HomeMy WebLinkAbout03-234 JULY,2007
IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION. 03-234
PASSED: AUGUST 27, 2003
SUBJECT: AGREEMENT WITH THE ILLINOIS DEPARTMENT OF PUBLIC
HEALTH FOR THE GET THE LEAD OUT GRANT PROGRAM
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Resolution No. 03-234
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT
WITH THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH
FOR THE GET THE LEAD OUT GRANT PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, be and is hereby authorized and directed to
execute a grant agreement with the State of Illinois Department of
Public Health for the Get the Lead Out Grant Program, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: August 27, 2003
Adopted: August 27, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
G`040F ECC (�
Agenda Item No.
City of Elgin �-�
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10-11,
August 7, 2003
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NEIGHBORHOOD VITALITY
TO: Mayor and Members of the City Council .0b"FROM: David M. Dorgan, City Manager
Amy Coyne, CDBG Program Coordinator
SUBJECT: Grant Agreement between the Illinois Department of
Public Health and the City of Elgin for the Get the
Lead Out Grant Program
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information regarding the grant
agreement between the Illinois Department of Public Health
(IDPH) and the City of Elgin for the Get the Lead Out (GLO)
Grant Program.
BACKGROUND
Each year the Illinois Department of Public Health (IDPH)
applies for lead hazard control funds distributed through the
U. S . Department of Housing and Urban Development (HUD) . This
year IDPH requested that the City of Elgin and the Kane County
Health Department participate in the application process . By
partnering with IDPH, the City of Elgin would receive
$114, 948 . 00 in GLO grant funding. The GLO grant provides
funding to approximately 10 counties and municipalities
throughout Illinois.
The Get the Lead Out (GLO) Program consists of following:
1. Elevated Blood Levels (EBL) :
Children with elevated blood lead levels will be identified
by the Kane County Health Department . The Health Department
will obtain this information through school physicals, blood
tests, and concerned residents residing in pre-1978 housing.
Any resident who has not had their children tested and is
IDPH Grant Agreement
August 7, 2003
Page 2
concerned can call the Health Department . The Health
Department will provide blood testing to any resident or
refer them to their local doctor. A list will be established
prioritizing households with children who have elevated blood
levels . Priority will be placed on addressing; (1) households
with EBL' s and (2) households with lead based paint issues,
but no EBL' s.
2 . Lead Abatement Services:
The lead abatement activities conducted will be determined by
the Kane County Health Department' s Risk Assessment Report in
which the priority households with EBL' s have been
identified. The City and the County will approach these
households informing them of the grant dollars available to
remove the lead from their homes . The City will define the
scope of work based off of the report . Lead abatement
activities can consist of removing/repainting chipping and
pealing paint, window removal or encapsulating the lead in
windows or walls.
3 . Maximum Spending Limits:
The GLO Program will allow the City to spend a maximum of
$13, 200 on each household. However, IDPH would like to see
the overall average per household stay close to $7, 663 . By
maintaining costs close to $7, 663 per household, the City
will be able to complete work on the estimated 15 households.
Out of the total cost for the lead hazard reduction work,
$200 can be allocated to relocation costs and $1, 198 can be
allocated for administrative fees. The remaining $6, 265 would
be available for labor and material .
4 . Eligibility Requirements :
These 15 households will have to meet the income requirements
set forth in this section. All residential single family
households must have an income at or below 80% of the median
family income to be eligible to receive funding. All owner-
occupant rental housing units (4 units or less) must have at
least 51% of the units occupied by families with incomes at
or below 50% of the median family income. The remaining
IDPH Grant Agreement
August 7, 2003
Page 3
portion will have to be occupied by families at or below 80%
of the median family income .
5 . Program Match:
As a requirement of this program, the city must provide
matching funds; a lump sum total of an estimated $11 , 494 or
10% of each project' s total cost, including relocation and
administrative costs . The Planning and Neighborhood Services
staff recommends providing 10% match on each completed
household. Community Development Block Grant (CDBG) dollars
are an allowable match for this program. The matching CDBG
funds are available and have been set aside in the 2002 CDBG
Program Year budget .
Therefore, the Planning and Neighborhood Services staff
recommends entering into this agreement with IDPH to provide
lead services to low/moderate income eligible households .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
\\p FINANCIAL IMPACT
The grant from the Illinois Dept . of Health will total $114, 948 .
The City will be required to provide a 10% match or $11, 494 .
