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HomeMy WebLinkAbout23-202 Unsigned Resolution No. 23-202 RESOLUTION ACCEPTING A GRANT FROM THE METROPOLITAN MAYORS CAUCUS AND THE ILLINOIS DEPARTMENT OF HUMAN SERVICES (IDHS) REGARDING THE SUPPORTING MUNICIPALITIES FOR ASYLUM SEEKERS (SMASS) GRANT PROGRAM AND AUTHORIZING THE EXECUTION OF AN AGREEMENT RELATING THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , that the City of Elgin, Illinois hereby accepts the Metropolitan Mayors Caucus and the Illinois Department of Human Services (IDHS) Regarding the Supporting Municipalities for Asylum Seekers (SMASS) Grant Program Award in the amount of $1,270,699. 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 on behalf of the City of Elgin with the Metropolitan Mayors Caucus and the Illinois Department of Human Services (IDHS), regarding the Supporting Municipalities for Asylum Seekers (SMASS) Grant Program, in such form as approved by the Corporation Counsel. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 25, 2023 Adopted: October 25, 2023 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SUB -RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN AND CENTRO DE INFORMACION This SUB -RECIPIENT AGREEMENT is entered into as of the day of , 2023, by and between the CITY OF ELGIN, an Illinois municipal corporation (the "City" or "Recipient") and CENTER FOR INFORMATION OF ELGIN d/b/a CENTRO DE INFORMACION, a not -for -profit corporation incorporated pursuant to the laws of the State of Illinois, having a principal place of business at 1885 Lin Lor Lane, Elgin, Illinois, 60123 (the "Sub -Recipient" or "Sub -Grantee"). I. RECITALS A. The Illinois Department of Human Services (the "IDHS" or "Grantor") is the agency of the State of Illinois designated to administer $42.5 million in aid for eligible asylum seekers via the Supporting Municipalities for Asylum Seeker Services (SMASS) grant. B. The Metropolitan Mayors Caucus (the "Caucus") and IDHS entered into an Agreement (the "Grant Agreement"), whereby the Caucus, as Regional Intermediary, has agreed to manage the distribution and administration of the SMASS grant program. Throughout the period of the grant, the Caucus will support Grantees by (a) monitoring Grantees performance and use of grant funds, (b) distributing grant payments, and (c) assisting Grantees via site visits, hosting virtual webinars to share best practices and inform future strategy building, etc. C. City has applied for an SMASS grant from the IDHS and was awarded a grant in the total amount of $1,270,699, to be distributed and administered by the Caucus (the "SMASS Grant"). D. The City and the Caucus are parties to the SMASS FY24 Grant Acceptance Form, which incorporates by reference the SMASS FY24 Recipient Assurances and Requirements document (the "Recipient Assurances and Requirements"), attached hereto as Exhibit 1 and incorporated herein by this reference. Said Recipient Assurances and Requirements document contains as Attachment A the Grant Agreement between the Caucus and IDHS, and provides that the City shall perform consistent with the terms, conditions, and provisions in the Grant Agreement and pursuant to the duties and responsibilities imposed by IDHS under the laws of the State of Illinois, and further provides that any contracts with approved Sub -Recipients shall also be subject to these same requirements. E. The services to be provided by Sub -Recipient pursuant to this Agreement were set forth in the City's application for the SMASS Grant, and the provision of such services by Sub -Recipient and the distribution of grant funds to Sub -Recipient are each reflected in the grant award to the City under the Work Plan (Attachment B) and Budget (Attachment C) of the Recipient Assurances and Requirements. 1 F. The City and Sub -Recipient enter into this Agreement pursuant to their respective authority to enter into such agreements, and do hereby agree as follows: II. AMOUNT OF GRANT; REPORTING REQUIREMENTS; PAYMENT PROCEDURE A. The City shall distribute to Sub -Recipient, as Sub -Recipient's portion of the total SMASS Grant received by the City, and in consideration of the Sub -Recipient's undertaking to participate in the grant program in the manner set forth herein, a grant in an amount not -to -exceed $1,152,899 (hereinafter "Grant Funds"). B. Sub -Recipient is required to submit a monthly Progress Report to the City describing activities on grant progress and a monthly Budget Expenditures Report, including receipts for purchases totaling $1,000 or more, by the 5th day of the following calendar month, until the conclusion of the grant period. Sub - Recipient shall familiarize itself with the monthly reporting forms and keep careful ledgers and other records of all costs related to this grant. For each expense Sub -Recipient must provide evidence of: • the nature of the good or service and cost; • the date(s) it was acquired or performed; • the provider of the good or service (employees or vendors); • and proof of payment. C. The City shall reimburse the Sub -Recipient on a monthly basis for the total amount approved for the prior month following receipt, review, and approval of the monthly Progress Report and Budget Expenditures Report. Any reporting submissions made after the 5th day of a calendar month will be included in the following month's submission and review. Any payments or reimbursement to the Sub -Recipient under this Agreement shall be subject to and expressly conditioned upon the City receiving reimbursement for such expenditures from the Caucus pursuant to SMASS Grant and the Recipient Assurances and Requirements. The Progress Report and Budget Expenditures Report must be submitted monthly via e-mail to the City and addressed to: Karina Nava, Assistant City Manager, City of Elgin, 150 Dexter Court, Elgin, IL, 60120-5555, nava k@cityofelgin.org. D. The Recipient Assurances and Requirements provides that the SMASS Grant will cover July 1, 2023, to June 30, 2024. Sub -Recipient may incur eligible grant - related costs for this time period. Grant funding not expended by the conclusion of the funding period must be returned to IDHS via the Caucus and the City. E. Revisions to the approved budget are not allowed without prior written approval by the City, and shall be subject to and conditioned upon approval of any such budget revisions by the Caucus. 