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Reso 2002-131 to 135
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Reso 2002-131 to 135
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/2002
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ACTIA 2002-26.01 <br />• Providing services to help LBEs and SLBEs and other small businesses improve long- <br />term development, increase opportunities to participate in a variety of kinds of work, <br />handle increasingly significant projects, and achieve eventual self-sufficiency. <br />IX. CERTIFICATION OF LBE AND SLBE FIRMS <br />A. Certification. LBEs and SLBEs must be certified prior to Bid opening, except as <br />otherwise approved by the Authority on a case by case basis, to determine whether the Prime <br />Contractor has met the applicable LBE and SLBE Goals. A business seeking to be certified as <br />an LBE or an SLBE must submit an application to the Authority. Each business seeking <br />certification under this Program shall complete an application. The application shall be signed <br />by the authorized representative of the business entity. If deemed appropriate, the Authority may <br />conduct a site visit before certifying the firm. <br />B. Recertification. Authority certification of an LBE or SLBE is valid for one (1) <br />year from the month of certification and must be renewed annually. A certified LBE or SLBE <br />shall initiate a streamlined annual recertification by submitting a written request to the Authority <br />and stating, under penalty of perjury, that there has been no change in the ownership of the firm. <br />A certified LBE or SLBE need not submit a new application for certification unless the firm does <br />not make such a request for the streamlined annual recertification or if the annual recertification <br />is denied. <br />C. Investigations and Challenges of LBE or SLBE Status. The Authority may <br />initiate an investigation of any firm's certification, if it has reason to believe there is some <br />question regarding the firm's eligibility as an LBE or an SLBE. While investigating a fn-m's <br />certification, the Authority will follow the guidelines and procedures used by Caltrans for <br />investigations and challenges of Disadvantaged Business Enterprises (DBEs). <br />The Authority will investigate any protest or complaint made by a person, another firm, <br />or an organization regarding the certification of an LBE or SLBE. Any protest shall be in <br />writing to the Authority, must clearly delineate the character of the protest, and must state the <br />reasons, including any evidence, on which the protester questions the validity of a LBE or SLBE <br />certification. <br />D. Decertification. Firms intentionally falsifying their status as an LBE or SLBE <br />may be debarred from bidding on future Authority work for a period of up to three years. A list <br />of firms decertified within the last three years by the Authority or Sponsoring Agencies is <br />available upon request and will be sent to persons or businesses when the lists of certified LBE <br />or SLBE firms are mailed. <br />The Sponsoring Agency shall inform the Authority within five (5) working days of <br />making a determination that it has reason to believe an organization has committed fraud in <br />representing that it is an LBE or SLBE. The Sponsoring Agency shall report such organizations <br />to the appropriate government authorities. <br />X. JOINT VENTURES <br />Whenever a Joint Venture involves LBEs or SLBEs, the Prime Consultant shall provide <br />the Authority with a full account of the nature of the LBE or SLBE, the basis for creation of the <br />Alameda County Transportation Improvement Authority Page E-9 <br />Local Business Enterprise and Small Local Business Enterprise Program <br />
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