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ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA) - 2011
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ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA) - 2011
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Last modified
3/23/2017 9:50:23 AM
Creation date
4/26/2012 4:31:45 PM
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Contracts
Company Name
ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA)
Contract #
A-2011-255
Agency
PUBLIC WORKS
Council Approval Date
11/28/2011
Expiration Date
10/31/2014
Destruction Year
2019
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AGREEMENT NO. C-1-3099 <br />EXHIBIT B <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 />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 />Orange County Transportation Authority 4 <br />Revised: 0511012010
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