Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 IV. POWERS AND DUTIES OF THE AUTHORI'T'Y In addition to the powers and duties enumerated elsewhere in this Program, the Authority will do the following: A. The Authority may mediate disputes relating to payment between Prime Contractors and Subcontractors. When such a dispute arises, any party to the dispute may contact the Authority and request assistance. The Authority will investigate each party's contentions and work with both to resolve the dispute. B. When the Authority determines that it has reason to believe that an organization has committed fraudulent acts in representing that it is an LBE or SLBE the Authority may debar the organization from participating in Measure B funded Contracts, enforce any of the penalties set out in Section XVII below, and /or report such fraudulent organizations to the appropriate government authorities. V. RESPONSIBILITIES OF SPONSORING AGENCIES Sponsoring Agencies are public entities receiving funds from the Authority for use on Alameda County projects designated in Measure B. A Sponsoring Agency may administer some or all of the design and construction of a Measure B project under the oversight and fiscal control of the Authority. It shall be the responsibility of the Sponsoring Agency to ensure that Bids received by the Agency adhere to the procedures and provisions set forth in this LBE /SLBE Program. On a case -by -case basis, the Authority may decide that a given Contract awarded by a Sponsoring Agency shall be subject to the Sponsoring Agency's own local preference program rather than this LBE /SLBE Program. VI. ESTABLISHMENT OF COALS A. LBE Coals. It is the Authority's policy to encourage businesses to locate and remain in Alameda County, to employ residents of Alameda County and to spend Measure B revenues within the County since Measure B funds are generated from Alameda County sales tax receipts. To implement this policy, the Authority is establishing Program Goals for Participation by LBEs. The LBE Goals are to award sixty percent (60 %) of all Construction Contract dollars, and seventy percent (70 %) of all Professional Services Contract dollars, on an annual basis, to firms who qualify as LBEs. The LBE Goal for Construction Contracts shall be met by the Prime Contractor on each Construction Contract awarded by the Authority or Sponsoring Agency where such Contract is solely funded with local funds. The LBE Goal for Professional Services Contracts shall be met by the Prime Contractor on each Professional Services Contract in excess of Fifty Thousand Dollars (550,000) awarded by the Authority or Sponsoring Agency, where such Contract is solely funded with local funds. No Contract will be awarded to a Prime Contractor who has failed to meet the applicable LBE Goal in its Bid or other required submittal unless the Prime Contractor first proves it made a Good Faith Effort to meet the LBE Goal but was not able to do so. Alaineda County Transportation Improvement Authority Page E -6 Local Business Enterprise and Small Local Business Enterprise Program