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HomeMy WebLinkAbout18-109 Unsigned Resolution No. 18-1091)hsi%w9A RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUSTAINED TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT (Agreement No. OP-19-0140, 04-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that the City of Elgin,Illinois hereby accepts the Illinois Department of Transportation Sustained Traffic Enforcement Program(STEP)grant in the amount of$116,208 for occupant protection and impaired driving enforcement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a grant agreement with the State of Illinois and the Illinois Department of Transportation regarding the Sustained Traffic Enforcement Program(STEP),a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2018 Adopted: September 26, 2018 Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Agreement No. OP-19-0140,04-02 INTER-GOVERNMENTAL AGREEMENT FY' BETWEEN THE STATE OF ILLINOIS, ILLINOIS DEPARTMENT OF TRANSPORTATION AND CITY OF ELGIN The Illinois Department of Transportation (Grantor),with its principal office at 2300 South Dirksen Parkway, Springfield, Illinois 62764, and City of Elgin (Grantee),with its principal office at 150 Dexter Ct., Elgin, IL 60120, and payment address(if different than principal office)at N/A hereby enter into this Inter-Governmental Grant Agreement(Agreement), pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. Grantor and Grantee are collectively referred to herein as"Parties"or individually as a"Party." PART ONE—THE UNIFORM TERMS RECITALS WHEREAS, it is the intent of the Parties to perform consistent with all Exhibits and attachments hereto and pursuant to the duties and responsibilities imposed by Grantor under the laws of the State of Illinois and in accordance with the terms, conditions and provisions hereof. NOW,THEREFORE, in consideration of the foregoing and the mutual agreements contained herein,and for other good and valuable consideration, the value, receipt and sufficiency of which are acknowledged, the Parties hereto agree as follows: ARTICLE I AWARD AND GRANTEE SPECIFIC INFORMATION AND CERTIFICATION 1.1 DUNS Number:SAM Registration:Nature of Entity. Under penalties of perjury, Grantee certifies that 010224772 is Grantee's correct DUNS number,that 366005862 is Grantee's correct FEIN or Social Security Number, and that Grantee has an active State registration and SAM registration. Grantee is doing business as a(check one): ❑ Individual ❑ Pharmacy-Non Corporate ❑ Sole Proprietorship ❑ Pharmacy/Funeral Home/Cemetery Corp. ❑ Partnership ❑ Tax Exempt ❑ Corporation (includes Not For Profit) ❑ Limited Liability Company(select ❑ Medical Corporation applicable tax classification) ® Governmental Unit ❑ P=partnership ❑ Estate or Trust ❑ C=corporation ❑ Pharmacy-Non Corporate 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. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 1 of 41 Agreement No. OP-19-0140,04-02 1.2 Amount of Agreement. Grant Funds(check one) ❑ shall not exceed or ® are estimated to be$ 116.208.00, of which$ 116.208.00, are federal funds. Grantee agrees to accept Grantor's payment as specified in the Exhibits and attachments incorporated herein as part of this agreement. 1.3 Identification Numbers. If applicable, the Federal Award Identification Number(FAIN)is 69A375183000040201L0, the Federal awarding agency is National Highway Traffic Safety Administration, and the Federal Award date is 11/22/2017. If applicable, the Catalog of Federal Domestic Assistance (CFDA)Name is State and Community Highway Safety/National Priority Safety Programs and Number is 20.600.The Catalog of State Financial Assistance(CSFA) Number is 494-10-0343. 1.4 Term.This Agreement shall be effective on 10/1/2018 and shall expire on 9/30/2019 unless terminated pursuant to this Agreement. 1.5 Certification. 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 shall be used only for the purpose(s)described herein. Grantee acknowledges that the Award is made solely upon this certification and that any false statements, misrepresentations,or material omissions shall be the basis for immediate termination of this Agreement and repayment of all Grant Funds. THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 2 of 41 Agreement No. OP-19-0140, 04-02 1.6 Signatures. In witness whereof, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. ® Check if under$250,000. If under$250,000 the Secretary's signature may be delegated. Illinois Department of Transportation City oLPgkr— '.7 By: By: Signature of Name&Title Signature of Authorized Repre Live By: Date: September 26,2018 Signature of Designee Printed Name:Richard G Kozal Date: Printed Title: City Manager Printed Name: Randall S. Blankenhorn Email: kozal_r@cityofelgin.org Printed Title: Secretary of Transportation Designee By: By: Signature of First Other Approver's Name&Title Signature of Authorized&esentative By: Date: September 26,2018 Signature of Designee Printed Name: Kimberly A. Dewis Date: Printed Title: City Clerk Printed Name: Matt Magalis Email: dewis_k@cityofelgin.org Printed Title: Chief Financial Officer Designee By: Signature of Second Other Approvers Name&Title By: Signature of Designee Date: Printed Name: Paul Loete Printed Title: Dir. of Project Implementation Designee By: Signature of Third Other Approver's Name&Title By: Signature of Designee Date: Printed Name: Philip Kaufmann Printed Title: Chief Counsel Designee By: Signature of Fourth Other Approver's Name&Title By: Signature of Designee Date: Printed Name: Printed Title: Designee State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 3 of 41 Agreement No. OP-19-0140,04-02 ARTICLE II REQUIRED REPRESENTATIONS 2.1 Standing and Authority. Grantee warrants that: (a) Grantee is validly existing and in good standing, if applicable, under the laws of the State in which it was incorporated,organized,or created. (b) Grantee has the requisite power and authority to execute and deliver this Agreement and all documents to be executed by it in connection with this Agreement,to perform its obligations hereunder and to consummate the transactions contemplated hereby. (c) If Grantee is an agency under the laws of jurisdiction other than Illinois, Grantee warrants that it is also duly qualified to do business in Illinois and is in good standing with the Illinois Secretary of State. (d) The execution and delivery of this Agreement, and the other documents to be executed by Grantee in connection with this Agreement, and the performance by Grantee of its obligations hereunder have been duly authorized by all necessary entity action. (e) This Agreement and all other documents related to this Agreement, including the Uniform Grant Application, the Exhibits and attachments to which Grantee is a party constitute the legal, valid and binding obligations of Grantee enforceable against Grantee in accordance with their respective terms. 2.2 Compliance with Internal Revenue Code. Grantee certifies that it does and will comply with all provisions of the Federal Internal Revenue Code(26 USC 1),the Illinois Revenue Act(35 ILCS 5), and all rules promulgated thereunder, including withholding provisions and timely deposits of employee taxes and unemployment insurance taxes. 2.3 Compliance with Federal Funding Accountability and Transparency Act of 2006. Grantee certifies that it does and will comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006(P.L. 109-282)(FFATA)with respect to Federal Awards greater than or equal to$25,000. A FFATA sub-award report must be filed by the end of the month following the month in which the award was made. 2.4 Compliance with Uniform Grant Rules(2 CFR Part 200). Grantee certifies that it shall adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements,which are published in Title 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference. See 44 III.Admin. Code 7000.30(b)(1)(A). 2.5 Compliance with Registration Requirements. Grantee and its sub-grantees shall: (i)be registered with the Federal SAM; (ii)be in good standing with the Illinois Secretary of State, if applicable; and (iii)have a valid DUNS number. It is Grantee's responsibility to remain current with these registrations and requirements. If Grantee's status with regard to any of these requirements change, or the certifications made in and information provided in the Uniform Grant Application changes, Grantee must notify the Grantor in accordance with ARTICLE XVIII. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 4 of 41 Agreement No. OP-19-0140,04-02 ARTICLE III DEFINITIONS 3.1 Definitions. Capitalized words and phrases used in this Agreement have the following meanings: "2 CFR Part 200" means the Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards published in Title 2, Part 200 of the Code of Federal Regulations. "Agreement"or"Grant Agreement" has the same meaning as in 44 III.Admin. Code 7000.20. "Allocable Costs"means costs allocable to a particular cost objective if the goods or services involved are chargeable or assignable to such cost objective in accordance with relative benefits received or other equitable relationship. Costs allocable to a specific Program may not be shifted to other Programs in order to meet deficiencies caused by overruns or other fund considerations,to avoid restrictions imposed by law or by the terms of this Agreement, or for other reasons of convenience. "Allowable Costs" has the same meaning as in 44 III.Admin. Code 7000.20. "Award has the same meaning as in 44 III.Admin. Code 7000.20. "Budget" has the same meaning as in 44 III.Admin.Code 7000.20. "CFDA"or"Catalog of Federal Domestic Assistance" has the same meaning as in 44 III.Admin. Code 7000.20. "Close-out Report" means a report from the Grantee allowing the Grantor to determine whether all 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 7000.20. "Consolidated Financial Report" means a financial information presentation in which the assets, equity, liabilities, and operating accounts of an entity and its subsidiaries are combined(after eliminating all inter- entity transactions)and shown as belonging to a single reporting entity. "Cost Allocation Plan" has the same meaning as in 44 III.Admin. Code 7000.20. "CSFA"or"Catalog of State Financial Assistance" has the same meaning as in 44 III.Admin. Code 7000.20. "Direct Costs" has the same meaning as in 44 III.Admin. Code 7000.20. "Disallowed Costs" has the same meaning as in 44 III.Admin. Code 7000.20. "DUNS Number"means a unique nine digit identification number provided by Dun& Bradstreet for each physical location of Grantee's organization. Assignment of a DUNS Number is mandatory for all organizations seeking an Award from the State of Illinois. "FAIN" means the Federal Award Identification Number. "FFATA"or"Federal Funding Accountability and Transparency Act" has the same meaning as in 31 USC 6101; P.L. 110-252. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 5 of 41 Agreement No. OP-19-0140,04-02 "Fixed-Rate" has the same meaning as in 44 III.Admin. Code 7000.20. "Fixed-Rate" is in contrast to fee-for-service,44 III. Admin. Code 7000.20. "GAAP"or"Generally Accepted Accounting Principles"has the same meaning as in 44 III.Admin. Code 7000.20. "Grant Funds" has the same meaning as in 30 ILCS 705. "Indirect Costs" has the same meaning as in 44 III. Admin. Code 7000.20. "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 7000.20. "Net Revenue"means an entity's total revenue less its operating expenses, interest paid, depreciation, and taxes. "Net Revenue" is synonymous with"Profit." "Nonprofit Organization" has the same meaning as in 44 III.Admin. Code 7000.20. "Notice of Award" has the same meaning as in 44 III.Admin. Code 7000.20. "OMB" has the same meaning as in 44 III. Admin. Code 7000.20. "Prior Approval" has the same meaning as in 44 III. Admin. Code 7000.20. "Profit" means an entity's total revenue less its operating expenses, interest paid, depreciation, and taxes. "Profit" is synonymous with "Net Revenue." "Program" means the services to be provided pursuant to this Agreement. "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. "Program Income" has the same meaning as in 44 III.Admin. Code 7000.20. "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); which is the Federal repository into which an entity must provide information required for the conduct of business as a recipient. 2 CFR 25 Appendix A(1)(C)(1). "State" means the State of Illinois. "Term" has the meaning set forth in Paragraph 1.4. "Unallowable Costs" has the same meaning as in 44 III.Admin. Code 7000.20. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 1517 Page 6 of 41 Agreement No. OP-19-0140,04-02 ARTICLE IV PAYMENT 4.1 Availability of Appropriation: Sufficiency 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 the 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 shall 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 Section will be effective upon the date of the written notice unless otherwise indicated. 