and contracts entered into by the Purchasing Agent as authorized in section 2.33 of the County Code.

5. In order for a business to claim the SB preference, the business mush request the preference in the solicitation response.

(Ord. 2010-004 § 1 (part), 2010)

1. All contractors who submit a bid to the County for a public works project pursuant to formal bidding procedures must make a good faith effort to include qualified Microbusinesses (MB) as subcontractors in sufficient numbers so that no less than Fifty percent (50%) of the contract award amount is allocated to MB subcontractors.

   2. Microbusiness means a business certified as such buy the County. The Community development Director or his or her designated contract administrator shall be responsible for certifying a business as a microbusiness (MB) and shall maintain records of all certified businesses and their participation on County public works projects.

   3. A microbusiness is a subset of the small business definition. To quality for certification as an MB, a business must present satisfactory documentation and a declaration under penalty of perjury to the County establishing the following as true:

      1. Had 10 or fewer employees immediately preceding the date of the bid advertisement by the County; and

      2. Have average annual gross receipts of one million dollars ($1,000,000) or less over the previous three tax years.

   4. A "good faith effort" means the contractor will take the following or similar actions to recruit and employ MB subcontractors on County public works projects:

      1. Contact local recruitments sources to identify qualified microbusinesses;

      2. Advertise for qualified microbusinesses in trade papers and newspapers of general circulations in the County, unless time limits imposed by the County do not permit such advertising;

      3. Develop a written plan to recruit microbusinesses as subcontractors.

   5. Every bidder for a public works projects must complete and sign under penalty of perjury a Certification of Good Faith Efforts to Recruit Microbusinesses as Subcontractors on the form provided in the County's bid package, and submit said Certification with the sealed bid no later than the date and time of the bid opening. Bidders shall attach to the Certificate documentary evidence supporting bidder's promise to make a good faith effort to meet the MB inclusion goal.

   6. The annual gross receipts used to determine whether an entity is a small business or microbusiness provided herein shall be adjusted annually to reflect the increase, if any, in the cost of living during the previous year by adding to the basic amount Obtained by multiplying the annual gross receipts amount by the percentage by which the level of the Consumer Price Index (CPI-U, All Urban consumers, All Items) for the San Francisco-Oakland-Fremont Metropolitan Area, as reported for the last day of that annual review period by the Bureau of Labor Statistics of the United States departments of Labor, had increased over its level as of the date that the contract is entered into.

• (Ord. 2010-004 § 1 (part), 2010)

The County may declare a bid to be nonresponsive under the provisions of this chapter for good cause including, but not limited to, the following circumstances:

1. If a bidder fails to complete and sign under penalty of perjury the Certificated of Good Faith Efforts to Recruit Microbusinesses and to submit the certification with His of her sealed bid no later than the date and time of the bid opening; or

2. If a bidder fails to comply with the good faith efforts requirements set forth in Section 14.30.80(C) herein; or

3. If a bidder or subcontractor listed by the bidder has been disqualified pursuant to Section 14.30.120 herein.

(Ord. 2010-004 § 1 (part), 2010)

During the performance of the contract, the contractor shall keep an accurate record on a standardized form showing the name, principal place of business, and MB certification of all subcontractors employed by the contractor on the specific public works project. Contractor shall make these records available to the County, upon request, within five business days.

(Ord. 2010-004 § 1 (part), 2010)

All forms required under this chapter shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury.

(Ord. 2010-004 § 1 (part), 2010)

If the County finds that a contractor to whom a county contractor for a public works project has been awarded has failed to comply with the good faith effort inclusion provisions of section 14.30.008(C) during the performance of the contract, the County may disqualify the contractor from bidding or being listed in any bid on any county contract for public words for a period of one year from the date of the disqualification. A subsequent violation of this chapter by a contractor may result in disqualification for a period of three years form the date of the subsequent disqualification. The community Development Director shall keep a current list of all disqualified contractors on file.

(Ord. 2010-004 § 1 (part), 2010)

15 Utilities

15 Utilities

15.01 Wireless Communications Facilities

15.04 Underground Utility District

15.08 Sewer System; Definitions

15.12 Sewer System; General Provisions

15.16 Sewer System; Use Requirements

15.20 Sewer System; Construction And Connections

15.24 Sewer System; Design And Construction

15.28 Sewer System; Use Restrictions

15.32 Sewer System; Industrial Wastewaters

15.36 Sewer System; Permits And Charges

15.40 Sewer System; Miscellaneous Provisions

15.44 Sewer System; Enforcement

15.01 Wireless Communications Facilities

15.01.10 Intent 15.01.20 Applicability 15.01.30 Wireless Communications Facilities In County Rights-Of-Way 15.01.40 Wireless Communications Facilities On Private Property