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R2019-107 Resolution Authorizing Execution and Amendment of FY 2020 Transit Operating Assistance Grant Agreement with Illinois Department of Transportation
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R2019-107 Resolution Authorizing Execution and Amendment of FY 2020 Transit Operating Assistance Grant Agreement with Illinois Department of Transportation
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1/13/2020 11:12:35 AM
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8/12/2019 8:35:59 AM
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Resolution/Ordinance
Res Ord Num
R2019-107
Res Ord Title
R2019-107 Resolution Authorizing Execution and Amendment of FY 2020 Transit Operating Assistance Grant Agreement with Illinois Department of Transportation
Department
Mass Transit
Approved Date
8/5/2019
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Agreement No.5063(20-1141-13467) <br /> ARTICLE IV <br /> PAYMENT <br /> 4.1 Availability of A�Rropriation: Sufficiency of Funds. This Agreement is contingent upon and subject to the <br /> availability of su�cient funds. Grantor may terminate or suspend this Agreement, in whole�r in part,without penalty or <br /> further payment being required, if(i)su�cient funds for this Agreement have not been appropriated or otherwise made <br /> available to the Grantor by the State or the federal funding source, (i!j the Govemor o�Grantor reserves funds, or(iii)the <br /> Governor or Grantor determines that funds will not or may not be availabie for payment. Grantor shali provide notice, in <br /> writing, to Grantee of any such funding failure and its election tv terminate or suspend this Agreement as soon as <br /> practicable. Any suspension or termination pursuant to this Sectian will be effective upon the date of the written notice <br /> unless otherwise indicated. <br /> 4.2 f3�tum of Grant Funds. Any Grant Funds remaining that are not expended or legally obligated by Grantee, <br /> including those funds obligated pursuant to ARTICLE XVII, at the end of the Agreement period,or in the case of capital <br /> improvement Awards at the end of the time period Grant Funds are available for expenditure or obligation, shall be <br /> returned to Grantor within forty-five(45)days.A Grantee who is required to reimburse Grant Funds and who enters into a <br /> deferred payment plan for the purpose of satisfying a past due debt,sh�ll be required to pay interest on such debt as <br /> required by Section 10.2 of the Illinois State Collection Act of 1986.30 ILCS 210; 44 111.Admin.Code 7000.450(c). In <br /> addition, as required by 44 III.Admin.Code 7QQ0.440(b){2), unless granted a written extension, Grantee must liquidate all <br /> obligations incurred under the Award at the end of the period of performance. <br /> 4.3 Cash Management Im�rovement Act of 1990. Unless noti�ed otherwise in PART TWO or PA�,.T THREE, <br /> federal funds received under this Agreement shall be managed in accordance with the Cash Management Improvement <br /> Act of 1990 (31 USC 6501 et seq.)and any other applicable federal laws or regulations.See 2 CFR 200.305;44 III. <br /> Admin. Code Part 7000. <br /> 4.4 P�yment$t,q Third Parti�s. Grantee agrees to hold harmless Grantor when Grantor acts in good faith to <br /> 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 <br /> in possession of information that indicates Grantee authorized Grantor to intercept or�edirect payments to a third party or <br /> when so ordered by a c�urt of competent jurisdiction. <br /> 4.5 Modifications to Estimated Amount. If the Agreement amount is established on an estimated basis,then it <br /> may be increased by mutual agreement at any time during the Term. Grantor may decrease the estimated amount of this <br /> Agreement at any time during the Term if(i)Grantor believes Grantee will not use the funds during the Term, (ii)Grantor <br /> believes G�antee has used funds in a manner that was not authorized by this Agreement, (iii)sufficient funds for this <br /> Agreement have not been appropriated or othervvise made ava�lable to the Grantor by the State or the federal funding <br /> source, (iv)the Governor or Grantor reserves funds, or(v)the Govesnor or Grantor determines that funds will or may not <br /> be available for payment. Grantee will be notified, in writing,of any adjustment of the estimated amount of this <br /> Agreement. In the event of such reduction,services provided by Grantee under.�tl.�bit A may be reduced accordingly. <br /> Grantee shall be paid for work satisfactorily performed prior to the date of the notice regarding adjustment. 2 CFR <br /> 200.308. <br /> 4.6 Inte rest. <br /> (a) All interest earned on Grant Funds held by a Grantee shall be treated in accordance with 2 CFR <br /> 200.305(b)(9), unless otherwise provided in PART TWO or PART THREE.Any amount due shall be remitted <br /> annually in accordance with 2 CFR 200.305(b)(9)or.to the Grantor, as applicable. <br /> (b) Grant Funds shall be placed in an insured account,whenever possible, that bears interest,unless <br /> exempted under 2 CFR Part 200.305(b)(8). <br /> � <br /> State of Illinois <br /> GRANT AGREEMENT FISCAL YEAR 2020/1 7 19 <br /> Page 7 of 43 <br />
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