R90-105 AUTHORIZING A DOWNSTATE OPERATING ASSISTANCE AGREEMENT

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'_i NOW TNEREFORE, in consideration of the mutual covenants hereinafter set forth, this Agreement is made to set forth the terms and conditions of State operating assistance grants made by the Department to the Participant pursuant to the Act and this Agreement. ITEM 1 - THE PROJECT The Participant agrees to undertake and provide public transportation services as described in the Participant's final application and program of proposed expenditures approved by the Department, and in accordance with this Agreement and all applicable laws, rules and regulations. ITEM 2. GRANTS, PAYMENTS, AND LIMITATIONS Subject to the terms and conditions of the Act, the Downstate Rules, the Standard Forms and this Agreement, the Department shall make grants to the Participant in an amount within the following limitations: 1 ) not to exceed 45� of the participant's eligible �perating expenses incurred by the Participant during fiscal year 1991 in the provision of such public transportation services as have been approved by the Department; and 2) shall not exceed the 1991 appropriation ($1 ,301 ,285) for the participant; provided however that under no ci rcumstances may the state fundi ng under thi s agreement together with any federal funding for operating deficits received by the Participant for fiscal year 1991 exceed the Participant's actual operating deficit for that year. In the event that the combined state and federal operating assistance grants for FY 91 exceed the Participant's actual deficit, then the Participant shall request a decrease in the state funding and shall remit to the state any ' excess funds received. It is expressly understood and agreed to by the Participant that payment of any funds to the Participant under this contract is contingent upon the Illinois' General Assembly passing and the Governor signing an appropriation of operating assistance funds to the Participant under the Act. 2