4.2 Illinois Grant Funds Recovery Act. Any Grant Funds remaining that are not expended or legally obligated by Grantee at the end of the Agreement period, or in the case of capital improvement Awards at the end of the time period Grant Funds are available for expenditure or obligation, shall be returned to Grantor within forty-five(45)days in accordance with the Grant Funds Recovery Act(30 ILCS 705/1 et seq.). In the event of a conflict between the Grant Funds Recovery Act and the Grant Accountability and Transparency Act,the provisions of the Grant Accountability and Transparency Act shall control. 30 ILCS 708/80. 4.3 Cash Management Improvement Act of 1990. Unless notified otherwise in PART TWO or PART THREE, Federal funds received under this Agreement shall be managed in accordance with the Cash Management Improvement Act of 1990(31 USC 6501 et seq.)and any other applicable Federal laws or regulations. 4.4 Payments to Third Parties. Grantee agrees that Grantor shall 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. 4.5 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 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 the 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. Grantee shall be paid for work satisfactorily performed prior to the date of the notice regarding adjustment. 2 CFR 200.308. 4.6 Interest. (a) All interest earned on Grant Funds held by a Grantee shall become part of the Grant Funds when earned and be treated accordingly for all purposes, unless otherwise provided in PART TWO or PART THREE. 30 ILCS 705/10. (b) Grant Funds shall be placed in an insured account,whenever possible,that bears interest, unless exempted under 2 CFR Part 200.305(b)(8)or prohibited from doing so by state law. All interest earned shall be considered Grant Funds and are subject to the same restrictions, unless there is an applicable Federal program rule that takes precedence. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 1517 Page 7 of 41 Agreement No. OP-19-0140, 04-02 (c) A Grantee who is required to reimburse Grant Funds pursuant to an action brought under the Grant Funds Recovery Act, and who enters into a deferred payment plan for the purpose of satisfying a past due debt, shall be required to pay interest on such debt as required by Section 10.2 of the Illinois State Collection Act of 1986, 30 ILCS 210; See also 30 ILCS 705/10. 4.7 Timely Billing Required. Grantee must submit any payment request to Grantor within thirty (30)days of the end of the quarter, unless another billing schedule is specified in PART TWO or PART THREE. Failure to submit such payment request timely will render the amounts billed an unallowable cost 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. 4.8 Certification. Pursuant to 2 CFR 200.415,each invoice and report submitted by Grantee must contain the following certification by an official authorized to legally bind the Grantee: By signing this report[or payment request], I certify to the best of my knowledge and belief that the report[or payment request]is true, complete, and accurate,and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal or State award. 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). ARTICLE V SCOPE OF GRANT ACTIVITIEWPURPOSE OF GRANT 5.1 Scope of Grant Activities/Purpose of Grant. Grantee will conduct the Grant Activities or provide the services as described in the Exhibits and attachments, including Exhibit A(Project Description) and Exhibit B(Deliverables), incorporated herein and in accordance with all terms and conditions set forth herein and all applicable administrative rules. In addition, the State's Notice of Award is incorporated herein as an attachment. All Grantor-specific provisions and programmatic reporting required under this Agreement are described in PART TWO(The Grantor-Specific Terms). All Project-specific provisions and reporting required under this Agreement are described in PART THREE. 5.2 Scope Revisions. Grantee shall obtain Prior Approval from Grantor whenever a Scope revision is necessary for one or more of the reasons enumerated in 2 CFR 200.308. All requests for Scope revisions that require Grantor approval shall 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. See 2 CFR 200.308. 5.3 Specific Conditions. If applicable, specific conditions required after a risk assessment will be included in Exhibit G. Grantee shall adhere to the specific conditions listed therein. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/315 17 Page 8 of 41 Agreement NO. OP-19-0140, 04-02 ARTICLE VI BUDGET 6.1. Budget. The Budget is a schedule of anticipated grant expenditures that is approved by Grantor for carrying out the purposes of the Award. When Grantee or third parties support a portion of expenses associated with the Award, the Budget includes the non-Federal as well as the Federal share (and State share if applicable)of grant expenses. The Budget submitted by Grantee at application, or a revised Budget subsequently submitted and approved by Grantor, is considered final and is incorporated herein as an attachment. 6.2. Budget Revisions. Grantee shall obtain Prior Approval from Grantor whenever a Budget revision is necessary for one or more of the reasons enumerated in 2 CFR 200.308. All requests for Budget revisions that require Grantor approval shall 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. 6.3. Discretionary Line Item Transfers. Unless prohibited from doing so in 2 CFR 200.308, transfers between approved line items may be made without Grantor's approval only if the total amount transferred does not exceed the allowable variance of the greater of either(i)ten percent(10%)of the Budget line item or(ii)one thousand dollars($1,000)of the Budget line item. Discretionary line item transfers may not result in an increase to the Budget. 6.4. Non-discretionary Line Item Transfers. Total line item transfers exceeding the allowable variance of the greater of either(i)ten percent(10%)of the Budget line item or(ii)one thousand dollars ($1,000)of the Budget line item require Grantor approval as set forth in Paragraph 6.2. 6.5. 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. ARTICLE VII ALLOWABLE COSTS 7.1. Allowability of Costs; Cost Allocation Methods. The allowability of costs and cost allocation methods for work performed under this Agreement shall be determined in accordance with 2 CFR 200 Subpart E and Appendices III, IV, and V. 7.2. Indirect Cost Rate Submission. (a) This Paragraph 7.2 applies only to: (i) A Grantee who charges, or expects to charge, any Indirect Costs; and (ii) A Grantee who is allowed to charge Indirect Costs under federal or state statutes, state administrative rules,and agency or program rules, regulations and policies. (b) A Grantee must submit an Indirect Cost Rate Proposal in accordance with federal regulations for approval no later than three months after the effective date of the Award, in a format prescribed by Grantor. (i) Appendix VII to 2 CFR Part 200 governs Indirect Cost Rate Proposals for State and local governments. (ii) Appendix III to 2 CFR Part 200 governs Indirect Cost Rate Proposals for institutions of higher education. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 9 of 41 Agreement No. OP-19-0140,04-02 (c) A Grantee who has a current, applicable rate negotiated by a cognizant Federal agency shall provide to Grantor a copy of its Indirect Cost Rate acceptance letter from the Federal government. Grantor will accept that Indirect Cost Rate, up to any statutory, rule-based or programmatic limit. However, for Grantees to which Appendix III of 2 CFR Part 200 applies, the rate amount must not exceed 26%(see 2 CFR Part 200, Appendix III(C)(8)). 7.3 Transfer of Costs. Cost transfers between Grants, whether as a means to compensate for cost overruns or for other reasons, are unallowable. See 2 CFR 200.451. 7.4. Higher Education Cost Principles. The Federal cost principles that apply to public and private institutions of higher education are set forth in 2 CFR Part 200 Subpart E and Appendix III. 7.5. Government Cost Principles. The Federal cost principles that apply to State, local and Federally-recognized Indian tribal governments are set forth in 2 CFR Part 200 Subpart E, Appendix V,and Appendix VII. 7.6. Financial Management 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. See 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 should 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 entity's organization (Paragraphs 7.4 through 7.5). (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 G of the requirement to submit Personnel activity reports. See 2 CFR 200.430(i)(8). Personnel activity reports shall 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 grant, 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 should 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 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. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/315 17 Page 10 of 41 Agreement No. OP-19-0140,04-02 (iv) If third party in-kind(non-cash)contributions are used for Grant purposes, the valuation of these contributions must be supported with adequate documentation. (c) Internal Control. Effective control and accountability must be maintained 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. (d) Budget Control. Records of expenditures must be maintained 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 shall 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. 7.7 Federal Requirements. All Awards, whether funded in whole or in part with either Federal or State funds, are subject to Federal requirements and regulations, including but not limited to 2 CFR Part 200, 44 III. Admin. Code 7000.30(b)and the Financial Management Standards in Paragraph 7.6. 7.8 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). 7.9 Management of Program Income. Grantee is encouraged to earn income to defray program costs where appropriate, subject to 2 CFR 200.307. ARTICLE VIII REQUIRED CERTIFICATIONS 8.1 Certifications. Grantee shall be responsible for compliance with the enumerated certifications 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(30 ILCS 500/50-5). (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 1961 (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, and Grantee acknowledges Grantor may declare the Agreement void if the certification is false(30 ILCS 500/50-11). (d) Educational Loan. Grantee certifies that it is not barred from receiving State agreements as a result of default on an educational loan(5 ILCS 385/1 et seq.). State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 11 of 41 Agreement No. OP-19-0140, 04-02 (e) International Boycott. Grantee certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provision of the U.S. Export Administration Act of 1979(50 USC Appendix 2401 et seq. or the regulations of the U.S. Department of Commerce promulgated under that Act(15 CFR Parts 730 through 774). (f) Dues and 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 them for payment of their dues or fees to any club which unlawfully discriminates(775 ILCS 25/1 et seq.). (g) 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),which services are supported by Federal or State government assistance (except such portions of the facilities which are used for inpatient substance abuse treatment)(20 USC 7181-7184). (h) Drug-Free Work Place. 