2 II1. SCOPE OF THE PROJECT A. Those portions of the Work Plan and Budget attached as Attachment B and Attachment C to the Recipient Assurances and Requirements identified as being performed by Sub -Recipient shall serve as the scope of work for the services to be provided by Sub -Recipient. Sub -Recipient hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Recipient Assurances and Requirements document and the attachments thereto, said activities generally consisting of the following: • Provide up to seven months of rental assistance to help families transition into permanent housing. • Provide housing counseling, landlord advocacy, education on navigating public transportation, and other wraparound services to help families integrate into the community. • Provide a thorough intake of new arrivals and asylum seekers, offering various forms of support (information, education, translation, employment and housing counseling, advocacy, clothing donations, and internal and external referrals). • Provide legal supports, including asylum workshops, preliminary screenings, and the assistance of immigration counselors and immigration attorneys. B. All funding provided to Sub -Recipient shall be used solely to reimburse Sub - Recipient for the Subject Services. All expenditures must support the Recipient's and Sub -Recipient's work plan activities, be directed towards Eligible Services for Eligible Asylum Seekers, and conform with the terms and conditions in Recipient Assurances and Requirements document and the attachments thereto. For purposes of the program and this Agreement, Asylum Seeker is defined as "an individual who crossed the Mexico/U.S. border on or after August 1, 2022, with the intent to stay permanently, and who does not possess any permanent or interim U.S. legal status (which does not include being in parole status), such as legal permanent residency, a student or work visa, etc." C. Sub -Recipient must work with the City to complete the work, expend funding, and meet performance metrics as proposed. Sub -Recipient must communicate to the City any significant changes that may emerge and obtain approval from the City for such significant changes, such as change in the Subject Services, the expenditure of funds, or key personnel responsible for administering any aspect of the SMASS program. IV. SUBRECIPIENT'S COMPLIANCE WITH THE SMASS GRANT REQUIREMENTS A. This Agreement is subject to the terms, conditions, and provisions of the Recipient Assurances and Requirements document and the attachments thereto, and the City and the Sub -Recipient shall perform under this Agreement consistent 3 with the terms, conditions, and provisions of the Recipient Assurances and Requirements and the attachments thereto, including but not limited to the requirements contained in the Grant Agreement between the Caucus and IDHS. B. In accordance with the Grant Agreement between the Caucus and IDHS, as appropriate and to the extent consistent with law, the Sub -Recipient must, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards and in all contracts and purchase orders for work or products under this grant. C. The Recipient shall immediately notify the City of changes that impact the timely completion of activities supported under this grant. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. D. Sub -Recipient must submit a W-9 tax form to the City prior to or in conjunction with any request for reimbursement under this Agreement. E. Sub -Recipient certifies the Recipient Assurances and Requirements document and the attachments thereto have been reviewed and approved, and that Sub -Recipient agrees to the terms and conditions set forth therein. The signatures below certify that such signatories are authorized to act in their respective areas for matters related to this Agreement. Sub -Recipient acknowledges that this reimbursement grant to Sub -Recipient is made solely upon this certification and that any false statements, misrepresentations, or material omissions contained herein, or which were made to the City in conjunction with the City's application for the SMASS Grant, shall be the basis for immediate termination of this Agreement and repayment of all Grant Funds. V. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. The City may terminate this Agreement or may suspend payment of Grant Funds to Sub -Recipient for Sub -Recipient's substantial breach of the Agreement, abandonment of the Subject Services, or occurrence rendering impossible the performance by Sub -Recipient of this Agreement. B. The City may suspend payments of Grant Funds due to use of funds in a manner unrelated to Sub -Recipient's performing the Subject Services, failure by Sub - Recipient in submitting supporting information or documentation for a claim, submission by Sub -Recipient of incorrect or incomplete reports, or Sub - Recipient's suspension of its performance of the Subject Services. C. In the event the City elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section V, it shall rd notify the Sub -Recipient, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the Sub -Recipient to refute the alleged deficiency at a time prior to the City's taking such action. After allowing the Sub - Recipient the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of the City, the City may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the City under this paragraph shall relieve the Sub -Recipient of its liability to the City for any funds expended in violation of any of the terms of this Agreement. VI. REMEDIES A. To the fullest extent permitted by law, Sub -Recipient agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this agreement by Sub - Recipient; violation of any statutes, rules and regulations, directly or indirectly, by Sub -Recipient and/or any of its agents or representatives; or any negligent acts or omissions of Sub -Recipient or of Sub -Recipient's officers, employees, agents or subcontractors. