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R2018-135 Resolution Authorizing Execution and Amendment of FY 2019 Downstate Operating Assistance Grant Agrement with Illinois Department of Transportation
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R2018-135 Resolution Authorizing Execution and Amendment of FY 2019 Downstate Operating Assistance Grant Agrement with Illinois Department of Transportation
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11/21/2018 11:33:21 AM
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Resolution/Ordinance
Res Ord Num
R2018-135
Res Ord Title
R2018-135 Resolution Authorizing Execution and Amendment of FY 2019 Downstate Operating Assistance Grant Agrement with Illinois Department of Transportation
Department
Mass Transit
Approved Date
10/15/2018
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Agreemen#No. 4953(19-1141-9499) <br /> ARTiCLE IV <br /> PAYMENT <br /> 4.1 Availabilitv of Appropriation;�u�ciencv of Funds. This Agreement is contingent upon and <br /> subject to the availability of suffieient funds. Gran#ar may terminate ar suspend this Agreement,in whole or <br /> in part,withaut penalty ar further payment being reqaired, if(i)suff'�cient funds for fhis Agreement have not <br /> been apprapriated or otherwise made available to the Grantor by the State or the Federal funding source,(ii) <br /> the Governor ar Grantor reserves fc€nds,or{iii}the Governor or Grantor determines fhat#unds will not ar may <br /> not be availabie far payment. Grantor shail provide notice, in writing,to Grantee of any such funding faiture <br /> and its election to terminafe or suspend this Agreement as saon as pract�cable, Any suspension or <br /> fermirtation pursuant to this Sectian wili be effective upon the dafe of the wr'�fen natice unless a#herwise <br /> ind icafed. <br /> 4.2 Return of Grant Funds. Any Grant Funds remaining tha#are naf expended ar iegaity <br /> obligated by Grantee at the end of the Agreernen#period,ar in the case of capftai improvement Awards at#he <br /> end of ffte time period Grant Funds are avaitab�e for expendifure or obligation,shali be returned to Grantor <br /> within forty-five(45)days. See 2 CFR 200.343(d);2 CFR 200.305(b)(9);30 ILCS 705/5. <br /> 4.3 Cash Management tm,�rovement Ac�,of 1990. Unless natified a#he�vvise in PART TWO or <br /> PAFtT THREE, Federal funds received under this Agreement shall be managed in accordance with the Cash <br /> Manager�tent tmprovemenf Act af 1890{31 USC 6501 et seg.}and any other applicabte FederaC laws t�r <br /> regui�tions. See 2 CFR 200.305;44 III.Admin.Code Part 7p00. <br /> 4.4 Rayments#o Third Parkies. Granfee agrees to hold harrnless Grantoc when Gran#or acts in <br /> good faith ta redirect all ar a portion of any Grantee paymenf to a third parfy. Grantor wil(be deemed to have <br /> acted in good faith if it is in possess`son of informa#ian that indica#es Gran#ee authorized Grantor to in#ercept <br /> or redirect payments to a#hird party ar when so ordered by a cou�t of cornpetent jurisdiction. <br /> 4.5 Modif':cations to Estima#ed Amount. Ef#he Agreement amourtt is established on an estima#ed <br /> basis,then i#may be increased by mutual agreement at any time during the Term. Grantor may decrease <br /> the estimated atnc�un#of this Agreerr�ent at any fime during the Term i#{i)Grantar believes Gran#ee wii!not <br /> use the funds during the Term, (ii)Grantor believes Grantee has used funds in a manner that was nat <br /> authorized by this Agreement, (iii)su�cient funds for this Agreement have not been appropriated or <br /> ofherwise made avaiCable to the Grantor by the State or the Federal funding source, (iv}tl�e Govemor or <br /> Grantor reserves funds,or(v)the Governor ar Grantor determines that funds will or may no#be available for <br /> payment. Gran#ee will be notifled,in writing,of any adjustment of the estimated amounf of this Agreement. <br /> In fhe event of such�educfion,services provided by Grantee under Exhibit A may be reduced accarding(y. <br /> Grantee shall be paid for work satisfactorily performed priar to the date ofi the notice regarding adjus#ment.2 <br /> CFR 204.308. <br /> 4.6 inferest. <br /> (a) All interest earned on Gran#Funds held by a Grantee shali be treated in accordance <br />' with 2 CFR 200.305{b){9),unCess ofherwise provicted in PART TWO or PART THREE. Any amount <br /> due shall be remitted annually in accardance wifh 2 CFR 200.305(b}(9)or to the Grantor,as <br />, appiicable. <br />� <br /> (b) Grant Funds shali be placed in an insured accaunt,whenever possible,that bears <br /> interest, uniess exerr�pfed under 2 GFR Part 200.305{b)(8}. <br /> State af Illinats <br /> �RA�lT AGREEMENT{UGA}FtBCRI YEAR 2419 J 21418 <br /> Page 7 of 46 <br />
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