R2008-143 AUTHORIZING AN AGREEMENT FOR FY-2009 TRANSIT OPERATING ASSISTANCE GRANT

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.' • ' � AMENDMENT NO. 1 TO THE , DOWNSTATE PUBLIC TRANSPORTATION OPERATING ASSISTANCE GRANT AGREEMENT between STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION DIVISION OF PUBLIC AND INTERMODAL TRANSPORTATION and CITY OF DECATUR CONTRACT NUMBER: 3796 GRANT NUMBER: OP-09-08-IL This Amendment No. 1 to an Agreement dated October 8, 2008 between the State of Illinois, Department of Transportation, Division of Public and Intermodal Transportation, and the Citv of Decatur, is made and entered into by and between the parties thereto. In consideration of the mutual covenants contained herein and in such Agreement, the Parties agree as follows: To amend the "Downstate Public Transportation Operating Assistance Grant Agreement" by deleting ITEM 2 and replacing it with the following: ITEM 2 - PROJECT BUDGET Under the Act, the Department enters into this Grant Agreement to implement Grantee's approved program of expenditures, within the following condition: The Grantee shall be paid under this Agreement sixty-five percent (65%) of Grantee's eligible operating expenses incurred during fiscal year 2009, up to the amount appropriated to the Department relative to the Grantee in Public Act 95-0732, as long as there are sufficient funds transferred into the Downstate Public Transportation Fund (30 ILCS 740/2-7 (b)), and provided that the amount paid under this Agreement together with any operating assistance received by the Grantee from any other state or local agency for fiscal year 2009 does not exceed Grantee's actual operating deficit for that year. The Department has approved and agrees to make a grant in the estimated amount of $4,262,973, subject to the limitations set forth above, the Act and the Rules. In the event that a Grantee receives an amount in excess of the amount provided to be paid to the Grantee above, or the combined state and local operating assistance grants for fiscal year 2009 exceed Grantee's actual operating deficit for that year, Grantee agrees to remit to the State any excess funds received. For purposes of this Agreement, the term "operating deficit" shall have the following meaning set forth in Section 2-2.03 of the Act (30 ILCS 740/2-2.03): "the amount by which eligible operating expenses exceed revenue from fares, reduced fare reimbursements, rental of properties, advertising, and any other amounts collected and received by a provider of public transportation, which, under standard accounting practices, are properly classified as operating revenue or operating income attributable to providing public transportation and revenue from any federal financial assistance received by the participant to defray operating expenses or deficits. For purposes of determining operating deficits, local effort from local taxes or its equivalent shall not be included as operating revenue or operating income." Grantee agrees to commit the necessary local funding to cover costs incurred in providing public transportation which are not reimbursed under this Agreement or by other federal, state or local assistance programs.