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COOPERTIVE AGREEMENT NO. 1-2447 <br />EXHIBIT B <br />G. The Americans with Disabilities Act of 1990, as amended (ADAM, 42 U.S.C. Sections <br />12101 et seq., prohibits discrimination against qualified individuals with disabilities in all <br />programs, activities, and services of public entities, as well as imposes specific requirements on <br />public and private providers of transportation. <br />H. Incorporation of Provisions: CITY shall include the provisions of paragraphs (A) <br />through (H) in every subcontract, including procurements of materials and leases of equipment, <br />unless exempt by the Regulations, or directives issued pursuant thereto. The CITY shall take <br />such action with respect to any subcontract or procurement as the AUTHORITY may direct as a <br />means of enforcing such provisions including sanctions for noncompliance. Provided, however, <br />that in the event a CITY becomes involved in, or is threatened with, litigation with a subcontractor <br />or supplier as a result of such direction, the CITY may request the AUTHORITY to enter into <br />such litigation to protect the interests of the AUTHORITY, and, in addition, the CITY may request <br />the United States to enter into such litigation to protect the interests of the United States. <br />ARTICLE 5. DISADVANTAGED BUSINESS ENTERPRISES <br />A. In accordance with federal financial assistance agreements with the U.S. <br />Department of Transportation (U.S. DOT), the Orange County Transportation Authority <br />(AUTHORITY) has adopted a Disadvantaged Business Enterprise (DBE) Policy and Program, in <br />conformance with Title 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in <br />Department of Transportation Programs". The project is subject to these stipulated regulations. <br />In order to ensure that the Authority achieves its overall DBE Program goals and objectives, the <br />Authority encourages the participation of DBEs as defined in 49 CFR 26 in the performance of <br />contracts financed in whole or in part with U.S. DOT funds. Pursuant to the intent of these <br />Regulations, it is also the policy of the Authority to: <br />1. Fulfill the spirit and intent of the Federal DBE Program regulations published <br />under U.S. DOT Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to <br />participate in all of Authority's DOT-assisted contracting opportunities. <br />2. Ensure that DBEs can fairly compete for and perform on all DOT-assisted <br />contracts and subcontracts. <br />3. Ensure non-discrimination in the award and administration of AUTHORITY's <br />DOT-assisted contracts. <br />4. Create a level playing field on which DBEs can compete fairly for DOT-assisted <br />contracts. <br />5. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are <br />permitted to participate as DBEs. <br />6. Help remove barriers to the participation of DBEs in DOT-assisted contracts. <br />7. Assist in the development of firms that can compete successfully in the <br />marketplace outside the DBE Program. <br />B. CITY shall not discriminate on the basis of race, color, national origin, or sex in <br />the award and performance of subcontracts. Any terms used in this section that are defined in <br />49 CFR Part 26, or elsewhere in the Regulations, shall have the meaning set forth in the <br />Regulations. In the event of any conflicts or inconsistencies between the Regulations and the <br />Authority's DBE Program with respect to DOT-assisted contracts, the Regulations shall prevail. <br />C. AUTHORITY's New Race-Neutral DBE Policy Implementation Directives: <br />Pursuant to recently released Race-Neutral DBE policy directives issued by the U.S. DOT in <br />response to the Ninth Circuit U.S. Court of Appeals decision in Western States Paving Co. v. <br />Washington State Department of Transportation, the Authority has implemented a wholly <br />Race-Neutral DBE Program. <br />Orange County Transportation Authority 3 <br />Revised. 0511012010