2024-07-15 - Resolution 2024-19 - TO RATIFY THE GRANT AGREEMENT BETWEEN THE ILLINOIS TRAINING AND STANDARDS BOARD AND THE VILLAGE OF BUFFALO GROVE �
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BUFFALSJ AGR EMENTOB TW EN HEHLL NO ST
GI WVE TRAINING AND STANDARDS BOARD AND
THE VILLAGE OF BUFFALO GROVE
WHEREAS the Village of Buffalo Grove is a home rule unit pursuant to the
Illinois Constitution of1970; and
WHEREAS on Friday, June 28, 2024, the Police Department was notified of a
$59, 486.32 award from the Illinois Training and Standards Board's Body Worn
Camera Grant, which was established to partially reimburse Illinois law enforcement
agencies for body worn camera systems purchased between January 2021 and
November 2023; and
WHEREAS due to significant time constraints, this agreement was executed
by the Village Manager and returned to ILETSB by the close of the state's final 2024
fiscai year on June 28, 2024, to successfully obtain the reimbursement grant, and it is
recommended that the Village Board approve this Grant Agreement as it will allow
for partial reimbursement of the initial investment in the Police Department's Body
Worn Camera Program.
NOW THEREFORE BE IT RESOLVED by the President and Board of Trustees of the
Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a
part of this Resolution as if fully set forth herein.
SECTION 2. The Grant Agreement between the Village of Buffalo Grove and the
Illinois Training and Standards Board, attached hereto as Exhibit A, is hereby ratified
and approved.
SECTION 3. This Resolution shall be in full force and effect from and after its passage
and approval.
AYES: 6-Johnson, Cesario, Ottenheimer, Stein, Bocek, Weidenfeld
NAYES: 0- None
ABSENT: 0 - None
PASS E D: J u ly 15, 2024
APPROVED: July 15, 2024
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ATTEST: APPROVED:
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Janet, . Sirabian, Village Clerk Eric N. Smith, illage President
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Agreement No.20140156
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GRANT AGREEMENT
BETWEEN
THE STATE OF ILLINOIS,illinois Law Enforcement Training and Standards Board
AND
Village of Buffalo Grove
The parties to this Grant Agreement(Agreement)are the State of Illinois(State),acting through the undersigned
agency(Grantor)and Village of Buffalo Grove(Grantee)(collectively,the"Parties"and individually,a"Party").The
Agreement,consisting of the signature page,the parts listed below,and any additional exhibits or attachments
referenced in this Agreement,constitute the entire agreement between the Parties.No promises,terms,or
conditions not recited,incorporated or referenced herein,including prior agreements or oral discussions,are
binding upon either Grantee or Grantor.
PART ONE—The Uniform Terms
Article I Definitions
Article II Award Information
Article III Grantee Certi�cations and Representations
Article IV Payment Requirements
Article V Scope of Award Activities/Purpose of Award
Article VI Budget
Article VII Allowable Costs
Article VIII Lobbying
Article IX Maintenance and Accessibility of Records;Monitoring
Article X Financial Reporting Requirements
Article XI Performance Reporting Requirements
Article XII Audit Requirements
Article XIII Termination;Suspension;Non-compliance
Article XIV Subcontracts/Subawards
Article XV Notice of Change
Article XVI Structural Reorganization and Reconstitution of Board Membership
Article XVII Conflict of Interest
Article XVIII Equipment or Property
Article XIX Promotional Materials;Prior Notification
Article XX Insurance
Article XXI Lawsuits and Indemnification
Article XXII Miscellaneous
Exhibit A Project Description
Exhibit B Deliverables or Milestones
Exhibit C Contact Information
Exhibit D Performance Measures and Standards
Exhibit E Speci�c Conditions
PART TWO— Grantor-Specific Terms
PART THREE—Project-Specific Terms
State of Illinois
GRANT AGREEMENT FISCAL YEAR 2024
Page 1 of 31
Agreement No.20240156
The Parties or their duly authorized representatives hereby execute this Agreement.
[Illinois Law Enforcement Training and Standards Board] [Village of Buffalo Grove]
By: By: ,
Signature of[Head of Grantor], [Title] Signature of Au orized Representative
By: Date: �lZ 3�Z�2 y
Signature of Designee Printed Name: A�l� C- �GG
Date:
Printed Name: Printed Title: U�G�' /�'lA.v�6E.0
Printed Title: E-mail: D���G 2 V BG.a�Cr
Designee
By: By:
Signature of Second Grantor Approver,if applicable Signature of Second Grantee Approver,if applicable
Date: Date:
Printed Name: Printed Name:
Printed Title:. Printed Title:
Second Grantor Approver Second Grantee Approver
(optional at Grantee's discretion)
By:
Signature of Third Grantor Approver,if applicable
Date:
Printed Name:
Printed Title:
Third Grantor Approver
State of Illinois
GRANT AGREEMENT FISCAL YEAR 2024
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Agreement No.20240156
PART ONE—THE UNIFORM TERMS
ARTICLE 1
DEFINITIONS
1.1. Definitions.Capitalized words and phrases used in this Agreement have the meanings stated in 2
CFR 200.1 unless otherwise stated below.
"Allowable Costs"has the same meaning as in 44 III.Admin.Code 7000.30.
"Award"has the same meaning as in 44 III.Admin.Code 7000.30.
"Budget"has the same meaning as in 44 ill.Admin.Code 700030.
"Catalog of State Financial Assistance"or"CSFA"has the same meaning as.in 44 III.Admin.Code 7000.30.
"Close-out Report"means a report from the Grantee allowing Grantor to determine whether ail
applicable administrative actions and required work have been completed,and therefore closeout actions can
commence.
"Conflict of Interest"has the same meaning as in 44 III.Admin.Code 7000.30.
"Cooperative Research and Development Agreement"has the same meaning as in 15 USC 3710a.
"Direct Costs"has the same meaning as in 44 III.Admin.Code 7000.30.
"Financial Assistance"has the same meaning as in 44 III.Admin.Code 7000.30.
"GATU"has the same meaning as in 44 III.Admin.Code 7000.30.
"Grant Agreement"has the same meaning as in 44 III.Admin.Code 7000.30.
"Grant Funds"means the Financial Assistance made available to Grantee through this Agreement.
"Grantee Portal"has the same meaning as in 44 III.Admin.Code 7000.30.
"Indirect Costs"has the same meaning as in 44 III.Admin.Code 7000.30.
"Indirect Cost Rate"means a device for determining in a reasonable manner the proportion of Indirect
Costs each Program should bear. It is a ratio(expressed as a percentage)of the Indirect Costs to a Direct Cost base.
If reimbursement of Indirect Costs is allowable under an Award,Grantor will not reimburse those Indirect Costs
unless Grantee has established an Indirect Cost Rate covering the applicable activities and period of time,unless
Indirect Costs are reimbursed at a fixed rate.
"Indirect Cost Rate Proposal"has the same meaning as in 44 III.Admin.Code 7000.30.
"Obligations"has the same meaning as in 44 III.Admin.Code 7000.30.
"Period of Performance"has the same meaning as in 44 III.Admin.Code 7000.30.
State of Illinois
GRANT AGREEMENT FISCAL YEAR 2024
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Agreement No.20240156
"Prior Approval"has the same meaning as in 44 III.Admin.Code 7000.30.
"Profit"means an entity's total revenue less its operating expenses,interest paid,depreciation,and taxes.
"Profit"is synonymous with the term"net revenue."
"Program"means the services to be provided pursuant to this Agreement. "Program"is used
interchangeably with"Project."
"Program Costs"means all Allowable Costs incurred by Grantee and the value of the contributions made
by third parties in accomplishing the objectives of the Award during the Term of this Agreement.
"Related Parties"has the meaning set forth in Financial Accounting Standards Board(FASB)Accounting
Standards Codification(ASC)850-10-20.
"SAM"means the federal System for Award Management(SAM),the federal repository into which an
entity must provide information required for the conduct of business as a recipient.
"State Grantee Compliance Enforcement System"means the statewide framework for State agencies to
manage occurrences of non-compliance with Award requirements.
"State-issued Award"means the assistance that a grantee receives directly from a State agency. The
funding source of the State-issued Award can be federal pass-through,State or a combination thereof."State-
issued Award"does not include the following:
• contracts issued pursuant to the Illinois Procurement Code that a State agency uses to buy goods or
services from a contractor or a contract to operate State government-owned,contractor-operated
facilities;
• agreements that meet the definition of"contract"under 2 CFR 200.1 and 2 GFR 200331,which a State
agency uses to procure goods or services but are exempt from the Illinois Procurement Code due to an
exemption listed under 30 ILCS 500/1-10,or pursuant to a disaster proclamation,executive order,or any
other exemption permitted by law;
• amounts received for services rendered to an individual;
• Cooperative Research and Development Agreements;
. h assistance to an individual•
an agreement that provides only direct cas ,
• a subsidy;
• a loan;
• a loan guarantee;or
• insurance.
"Illinois Stop Payment List"has the same meaning as in 44 III.Admin.Code 7000.30.
"Unallowable Cost"has the same meaning as in 44 III.Admin.Code 7000.30.
"Unique Entity Identifier"or"UEI"has the same meaning as in 44 III.Admin.Code 700030.
