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Admin Order 44-93-05
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Admin Order 44-93-05
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Last modified
6/10/2010 10:46:02 AM
Creation date
1/23/2009 4:43:55 PM
Metadata
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
6/21/1993
Document_Number
44-93-05
CMO_Effective_Date
6/21/1993
Author
Micheal D. Gleason
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<br />professional acceptance, employment, or business mobility; <br /> <br />( c) Is an individual whose cultural or social background resulted in <br />chronic underemployment, limited educational opportunities or personal <br />deprivation. <br /> <br />(d) Is an individual who has experienced low income status because <br />of apparent discriminatory practices. <br /> <br />(5) The disadvantaged firm must: <br /> <br />(a) Be an independent business which is not inextricably associated <br />with another firm through ownership, affiliation, sharing of employees, <br />facilities, profits, and losses. The firm must be able to function as a viable <br />business in the larger business community and not be dependent on any other <br />firm( s) for its survival. <br /> <br />(b) Be owned by one or more socially and economically <br />disadvantaged individuals with at least 51 percent of the firm owned by the <br />socially and economically disadvantaged members of the frrm. The ownership <br />must be real, substantial, and continuing, with the management and daily <br />business operation controlled by one or more of the socially and economically <br />disadvantaged individuals. Ownership documents must reflect the owner's <br />right/obligation to share proportionately (at least 51 percent) in the <br />responsibilities, risks, and profits. Contributions of capital or expertise by the <br />disadvantaged owner to acquire interest in the firm must be real and <br />substantial. Securities cannot be held in trust or by a guardian. <br /> <br />(6) The disadvantaged owner( s) must demonstrate both: <br /> <br />(a) Operational control of the business and the ability and authority <br />to independently make basic decisions with respect to daily operations; and <br /> <br />(b) Managerial control, with the power to hire and fire employees <br />and to make independent and unilateral major business decisions on matters <br />of management, policy and operations which guide the future and destiny of <br />the business. <br /> <br />(7) Ajoint venture is eligible for certification hereunder if the DBE partner <br />of the joint venture meets the standards for an eligible D BE set forth above, is <br />responsible for a clearly defined portion of the work to be performed, and shares in <br />the ownership, control, management responsibilities, risks, and profits of the joint <br />venture. <br /> <br />D. DBE Directorv. In addition to utilizing the State of Oregon's OMWESB <br />current DBE directory, the City will make special efforts to identify and maintain a directory <br />of DBEs who may qualify for certification and will encourage those DBEs to pursue <br /> <br />Administrative Order - 4 <br />
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