R2001-90 AUTHORIZING THE FILING AND EXECUTION OF CONTRACT

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, � This Transfer Agreement Contract#3170 and Amendment No. 1 to Contract#1024, between the State of Illinois, Department of Transportation ("DepartmenY'), and City of Loves Park, (hereinafter referred to as"DONOR") is hereby made and entered into by the original parties thereto and joined by the additional party known as the City of Decatur. (hereinafter referred to as"DONEE");and, WHEREAS, DONOR, instituted and is or was operating a public or specialized transportation program pursuant to certain federal and/or state funded program grants; and, WHEREAS, DONOR has made a written request to the Department to transfer Project Asset(s) granted to it under federal and/or state assistance(incorporated as Exhibit A); and, WHEREAS, DONOR approved the transfer of the Project Asset(s) by Board Resolution or Ordinance, a copy of which is incorporated herein as Exhibit B,and continues to accept the applicable grant responsibilities; and, WHEREAS, DONEE is an eligible grant recipient and the Project is an eligible project under either the Federal Transit Act or the provisions of the Illinois Civil Administrative Code, 20 ILCS 2709/49 (hereinafter together referred to as"Acts")or both;and, WHEREAS, DONEE has made a written request to the Department for federal and/or state aid for the Project in accordance with the Acts and the procedures established by the Department(incorporated as Exhibit C); and, WHEREAS, DONEE's final request, including subsequent submittals, information, and documentation, as provided by DONEE in support thereof, has been approved by the Department; and, WHEREAS, DONEE approved the transfer of the Project Asset(s) by Board Resolution or Ordinance, a copy of which is incorporated herein as Exhibit D,and has agreed to accept the applicable grant responsibilities; and, WHEREAS, the Department encourages the cooperation between eligible grantees to foster more efficient use of public or specialized transportation asset(s) and believes that this transfer will benefit the applicable federal and/or state funded grant programs and its purposes; NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, this Agreement is made to amend Contract # 1024 with DONOR and to transfer Project Asset(s) from DONOR to DONEE in the form of a Transfer Agreement (hereinafter referred to as the "GranY'), to set forth the terms and conditions upon which the Transfer Agreement 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. ITEM 1A-DEFINITIONS � As used in this Agreement: A. "U.S. DOT"means the United States Department of Transpo�tation. B. "FTA" means the Federal Transit Administration of the United States Department of Transportation. FTA replaces the acronym"UMTA". Any reference in any law, map,regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed a reference to the Federal Transit Administration. C. "Govemmenf'means the govemment of the United States of America and/or the State of Illinois. D. "Contracfor'or"Third Party contractor"means Grantee's contract qr purchase order awarded by the Grantee to a vendor or contractor,financed in whole or part with federal and/or state assistance. E. "Section 16 or 16(8)(2)"means Section 16 of the Federal Transit Act of 1992, as amended, Titled "Grants and Loans for Special Needs of Elderly Individuals and lndividuals with Disabilities" and now codified as 49 USC Asset Transfer Agreement page 4