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DocuSign Envelope ID:43D4036D-D682-462E-A5F7-A934F6159889
<br /> Agreement No. OP-24-47-IL
<br /> Part 2 GENERAL PROVISIONS
<br /> A. Changes If any circumstances or condition in this Agreement changes, the PARTICIPANT must notify the
<br /> DEPARTMENT in writing within seven (7)days.
<br /> B. Compliance/Governing Law The terms of this Agreement shall be construed in accordance with the laws of the
<br /> State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance
<br /> with all applicable state and federal laws. The Parties hereby enter into this Intergovernmental Agreement
<br /> pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
<br /> C. Availability of Appropriation This Agreement is contingent upon and subject to the availability of funds.The
<br /> DEPARTMENT, at its sole option, may terminate or suspend this Agreement, in whole or in part,without penalty
<br /> or further payment being required, if the Illinois General Assembly or any other funding source fails to make an
<br /> appropriation sufficient to pay such obligation, or if(1)funds needed are insufficient for any reason; (2)the
<br /> Governor decreases the DEPARMENT's funding by reserving some or all of the DEPARTMENT's appropriation(s)
<br /> pursuant to power delegated to the Governor by the Illinois General Assembly;or(3)the DEPARMENT
<br /> determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or
<br /> advisable based upon actual or projected budgetary considerations. PARTICIPANT will be notified in writing of
<br /> the failure of appropriation or of a reduction or decrease.
<br /> D. Record Retention All costs charged to the Project, as defined in Part 4, shall be supported by properly executed
<br /> and clearly identified payroll records,time records, invoices, contracts, vouchers or checks evidencing in detail
<br /> the nature and propriety of the charges. Such documentation shall be readily accessible on site at least until
<br /> Project closeout.
<br /> The PARTICIPANT shall maintain,for a minimum of three years after the completion of the contract, adequate
<br /> books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of
<br /> funds passing in conjunction with the contract. The contract and all books, records, and supporting documents
<br /> related to the contract shall be available for review and audit by the Auditor General or the DEPARTMENT
<br /> (hereinafter"Auditing Parties"). The PARTICIPANT agrees to cooperate fully with any audit conducted by the
<br /> Auditing Parties and to provide full access to all relevant materials. Failure to maintain the books, records,and
<br /> supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the
<br /> recovery of any funds paid by the State under the contract for which adequate books, records, and supporting
<br /> documentation are not available to support their purported disbursement.
<br /> If any litigation, claim, negotiation, audit or other action involving the records has been started prior to the
<br /> expiration of the three-year period, PARTICIPANT shall retain the records for three years after completion of
<br /> the action and resolution of all issues arising from it.
<br /> E. Inspection and Audit PARTICIPANT shall permit, and shall require its contractors and auditors to permit, the
<br /> DEPARTMENT, and any authorized agent of the DEPARTMENT,to inspect all work, materials, payroll, audit
<br /> working papers, and other data and records pertaining to the Project; and to audit the books, records, and
<br /> accounts of the PARTICIPANT with regard to the Project. The DEPARTMENT may, at its sole discretion and at
<br /> its own expense, perform a final audit of the Project. Such audit may be used for settlement of the grant and
<br /> Project closeout. PARTICIPANT agrees to implement any audit findings contained in the DEPARTMENT's final
<br /> audit,the PARTICIPANT's independent audit, or as a result of any duly authorized inspection or review.
<br /> PARTICIPANT agrees to permit the DEPARTMENT to conduct scheduled or unscheduled inspections of
<br /> PARTICIPANT's public transportation services. Such inspections shall be conducted at reasonable times,
<br /> without unreasonable disruption or interference with any transportation service or other business activity of
<br /> the PARTICIPANT or any Service Board.
<br /> PARTICIPANT agrees to notify the DEPARTMENT of any pending federal triennial review as soon as it is
<br /> scheduled and to permit the DEPARTMENT to attend same.
<br /> F. Cost Category Transfer Request DEPARTMENT approval is required for all transfers between or among
<br /> appropriated and allocated cost categories. To secure approval,the PARTICIPANT must submit a written
<br /> request to the DEPARTMENT detailing the amount of transfer, the cost categories from and to which the transfer
<br /> is to be made, and rationale of the transfer.
<br /> G. Procurement Procedures The PARTICIPANT must comply with the Illinois Procurement Code when purchasing
<br /> products or services with State of Illinois funds"State Funds" 30 ILCS 500. In the absence of formal procedures
<br /> Printed 08/17/21 Page 4
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