R2000-225 AUTHORIZING THE FILING AND EXECUTION OF GRANT AMENDMENT NO. 1

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. � E. Disadvantaged Business Enterprise("DBE")=The Department encourages all of its Grantees to make a good-faith effort to contract with"DBEs:' Grantees who receive more than the minimal federai assistance threshold (currently$250,000 in FTA capital and operating funds,exclusive of funds for transit vehicle purchases,see 49 CFR 23.67 or$100,000 in planning funds)agree to facilitate participation of Disadvantaged Business Enterprises(DBE)as follows: 1. The Grantee agrees to comply with current U.S.DOT regulations at 49 CFR Part 23,including any amendments thereto that may be issued during the term of this Agreement. 2. The Grantee agrees that it shall not discriminate on the basis or race,color,national origin,or sex in the award and performance of any U.S.DOT assisted contract. The Grantee agrees to take all necessary and reasonable steps under 49 CFR Part 23 to ensure that eligible DBEs have the maximum feasible opportunity to participate in U.S.DOT assisted contracts. The Grantee DBE program,if required by 49 CFR Part 23 and as approved by U.S.DOT is incorporated by reference in this Agreement. Implementation of this program is a legal obligation,and failure to carry out its terms • shall be treated as a violation of this Agreement. Upon notification to the Grantee of its failure to carry out its approved program, U.S. DOT may impose sanctions as provided for under 49 CFR Part 23. 3. The Grantee agrees to include the following clause in all agreements between the Grantee and in all third party contracts assisted by the Government: "The Grantee or subcontractor,shall not discriminate on the basis of race,color, national origin,or sex in the performance of this(contract or agreement). The requirement of 49 CFR Part 23 and the recipienYs U.S. DOT-Approved Disadvantaged Business Enterprise(DBE)program(where required) are incorporated in this(contract or agreement)by reference. Failure by the(contractor,or subcontractor)to carryout these requirements is a material breach of the(contract or agreement), that may result in the termination of this(contract or agreement)or such other remedy as the Department deems appropriate:' F. Disabilities 1. Americans with Disability Act(ADA)-The Grantee shall comply with all applicable state and federal requirements under the ADA. 2. Access Requirements for Individuals with Disabilities-The Grantee agrees to comply with and assure that any third party contractor utilized for this Project complies with all applicable requirements of the Americans with Disabilities Act of 1990(ADA),42 U.S.C.§12101 et seq.;49 U.S.C.Section 5301(d); §504 of the Rehabilitation Act of 1973,as amended,29 U.S.C.§794,§16 of the Federal Transit Act, as amended,49 U.S.C.App.§1612;and the following regulations and any amendments thereto: a) DOT regulations,'Transportation Services for Individuals with Disabilities(ADA),"49 CFR Part 37. b) DOT regulations,"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,"49 CFR Part 27; _ c) DOT regulations,"Americans With Disabilities(ADA)Accessibility Specifications for Transportation Vehicles."49 CFR Part 38; d) Department of Justice(DOJ)regulations,"Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 CFR Part 35; e) DOJ regulations,"Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,"28 CFR Part 36; . State/Federal Capital Grant page 23