Sufficient matching funds are budgeted and available ($30, 000)
to enter into this agreement with IDPH in the CDBG Program Year
2002 , Rehabilitation Grants/Loans, account number 230-0000-
791 . 78-99, project number 154049 . The City will be responsible
for meeting additional audit requirements as a result of the
grant which would include contracting with our independent
auditor to verify compliance with the grant guidelines .
EGAL IMPACT
wri
None .
IDPH Grant Agreement
August 7, 2003
Page 4
ALTERNATIVES
1 . Approve the agreement as recommended.
2 . Do not proceed with the agreement at this time.
RECOMMENTATION
It is recommended that the City Council approve the GLO Grant
Agreement between the Illinois Department of Public Health and
the City of Elgin in the amount of $114, 948 .
Respectfully submitted for Council consideration.
AC/sr
Attachments
•
• \ 0
Resolution No. 03-234
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT
WITH THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH
FOR THE GET THE LEAD OUT GRANT PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and
directed to execute a grant agreement with the State of Illinois
Department of Public Health for the Get the Lead Out Grant Program,
a copy of which is attached hereto and made a part hereof by
reference .
Ed Schock, Mayor
Presented: August 27 , 2003
Adopted:
Vote : Yeas Nays :
Recorded:
Attest :
Dolonna Mecum, City Clerk
Contract Form C (5/02) Contract#
Fiscal Year 2003 Appropriation #063-48250-1900-0000
STATE OF ILLINOIS
DEPARTMENT OF PUBLIC HEALTH
Grant Agreement
The Illinois Department of Public Health, an administrative agency established in the executive branch of State
government by Section 3 of the Civil Administrative Code of Illinois,20 ILCS 5/3,or its successor,hereinafter referred
to as the"Department,"and the City of Elgin,an Illinois Municipal Corporation,150 DexterCourt,Elgin, IL 60120-5555,
hereinafter referred to as the"Grantee," hereby agree as follows:
1 Services:
1.1 The Grantee will provide the following services and agrees to act in compliance with all state and federal
statutes and administrative rules applicable to the provision of services pursuant to this grant agreement.
1.1.1 The Grantee, in cooperation with the Kane County Health Department,will provide lead-based paint
hazard reduction services to eligible clients in Kane County in a program funded by the U. S.
Department of Housing and Urban Development to evaluate and reduce lead-based paint hazards in
an estimated 15 housing units.The Grantee will ensure that it will provide cost-effective services under
this agreement by coordinating,integrating,and combining its services with other housing rehabilitation
and weatherization programs and the lead-based paint hazard identification and clearance testing
services of the Kane County Health Department.
1.1.2 The Grantee will accept and review applications from clients referred from the Department or its agent,
the Kane County Health Department, to determine client eligibility.These referred clients shall have
priority over other eligible clients. All client households must be occupied before or after the
rehabilitation by a family with a low-income (80% of median for the area) as adjusted for family size
as determined by HUD, having at least one child six years of age or less. The property must contain
lead-based paint hazards,be constructed before 1978,a 4-unit structure or less,with each unit having
at least one bedroom and meet other conditions as specified in the Get the Lead Out Protocol.
Property owners must assure in writing the continued availability of the property to low-income
residents.
1.1.3 The Grantee will assure that at least fifty percent of any rental units assisted by this program be
occupied by, or made available to, families with incomes at or below 50 percent of the area median
income level. The remaining rental units shall be occupied or made available to families with incomes
up to 80 percent of the area median income level. For rental properties, the Grantee shall assure
through lien or written agreement with the landlord thatforthree years following completion of the work
the landlord shall give priority in renting these units to families with a child under the age of six years
old or pregnant women.
1.1.4 The Grantee will assure that owner-occupant clients have an income at or below 80 percent of the
area median income level. All owner-occupied units assisted shall be occupied by a child under the
age of six years or shall be units where a child under the age of six years spends a significant amount
of time visiting.
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1
1.1.5 The Grantee will complete a detailed lead mitigation plan/work order in cooperation with the Kane
County Health Department. This plan will list details of all the required worker and occupant safety
measures, occupant relocation requirements, and all lead mitigation/abatement procedures and
materials to be used.The Grantee will specify procedures and materials for this program as described
in the current Get the Lead Out Program protocol using the Department's work order generation
software program or its equivalent approved by the Department. The work order must be approved
by the Kane County Health Department before work may begin.The Grantee will attempt to combine
weatherization or other housing rehabilitation work with lead hazard reduction work where possible.