State of Illinois
GRANT AGREEMENT FISCAL YEAR 2024
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Agreement No.20240156
ARTICLE II
AWARD INFORMATION
2.1. Term.This Agreement is effective on 04/10/2024 and expires on 06/30/2024(the Term),unless
terminated pursuant to this Agreement.
2Z. Amount of Agreement.Grant Funds must not exceed$59,486.32,of which 0 are federal funds.
Grantee accepts Grantor's payment as specified in this ARTICLE.
2.3. Pavment. Payment will be made as follows(see additional payment requirements in ARTICLE IV;
additional payment provisions specific to this Award may be included in PART TWO or PART THREE):Not
applicable
2.4. Award Identification Numbers. If applicable,the Federal Award Identification Number(FAIN)is,
the federal awarding agency is,and the Federal Award date is. If applicable,the Assistance Listing Program Title
is and Assistance Listing Number is. The Catalog of State Financial Assistance(CSFA) Number is 569-00-2537 and
the CSFA Name is FY24 Law Enforcement Camera Grant-Fall. If applicable,the State Award Identification
Number(SAIN)is 20240156.
ARTICLE III
GRANTEE CERTIFICATIONS AND REPRESENTATIONS
3.1. Re�istration Certification. Grantee certifies that:(i)it is registered with SAM and VVRJU7823NY4
is Grantee's correct UEI;(ii)it is in good standing with the Illinois Secretary of State,if applicable;and(iii)Grantee
has successfully completed the annual registration and prequalification through the Grantee Portal.
Grantee must remain current with these registrations and requirements. If Grantee's status with regard to any of
these requirements changes,or the certifications made in and information provided in the uniform grant
application changes,Grantee must notify Grantor in accordance with ARTICLE XV.
' 3.2. Tax Identification Certification.Grantee certifies that:362525051 is Grantee's correct federal
employer identification number(FEIN)or Social Security Number.Grantee further certifies,if applicable:(a)that
Grantee is not subject to backup withholding because(i)Grantee is exempt from backup withholding,or(ii)
I� Grantee has not been notified by the Internal Revenue Service(IRS)that Grantee is subject to backup withholding
as a result of a failure to report all interest or dividends,or(iii)the IRS has notified Grantee that Grantee is no
longer subject to backup withholding;and(b)Grantee is a U.S.citizen or other U.S.person. Grantee is doing
business as a:Government Unit.
If Grantee has not received a payment from the State of Illinois in the last two years,Grantee must submit a W-9
tax form with this Agreement.
3.3. Compliance with Uniform Grant Rules. Grantee certifies that it must adhere to the applicable
Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,which are
published in Title 2,Part 200 of the Code of Federal Regulations(2 CFR Part 200)and are incorporated herein by
reference. 44 III.Admin.Code 7000.40(c)(1)(A). The requirements of 2 CFR Part 200 apply to the Grant Funds
awarded through this Agreement,regardless of whether the original source of the funds is State or federal,unless
an exception is noted in federal or State statutes or regulations. 30 ILCS 708/5(b).
3.4. Representations and Use of Funds.Grantee certifies under oath that(1)all representations made
in this Agreement are true and correct and(2)all Grant Funds awarded pursuant to this Agreement must be used
only for the purpose(s)described herein.Grantee acknowledges that the Award is made solely upon this
State of Illinois
GRANT AGREEMENT FISCAL YEAR 2024
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Agreement No.20240156
certification and that any false statements,misrepresentations,or material omissions will be the basis for
immediate termination of this Agreement and repayment of all Grant Funds.
3.5. Specific Certifications.Grantee is responsible for compliance with the enumerated certifications
in this Paragraph to the extent that the certifications apply to Grantee.
(a) Bribery.Grantee certifies that it has not been convicted of bribery or attempting to
bribe an officer or employee of the State of Illinois,nor made an admission of guilt of such conduct which
is a matter of record.
(b) Bid Rigging.Grantee certifies that it has not been barred from contracting with a unit of
State or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of
2012(720 ILCS 5/33E-3 or 720 ILCS 5/33E-4,respectively).
(c) Debt to State.Grantee certifies that neither it,nor its affiliate(s),is/are barred from
receiving an Award because Grantee,or its affiliate(s),is/are delinquent in the payment of any debt to the
State,unless Grantee,or its affiliate(s),has/have entered into a deferred payment plan to pay off the
debt.
(d) International Boycott.Grantee certifies that neither it nor any substantially owned
affiliated company is participating or will participate in an international boycott in violation of the
provision of the Anti-Boycott Act of 2018,Part II of the Export Control Reform Act of 2018(50 USC 4841
through 4843),and the anti-boycott provisions set forth in Part 760 of the federal Export Administration
Regulations(15 CFR Parts 730 through 774).
(e) Discriminatory Club Dues or Fees.Grantee certifies that it is not prohibited from
receiving an Award because it pays dues or fees on behalf of its employees or agents,or subsidizes or
otherwise reimburses employees or agents for payment of their dues or fees to any club which unlawfully
discriminates(775 ILCS 25/2).
(f) Pro-Children Act.Grantee certifies that it is in compliance with the Pro-Children Act of
2001 in that it prohibits smoking in any portion of its facility used for the provision of health,day care,
early childhood development services,education or library services to children under the age of eighteen
(18)(except such portions of the facilities which are used for inpatient substance abuse treatment)(20
USC 7181-7184).
(g) Drug-Free Workplace.If Grantee is not an individual,Grantee certifies it will provide a
drug free workplace pursuant to the Drug Free Workplace Act. 30 ILCS 580/3. If Grantee is an individual
and this Agreement is valued at more than$5,000,Grantee certifies it will not engage in the unlawful
manufacture,distribution,dispensation,possession,or use of a controlled substance during the
performance of the Agreement. 30 ILCS 580/4.Grantee further certifies that if it is a recipient of federal
pass-through funds,it is in compliance with the government-wide requirements for a drug-free workplace
as set forth in 41 USC 8103.
(h) Motor Voter Law.Grantee certifies that it is in full compliance with the terms and
provisions of the National Voter Registration Act of 1993(52 USC 20501 etseq.).
(i) Clean Air Act and Clean Water Act.Grantee certifies that it is in compliance with all
applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 USC 7401 etseq.)and
the Federal Water Pollution Control Act,as amended(33 USC 1251 etseg.).
State of Illinois
GRANT AGREEMENT FISCAL YEAR 2024
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Agreement No.20240156
(j) Debarment.Grantee certifies that it is not debarred,suspended,proposed for
debarment or permanent inclusion on the Illinois Stop Payment List,declared ineligible,or voluntarily
excluded from participation in this Agreement by any federal department or agency(2 CFR 200Z05(a)),or
by the State(30 ILCS 708/25(6)(G)).
(k) Non-procurement Debarment and Suspension.Grantee certifies that it is in compliance
with Subpart C of 2 CFR Part 180 as supplemented by 2 CFR Part 376,Subpart C.
(I) Health Insurance Portability and Accountability Act.Grantee certifies that it is in
compliance with the Health Insurance Portability and Accountability Act of 1996(HIPAA) (Public Law No.
104-191,45 CFR Parts 160, 162 and 164,and the Social Security Act,42 USC 1320d-2 through 1320d-7),in
that it may not use or disclose protected health information other than as permitted or required by law
and agrees to use appropriate safeguards to prevent use or disclosure of the protected health
information.Grantee must maintain,for a minimum of six(6)years,all protected health information.
(m) Criminal Convictions.Grantee certifies that:
(i) Neither it nor a managerial agent of Grantee(for non-governmental grantees only,
this includes any officer,director or partner of Grantee)has been convicted of a felony under the
Sarbanes-Oxley Act of 2002,nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953,
or that at least five(5)years have passed since the date of the conviction;and
(ii) It must disclose to Grantor all violations of criminal law involving fraud,bribery or
gratuity violations potentially affecting this Award.Failure to disclose may result in remedial
actions as stated in the Grant Accountability and Transparency Act.30 ILCS 708/40. Additionally,
if Grantee receives over$10 million in total federal Financial Assistance,during the period of this
Award,Grantee must maintain the currency of information reported to SAM regarding civil,
criminal or administrative proceedings as required by 2 CFR 200.113 and Appendix XII of 2 CFR
Part 200,and 30 ILCS 708/40.
(n) Federal Funding Accountability and Transparency Act of 2006(FFATA).Grantee
certifies that it is in compliance with the terms and requirements of 31 USC 6101 with respect to Federal
Awards greater than or equal to$30,000.A FFATA subaward report must be filed by the end of the month
following the month in which the award was made.
� (o) Illinois Works Review Panel. For Awards made for public works projects,as defined in
the Illinois Works Jobs Program Act,Grantee certifies that it and any contractor(s)or subcontractor(s)that
performs work using funds from this Award,must,upon reasonable notice,appear before and respond to
requests for information from the Illinois Works Review Panel. 30 ILCS 559/20-25(d).