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 shall 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 it is in compliance with the government-wide requirements for a drug-free workplace as set forth in 41 USC 8102. (i) 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 et seq.). (j) Clean Air Act and Clean Water Act. Grantee certifies that it is in compliance with all applicable standards, order or regulations issued pursuant to the Clean Air Act(42 USC§7401 et seq.)and the Federal Water Pollution Control Act, as amended(33 USC§1251 et seq.). (k) Debarment. Grantee certifies that it is not debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal department or agency(45 CFR Part 76), or by the State(See 30 ILCS 708/25(6)(G)). (1) 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. (m) Grant for the Construction of Fixed Works. Grantee certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of that Act exempt its application. In the construction of the Program, Grantee shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers, workers,and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 12 of 41 Agreement No. OP-19-0140, 04-02 (n) 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 shall maintain,for a minimum of six(6)years,all protected health information. (o) Criminal Convictions. Grantee certifies that neither it nor any managerial agent 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. Grantee further certifies that it is not barred from receiving an Award under 30 ILCS 500/50-10.5, and acknowledges that Grantor shall declare the Agreement void if this certification is false(30 ILCS 500/50-10.5). (p) Forced Labor Act. Grantee certifies that it complies with the State Prohibition of Goods from Forced Labor Act,and certifies that no foreign-made equipment, materials,or supplies furnished to the State under this Agreement have been or will be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction(30 ILCS 583). (q) Illinois Use Tax. Grantee certifies in accordance with 30 ILCS 500/50-12 that it is not barred from receiving an Award under this Paragraph. Grantee acknowledges that this Agreement may be declared void if this certification is false. (r) Environmental Protection Act Violations. Grantee certifies in accordance with 30 ILCS 500/50-14 that it is not barred from receiving an Award under this Paragraph. Grantee acknowledges that this Agreement may be declared void if this certification is false. (s) Goods from Child Labor Act. Grantee certifies that no foreign-made equipment, materials, or supplies furnished to the State under this Agreement have been produced in whole or in part by the labor of any child under the age of twelve (12)(30 ILCS 584). (t) Federal Funding Accountability and Transparency Act of 2006. Grantee certifies that it is in compliance with the terms and requirements of 31 USC 6101. ARTICLE IX CRIMINAL DISCLOSURE 9.1. Mandatory Criminal Disclosures. Grantee shall continue to disclose to Grantor all violations of criminal law involving fraud, bribery or gratuity violations potentially affecting this Award. See 30 ILCS 708/40. Additionally,if Grantee receives over$10 million in total Grant Funds,funded by either State or Federal funds, 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 II of 2 CFR Part 200, and 30 ILCS 708/40. ARTICLE X UNLAWFUL DISCRIMINATION 10.1. Compliance with Nondiscrimination Laws. Both Parties, their employees and subcontractors under subcontract made pursuant to this Agreement, remain compliant 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,the following laws and regulations and all subsequent amendments thereto: State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 13 of 41 Agreement No. OP-19-0140,04-02 (a) The Illinois Human Rights Act(775 ILCS 5/1-101 et seq.), including, without limitation, 44 III.Admin. Code Part 750, which is incorporated herein; (b) The Public Works Employment Discrimination Act(775 ILCS 10/1 et seq.); (c) The United States Civil Rights Act of 1964(as amended)(42 USC 2000a-and 2000h-6). (See also guidelines to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons [Federal Register: February 18,2002 (Volume 67, Number 13, Pages 2671-2685)]); (d) Section 504 of the Rehabilitation Act of 1973(29 USC 794); (e) The Americans with Disabilities Act of 1990(42 USC 12101 et seq.); and (f) The Age Discrimination Act(42 USC 6101 et seq.). ARTICLE XI LOBBYING 11.1 Improper Influence. Grantee certifies that no Grant Funds have been paid or will be paid by or on behalf of Grantee to any person for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly 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. 31 USC 1352. Additionally, Grantee certifies that it has filed the required certification under the Byrd Anti-Lobbying Amendment(31 USC 1352), if applicable. 11.2 Federal Form LLL. If any 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. 11.3 Lobbying Costs. Grantee certifies that it is in compliance with the restrictions on lobbying set forth in 2 CFR Part 200.450. For any Indirect Costs associated with this Agreement, total lobbying costs shall be separately identified in the Program Budget, and thereafter treated as other Unallowable Costs. 11.4 Procurement Lobbying. Grantee warrants and certifies that it and, to the best of its knowledge, its sub-grantees have complied and will comply with 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 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. 11.5 Subawards. Grantee must include the language of this ARTICLE XI in the award documents for any subawards made pursuant to this Award at all tiers. All sub-awardees are also subject to certification and disclosure. Pursuant to Appendix II(I)to 2 CFR Part 200,Grantee shall forward all disclosures by contractors regarding this certification to Grantor. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 14 of 41 Agreement No. OP-19-0140,04-02 11.6 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 shall be subject to a civil penalty of not less than$10,000, and not more than$100,000, for each such failure. ARTICLE XII MAINTENANCE AND ACCESSIBILITY OF RECORDS; MONITORING 12.1 Records Retention. Grantee shall 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 200.333, unless a different retention period is specified in 2 CFR 200.333. 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. 12.2 Accessibility of Records. Grantee, in compliance with 2 CFR 200.336, shall 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, the Grantor's Inspector General, Federal authorities, any person identified in 2 CFR 200.336, and any other person as may be authorized by Grantor(including auditors), by the State of Illinois or by Federal statute. Grantee shall cooperate fully in any such audit or inquiry. 12.3 Failure to Maintain Books and Records. Failure to maintain books, records and supporting documentation, as described in this ARTICLE XII, shall establish a presumption,in favor of the State for the recovery of any funds paid by the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. 12.4 Monitoring 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 shall monitor the activities of Grantee to assure compliance with all requirements and performance expectations of the award. Grantee shall timely submit all financial and performance reports, and shall supply, upon Grantor's request, documents and information relevant to the Award. Grantor may make site visits as warranted by program needs. See 2 CFR 200.328 and 200.331. Additional monitoring requirements may be in PART TWO or PART THREE. ARTICLE XIII FINANCIAL REPORTING REQUIREMENTS 13.1 Required Periodic Financial Reports. Grantee agrees to submit financial reports as requested and in the format required by Grantor. Grantee shall file quarterly reports with Grantor describing the expenditure(s)of the funds related thereto, unless more frequent reporting is required by the Grantee pursuant to specific award conditions. 2 CFR 200.207. The first of such reports shall cover the first three months after the Award begins. Quarterly reports must be submitted no later than 30 calendar days following the three month period covered by the report. Additional information regarding required financial reports may be set forth in Exhibit G. Failure to submit the required financial reports may cause a delay or suspension of funding. 30 ILCS 705/1 et seq.; 2 CFR 207(b)(3)and 200.327. 13.2 Close-out Reports. (a) Grantee shall submit a Close-out Report within 60 calendar days following the end of the period of performance for this Agreement. In the event that this Agreement is terminated prior to the end of the Term, Grantee shall submit a Close-out Report within 60 calendar days of such termination. The format of this Close-out Report shall follow a format prescribed by Grantor. 2 CFR 200.343. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 15 of 41 (b) If an audit or review of Grantee occurs and results in adjustments after Grantee submits a Close-out Report, Grantee will submit a new Close-out Report based on audit adjustments, and immediately submit a refund to Grantor, if applicable. 2 CFR 200.344. 13.3 Annual Financial Reports. (a) This Paragraph 13.3 applies to all Grantees, unless exempted by PART TWO or PART THREE. (b) Grantees shall submit Annual Financial Reports within 180 days after the Grantee's fiscal year ending on or after June 30. This deadline may be extended at the discretion of the Grantor. (c) The Annual Financial Report must cover the same period the Audited Financial Statements cover. If no Audited Financial Statements are required, however, then the Annual Financial Report must cover the same period as the Grantee's tax return. (d) Annual Financial Reports must include an in relation to opinion from the report issuer on the Cost and Revenue schedules included in the Annual Financial Report. (e) Annual Financial Reports shall follow a format prescribed by Grantor. (f) Notwithstanding anything herein to the contrary,when such reports or statements required under this section are prepared by the Illinois Auditor General, if they are not available by the above-specified due date, they will be provided to Grantor within thirty(30)days of becoming available. 13.4 Effect of Failure to Comply. Failure to comply with reporting requirements shall result in the withholding of funds,the return of improper payments or Unallowable Costs,will be considered a material breach of this Agreement and may be the basis to recover Grant Funds. Grantee's fail ure to comply with this ARTICLE XIII,ARTICLE XIV, or ARTICLE XV shall 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. ARTICLE XIV PERFORMANCE REPORTING REQUIREMENTS 14.1 Required Periodic Performance Reports. Grantee agrees to submit Performance Reports as requested and in the format required by Grantor. Performance Measures listed in Exhibit E must be reported quarterly, unless otherwise specified in PART TWO or PART THREE. Unless so specified,the first of such reports shall cover the first three months after the Award begins. If Grantee is not required to report performance quarterly, then Grantee must submit a Performance Report at least annually. In unusual circumstances where more frequent reporting is necessary some Grantees may be required to submit monthly Performance Reports; in such cases, Grantor shall notify Grantee of same in PART TWO or PART THREE. Pursuant to 2 CFR 200.328, periodic Performance Reports shall be submitted no later than 30 calendar days following the period covered by the report. For certain construction-related Awards,such reports may be exempted as identified in PART TWO or PART THREE. 2 CFR 200.328. Failure to submit such required Performance Reports may cause a delay or suspension of funding. 30 ILCS 705/1 et seq. 14.2 Close-out Performance Reports. Grantee agrees to submit a Close-out Performance Report, in the format required by Grantor, within 60 calendar days following the end of the period of performance. See 2 CFR 200.343. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 16 of 41 14.3 Content of Performance Reports. Pursuant to 2 CFR 200.328(b)(2)all Performance Reports must include Program qualitative and quantitative information, including 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 if required; performance trend data and analysis if required;and reasons why established goals were not met, if appropriate. Appendices may be used to include additional supportive documentation. Additional content and format guidelines for the Performance Reports will be determined by Grantor contingent on the Award's statutory, regulatory and administrative requirements, and are included in PART TWO or PART THREE of this Agreement. 14.4 Performance Standards. Grantee shall perform in accordance with the Performance Standards set forth in Exhibit F. See 2 CFR 200.301 and 200.210. ARTICLE XV AUDIT REQUIREMENTS 15.1 Audits. Grantee shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996(31 USC 7501-7507)and Subpart F of 2 CFR Part 200,and the audit rules set forth by the Governor's Office of Management and Budget. See 30 ILCS 708/65(c). 15.2 Audit Requirements. W Single and Program-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 and reporting package(including data collection form and management letters)must be completed as described in 2 CFR 200.512(single audit)or 2 CFR 200.507(program-specific audit). The audit (and package)must be submitted to Grantor within the earlier of(i)30 calendar days after receipt of the auditor's report(s) or(ii) nine(9)months after the end of the audit period. u Financial Statement Audit. If, during its fiscal year, Grantee expends less than $750,000 in Federal Awards, Grantee is subject to the following audit requirements: (i) If, during its fiscal year, Grantee expends more than $300,000 in Federal and State Awards, singularly or in any combination, Grantee must have a financial statement audit conducted in accordance with the Generally Accepted Government Auditing Standards(GAGAS). (ii) If, during its fiscal year, Grantee expends less than $300,000 in Federal and State Awards, but the total revenue it receives is in excess of$300,000, Grantee must have a financial statement audit conducted in accordance with the Generally Accepted Auditing Standards(GAAS). (iii) Grantee must submit its financial statement audit report(s)and any management letters issued by the auditor within the earlier of(i)30 calendar days after receipt of the auditor's report(s)or(ii) 180 days after the end of the audit period. 