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

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This Agreement is made by and between the State of Illinois (hereinafter the "State"), acting by and through the Illinois Department of Transportation, Division of Public and Intermodal Transportation (hereinafter the "Department"), and the Citv of Decatur (hereinafter the "Grantee," which term shall include its successors and assigns). WHEREAS, the Grantee proposes to provide public transportation services in a downstate area of Illinois; WHEREAS, the Grantee has made application to the Department under Article II of the Illinois Downstate Public Transportation Act, (30 ILCS 740/2-1 et se�c., hereinafter the "Act"); the Department's implementing regulations thereunder(92 Illinois Administrative Code Part 653, hereinafter the "Rules") and the forms included in the Department's current "Downstate Public Transportation Operating Assistance Program" (hereinafter the "Standard Forms"); and WHEREAS, the Department has approved the Grantee's application and has certified to the Illinois Department of Revenue the Grantee's boundaries and its eligibility to participate under the Act; NOW THEREFORE, in consideration of the mutual covenants set forth herein, this Agreement is made to provide state operating assistance funds to Grantee and to set forth the terms and conditions of such assistance. ITEM 1 - PROJECT SCOPE Grantee agrees to provide the public transportation services described in its final approved application and program of proposed expenditures approved by the Department, and in accordance with the Act, the Rules, the Standard Forms and all other applicable laws and regulations. Grantee shall not reduce, terminate, or substantially change such public transportation services without prior written notification to the Department. 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 limitations: 1) in no event shall the amount paid under this Agreement exceed sixty-five percent (65%) of Grantee's eligible operating expenses incurred during fiscal year 2009, 30 ILCS 740/2-7 (b); 2) in no event shall the Grantee's appropriation in Fiscal Year 2009 be less than the Grantee's Fiscal Year 2008 appropriation, 30 ILCS 740/2-7 (b-10); and 3) in no event shall the amount paid under this Agreement together with any operating assistance received by the Grantee from any federal, state or local agency in fiscal year 2009 exceed Grantee's actual operating deficit for that year.