25E - AGMT - STREETCAR DESIGN SRVS

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COOPERATIVE AGREEMENT NO. C -5 -3583 EXHIBIT D or South American, or other Spanish or Portuguese culture or origin, regardless of race; C. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; D. "Asian- Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; E. "Asian- Indian Americans," which includes persons whose origins are from India, Pakistan, and Bangladesh; and F. Women, regardless of ethnicity or race. 4. "Owned and Controlled" means a business: (a) which is at least 51 percent owned by one or more "Socially and Economically Disadvantaged Individuals" or, in the case of a publicly - owned business, at least 51 percent of the stock of which is owned by one or more "Socially and Economically Disadvantaged Individuals'; and (b) whose management and daily business operations are controlled by one or more such individuals. 5. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Consultant. 6.-- "Regular Dealer" means a firm that owns,- operates -or- maintains a- store, - warehouse, or other -- establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and in its own name, the purchase and sale of the product in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock if it owns or operates distribution equipment. 7. "Fraud" includes a firm that does not meet the eligibility criteria of being a certified DBE and that attempts to participate in a DOT - assisted program as a DBE on the basis of false, fraudulent, or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty. The Authority may take enforcement action under 49 CFR, Part 31, Program Fraud and Civil Remedies, against any participant in the DBE program whose conduct is subject to such action under 49 CFR, Part 31. The Authority may refer the case to the Department of Justice, for prosecution under 18 U.S.C. 1001 or other applicable provisions of law, any person who makes a false or fraudulent statement in connection with participation of a DBE in any DOT- assisted program or otherwise violates applicable Federal statutes. 8. "Other Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who, on a case -by -case basis, are determined by Small Business Administration or a recognized California Unified Certification Program Certifying Agency to meet the social and economic disadvantage criteria described below. F