Contracting Out Protocol and Charter Section 117(c) Alternative to Managed Competition Program Sample Clauses

Contracting Out Protocol and Charter Section 117(c) Alternative to Managed Competition Program. The City and the Union agree to the following process under San Diego Charter (Charter) section 117(c), to allow for the Union’s input into the City’s review of proposed contracts with any independent contractor to provide City services that classified Union-represented employees may also perform. This process is not intended to supersede the Managed Competition Guide, approved by the San Diego City Council, by Ordinance O-19995 (Oct. 12, 2010). The process set forth here is intended to be consistent with Charter section 117(c), and is not intended to broaden, enlarge, narrow, or limit the scope or effect of Charter section 117(c). This process is also intended to be consistent with and not intended to supersede or conflict with Charter section 94 relating to public works contracts, Charter section 28 relating to employment of experts and consultants, and all applicable San Diego Municipal Code provisions and other state and local provisions relating employment of independent contractors to provide services to the City. The process set forth here is intended to be used to review proposed contracts for discrete functions, including contracts between the City and any contractor that are expiring or that the City wants or needs to amend. This process also applies if the City wants to enter into a new contract for services that can be performed by Union-represented classified employees, such as landscaping, brush management, or other services, even though the services are not currently being performed by Union-represented classified employees nor have been performed by them in the past. Consistent with the City’s Management Rights set forth in Article 11, which include the right to determine the methods, means and personnel by which government operations are to be conducted, it is within the City’s discretion to determine whether services can be performed by Union-represented classified employees. But in making that determination, the City will use objective information, including the descriptions of job duties and qualifications set forth in the San Diego Civil Service Commission’s class specifications, current budget allocations, staffing levels, and service priorities. The following steps will be taken when the City and the Union utilize Article 10 of this MOU: Step One: A City Department (1) identifies an expiring contract that needs to go through a new contracting process, (2) requests a new contract, which is defined as one that does not presently exist ...
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