R2020-160 Resolution Authorizing Accepting the 2020-2021 Step Grant Awarded to the Decatur Police Department by the Illinois Department of Transportation

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Agreement No.HS-21-0087,04-02 26.8 Applicable Law:Claims. This Agreement and all subsequent amendments thereto, if any,shall be governed and construed in accordance with the laws of the state of Illinois. Any claim against Grantor arising out of this Agreement must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1 et seq. Grantor does not waive sovereign immunity by entering into this Agreement. 26.9 Compliance with Law. This Agreement and Grantee's obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and state laws, including,without limitation,federal regulations,State administrative rules, including 44111.Admin. Code 7000,and any and all license requirements or professional certification provisions. 26.10 Compliance with Confidentiality Laws. If applicable, Grantee shall comply with applicable state and federal statutes,federal regulations and Grantor administrative rules regarding confidential records or other information obtained by Grantee concerning persons served under this Agreement. The records and information shall be protected by Grantee from unauthorized disclosure. 26.11 Compliance with Freedom of Information Act. Upon request, Grantee shall make available to Grantor all documents in its possession that Grantor deems necessary to comply with requests made under the Freedom of Information Act. (5 ILCS 140/7(2)). 26.12 Precedence. (a) Except as set forth in subparagraph(b), below,the following rules of precedence are controlling for this Agreement: In the event there is a conflict between this Agreement and any of the exhibits or attachments hereto, this Agreement shall control. In the event there is a conflict between PART ONE and PART TWO or PART THREE of this Agreement, PART ONE shall control. In the event there is a conflict between PART TWO and PART THREE of this Agreement, PART TWO shall control. In the event there is a conflict between this Agreement and relevant statue(s)or rule(s),the relevant statute(s)or rule(s)shall control. (b) Notwithstanding the provisions in subparagraph(a),above, if a relevant federal or state statue(s) requires an exception to this Agreement's provisions,or an exception to a requirement in this Agreement is granted by GATU, such exceptions must be noted in PART TWO or PART THREE,and in such cases,those requirements control. 26.13 Illinois Grant Funds Recovery Act. In the event of a conflict between the Illinois 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. 26.14 Headings. Article and other headings contained in this Agreement are for reference purposes only and are not intended to define or limit the scope, extent or intent of this Agreement or any provision hereof. 26.15 Entire Agreement. Grantee and Grantor acknowledge that this Agreement constitutes the entire agreement between them and that no promises,terms,or conditions not recited, incorporated or referenced herein, including prior agreements or oral discussions, shall be binding upon either Grantee or Grantor. 26.16 Counterparts. This Agreement may be executed in one or more counterparts,each of which shall be considered to be one and the same agreement, binding on all Parties hereto,notwithstanding that all Parties are not signatories to the same counterpart. Duplicated signatures, signatures transmitted via facsimile,or signatures contained in a Portable Document Format(PDF)document shall be deemed original for all purposes. 26.17 Attorney Fees and Costs. Unless prohibited by law, if Grantor prevails in any proceeding to enforce the terms of this Agreement, including any administrative hearing pursuant to the Grant Funds Recovery Act or the Grant Accountability and Transparency Act,the Grantor has the right to recover reasonable attorneys'fees,costs and expenses associated with such proceedings. 26.18 Continuing Responsibilities.The termination or expiration of this Agreement does not affect: (a)the right of the Grantor to disallow costs and recover funds based on a later audit or other review; (b)the obligation of the Grantee to return any funds due as a result of later refunds,corrections or other transactions, including final indirect cost rate adjustments, including those funds obligated pursuant to ARTICLE XVII; (c)the Consolidated Year-End Financial Report; (d)audit requirements established in ARTICLE XV; (e)property management and disposition requirements established in 2 CFR 200.310 through 2 CFR 200.316 and ARTICLE XXII;or(f)records related requirements pursuant to ARTICLE X11.44 III.Admin. Code 7000.450. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT(U-IGA)FISCAL YEAR 2021/2 5 20 Page 22 of 42