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R98-65 AUTHORIZING THE EXECUTION OF AMENDMENT
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R98-65 AUTHORIZING THE EXECUTION OF AMENDMENT
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4/12/2016 11:03:38 AM
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Resolution/Ordinance
Res Ord Num
R98-65
Res Ord Title
AUTHORIZING THE EXECUTION OF AMENDEMENT TO AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION FOR MASS TRANSIT CAPITAL GRANT
Approved Date
5/18/1998
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In the event that the Department determines that the Grantee is not currently eligible to receive any or all <br /> of the State funds requested, it shall promptly notify the Grantee stating the reasons for such <br /> determination. <br /> c. Disallowed Costs - In determining the amount of the Grant, the Department will exclude all Project <br /> costs incurred by the Grantee prior to the date of this Agreement, or other date specifically authorized by <br /> the Department,whichever is earlier; costs incurred by the Grantee which are not provided for in the latest <br /> Approved Project Budget for the Project; and except as otherwise provided in Department guidelines, <br /> costs attributable to goods or services received under a contract or other arrangement which has not been <br /> concurred in or approved in writing by the Department. Costs of construction performed by employees of <br /> the Grantee will be disallowed as eligible Project costs unless the use of such employees is specifically <br /> approved in advance by the Department. <br /> ITEM 13-RIGHT OF DEPARTMENT TO TERMINATE <br /> Upon written notice to the Grantee,the Department reserves the right to suspend or terminate all or part of the <br /> financial assistance herein provided for when the Grantee is, or has been in violation of the terms of this <br /> Agreement or for convenience or when the Department determines that the purpose of the Acts would not be <br /> adequately served by continuation of Government financial assistance to the Project. Termination of any part <br /> of the Grant will not invalidate obligations properly incurred by the Grantee and concurred in by the Department <br /> prior to the date of termination, to the extent they are non-cancelable. The acceptance of a remittance by the <br /> Department of any or all Project Funds previously received by the Grantee or the closing out of Government <br /> financial participation in the Project shall not constitute a waiver of any claim which the Government may <br /> otherwise have arising out of this Agreement. <br /> Upon the occurrence of any condition or conditions listed in this ITEM,the Parties agree that the Department, <br /> by written notice to the Grantee, may elect to withhold or delay payment as provided in the Approved Project <br /> Budget, or any portion thereof; or, if payment or payments have already been made pursuant hereto, to recall <br /> such payment or payments or any portion thereof. The Grantee agrees that upon receipt of such notice of <br /> recall the Grantee shall immediately return such Grant payment or payments, or any portion thereof,which the <br /> Grantee has received pursuant hereto. <br /> For example,the foregoing remedies shall become available to the Department if one of the following occurs: <br /> a. There is any misrepresentation of a material nature in the Grantee's Application, or amendment <br /> thereof, or in respect to this Agreement or any document or data furnished pursuant hereto, or any other <br /> submission of the Grantee required by the Department in connection with the Grant; <br /> b. There is pending litigation which, in the opinion of the Secretary, may jeopardize the Grant or this <br /> Agreement; <br /> c. There has been, in connection with the Grant, any violation of the State or Federal regulations, <br /> ordinances or statutes applicable to the Grantee, its officers or employees which, in the opinion of the <br /> Secretary,affects this Agreement; <br /> d. Any contributions provided by the State pursuant to this Agreement are used for an ineligible purpose; <br /> e. The Grantee is unable to substantiate the proper use of the Grant provided pursuant to this <br /> Agreement; <br /> f. The Grantee is in default under any of the provisions of this Agreement; . <br /> State Capital Grant 13 <br />
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