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R2016-122 FY 2017 Transit Operating Assistance Grant Agreement with IDOT
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R2016-122 FY 2017 Transit Operating Assistance Grant Agreement with IDOT
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12/14/2016 2:21:26 PM
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12/14/2016 2:22:23 PM
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Resolution/Ordinance
Res Ord Num
R2016-122
Res Ord Title
FY 2017 Transit Operating Assistance Grant Agreement with Illinois Department of Transportation
Department
Mass Transit
Approved Date
10/3/2016
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Agreement No.4714 <br /> "SAM"means the federal System for Award Management(SAM);which is the Federal repository into <br /> which an entity must provide information required for the conduct of business as a recipient.2 CFR 25 Appendix A <br /> "State"means the State of Illinois. <br /> "Term"has the meaning set forth in Paragraph 1.4. <br /> "Unallowable Costs"has the same meaning as in 44 III.Admin.Code 7000.20. <br /> ARTICLE IV <br /> PAYMENT <br /> 4.1. Availability of Appropriation;Sufficiency of Funds.This Agreement is contingent upon and <br /> subject to the availability of sufficient funds. Grantor may terminate or suspend this Agreement, in whole or in <br /> part,without penalty or further payment being required,if(i)sufficient funds for this Agreement have not been <br /> appropriated or otherwise made available to the Grantor by the State or the Federal funding source,(ii)the <br /> Governor or Grantor reserves funds,or(iii)the Governor or Grantor determines that funds will not or may not be <br /> available for payment.Grantor shall provide notice,in writing,to Grantee of any such funding failure and its <br /> election to terminate or suspend this Agreement as soon as practicable.Any suspension or termination pursuant <br /> to this Section will be effective upon the date of the written notice unless otherwise indicated. <br /> 4.2. Illinois Grant Funds Recovery Act.Any Grant Funds remaining at the end of the Agreement <br /> period which are not expended or legally obligated by Grantee shall be returned to Grantor within forty-five(45) <br /> days after the expiration of this Agreement in accordance with the Grant Funds Recovery Act(30 ILCS 705/1 et <br /> seq.). In the event of a conflict between the Grant Funds Recovery Act and the Grant Accountability and <br /> Transparency Act,the provisions of the Grant Accountability and Transparency Act shall control. 30 ILCS 708/80. <br /> 4.3. Cash Management Improvement Act of 1990. Unless notified otherwise in PART TWO or PART <br /> THREE. Federal funds received under this Agreement shall be managed in accordance with the Cash Management <br /> Improvement Act of 1990(31 USC 6501 et seq.)and any other applicable Federal laws or regulations. <br /> 4.4. Payments to Third Parties.Grantee agrees to hold harmless Grantor when Grantor acts in good <br /> faith to redirect all or a portion of any Grantee payment to a third party.Grantor will be deemed to have acted in <br /> good faith if it is in possession of information that indicates Grantee authorized Grantor to intercept or redirect <br /> payments to a third party or when so ordered by a court of competent jurisdiction. <br /> 4.5. Modifications to Estimated Amount. If the Agreement amount is established on an estimated <br /> basis,then it may be increased by mutual agreement at any time during the Term.Grantor may decrease the <br /> estimated amount of this Agreement at any time during the Term if(i)Grantor believes Grantee will not use the <br /> funds during the Term,(ii)Grantor believes Grantee has used funds in a manner that was not authorized by this <br /> Agreement, (iii)sufficient funds for this Agreement have not been appropriated or otherwise made available to the <br /> Grantor by the State or the Federal funding source,(iv)the Governor or Grantor reserves funds,or(v)the <br /> Governor or Grantor determines that funds will or may not be available for payment.Grantee will be notified, in <br /> writing,of any adjustment of the estimated amount of this Agreement. In the event of such reduction,services <br /> provided by Grantee under Exhibit A may be reduced accordingly. Grantee shall be paid for work satisfactorily <br /> performed prior to the date of the notice regarding adjustment.2 CFR 200.308. <br /> 4.6. Interest. <br /> State of Illinois <br /> GRANT AGREEMENT FISCAL YEAR 2017/3 28 16 <br /> Page 6 of 46 <br />
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