R2017-86 First Amendment for Intergovernmental Agreement for the Midwest Inland Port Study CP 2014-06

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PART 2 GENERAL PROVISIONS A. Changes. If any circumstance or condition in this Agreement changes, the GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven days. B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. C. Availability of Appropriation.This Agreement is contingent upon and subject to the availability of funds. The Department,at its sole option,may terminate or suspend this Agreement,in whole or in part,without penalty or further payment being required,if(1)the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason, (2)the Governor decreases the Department's funding by reserving some or all of the Department's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly;or(3)the Department determines, in its sole discretion or as directed by the Office of the Governor,that a reduction is necessary or advisable based upon actual or projected budgetary considerations.GOVERNMENTAL BODY will be notified in writing of the failure of appropriation or of a reduction or decrease. D. Records Inspection. The DEPARTMENT or a designated representative shall have access to the GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation. The GOVERNMENTAL BODY, shall maintain for a minimum of three years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Cost Category Transfer Request. For all transfers between or among appropriated and allocated cost categories, DEPARTMENT approval is required-7o secure approval,the GOVERNMENTAL BODY must submit a written request to the DEPARTMENT detailing the amount of transfer,the cost categories from and to which the transfer is to be made,and rational for the transfer. G. Subcontracting/Procurement Procedures/Employment of Department Personnel 1. Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services—Federal Funds. For purchases of products or services with any Federal funds that cost more than$3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.0 403(11), (currently set at $100,000.00) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any Federal funds for$100,000 or more will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K) below. The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1) the products or services are available only from a single source;or(2)the DEPARTMENT authorizes such a procedure; or, (3)after solicitation of a number of sources,competition is determined inadequate. 3. Procurement of Goods or Services — State Funds. For purchases of products or services with any State of Illinois funds that cost more than $20,000.00, ($10,000.00 for professional and artistic services)but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently set at $50,000.00 and $20,000.00 for professional and artistic services)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any State of Illinois funds for $50,000.00 or more for goods and services and $20,000.00 or more for professional and artistic services) will require the GOVERNMENTAL Printed 8/11/2014 Page 3 of 17 MPO-Decatur MIP Transportation Study 2015BoBS1029 BoBS 9073(Rev.07111114)