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of a violation or breach of this Agreement, or of the Recipient Assurances and Requirements, or of any violation of the statutes, rules, and regulations of IDHS, by the City, and/or any of its agents or representatives, the City's liability to Sub -Recipient shall be limited to any Grant Funds that have previously been provided to Sub -Recipient pursuant to this Agreement or such Grant Funds for which the Sub -Recipient would have been entitled to receive as reimbursement under this Agreement for expenses incurred prior to such violation or breach. Sub -Recipient hereby waives and releases the City from any and all other claims or liability pursuant to any such breach, misuse, misapplication, or violation of any such agreements, statutes, rules, or regulations. C. In the event IDHS, or any other state agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section VI, then the City or Sub -Recipient shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive jurisdiction under applicable state or federal law, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the City and 5 Sub -Recipient shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to the City, if the City has lost or been prevented from receiving any state or federal funds as a result of any alleged violation of law or other breach of this Agreement by Sub -Recipient, the Sub - Recipient shall repay, upon demand by the City, such amount of Grant Funds previously disbursed or allegedly due to the Sub -Recipient. XII. MISCELLANEOUS PROVISIONS A. This Agreement constitutes the entire agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. This Agreement is made subject to SMASS Grant Agreement between the Caucus and the IDHS, and the Recipient Assurances and Requirements Agreement between the City and the Caucus, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. Sub -Recipient shall not assign this Agreement or any part thereof and Sub - Recipient shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the City having first been obtained. D. The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. E. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. F. This Agreement shall not be construed to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. G. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. R IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: DATE: r Richard G. Kozal, City Manager ATTES _ Kimberly , City Clerk CENTRO DE INFORM.A.CION, an Illinois Not -For -Profit Corporation �agl a3 BY: t DATE:.- Dianha Ortega Ehret, ec4tive Director ATTEST: 7 EXHIBIT 1 SUPPORTING MUNCIPALITIES FOR ASYLUM SEEKERS SERVICES GRANT FISCAL YEAR 2024 RECIPIENT ASSURANCES AND REQUIREMENTS BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN MAYORS CAUCUS (INCLUDING ATTACHMENTS A, B AND C THERETO) Rj SUB -RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN AND FOOD FOR GREATER ELGIN This SUB -RECIPIENT AGREEMENT is entered into as of the day of 2023, by and between the CITY OF ELGIN, an Illinois municipal corporation (the "City" or "Recipient") and FOOD FOR GREATER ELGIN a not -for -profit corporation incorporated pursuant to the laws of the State of Illinois, having a principal place of business at 1553 Commerce Drive, Elgin, Illinois, 60123 (the "Sub -Recipient" or "Sub - Grantee"). RECITALS A. The Illinois Department of Human Services (the "IDHS" or "Grantor") is the agency of the State of Illinois designated to administer $42.5 million in aid for eligible asylum seekers via the Supporting Municipalities for Asylum Seeker Services (SMASS) grant. B. The Metropolitan Mayors Caucus (the "Caucus") and IDHS entered into an Agreement (the "Grant Agreement"), whereby the Caucus, as Regional Intermediary, has agreed to manage the distribution and administration of the SMASS grant program. Throughout the period of the grant, the Caucus will support Grantees by (a) monitoring Grantees performance and use of grant funds, (b) distributing grant payments, and (c) assisting Grantees via site visits, hosting virtual webinars to share best practices and inform future strategy building, etc. C. City has applied for an SMASS grant from the IDHS and was awarded a grant in the total amount of $1,270,699, to be distributed and administered by the Caucus (the "SMASS Grant"). D. The City and the Caucus are parties to the SMASS FY24 Grant Acceptance Form, which incorporates by reference the SMASS FY24 Recipient Assurances and Requirements document (the "Recipient Assurances and Requirements"), attached hereto as Exhibit 1 and incorporated herein by this reference. Said Recipient Assurances and Requirements document contains as Attachment A the Grant Agreement between the Caucus and IDHS, and provides that the City shall perform consistent with the terms, conditions, and provisions in the Grant Agreement and pursuant to the duties and responsibilities imposed by IDHS under the laws of the State of Illinois, and further provides that any contracts with approved Sub -Recipients shall also be subject to these same requirements. E. The services to be provided by Sub -Recipient pursuant to this Agreement were set forth in the City's application for the SMASS Grant, and the provision of such services by Sub -Recipient and the distribution of grant funds to Sub -Recipient are each reflected in the grant award to the City under the Work Plan (Attachment B) and Budget (Attachment C) of the Recipient Assurances and Requirements. F. The City and Sub -Recipient enter into this Agreement pursuant to their respective authority to enter into such agreements, and do hereby agree as follows: II. AMOUNT OF GRANT; REPORTING REQUIREMENTS; PAYMENT PROCEDURE A. The City shall distribute to Sub -Recipient, as Sub -Recipient's portion of the total SMASS Grant received by the City, and in consideration of the Sub -Recipient's undertaking to participate in the grant program in the manner