15.3 Performance of Audits. For those organizations required to submit an independent audit report, the audit is to be conducted by the Illinois Auditor General, or a Certified Public Accountant or Certified Public Accounting Firm licensed in the State of Illinois. For audits required to be performed subject to Generally Accepted Government Auditing Standards, Grantee shall request and maintain on file a copy of the auditor's most recent peer review report and acceptance letter. 15.4 Report Timing. Notwithstanding anything herein to the contrary,when such reports or statements required under this section are prepared by the Illinois Auditor General, if they are not available by the above-specified due date, they will be provided to Grantor within thirty(30)days of becoming available. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 201813 15 17 Page 17 of 41 Agreement No. OP-19-01409 04-02 ARTICLE XVI TERMINATION; SUSPENSION; NON-COMPLIANCE 16.1 Termination. (a) This Agreement may be terminated, in whole or in part, by either Party for any or no reason upon thirty(30)calendar days' prior written notice to the other Party. 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 200.339(a)(4). (b) This Agreement may be terminated, in whole or in part, by Grantor without advance notice: (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 Grant; (iii) For cause,which may render the Grantee ineligible for consideration for future grants from the Grantor or other State agencies; or (iv) If Grantee breaches this Agreement and either(1)fails to cure such breach within 15 calendar days'written notice thereof, or(2) if such cure would require longer than 15 calendar days and the Grantee has failed to commence such cure within 15 calendar days'written notice thereof. In the event that Grantor terminates this Agreement as a result of the breach of the Agreement by Grantee, Grantee shall be paid for work satisfactorily performed prior to the date of termination. 16.2 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 determine to allow necessary and proper costs that Grantee could not reasonably avoid during the period of suspension. 16.3 Non-compliance. If Grantee fails to comply with 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 200.207. 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 200.338. The Parties shall follow all Grantor policies and procedures regarding non-compliance, including, but not limited to, the procedures set forth in the State of Illinois Grantee Compliance Enforcement System. 16.4 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 of Illinois Grantee Compliance Enforcement System. 2 CFR 200.341. 16.5 Effects of Suspension and Termination. (a) Grantor may credit Grantee for expenditures incurred in the performance of authorized services under this Agreement prior to the effective date of a suspension or termination. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 18 of 41 Agreement No. OP-19-0140,04-02 (b) Grantee shall not incur any costs or obligations that require the use of these Grant Funds after the effective date of a suspension or termination, and shall 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: (i) Grantor expressly authorizes them in the notice of suspension or termination; and (ii) 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. 2 CFR 200.342. 16.6 Close-out of Terminated Agreements. If this Agreement is terminated, in whole or in part,the Parties shall comply with all close-out and post-termination requirements of this Agreement. 2 CFR 200.339(c). ARTICLE XVII SUBCONTRACTS/SUB-GRANTS 17.1 Sub-recipients/Delegation. Grantee may not subcontract nor sub-grant 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 sub-grantee has been identified in the Uniform Grant Application, such as,without limitation,a Project Description, and Grantor has approved. 17.2 Application of Terms. Grantee shall advise any sub-grantee of funds awarded through this Agreement of the requirements imposed on them by Federal and State laws and regulations, and the provisions of this Agreement. ARTICLE XVIII NOTICE OF CHANGE 18.1 Notice of Change. Grantee shall notify the Grantor if there is a change in Grantee's legal status, Federal employer identification number(FEIN), DUNS number, SAM registration status, Related Parties, or address. See 30 ILCS 708/60(a). If the change is anticipated, Grantee shall give thirty(30)days' prior written notice to Grantor. If the change is unanticipated, Grantee shall 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). 18.2 Failure to Provide Notification. Grantee shall hold harmless Grantor for any acts or omissions of Grantor resulting from Grantee's failure to notify Grantor of these changes. 18.3 Notice of Impact. Grantee shall immediately notify Grantor of any event that may have a material impact on Grantee's ability to perform this Agreement. 18.4 Circumstances Affecting Performance: Notice. In the event Grantee becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on Grantee's ability to perform under this Agreement, Grantee shall notify Grantor, in writing,within five(5) calendar days of determining such litigation or transaction may reasonably be considered to have a material impact on the Grantee's ability to perform under this Agreement. 18.5 Effect of Failure to Provide Notice. Failure to provide the notice described in Paragraph 18AError! Reference source not found. shall be grounds for immediate termination of this Agreement and ny costs incurred after notice should have been given shall be disallowed. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 19 of 41 ARTICLE XIX STRUCTURAL REORGANIZATION 19.1 Effect of Reorganization. Grantee acknowledges that this Agreement is made by and between Grantor and Grantee, as Grantee is currently organized and constituted. No promise or undertaking made hereunder is an assurance that Grantor agrees 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 agrees that it will give Grantor prior notice of any such action or changes significantly affecting its overall structure and will provide any and 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.This 0 does not require Grantee to report on minor changes in the makeup of its governance structure. Nevertheless, PART TWO or PART THREE may impose further restrictions. Failure to comply with this ARTICLE XIX shall constitute a material breach of this Agreement. ARTICLE XX AGREEMENTS WITH OTHER STATE AGENCIES 20.1 Copies upon Request. Grantee shall, upon request by Grantor, provide Grantor with copies of contracts or other agreements to which Grantee is a party with any other State agency. ARTICLE XXI CONFLICT OF INTEREST 21.1 Required Disclosures. Grantee must immediately disclose in writing any potential or actual Conflict of Interest to the Grantor. 2 CFR 200.112 and 44 III. Admin. Code 7000.40(b)(3). 21.2 Prohibited Payments. Grantee agrees that payments made by Grantor under this Agreement will not be used 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 the Grantee is not an instrumentality of the State of Illinois, as described in this Paragraph, Grantee agrees that payments made by Grantor under this Agreement will not be used to compensate, directly or indirectly, any person employed by an office or agency of the State of Illinois whose annual compensation is in excess of sixty percent(60%)of the Governor's annual salary, or$106,447.20(30 ILCS 500/50-13). 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, municipalities and units of local government and related entities. 2 CFR 200.64. 21.3 Request for Exemption. Grantee may request written approval from Grantor for an exemption from Paragraph 21.2. Grantee acknowledges that Grantor is under no obligation to provide such exemption and that Grantor may, if an exemption is granted, grant such exemption subject to such additional terms and conditions as Grantor may require. ARTICLE XXII EQUIPMENT OR PROPERTY 22.1 Transfer of Equipment. Grantor shall have the right to require that Grantee transfer to Grantor any equipment, including title thereto, purchased in whole with Grantor funds, if Grantor determines that Grantee has not met the conditions of 2 CFR 200.439(a). Grantor shall notify Grantee in writing should Grantor require the transfer of such equipment. Upon such notification by Grantor, and upon receipt or delivery of such equipment by Grantor, Grantee will be deemed to have transferred the equipment to Grantor as if Grantee had executed a bill of sale therefor. 22.2 Prohibition against Disposition/Encumbrance. The Grantee is prohibited from,and may not sell, transfer, encumber(other than original financing)or otherwise dispose of said equipment, material, or real property during the Grant Term without Prior Approval of Grantor. Any real property acquired using Grant Funds must comply with the requirements of 2 CFR 200.311. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 20 of 41 Agreement No. OP-19-0140, 04-02 22.3 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 which cost was supported by Grant Funds. Any waiver from such compliance must be granted by either the President's Office of Management arid Budget,the Governor's Office of Management and Budget, or both, depending on the source of the Grant Funds used. Additionally, Grantee must comply with the standards set forth in 2 CFR 200.317-200.326 for use in establishing procedures for the procurement of supplies and other expendable property,equipment, real property and other services with Grant Funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal and State statutes and executive orders. ARTICLE XXIII PROMOTIONAL MATERIALS; PRIOR NOTIFICATION 23.1 Publications,Announcements,etc. 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 Grantor funds are used in whole or in part to produce any written publications, announcements, reports,flyers, brochures or other written materials, Grantee agrees to include in these publications, announcements, reports,flyers, brochures and all other such material,the phrase"Funding provided in whole or in part by the[Grantor]." Exceptions to this requirement must be requested, in writing,from Grantor and will be considered authorized only upon written notice thereof to Grantee. 23.2 Prior Notification/Release of Information. Grantee agrees to 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 to cooperate with Grantor in joint or coordinated releases of information. ARTICLE XXIV INSURANCE 24.1 Purchase and Maintenance of Insurance. Grantee shall 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 requirements may be detailed in PART TWO or PART THREE. 24.2 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 shall be surrendered to Grantor. ARTICLE XXV LAWSUITS 25.1 Independent Contractor. Neither Grantee nor any employee or agent of Grantee acquires any employment rights with Grantor by virtue of this Agreement. Grantee will 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 will be required to 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 shall be strictly limited to official Grantor or State of Illinois business and not for any other purpose, including any personal benefit or gain. 25.2 Liability. 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 Party's agents, employees or subcontractors in the performance of their duties as described under this agreement, unless such liability is imposed by law. This agreement shall not be construed as seeking to enlarge or diminish any obligation or duty owed by one Party against the other or against a third party. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 21 of 41 Agreement No. OP-19-0140, 04-02 ARTICLE XXVI MISCELLANEOUS 26.1 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 Executive Order 15-09. 26.2 Access to Internet. Grantee must have Internet access. Internet access may be either dial- up or high-speed. Grantee must maintain, at a minimum, one business e-mail address that will be the primary receiving point for all e-mail correspondence from Grantor. Grantee may list additional e-mail addresses at any time during the Term of this Agreement. The additional addresses may be for a specific department or division of Grantee or for specific employees of Grantee. Grantee must notify Grantor of any e-mail address changes within five(5)business days from the effective date of the change. 26.3 Exhibits and Attachments. Exhibits A through G, PART TWO, PART THREE, if applicable, and all other exhibits and attachments hereto are incorporated herein in their entirety. 26.4 Assignment Prohibited. Grantee acknowledges that this Agreement may not be sold, assigned, or transferred in any manner by Grantee, to include an assignment of Grantee's rights to receive payment hereunder, and that any actual or attempted sale, assignment, or transfer by Grantee without the Prior Approval of Grantor in writing shall render this Agreement null, void and of no further effect. 