§ 12.119 MEMORANDUM OF UNDERSTANDING.
 
 
This Memorandum of Understanding (MOU) is entered into this            day of,          2012, by and between the Illinois Department on Aging (Aging), the Regional Transportation Authority (RTA), the Chicago Transit Authority (CTA), Regional Transportation Authority, Commuter Rail Division (METRA) and Regional Transportation Authority, Suburban Bus Division (PACE), collectively, the “Parties,” for the purpose of establishing general terms and conditions for funding income eligibility determinations for reduced fare/free mass transit programs in the State of Illinois.
 
WHEREAS, RTA, CTA, METRA and PACE, collectively, the “transit agencies,” are entities responsible for administration of mass transit programs in the northeast region of the State of Illinois;
 
WHEREAS, Aging is the State agency responsible for maintaining an application system and making income eligibility determinations for benefits under the “Circuit Breaker” Program authorized by the Senior Citizens and Disabled Persons Property Tax Relief Act (320 ILCS 25/1 et seq.);
 
WHEREAS, in accordance with the Regional Transportation Authority Act (RTA Act; 70 ILCS 3615/1 et seq.), eligibility for the reduced/free fare mass transit programs is based upon income eligibility limits set forth for the “Circuit Breaker” Program;
 
WHEREAS, pursuant to sections 3A.15, 3A.16, 3B.14 and 3B.15 of the RTA Act, Aging is the State agency responsible for furnishing the transit agencies with all information reasonably necessary to determine eligibility for reduced fare/free fare mass transit services;
 
WHEREAS, pursuant to section 2705-310, 315, 440 of the Department of Transportation Law (20 ILCS 2705-1 et seq.), the Illinois Department of Transportation (IDOT) provides general revenue and transportation funds to RTA, which in turn, provides funds to the “Service Boards” (CTA, PACE and METRA) to be allocated among said boards for reduced/free fare mass transit programs in Illinois; and
 
WHEREAS, Aging received $0 appropriation for the “Circuit Breaker” Program for FY 13; While none of the transit agencies have any legal obligation to fund the initial eligibility determinations made by Aging, this agreement is nonetheless made in the interest of uniform services being provided to eligible individuals.
 
NOW, THEREFORE, the Parties understand and agree to the following:
 
1.   RTA, contingent upon approval from its Board, will provide $125,000.00 to Aging to maintain an application system and continue making income eligibility determinations to administer the reduced/free fare mass transit programs for the period beginning July 1, 2012 through December 31, 2012;
 
2.   Funds provided by the transit agencies shall not be used for any non-transit related purposes or programs.
 
3.   CTA, contingent upon approval from its Board, will provide $125,000.00 in funding to RTA to be provided to Aging to maintain an application system and continue making income eligibility determinations to administer the reduced/free fare mass transit programs for the period beginning July 1, 2012 through December 31, 2012;
 
4.   METRA, contingent upon approval from its Board, will provide $125,000.00 in funding to RTA to be provided to Aging to maintain an application system and continue making income eligibility determinations to administer the reduced/free fare mass transit programs for the period beginning July 1, 2012 through December 31, 2012;
 
5.   PACE, contingent upon approval from its Board, will provide $125,000.00 in funding to RTA to be provided to Aging to maintain an application system and continue making income eligibility determinations to administer the reduced/free fare mass transit programs for the period beginning July 1, 2012 through December 31, 2012;
 
6.   Said funds shall be tendered from CTA, METRA and PACE to RTA as soon as possible and no later than August 15, 2012;
 
7.   RTA shall tender such funds to Aging as soon as possible and no later than August 15, 2012.
 
8.   Aging shall maintain and provide to the transit agencies a strict accounting of the costs of the eligibility determination and in the event that the recorded costs are less than the amount tendered by the RTA, the difference shall be returned to the RTA for distribution back to CTA, RTA, Pace and METRA on the same basis as the original funds were provided;
 
9.   Each party, to the extent applicable, shall maintain for a minimum of three years after completion of this MOU, adequate books, records and supporting documents to verify the amounts, recipients and users of all disbursements of funds passing in conjunction with the MOU; the MOU shall be available for review and audit by each party, their internal or external auditors and/or the Auditor General of the State of Illinois; and each party shall cooperate fully with any audit and provide full access to all relevant materials;
 
10.   This MOU may be executed in one or more counterparts, all of which shall be considered to be one and the same agreement, binding on all parties hereto, notwithstanding that all parties are not signatories to the same counterpart. All five (5) parties must ratify the agreement to bind any of the other parties;
 
11.   Should any party be unable to obtain appropriate board or other approvals, this MOU may be terminated at any time by any party. Notice of termination must be in writing and may be delivered by any means;
 
12.   This MOU shall not continue beyond December 31, 2012, or obligate the Parties to any action or funding beyond the terms described herein.
 
FINALLY BE IT RESOLVED THAT, the undersigned understand and accept the roles and responsibilities assigned to each of the parties.
 
(Ord. MET 12-19, passed 9-14-2012)