1.1.6 The Grantee will comply with the occupant protection provision of 24 CFR 35.1345 which,with certain
exceptions, prohibits client occupants from entering the work area until all work is finished and a
clearance sample is obtained by the Kane County Health Department and passes the minimum
acceptable levels as described in the Get the Lead Out Program protocol.Client occupants may only
reenter the work area prior to work completion and final clearance samples if the conditions in 24 CFR
35.1345,which are explained in the Get the Lead Out Protocol, are met.
1.1.7 The Grantee will comply with the Uniform Relocation Assistance and Real Property Acquisition Polices
Act of 1970 and implementing regulations at 49 CFR Part 24. The Grantee will provide, or reimburse
the clients for,the temporary relocation and moving services or other expenses or services requested
by the client and deemed necessary by the Grantee that result from the client not being allowed in their
living area during the project's work. The frequency and duration of the client's relocation for each
project will be determined and specified by the Kane County Health Department and included in the
work/change order developed by the Grantee for its subcontractors.
1.1.8 The Grantee will comply with the HUD Procurement Standards (24 CFR 85.36 and 24 CFR 85.37).
To the maximum extent practical,the Grantee's procurement transactions shall provide open and free
competition between providers, eliminate conflicts of interest, and prevent unfair competition. The
Grantee's procurement procedures shall be in writing and available for inspection by the Department.
1.1.9 The Grantee is responsible for complying with the Lead-Based Paint Pre-Renovation Education Rule
(40 CFR Part 745)which requires that each client receive the USEPA pamphlet, Protect Your Family
from Lead in Your Home, before work starts on the unit.
1.1.10 The Grantee will comply with Section 3 ofthe Housing and Urban Development Act of 1968(12 U.S.C.
1701u). To the extent practical,the Grantee's procurement of goods and services shall be directed
to benefit low-and very low-income persons.
1.1.11 The Grantee will ensure that its employees that oversee and inspect the lead mitigation/abatement
services provided in Section 1.1.13 have a current lead supervisor license from the Department.If the
services of these persons become unavailable during the term of the grant agreement, the Grantee
will immediately notify the Department and obtain the services of a licensed person.
1.1.12 Other than cleaning procedures,the Grantee must assure that lead-based paint hazard reduction work
performed under this Grant Agreement is conducted by lead abatement contractors and workers
licensed by the Department. The Grantee must also assure that these licensed contractors and
workers comply with all applicable provisions of the Lead Poisoning Prevention Act(410 ILCS 45)and
Lead Poisoning Prevention Code (77 III.Adm. Code 845).
1.1.13 The Grantee's licensed lead supervisor will go to the work site as necessary to inspect the procedures
being used to ensure the following:
1.1.13.1 That work is being done according to the approved work order for that residence as developed
by the Grantee and approved by the Kane County Health Department.
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1.1.13.2 That all work is completed in a good,workmanship-like manner using proper materials fit for their
purpose and not using any banned methods or materials in accordance with the Get the Lead
Out Program protocol, the Illinois Lead Poisoning Prevention Act (410 ILCS 45) and its
implementing regulations at 77 II. Adm. Code 845.
1.1.13.3 That all applicable worker and resident safety provisions of the Illinois Lead Poisoning Prevention
Act(410 ILCS 45) and its implementing regulations at 77 II. Adm. Code 845, the OSHA Lead
Exposure in Construction Interim Final Rule (29 CFR 1926.62), and the Get the Lead Out
Program protocol are being followed.
1.1.14 The Grantee will notify the Department of Commerce and Community Affairs Housing Weatherization
Assistance Program(IHWAP) and the Kane County Health Department as soon as work is complete
so that clearance samples may be collected by the health department and a final construction
inspection conducted by the IHWAP. If the clearance samples do not meet or exceed the clearance
criteria as specified in the Get the Lead Out Program protocol, the Grantee must have the unit re-
cleaned.If clearance samples must be repeated more than once, the Grantee will absorb the cost for
each excess clearance sample visit after the first one as described in Section 3. The costs for
recleaning or additional lead abatement/mitigation, after the initial clearance sample, will not be
reimbursed by the Department. This does not prohibit the Grantee from passing the cost onto the
responsible contractor for additional mitigation or cleaning.
1.1.15 The Grantee will be responsible for complying with the Illinois State Agency Historic Resources
Preservation Act, 20 ILCS 3420/1 and its implementing regulations, 17 III.Adm. Code 4180 and The
National Historic Preservation Act of 1966 (16 U.S.C.470)(NH PA)and the regulations at 36 CFR part
800. This includes the following:
1.1.15.1 Except as noted in Section 1.1.15.2, for any property where work plans include the covering,
removal, or replacement of any interior or exterior architectural materials, the Grantee must
obtain a photograph of the house from the street and submit it to the Illinois Historic Preservation
Agency for review. Work may not proceed without the approval of the Illinois Historic
Preservation Agency.