26.5 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. 26.6 Severabilitv. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 26.7 No Waiver. No failure of either Party to assert any right or remedy hereunder will act 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. 26.8 Applicable Law: Claims. This Agreement and all subsequent amendments thereto, if any, shall be 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. 26.9 Compliance with Law. This Agreement and Grantee's obligations and services hereunder are hereby made and must be performed in compliance with all applicable Federal and State laws, including,without limitation, Federal regulations, State administrative rules, including 44 III. Admin. Code 7000, and any and all license requirements or professional certification provisions. 26.10 Compliance with Confidentiality Laws. If applicable, Grantee shall comply with applicable State and Federal statutes, Federal regulations and Grantor administrative rules regarding confidential records or other information obtained by Grantee concerning persons served under this Agreement. The records and information shall be protected by Grantee from unauthorized disclosure. 26.11 Compliance with Freedom of Information Act. Upon request, Grantee shall 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)). 26.12 Precedence. In the event there is a conflict between this Agreement and any of the exhibits or attachments hereto, this Agreement shall control. In the event there is a conflict between PART ONE and PART TWO or PART THREE of this Agreement, PART ONE shall control. In the event there is a conflict between PART TWO and PART THREE of this Agreement, PART TWO shall control. In the event there is a conflict between this Agreement and relevant statute(s)or Administrative Rule(s), the relevant statute(s)or rule(s)shall control. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 22 of 41 Agreement No. OP-19-0140, 04-02 26.13 Headings. Article 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. 26.14 Entire Agreement. Grantee and Grantor acknowledge that this Agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited, incorporated or referenced herein, including prior agreements or oral discussions, shall be binding upon either Grantee or Grantor. 26.15 Counterparts. This Agreement may be executed in one or more counterparts,each 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. Duplicated signatures, signatures transmitted via facsimile, or signatures contained in a Portable Document Format(PDF)document shall be deemed original for all purposes. 26.16 Attorney 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,the Grantor has the right to recover reasonable attorneys'fees, costs and expenses associated with such proceedings. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 23 of 41 Agreement No. OP-19-0140,04-02 EXHIBIT A PROJECT DESCRIPTION CSFA Number: 494-10-0343 NOSA/SAIN Number: 343-9927 GATA Registration Number: 674095 The Sustained Traffic Enforcement Program (STEP)and Enforcement Local Alcohol Project(eLAP) grants help Illinois maximize the effect of sustained, stepped-up, year-long traffic enforcement. STEP and eLAP programs focus on specific times of the year and day when data shows alcohol-involved and unbuckled fatalities are highest. The increased enforcement details conducted during these times raises the perception of offenders getting caught and deters potential impaired drivers and potential unbuckled drivers and passengers. The STEP and eLAP grants also use strong media efforts in conjunction with increased enforcement to make a positive impact on reducing serious injuries and fatalities on Illinois roadways. The goals of these enforcement grants are to save lives and reduce injuries resulting from motor vehicle crashes caused by impaired driving, improper seat belt usage, distracted driving, and speeding. The Grantee shall utilize grant funds to meet desired STEP and eLAP grant goals by maintaining continual patrols per enforcement detail to meet safety project goals, milestones, deliverables, performance standards, and performance measures as specified in the Attachment(BSPE 411)of the FFY19 application packet for NOFO 19-0343-02. Such will be documented when submitting the BSPE 205 Local/State Mobilizations Data Collection form per directions in Exhibit B.The funding shall be used as per the agreed upon budget pending the FFY19 federal budget, dollar amounts, and dates. In addition, the National Highway Traffic Safety Administration (NHTSA)grant funding policy determines allowable costs under specific conditions. The Grantee is eligible to receive allowable costs as they appear in the approved finalized budget. However,the Grantee may request to reallocate enforcement periods in addition to the required enforcement campaigns but must be approved by the Grant Administrator. The Grantee may also request funding changes to the approved finalized budget should allocated costs need to be redistributed after the commencement of the grant agreement. STEP and eLAP grants operate during a federal fiscal year and are funded on a reimbursement basis per the requirements set forth in Exhibit C of this Agreement. STEP and eLAP grant funding line items eligible for reimbursement are personnel, equipment, and indirect costs(where approved rate has been established prior to the execution of this Agreement). State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 24 of 41 Agreement No. OP-19-0140,04-02 EXHIBIT B DELIVERABLES OR MILESTONES I. The Grantee shall submit the BSPE 205 Local/State Mobilizations Data Collection form within two(2)calendar weeks or fourteen(14)calendar days after completion of each campaign. The BSPE 205 Local/State Mobilizations Data Collection Form must be submitted after the following holiday campaigns: Halloween;Thanksgiving; Holidays; Super Bowl; St. Patrick's Day; Memorial Day; Independence Day; and Labor Day. The BSPE 205 Local/State Mobilizations Data Collection form must be submitted after campaigns related to the specific grants for any mini grant that may be awarded during the grant year as per information in Part Three of this Agreement. The information in the BSPE 205 Local/State Mobilizations Data Collection form must accurately reflect the duties performed during the campaign.All BSPE 205 Local/State Mobilizations Data Collection forms shall be submitted electronically to DOT.BSPEDATA@illinois.gov. II. The Grantee shall adhere to the following for STEP grant funding: (a) Conduct at least six(6)and up to 52 enforcement campaigns. All impaired driving patrols must have a primary emphasis on increased enforcement of impaired driving laws and secondary enforcement emphasis on speed, occupant protection and distracted driving laws. All occupant protection patrols must have a primary emphasis on increased enforcement of occupant restraint laws and secondary enforcement emphasis on impaired driving laws, speed and distracted driving laws. All speeding patrols must have a primary emphasis on increased enforcement of speeding laws and secondary enforcement emphasis on impaired driving, occupant protection and distracted driving laws. (b) Each STEP and eLAP enforcement campaign,whether holiday or additional enforcement, must: (i) Conduct pre-enforcement activities including but not limited to: news releases; TV interviews; media events; community education; and court(prosecutors and judges)personnel. (ii) Complete campaign activities. Conduct the enforcement campaign for the minimum specified overtime hours. Patrols must be spread out over the enforcement campaign period during times of high crash incidence. (iii) Send post-enforcement news releases to highlight campaign effectiveness including but not limited to: number of citations written and hours patrolled. (iv) Obtain and collect data from enforcement campaign. Report this information on the BSPE 205 Local/State Mobilizations Data Collection form. The BSPE 205 Local/State Mobilizations Data Collection form is due for collection on the date listed for the specific campaign on the enforcement campaign calendar. For additional campaigns, the report is due within two(2)weeks or fourteen(14)calendar days after the completion of each campaign and shall be submitted via email to DOT.BSPEDATA@illinois.gov. III. In order to comply with the Illinois Grant Funds Recovery Act(Senate Bill 51, 30 ILCS 705/1 et seq.), grantees with a budget greater than $25,000.00 must report their progress each quarter of the fiscal year. A template is available through your Grant Administrator. The quarterly reports shall give quantifiable information and descriptions concerning the deliverables and/or milestones as they pertain to the Grantee's program. The quarterly report shall also include information updates or reports including, but not limited to, quantifiable data, board notes, and drafted paperwork for the final detailed report. The Attachment(BSPE 411)used in the application packet for NOFO 19-0343-02 shall be used to determine what information must be included on the quarterly reports. The Grantee is required to submit the BSPE 205 Local/State Mobilizations Data Collection form. IV. The grant funding opportunities under NOFO 19-0343-02 are funded by NHTSA. Therefore, the Grantee shall have an acceptable accounting system in existence capable of identifying the federally- related costs separately from their general operating costs. The Grantee shall also adhere to all Fixing America's Surface Transportation Act(FAST Act, P.L. 114-94)rules and regulations under the criteria specific to STEP grant funding. Any questions regarding the FAST Act rules and regulations must be sent electronically to the Grantor Contact in Exhibit D. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 25 of 41 Agreement No. OP-19-0140, 04-02 EXHIBIT C PAYMENT Grantee shall receive $ 116,208.00 under this Agreement. Enter specific terms of payment here: I. Invoices submitted by the Grantee will be for expenses that have been incurred to complete the Scope of Services/Responsibilities in Exhibit A, Project Description. If the Grantee's invoices are deemed by the Grantor or auditors to not be sufficiently documented for supplies and equipment purchased,the Department may require further records and supporting documents to verify the amounts, recipients and uses of all funds invoiced pursuant to this Agreement. Furthermore, if any of the Deliverables or Milestones in Exhibit B are not satisfactorily completed,the Grantee will refund payments made under this Agreement to the extent that such payments were made for any such incomplete or unsatisfactory deliverable. All claims for reimbursement and final reports are due to the Bureau of Safety Programs and Engineering by November 1st following the end of the grant period. Failure to submit these documents by the required due date will significantly delay payment and may result in additional time and paperwork by filing through the Illinois Court of Claims should the claim be determined to be lapsed. Any expenditure made prior to the agreement approval date is the responsibility of the agency. (a)Any invoices/bills issued by the Grantee to the Grantor pursuant to this Agreement shall be sent to the Grantor at: Illinois Department of Transportation Bureau of Safety Programs&Engineering 2300 Dirksen Parkway, Room: 005 Springfield, IL 62764 ll. All claims and supporting documents shall be signed by an authorized representative of the Grantee. (a)The claim must include: (i) The Obligation Number,Agreement Number. (ii)Requests for reimbursement must be requested on the Grantor's designated form. (iii)Back up documentation, which may include invoices and receipts for expenditures must be submitted with each claim. Ill. Review and Approval (a)Upon submittal of a claim,the assigned Grantor contact listed in Exhibit D of this Agreement reviews and checks: (i) Mathematical accuracy of the claim. (ii)That requested reimbursement is consistent with items included in the approved budget. (iii)That total amount requested for reimbursement is proportional to total amount budgeted. (iv)That expenditures for each line item are less than or equal.to the budgeted amounts. (v)Completion of the work. (b)Failure to provide a complete claim may delay or prevent reimbursement. If there are problems with the claim, the assigned Grantor contact listed in Exhibit D of this Agreement will contact the Grantee to resolve the issue so that payment can be made, assuming it is appropriate.This may include submission of a new or corrected claim by the Grantee. (c)The assigned Grantor contact listed in Exhibit D of this Agreement will review and accept or reject the claim within 30 days of the Grantee's submittal. If accepted, the claim will be forwarded to the Grantor's Claims Specialist for final review and approval. If rejected, the claim will not be processed for payment until any revisions are approved by the Grantee. IV.Manager Approval (a)Once a claim is approved for payment,the Grantor's Finance Manager processes the claim for payment by the Comptroller. