ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY

LOCAL BUSINESS ENTERPRISE POLICY

I.                Purpose OF LBE POLICY

It is the policy of the Alameda County Congestion Management Agency (“CMA”) to encourage businesses to locate and remain in Alameda County, to employ residents of Alameda County and to spend CMA funds for goods and services within the County.  The tax and grant revenue received by the CMA are derived from local sources and/or intended to benefit the transportation system in Alameda County.  In order to promote and facilitate full participation in by qualified local business enterprises and to ensure that a fair proportion of the contracts or subcontracts and contracts for the provisions of goods and professional services for CMA be placed with these enterprises, CMA hereby adopts a Local Business Enterprise Policy (“LBE Policy”).  A Local Business Enterprise (“LBE”) is a business based in Alameda County that meets the criteria stated in Section II.A. below. 

II.                Statement of LBE Policy

CMA shall encourage the utilization of Prime Contractors that are LBEs on all contracts over $25,000.  CMA shall encourage all Prime Contractors to utilize qualified LBE Subcontractors on CMA projects.  CMA shall promote the direct purchase of goods from qualified LBEs by utilizing LBE vendors when such vendors are available and the price of the goods sought is reasonable.  For professional services contracts, CMA shall seek the utilization of qualified LBEs when such LBEs are available. 

A.        For purposes of this LBE Policy, an LBE shall be an economically independent and continuing business which is located within Alameda County and which can establish each of the following criteria:

1.         The business must be located at a fixed 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 with someone in the employ of the business with the exception of small businesses with fewer than five employees.  For these small businesses, the office within Alameda County must occupy space which is exclusive for operating the business;

3.         The location of the business must have been within Alameda County for at least one (1) year prior to the contract 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 (1) year prior to the contract award date;

5.         The business must have proof of one or more past or current contracts citing the business address (such as contracts to perform work, to rent space or equipment, or for other business services) that evidences the applicant’s address in Alameda County at least one (1) year prior to the expected award date;

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 CMA’s LBE Program; and

7.         The business may not act as a passive conduit without contributing an added value or actual portion of the work awarded.

B.        This LBE Policy is neutral as to race, ethnicity, national origin, age, sex, religion, sexual orientation and other protected classes.  In the event that this LBE Policy conflicts with federal, State or other funding source’s programs, policies, regulations or requirements, CMA shall make this LBE policy consistent as to projects funded by said funding source’s programs, policies, regulations and requirements to the extent permissible by law. 

III.             OUTREACH Efforts

CMA will utilize a range of outreach efforts to Local Business Enterprises, including but not limited to:

A.        Sponsoring and participating in workshops describing CMA, its LBE policy and its upcoming projects.

B.        Developing, maintaining and making available to potential contractors lists of LBE firms that have expressed interest in CMA projects.

IV.              reporting participation

Pursuant to CMA’s LBE Policy, all entities contracting with CMA shall report LBE participation to CMA in the form attached hereto as Exhibit A.  If an entity does not utilize an LBE on a CMA project, that entity shall report to CMA that no LBE was utilized and the reasons an LBE could not be utilized.  Such reports shall be prepared by the reporting entity on an annual basis (if the contract exceeds one year) or at the completion of the contract term (if less than one year).

EXHIBIT A

LBE PARTICIPATION REPORT

Name of Contractor _________________________________________