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AGREEMENT NO. C-1-3099 <br />EXHIBIT B <br />or a regular dealer in, the material and supplies; Fees and commissions charged for providing <br />any insurance specifically required in the performance of the Contract. CITY may count the <br />participation of DBE trucking companies toward race-neutral DBE attainment, as follows: The <br />DBE must be responsible for the management and supervision of the entire trucking operation <br />for which it is responsible on a particular contract. The DBE must itself own and operate at least <br />one fully licensed, insured, and operational truck used on the Contract. The DBE receives credit <br />for the total value of the transportation services it provides on the contract using trucks it owns, <br />insures, and operates using drivers it employs. The DBE may lease trucks from another DBE <br />firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from <br />another DBE receives credit for the total value of the transportation services the lessee DBE <br />provides on the contract. The DBE may also lease trucks from a non-DBE firm, including an <br />owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee <br />or commission it receives as a result of the lease arrangement. The DBE does not receive credit <br />for the total value of the transportation services provided by the lessee, since these services are <br />not provided by a DBE. For purposes of this paragraph, a lease must indicate that the DBE has <br />exclusive use of and control over the truck. This does not preclude the leased truck from working <br />for others during the term of the lease with the consent of the DBE, so long as the lease gives the <br />DBE absolute priority for use of the leased truck. Leased trucks must display the name and <br />identification number of the DBE. If CITY listed a non-certified DBE 1St tier subcontractor to <br />perform work on this contract, and the non-certified DBE subcontractor subcontracts a part of its <br />work or purchases materials and/or supplies from a lower tier DBE certified Subcontractor or <br />Vendor, the value of work performed by the lower tier DBE firm's own forces can be counted <br />toward race-neutral DBE participation on the contract. <br />H. Performance of DBE Subcontractors: DBE subcontractors listed by CITY in its <br />"DBE Race-Neutral Participation Listing" (Exhibit D-2) submitted at the time of proposal submittal <br />shall perform the work and supply the materials for which they are listed, unless the CITY has <br />received prior written authorization from the Authority to perform the work with other forces or to <br />obtain the materials from other sources. CITY shall provide written notification to the <br />AUTHORITY in a timely manner of any changes to its anticipated DBE participation. This notice <br />should be provided prior to the commencement of that portion of the work. <br />I. Additional DBE Subcontractors: In the event CITY identifies additional DBE <br />subcontractors or suppliers not previously identified by CITY for race-neutral DBE participation <br />under the contract, CITY shall notify the Authority by submitting "Request for Additional DBE <br />Firm" to enable CITY to capture all race-neutral DBE participation. CITY shall also submit, for <br />each DBE identified after contract execution, a written confirmation from the DBE <br />acknowledging that it is participating in the contract for a specified value, including the <br />corresponding scope of work (a subcontract agreement can serve in lieu of the written <br />confirmation). <br />J. DBE Certification Status: If a listed DBE subcontractor is decertified during the <br />life of the project, the decertified subcontractor shall notify CITY in writing with the date of <br />decertification. If a non-DBE subcontractor becomes a certified DBE during the life of the <br />project, the DBE subcontractor shall notify CITY in writing with the date of certification. CITY <br />shall furnish the written documentation to AUTHORITY in a timely manner. <br />K. CITY's Assurance Clause Regarding Non-Discrimination: In compliance with <br />State and Federal anti-discrimination laws, CITY shall affirm that they will not exclude or <br />discriminate on the basis of race, color, national origin, or sex in consideration of contract <br />award opportunities. Further, CITY shall affirm that they will consider, and utilize <br />subcontractors and vendors, in a manner consistent with non-discrimination objectives. <br />Orange County Transportation Authority 7 <br />Revised: 05/10/2010