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.t (11 a• n.usa••,r-.• .1% Otw <br />X2026 <br />distinct element of work which the business has the skill and expertise as well as the <br />responsibility of actually performing. managing and supervising. In determining whether a <br />business is pertorming a commercially useful function. factors. including but not limited to <br />J the following. will be considered: <br />5 I. Whether the business has the skill and expertise to perform work for which it <br />6 is beingihas been certified; <br />7 2. Whether the business actually performs. manages and supervises the work for <br />8 which it is beingihas been certified; and <br />9 3. Whether the business purchases goods and/or services from a non <br />10 minority /women's business enterprise and simply resells goods to the county, county <br />11 contractor. or other person doing business with the county for the purpose of allowing <br />12 those goods to be counted towards fulfillment of minorityiwomen's business enterprise <br />13 utilization goals. <br />14 J. "Concession Contracts" shall mean those contractual arrangements for the sale of <br />15 food. beverages and/or items of personal property at any facility owned and/or managed by <br />16 the county. <br />17 K. "Conduit" shall mean a minority/women's business with which a contractor has <br />1 agreed to subcontract, when the minority /women's business does not perform the <br />19 subcontract, and instead the subcontract is performed by a non minorityiwomen's business. <br />20 L. "Contract Awarding Authority" shall mean any person with the power to enter <br />21 into a contractual arrangement binding the county and shall also mean the particular office, <br />22 agency or division on whose behalf the contract is entered. In addition. this term shall <br />23 include. but shall not be limited to heads of county departments. divisions or offices. <br />24 M. "Contractor" shall mean any person, partnership, corporation, or other type of <br />25 business entity which has a contract with the county or serves in a subcontracting capacity <br />26 with an entity having a contract with the county for the provision of goods and/or services, <br />27 including but not limited to consultant, professional, non professional and technical <br />28 services and public work. <br />29 N. "Department" shall refer to any department as defined by county ordinance or <br />30 other applicable law and shall include all county agencies not associated with a department. <br />3 <br />