ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-6-1516)

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COOPERATIVE AGREEMENT NO. C-6-1516 EXHIBIT D A. "Social Disadvantage" 1. The individual's social disadvantage must stem from his/her color, national origin, gender, physical handicap, long-term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual's control. 2. The individual must demonstrate that he/she has personally suffered social disadvantage. 3. The individual's social disadvantage must be rooted in treatment, which he/she has experienced in American society, not in other countries. 4. The individual's social disadvantage must be chronic, longstanding and substantial, not fleeting or insignificant. 5. The individual's social disadvantage must have negatively affected his/her entry into and/or advancement in the business world. 6. A determination of social disadvantage must be made before proceeding to make a determination of economic disadvantage. B. "Economic Disadvantage" 1. The individual's ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area that are not socially disadvantaged. 2. The following criteria will be considered when determining the degree of diminished credit and capital opportunities of a person claiming social and economic disadvantage: With respect to the individual: • availability of financing bonding capability • availability of outside equity capital available markets With respect to the individual and the business concern: • personal and business assets • personal and business net worth • personal and business income and profits IV. Submission of DBE Information and Ongoing Reporting Requirements (Post -Award) If there is a DBE goal on the contract, Consultant must complete and submit the following DBE exhibits (forms) consistent with Consultant DBE Goal Commitment within the specified timelines. Even if no DBE participation will be reported, the Consultant must execute and return the form: 1. "Monthly DBE Subconsultant Commitment and Attainment Report Summary and Payment Verification " (Form 103) The purpose of this form is to ensure Consultant DBE commitments are attained, properly reported and credited in accordance with DBE crediting provisions based on the capacity the DBE performs the scope of work/service. This form further serves to collect DBE utilization data required under 49 CFR, Part 26. Exhibit D Page 7