25K - AGMT - PROJECT DEV FOR SANTA ANA-GARDEN GROVE FIXED GUIDEWAY

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COOPERTIVE AGREEMENT NO. 1-2447 EXHIBIT B course of business. The firm must engage in, as its principal business, and in its own name, the purchase and sale of the product in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock if it owns or operates distribution equipment. 7. "Other Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who, on a case-by-case basis, are determined by Small Business Administration or AUTHORITY to meet the social and economic disadvantage criteria described below. a. Social Disadvantage: The individual's social disadvantage must stem from his/her color, national origin, gender, physical handicap, long-term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual's control. i. The individual must demonstrate that he/she has personally suffered social disadvantage. ii. The individual's social disadvantage must be rooted in treatment, which he/she has experienced in American society, not in other countries. iii The individual's social disadvantage must be chronic, longstanding and substantial, not fleeting or insignificant. iv. The individual's social disadvantage must have negatively affected his/her entry into and/or advancement in the business world. v. A determination of social disadvantage must be made before proceeding to make a determination of economic disadvantage. b. Economic Disadvantage i. The individual's ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area that are not socially disadvantaged. ii. The following criteria will be considered when determining the degree of diminished credit and capital opportunities of a person claiming social and economic disadvantage: With respect to the individual: • availability of financing • bonding capability • availability of outside equity capital • available markets With respect to the individual and the business concern: • personal and business assets • personal and business net worth • personal and business income and profits E. Race-Neutral DBE Submission and Ongoing Reporting Requirements (Post- Award). CITY shall complete and submit the following DBE exhibits (forms) at the times specified: "Monthly Race-Neutral DBE Subcontractors Paid Report Summary and Payment Verification" (Form 103). If CITY is a DBE firm and/or has proposed to utilize DBE firms, CITY will be required to complete and submit a Form 103 to AUTHORITY by the 10th of each month until completion of the contract to facilitate reporting of race-neutral DBE participation, following the first month of contract activity. CITY shall report the total dollar value paid to DBEs for the applicable reporting period. CITY shall also report the DBE's scope of work and the total subcontract value of commitment for each DBE reported. CITY is advised not to report the participation of DBEs toward CITY's race-neutral DBE attainment until the amount Orange County Transportation Authority 5 Revised: 05/10/2010 25K-23