(p) Anti-Discrimination.Grantee certifies that its employees and subcontractors under
subcontract made pursuant to this Agreement,must comply with all applicable provisions of State and
federal laws and regulations pertaining to nondiscrimination,sexual harassment and equal employment
opportunity including,but not limited to:Illinois Human Rights Act(775 ILCS 5/1-101 etseq.),including,
without limitation,44 III.Admin.Code 750-Appendix A,which is incorporated herein;Public Works
Employment Discrimination Act(775 ILCS 10/1 et seg.);Civil Rights Act of 1964(as amended)(42 USC
2000a-2000h-6);Section 504 of the Rehabilitation Act of 1973(29 USC 794);Americans with Disabilities
Act of 1990(as amended)(42 USC 12101 et seq.);and the Age Discrimination Act of 1975(42 USC 6101 et
seq.).
State of Illinois
GRANT AGREEMENT FISCAL YEAR 20Z4
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Agreement No.20240156
(q) Internal Revenue Code and Illinois Income Tax Act.Grantee certifies that it complies
with all provisions of the federal Internal Revenue Code(26 USC 1),the Illinois Income Tax Act(35 ILCS 5),
and all regulations and rules promulgated thereunder,including withholding provisions and timely
deposits of employee taxes and unemployment insurance taxes.
ARTICLE IV
PAYMENT REQUIREMENTS
4.1. Availabilitv of Appropriation:Sufficiencv of Funds.This Agreement is contingent upon and
subject to the availability of sufficient funds.Grantor may terminate or suspend this Agreement,in whole or in
part,without penalty or further payment being required,if(i)sufficient funds for this Agreement have not been
appropriated or otherwise made available to Grantor by the State or the federal funding source,(ii)the Governor
or Grantor reserves funds,or(iii)the Governor or Grantor determines that funds will not or may not be available
for payment.Grantor must provide notice,in writing,to Grantee of any such funding failure and its election to
terminate or suspend this Agreement as soon as practicable.Any suspension or termination pursuant to this
Paragraph will be effective upon the date of the written notice unless otherwise indicated.
4.2. Pre-Award Costs. Pre-award costs are not permitted unless specifically authorized by Grantor in
Exhibit A.PART TWO or PART THREE of this Agreement. If they are authorized,pre-award costs must be charged
to the initial Budget Period of the Award,unless otherwise specified by Grantor.2 CFR 200.458.
4.3. Return of Grant Funds.Grantee must liquidate all Obligations incurred under the Award within
forty-five(45)days of the end of the Period of Performance,or in the case of capital improvement Awards,within
forty-five(45)days of the end of the time period the Grant Funds are available for expenditure or obligation,
unless Grantor permits a longer period in PARTTWO OR PARTTHREE.
4.4. Cash Manasement Improvement Act of 1990. Unless notified otherwise in PART TWO or PART
THREE.Grantee must manage federal funds received under this Agreement in accordance with the Cash
Management Improvement Act of 1990(31 USC 6501 etseq.)and any other applicable federal(aws or
regulations. 2 CFR 200.305;44 III.Admin.Code 7000.120.
4.5. Pavments to Third Parties.Grantor will have no liability to Grantee when Grantor acts in good
faith to redirect all or a portion of any Grantee payment to a third party.Grantor will be deemed to have acted in
good faith when it is in possession of information that indicates Grantee authorized Grantor to intercept or
redirect payments to a third party or when so ordered by a court of competent jurisdiction.
4.6. Modifications to Estimated Amount.If the Agreement amount is established on an estimated
basis,then it may be increased by mutual agreement at any time during the Term.Grantor may decrease the
estimated amount of this Agreement at any time during the Term if(i)Grantor believes Grantee will not use the
funds during the Term,(ii)Grantor believes Grantee has used Grant Funds in a manner that was not authorized by
this Agreement,(iii)sufficient funds for this Agreement have not been appropriated or otherwise made available
to Grantor by the State or the federal funding source, (iv)the Governor or Grantor reserves funds,or(v)the
Governor or Grantor determines that funds will or may not be available for payment.Grantee will be notified,in
writing,of any adjustment of the estimated amount of this Agreement. In the event of such reduction,services
provided by Grantee under Exhibit A may be reduced accordingly. Grantor must pay Grantee for work
satisfactorily performed prior to the date of the notice regarding adjustment.2 CFR 200.308.
4.7. Interest.
State of Illinois
GRANT AGREEMENT FISCAL YEAR 2024
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Agreement No.20240156
(a) All interest earned on Grant Funds held by a Grantee will be treated in accordance with
2 CFR 200.305(b)(9),unless otherwise provided in PARTTWO or PARTTHREE. Grantee must remit
annually any amount due in accordance with 2 CFR 200.305(b)(9)or to Grantor,as applicable.
(b) Grant Funds must be placed in an insured account,whenever possible,that bears
interest,unless exempted under 2 CFR 200.305(b)(8).
4.8. Timelv Billin�Required.Grantee must submit any payment request to Grantor within fifteen(15)
days of the end of the quarter,unless another billing schedule is specified in ARTICLE II.PART TWO,or PART
THREE. Failure to submit such payment request timely will render the amounts billed Unallowable Costs which
Grantor cannot reimburse.In the event that Grantee is unable,for good cause,to submit its payment request
timely,Grantee shall timely notify Grantor and may request an extension of time to submit the payment request.
Grantor's approval of Grantee's request for an extension shall not be unreasonably withheld.
4.9. Certification.Pursuant to 2 CFR 200.415,each invoice and report submitted by Grantee(or
subrecipient)must contain the following certification by an official authorized to legally bind Grantee(or
subrecipient):
By signing this report[or payment request or both],I certify to the best of my
knowledge and belief that the report[or payment request]is true,complete,
and accurate;that the expenditures,disbursements and cash receipts are for
the purposes and objectives set forth in the terms and conditions of the State
or federal pass-through award;and that supporting documentation has been
submitted as required by the grant agreement.I acknowledge that approval for
any other expenditure described herein is considered conditional subject to
further review and verification in accordance with the monitoring and records
retention provisions of the grant agreement. I am aware that any false,
fictitious,or fraudulent information,or the omission of any material fact,may
subject me to criminal,civil or administrative penalties for fraud,false
statements,false claims or otherwise(U.S.Code Title 18,Section 1001 and Title
31,Sections 3729-3730 and 3801-3812;30 ILCS 708/120).
ARTICLE V
SCOPE OF AWARD ACTIVITIES/PURPOSE OF AWARD
5.1. Scope of Award Activities/Purpose of Award.Grantee must perform as described in this
Agreement,including as described in Exhibit A(Project Description), Exhibit B(Deliverables or Milestones),and
Exhibit D(Performance Measures and Standards),as applicable.Grantee must further comply with all terms and
conditions set forth in the Notice of State Award(44 III.Admin.Code 7000.360)which is incorporated herein by
reference. All Grantor-specific provisions and programmatic reporting required under this Agreement are
described in PART TWO(Grantor-Specific Terms). All Project-specific provisions and reporting required under this
Agreement are described in PART THREE(Project-Specific Terms).
5.2. Scope Revisions. Grantee must obtain Prior Approval from Grantor whenever a scope revision is
necessary for one or more of the reasons enumerated in 44 III.Admin.Code 7000.370(b)(2). All requests for
scope revisions that require Grantor approval must be signed by Grantee's authorized representative and
submitted to Grantor for approval. Expenditure of funds under a requested revision is prohibited and will not be
reimbursed if expended before Grantor gives written approval. 2 CFR 200.308.
State of Illinois
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Agreement No.20240156
5.3. Specific Conditions. If applicable,specific conditions required after a risk assessment are included
in Exhibit E. Grantee must adhere to the specific conditions listed therein. 44 III.Admin.Code 7000.340(e).
ARTICLE VI
BUDGET
6.1. Budset.The Budget submitted by Grantee at application,or a revised Budget subsequently
submitted and approved by Grantor,is considered final and is incorporated herein by reference.
6.2. Bud�et Revisions.Grantee must obtain Prior Approval,whether mandated or discretionary,from
Grantor whenever a Budget revision,is necessary for one or more of the reasons enumerated in 44 III.Admin.
Code 7000370(b).All requests for Budget revisions that require Grantor approval must be signed by Grantee's
authorized representative and submitted to Grantor for approval. Expenditure of funds under a requested
revision is prohibited and will not be reimbursed if expended before Grantor gives written approval.
6.3. Notification.Within thirty(30)calendar days from the date of receipt of the request for Budget
revisions,Grantor will review the request and notify Grantee whether the Budget revision has been approved,
denied,or the date upon which a decision will be reached. 44 III.Admin.Code 7000.370(b)(7).
ARTICLE VII
ALLOWABLE COSTS
7.1. Allowabilitv of Costs:Cost Allocation Methods.The allowability of costs and cost allocation
methods for work performed under this Agreement will be determined in accordance with 2 CFR Part 200
Subpart E and Appendices III,IV,V,and VII.
7.2. Indirect Cost Rate Submission.
(a) All grantees,except for Local Education Agencies(as defined in 34 CFR 77.1),must make
an Indirect Cost Rate election in the Grantee Portal,even grantees that do not charge or expect to charge
Indirect Costs. 44 III.Admin.Code 7000.420(e).
(i) Waived and de minimis Indirect Cost Rate elections will remain in effect until
Grantee elects a different option.