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 26 of 41 Agreement No. OP-19-0140,04-02 V. Send Payment (a)Once approved, the Comptroller forwards payment either via Electronic Fund Transfer(EFT)or by mailing a check to the Grantee's Remittance Address listed on this Agreement. REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 27 of 41 Agreement No. OP-19-0140,04-02 EXHIBIT D CONTACT INFORMATION CONTACT FOR NOTIFICATION: Unless specified elsewhere, all notices required or desired to be sent by either Party shall be sent to the persons listed below. GRANTOR CONTACT Name: Chris Peters Title: Safety Grants Administrator Address: 2300 S. Dirksen Parkway, Springfield, IL 62764 Phone: 217-558-1717 TTY#: n/a Fax#: n/a E-mail Address: christopher.peters@illinois.gov GRANTEE CONTACT Name: Kevin Seenne Title: Sergeant Address: 151 Dexter Ct. Elgin, IL 60120-5503 Phone: 847-289-2661 TTY#: n/a Fax#: n/a E-mail Address: senne_k@cityofelgin.org Additional Information: Business/Administration: Debra Nawrocki Finance Director 847 931-5624 nawrocki_d@cityofelgin.org State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 28 of 41 Agreement No. OP-19-0140,04-02 EXHIBIT E PERFORMANCE MEASURES The Grantee shall: I. Improve highway safety through increased enforcement and media campaigns. The STEP and eLAP enforcement programs will run from October 01, 2018-September 30, 2019 pending the FFY19 federal budget, amounts, and dates. The Grantee shall submit the BSPE 205 Local/State Mobilization Data Collection form after each enforcement mobilization campaign. The BSPE 205 Local/State Mobilization Data Collection form must be submitted within two(2)calendar weeks or fourteen(14)calendar days from the completion of each campaign. All BSPE 205 Local/State Mobilizations Data Collection forms shall be submitted electronically to DOT.BSPEDATA@illinois.gov. II. The grant funding opportunities under NOFO 19-0343-02 are funded by NHTSA. Therefore, the Grantee shall have an acceptable accounting system in existence capable of identifying the federally-related costs separately from their general operating costs. This accounting system shall be used in the quarterly reports to include information concerning monetary performance measures as it relates to the final approved budget. The Grantee shall adhere to all Fixing America's Surface Transportation Act (FAST Act, P.L. 114-94)rules and regulations under the criteria specific to their particular safety grant program. Any questions regarding the FAST Act rules and regulations must be sent electronically to the grantor contact in Exhibit D. III. Respond to inquiries and/or requests by the assigned Grantor contact listed in Exhibit D of this Agreement and any authorized agent of the Grantor: (a) Respond within a maximum of five(5)business days. (b) Send all required documentation to the email of the assigned Grantor contact listed in Exhibit D of this Agreement. (c) Alert Grantor, the assigned Grantor contact listed in Exhibit D of this Agreement, and any authorized agent of the Grantor to any issue with accessing, retrieving, securing, procuring, or otherwise establishing necessary documentation as inquired or requested by the Grantor within a maximum of five(5) business days. (d) Official documentation of any and all issues must be submitted to the assigned Grantor contact listed in Exhibit D of this Agreement. IV. Grantees receiving STEP grant funding adhere to: (a) Reduce the incidence of motor vehicle crashes and the resulting injuries and fatalities through increased highly-visible enforcement of occupant protection, laws, impaired driving, distracted driving, motorcycle operation, speeding, pedestrian safety and motorcycle licensing and registration laws during the national and state enforcement campaigns through the following objectives and measures: (b) Reduce the number of fatal and non-fatal injury crashes; (c) Increase enforcement of occupant restraint, impaired driving, speeding, distracted driving, and motorcycle safety laws; (d) Increase use of occupant restraints(seat belts, car seats and booster seats)in all vehicle seating positions; (i) Reduce Illinois' unrestrained occupant crashes, injuries and fatalities; (ii) Reduce Illinois' impaired driving crashes, injuries and fatalities; (iii) Reduce Illinois' speeding-related crashes, injuries,and fatalities; and (iv) Reduce Illinois' motorcycle crashes, injuries and fatalities. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 201813 15 17 Page 29 of 41 Agreement No. OP-19-0140, 04-02 STEP Enforcement Performance Measures Occupant Protection • A minimum of one(1)motorist contact(citations only)for every 60 minutes of patrol. • Thirty(30)percent of all citations must be for occupant protection violations. • One(1)percent of all citations must be for violations of the Child Passenger Protection Act. • One(1)percent of all citations must be for backseat occupants. • Maintain continual patrols per enforcement detail. Impaired Driving • A minimum of one(1)motorist contact(citations only)for every 60 minutes of patrol. • A minimum of one DUI arrest for every fifteen(15)hours of actual patrol. • A DUI processing rate of no more than two(2)hours per arrest. • Maintain continual patrols per enforcement detail. Speeding • A minimum of two(2)motorist contacts(citations only)for every 60 minutes of patrol. • Two(2)speeding-related citations per patrol hour/officer. • Maintain continual patrols per enforcement detail. *Maximum of 10%of patrol hours can be used for speed-related patrols. eLAP Performance Measures V. Grantees receiving eLAP grant funding shall adhere to: (a) Maximize the general impaired driving deterrence within a community by utilizing Roadside Safety Checks(RSCs)to reduce impaired driving and motor vehicle crashes, injuries, and deaths involving impaired drivers through the following objectives and measures: (i) A minimum of one(1)motorist contact(citations only)for every 90 minutes of the RSC; (ii) A minimum of one(1)DUI arrest for every fifteen(15 hours)of the RSC; (iii) A DUI processing rate of no more than two(2) hours; (iv) Grantee may conduct up to two(2) RSCs during each weekend as identified in the Attachment(BSPE 411); (v) Enforcement must be conducted during a minimum of five(5)up to a maximum of 36 weekends during the federal fiscal year; and (vi) RSCs must be a minimum of two(2)hours but no longer than five(5)hours of duration. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 30 of 41 Agreement No. OP-19-0140,04-02 EXHIBIT F PERFORMANCE STANDARDS Performance Standards shall include: I. Increased program utilization as described in the Attachment(BSPE 411)of the application packet for NOFO 19-0343-02. II. Electronic submission of the BSPE 205 Local/State Mobilizations Data Collection form to DOT.BSPEDATA@illinois.gov within two(2)calendar weeks or fourteen(14)calendar days of the completion of each campaign. III. Electronic submission of the Grantee's designated quarterly reporting form to grantor contact in Exhibit D by 5 p.m. on: February 01; May 01;August 01; and the final report on November 01 of the grant year. IV. Statistical analysis of data given by Grantee's designated quarterly reporting form to determine direct positive impacts on the safety program as described in the Attachment(BSPE 411) of the application packet for NOFO 19-0343-02. V. Timeliness of corrective actions will be determined on a case-by-case basis dependent on the urgency to which an issue needs to be addressed. This may be determined by the Grantor, the assigned Grantor contact listed in Exhibit D of this Agreement, any authorized agent of the Grantor, a third party retained by the Grantor,or coordination between the Grantor and the Grantee. (a) The Grantee shall generate and maintain invoices, implementation plan documents and materials and all other related documents including, but not limited to,email and mail correspondence in addition to other materials as listed in this Agreement. (b) The Grantee shall file accurate documentation to be compliant with Exhibits B and E in this Agreement. VI. Requirements concerning officers or deputies on hireback for STEP enforcement shall include: (a) Daily instructions shall be given at roll call outlining program objectives and enforcement performance measurements. (b) Local agencies shall utilize only Illinois Law Enforcement Training and Standards Board (ILETSB)certified police officers or deputies for the overtime enforcement. (c) All officers or deputies conducting grant-funded, alcohol-related enforcement patrols under this Agreement must be trained in the Standardized Field Sobriety Test(SFST). (i) Approved training in this area consists of the 24-hour National Highway Traffic Safety Administration(NHTSA), DWI Detection and SFST Course or other NHTSA/ILETSB- approved refresher course. (ii) To satisfy this requirement, officers and deputies must complete an ILETSB- accredited academy,a 24-hour SFST course or an SFST refresher course every four(4)years from the date of their last completed certified training. (iii) These courses must be taught by certified SFST instructors. (iv) A Grantee may provide in-house training for its own officers or deputies conducted by officers from the same agency, provided the trainer is a certified SFST instructor. Officers or deputies may also attend training at an agency other than their own as long as the training is conducted by a certified SFST instructor. In these situations, a class roster showing all officers or deputies who completed the training must be sent to the ILETSB. Upon request, the Grantee must be able to produce verification of compliance with this requirement. VII. Requirements concerning STEP enforcement shall include: (a) Overtime traffic enforcement shall be provided for the specified hours spread throughout the enforcement period with an emphasis on impaired driving, occupant restraint, and/or speeding laws. (b) Officers are permitted and encouraged to issue multiple citations to drivers and/or State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 31 of 41 Agreement No. OP-19-0140,04-02 passengers who have committed multiple violations such as: DUI; other alcohol-related offenses; failure to wear seat belt and/or properly restrain a child; speeding; or illegal use of an electronic device. VIII. Requirements concerning officers or deputies on hireback for eLAP enforcement shall include: (a) Grantee may only utilize eLAP funds to provide up to time and one-half(1 %)overtime pay to hire back officers to work RSC. (b) Grantee shall utilize only ILETSB-certified police officers or deputies for the hire back enforcement. (c) All officers or deputies conducting grant-funded, alcohol-related enforcement patrols under this Agreement must be trained in the Standardized Field Sobriety Test(SFST). (i) Approved training in this area consists of the 24-hour National Highway Traffic Safety Administration(NHTSA), DWI Detection and SFST Course or other NHTSA/ILETSB-approved refresher course. (ii) To satisfy this requirement, officers and deputies must complete an ILETSB-accredited academy, a 24-hour SFST course or an SFST refresher course every four(4)years from the date of their last completed certified training. (iii) These courses must be taught by certified SFST instructors. (iv) A Grantee may provide in-house training for its own officers or deputies conducted by officers from the same agency, provided the trainer is a certified SFST instructor. Officers or deputies may also attend training at an agency other than their own as long as the training is conducted by a certified SFST instructor. In these situations, a class roster showing all officers or deputies who completed the training must be sent to the ILETSB. Upon request, the Grantee must be able to produce verification of compliance with this requirement. (d) Grantee shall have personnel trained in areas relating to the needs of eLAP enforcement including, but not limited to, crash investigation, DUI enforcement, BAC testing,and SFST. (e) Grantee shall have a selective enforcement policy and procedures regarding staffing with appropriate supervision. IX. Requirements concerning eLAP enforcement shall include: (a)Grantees may conduct RSCs on their own or with law enforcement agencies as long as the enforcement only takes place within specified counties. (i) List of specified counties consists of:Adams; Champaign; Cook; DeKalb; DuPage; Grundy; Jackson; Kane; Kankakee; Kendall; Lake; LaSalle; Macon; Madison; McHenry; McLean; Peoria; Rock Island; Sangamon; St. Clair;Tazewell; Vermilion;Will;Williamson; and Winnebago. (b) Enforcement efforts must take place on weekends outside of the mandatory enforcement campaigns between Friday at 9:00 p.m. through Monday at 6:00 a.m. X. Requirements concerning distribution of public information and/or media: (a) The Grantor will provide materials to assist the local agency in preparing public information campaigns and news releases. (b) The applicant agency must be prepared to participate in promotional events at the request of the Grantor. (c) Adhere to requirements set forth in Exhibit B in subsection II and subsection III of this Agreement. (d) Adhere to media requirements set forth in Section III in subsection III of this Agreement. X1. All required forms shall be submitted in accordance with this Agreement. