Affiliate is defined as any one of the following: (1) any person other than Applicant which owns 25% or more of Applicant, such as parent companies or holding companies; (2) a subsidiary or a firm in which Applicant owns 25% or more; (3) a firm with which Applicant has or has had an unseverable business or professional identity; and (4) any permanent or temporary common business enterprise relationship in which the parties share operating responsibility and profits (such as or joint ventures).
Key Person is defined as any one of the following: (1) any person who owns 5% or more of the Applicant and/or those who make decisions with respect to its operations, finances, or policies, such as the President, CEO, CFO, COO, and in the case of partnerships, the General Partner(s); (2) Corporate Secretaries and Treasurers, as well as Directors, if they meet criteria #1, above; and (3) Division or Regional Business Managers who operate away and independently from the Applicant, but only if the division or regional office is bidding directly with the District.
Organizational Conflict of Interest means a situation in which performance of a previous or current contract with the District may provide the Applicant with an unfair competitive advantage, or the Applicant or any Affiliate has a relationship, which could adversely affect the Applicant‘s ability to fully perform the contract and concurrently to protect the best interests of the District.
Owners are defined as any person or other legal entity who owns 5% or more of the Applicant and who exercise a certain degree of control in the day-to-day operations, finances or policies. For the purpose of this Application, shareholders of publicly traded companies are excluded, provided they do not participate in the day-to-day management of the firm.
Project Team Members are those employees of the firm who will be directly involved in the execution and management of the project.
Personal Conflict of Interest means a business or financial interest of any Key Person that could adversely affect the ability of the individual to fully perform the contract in a manner consistent with the best interests of the District.
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