1.1.15.2 The photograph and review are not required where the work order calls only for cleaning,
repainting, non-abrasive stripping,repairing of wood or plaster, enclosing window troughs with
vinyl or aluminum,installing jamb liners or window weather-stripping to the existing window sash,
adding storm windows over an existing sash, adding gutter or down spouts, replacing existing
asphalt or fiberglass roof shingles, or replacing existing carpeting or vinyl without damaging
historic flooring underneath.
1.1.16 The Grantee must comply with the terms of the Flood Disaster Protection Act of 1973(42 U.S.C.4001
-4128). For homes in Special Flood Hazard Areas as designated under the Act and the National Flood
Insurance Program (NFIP), the Grantee may not provide services to units unless they obtain proof of
flood insurance.This proof will consist of the policy declaration form issued by NFIP or by any property
insurance company offering coverage under NFIP.
1.1.17 Before beginning lead-based paint hazard housing rehabilitation, the Grantee will attend a Get the
Lead Out training session about the procedures, forms, and methods required for this program.
1.1.18 Records and Reports - The Grantee will submit reports to the Department and keep records as
follows:
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1.1.18.1 Every month by the 10th,the Grantee will submit or update a summary report of the status of all
Get the Lead Out Program projects to the Department in a format provided in the Get the Lead
Out Protocol.
1.1.18.2 In compliance with Section 1.1.10, the Grantee will keep records on the number of low and very
low-income persons that receive benefitsthrough its procurement procedures.The Grantee must
report these numbers to the Department annually by December 31.
1.1.18.3 The Grantee will keep and maintain all documents related to this program, including copies of
the supervisor/contractor and worker lead licenses, lead work orders, lead-based paint hazard
mitigation/abatement plans, public and private matching funds receipts, program-related
correspondence, invoices, proof of flood insurance, Illinois Historic Preservation Agency project
review and approval documents,or other records requested by the Department.The Grantee will
keep these records separated and grouped by individual project where applicable.
1.1.18.4 The Grantee will make all these records available for inspection and copying upon request by
the Department during normal business hours during the grant agreement and for three years
beyond the term of the grant agreement.
1.2 In connection with the services described in 1.1, the Department will:
1.2.1 Provide to the Grantee copies of the booklet Protect Your Family from Lead in Your Home for
distribution as described in Section 1; write, interpret, and update the Get the Lead Out Protocol as
necessary; provide technical advice and information to the Grantee concerning lead hazard
mitigation/abatement; arrange or contract for lead-based paint risk assessments, environmental
sampling,and necessary worker or occupant blood lead sampling and testing; and management and
auditing activities necessary to assure the correct operation of the program.
1.2.2 Compensate the Grantee as specified in Section 3.
2 Term: The period of this grant agreement is September 1, 2003 through October 31, 2004; however; it may be
terminated at any time during this period by either party upon giving written notice to the other party thirty (30)
calendar days prior to the actual termination date. Upon termination,the Grantee shall be paid for work satisfactorily
completed prior to the date of termination.
3 Compensation:
3.1 The contract amount payable to the Grantee shall not exceed a maximum amount of$114,948.
3.2 Any and all obligations of the Department will cease immediately without penalty of further payment or any other
penalty being required if the Illinois GeneralAssembly or federal funding source fails to appropriate orotherwise
make available sufficient funds for this grant agreement.
3.2.1 Grantee Capacity Building: In order for the grantee to meet the terms of Section 1.1.12, the
grantee may request compensation from the Department of up to $150 for some of the expenses the
grantee incurs for obtaining Illinois lead abatement contractor/supervisor licenses.
3.3 The Department will compensate the Grantee on the following basis:
3.3.1 Maximum per unit expenses:; Relocation expenses will not exceed$200 and the administrative fee
will not exceed $1,198. The Grantee must limit cumulative average expenses (for material, labor,
relocation, and administrative fees) as close as possible to $7,663 per unit in order to complete 15
units for the amount shown in Section 3.1.
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3.3.2 Invoice Form:The Grantee will bill the Department separately, using a Department-provided invoice,
certifying that the Grantee has properly completed all the work and meets all program requirements.
3.3.2.1 Along with each invoice,the Grantee will submit to the Department documentation as required
by The Get the Lead Out Protocol. This will include itemized work order specifications and costs
generated by Department-provided software, matching fund documentation as required in
Section 3.3.4, and other client and project information.
