R2020-175 Resolution Authorizing Acceptance of an Intergovernmental Grant Agreement between the State of Illinois Department of Commerce & Economic Opportunity and the City of Decatur, Illinois to Expand the City of Decatur Fiber Network

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Agreement No 20.203215 26,7: No Yi_Oj r1,g`r.No failure of either Party to assert any right or remedy hereunder will act as a waiver of either Party's right to assert such right or remedy at a later time or constitute a course of business upon which either Party may rely for the purpose of denial of such a right or remedy. 26.8. Applic.r ire La_ wClaims, 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 ILLS 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. �iartee with Confidentiality Lbws.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. 2b.11. Compliance with Freedom oflnformation Amt,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 ILLS 140/7(2)). 26.12 Precedency. (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 QJ and PART TWO or Plt t"f 7HR �of this Agreement,PART ONE shall control.In the event there is a conflict between PART M and PART THREE of this Agreement,PART TWCI shaft control.In the event there is a conflict between this Agreement and relevant statute(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 statute(s)or rule(s)requires an exception to this Agreement's provisions,or an exception to a requirement in this Agreement is granted by GATII,such exceptions must be noted in PART TWO O or PART THREE,and in such cases,those requirements control. 26.13. Illinois Grant F}Ln4s 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 'i ransparency Act shall control.30 ILLS 708/80. 26.14. Headinpts,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 AMment.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. ounterpart�.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 State of Illinois INTER-GOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2021/2 2. 20 Page 24 of 48