(b) Grantee must submit an Indirect Cost Rate Proposal in accordance with federal and
State regulations,in a format prescribed by Grantor. For grantees who have never negotiated an Indirect
Cost Rate before,the Indirect Cost Rate Proposal must be submitted for approval no later than three
months after the effective date of the Award. For grantees who have previously negotiated an Indirect
Cost Rate,the Indirect Cost Rate Proposal must be submitted for approval within 180 days of Grantee's
fiscal year end,as dictated in the applicable appendices,such as:
(i) Appendix VII to 2 CFR Part 200 governs Indirect Cost Rate Proposals for state
and Local Governments and Indian Tribes,
(ii) Appendix III to 2 CFR Part 200 governs Indirect Cost Rate Proposals for public
and private institutions of higher education,
(iii) Appendix IV to 2 CFR Part 200 governs Indirect(F&A)Costs Identification and
Assignment,and Rate Determination for Nonprofit Organizations,and
(iv) Appendix V to 2 CFR Part 200 governs state/Local Governmentwide Central
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Service Cost Allocation Plans.
(c) A grantee who has a current,applicable rate negotiated by a cognizant federal agency
must provide to Grantor a copy of its Indirect Cost Rate acceptance letter from the federal government
and a copy of all documentation regarding the allocation methodology for costs used to negotiate that
rate,e.g.,without limitation,the cost policy statement or disclosure narrative statement. Grantor will
accept that Indirect Cost Rate,up to any statutory,rule-based or programmatic limit.
(d) A grantee who does not have a current negotiated rate,may elect to charge a de
minimis rate of 10%of Modified Total Direct Cost which may be used indefinitely.No documentation is
required to justify the 10%de minimis Indirect Cost Rate.2 CFR 200.414(f).
7.3. Transfer of Costs.Cost transfers between Grants,whether as a means to compensate for cost
overruns or for other reasons,are unallowable. 2 CFR 200.451.
7.4. Commercial Or�anization Cost Principles.The federal cost principles and procedures for cost
analysis and the determination,negotiation and allowance of costs that apply to commercial organizations are set
forth in 48 CFR Part 31.
7.5. Financial Mana�ement Standards.The financial management systems of Grantee must meet the
following standards:
(a) Accounting System.Grantee organizations must have an accounting system that
provides accurate,current,and complete disclosure of all financial transactions related to each state-and
federally-funded Program.Accounting records must contain information pertaining to State and federal
pass-through awards,authorizations,Obligations,unobligated balances,assets,outlays,and income.
These records must be maintained on a current basis and balanced at least quarterly.Cash contributions
to the Program from third parties must be accounted for in the general ledger with other Grant Funds.
Third party in-kind(non-cash)contributions are not required to be recorded in the general ledger,but
must be under accounting control,possibly through the use of a memorandum ledger. To comply with 2
CFR 200.305(b)(7)(i)and 30 ILCS 708/97,Grantee must use reasonable efforts to ensure that funding
streams are delineated within Grantee's accounting system. 2 CFR 200.302.
(b) Source Documentation.Accounting records must be supported by such source
documentation as canceled checks,bank statements,invoices,paid bills,donor letters,time and
attendance records,activity reports,travel reports,contractual and consultant agreements,and
subaward documentation.All supporting documentation must be clearly identified with the Award and
general ledger accounts which are to be charged or credited.
(i) The documentation standards for salary charges to Grants are prescribed by 2
CFR 200.430,and in the cost principles applicable to the Grantee's organization.
(ii) If records do not meet the standards in 2 CFR 200.430,then Grantor may notify
Grantee in PART TWO.PART THREE or Exhibit E of the requirement to submit personnel activity
reports. 2 CFR 200.430(i)(8). Personnel activity reports must account on an after-the-fact basis
for one hundred percent(100%)of the employee's actual time,separately indicating the time
spent on the Award,other grants or projects,vacation or sick leave,and administrative time,if
applicable.The reports must be signed by the employee,approved by the appropriate official,
and coincide with a pay period.These time records must be used to record the distribution of
salary costs to the appropriate accounts no less frequently than quarterly.
(iii) Formal agreements with independent contractors,such as consultants,must
• State of Illinois
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include a description of the services to be performed,the period of performance,the fee and
method of payment,an itemization of travel and other costs which are chargeable to the
agreement,and the signatures of both the contractor and an appropriate official of Grantee.
(iv) If third party in-kind(non-cash)contributions are used for Award purposes,the
valuation of these contributions must be supported with adequate documentation.
(c) Internal Control.Grantee must maintain effective control and accountability for all cash,
real and personal property,and other assets.Grantee must adequately safeguard all such property and
must provide assurance that it is used solely for authorized purposes.Grantee must also have systems in
place that provide reasonable assurance that the information is accurate,allowable,and compliant with
the terms and conditions of this Agreement. 2 CFR 200.303.
(d) Budget Control.Grantee must maintain records of expenditures for each Award by the
cost categories of the approved Budget(including Indirect Costs that are charged to the Award),and
actual expenditures are to be compared with budgeted amounts at least quarterly.
(e) Cash Management.Requests for advance payment must be limited to Grantee's
immediate cash needs.Grantee must have written procedures to minimize the time elapsing between the
receipt and the disbursement of Grant Funds to avoid having excess funds on hand.2 CFR 200.305.
7.6. Profits.It is not permitted for any person or entity to earn a Profit from an Award.See, e.g.,2
CFR 200.400(g);see also 30 ILCS 708/60(a)(7).
7.7. Management of Pro�ram Income. Grantee is encouraged to earn income to defray Program
Costs where appropriate,subject to 2 CFR 200307.
ARTICLE VIII
LOBBYING
8.1. Improper Influence.Grantee certifies that it will not use and has not used Grant Funds to
influence or attempt to influence an officer or employee of any government agency or a member or employee of
the State or federal legislature in connection with the awarding of any agreement,the making of any grant,the
making of any loan,the entering into of any cooperative agreement,or the extension,continuation,renewal,
amendment or modification of any agreement,grant,loan or cooperative agreement. Additionally,Grantee
certifies that it has filed the required certification under the Byrd Anti-Lobbying Amendment(31 USC 1352),if
applicable.
8.2. Federal Form LLL.If any federal funds,other than federally-appropriated funds,were paid or will
be paid to any person for influencing or attempting to influence any of the above persons in connection with this
Agreement,the undersigned must also complete and submit Federal Form LLL,Disclosure of Lobbying Activities
Form,in accordance with its instructions.
8.3. Lobbvin�Costs.Grantee certifies that it is in compliance with the restrictions on lobbying set
forth in 2 CFR 200.450.For any Indirect Costs associated with this Agreement,total lobbying costs must be
separately identified in the Program Budget,and thereafter treated as other Unallowable Costs.
8.4. Procurement Lobbvin�.Grantee warrants and certifies that it and,to the best of its knowledge,
its subrecipients have complied and will comply with Illinois Executive Order No.1(2007)(EO 1-2007).EO 1-2007
generally prohibits grantees and subcontractors from hiring the then-serving Governor's family members to lobby
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procurement activities of the State,or any other unit of government in Illinois including local governments,if that
procurement may result in a contract valued at over$25,000.This prohibition also applies to hiring for that same
purpose any former State employee who had procurement authority at any time during the one-year period
preceding the procurement lobbying activity.
8.5. Subawards.Grantee must include the language of this ARTICLE in the award documents for any
subawards made pursuant to this Award at all tiers.All subrecipients are also subject to certification and
disclosure. Pursuant to Appendix II(I)to 2 CFR Part 200,Grantee must forward all disclosures by contractors
regarding this certification to Grantor.
8.6. Certification.This certification is a material representation of fact upon which reliance was
placed to enter into this transaction and is a prerequisite for this transaction,pursuant to 31 USC 1352.Any
person who fails to file the required certifications will be subject to a civil penalty of not less than$10,000,and
not more than$100,000,for each such failure.
ARTICLE IX
MAINTENANCE AND ACCESSIBILITY OF RECORDS;MONITORING
9.1. Records Retention.Grantee must maintain for three(3)years from the date of submission of the
final expenditure report,adequate books,all financial records and,supporting documents,statistical records,and
all other records pertinent to this Award,adequate to comply with 2 CFR 200.334,unless a different retention
period is specified in 2 CFR 200.334, 44 III.Admin.Code 7000.430(a)and(b)or PARTTWO or PARTTHREE. If any
litigation,claim or audit is started before the expiration of the retention period,the records must be retained
until all litigation,claims or audit exceptions involving the records have been resolved and final action taken.
9.2. Accessibilitv of Records.Grantee,in compliance with 2 CFR 200.337 and 44 III.Admin.
Code 7000.430(f),must make books,records,related papers,supporting documentation and personnel relevant
to this Agreement available to authorized Grantor representatives,the Illinois Auditor General,Illinois Attorney
General,any Executive Inspector General,Grantor's Inspector General,federal authorities,any person identified
in 2 CFR 200.337,and any other person as may be authorized by Grantor(including auditors), by the State of
Illinois or by federal statute. Grantee must cooperate fully in any such audit or inquiry.
9.3. Failure to Maintain Books and Records.Failure to maintain books,records and supporting
documentation,as described in this ARTICLE,establishes a presumption in favor of the State for the recovery of
any Grant Funds paid by the State under this Agreement for which adequate books, records and supporting
documentation are not available to support disbursement.
