Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 Authority. This clause applies to both LBE /SLBE and non - LBE /SLBE Subcontractors. XVI1. PENALTIES AND SANCTIONS When the Authority or a Sponsoring Agency awards a Contract subject to this LBE /SLBE Program and the Authority and /or Sponsoring Agency has cause to believe that any bidder, Prime Contractor or Subcontractor has willfully failed to comply with any of the provisions of this LBE /SLBE Program, either may conduct an investigation. If, based on this investigation the Authority or the Sponsoring Agency (with the advice and consent of the Authority) finds non - compliance, the investigating entity will provide the Prime Contractor or Subcontractor with notice and an opportunity to be heard, and the Authority and Sponsoring Agency may impose the sanctions described below for each violation of this LBE /SLBE Program. In order to complete its investigation, the Authority may require such reports, information and documentation from bidders, Prime Contractors, Subcontractors, and the Sponsoring Agency as are reasonably necessary to determine compliance with the requirements of this LBE /SLBE Program. if the Authority investigates and finds willful non - compliance, the Authority shall send a written notice to the Sponsoring Agency, if any, that a determination of a bad faith non- compliance has been made. The sanctions that may be imposed for each violation of this LBE /SLBE Program are as follows: 1. imposing a fine; 2. suspending the Contract; 3. rescinding the Contract based upon a material breach of contract pertaining to LBE and SLBE utilization; 4. disqualifying a bidder, contractor, or other business from eligibility for providing goods or services to the Authority for a period not to exceed two years. XVIII. REPORTING REQUIREMENTS Each Sponsoring Agency will provide a report on a quarterly basis to the Authority which indicates (i) all Contracts and subcontracts awarded to LBEs and SLBEs, and (ii) all payments made to LBE, SLBE and other firms, during the reporting period for all Measure B funded projects. Prior to awarding any Constriction Contract or any Professional Services Contract with a fee of $50,000 or more, the Sponsoring Agency shall provide the Authority with a report of the extent to which the proposed recipient has met the applicable Goals for LBE and SLBE participation and /or documentation of Good Faith Efforts in accordance with Section XI of this program. Alameda County Transportation Improvement Authority Page E -16 Local Business Enterprise and Small Local Business Enterprise Program