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COOPERATIVE AGREEMENT NO. C -6 -1516
<br />EXHIBIT D
<br />B. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central
<br />or South American, or other Spanish or Portuguese culture or origin, regardless of race;
<br />C. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts,
<br />or Native Hawaiians;
<br />D. "Asian- Pacific Americans," which includes persons whose origins are from Japan, China,
<br />Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust
<br />Territories of the Pacific, and the Northern Marianas;
<br />E. "Asian- Indian Americans," which includes persons whose origins are from India, Pakistan,
<br />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 one
<br />or more "Socially and Economically Disadvantaged Individuals" or, in the case of a publicly -
<br />owned business, at least 51 percent of the stock of which is owned by one or more "Socially
<br />and Economically Disadvantaged Individuals "; and (b) whose management and daily business
<br />operations are controlled by one or more such individuals.
<br />5. "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 other
<br />establishment in which the materials or supplies required for the performance of the contract
<br />are bought, kept in stock, and regularly sold to the public in the usual course of business. The
<br />firm must engage in, as its principal business, and in its own name, the purchase and sale of
<br />the product in question. A regular dealer in such bulk items as steel, cement, gravel, stone and
<br />petroleum products need not keep such products in stock if it owns or operates distribution
<br />equipment.
<br />"Fraud" includes a firm that does not meet the eligibility criteria of being a certified DBE and
<br />that attempts to participate in a DOT - assisted program as a DBE on the basis of false,
<br />fraudulent, or deceitful statements or representations or under circumstances indicating a
<br />serious lack of business integrity or honesty. The Authority may take enforcement action under
<br />49 CFR, Part 31, Program Fraud and Civil Remedies, against any participant in the DBE
<br />program whose conduct is subject to such action under 49 CFR, Part 31. The Authority may
<br />refer the case to the Department of Justice, for prosecution under 18 U.S.C. 1001 or other
<br />applicable provisions of law, any person who makes a false or fraudulent statement in
<br />connection with participation of a DBE in any DOT - assisted program or otherwise violates
<br />applicable Federal statutes.
<br />8. "Other Socially and Economically Disadvantaged Individuals" means those individuals
<br />who are citizens of the United States (or lawfully admitted permanent residents) and who, on
<br />a case -by -case basis, are determined by Small Business Administration or a recognized
<br />California Unified Certification Program Certifying Agency to meet the social and economic
<br />disadvantage criteria described below.
<br />Exhibit D
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