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

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same in writing. However, any amendment to the Approved Project Budget should be in accordance with the provisions of ITEM 32. ITEM 5- DOCUMENTS FORMING THIS AGREEMENT The Parties agree that this Agreement constitutes the entire agreement between the Parties hereto, that there are no agreements or understandings, implied or expressed, except as specifically set forth in this Agreement, and that all prior arrangements and understandings related hereto are merged into or superseded by this Agreement. The Parties hereto further agree that this Agreement consists of this State/Federal Capital Assistance Grant Agreement; together with Exhibit"A"entitled "Grantee's Application" (on file with the Department); Exhibit"B" entitled "Approved Project BudgeY'; Exhibit"C" entitled "IDOT& FTA Assistance Programs Certifications and Assurances"(on file with the Department); Exhibit"D" entitled "Grantee's Board Resolution"(on file with the Department); and Exhibit"E" entitled "U.S. Department of Labor Transit Employee Protective Requirements Certification"(on file with the Department), all of which are, by this reference, specifically incorporated herein and made a part hereof. ITEM 6—REVERSION OF GRANT FUNDS A. Illinois Grant Funds Recoverv Act-This Grant is subject to the Illinois Grant Funds Recovery Act, 30 ILCS 705/1. This Grant is valid until June 30, 2015, and grant funds are available to the Grantee and may be expended by the Grantee until said date unless the Department, at its discretion, grants an extension of time. Any grant funds which are not expended or legally obligated by the Grantee at the end of the Grant Agreement or by the expiration of the period of time grant funds are available for expenditure or obligation, whichever is earlier, shall be returned to the Department within 45 days. Project close-out shall be in accordance with the Project Settlement&Close-Out ITEM of this Agreement. This date is subject to further revision at the sole determination and discretion of the Department B. Failure to Appropriate Funds-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.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 Grantee shall not hold the Department liable for failure by the General Assembly to appropriate sufficient funds for this Project. C. This Grant and the processing of any requisitions from the Grantee and the payment of any funds to the Grantee is contingent upon this Project and the Grantee meeting all federal and state requirements, and is further contingent upon the DepartmenYs receipt of the federal funds for this Project. State/Federal Capital Grant Page 6