Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 determining quality and quantity, ordering and installing the materials. To determine whether an LBE or SLBE is performing a Commercially Useful Function, the Authority will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the LBE or SLBE credit claimed for its performance of the work, and other relevant factors. An LBE or SLBE does not perform a Commercially Useful Function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of LBE or SLBE participation. In determining whether an LBE or SLBE is such an extra participant, the Authority will examine similar transactions, particularly those in which LBE or SLBEs do not participate. Han LBE or SLBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the LBE or SLBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice, it will be assumed that it is not performing a Commercially Useful Function. When an LBE or SLBE is presumed not to be performing a Commercially Useful Function as provided above, the LBE or SLBE may present evidence to rebut this presumption. The Authority will determine whether the firm is performing a Commercially Useful Function given the type of work involved and normal industry practices. E. Construction Contract: any Contract between the Authority or a Sponsoring Agency and a person or fimi to provide labor, materials, or equipment for Construction Work. F. Contract: a legally binding relationship obligating a seller to furnish supplies or services (including, but not limited to, Construction and professional services) and the buyer to pay for them. G. Construction Work: all work to be performed by a person or finn to build or construct structures, roadways, or roadway appurtenances for the Authority or the Sponsoring Agency. H. Goals: see LBE Goals and/or SLBE Goals. 1. Good Faith Effort: the steps, set forth in Section XI of this LBE /SLBE Program, undertaken to comply with the goals and requirements imposed by the Authority for participation of LBEs and SLBEs as Subcontractors. J. Joint Venture: an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. Such a Joint Venture may be in the form of a partnership or other multi - entity relationship. K. LBE Goals: the targeted level of Participation for LBEs established by the Authority for Contracts awarded by the Authority and Sponsoring Agencies funded solely by local dollars. L. LBE /SLBE Program: the Authority's Local Business Enterprise and Small Local Business Enterprise Program. Alameda County Transportation Improvement Authority Page E -3 Local Business Enterprise and Small Local Business Enterprise Program