3.3.2.2 Each invoice and accompanying backup documentation must be reviewed,approved and signed
by IHWAP staff from the Illinois Department of Commerce and Community Affairs.
3.3.3 Excess Clearance Charge:The Grantee's reimbursement will be reduced by$80 for each clearance
sample visit after the first one by the Kane County Health Department.
3.3.4 Matching Funds: The Grantee must provide an estimated $14,022 in matching funds to pay for part
of the cost of each project as follows:
3.3.4.1 A total of about$12,897, or 10%of each project's cost(materials,labor, management fee, and
relocation expenses)must be deducted from the total on the invoice and the Grantee must show
an identical amount billed and collected directly from some other source. CDBG funds are the
only federal funds that may be used for this purpose.A copy of an invoice, voucher, or check,
or other suitable document proving the collection of these funds must be kept on file and
available for inspection by the Department.
3.3.4.2 As described in this Section,$500 will be collected from certain property owners and these funds
will be applied toward project costs. The Grantee must collect matching funds from a landlord
that is not income eligible per Section 1.1.2,but whose property can receive assistance because
it houses low-income tenants. The Grantee must collect from each such landlord $500 of the
project's estimated cost (materials, labor, management fee, and relocations services) in
advance of beginning work on the property. The grantee must deduct this amount from the total
amount the Grantee requests for reimbursement on the invoice.The Grantee must keep records
on file for inspection by the Department documenting the collection of these matching funds from
the landlord.
3.3.5 Advance and Recoupment: If requested by the Grantee,the Department will provide the Grantee a
one-time advance of grant funds of up to 10% of the maximum grant amount shown in Section 3.1 to
use for Get the Lead Out program operations. Prior to the release of this money,the Grantee must
provide documentation satisfactory to the Department that shows the Grantee has the financial
resources or outside commitments to provide the amount shown in Section 3.3.4.1.The Grantee must
pay back the advance to the Department within 30 days of the termination of this Grant. The Grantee
must reduce the amount owed on the advance at a constant rate (set the by the Department)during
the project. These payments will be shown as deductions on the invoice the Grantee uses to bill the
Department for the Grantee's services. Any of the advanced funds not recouped by the Department
from the Grantee through invoice deductions by the end of this Grant Agreement will be immediately
returned by the Grantee to the Department within 30 days of the termination of the Grant Agreement.
3.4 All invoices for services provided within any State fiscal year(the period of July 1 of one year to June 30 of the
next) must be received by the Department within 30 days of the end of that State Fiscal Year to ensure
payment can be made. Failure to do so may result in the grantee having to file action with the Illinois Court of
Claims to receive payment.
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4 Notices: All legal notices required or desired to be made by either party to this grant agreement shall be sent by
certified mail return receipt requested to the following respective addresses or to such other address as either party
may from time to time designate by notice to the other party.
to the Department: Illinois Department of Public Health
Division of Environmental Health
525 West Jefferson Street
Springfield, Illinois 62761
Attention: Mark C.Vassmer
to the Grantee: City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Attention: Mark Biernacki
5 Federal Taxpayer Identification Number: Under penalties of perjury, the Grantee certifies that 37-6005862 is
Grantee's correct Federal Taxpayer Identification Number or Governmental Unit Code. Grantee is doing business
as a(an):
Partnership Real Estate Agent
Corporation X Governmental Entity
Not-for-Profit Corp Tax Exempt Organization
Medical and Health Care (IRC 501[a] only)
Services Provider Corp Trust or Estate
6 Basic Grant Terms: The parties understand and agree that the attached Basic Grant Terms are fully incorporated
herein by reference and are binding upon both parties hereto.
For the Grantee: For the Department:
Grantee Signature Recommended by
Typed Name Eric E.Whitaker, M.D., M.P.H.
Director of Public Health
Title Execution Date
IDHR Number (if applicable)
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Basic Terms Form C (4/03)
Grant Agreement
BASIC GRANT TERMS
1. Applicable Law: This grant agreement shall be governed in all respects by the laws of the
State of Illinois and is subject to the limitations of the Department's appropriated funds.
Further,the provisions of these basic terms also parallel the sound policy of the referenced
laws concerning agreements,other than grants,with the State. If any provision of this grant
agreement is in conflict with any statute,law,or rule of any governmental entity,then that
conflicting provision shall be deemed null and void only to the extent of the conflict and
without invalidating the remaining provisions of the grant agreement.
2. Subcontractor: The Grantee will not use the services of a subcontractor to fulfill any
obligations under this grant agreement without the prior written consent of the Department.
