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UMTA GRANT NO. CA-09-O1 42. <br /> <br />AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE METROPLITAN TRANSPORTATION <br />COMMISSION AND THE CITY OF PLEASANTON FOR PHASE II OF THE PLEASANTON/DUBLIN <br />TPJ~NSIT STUDY DATED JULY l, 1983. <br /> <br />The purpose of this Amendment is to revise the effective date of the Agreement <br />regarding the expenditure of non-federal funds, and to incorporate <br />requirements for subcontracting with Disadvantaged Business Enterprises. <br /> <br />NOW, THEREFORE, the parties agree as follows: <br /> <br />In the Terms and Conditions of the Agreement, th~ sentence which reads <br />"The Agreement shall be effective as of July l, 1983" is hereby replaced <br />with language reading "The Agreement shall be effective as of June 20, <br />1983 for non-federal funding up to Five Thousand Dollars (~5,000). The <br />effective date of the Agreement for the expenditure of the remaining funds <br />shall be July l, 1983." <br /> <br />In Appendix A of the Agreements the following condition is inserted to <br />read: <br /> <br />"Section 9. Disadvantaged Business Enterprises <br /> <br />"An amount of not less than ten percent (10%) of the federal funds <br />employed in the performance of this Agreement shall be expended with <br />Disadvantaged Business Enterprises (DBE) as defined in regulations <br />implementing Section lOS(f) of the Surface Transportation Act of 1982. <br />(See Volume 48 of the Federal Register, pp. 33432-33453, issue July 21, <br />1983.) <br /> <br />"This requirement shall apply only in those cases in which Contractor <br />proposes to subcontract for the performance of any or all of the work <br />described herein. In such instance, Contractor shall advise MTC in <br />writing of the manner and extent to which it has provided for DBE <br />participation, and indicate its goals for DBE participation in contracts <br />where federal funds are involved. If, for any reason, the ten percent <br />(10%) goal for DBE participation cannot be achieved, Contractor shall <br />furnish MTC with a written justification, providing full and complete <br />documentation, with particular emphasis on its own adopted or promulgated <br />DBE goals and program, and MTC will determine whether such justification <br />warrants a waiver of this requirement." <br /> <br />Except as provided herei n, all other terms and conditions of the Agreement <br />shall remain in full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties have executed this amendment effective as of <br />October l, 1983. <br /> <br />METROPOLITAN TRANSPORTATION COMMISSION <br /> <br />CITY OF PLEASANTON <br /> <br />Lawrence D. Dahms <br />Executive Director <br /> <br />(8701D) <br /> <br />James R. Walker <br />City Manager <br /> <br /> <br />