9.4. Monitorins and Access to Information.Grantee must monitor its activities to assure compliance
with applicable state and federal requirements and to assure its performance expectations are being achieved.
Grantor will monitor the activities of Grantee to assure compliance with all requirements and performance
expectations of the Award. Grantee must timely submit all financial and performance reports,and must supply,
upon Grantor's request,documents and information relevant to the Award. Grantor may make site visits as
warranted by Program needs. 2 CFR 200.329;200.332. Additional monitoring requirements may be in PART
TWO or PARTTHREE.
ARTICLE X
FINANCIAL REPORTING REQUIREMENTS
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10.1. Required Periodic Financial Reports.Grantee must submit financial reports as requested and in
the format required by Grantor no later than the dues date(s)specified in PART TWO or PART THREE.Grantee
must submit quarterly reports with Grantor describing the expenditure(s)of the funds related thereto,unless
more frequent reporting is required by the Grantee due to the funding source or pursuant to specific award
conditions. 2 CFR 200.208. Any report required by 30 ILCS 708/125 may be detailed in PART TWO or PART
THREE.
10.2. Financial Close-out Report.
(a) Grantee must submit a financial Close-out Report,in the format required by Grantor,by
the due date specified in PART TWO or PART THREE,which must be no later than sixty(60)calendar days
following the end of the Period of Performance for this Agreement or Agreement termination. The
format of this financial Close-out Report must follow a format prescribed by Grantor.2 CFR 200.344;44
III.Admin.Code 7000.440(b).
(b) If an audit or review of Grantee occurs and results in adjustments after Grantee submits
a Close-out Report,Grantee must submit a new financial Close-out Report based on audit adjustments,
and immediately submit a refund to Grantor,if applicable. 2 CFR 200.345;44'lll.Admin.Code 7000.450.
10.3. Effect of Failure to Comqlv.Failure to comply with the reporting requirements in this Agreement
may cause a delay or suspension of funding or require the return of improper payments or Unallowable Costs,
and will be considered a material breach of this Agreement. Grantee's failure to comply with ARTICLE X,ARTICLE
XI,or ARTICLE XVII will be considered prima facie evidence of a breach and may be admitted as such,without
further proof,into evidence in an administrative proceeding before Grantor,or in any other legal proceeding.
Grantee should refer to the State Grantee Compliance Enforcement System for policy and consequences for
failure to comply. 44 III.Admin.Code 7000.80.
ARTICLE XI
PERFORMANCE REPORTING REQUIREMENTS
11.1. Required Periodic Performance Reqorts.Grantee must submit performance reports as requested
and in the format required by Grantor no later than the due date(s)specified in PART TWO or PART THREE.44111.
Admin.Code 7000.410.Grantee must report to Grantor on the performance measures listed in Exhibit D.PART
TWO or PART THREE at the intervals specified by Grantor,which must be no less frequent than annually and no
more frequent than quarterly,unless otherwise specified in PARTTWO. PARTTHREE,or Exhibit E pursuant to
specific award conditions. For certain construction-related Awards,such reports may be exempted as identified
in PART TWO or PART THREE. 2 CFR 200.329.
11.2. Performance Close-out Reqort.Grantee must submit a performance Close-out Report,in the
format required by Grantor by the due date specified in PARTTWO or PART THREE,which must be no later than
60 calendar days following the end of the Period of Performance or Agreement termination. 2 CFR 200.344;44
III.Admin.Code 7000.440(b).
11.3. Content of Performance Reports. Pursuant to 2 CFR 200329(b)and(c),all performance reports
must relate the financial data and accomplishments to the performance goals and objectives of this Award and
also include the following:a comparison of actual accomplishments to the objectives of the Award established for
the period;where the accomplishments can be quantified,a computation of the cost and demonstration of cost
effective practices(e.g.,through unit cost data);performance trend data and analysis if required;and reasons
why established goals were not met,if appropriate.Additional content and format guidelines for the
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Agreement No.20240156
performance reports will be determined by Grantor contingent on the Award's statutory,regulatory and
administrative requirements,and are included in PARTTWO or PARTTHREE of this Agreement.
ARTICLE XII
AUDIT REQUIREMENTS
12.1. Audits.Grantee is subject to the audit requirements contained in the Single Audit Act
Amendments of 1996(31 USC 7501-7507),Subpart F of 2 CFR Part 200,and the audit rules and policies set forth
by the Governor's Office of Management and Budget. 30 ILCS 708/65(c);44 III.Admin.Code 7000.90.
12.2. Consolidated Year-End Financial Reports(CYEFR).All grantees must complete and submit a
CYEFR through the Grantee Portal,except those exempted by federal or State statute or regulation,as set forth in
PARTTWO or PARTTHREE. The CYEFR is a required schedule in Grantee's audit report if Grantee is required to
complete and submit an audit report as set forth herein.
(a) Grantee's CYEFR must cover the same period as the audited financial statements,if
required,and must be submitted in accordance with the audit schedule at 44 III.Admin.Code 7000.90. If
Grantee is not required to complete audited financial statements,the CYEFR must cover Grantee's fiscal
year and must be submitted within 6 months of the Grantee's fiscal year-end.
(b) The CYEFR must include an in relation to opinion from the auditor of the financial
statements included in the audit.
(c) The CYEFR must follow a format prescribed by Grantor.
12.3. Entities That Are Not"For-Profit".
(a) This Paragraph applies to Grantees that are not"for-profit"entities.
(b) Sin�le and Pro�ram-Specific Audits.If,during its fiscal year,Grantee expends$750,000
or more in federal Awards(direct federal and federal pass-through awards combined),Grantee must have
a single audit or program-specific audit conducted for that year as required by 2 CFR 200.501 and other
applicable sections of Subpart F of 2 CFR Part 200. The audit report packet must be completed as
described in 2 CFR 200.512(single audit)or 2 CFR 200.507(program-specific audit),44 III.Admin.Code
7000.90(h)(1)and the current GATA audit manual and submitted to the Federal Audit Clearinghouse,as
required by 2 CFR 200.512. The results of peer and external quality control reviews, management letters
issued by the auditors and their respective corrective action plans if significant deficiencies or material
weaknesses are identi�ed,and the CYEFR(s)must be submitted to the Grantee Portal. The due date of all
required submissions set forth in this Paragraph is the earlier of(i)thirty(30)calendar days after receipt I
of the auditor's report(s)or(ii)nine(9)months after the end of Grantee's audit period.
(c) Financial Statement Audit.If,during its fiscal year,Grantee expends less than$750,000 I,
in federal Awards,Grantee is subject to the following audit requirements:
(i) If,during its fiscal year,Grantee expends$500,000 or more in State-issued
Awards,Grantee must have a financial statement audit conducted in accordance with the
Generally Accepted Government Auditing Standards(GAGAS). Grantee may be subject to
additional requirements in PARTTWO.PARTTHREE or Exhibit E based on Grantee's risk profile.
(ii) If,during its fiscal year,Grantee expends less than$500,000 in State-issued
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Agreement No.20240156
Awards,but expends$300,000 or more in State-issued Awards,Grantee must have a financial
statement audit conducted in accordance with the Generally Accepted Auditing Standards
(GAAS).
(iii) If Grantee is a Local Education Agency(as defined in 34 CFR 77.1),Grantee
must have a financial statement audit conducted in accordance with GAGAS,as required by 23 III.
Admin.Code 100.110,regardless of the dollar amount of expenditures of State-issued Awards.
(iv) If Grantee does not meet the requirements in subsections 12.3(b)and 12.3(c)(i-
iii)but is required to have a financial statement audit conducted based on other regulatory
requirements,Grantee must submit those audits for review.
(v) Grantee must submit its financial statement audit report packet,as set forth in
44 III.Admin.Code 7000.90(h)(2)and the current GATA audit manual,to the Grantee Portal
within the earlier of(i)thirty(30)calendar days after receipt of the auditor's report(s)or(ii)six
(6)months after the end of Grantee's audit period.
12.4. "For-Profit"Entities.
(a) This Paragraph applies to Grantees that are"for-profit"entities.
(b) Pro�ram-Specific Audit.If,during its fiscal year,Grantee expends$750,000 or more in
federal pass-through funds from State-issued Awards,Grantee must have a program-specific audit
conducted in accordance with 2 CFR 200.507.The auditor must audit federal pass-through programs with
federal pass-through Awards expended that,in the aggregate,cover at least 50 percent(0.50)of total
federal pass-through Awards expended. The audit report packet must be completed as described in 2 CFR
200.507(program-specific audit),44 III.Admin.Code 7000.90 and the current GATA audit manual,and
must be submitted to the Grantee Portal. The due date of all required submissions set forth in this
Paragraph is the earlier of(i)thirty(30)calendar days after receipt of the auditor's report(s)or(ii)nine(9)
months after the end of Grantee's audit period.
(c) Financial Statement Audit. If,during its fiscal year,Grantee expends less than$750,000
in federal pass-through funds from State-issued Awards,Grantee must follow all of the audit
requirements in Paragraphs 12.3(c)(i)-(v),above.
(d) Publiclv-Traded Entities. If Grantee is a publicly-traded company,Grantee is not subject
to the single audit or program-specific audit requirements,but must submit its annual audit conducted in
accordance with its regulatory requirements.
