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COOPERTIVE AGREEMENT NO. 1-2447
<br />EXHIBIT B
<br />A Race-Neutral DBE Program is one that, while benefiting DBEs, is not solely focused on
<br />DBE firms. Therefore, under a Race-Neutral DBE Program, AUTHORITY does not establish
<br />numeric race-conscious DBE participation goals on its DOT-assisted contracts. CITY shall
<br />not be required to achieve a specific level of DBE participation as a condition of contract
<br />compliance in the performance of this DOT-assisted contract. However, CITY shall adhere to
<br />race-neutral DBE participation commitment(s) made at the time of contract award.
<br />D. Definitions: The following definitions apply to the terms as used in these
<br />provisions:
<br />1. "Disadvantaged Business Enterprise (DBE)" means a small business concern: (a)
<br />which is at least 51 percent owned by one or more socially and economically disadvantaged
<br />individuals or, in the case of any publicly-owned business, at least 51 percent of the stock of which
<br />is owned by one or more socially and economically disadvantaged individuals; and (b) whose
<br />management and daily business operations are controlled by one or more of the socially and
<br />economically disadvantaged individuals who own it.
<br />2. "Small Business Concern" means a small business as defined pursuant to
<br />Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto,
<br />except that a small business concern shall not include any concern or group of concerns
<br />controlled by the same socially and economically disadvantaged individual or individuals which
<br />has annual average gross receipts in excess of $19.57 million over the previous three fiscal
<br />years.
<br />3. "Socially and Economically Disadvantaged Individuals" means those individuals
<br />who are citizens of the United States (or lawfully admitted permanent residents) and who are
<br />Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-
<br />Indian Americans, women and any other minorities or individuals found to be disadvantaged by
<br />the Small Business Administration pursuant to Section 8(a) of the Small Business Act, or by the
<br />Authority pursuant to 49 CFR part 26.65. Members of the following groups are presumed to be
<br />socially and economically disadvantaged:
<br />a. "Black Americans," which includes persons having origins in any of the Black
<br />racial groups of Africa;
<br />b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican,
<br />Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless
<br />of race;
<br />c. "Native Americans," which includes persons who are American Indians,
<br />Eskimos, Aleuts, or Native Hawaiians;
<br />d. "Asian-Pacific Americans," which includes persons whose origins are from
<br />Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the
<br />U.S. Trust Territories of the Pacific, and the Northern Marianas;
<br />e. "Asian-Indian Americans," which includes persons whose origins are from
<br />India, Pakistan, and Bangladesh; and
<br />f. Women, regardless of ethnicity or race.
<br />4. "Owned and Controlled" means a business: (a) which is at least 51 percent
<br />owned by one or more "Socially and Economically Disadvantaged Individuals" or, in the case of a
<br />publicly-owned business, at least 51 percent of the stock of which is owned by one or more
<br />"Socially and Economically Disadvantaged Individuals"; and (b) whose management and daily
<br />business operations are controlled by one or more such individuals.
<br />5. "Manufacturer" means a firm that operates or maintains a factory or establishment
<br />that produces on the premises the materials or supplies obtained by the CITY.
<br />6. "Regular Dealer" means a firm that owns, operates or maintains a store,
<br />warehouse, or other establishment in which the materials or supplies required for the
<br />performance of the contract are bought, kept in stock, and regularly sold to the public in the usual
<br />Orange County Transportation Authority 4
<br />Revised. 0511012010
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