R2017-154 Execution & Amendment of FY 2018 Transit Operating Assistance Grant

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Agreement No.4876(18-1141-2344) "State"means the State of Illinois. "Term"has the meaning set forth in Paragraph 1.4. "Unallowable Costs"has the same meaning as in 44 III.Admin.Code 7000.20. ARTICLE IV PAYMENT 4.1. Availability of Appropriation;Sufficiency of Funds.This Agreement is contingent upon and subject to the availability of sufficient funds.Grantor may terminate or suspend this Agreement,in whole or in part,without penalty or further payment being required,if(i)sufficient funds for this Agreement have not been appropriated or otherwise made available to the Grantor by the State or the Federal funding source,(ii)the Governor or Grantor reserves funds,or(iii)the Governor or Grantor determines that funds will not or may not be available for payment.Grantor shall provide notice,in writing,to Grantee of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable.Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated. 4.2. Illinois Grant Funds Recovery Act.Any Grant Funds remaining that are not expended or legally obligated by Grantee at the end of the Agreement period,or in the case of capital improvement Awards at the end of the time period Grant Funds are available for expenditure or obligation,shall be returned to Grantor within forty-five(45)days in accordance with the Grant Funds Recovery Act(30 ILCS 705/1 et seq.). In the event of a conflict between the Grant Funds Recovery Act and the Grant Accountability and Transparency Act,the provisions of the Grant Accountability and Transparency Act shall control.30 ILCS 708/80. 4.3. Cash Management Improvement Act of 1990. Unless notified otherwise in PART TWO or PART THREE.Federal funds received under this Agreement shall be managed in accordance with the Cash Management Improvement Act of 1990(31 USC 6501 et seq.)and any other applicable Federal laws or regulations. 4.4. Payments to Third Parties.Grantee agrees to hold harmless Grantor when Grantor acts in good faith to redirect all or a portion of any Grantee payment to a third party.Grantor will be deemed to have acted in good faith if it is in possession of information that indicates Grantee authorized Grantor to intercept or redirect payments to a third party or when so ordered by a court of competent jurisdiction. 4.5. Modifications to Estimated Amount.If the Agreement amount is established on an estimated basis,then it may be increased by mutual agreement at any time during the Term.Grantor may decrease the estimated amount of this Agreement at any time during the Term if(i)Grantor believes Grantee will not use the funds during the Term,(ii)Grantor believes Grantee has used funds in a manner that was not authorized by this Agreement,(iii)sufficient funds for this Agreement have not been appropriated or otherwise made available to the Grantor by the State or the Federal funding source,(iv)the Governor or Grantor reserves funds,or(v)the Governor or Grantor determines that funds will or may not be available for payment.Grantee will be notified,in writing,of any adjustment of the estimated amount of this Agreement. In the event of such reduction,services provided by Grantee under Exhibit A may be reduced accordingly. Grantee shall be paid for work satisfactorily performed prior to the date of the notice regarding adjustment.2 CFR 200.308. 4.6. Interest. State of Illinois GRANT AGREEMENT FISCAL YEAR 2018/2 27 17 Page 6 of 46