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 PART 4 SCOPE OF SERVICE/RESPONSIBILITIES A. Project Scope PARTICIPANT agrees to provide the public transportation services described in its final approved application and program of proposed expenditures("POPE"or"Project")approved by the DEPARTMENT, and in accordance with the Act, the rules governing the Downstate Operating Assistance Program (92 IL Admin. Code 653)(the"Rules"), and all other applicable laws and regulations. PARTICIPANT shall not reduce,terminate, or substantially change such public transportation services or increase fares without prior written notification to the DEPARTMENT. B. Project Budget Under the Act, the DEPARTMENT enters into this Agreement to implement PARTICIPANT's approved program of expenditures and services, within the following condition: The PARTICIPANT shall be paid under this Agreement sixty-five percent(65%)of PARTICIPANT's eligible operating expenses incurred during fiscal year 2024, up to the corresponding identical or minimally different appropriation amount provided by the appropriation legislation for fiscal year 2024, as per 30 ILCS 740/2-7(b-10) and 30 ILCS 740/2-3(d), as long as there are sufficient funds transferred into the Downstate Public Transportation Fund (30 ILCS 740/2-7 (b)) and provided that the amount paid under this Agreement together with any operating assistance received by the PARTICIPANT from any other state or local agency for fiscal year 2024 does not exceed PARTICIPANT's actual operating deficit for that year. The DEPARTMENT has approved and agrees to enter into this Agreement in the estimated amount of $13,379.000.00 , subject to the limitations set forth above,the Act and the Rules. In the event that a PARTICIPANT receives an amount in excess of the amount provided to be paid to the PARTICIPANT above, or the combined state and local operating assistance funds for fiscal year 2024 exceed PARTICIPANTs actual operating deficit for that year, PARTICIPANT agrees to remit to the State any excess funds received. For purposes of this Agreement, the term"operating deficit"shall have the following meaning set forth in Section 2-2.03 of the Act(30 ILCS 740/2-2.03): "the amount by which eligible operating expenses exceed revenue from fares, reduced fare reimbursements, rental of properties, advertising, and any other amounts collected and received by a provider of public transportation, which, under standard accounting practices, are properly classified as operating revenue or operating income attributable to providing public transportation and revenue from any federal financial assistance received by the participant to defray operating expenses or deficits. For purposes of determining operating deficits, local effort from local taxes or its equivalent shall not be included as operating revenue or operating income." PARTICIPANT agrees to commit the necessary local funding to cover costs incurred in providing public transportation that are not reimbursed under this Agreement or by other federal, state or local assistance programs. C. Payment Procedures The DEPARTMENT shall process up to a total of 24 payments, comprising of a combination of advance, reimbursement or reconciling payments,to PARTICIPANT upon the timely receipt of quarterly expense and revenue submitted on the DEPARTMENT's prescribed forms. Payments will be processed upon the DEPARTMENT determining if and to what extent the request is for eligible operating expenses incurred in conformity with PARTICIPANT's approved application and the Act. PARTICIPANTs shall have the flexibility to request: 1. Monthly advances based on its estimated quarterly expense and revenue, up to the date the actual expense and revenue for that quarter is required to be filed with the DEPARTMENT; or 2. A reimbursement for actual monthly expense and revenue incurred; or 3. A combination of both. Advance payments may not be processed by the DEPARTMENT, or dated by the PARTICIPANT, earlier than thirty days prior to the start of the quarter for which the advance is requested. No payments will be made until the State's annual budget has been passed, and this Agreement is fully executed by both the DEPARTMENT and the PARTICIPANT and successfully filed with the Office of the Comptroller. PARTICIPANT shall file actual expense and revenue incurred in the 1st, 2nd, 3rd and 4th quarters no later than November 1, February 1, May 1, and August 1, respectively. Printed 08/17/21 Page 12