The Department reserves the right to review all subcontracts.
3. Audit Requirements
3.1 The Grantee is responsible for meeting the audit requirements of the Fiscal Control
and Internal Auditing Act, 30 ILCS 10/Act, and for compliance with the federal
OMB Circular A-133 to contract with an independent accounting firm to perform an
organization-wide audit. The Grantee will provide a copy of the audit to the
Department. The Grantee will maintain complete records of all services,receipts,
and disbursements relative to this grant agreement, insofar as these records support
the audit.
3.2 In addition to other requirements within the grant agreement, the Grantee shall
maintain for a minimum of 3 years after the completion of this grant agreement,
adequate books,records,and supporting documents to verify the amounts,recipients,
and uses of all disbursements of funds passing in conjunction with this grant
agreement; the Grantee agrees that the grant agreement and all books,records, and
supporting documents related to the grant shall be available for review and audit by
the Department or the Auditor General; and the Grantee agrees to cooperate fully
with any audit conducted by the Department or the Auditor General and to provide
full access to all relevant materials. Failure to maintain the books, records, and
supporting documents required by this Section shall establish a presumption in favor
of the Department for the recovery of any funds paid by the Department under the
grant agreement for which adequate books,records, and supporting documentation
are not available to support their purported disbursement.
Page 1 of 7
Basic Terms Form C(4/03)
Grant Agreement
4. Conditions: Conditions of this grant agreement, if any, are attached to the agreement and
incorporated within the agreement as Appendix A. No payment shall be made by the
Department to the Grantee until all conditions specified in Appendix A have been satisfied.
5. Work Product: All intellectual property and all documents,including reports and all other
work products,produced by the Grantee under this grant agreement shall become and remain
the exclusive property of the Department, and shall not be copyrighted, patented, or
trademark registered by the Grantee except as authorized by the Department in a separate
agreement.
6. Release of Information: The Grantee shall not publish,disseminate,or otherwise release
any information acquired or produced pursuant to this grant without prior review and written
approval by the Department.
7. Health Insurance Portability and Accountability Act Compliance:Grantee shall comply
with the applicable provisions of the Health Insurance Portability and Accountability Act
(HIPAA),including,but not limited to statute,42 USC 132d,and applicable regulations,45
CFR 160, 162, and 164, as may be promulgated or amended over time.
8. Confidentiality: The Grantee agrees to protect from any and all disclosure all information
that identifies or could lead to the identity of recipients of services provided pursuant to this
grant. If the Grantee receives a request for information that may identify an individual,the
Grantee shall notify the Department immediately. A request for information includes a
subpoena,court order,Freedom of Information Act request,or a request from a researcher.
Any issue of whether the information is or may be identification information shall be
resolved by the Department.
9. Certifications:
9.1 The Grantee certifies under Section 50-5 of the Illinois Procurement Code that the
Grantee, or an officer or employee of the Grantee, (i) has not been convicted of
bribery or attempting to bribe an officer or employee of the State of Illinois;(ii)has
not made an admission of guilt of this improper conduct that is a matter of record;
and(iii)has not had an official, agent, or employee of the Grantee who committed
bribery or attempted bribery on behalf of the Grantee or pursuant to the direction or
authorization of a responsible official of the Grantee, 30 ILCS 500/50-5.
9.2 The Grantee certifies that the Grantee,or an officer or employee of the Grantee,has
not been barred from contracting with a unit of state or local government as a result
of violation of the bid-rigging or bid-rotating provisions of Sections 33E-3, 33E-4,
and 33E-11 of the Criminal Code of 1961, 720 ILCS 5/33E-3, 5/33E-4, 5/33E-11.
9.3 The Grantee certifies under the Discriminatory Club Act that the Grantee is not
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prohibited from selling goods or services to the State of Illinois because it pays dues
or fees on behalf of its employees or reimburses them,for payment of their dues or
fees to any club that unlawfully discriminates, 775 ILCS 25/Act.
9.4 The Grantee certifies that no Federal appropriated funds have been paid or will be
paid, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer or employee of any agency,a Member of Congress,an officer or
employee of Congress,or an employee of a Member of Congress in connection with
the awarding of any Federal contract,the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract,grant, loan, or cooperative agreement. •
9.5 The Grantee certifies that no funds provided pursuant to this grant agreement will be
used for publicity or propaganda purposes,for the preparation,distribution,or use of
any kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before Congress or the Illinois
General Assembly;and further certifies that no funds provided pursuant to this grant
agreement shall be used to pay the salary or expenses of any person which salary or
expenses are related to any activity designed to influence legislation or appropriations
pending before Congress or the Illinois General Assembly.