set forth herein, a grant in an amount not -to -exceed $67,400 (hereinafter "Grant Funds"). B. Sub -Recipient is required to submit a monthly Progress Report to the City describing activities on grant progress and a monthly Budget Expenditures Report, including receipts for purchases totaling $1,000 or more, by the 5th day of the following calendar month, until the conclusion of the grant period. Sub - Recipient shall familiarize itself with the monthly reporting forms and keep careful ledgers and other records of all costs related to this grant. For each expense Sub -Recipient must provide evidence of: • the nature of the good or service and cost; • the date(s) it was acquired or performed; • the provider of the good or service (employees or vendors); • and proof of payment. C. The City shall reimburse the Sub -Recipient on a monthly basis for the total amount approved for the prior month following receipt, review, and approval of the monthly Progress Report and Budget Expenditures Report. Any reporting submissions made after the 5th day of a calendar month will be included in the following month's submission and review. Any payments or reimbursement to the Sub -Recipient under this Agreement shall be subject to and expressly conditioned upon the City receiving reimbursement for such expenditures from the Caucus pursuant to SMASS Grant and the Recipient Assurances and Requirements. The Progress Report and Budget Expenditures Report must be submitted monthly via e-mail to the City and addressed to: Karma Nava, Assistant City Manager, City of Elgin, 150 Dexter Court, Elgin, IL, 60120-5555, nava_k@cityofelgin.org. D. The Recipient Assurances and Requirements provides that the SMASS Grant will cover July 1, 2023, to June 30, 2024. Sub -Recipient may incur eligible grant - related costs for this time period. Grant funding not expended by the conclusion of the funding period must be returned to IDHS via the Caucus and the City. E. Revisions to the approved budget are not allowed without prior written approval by the City, and shall be subject to and conditioned upon approval of any such budget revisions by the Caucus. 2 III. SCOPE OF THE PROJECT A. Those portions of the Work Plan and Budget attached as Attachment B and Attachment C to the Recipient Assurances and Requirements identified as being performed by Sub -Recipient shall serve as the scope of work for the services to be provided by Sub -Recipient. Sub -Recipient hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Recipient Assurances and Requirements document and the attachments thereto, said activities generally to include having sufficient personnel, equipment, and food supplies for the provision of food to eligible recipients. B. All funding provided to Sub -Recipient shall be used solely to reimburse Sub - Recipient for the Subject Services. All expenditures must support the Recipient's and Sub -Recipient's work plan activities, be directed towards Eligible Services for Eligible Asylum Seekers, and conform with the terms and conditions in Recipient Assurances and Requirements document and the attachments thereto. For purposes of the program and this Agreement, Asylum Seeker is defined as "an individual who crossed the Mexico/U.S. border on or after August 1, 2022, with the intent to stay permanently, and who does not possess any permanent or interim U.S. legal status (which does not include being in parole status), such as legal permanent residency, a student or work visa, etc." C. Sub -Recipient must work with the City to complete the work, expend funding, and meet performance metrics as proposed. Sub -Recipient must communicate to the City any significant changes that may emerge and obtain approval from the City for such significant changes, such as change in the Subject Services, the expenditure of funds, or key personnel responsible for administering any aspect of the SMASS program. IV. SUBRECIPIENT'S COMPLIANCE WITH THE SMASS GRANT REQUIREMENTS A. This Agreement is subject to the terms, conditions, and provisions of the Recipient Assurances and Requirements document and the attachments thereto, and the City and the Sub -Recipient shall perform under this Agreement consistent with the terms, conditions, and provisions of the Recipient Assurances and Requirements and the attachments thereto, including but not limited to the requirements contained in the Grant Agreement between the Caucus and IDHS. B. In accordance with the Grant Agreement between the Caucus and IDHS, as appropriate and to the extent consistent with law, the Sub -Recipient must, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards and in all contracts and purchase orders for work or products under this grant. 3 C. The Recipient shall immediately notify the City of changes that impact the timely completion of activities supported under this grant. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. D. Sub -Recipient must submit a W-9 tax form to the City prior to or in conjunction with any request for reimbursement under this Agreement. E. Sub -Recipient certifies the Recipient Assurances and Requirements document and the attachments thereto have been reviewed and approved, and that Sub -Recipient agrees to the terms and conditions set forth therein. The signatures below certify that such signatories are authorized to act in their respective areas for matters related to this Agreement. Sub -Recipient acknowledges that this reimbursement grant to Sub -Recipient is made solely upon this certification and that any false statements, misrepresentations, or material omissions contained herein, or which were made to the City in conjunction with the City's application for the SMASS Grant, shall be the basis for immediate termination of this Agreement and repayment of all Grant Funds. V. