R2023-145 Resolution Authorizing Execution and Agreement of FY2024 Transit Downstate Operating Grant Agreement with Illinois Department of Transportation

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DocuSign Envelope ID:43D4036D-D682-462E-A5F7-A934F6159889 Agreement No. OP-24-47-IL c. Notifying the employee that, as a condition of employment on such contract or grant,the employee will: L abide by the terms of the statement; and ii. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)days after such conviction. 2. Establishing a drug free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the PARTICIPANT's policy of maintaining a drug free workplace; c. any available drug counseling, rehabilitation, and employee assistance programs; and d. the penalties that may be imposed upon an employee for drug violations. 3. Providing a copy of the statement required by subparagraph (1)to each employee engaged in the performance of the Program and to post the statement in a prominent place in the workplace. 4. Notifying the DEPARTMENT within ten (10)days after receiving notice under part(Q)of paragraph (1)of subsection (ii)above from an employee or otherwise receiving actual notice of such conviction. 5. Imposing a sanction on or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by Section 5 of the Drug Free Workplace Act. 6. Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place. 7. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. R. Equipment The DEPARTMENT and the PARTICIPANT agree to the following: 1. The PARTICIPANT acknowledges that any equipment purchased under this Agreement must remain the property of the DEPARTMENT; 2. The PARTICIPANT must use the equipment for the authorized purpose under Part 4(Scope of Service/Responsibilities)during the period of performance or the equipment's entire useful life; 3. The PARTICIPANT must not sell, transfer, encumber, or otherwise dispose of any equipment that is acquired under this Agreement without prior DEPARTMENT's written approval; 4. In cases where the PARTICIPANT fails to dispose of any equipment properly, as determined by the DEPARTMENT, the PARTICIPANT may be required to reimburse the DEPARTMENT for the cost of the equipment; and 5. For purposes of this provision, "equipment" includes any tangible or intangible product, having a useful life of two years or more, an acquisition cost of at least$100, and used solely in PARTICIPANT's performance under this Agreement. S. PARTICIPANT'S Warranties PARTICIPANT warrants that it has the requisite fiscal, managerial, and legal capability to carry out the Project and to receive and disburse Project funds. PARTICIPANT agrees to initiate and consummate all actions necessary to enable it to enter into this Agreement. PARTICIPANT warrants that there is no provision in its charter, bylaws, or any rules, regulations, or legislation that prohibits, voids, or otherwise renders unenforceable against PARTICIPANT any provision or clause of this Agreement. PARTICIPANT warrants further that it has paid all federal, state and local taxes levied or imposed and will continue to do so,excepting only those that may be contested in good faith. PARTICIPANT agrees that upon execution of this Agreement, PARTICIPANT will deliver to the DEPARTMENT: 1. a legal opinion from an attorney licensed to practice law in Illinois and authorized to represent the PARTICIPANT in the matter of this Agreement, stating: a. the PARTICIPANT is lawfully organized; b. the PARTICIPANT is an eligible "participant" as defined in the Downstate Public Transportation Act(30 ILCS 740)(the"Act"); c. the PARTICIPANT is legally authorized to enter into this Agreement; and d. this Agreement will be legally binding on the PARTICIPANT. 2. a certified copy of a resolution or ordinance adopted by the PARTICIPANT's governing body that Printed 08/17/21 Page 10