12.5. Performance of Audits. For those organizations required to submit an independent audit report,
the audit must be conducted by the Illinois Auditor General(as required for certain governmental entities only),
or a Certified Public Accountant or Certified Public Accounting Firm licensed in the State of Illinois or in
accordance with Section 5.2 of the Illinois Public Accounting Act(225 ILCS 450/5.2). For all audits required to be
performed subject to GAGAS or Generally Accepted Auditing Standards,Grantee must request and maintain on
file a copy of the auditor's most recent peer review report and acceptance letter. Grantee must follow
procedures prescribed by Grantor for the preparation and submission of audit reports and any related
documents.
12.6. Delinquent Reports.When audit reports or financial statements required under this ARTICLE are
prepared by the Illinois Auditor General,if they are not available by the above-specified due date,they must be
provided to Grantor within thirty(30)days of becoming available. Grantee should refer to the State Grantee
Compliance Enforcement System for the policy and consequences for late reporting.44 III.Admin.Code 7000.80.
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ARTICLE XIII
TERMINATION;SUSPENSION;NON-COMPLIANCE
13.1. Termination.
(a) Either Party may terminate this Agreement,in whole or in part,upon thirty(30)
calendar days'prior written notice to the other Party.
(b) If terminated by the Grantee,Grantee must include the reasons for such termination,
the effective date,and,in the case of a partial termination,the portion to be terminated. If Grantor
determines in the case of a partial termination that the reduced or modified portion of the Award will not
accomplish the purposes for which the Award was made, Grantor may terminate the Agreement in its
entirety. 2 CFR 200.340(a)(4).
(c) This Agreement may be terminated,in whole or in part,by Grantor:
(i) Pursuant to a funding failure under Paragraph 4.1;
(ii) If Grantee fails to comply with the terms and conditions of this or any Award,
application or proposal,including any applicable rules or regulations,or has made a false
representation in connection with the receipt of this or any Award;or
(iii) If the Award no longer effectuates the Program goals or agency priorities as set
forth in Exhibit A.PART TWO or PART THREE.
13.2. Suspension.Grantor may suspend this Agreement,in whole or in part,pursuant to a funding
failure under Paragraph 4.1 or if the Grantee fails to comply with terms and conditions of this or any Award. If
suspension is due to Grantee's failure to comply,Grantor may withhold further payment and prohibit Grantee
from incurring additional Obligations pending corrective action by Grantee or a decision to terminate this
Agreement by Grantor. Grantor may allow necessary and proper costs that Grantee could not reasonably avoid
during the period of suspension.
13.3. Non-compliance. If Grantee fails to comply with the U.S.Constitution,applicable statutes,
regulations or the terms and conditions of this or any Award,Grantor may impose additional conditions on
Grantee,as described in 2 CFR 200.208. If Grantor determines that non-compliance cannot be remedied by
imposing additional conditions,Grantor may take one or more of the actions described in 2 CFR 200.339. The
Parties must follow all Grantor policies and procedures regarding non-compliance,including,but not limited to,
the procedures set forth in the State Grantee Compliance Enforcement System. 44 III.Admin.Code 7000.80 and
7000.260.
13.4. Obiection. If Grantor suspends or terminates this Agreement, in whole or in part, for cause, or
takes any other action in response to Grantee's non-compliance, Grantee may avail itself of any opportunities to
object and challenge such suspension,termination or other action by Grantor in accordance with any applicable
processes and procedures, including, but not limited to,the procedures set forth in the State Grantee Compliance
Enforcement System. 2 CFR 200.342;44 III.Admin.Code 7000.80 and 7000Z60.
13.5. Effects of Suspension and Termination.
(a) Grantor may credit Grantee for allowable expenditures incurred in the performance of
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authorized services under this Agreement prior to the effective date of a suspension or termination.
(b) Except as set forth in subparagraph (c), below, Grantee must not incur any costs or
Obligations that require the use of Grant Funds after the effective date of a suspension or termination,and
must cancel as many outstanding Obligations as possible.
(c) Costs to Grantee resulting from Obligations incurred by Grantee during a suspension or
after termination of the Agreement are not allowable unless Grantor expressly authorizes them in the
notice of suspension or termination or subsequently. However, Grantor may allow costs during a
suspension or after termination if:
(i) The costs result from Obligations properly incurred before the effective date of
suspension or termination,are not in anticipation of the suspension or termination,and the costs
would be allowable if the Agreement was not suspended or terminated prematurely. 2 CFR
200.343.
13.6. Close-out of Terminated A�reements. If this Agreement is terminated, in whole or in part, the
Parties must comply with all close-out and post-termination requirements of this Agreement. 2 CFR 200.340(d).
ARTICLE XIV
SUBCONTRACTS/SU BAWARDS
14.1. Subcontractins/Subrecipients/Dele�ation.Grantee must not subcontract nor issue a subaward
for any portion of this Agreement nor delegate any duties hereunder without Prior Approval of Grantor.The
requirement for Prior Approval is satisfied if the subcontractor or subrecipient has been identified in the uniform
grant application,such as,without limitation,a Project description,and Grantor has approved.Grantee must
notify any potential subrecipient that the subrecipient must obtain and provide to the Grantee a Unique Entity
Identifier prior to receiving a subaward. 2 CFR 25.300.
14.2. Aqplication of Terms. If Grantee enters into a subaward agreement with a subrecipient,Grantee
must notify the subrecipient of the applicable laws and regulations and terms and conditions of this Award by
attaching this Agreement to the subaward agreement.The terms of this Agreement apply to all subawards
authorized in accordance with Paragraph 14.1. 2 CFR 200.101(b)(2).
143. Liabilitv as Guarantv.Grantee will be liable as guarantor for any Grant Funds it obligates to a
subrecipient or subcontractor pursuant to this ARTICLE in the event Grantor determines the funds were either '
misspent or are being improperly held and the subrecipient or subcontractor is insolvent or otherwise fails to
return the funds. 2 CFR 200.345;30 ILCS 705/6;44 III.Admin.Code 7000.450(a).
ARTICLE XV
NOTICE OF CHANGE
15.1. Notice of Chan�e.Grantee must notify Grantor if there is a change in Grantee's legal status,FEIN,
UEI,SAM registration status,Related Parties,senior management(for non-governmental grantees only)or
address. If the change is anticipated,Grantee must give thirty(30)days'prior written notice to Grantor. If the
change is unanticipated,Grantee must give notice as soon as practicable thereafter. Grantor reserves the right to
take any and all appropriate action as a result of such change(s).
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15.2. Failure to Provide Notification.To the extent permitted by Illinois law(see Paragraph 21.2),
Grantee must hold harmless Grantor for any acts or omissions of Grantor resulting from Grantee's failure to
notify Grantor as required by Paragraph 15.1.
15.3. Notice of Impact.Grantee must notify Grantor in writing of any event,including,by not limited
to,becoming a party to litigation,an investigation,or transaction that may have a material impact on Grantee's
ability to perform under this Agreement.Grantee must provide notice to Grantor as soon as possible,but no later
than five(5)days after Grantee becomes aware that the event may have a material impact.
15.4. Effect of Failure to Provide Notice.Failure to provide the notice described in this ARTICLE is
grounds for termination of this Agreement and any costs incurred after the date notice should have been given
may be disallowed.
ARTICLE XVI
STRUCTURAL REORGANIZATION AND RECONSTITUTION OF BOARD MEMBERSHIP
16.1. Effect of Reorsanization.This Agreement is made by and between Grantor and Grantee,as
Grantee is currently organized and constituted.Grantor does not agree to continue this Agreement,or any license
related thereto,should Grantee significantly reorganize or otherwise substantially change the character of its
corporate structure,business structure or governance structure.Grantee must give Grantor prior notice of any
such action or changes significantly affecting its overall structure or,for non-governmental grantees only,
management makeup(for example,a merger or a corporate restructuring),and must provide all reasonable
documentation necessary for Grantor to review the proposed transaction including financial records and
corporate and shareholder minutes of any corporation which may be involved.Grantor reserves the right to
terminate the Agreement based on whether the newly organized entity is able to carry out the requirements of
the Award.This ARTICLE does not require Grantee to report on minor changes in the makeup of its board
membership or governance structure,as applicable.Nevertheless,PART TWO or PART THREE may impose further
restrictions. Failure to comply with this ARTICLE constitutes a material breach of this Agreement.
ARTICLE XVII
CONFLICT OF INTEREST
17.1. Required Disclosures.Grantee must immediately disclose in writing any potential or actual
Conflict of Interest to Grantor. 2 CFR 200.113;30 ILCS 708/35.
17.2. Prohibited Pavments. Payments made by Grantor under this Agreement must not be used by
Grantee to compensate,directly or indirectly,any person currently holding an elective office in this State
including,but not limited to,a seat in the General Assembly. In addition,where Grantee is not an
instrumentality of the State of Illinois,as described in this Paragraph,Grantee must request permission from
Grantor to compensate,directly or indirectly,any person employed by an office or agency of the State of Illinois.
An instrumentality of the State of Illinois includes,without limitation,State departments,agencies,boards,and
State universities. An instrumentality of the State of Illinois does not include,without limitation,units of Local
Government and related entities.