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. The City may tenninate this Agreement or may suspend payment of Grant Funds to Sub -Recipient for Sub -Recipient's substantial breach of the Agreement, abandonment of the Subject Services, or occurrence rendering impossible the performance by Sub -Recipient of this Agreement. B. The City may suspend payments of Grant Funds due to use of funds in a manner unrelated to Sub -Recipient's performing the Subject Services, failure by Sub - Recipient in submitting supporting information or documentation for a claim, submission by Sub -Recipient of incorrect or incomplete reports, or Sub - Recipient's suspension of its performance of the Subject Services. C. In the event the City elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section V, it shall notify the Sub -Recipient, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the Sub -Recipient to refute the alleged deficiency at a time prior to the City's taking such action. After allowing the Sub - Recipient the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of the City, the City may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the City under this paragraph shall relieve the Sub -Recipient of its liability to the City for any funds expended in violation of any of the terms of this Agreement. VI. REMEDIES A. To the fullest extent permitted by law, Sub -Recipient agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this agreement by Sub - Recipient; violation of any statutes, rules and regulations, directly or indirectly, by Sub -Recipient and/or any of its agents or representatives; or any negligent acts or omissions of Sub -Recipient or of Sub -Recipient's officers, employees, agents or subcontractors. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of a violation or breach of this Agreement, or of the Recipient Assurances and Requirements, or of any violation of the statutes, rules, and regulations of IDHS, by the City, and/or any of its agents or representatives, the City's liability to Sub -Recipient shall be limited to any Grant Funds that have previously been provided to Sub -Recipient pursuant to this Agreement or such Grant Funds for which the Sub -Recipient would have been entitled to receive as reimbursement under this Agreement for expenses incurred prior to such violation or breach. Sub -Recipient hereby waives and releases the City from any and all other claims or liability pursuant to any such breach, misuse, misapplication, or violation of any such agreements, statutes, rules, or regulations. C. In the event IDHS, or any other state agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section VI, then the City or Sub -Recipient shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive jurisdiction under applicable state or federal law, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the City and Sub -Recipient shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to the City, if the City has lost or been prevented from receiving any state or federal funds as a result of any alleged violation of law or other breach of this Agreement by Sub -Recipient, the Sub - Recipient shall repay, upon demand by the City, such amount of Grant Funds previously disbursed or allegedly due to the Sub -Recipient. 5 XII. MISCELLANEOUS PROVISIONS A. This Agreement constitutes the entire agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. This Agreement is made subject to SMASS Grant Agreement between the Caucus and the IDHS, and the Recipient Assurances and Requirements Agreement between the City and the Caucus, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. Sub -Recipient shall not assign this Agreement or any part thereof and Sub - Recipient shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the City having first been obtained. D. The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. E. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. F. This Agreement shall not be construed to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. G. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. R IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF EL�]3�„' an Illinois Municipal Corporation Richar�Go�za, tMa ATTE KimberlyLlbjwis, City Clerk DATE/4;'�e FOOD FOR GREATER ELGIN, an Illinois Not -For -Profit Corporation BY: _ DATE: Andres Diez, Executive irector ATTEST: Legal DeptlAgreement\Agr-Subrecipient-SMASS Grant -Food for Greater Elgin 11-16-23.docx 7 ,b EXHIBIT I SUPPORTING MUNCIPALITIES FOR ASYLUM SEEKERS SERVICES GRANT FISCAL YEAR 2024 RECIPIENT ASSURANCES AND REQUIREMENTS BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN MAYORS CAUCUS (INCLUDING ATTACHMENTS A, B AND C THERETO) SUB -RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN AND WELL CHILD CENTER This SUB -RECIPIENT AGREEMENT . is entered into as of the day of , 2023, by and between the CITY OF ELGIN, an Illinois municipal corporation (the "City" or "Recipient") and WELL CHILD CONFERENCE OF ELGIN d/b/a WELL CHILD CENTER a not -for -profit corporation incorporated pursuant to the laws of the State of Illinois, having a principal place of business at 620 Wing Street, Suite #2, Elgin, Illinois, 60123 (the "Sub -Recipient" or "Sub -Grantee"). RECITALS A. The Illinois Department of Human Services (the "IDHS" or "Grantor") is the agency of the State of Illinois designated to administer $42.5 million in aid for eligible asylum seekers via the Supporting Municipalities for Asylum Seeker Services (SMASS) grant. B. The Metropolitan Mayors Caucus (the "Caucus") and IDHS entered into an Agreement (the "Grant Agreement"), whereby the Caucus, as Regional Intermediary, has agreed to manage the distribution and administration of the SMASS grant program. Throughout the period of the grant, the Caucus will support Grantees by (a) monitoring Grantees performance and use of grant funds, (b) distributing grant payments, and (c) assisting Grantees via site visits, hosting virtual webinars to share best practices and inform future strategy building, etc. C. City has applied for an SMASS grant from the IDHS and was awarded a grant in the total amount of $1,270,699, to be distributed and administered by the Caucus (the "SMASS Grant"). D. The City and the Caucus are parties to the SMASS FY24 Grant Acceptance Form, which incorporates by reference the SMASS FY24 Recipient Assurances and Requirements document (the "Recipient