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COOPERATIVE AGREEMENT NO. C -6 -1516 <br />EXHIBIT D <br />activities, and services of public entities, as well as imposes specific requirements on public and <br />private providers of transportation. <br />H. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs <br />(A) through (H) in every subcontract, including procurements of materials and leases of equipment, <br />unless exempt by the Regulations, or directives issued pursuant thereto. CONSULTANT shall take <br />such action with respect to any subcontract or procurement as the AUTHORITY may direct as a means <br />of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the <br />event CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or <br />supplier as a result of such direction, CONSULTANT may request the AUTHORITY to enter into such <br />litigation to protect the interests of the AUTHORITY, and, in addition, CONSULTANT may request the <br />United States to enter into such litigation to protect the interests of the United States. <br />ARTICLE 5. DBE CONTRACT PROVISIONS FOR FTA- ASSISTED CONTRACTS WITH <br />DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS <br />DBE Participation <br />It is the Consultant's responsibility to be fully informed regarding the requirements of 49 <br />CFR, Part 26 and the Orange County Transportation Authority's (Authority's) DBE program <br />developed pursuant to these regulations. Particular attention is directed to the following: <br />A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through <br />the California Unified Certification Program (CUCP). <br />B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as <br />a vendor of material or supplies, or as a trucking company. <br />C. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55 that is, a DBE <br />firm must be responsible for the execution of a distinct element of the work and must carry out <br />its responsibility by actually performing, managing and supervising the work. <br />D. Consultant must not claim DBE participation as attained until the amount to be claimed is paid <br />and fully adheres to DBE crediting provisions. <br />If the Consultant has committed to utilize DBE(s) in the performance of this DOT - assisted <br />contract, the Consultant's submitted "DBE Participation Commitment Form" will be utilized to <br />monitor Consultant's DBE commitments, unless otherwise directed and /or approved by the <br />Authority prior to the Consultant effectuating any changes to its DBE participation commitment(s) <br />(Refer to Subsection H: "Performance of DBE Subconsultants'). <br />Consultant must complete and submit all required DBE documentation to effectively <br />capture all DBE utilization on the Authority's DOT - assisted contracts whether achieved race <br />neutrally or race consciously. Even if a Consultant has not committed to utilize DBE(s) in the <br />performance of this contract, the Consultant must execute and submit all required DBE forms and <br />other related documentation as specified under this contract or as otherwise requested by the <br />Authority. No changes to the Consultant's DBE Commitment must be made until proper protocols <br />for review and approval of the Authority are rendered in writing. <br />To ensure full compliance with the requirements of 49 CFR, Part 26 and the Authority's <br />DBE Program, the Consultant must: <br />Exhibit D <br />Page 3 <br />25F -37 <br />