R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

Home Browse Search

CAP-10-962-ARRA, Contract No. 4021 obligations assumed hereunder and (iii) that the Grantee will comply with all lawful statutes, ordinances, rules, and regulations as may apply to the obligations assumed hereunder. The Grantee agrees that, prior to Department execution of this Agreement, the Grantee will provide to the Department: A. An opinion of counsel, acceptable to the Department, that the Grantee is an eligible participant in the Project, that the Grantee has complied fully with the pertinent requirements of state and federal law, its charter, bylaws and internal procedures in entering into this Agreement; that there is no pending litigation concerning the authority of the Grantee to enter into and carry out this Agreement, and that this Agreement is legally binding upon the Grantee; B. A certified copy of the resolution of the Grantee's governing board authorizing and approving execution of this Agreement; and C. An executed copy of the"IDOT& FTA Standard Certifications and Assurances for Grantees" which is referenced as Exhibit C (on file with the Department). ITEM 16 -CONTRACTS OF THE GRANTEE The Grantee shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project, without the prior written approval by an authorized representative of the Department except where expressly provided otherwise in Department guidelines, or where specifically approved in writing by the Department. Each contract entered into by the Grantee must be approved by the Department prior to the Grantee executing such contract, except as provided in Department guidelines. The Grantee shall include a requirement in all Grantee contracts with third parties that the contractor complies with the requirements of this Agreement in performing such contract, and that the contract be subject to the terms and conditions of this Agreement. ITEM 17-PROCUREMENT A. Contracts-All contracts for goods, property and services exceeding $10,000 must be approved by the Department prior to the Grantee executing or obligating itself to such contracts, unless otherwise specifically agreed to by the Department in writing. Any such contract or subcontract approved by the Department shall contain all of the contract clauses provided pursuant to this Agreement, and to conform to the requirements of FTA Circular 4220.1 E, "Third Party Contracting Requirements" November 1, 2008 and any later revisions thereto, and 49 CFR§ 18.36 or at 49 CFR§§ 19.40 through 19.48, and other applicable federal regulations pertaining to third party procurements and subsequent amendments thereto. The Grantee shall follow state and federal law and procedures(and local policies not inconsistent therewith)when awarding and administering contracts. The Grantee agrees to give full opportunity for free, open and competitive procurement for each contract as required by state and federal law. B. Exclusionarv or Discriminatorv Specifications-Apart from inconsistent requirements imposed by federal and state law, the Grantee agrees and shall require all of its contractors for the Project to agree that no federal or state funds shall be used to support procurement utilizing exclusionary or discriminatory specifications and it will comply with 49 U.S.C. § 5323(h). C. Award to Other Than the Lowest Bidder- In accordance with 49 U.S.C. § 5325(c), the Grantee may award a third party contract to other than the lowest bidder in connection with a procurement, only when such award furthers an objective (such as improved long-term operating efficiency and lower costs)consistent with the purposes of 49 U.S.C. Chapter 53, and any implementing regulations that FTA may issue. State/Federal Capital Grant Page 2