Assurances and Requirements"), attached hereto as Exhibit 1 and incorporated herein by this reference. Said Recipient Assurances and Requirements document contains as Attachment A the Grant Agreement between the Caucus and IDHS, and provides that the City shall perform consistent with the terms, conditions, and provisions in the Grant Agreement and pursuant to the duties and responsibilities imposed by IDHS under the laws of the State of Illinois, and further provides that any contracts with approved Sub -Recipients shall also be subject to these same requirements. E. The services to be provided by Sub -Recipient pursuant to this Agreement were set forth in the City's application for the SMASS Grant, and the provision of such services by Sub -Recipient and the distribution of grant funds to Sub -Recipient are each reflected in the grant award to the City under the Work Plan (Attachment B) and Budget (Attachment C) of the Recipient Assurances and Requirements. F. The City and Sub -Recipient enter into this Agreement pursuant to their respective authority to enter into such agreements, and do hereby agree as follows: II. AMOUNT OF GRANT; REPORTING REQUIREMENTS; PAYMENT PROCEDURE A. The City shall distribute to Sub -Recipient, as Sub -Recipient's portion of the total SMASS Grant received by the City, and in consideration of the Sub -Recipient's undertaking to participate in the grant program in the manner set forth herein, a grant in an amount not -to -exceed $50,400 (hereinafter "Grant Funds"). B. Sub -Recipient is required to submit a monthly Progress Report to the City describing activities on grant progress and a monthly Budget Expenditures Report, including receipts for purchases totaling $1,000 or more, by the 5th day of the following calendar month, until the conclusion of the grant period. Sub - Recipient shall familiarize itself with the monthly reporting forms and keep careful ledgers and other records of all costs related to this grant. For each expense Sub -Recipient must provide evidence of: • the nature of the good or service and cost; • the date(s) it was acquired or performed; • the provider of the good or service (employees or vendors); • and proof of payment. C. The City shall reimburse the Sub -Recipient on a monthly basis for the total amount approved for the prior month following receipt, review, and approval of the monthly Progress Report and Budget Expenditures Report. Any reporting submissions made after the 5th day of a calendar month will be included in the following month's submission and review. Any payments or reimbursement to the Sub -Recipient under this Agreement shall be subject to and expressly conditioned upon the City receiving reimbursement for such expenditures from the Caucus pursuant to SMASS , Grant and the Recipient Assurances and Requirements. The Progress Report and Budget Expenditures Report must be submitted monthly via e-mail to the City and addressed to: Karina Nava, Assistant City Manager, City of Elgin, 150 Dexter Court, Elgin, IL, 60120-5555, nava_k@cityofelgin.org. D. The Recipient Assurances and Requirements provides that the SMASS Grant will cover July 1, 2023, to June 30, 2024. Sub -Recipient may incur eligible grant - related costs for this time period. Grant funding not expended by the conclusion of the funding period must be returned to IDHS via the Caucus and the City. E. Revisions to the approved budget are not allowed without prior written approval by the City, and shall be subject to and conditioned upon approval of any such budget revisions by the Caucus. 2 III. SCOPE OF THE PROJECT A. Those portions of the Work Plan and Budget attached as Attachment B and Attachment C to the Recipient Assurances and Requirements identified as being performed by Sub -Recipient shall serve as the scope of work for the services to be provided by Sub -Recipient. Sub -Recipient hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Recipient Assurances and Requirements document and the attachments thereto, said activities generally consisting of providing dental healthcare, including providing preventative and restorative dental services, supplies, and materials. B. All funding provided to Sub -Recipient shall be used solely to reimburse Sub - Recipient for the Subject Services. All expenditures must support the Recipient's and Sub -Recipient's work plan activities, be directed towards Eligible Services .for Eligible Asylum Seekers, and conform with the terms and conditions in Recipient Assurances and Requirements document and the attachments thereto. For purposes of the program and this Agreement, Asylum Seeker is defined as "an individual who crossed the Mexico/U.S. border on or after August 1, 2022, with the intent to stay permanently, and who does not possess any permanent or interim U.S. legal status (which does not include being in parole status), such as legal permanent residency, a student or work visa, etc." C. Sub -Recipient must work with the City to complete the work, expend funding, and meet performance metrics as proposed. Sub -Recipient must communicate to the City any significant changes that may emerge and obtain approval from the City for such significant changes, such as change in the Subject Services, the expenditure of funds, or key personnel responsible for administering any aspect of the SMASS program. IV. SUBRECIPIENT'S COMPLIANCE WITH THE SMASS GRANT REQUIREMENTS A. This Agreement is subject to the terms, conditions, and provisions of the Recipient Assurances and Requirements document and the attachments thereto, and the City and the Sub -Recipient shall perform under this Agreement consistent with the terms, conditions, and provisions of the Recipient Assurances and Requirements and the attachments thereto, including but not limited to the requirements contained in the Grant Agreement between the Caucus and IDHS. B. In accordance with the Grant Agreement between the Caucus and IDHS, as appropriate and to the extent consistent with law, the Sub -Recipient must, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards and in all contracts and purchase orders for work or products under this grant. 