R2000-84 AUTHORIZING THE FILING AND EXECUTION OF AMENDMENT NO. 3 OF AN AMENDED APPLICATION

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� , ITEM 15-GRANTEE'S WARRANTIES The Grantee agrees to initiate and consummate all actions necessary to enable it to properly and lawfully enter into this Agreement. The Grantee warrants that there is no provision of its charter, by-laws or any rules, regulations,or legislation which prohibits,voids, or otherwise renders unenforceable against the Grantee any provision or clause of this Agreement. The Grantee warrants further that it has paid all federal, state and local taxes levied or imposed and will continue to do so,excepting only those which may be contested in good faith,that the Grantee has or will obtain all licenses, permits or other authorizations required to meet the obligations assumed hereunder and that the Grantee will comply with all lawful statutes, ordinances, rules,and regulations as may apply to the obligations assumed hereunder. The Grantee agrees that, prior to Department execution of this Agreement,the Grantee will deliver to the Department: A. An opinion of counsel,acceptable to the Department,that the Grantee is an eligible participant in the Project, that the Grantee has complied fully with the pertinent requirements of state and federal law, its charter, bylaws and internal procedures in entering into this Agreement;that there is no pending litigation concerning the authority of the Grantee to enter into and carry out this Agreement,and that this Agreement is legally binding upon the Grantee; B. A certified copy of the resolution of its governing board authorizing and approving execution of this Agreement; and C. An executed copy of the"IDOT&FTA Standard Certifications and Assurances for Grantees"which is attached as Exhibit C. ITEM 16 -CONTRACTS OF THE GRANTEE The Grantee shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project,without the prior written approval by an authorized representative of the Department,except where expressly provided otherwise in Department guidelines,or where specifically approved in writing by the Department. Each contract entered into by Grantee must be approved by the Department prior to the Grantee executing such contract,except as provided in Department guidelines. The Grantee shall include a requirement in all Grantee contracts with third parties that the contractor comply with the requirements of this Agreement in performing the contract,and the contract be subject to the terms and conditions of this Agreement. ITEM 17-PROCUREMENT ' A. Contracts-All contracts for goods, property and services exceeding$10,000 must be approved by the Department prior to the Grantee executing or obligating itself to the subcontract, unless othervvise specifically agreed to by tkse Department in writing. Any such contract or subcontract approved by the Department shall contain all of the contract clauses pursuant to FTA Circufar 4220.1 D and 49 CFR 18.36, 19.40-19.48, and shall comply with the requirements thereof. The Grantee shall follow state and federal law and procedures when awarding and administering contracts. The Grantee agrees to give full opportunity for free,open and competitive procurement for each contract as required by state and federal law. B. Exclusionary or Discriminatory Specifications-Apart from inconsistent requirements imposed by federal and state law,the Grantee agrees and shall require all of its contractors for the Project to agree that no federal or state funds shall be used to support procurement utilizing exclusionary or discriminatory specifications and it will compty v�eith�E9 U.S.C. 5323(h)(2). . C. Award to Other T�ean the Lowest�idder-!n acco�dance with the Federal Transit Act,as amended,49 U.S.C. Section 5326(c),a Grantee may award a third party contract to other than the lowest bidder in connection with a procurement, only when such award furthers objectives that are consistent with the applicable regulations that FTA may issue. State/Federal Capital Grant page 16