9.6 The Grantee certifies compliance with all provisions of the Drug Free Workplace
Act, 30 ILCS 580/Act.
9.7 The Grantee certifies that the Grantee is not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
grant agreement by any federal department or agency (45 CFR 76).
9.8 The Grantee certifies that it will not participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act.
9.9 The Grantee certifies that it has informed the Department in writing if an officer or
employee of the Grantee was formerly employed by the Department and the officer
or employee has received an early retirement incentive under Section 14-108.3 or 16-
133.3 of the Illinois Pension Code,40 ILCS 5/14-108.3 and 16-133.3. The Grantee
acknowledges and agrees that if this early retirement incentive was received, this
grant agreement is not valid unless the official executing the grant agreement has
made the appropriate filing with the Auditor General prior to execution.
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9.10 The Grantee certifies that it meets the requirements of Section 2-105 of the Illinois
Human Rights Act, 775 ILCS 5/2-105, and that it refrains from unlawful
discrimination based on citizenship status in employment and undertakes affirmative
action to assure equality of employment opportunity, and has written sexual
harassment policies.
9.11 The Grantee certifies in accordance with Section 50-10 of the Illinois Procurement
Code, 30 ILCS 500/50-10, that an officer or employee has not been convicted of a
felony in the past five years. If the officer or employee held responsible by a
prosecutorial office for the facts upon which the conviction was based no longer has
any involvement with the grantee, then the grantee shall be deemed in compliance
with this certification.
9.12 If the Grantee is a charitable organization subject to the Charitable Trust Act, 760
ILCS 55/Act, or the Solicitation for Charity Act, 225 ILCS 460/Act, the Grantee
certifies that all information required by these Acts has been filed with the Illinois
Attorney General.
9.13 The Grantee certifies compliance with the federal Davis-Bacon Act in the
construction and modification of buildings,40 USC 276a.
10. Conflict of Interest: The Grantee agrees to comply with Section 50-13 of the Illinois
Procurement Code prohibiting conflicts of interest,30 ILCS 500/50-13.
11. Unlawful Discrimination:
11.1 The Grantee agrees to act in conformity with Article 2 of the Illinois Human Rights
Act, 775 ILCS 5/Art. 2 and with Appendix A of the Procedures Applicable to All
Agencies,44 Ill.Admin.Code 750. APP. A.
11.2 The Grantee agrees to comply with the Federal Civil Rights Act of 1964,the Federal
Rehabilitation Act of 1973,the American with Disabilities Act,42 U.S.C. 12101 et
seq. and accompanying rules 28 CFR 35.130, and all other federal and State of
Illinois laws,regulations,or orders that prohibit discrimination because ofrace,color,
religion, sex, national origin, ancestry, age, marital status, or physical or mental
handicap. The Grantee certifies that it will provide to the Department prior to
executing the grant the most recent Equal Employment Opportunity Policy
Statement, Annual Affirmative Action Plan and Workforce Analysis Summary as
required to ensure compliance with Federal and State Civil Rights and the Americans
with Disabilities Act of 1990.
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12. Fiscal Responsibility:
12.1 The Department may use the Comptroller's Offset System to determine if any State
Agency is attempting to collect debt from the grantee according to Section 5 of the
Illinois State Collection Act of 1986, 30 ILCS 210/5.
12.2 Under this grant agreement, the grantee certifies that the grantee is authorized to
submit a proposal for or enter into a grant agreement with the Department because
the grantee is not delinquent in the payment of any debt to the State, unless the
grantee has entered into a deferred payment plan to pay off the debt. For purposes
of this Section, the phrase "delinquent in the payment of any debt" shall be
determined by the Debt Collection Board according to Section 50-11 of the Illinois
Procurement Code, 30 ILCS 500/50-11.
12.3 Under this grant agreement,the Grantee certifies that the grantee is not barred from
being awarded a grant under this Section and that the grantee acknowledges that the
Department may declare the grant void if the certification is false.
12.4 If, during the term of the grant, the Department determines that the grantee is
delinquent in the payment of debt as set forth in Section 50-11 of the Illinois
Procurement Code,30 ILCS 500/50-11,the Department may declare the grant void
if the Department determines that voiding the grant is in the best interest ofthe State
according to Section 50-60 of that Code, 30 ILCS 500/50-60.