3 C. The Recipient shall immediately notify the City of changes that impact the timely completion of activities supported under this grant. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. D. Sub -Recipient must submit a W-9 tax form to the City prior to or in conjunction with any request for reimbursement under this Agreement. E. Sub -Recipient certifies the Recipient Assurances and Requirements document and the attachments thereto have been reviewed and approved, and that Sub -Recipient agrees to the terms and conditions set forth therein. The signatures below certify that such signatories are authorized to act in their respective areas for matters related to this Agreement. Sub -Recipient acknowledges that this reimbursement grant to Sub -Recipient is made solely upon this certification and that any false statements, misrepresentations, or material omissions contained herein, or which were made to the City in conjunction with the City's application for the SMASS Grant, shall be the basis for immediate termination of this Agreement and repayment of all Grant Funds. V. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. The City may terminate this Agreement or may suspend payment of Grant Funds to Sub -Recipient for Sub -Recipient's substantial breach of the Agreement, abandonment of the Subject Services, or occurrence rendering impossible the performance by Sub -Recipient of this Agreement. B. The City may suspend payments of Grant Funds due to use of funds in a manner unrelated to Sub -Recipient's performing the Subject Services, failure by Sub - Recipient in submitting supporting information or documentation for a claim, submission by Sub -Recipient of incorrect or incomplete reports, or Sub - Recipient's suspension of its performance of the Subject Services. C. In the event the City elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section V, it shall notify the Sub -Recipient, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the Sub -Recipient to refute the alleged deficiency at a time prior to the City's taking such action. After allowing the Sub - Recipient the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of the City, the City may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the City under this paragraph shall relieve the Sub -Recipient of its liability to the City for any funds expended in violation of any of the terms of this Agreement. M VI. REMEDIES A. To the fullest extent permitted by law, Sub -Recipient agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this agreement by Sub - Recipient; violation of any statutes, rules and regulations, directly or indirectly, by Sub -Recipient and/or any of its agents or representatives; or any negligent acts or omissions of Sub -Recipient or of Sub -Recipient's officers, employees, agents or subcontractors. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of a violation or breach of this Agreement, or of the Recipient Assurances and Requirements, or of any violation of the statutes, rules, and regulations of IDHS, by the City, and/or any of its agents or representatives, the City's liability to Sub -Recipient shall be limited to any Grant Funds that have previously been provided to Sub -Recipient pursuant to this Agreement or such Grant Funds for which the Sub -Recipient would have been entitled to receive as reimbursement under this Agreement for expenses incurred prior to such violation or breach. Sub -Recipient hereby waives and releases the City from any and all other claims or liability pursuant to any such breach, misuse, misapplication, or violation of any such agreements, statutes, rules, or regulations. C. In the event IDHS, or any other state agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section VI, then the City or Sub -Recipient shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive jurisdiction under applicable state or federal law, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the City and Sub -Recipient shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to the City, if the City has lost or been prevented from receiving any state or federal funds as a result of any alleged violation of law or other breach of this Agreement by Sub -Recipient, the Sub - Recipient shall repay, upon demand by the City, such amount of Grant Funds previously disbursed or allegedly due to the Sub -Recipient. XII. MISCELLANEOUS PROVISIONS A. This Agreement constitutes the entire agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. This Agreement is made subject to SMASS Grant Agreement between the Caucus and the IDHS, and the Recipient Assurances and Requirements Agreement between the City and the Caucus, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. Sub -Recipient shall not assign this Agreement or any part thereof and Sub - Recipient shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the City having first been obtained. D. The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. E. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. F. This Agreement shall not be construed to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. G. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. M IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGI n Illinois Municipal Corporation oe- BY: DATE: Richard G. Kozal, City Manager ATTES Kimberly s, City Clerk WELL CHILD CENTER, an Illinois Not -For -Profit Corporation BY: Michelle Esquivel, Executive Director ATTEST: Pat Baeder DATE: November 29, 2023 Legal Dept\AgreementlAgr-Subrecipient-SMASS Grant -Well Child Center 11-16-23.docx 7 EXHIBIT 1 SUPPORTING MUNCIPALITIES FOR ASYLUM SEEKERS SERVICES GRANT FISCAL YEAR 2024 RECIPIENT ASSURANCES AND REQUIREMENTS BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN MAYORS CAUCUS (INCLUDING ATTACHMENTS A, B AND C THERETO) Recipient Assurances and Requirements 1 Supporting Municipalities for Asylum Seekers Services Grant Fiscal Year 2024 Recipient Assurances and Requirements Cooperating Agencies Regional Intermediary: Metropolitan Mayors Caucus Funder: Illinois