R2001-90 AUTHORIZING THE FILING AND EXECUTION OF CONTRACT

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' t I ITEM 6-REVERSION OF FUNDS A. Illinois Grant Funds Recovery Act This Grant is subject to the Illinois Grant Funds Recovery Act, 30 ILCS 705/1. 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 retumed to the Department within 45 days. Project close-out shall be in accordance with the Project Settlement&Close- Out ITEM of this Agreement. B. Failure to Appropriate Funds If applicable,the Grant is contingent upon the availability of sufficient funds appropriated to the Department. ITEM 7-ACCOMPLISHMENT OF THE PROJECT A. General Requirements-The Grantee shall commence, carry on, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, the Application, and all applicable laws and Department guidelines. B. Pursuant to Federal, State,and Local Law - In performance of its obligations pursuant to this Grant Agreement, the Grantee and its contractors shall comply with all applicable provisions of federal, state and local law. All limits and standards set forth in this Agreement that are to be observed in the performance of the Project are minimum requirements and shall not affect the application of more restrictive local standards to the performance of the Project. The Grantee agrees that the most recent of such applicable federal and/or state requirements will govern the administration of this Agreement at any particular time, except if there is sufficient evidence in the Agreement of a contrary intent. Such contrary intent might be evidenced by a letter signed by either the FTA or the Department, the language of which modifies or otherwise conditions the text of a particular provision of this Agreement. Likewise, new federal and state laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed and may apply to this Agreement. To achieve compliance with changing federal and state requirements, the Grantee agrees to include in all sub-grantee agreements and third party contracts financed with Government assistance, specific notice that federal and . state requirements may change and the changed requirements will apply to the Project as required. 1. Specifically, Grantee and Contractors agree to�Mddminister the Project in accordance with the applicable federal and state provisions, including all applicable FTA Circlulars at 49 CFR Parts 18& 19. C. Changed Conditions Affecting Performance - The Grantee shall immediately notify the Department of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. D. No Government Obliqations to Third Parties-The Department and FTA shall not be subject to any obligations or liabilities by contractors of the Grantee or their subcontractors�or any other person not a party to this contract in connection with the performance of this Project pursuant to the provisions of this Agreement without its specific written consent. Grantee agrees to include this clause in each contract and subcontract financed in whole or in part with federal assets by FTA. It is further agreed that this clause shall not be modified,except to identify the subcontractor who will be subject to this provision. E. Illinois Law- Notwithstanding federal preemption,this Agreement shall be construed in accordance with the laws of the State of Illinois. Asset Transfer Agreement page 7 