Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 M. Local Business Enterprise or LBE: an economically independent and continuing business performing a Commercially Useful Function (as defined above in paragraph (as defined above in paragraph D) for profit, which is located within Alameda County and which can establish each of the following criteria: 1. The business must be located at a fixed commercial or residential address which constitutes a business location and where administrative, clerical, professional or productive work is being performed, relative to its contracts, and not a temporary or movable office, a post office box or a telephone answering service; 2. If the business has an office outside of Alameda County as well as an office within Alameda County, the office within Alameda County must be staffed on a full time, permanent basis with someone in the employ of the business; 3. The location of the business must have been within Alameda County for at least one (1) year prior to the award date; 4. The business must have a valid business license or tax certificate from its respective city or Alameda County dated at least one (I) year prior to the award date; 5. The business must have proof of one or more past contracts citing the business address; 6. The business shall be considered bona fide if the business' ownership interests are real and continuing and not created merely for the purpose of meeting the objectives of the Authority's LBE /SLBE Program; and 7. The business may not act as a passive conduit without contributing an added value or actual portion of the work awarded. N. Measure B: the local initiative approved by the voters of Alameda County in 2000 to levy a one -half (1 /2) cent sales and use tax on purchases within the County to finance certain capital transportation and transit projects as set forth in the Expenditure Plan attached and incorporated by reference into Measure B. This measure authorized the creation of the Authority to administer the implementation of Measure B. A copy of Measure B, including the Expenditure Plan, is available at the Authority's office. 0. Participation: where a Prime Contractor utilizes one or more LBEs or SLBEs to meet the Authority's LBE and SLBE subcontracting requirements, the Prime Contractor may only count towards its subcontracting goals those expenditures to LBEs and SLBEs firms that perform a Commercially Useful Function. P. Prime Contractor: any person(s), firm, partnership, corporation, or Joint Venture who submits a Bid to perform and/or enters into a Contract with a Sponsoring Agency or the Authority to perform Construction Work or professional services. Prime Contractors shall perform at least thirty percent (30 %) of the Construction Work or professional services under the Contract. A lameda County Transportation Improvement Authority Page E -4 Local Business Enterprise and Small Local Business Enterprise Program