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COOPERATIVE AGREEMENT NO. C -5 -3583 <br />EXHIBIT D <br />with their own forces. Services subcontracted to a Non -DBE firm may not be credited <br />toward the Prime Consultant's DBE attainment. <br />3. Consultant is to calculate and credit participation by eligible DBE vendors of equipment, <br />materials, and suppliers toward DBE attainment, as follows: <br />A. Sixty percent (60 %) of expenditure(s) for equipment, materials and supplies <br />required under the Contract, obtained from a regular dealer; or <br />B. One hundred percent (100 %) of expenditure(s) for equipment, materials <br />and supplies required under the Contract, obtained from a DBE <br />manufacturer. <br />4. The following types of fees or commissions paid to DBE Subconsultants, Brokers, and <br />Packagers may be credited toward the prime Consultant's DBE attainment, provided <br />that the fee or commission is reasonable, and not excessive, as compared with fees or <br />commissions customarily allowed for similar work, including: <br />A. Fees and commissions charged for providing bona fide professional or <br />technical services, or procurement of essential personnel, facilities, <br />equipment, materials, or supplies required in the performance of the <br />Contract; <br />B. Fees charged for delivery of material and supplies (excluding the cost of <br />materials or supplies themselves) when the licensed hauler, trucker, or <br />delivery service is not also the manufacturer of, or a regular dealer in, the <br />material and supplies; <br />C. Fees and commissions charged for providing any insurance specifically <br />required in performance of the Contract <br />5. Consultant may count the participation of DBE trucking companies toward DBE <br />attainment, as follows: <br />A. The DBE must be responsible for the management and supervision of the <br />entire trucking operation for which it is responsible on a particular contract. <br />B. The DBE must itself own and operate at least one fully licensed, insured, <br />and operational truck used on the contract. <br />C. The DBE receives credit for the total value of the transportation services it <br />provides on the contract using trucks it owns, insures, and operates using <br />drivers it employs. <br />D. The DBE may lease trucks from another DBE firm, including an owner - <br />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 <br />the lessee DBE provides on the contract. <br />E. The DBE may also lease trucks from a non -DBE firm, including an owner - <br />operator. The DBE who leases trucks from a non -DBE is entitled to credit <br />only for the fee or commission it receives as a result of the lease <br />arrangement. The DBE does not receive credit for the total value of the <br />transportation services provided by the lessee, since these services are not <br />provided by a DBE. <br />F. 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 <br />Exhibit D <br />LAC amm% CLE RICA L \WORDPROMAGRMAG53583_26 *7.docx <br />