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COOPERTIVE AGREEMENT NO. 1-2447 <br />EXHIBIT B <br />course of business. The firm must engage in, as its principal business, and in its own name, the <br />purchase and sale of the product in question. A regular dealer in such bulk items as steel, <br />cement, gravel, stone and petroleum products need not keep such products in stock if it owns or <br />operates distribution equipment. <br />7. "Other Socially and Economically Disadvantaged Individuals" means those <br />individuals who are citizens of the United States (or lawfully admitted permanent residents) and <br />who, on a case-by-case basis, are determined by Small Business Administration or AUTHORITY <br />to meet the social and economic disadvantage criteria described below. <br />a. Social Disadvantage: The individual's social disadvantage must stem from <br />his/her color, national origin, gender, physical handicap, long-term residence in an environment <br />isolated from the mainstream of American society, or other similar cause beyond the individual's <br />control. <br />I. The individual must demonstrate that he/she has personally suffered <br />social disadvantage, <br />ii. The individual's social disadvantage must be rooted in treatment, which <br />he/she has experienced in American society, not in other countries. <br />iii The individual's social disadvantage must be chronic, longstanding and <br />substantial, not fleeting or insignificant. <br />iv. The individual's social disadvantage must have negatively affected <br />his/her entry into and/or advancement in the business world. <br />v. A determination of social disadvantage must be made before proceeding <br />to make a determination of economic disadvantage. <br />b. Economic Disadvantage <br />I. The individual's ability to compete in the free enterprise system has been <br />impaired due to diminished capital and credit opportunities, as compared to others in the same <br />line of business and competitive market area that are not socially disadvantaged. <br />ii. The following criteria will be considered when determining the degree of <br />diminished credit and capital opportunities of a person claiming social and economic <br />disadvantage: <br />With respect to the individual: <br />• availability of financing <br />bonding capability <br />• availability of outside equity capital <br />• available markets <br />With respect to the individual and the business concern: <br />• personal and business assets <br />• personal and business net worth <br />• personal and business income and profits <br />E. Race-Neutral DBE Submission and Ongoing Reporting Requirements (Post- <br />Award). <br />CITY shall complete and submit the following DBE exhibits (forms) at the times <br />specified: "Monthly Race-Neutral DBE Subcontractors Paid Report Summary and Payment <br />Verification" (Form 103). If CITY is a DBE firm and/or has proposed to utilize DBE firms, CITY <br />will be required to complete and submit a Form 103 to AUTHORITY by the 10u' of each month <br />until completion of the contract to facilitate reporting of race-neutral DBE participation, <br />following the first month of contract activity. CITY shall report the total dollar value paid to <br />DBEs for the applicable reporting period. CITY shall also report the DBE's scope of work and <br />the total subcontract value of commitment for each DBE reported. CITY is advised not to <br />report the participation of DBEs toward CITY's race-neutral DBE attainment until the amount <br />Orange County Transportation Authority 5 <br />Revised: 0511012010