Agmt 94 State of CA DOT Fund Transfer Agmt Amendment 1

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AGREEMENT NO. FTA04A39 AMENDMENT NO. 1 SHEET 2 OF 3 THIS FUND TRANSFER AGREEMENT IF AMENDED TO INCLUDE THE FOLLOWING TERMS AND CONDITIONS: ARTICLE IV. REPORTS AND RECORDS SECTION 2 is replaced in its entirety as follows: RECIPIENT and its contractors, and subcontractors, agree to comply with Federal procedures in accordance with the following: (a) Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments. (b) 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. RECIPIENT agrees to include this project in the schedule of projects examined in their annual audit. Any costs for which RECIPIENT has received payment that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, are to be repaid to the STATE by RECIPIENT. Should RECIPIENT fail to reimburse monies due STATE within 30 days of demand, or within such other period as may be agreed between the parties thereto, STATE is authorized to withhold future payments due RECIPIENT from any source, including, but not limited to, the State Treasurer, the State Controller and the CTC. ARTICLE III. PAYMENT SECTION 7 is added: In accordance with OMB Circular A-87, reimbursement for RECIPIENT'S related transportation and subsistence costs shall be based on rates established and applied consistently by the RECIPIENT provided such rates are reasonable. In the determination of whether the RECIPIENT'S travel and subsistence costs are reasonable, rates applied to State or Federal employees as established by the State Department of Personnel Administration or the General Services Administration may be used. Should reimbursement authorized and paid by RECIPIENT and allowed by STATE be subsequently questioned and disallowed pursuant to an audit, RECIPIENT shall refund to STATE all disallowed portions of those reimbursements. AMENDING ATTACHMENTS: Attachment III Scope of Work is replaced as attached. Attachment IIIa Overall Project Funding Plan is replaced as attached. Attachment Bib Project Financial Plan is replaced as attached. Attachment Inc Project Development and Construction Schedule is replaced as attached. Attachment IVa Scope of Work Approval/Encumbrance is added. ALL OTHER TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT.