Common use of Phase-In Clause in Contracts

Phase-In. The Council and City agree that the provisions of this agreement shall be phased in over a period of three years during which time the following will occur: a. Pause new programming. Upon execution of this agreement, the City and Councils shall pause the addition of new projects or phases of projects to local programs that would cause the City or a council to exceed in three years, the amount of their FFY 2017 allotment times three. b. Regional fiscal constraint. All individual funding balances, whether positive or negative, shall be forgiven. A single regional balance of funding shall be established from: i. the existing carryover balance available for obligation that is not reserved for use in the shared fund in FFY 2020 - 2022; ii. the entire northeastern Illinois allotment for FFY 2018 and FFY 2019; and iii. the amount of the FFY 2020 northeastern Illinois allotment that is not set-aside for the shared fund. c. Honor existing commitments. All project phases programmed within FFY 2018 – FFY 2020 in each suburban council’s adopted multi-year program as of the execution of this agreement will continue implementation on a “first ready, first funded” basis, until such time as any of the following occur: i. all committed project phases have been obligated or voluntarily withdrawn by the project sponsor; ii. all available funds described in section 4.b. above have been exhausted; or iii. the start of FFY 2021. Documented adopted policies for maximum funding caps and cost increases shall be honored for applicable projects or project phases. For sponsors seeking cost increases that are within councils without established policies, CMAP staff will determine if the requested funding is anticipated to be available and will provide a staff recommendation for approval or denial by the Council of Mayors Executive Committee. In the absence of an adopted program, the commitment to the City of Chicago shall be defined as three times the annual allotment, including the 5% regional set-aside, to which the City was entitled for FFY 2017. The City shall notify CMAP staff of changes to their established program prior to seeking federal obligation in order to facilitate regional accounting.

Phase-In. The Council and City agree that the provisions of this agreement shall be phased in over a period of three years during which time the following will occur: a. Pause new programming. Upon execution of this agreement, the City and Councils shall pause the The addition of new projects or phases of projects to local programs that would cause the City or a council to exceed in three years, the amount of their FFY 2017 allotment times threethree shall pause upon execution of this agreement. b. Regional fiscal constraint. All individual funding balances, whether positive or negative, shall be forgiven. A single regional balance of funding shall be established from: i. the existing carryover balance available for obligation that is not reserved for use in the shared local fund in FFY 2020 - 2022; ii. the entire northeastern Illinois allotment for FFY 2018 and FFY 2019; and iii. the amount of the FFY 2020 northeastern Illinois allotment that is not set-aside for the shared local fund. c. Honor existing commitments. All project phases programmed within FFY 2018 – FFY 2020 in each suburban council’s adopted multi-year program as of the execution of this agreement will continue implementation on a “first ready, first funded” basis, until such time as any of the following occur: i. all committed project phases have been obligated or voluntarily withdrawn by the project sponsor; ii. all available funds described in section 4.b. above have been exhausted; or iii. the start of FFY 2021. Documented adopted policies for maximum funding caps and cost increases shall be honored for applicable projects or project phases. For sponsors seeking cost increases that are within councils without established policies, CMAP staff will determine if the requested funding is anticipated to be available and will provide a staff recommendation for approval or denial by the Council of Mayors Executive Committee. In the absence of an adopted program, the commitment to the City of Chicago shall be defined as three times the annual allotment, including the 5% regional set-aside, to which the City was entitled for FFY 2017. The City shall notify CMAP staff of changes to their established program prior to seeking federal obligation in order to facilitate regional accounting.