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/31517 Page 32 of 41 Agreement No. OP-19-0140,04-02 EXHIBIT G SPECIFIC CONDITIONS These specific conditions, as listed in the accepted Notice of State Award(NOSA),are based upon the grantee's responses to the Fiscal and Administrative Risk Assessment(ICQ), the Programmatic Risk Assessment(PRA)and any pertinent Merit Based Review process(if applicable). Fiscal And Administrative: I. Financial and Regulatory Reporting(2 CFR 200.327) i. Log indicating report submittal due dates and actual report submittal dates with explanation if late. Undertake all steps to adhere to GAAP, supply the Grantor contact with a plan for said steps, and restate all financial statements as necessary for the given fiscal year. Corrective Action: Grantee shall provide all required reports on-time and without error. In addition, the Grantee shall implement performance measures that tie to financial data if not currently in place. Condition may be removed upon request after one year. II. Cost Principles(2 CFR 200.400) i. Grantee shall request prior approval from Grantor contact for any costs that deviate from approved budget before any expense is incurred. Corrective Action: Implementation of additional controls for reviewing and approval of expenditures. Condition may be removed upon request after one year from the implementation of additional controls. III. Fraud,Waste and Abuse i. Grantee shall develop/update their Fraud awareness program and submit the written program to Grantor contact for approval. Upon approval from Grantor contact, the Grantee shall begin implementation of the program within 30 days. Corrective Action: Implementation of a fraud awareness program including information on how to report fraud,waste and abuse without fear of retaliation. Condition may be removed upon request after one year from the implementation of corrective action. Programmatic: n/a State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 33 of 41 Agreement No. OP-19-0140, 04-02 PART TWO—THE GRANTOR-SPECIFIC TERMS In addition to the uniform requirements in PART ONE, the Grantor has the following additional requirements for its Grantee: Renewal This Agreement may not be renewed. AUDIT In addition to the Audit requirements in Part One of the Agreement, GRANTEE shall permit the GRANTOR and any authorized agent of the GRANTOR to inspect all work, materials, audit working papers, invoices, implementation plan and all other related documents including but not limited to email and mail correspondence and other data and records pertaining to the Agreement; and to audit the books, records, and accounts of the GRANTEE with regard to the Agreement. The GRANTOR may, at its sole discretion and at its own expense, perform a final audit of the Agreement. Such audit may be used for settlement of the grant and Agreement closeout. GRANTEE agrees to implement any audit findings contained in the GRANTOR'S authorized inspection or review,final audit,the GRANTEE'S independent audit, or as a result of any duly authorized inspection or review. ETHICS In addition to the requirements in Part One, Article XXI, "Conflict of Interest,"the following requirements apply. A. Code of Conduct 1. Personal Conflict of Interest—The GRANTEE shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agent engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, officer, board member or agent of the GRANTEE may participate in the selection, award, or administration of a contract supported by state or federal funds if a conflict of interest,real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. the employee, officer, board member, or agent; b. any member of his or her immediate family; C. his or her partner; or d. an organization which employs,or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one(1)year. The code shall also provide that GRANTEE'S employees, officers, board members,or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The GRANTOR may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the GRANTEE or the locality relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers,employees, board members, or agents of the Grantee from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 2. Organizational Conflict of Interest—The GRANTEE will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may,without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or GRANTEE or impair the objectivity in performing the contract work. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 34 of 41 Agreement No. OP-19-0140, 04-02 PROCUREMENT PROCEDURES/EMPLOYMENT OF GRANTOR PERSONNEL 1. Procurement of Goods or Services—Federal Funds—For purchases of products or services with any Federal funds that cost more than $3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.C.403(11),(currently set at$100,000.00)the GRANTEE shall obtain price or rate quotations from an adequate number(no less than three(3))of qualified sources. Procurement of products or services with any Federal funds for$100,000 or more will require the GRANTEE to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GRANTEE,the procedures of the GRANTOR will be used, provided that the procurement procedures confirm to the provisions in Part 3(K)below. The Grantee may only procure products or services from one source with any Federal funds if:(1)the products or services are available only from a single source; or(2) the GRANTOR authorizes such a procedure; or(3)the GRANTOR determines competition is inadequate after solicitation from a number of sources. 2. Procurement of Goods or Services—State Funds--For purchases of products or services with any State of Illinois funds that cost more than $20,000.00, ($10,000.00 for professional and artistic services)but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently set at$50,000.00 and$20,000.00 for professional and artistic services)the GRANTEE shall obtain price or rate quotations from an adequate number(no less than three (3))of qualified sources. Procurement of products or services with any State of Illinois funds for$50,000.00 or more for goods and services and $20,000.00 or more for professional and artistic services)will require the GRANTEE to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GRANTEE,the procedures of the GRANTOR will be used.The GRANTEE may only procure products or services from one source with any State of Illinois funds if:(1)the products or services are available only from a single source; or(2)the GRANTOR authorizes such a procedure; or, (3)the GRANTOR determines competition is inadequate after solicitation from a number of sources. The GRANTEE shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract,and that the contract is subject to the terms and conditions of this Agreement. 3. Employment of GRANTOR Personnel --The GRANTEE will not employ any person or persons currently employed by the GRANTOR for any work required by the terms of this Agreement. DISPUTE RESOLUTION In the event of a dispute in the interpretation of the provisions of this Agreement, such dispute shall be settled through negotiations between the GRANTOR and the GRANTEE. In the event that the Agreement is not consummated at this negotiation level,the dispute will then be referred through proper administrative channels for a decision and ultimately, if necessary,to the Secretary of the Illinois Department of Transportation. The GRANTOR shall decide all claims,questions and disputes which are referred to it regarding the interpretation, prosecution and fulfillment of this Agreement. The GRANTOR'S decision upon all claims, questions and disputes shall be final and conclusive. FEDERALLY FUNDED AGREEMENTS Standard Assurances. The GRANTEE assures that it will comply with all applicable federal statutes, regulations, executive orders, Federal Transit Administration(FTA)circulars, and other federal requirements in carrying out any project supported by federal funds. The GRANTEE recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The GRANTEE agrees that the most recent federal requirements will apply to the project as authorized by 49 U.S.C. Chapter 53,Title 23, United States Code (Highways),the Moving Ahead for Progress in the 21st Century Act(MAP-21), the Safe, Accountable, Flexible, Efficient Transportation Equity Act:A Legacy for Users(SAFETEA-LU), as amended by the SAFETEA-LU Technical Corrections Act of 2008, or other Federal laws. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 35 of 41 Agreement No. OP-19-0140, 04-02 Debarment. In addition to the requirements in Part One,Article VIII, the GRANTEE shall comply with Debarment provisions as contained in 2 CFR Part 1200,as amended. The GRANTEE certifies that to the best of its knowledge and belief,the GRANTEE and the GRANTEE's principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b) within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public(federal, state or local) transaction or contract under a public transaction,violation of federal or state anti-trust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any of the offenses enumerated in subsection (b),above; and d) have not within a three-year period preceding this Agreement had one or more public transactions(federal, state or local)terminated for cause or default. The inability of the GRANTEE to certify to the certification in this section will not necessarily result in denial of participation in this Agreement. The GRANTEE shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the Grantor determined whether to enter into this transaction. If it is later determined that the GRANTEE knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Grantor may terminate this Agreement for cause. The GRANTEE shall provide immediate written notice to the Grantor if at any time the GRANTEE learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,""debarred,""suspended," "ineligible,""lower tier covered transaction,""participant," "person,""primary covered transaction,""principal,""proposal,"and "voluntarily excluded," as used in this Part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The GRANTEE agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing,by the Grantor. The GRANTEE agrees that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," provided by the Grantor,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The GRANTEE may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless the GRANTEE knows the certification is erroneous. The GRANTEE may decide the method and frequency by which it determines the eligibility of its principals. The GRANTEE may, but is not required to, check the Non-Procurement List. If the GRANTEE knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, the Grantor may terminate this Agreement for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and information of the GRANTEE is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Disadvantaged Business Enterprise Assurance. In addition to the requirements in Part One,Article X, "Unlawful Discrimination," in accordance with 49 CFR 26.13(a), as amended, the GRANTEE assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or sub agreement supported with Federal assistance derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE)program or the requirements of 49 CFR Part 26, as amended. The GRANTEE assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended,to ensure nondiscrimination in the award and administration of all third-party contracts and sub agreements supported with Federal assistance derived from the U.S. DOT. The GRANTEE DBE program, as required by 49 CFR Part 26, as amended,will be incorporated by reference and made a part of this Agreement for any Federal assistance awarded U.S. DOT. Implementation of this DBE program is a legal obligation of the GRANTEE, State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 36 of 41 Agreement No. OP-19-0140,04-02 and failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by the Federal Government or the GRANTEE to the GRANTEE of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the.matter for enforcement under 18 U.S.C. 1001, as amended,and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended. Procurement Compliance Certification. The GRANTEE certifies that its procurements and procurement system will comply with all applicable third-party procurement requirements of Federal laws, executive orders, regulations, and requirements, as amended and revised. The GRANTEE certifies that it will include in its contracts financed in whole or in part with U.S. DOT or NHTSA assistance all clauses required by Federal laws, executive orders, or regulations,and will ensure that each subrecipient and each contractor will also include in its sub agreements and its contracts financed in whole or in part with U.S. DOT or NHTSA assistance all applicable clauses required by Federal laws, executive orders, or regulations. Certifications and Assurances Required by the U.S. Office of Management and Budget(OMB)(SF 424B and SF 424D). As required by OMB, the GRANTEE certifies that it: 1. Has the legal authority and the institutional, managerial, and financial capability(including funds sufficient to pay the non-federal share of project cost)to ensure proper planning, management, and completion of the project. 