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Procurement Contract No. 16383 <br />a. CONTRACTOR must be a certified small or emerging local business(es) or <br />subcontract a minimum 20% with a certified small or emerging local <br />business(es). <br />b. SLEB subcontractor(s) is independently owned and operated (i.e., is not <br />owned or operated in any way by Prime), nor do any employees of either <br />entity work for the other. <br />C. Small and/or Emerging Local Business participation and current SLEB <br />certification status must be maintained for the term of the contract. <br />CONTRACTOR shall ensure that their own certification status and/or that <br />of participating subcontractors (as is applicable) are maintained in <br />compliance with the SLEB Program. <br />d. CONTRACTOR shall not substitute or add any small and/or emerging local <br />business(s) listed in this agreement without prior written approval from the <br />COUNTY. Said requests to substitute or add a small and/or emerging local <br />business shall be submitted in writing to the COUNTY department contract <br />representative identified under Item #13 above. CONTRACTOR will not <br />be able to substitute the subcontractor without prior written approval from <br />the Alameda County Auditor Controller Agency, Office of Contract <br />Compliance (OCC). <br />e. All SLEB participation, except for SLEB prime contractor, must be tracked <br />and monitored utilizing the Elation compliance System. <br />COUNTY will be under no obligation to pay CONTRACTOR for the percent <br />committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is <br />not performed by the listed small and/or emerging local business. <br />For further information regarding the Small Local Emerging Business <br />participation requirements and utilization of the Alameda County Contract <br />Compliance System contact OCC via e-mail at ACSLEBcompliance&ac ov.org. <br />22. FIRST SOURCE PROGRAM: For contracts over $100,000, CONTRACTOR <br />shall provide COUNTY ten (10) working days to refer to CONTRACTOR, <br />potential candidates to be considered by CONTRACTOR to fill any new or vacant <br />positions that are necessary to fulfill their contractual obligations to the COUNTY <br />that CONTRACTOR has available during the contract term before advertising to <br />the general public. <br />23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of <br />California. <br />Page 13 of 17 <br />