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AGREEMENT NO. C-5 -3632 <br />EXHIBIT D <br />E. "Asian- Indian Americans," which includes persons whose origins are from India, <br />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 owned by <br />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 <br />more "Socially and Economically Disadvantaged Individuals "; and (b) whose <br />management and daily business operations are controlled by one or more such <br />individuals. <br />6. "Manufacturer" means a firm that operates or maintains a factory or establishment that <br />produces on the premises the materials or supplies obtained by the Consultant. <br />6. "Regular Dealer" means a firm that owns, operates or maintains a store, warehouse, or <br />other establishment in which the materials or supplies required for the performance of the <br />contract are bought, kept in stock, and regularly sold to the public in the usual course of <br />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 <br />owns or operates distribution equipment. <br />7. "Fraud" includes a firm that does not meet the eligibility criteria of being a certified DBE <br />and that attempts to participate in a DOT - assisted program as a DBE on the basis of <br />false, fraudulent, or deceitful statements or representations or under circumstances <br />indicating a serious lack of business integrity or honesty. The Authority may take <br />enforcement action under 49 CFR, Part 31, Program Fraud and Civil Remedies, against <br />any participant in the DBE program whose conduct is subject to such action under 49 <br />CFR, Part 31. The Authority may refer the case to the Department of Justice, for <br />prosecution under 18 U.S.C. 1001 or other applicable provisions of law, any person who <br />makes a false or fraudulent statement in connection with participation of a DBE in any <br />DOT- assisted program or otherwise violates applicable Federal statutes. <br />8. "Other Socially and Economically Disadvantaged Individuals" means those <br />individuals who are citizens of the United States (or lawfully admitted permanent <br />residents) and who, on a case -by -case basis, are determined by Small Business <br />Administration or a recognized California Unified Certification Program Certifying Agency <br />to meet the social and economic disadvantage criteria described below. <br />A. "Social Disadvantage" <br />1. The individual's social disadvantage must stem from his /her color, national origin, gender, <br />physical handicap, long -term residence in an environment isolated from the mainstream <br />of American society, or other similar cause beyond the individual's control. <br />2. The individual must demonstrate that he /she has personally suffered social disadvantage, <br />3, The individual's social disadvantage must be rooted in treatment, which he /she has <br />experienced in American society, not in other countries. <br />4. The individual's social disadvantage must be chronic, longstanding and substantial, not <br />Orange County Transportation Authority <br />Revised: 0&7612014 <br />