2. Will give the U.S. Secretary of Transportation, the Comptroller General of the United States, and, if appropriate,the state,through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain; 4. Will initiate and complete the work within the applicable project time periods; 5. Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: • Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,"49 CFR Part 25,which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794,which prohibits discrimination on the basis of handicap; • The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; • The Drug Abuse, Prevention,Treatment and Rehabilitation Act, Public Law 92-255,and amendments thereto,21 U.S.C. 1101 et seq. relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Public Law 91 616, and amendments thereto,42 U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; • The Public Health Service Act of 1912, as amended,42 U.S.C.290dd-2 related to confidentiality of alcohol and drug abuse patient records; • Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing; • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited,to 49 U.S.C. 5332,which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and Section 1101(b)of the Transportation State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 37 of 41 Agreement No. OP-19-0140,04-02 Equity Act for the 21 st Century,23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FTA programs; and • Any other nondiscrimination statute(s)that may apply to the project. 6. Will comply with all federal environmental standards applicable to the project, including but not limited to: • Institution of environmental quality control measures under the National Environmental Policy Act of 1969 and Executive Order 11514; • Notification of violating facilities pursuant to Executive Order 11738; • Protection of wetlands pursuant to Executive Order 11990; • Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; • Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq.; • Conformity of federal Actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 et seq.; • Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended; • Protection of endangered species under the Endangered Species Act of 1973, as amended; • The Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et seq.,which relates to protecting components or potential components of the national wild scenic rivers system; and • Environmental impact and related procedures pursuant to 23 C.F.R. Part 771. 7. Will comply with all other federal statutes applicable to the project, including but not limited to: • Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,which provides for fair and equitable treatment of persons displaced whose property is acquired as a result of federal or federally-assisted programs; • The Hatch Act, 5 U.S.C. 1501-1508 and 7324-7328,which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds; • The Flood Disaster Protection Act of 1973,which requires the purchase of flood insurance in certain instances; • Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470; • Executive Order 11593,which relates to identification and protection of historic properties; • The Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et seq.; • The Laboratory Animal Welfare Act of 1966, as amended, 7 U.S.C.2131 et seq.,which relates to the care, handling, and treatment of warm-blooded animals held for research,teaching, or other activities supported by a federal award of assistance; • The Lead-Based Paint Poisoning Prevention Act, 42 U.S.C.4801 et seq.,which relates to prohibiting the use of lead-based paint in construction or rehabilitation of residence structures; • The Single Audit Act Amendments of 1996 and OMB Circular No.A-133, "Audits of States, Local Governments, and Non-Profit Organizations"; and • Use of parks, recreation areas, wildlife and waterfowl refuges, and historic sites pursuant to 23 C.F.R. Part 774(Section 4(f)requirements). Energy Conservation. To the extent applicable,the GRANTEE and its third-party contractors at all tiers shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. Section 6321 et seq. Eligibility for Employment in The United States. The GRANTEE shall complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Forms(1-9).These forms shall be used by the GRANTEE to verify that persons employed by the GRANTEE are eligible to work in the United States. Buy America. As set forth in 49 U.S.0 53230)and 49 C.F.R. Part 661, only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 201813 15 17 Page 38 of 41 Agreement No. OP-19-0140,04-02 the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of satisfactory quality; or that inclusion of domestic materials will increase the cost of overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Changed Conditions Affecting Performance. The GRANTEE shall immediately notify the Grantor of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. Third Party Disputes or Breaches. The GRANTEE agrees to pursue all legal rights available to it in the enforcement or defense of any third-party contract, and U.S. DOT, NHTSA and the Grantor reserve the right to concur in any compromise or settlement of any third-party contract claim involving the GRANTEE. The GRANTEE will notify U.S. DOT, NHTSA and the Grantor of any current or prospective major dispute pertaining to a third-party contract. If the GRANTEE seeks to name the Grantor as a party to the litigation, the GRANTEE agrees to inform both U.S. DOT, NHTSA and the Grantor before doing so. The Grantor retains a right to a proportionate share of any proceeds derived from any third-parry recovery. Unless permitted otherwise by the Grantor, the GRANTEE will credit the Project Account with any liquidated damages recovered. Nothing herein is intended to, nor shall it waive U.S. DOT's, NHTSA's or the Grantor's immunity to suit. Reporting. Grantee agrees to submit periodic financial and performance reporting on the approved IDOT BoBS 2832 form. Grantee shall file quarterly BoBS 2832 reports with Grantor describing the expenditure(s)of the funds and performance measures related thereto. The first BoBS 2832 report shall cover the first three months after the 10/01/18 effective date of the Agreement. Quarterly reports must be submitted no later than 30 calendar days following the period covered by the report. For the purpose of reconciliation,the Grantee must submit a BoBS 2832 report for the period ending 09/30/19. A BoBS 2832 report marked as"Final Report" must be submitted to the Grantor 60 days after the end date of the Agreement. Failure to submit the required BOBS 2832 reports may cause a delay or suspension of funding. Additional Reporting Requirements: The Grantee must submit a BoBS 2832 report for the period ending 09/30/19. Grantee shall submit to Grantor a BoBS 2832 report for the period ending September 30 within 30 calendar days of the end of the Federal Fiscal Year. REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 39 of 41 Agreement No. OP-19-0140,04-02 PART THREE—THE PROJECT-SPECIFIC TERMS In addition to the uniform requirements in PART ONE and the Grantor-Specific Terms in PART TWO, the Grantor has the following additional requirements for this Project: I. This Agreement is subject to amendments based on possible FFY19 grants, as designed by NHTSA and the GRANTOR. This Agreement shall be amended to include additional scope of work, requirements and/or dollar amount. All FFY19 grants made available through the Grantor by NHTSA may be used in conjunction with the requirements and stipulations as stated in this Agreement. The GRANTEE is eligible to apply for multiple FFY19 grants in consideration of the GRANTEE compliance with all Agreement requirements and meets all other qualifications as stated in the corresponding grant NOFO, 2 CFR 200, and GATA policies. Should the amendment result in differing funding sources,the information will be clearly stated in the amendment and the GRANTEE shall submit separate claims per funding source. Additionally, multiple amendments may be made should it be required. The possibility of amendments to this Agreement does not guarantee the Grantee additional grants funds. ll. Cost records and accounts pertaining to the work covered by this agreement shall be kept available for inspection for a period of seven (7)years following the date of final reimbursement payment. Copies of such records shall be made available upon request to the Grantor. III. The GRANTEE shall abide by conditions set forth by IDOT: (a) Out-of-State Travel Request. Requests for out-of-state travel must be approved in advance. Requests should be submitted on the BSPE 601 Out-of-State Travel Request form and approval from the Grant Administrator and the Safety Programs Implementation Manager. Copies of the approved form must be included with the claim for reimbursement. Requests for approval of out-of-state travel by a grantee should be submitted to your Grant Administrator, far enough in advance to allow for review,with a minimum of 2 months suggested. Requests should be documented on the BSPE 601 Out-of-State Travel Request form available through your Grant Administrator. A copy of the approval must accompany the claim for reimbursement when the reimbursement is requested. (b) Printed Materials.All printed materials and advertising must be pre-approved by IDOT BSPE before the grantee purchases or produces these items. If these items are not approved by IDOT BSPE then reimbursement will be denied. Materials from grantees must be submitted to the Grant Administrator who will initiate the review process. (c) Seat Belt Policy. The GRANTEE shall have in place or establish a department seat belt policy that assures the safety of all personnel by requiring every person, regardless of seating position,to wear at all times a properly adjusted seat belt in all vehicles owned, leased,or rented by the department. This also applies to the operation of privately owned or other vehicles if used on-duty. Due to the police exemption it is insufficient to simply state, "...In accordance with the Illinois Mandatory Seat Belt Law(625 ILCS 5/12-603.1)". A copy of the seat belt policy must be provided to the GRANTOR and also be retained locally in the project file and available for review. IV. The GRANTEE shall abide by conditions set forth by NHTSA: (a) Prohibition on Using Grant Funds to Check for Helmet Usage.The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. (b) Policy on Seat Belt Use. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the GRANTEE is encouraged to adopt and enforce on-the- job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles.The National Highway Traffic Safety Administration (NHTSA)is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 40 of 41 Agreement No. 0113-19-0140,04-02 Safety(NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees.You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website(www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. (c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10,Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting. (d) Policy on Media Materials.All forms of media, including but not limited to, printed materials, scripts for trainings and public service announcements, and/or interview talking points, must be approved by the GRANTOR prior to any media campaigns whether voluntary or program-required. The GRANTEE shall submit all media electronically to the GRANTOR Contact listed in Exhibit D of this Agreement. Failure to submit media for approval prior to the media campaign shall result in forfeiture of monetary reimbursement for any and all unapproved media. All media must be submitted a minimum of two(2)weeks prior to the start of the media campaign. [See Paragraphs 4.3,4.6, 4.7, 5.1, 7.6, 12.4, 14.1, 14.3, 19.1 and 24.1 for information that may be required in this PART THREE.] State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 Page 41 of 41