ACDBE Substitution. If during the Operating Period of this Contract XX is decertified because it is no longer owned and controlled by a socially and economically disadvantaged individual(s), a request to substitute another ACDBE firm(s) shall be submitted by XX to the Authority, for approval by the Authority. The contractor shall ensure that the proposed replacement DBE has been reviewed, certified and approved by the Authority. The proposed replacement ACDBE participation must at least meet the twenty-five percent (25%) ACDBE goal originally applicable to this Contract. The name of the proposed ACDBE substitute firm, certification documents, and all documentation supporting the substitution request shall be submitted to the Equal Opportunity Programs Office within sixty (60) days of the date of decertification. The new ACDBE firm may not begin operating until it has been certified as a ACDBE and approved by the Authority. In the case of a joint venture with a ACDBE, the ACDBE’s interest, equity, and management responsibilities in the Contract shall be no less than twenty-five percent (25%) during the Operating Period of the Contract, and the DBE will receive a twenty-five percent (25%) share of the Contractor’s return commensurate with the ACDBE’s contributions. In the case of a subcontract, the DBE subcontractor will be responsible for a distinct element(s) of the business, that the subcontractor’s responsibilities will include the management, operation and supervision of this business element, and that it will meet or exceed the twenty- five percent (25%) ACDBE goal included in the Contract. The type quantity and nature of the participation shall be as described in the Contractor’s proposal listed in Exhibit G. In accordance with the Contractor’s proposal listed in Exhibit G. the ACDBE participation shall be measured as a percentage of the total approved annual operating costs and a percentage of the management fee. The Contractor shall ensure reasonable opportunity is offered to the proposed substitute ACDBE to expand its role in the Contract in those operational areas deemed appropriate. If the Authority determines that the proposed substitution is not eligible for ACDBE certification, the Authority may disapprove the substitution. In the event of disapproval, the Contractor is required immediately to provide another proposed ACDBE substitute.
ACDBE Substitution. If during the term of this Contract, ., ceases to do business, ceases to exist, or ceases to be a ACDBE for reasons other than growth in its annual gross receipts, the Contractor must, unless otherwise authorized in writing by the Authority, replace , with another ACDBE that has been reviewed, certified and approved by the Equal Opportunity Programs Department of the Authority. The ACDBE replacement shall occur within ninety (90) days of the date on which the previous ACDBE ceased to do business or ceased to exist, whichever is later. The replacement ACDBE may not begin operating until the substitution has been approved by the Authority's Equal Opportunity Programs and Concessions and Property Development Departments Such replacement ACDBE shall participate in the Concession at least to the same extent as that contained in the ACDBE Plan contained in the Contractor's Proposal.