17.3. Request for Exemption.Grantee may request written approval from Grantor for an exemption
from Paragraph 17.2.Grantee acknowledges that Grantor is under no obligation to provide such exemption and
that Grantor may grant an such exemption subject to additional terms and conditions as Grantor may require.
State of Illinois
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ARTICLE XVIII
EQUIPMENT OR PROPERTY
18.1. Purchase of Equipment.For any equipment purchased in whole or in part with Grant Funds,if
Grantor determines that Grantee has not met the conditions of 2 CFR 200.439,the costs for such equipment will
be disallowed.Grantor must notify Grantee in writing that the purchase of equipment is disallowed.
18.2. Prohibition asainst Disposition/Encumbrance.Any equipment,material,or real property that
Grantee purchases or improves with Grant Funds must not be sold,transferred,encumbered(other than original
financing)or otherwise disposed of during the Award Term without Prior Approval of Grantor unless a longer
period is required in PART TWO or PART THREE and permitted by 2 CFR Part 200 Subpart D. Use or disposition of
real property acquired or improved using Grant Funds must comply with the requirements of 2 CFR 200.311. Real
property,equipment,and intangible property that are acquired or improved in whole or in part using Grant Funds
are subject to the provisions of 2 CFR 200316. Grantor may require the Grantee to record liens or other
appropriate notices of record to indicate that personal or real property has been acquired or improved with this
Award and that use and disposition conditions apply to the property.
18.3. Equipment and Procurement.Grantee must comply with the uniform standards set forth in 2 CFR
200.310-200.316 governing the management and disposition of property,the cost of which was supported by
Grant Funds.Any waiver from such compliance must be granted by either the President's Office of Management ',
and Budget,the Governor's Office of Management and Budget,or both,depending on the source of the Grant �i
Funds used. Additionally,Grantee must comply with the standards set forth in 2 CFR 200.317-200.326 to
establish procedures to use Grant Funds for the procurement of supplies and other expendable property,
equipment,real property and other services.
18.4. Equiqment Instructions. Grantee must obtain disposition instructions from Grantor when
equipment,purchased in whole or in part with Grant Funds,is no longer needed for their original
purpose. Notwithstanding anything to the contrary contained in this Agreement,Grantor may require transfer of
any equipment to Grantor or a third party for any reason,including,without limitation,if Grantor terminates the
Award or Grantee no longer conducts Award activities.Grantee must properly maintain,track,use,store and
insure the equipment according to applicable best practices,manufacturer's guidelines,federal and state laws or
rules,and Grantor requirements stated herein.
18.5. Domestic Preferences for Procurements.In accordance with 2 CFR 200.322,as appropriate and
to the extent consistent with law,Grantee must,to the greatest extent practicable under this Award,provide a
preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States
(including but not limited to iron,aluminum,steel,cement,and other manufactured products).The requirements
of this Paragraph must be included in all subawards and in all contracts and purchase orders for work or products
under this Award.
ARTICLE XIX
PROMOTIONAL MATERIALS;PRIOR NOTIFICATION
19.1. Promotional and Written Materials. Use of Grant Funds for promotions is subject to the
prohibitions for advertising or public relations costs in 2 CFR 200.421(e). In the event that Grant Funds are used
in whole or in part to produce any written publications,announcements,reports,flyers,brochures or other
written materials,Grantee must obtain Prior Approval for the use of those funds(2 CFR 200.467)and must
include in these publications,announcements,reports,flyers,brochures and all other such material,the phrase
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"Funding provided in whole or in part by the[Grantor]."2 CFR 200.467.Exceptions to this requirement must be
requested,in writing,from Grantor and will be considered authorized only upon written notice thereof to
Grantee.
19.2. Prior Notification/Release of Information.Grantee must notify Grantor ten(10)days prior to
issuing public announcements or press releases concerning work performed pursuant to this Agreement,or
funded in whole or in part by this Agreement,and must cooperate with Grantor in joint or coordinated releases
of information.
ARTICLE XX
INSURANCE
20.1. Maintenance of Insurance.Grantee must maintain in full force and effect during the Term of this
Agreement casualty and bodily injury insurance,as well as insurance sufficient to cover the replacement cost of
any and all real or personal property,or both,purchased or,otherwise acquired,or improved in whole or in part,
with funds disbursed pursuant to this Agreement. 2 CFR 200.310. Additional insurance requiremerits may be
detailed in PARTTWO or PARTTHREE.
20.2. Claims.If a claim is submitted for real or personal property,or both,purchased in whole with
funds from this Agreement and such claim results in the recovery of money,such money recovered must be
surrendered to Grantor.
ARTICLE XXI
LAWSUITS AND INDEMNIFICATION
21.1. Independent Contractor. Neither Grantee nor any employee or agent of Grantee acquires any
employment rights with Grantor by virtue of this Agreement.Grantee must provide the agreed services and
achieve the specified results free from the direction or control of Grantor as to the means and methods of
performance.Grantee must provide its own equipment and supplies necessary to conduct its business;provided,
however,that in the event,for its convenience or otherwise,Grantor makes any such equipment or supplies
available to Grantee,Grantee's use of such equipment or supplies provided by Grantor pursuant to this
Agreement is strictly limited to official Grantor or State of Illinois business and not for any other purpose,
including any personal bene�t or gain.
21.2. Indemnification and Liabilitv.
(a) Non-governmental entities.This subparagraph applies only if Grantee is a non-
governmental entity. Grantee must hold harmless Grantor against any and all liability,loss,damage,
cost or expenses,including attorneys'fees,arising from the intentional torts,negligence or breach of
contract of Grantee,with the exception of acts performed in conformance with an explicit,written
directive of Grantor. Indemnification by Grantor is governed by the State Employee Indemnification Act
(5 ILCS 350/.01 et seq.)as interpreted by the Illinois Attorney General.Grantor makes no representation
that Grantee,an independent contractor,will qualify or 6e eligible for indemnification under said Act.
(b) Governmental entities.This subparagraph applies only if Grantee is a governmental unit
as designated in Paragraph 3.2. Neither Party shall be liable for actions chargeable to the other Party
under this Agreement including,but not limited to,the negligent acts and omissions of the other Party's
agents,employees or subcontractors in the performance of their duties as described under this
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Agreement No.20240156
Agreement, unless such liability is imposed by law. This Agreement is not construed as seeking to
enlarge or diminish any obligation or duty owed by one Party against the other or against a third party.
ARTICLE XXII
MISCELLANEOUS
22.1. Gift Ban.Grantee is prohibited from giving gifts to State employees pursuant to the State
Officials and Employees Ethics Act(5 ILCS 430/10-10)and Illinois Executive Order 15-09.
22.2. Assignment Prohibited.This Agreement must not be sold,assigned,or transferred in any manner
by Grantee,to include an assignment of Grantee's rights to receive payment hereunder,and any actual or
attempted sale,assignment,or transfer by Grantee without the Prior Approval of Grantor in writing renders this
Agreement null,void and of no further effect.
22.3. Coqies of A�reements upon Request.Grantee must,upon request by Grantor,provide Grantor
with copies of contracts or other agreements to which Grantee is a party with any other State agency.
22.4. Amendments.This Agreement may be modified or amended at any time during its Term by
mutual consent of the Parties,expressed in writing and signed by the Parties.
22.5. Severabilitv.If any provision of this Agreement is declared invalid,its other provisions will remain
in effect.
22.6. No Waiver.The failure of either Party to assert any right or remedy pursuant to this Agreement
will not be construed as a waiver of either Party's right to assert such right or remedy at a later time or constitute
a course of business upon which either Party may rely for the purpose of denial of such a right or remedy.
22.7. Applicable Law:Claims.This Agreement and all subsequent amendments thereto,if any,are
governed and construed in accordance with the laws of the State of Illinois. Any claim against Grantor arising out
of this Agreement must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1 et seq. Grantor does
not waive sovereign immunity by entering into this Agreement.
22.8. Compliance with Law.This Agreement and Grantee's Obligations and services hereunder must be
performed in compliance with all applicable federal and State laws,including,without limitation,federal
regulations,State administrative rules,including but not limited to 44 III.Admin.Code Part 7000,laws and rules
which govern disclosure of confidential records or other information obtained by Grantee concerning persons
served under this Agreement,and any license requirements or professional certification provisions.
22.9. Compliance with Freedom of Information Act.Upon request,Grantee must make available to
Grantor all documents in its possession that Grantor deems necessary to comply with requests made under the
Freedom of Information Act.5 ILCS 140/7(2). �
22.10. Precedence.
(a) Except as set forth in subparagraph(b),below,the following rules of precedence are
controlling for this Agreement:In the event there is a conflict between this Agreement and any of the
exhibits or attachments hereto,this Agreement controls. In the event there is a conflict between PART
ONE and PART TWO or PART THREE of this Agreement,PART ONE controls.In the event there is a conflict
between PART TWO and PART THREE of this Agreement, PART TWO controls. In the event there is a
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Agreement No.20240156
conflict between this Agreement and relevant statute(s)or rule(s),the relevant statute(s)or rule(s)
controls.
(b) Notwithstanding the provisions in subparagraph(a),above,if a relevant federai or state
statute(s)or rule(s)requires an exception to this Agreement's provisions,or an exception to a
requirement in this Agreement is granted by GATU,such exceptions must be noted in PART TWO or PART
THREE,and in such cases,those requirements control.
