R2010-138 AUTHORIZING APPLICATION FOR A PUBLIC TRANSPORTATION CAPITAL ASSISTANCE GRANT

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This Contract No. 4021 (hereinafter referred to as "AgreemenY') is made by and between the Illinois Department of Transportation, Division of Public and Intermodal Transportation, (hereinafter referred to as the "State"or"Department")and the Citv of Decatur, (hereinafter referred to as the "Grantee,"which term shall include its successors and assigns). WHEREAS, the State has received a Federal Transit Administration mass transportation capital Section TIGGER grant,for Project No. IL-77-0004, for the purpose of partially funding eligible capital grant projects, and WHEREAS, the Grantee is undertaking a mass transportation capital project(the "Project")as described in the Grantee's final approved application which is incorporated herein by reference as Exhibit"A" hereto; and WHEREAS, the Grantee is an eligible grant recipient and the Project is an eligible mass transportation project under the provisions of the Civil Administrative Code of Illinois (20 ILCS 2705, et seq.), and the General Obligation Bond Act(30 ILCS 330/1 et seq.)(hereinafter collectively referred to as the "Acts"); and WHEREAS, the Grantee has made application to the Department for federal or state and federal aid for the Project in accordance with one or both of the Acts and pursuant to procedures established by the Department; and WHEREAS, the Grantee's final application, including subsequent submittals, information, and documentation as provided by the Grantee in support thereof, has been approved by the Department; NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree that the above recitals are made a part of this Agreement, that this Agreement is made to provide federal or state and federal financial assistance to the Grantee in the form of a capital grant(hereinafter referred to as the"Grant"), to set forth the terms and conditions upon which the Grant will be made and to set forth the agreement of the Parties as to the manner in which the Project will be undertaken, completed and used. The parties further agree as follows: ITEM 1 - DEFINITIONS As used in this Agreement: A. "Mass Transportation Service"means general or special transportation service provided to the public(but not school bus, charter, sightseeing service, intercity bus transportation or intercity passenger rail transportation)on a regular and continuing basis, in the service area described in the Grantee's final approved application. The term "Mass Transportation Service" also includes "public transportation" and "transit." B. "Net Project CosY'means the sum of the eligible costs incurred in performing the work on the Project, including work done by the Grantee, less proceeds from sale of scrap and replaced facilities. C. "ProjecY'means the mass transportation capital project for which grant funds are to be used by the Grantee pursuant to this Agreement, as described in the Grantee's final approved application. D. "Project Facilities"means any facilities, equipment or real property purchased, acquired, constructed, improved, renovated or refurbished as part of the Project. E. "FTA" means the Federal Transit Administration of the United States Department of Transportation. State/Federal Capital Grant Page 4