Agreement - Transpo - Bus Shelters

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1. Funding. The City shall provide funds in the amount of $80,000 (the "Funds") for the purpose of providing a local match to Transpo to be used for the acquisition and installation of the Bus Shelters and the Technology Initiative (collectively, the "Projects"). Funds shall first be applied on the costs of the Bus Shelters. Upon Transpo's determination that the costs of the Bus Shelter have been satisfied and Funds remain unspent, such Funds may then be applied on the Technology Initiative. Transpo will promptly notify the City upon making such determination. Notwithstanding the foregoing, Funds from the City shall not exceed $80,000 for the Projects. The City shall pay the Funds to Transpo upon receipt of an invoice by Transpo. Such invoice shall include copies of all progress billings on the Projects and all reasonable information as may requested by the City in connection with payment on the Projects. 2. TRANSPO's ReWonsibilities. Transpo shall use the Funds for (i) the acquisition and installation of Bus Shelters on the locations listed in Exhibit A and in accordance with the design specifications described in Exhibit B and (ii) the Technology Initiative within two (2) years of the date of this Agreement. Transpo shall seek all necessary approvals from the Board related to encroachments, if any, on City property in connection with the acquisition and installation of the Bus Shelters. 3. - proprRiation of Funds. If the Controller of the City (the "Controller") makes a written determination that funds are not appropriated or otherwise available to support this Agreement, it shall be cancelled. A determination by the Controller that funds are not appropriated or otherwise available to support the continuation of performance shall be final and conclusive. In no case shall total payment made to Transpo exceed the Funds provided in paragraph I of this Agreement, unless otherwise agreed in writing by the City and Transpo. 4. Perm. Unless terminated earlier in accordance with its terms, this Agreement shall terminate on the date when Transpo has fulfilled all of its obligations hereunder and the City's final payment therefor, which is expected to be no later than December 21, 2019. S. Remedies. Failure to use the Funds in accordance with this Agreement shall be considered a material breach. In the event of such material breach, the City may suspend all payments to Transpo and seek immediate reimbursement from Transpo. 6. Maintenance of Records, Access to Records. Transpo shall keep a written record, in a form acceptable to the City, related to the use and expenditure of the Funds. Upon completion of the Projects, Transpo shall provide the City with a final accounting of the use and disposition of the Funds and certifying that the Projects have been completed. Unless otherwise authorized by the City or required by law, such records shall be maintained by the Transpo for a period of four (4) years of the date of this Agreement. Transpo understands and agrees to comply with the legal requirements of Indiana Code § 5-14-3-1 et. seq. (commonly known as Indiana's Access to Public Records Act), if applicable, with respect to all documentation related to the Contribution. 2