13. Indemnification: Grantee agrees to indemnify,defend,and hold harmless the Department,
its employees, agents, and representatives from and against all claims, liabilities, losses,
expenses,and damages by whomever sustained arising or which may arise out of Grantee's
breach of any term, condition, or provision of this agreement or any representation or
warranty contained in this agreement or Grantee's failure to provide services hereunder or
errors,omissions,or defects in such services. These indemnities shall continue in full force
and effect subsequent to and notwithstanding the termination of this contract.Grantee shall
not prejudice the Department's right to recover against third parties for any loss,or damage
to Department property, and shall at the Department's request and expense furnish
reasonable assistance, including assistance in the prosecution of suit to obtain recovery. The
Grantee shall,at its expense,pay the costs of defense of the Department against all claims
asserted by any person that anything provided by Grantee infringes a patent,copyright,trade
secret, or other intellectual property right and shall, without limitation pay the costs,
damages,and attorney's fees awarded against the Department in any such action,or pay any
settlement of such action or claim. The Department assumes no liability for actions of
Grantee and is unable to indemnify Grantee for claims based on this grant.Any liability for
damages that the Department might have is expressly limited by and subject to the provisions
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of the Illinois Court of Claims Act, 705 ILCS 505/Act, and the availability of suitable
appropriations.
14. Insurance: If the Grantee's cost of property and casualty insurance increases by 25% or
more or if new state regulations impose additional costs to the Grantee during the term of this
grant agreement,then the Grantee may request the Department to review this grant agreement
and adjust the compensation or reimbursement provisions in the agreement under any
Agreement reached, which provisions are subject to the limitations of the Department's
appropriated funds. The Grantee agrees to comply with the requirements of the Department
of Central Management Services in Government Contracts, Procurement, and Property
Management set out in Title 44 of the Illinois Administrative Code.
15. Waiver: No delay or omission by any party in exercising any right, power, or privilege
under this agreement shall impair that right,power or privilege,nor shall any single or partial
exercise of any right,power or privilege preclude any further exercise of that right,power,
or privilege,or the exercise of any other right,power or privilege.
16. Amendments: This grant agreement may not be amended without prior written approval of
both the Grantee and the Department.
17. Assignment: The Grantee understands and agrees that this grant agreement may not be
sold, assigned, or transferred in any manner and that any actual or attempted sale,
assignment,or transfer without the prior written approval of the Department shall render this
grant agreement null,void, and of no further effect.
18. Civil Law Suits: This grant agreement is not subject to the State Employees Indemnification
Act, 5 ILCS 350/Act.
19. Solicitation and Employment: The Grantee shall not employ any person employed by the
Department at any time during the term of this grant to perform work required by the terms
of this grant.As a condition of this grant,the Grantee shall give written notice immediately
to the Department's Director if Grantee solicits or intends to solicit for employment any of
the Department's employees during the term of this grant.
20. Default: If the Grantee breaches any material term, condition, or provision of this grant
agreement,the Department may,upon 15 days prior written notice to the Grantee,cancel this
grant agreement. In the event of any wrongdoing or illegal act by the Grantee, the grant
agreement is immediately terminable by the Department. This remedy shall be in addition
to any other remedies available to the Department in law or in equity.
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21. Further Assurances: Each party agrees to do such further acts and things and to execute
and deliver such additional agreements and instruments,as any party may reasonably request
of the other, to carry out the provisions and purposes of this grant agreement or any
agreements related to this agreement.
22. Funds Remaining: All funds remaining at the end of the grant agreement or at the
expiration of the period of time that the grant funds are available for expenditure or
obligation by the Grantee shall be returned to the Department within 45 days after
notification by the Department under Section 5 of the Illinois Grant Funds Recovery Act,30
ILCS 705/5.
23. Controlling Terms: In the event of any conflict amongst the agreement,Basic Terms Form
C, and the terms of any appendix, exhibit, or other attachment or matter incorporated or
referenced within the agreement,the Basic Terms of this Form C shall be controlling.
24. Headings: The headings of the sections and paragraphs are inserted for convenience only
and shall not control or affect the meaning or construction of any of the provisions of this
grant agreement.
25. Entire Agreement: The Department and Grantee understand and agree that this grant
agreement constitutes the entire Agreement between them and that no promises, terms, or
conditions not recited or incorporated within this agreement,including prior Agreements or
oral discussions not incorporated within this agreement, shall be binding upon either the
Grantee or the Department.
26. The terms of this agreement shall be severable. In the event any of the terms or provisions
of this agreement are deemed void or otherwise unenforceable for any reason,the remainder
of this agreement shall remain in full force and effect.
. End .
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