R2014-116 EXECUTION OF PUBLIC TRANSPORTATION CAPITAL ASSISTANCE GRANT AGREEMENT

Home Browse Search

CAP-14-1034-ILL, Contract No. 4464 B. Failure to Appropriate Funds and Failure of Grant Authority-This Grant, and the processing of any requisitions and the payment of any funds under this Agreement, is contingent upon the availability of sufficient funds appropriated to the Department by the Illinois General Assembly and the Department's having continued authority to make or continue this Grant. The Grantee understands and agrees that the obligations of the Department to make any grants or payments under this Agreement are conditional upon funds being appropriated therefore by the General Assembly and the Department's having continued authority to make or continue this Grant. The Grantee shall not hold the Department liable for failure by the General Assembly to appropriate sufficient funds for this Project or the Department's lacking the authority to make or continue this Grant. ITEM 7-ACCOMPLISHMENT OF THE PROJECT A. General Requirements-The Grantee shall commence, carry out, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, including all documents listed in ITEM 5 above, and in compliance with all applicable laws and Department guidelines, as from time to time adopted. B. Pursuant to Federal. State. and Local Law- In the performance of its obligations pursuant to this Agreement,the Grantee and its contractors shall comply with all applicable provisions of federal, state and local law. All limits and standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements and shall not affect the application to the performance of the Project of more restrictive local standards that are not inconsistent with the limits and standards of this Agreement. The Grantee agrees that the most recent of such state requirements in effect will govern the administration of this Agreement at any particular time, except if there is sufficient evidence in the Agreement of a contrary intent. Such contrary intent might be evidenced by a letter signed by the Department, the language of which modifies or otherwise conditions the text of a particular provision of this Agreement. Likewise, new state laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed that may apply to this Agreement. To achieve compliance with changing state requirements, the Grantee agrees to include in all sub-grantee agreements and third party contracts financed in whole or in part with Department assistance specific notice that state requirements may change and the changed requirements will apply to the Project. C. Funds of the Grantee-The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. D. Changed Conditions Affecting Performance-The Grantee shall immediately notify the Department of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. E. No State Obligations to Third Parties-The Department shall not be subject to any obligations or liabilities by, through, or to contractors of the Grantee or their subcontractors or any other person not a party to this Agreement in connection with the performance of this Project, without State Capital Grant Page 7