22.11. Illinois Grant Funds Recovery Act. In the event of a conflict between the Illinois Grant Funds
Recovery Act and the Grant Accountability and Transparency Act,the provisions of the Grant Accountability and
Transparency Act control.30 ILCS 708/80.
22.12. Headinss.Articles and other headings contained in this Agreement are for reference purposes
only and are not intended to define or limit the scope,extent or intent of this Agreement or any provision hereof.
22.13. Counterparts.This Agreement may be executed in one or more counterparts,each of which are
considered to be one and the same agreement,binding on all Parties hereto,notwithstanding that all Parties are
not signatories to the same counterpart. Duplicated signatures,signatures transmitted via facsimile,or signatures
contained in a Portable Document Format(PDF)document are deemed original for all purposes.
22.14. Attornev Fees and Costs. Unless prohibited by law,if Grantor prevails in any proceeding to
enforce the terms of this Agreement,including any administrative hearing pursuant to the Grant Funds Recovery
Act or the Grant Accountability and Transparency Act,Grantor has the right to recover reasonable attorneys'fees,
costs and expenses associated with such proceedings.
22.15. Continuins Responsibilities. The termination or expiration of this Agreement does not affect:(a)
the right of Grantor to disallow costs and recover funds based on a later audit or other review;(b)the obligation
of the Grantee to return any funds due as a result of later refunds,corrections or other transactions,including,
without limitation,final Indirect Cost Rate adjustments and those funds obligated pursuant to ARTICLE XIV;(c)the
CYEFR(s);(d)audit requirements established in 44 III.Admin.Code 7000.90 and ARTICLE XII;(e)property
management and disposition requirements established in 2 CFR 200.310 through 2 CFR 200.316 and ARTICLE li
XVIII;or(f)records related requirements pursuant to ARTICLE IX. 44 III.Admin.Code 7000.440.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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Agreement No.20240156
EXHIBIT A
PROJECT DESCRIPTION
The Illinois Law Enforcement Camera Grant Program was created to assist law enforcement agencies purchase
officer-worn and in-car cameras.These grants to Illinois local governmental police agencies allow for the
reimbursement of purchase price associated with in-car video cameras for use in law enforcement vehicles,
officer-worn body cameras for law enforcement officers,data storage cost and training for law enforcement
officers in the operation of the cameras.
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Agreement No.20240156
EXHIBIT B
DELIVERABLES OR MILESTONES
Not appiicable
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EXHIBIT C
CONTACT INFORMATION
CONTACTS FOR NOTIFICATION AND GRANT ADMINISTRATION:
Unless specified elsewhere, all notices required or desired to be sent by either Party must be sent to the persons
listed below. Grantee must notify Grantor of any changes in its contact information listed below within five (5)
business days from the effective date of the change,and Grantor must notify Grantee of any changes to its contact
information as soon as practicable. The Party making a change must send any changes in writing to the contact for
the other Party. No amendment to this Agreement is required if information in this Exhibit is changed.
FOR OFFICIAL GRANT NOTIFICATIONS
GRANTOR CONTACT GRANTEE CONTACT
Name:Lennora Burnom Name:Kathryn St Phillip
Title:Grant Manager and GATA Officer Title: Management Analyst
Address:500 S.9th Street,Springfield, Illinois 62701 Address:50 Raupp Blvd,Buffalo Grove,IL 60089
GRANTEE PAYMENT ADDRESS
(If different than the address above)
Address:
FOR GRANT ADMINISTRATION
GRANTOR CONTACT GRANTEE CONTACT
Name:Lennora Burnom Name:
Title:GATA Officer Title:
Address:500 S.9th Street,Springfield, Illinois 62701 Address:
Phone:217-720-6354 Phone:
TTY#:866-740-3933 TTY#:
E-mail Address:lennora.burnom@illinois.gov E-mail Address:
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Agreement No.20240156
EXHIBIT D
PERFORMANCE MEASURES AND STANDARDS
After receiving an award,an agency must comply with all reporting requirements of the Law Enforcement Camera
Grant Act and the Law Enforcement Officer Body-Worn Camera Act.
� In Car:
Any agency receiving grants from the Board for in-car video cameras must adopt a written policy based on the
foilowing model.
A-Installation: Cameras must be permanently installed in law enforcement agency vehicles.
B-Recording:
-Cameras must be turned on continuously throughout the officer's shift.
- Video recording must provide audio of the officer when the officer is outside of the vehicle.
C-Access to Recordings:
-Camera access must be restricted to the officer's supervisors in the vehicle.
- A copy of the video record must be made available upon request to personnel of the law enforcement agency,
the local State's Attorney,and any persons depicted in the video,as provided by law. Procedures for the
distribution of the video record must include safeguards to protect the identities of individuals who are not a party
to the requested stop.
D-Minimum Storage: Law enforcement agencies that receive money under this grant shall provide for storage of
the video records for a period of not less than 2 years.
E-Reporting:
-Each law enforcement agency receiving a grant for in-car video cameras under Section 10 of the Act must
provide an annual report to the Board,the Governor,and the General Assembly on or before May 1 of the year
following the receipt of the grant and by each May 1 thereafter during the period of the grant(while cameras
remain in use). The report shall include the following:
-The number of cameras received by the law enforcement agency;
-The number of cameras installed in law enforcement agency vehicles;
-A brief description of the review process used by supervisors within the law enforcement agency;
-A list of any criminal,traffic,ordinance,and civil cases in which in-car video recordings were used,including party
names,case numbers,offenses charged,and disposition of the matter.
-Proceedings to which this subsection(e)(1)(D)applies include,but are not limited to,court proceedings,
coroner's inquests,grand jury proceedings,and plea bargains.
-Additional Information: From time to time,the Board may request any other information relevant to the
program's administration. (Section 15 of the Act)
Body Worn:
A-Any agency receiving grants from the Board for officer-worn body cameras must adopt a written policy based
on the following model:
-Written Policy: Any agency receiving a grant for officer-worn body cameras must adopt a written policy based
upon this Section and the Board's basic guidelines published pursuant to the Law Enforcement Officer-Worn Body
Camera Act.
B-Reporting:
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-Each law enforcement agency receiving a grant for officer-worn body cameras under Section 10 of this Act must
provide an annual report to the Board,the Governor,and the General Assembly on or before May 1 of the year
following the receipt of the grant and by each May 1 thereafter during the period of the grant(while cameras
remain in use).The report shall include:
-A brief overview of the makeup of the agency,including the number of officers utilizing officer-worn body
cameras;
-The number of officer-worn body cameras utilized by the law enforcement agency;
-Any technical issues with the equipment and how those issues were remedied;
-A brief description of the review process used by supervisors within the law enforcement'agency;and
-For each recording used in prosecutions of conservation,criminal,or traffic offenses or municipal ordinance
violations:
- The time,date,and location of the incident;and
-The offenses charged and the date charges were filed.
-For each recording used in a civil proceeding or internal affairs investigation,including:
-The number of pending civil proceedings and internal investigations;
-In resolved civil proceedings and pending investigations:
-The nature of the complaint or allegations;
-The disposition,if known;and
-The date,time,and location of the incident.
C-Additional Information: From time to time,the Board may request any other information relevant to the
program's administration.
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Agreement No.20240156
EXHIBIT E
SPECIFIC CONDITIONS
Grantor may remove(or reduce)a Specific Condition included in this Exhibit by providing written notice to the
Grantee,in accordance with established procedures for removing a Specific Condition.
N/A
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Agreement No.20240156
PART TWO—GRANTOR-SPECIFIC TERMS
In addition to the uniform requirements in PART ONE.Grantor has the following additional requirements for its
Grantee:
27.1 Paragraph 4.4 is not applicable to this grant opportunity.
27.2 Paragraph 4.8 is not applicable to this grant opportunity.
27.3 Paragraph 10.1 is not applicable to this grant opportunity.
27.4 Paragraph 10.2 is not applicable to this grant opportunity.
27.5 Paragraph 10.3 is not applicable to this grant opportunity.
27.6 Paragraph 11.1 is not applicable to this grant opportunity.
27.7 Paragraph 11.2 is not applicable to this grant opportunity.
27.8 Paragraph 11.3 is not applicable to this grant opportunity.
27.9 Paragraph 11.2 is not applicable to this grant opportunity.
27.10 Paragraph 12.2 is not applicable to this grant opportunity.
27.11 In accordance with paragraph 22.10 the following exceptions have been approved for this grant
opportunity:PFR PPR and Work Plan ,
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PART THREE—PROJECT-SPECIFIC TERMS
In addition to the uniform requirements in PART ONE and Grantor-Specific Terms in PART TWO.Grantor has the
foliowing additional requirements for this Project:
27.12 The requirements of paragraphs 5.1 and 10.1 shall be met in accordance with 50 ILCS 707/15 and 50 ILCS
707/20,and 20 III.Adm.Code 1705.160
27.13 The requirements of paragraph 9.1 shall be met in accordance with 20 III.Adm.Code 1705.170 III
27.14 The requirements of paragraph 18.2 shall be met in accordance with 20 III.Adm.Code 1705.170 I
27.15 Pre-Award Costs are eligible for reimbursement for the period of January 1,2021,through November 15, �I
2023. I
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