Department of Human Services Recipient or Grantee: City of Elgin Sub-Recipients or Sub-Grantees: Centro de Informacion, Food for Greater Elgin, Well Child Center Recipient Project Implementation Terms THE UNIFORM TERMS RECITALS: The Illinois Department of Human Services (“IDHS” or “Grantor”) is the agency of the State of Illinois designated to administer $42.5 million in aid for eligible asylum seekers via the Supporting Municipalities for Asylum Seeker Services (SMASS) grant. The Metropolitan Mayors Caucus (“Caucus”) and IDHS entered into an Agreement (the “Prime Contract”), whereby the Caucus, as Regional Intermediary, has agreed to manage the distribution and administration of the SMASS grant program. Throughout the period of the grant, the Caucus will support Grantees by (a) monitoring Grantees performance and use of grant funds, (b) distributing grant payments, and (c) assisting Grantees via site visits, hosting virtual webinars to share best practices and inform future strategy building, etc. The Parties to the SMASS FY24 Grant Acceptance Form shall perform consistent with all 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 in the Grant Agreement between the Caucus and IDHS (see Attachment A). Recipients shall enter into any contracts with approved Sub-Recipients or Sub-Grantees with these same requirements. The Parties hereto do hereby agree as follows: A.Scope of Work Recipient Assurances and Requirements 2 The Work Plan and Budget (Attachment B and C) serve as the “Scope of Work” for the SMASS grant. Recipient’s Work Plan and Budget shall be submitted along with its SMASS FY24 Grant Acceptance Form. Recipient must work with the Caucus to complete the work, expend funding and meet performance metrics as proposed. Recipient must communicate to the Caucus any significant changes that may emerge and obtain approval from the Caucus for such significant changes, such as change in the Work Plan, the expenditure of funds, or key personnel responsible for administering any aspect of the SMASS program. B. Budget Revisions Revisions to the approved Budget greater than 10 % per any line item, and in the aggregate, are not allowed without prior approval by the Caucus. C. Grant Period The Grant is effective when the SMASS FY24 Grant Acceptance Form is signed by both the Recipient and the Caucus, and will cover July 1, 2023 to June 30, 2024. Recipients may incur eligible grant-related costs for this time period. Funding not expended by the conclusion of the funding period must be returned to IDHS via the Caucus. D. Use of Funds Funds are to be expended only for services and goods described in the attached Work Plan and Budget. All expenditures must support the Recipient’s and Sub-Recipient’s work plan activities, be directed towards Eligible Services for Eligible Asylum Seekers, and confirm with the terms and conditions in Attachment A. For purposes of this program, Asylum Seeker is defined as “an individual who crossed the Mexico/U.S. border on or after August 1, 2022, with the intent to stay permanently, and who does not possess any permanent or interim U.S. legal status (which does not include being in parole status), such as legal permanent residency, a student or work visa, etc.” In accordance with the Grant Agreement between the Caucus and IDHS, as appropriate and to the extent consistent with law, the Recipient must, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards and in all contracts and purchase orders for work or products under this Grant. E. Notification The Recipient shall immediately notify the Caucus of changes that impact the timely completion of activities supported under this grant. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. F. Reporting Requirements Grantees are required to submit a monthly Progress Report to the Caucus describing activities on grant progress and a monthly Budget Expenditures Report, including receipts for purchases totaling $1,000 or more, by the 7th of the following month, until the conclusion of the grant period. Grantees shall Recipient Assurances and Requirements 3 familiarize themselves with the monthly reporting forms, and keep careful ledgers and other records of all costs related to this grant. For each expense Grantees must provide evidence of: • The nature of the good or service and cost; • the date(s) it was acquired or performed; • the provider of the good or service (employees or vendors); • and proof of payment. G. Payment Procedure The Caucus will reimburse grant recipients on a monthly basis for the total amount approved for the prior month following receipt, review and approval of the monthly Progress Report and Budget Report. Any reporting submissions made after the 7 th will be included in the following month’s submission and review. The Progress Report and Budget Report must be submitted monthly via email to the Metropolitan Mayors Caucus and addressed to: Crispina Ojeda Simmons Metropolitan Mayors Caucus 433 W. Van Buren Street, #450 Chicago, IL 60607 cojeda@mayorscaucus.org The SMASS FY24 Grant Acceptance Form can only be countersigned if the Grantee has also: 1) Obtained compliancy with the Illinois Grant Accountability and Transparency Act (GATA). 2) Completed an Internal Controls Questionnaire for FY 2020 3) Completed a Programmatic Risk Assessment form 4) Obtained and provided to the Caucus a unique entity identifier assigned to the Recipient by SAM.gov Grantee must submit a W-9 tax form with the SMASS FY24 Grant Acceptance Form. 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. Retain this agreement for your records. You agree to these terms by signing the Award Acceptance Form. Recipient Assurances and Requirements 4 ATTACHMENT A Terms and conditions from grant agreement between Metropolitan Mayors Caucus and the State of Illinois Agreement No. FY.2024 GRANT AGREEMENT BETWEEN THE STATE OF ILLINOIS, DEPARTMENT OF HUMAN SERVICES AND METROPOLITAN MAYORS CAUCUS The parties to this Grant Agreement (Agreement) are the State of Illinois (State), acting through the undersigned agency (Grantor) and METROPOLITAN MAYORS CAUCUS (Grantee)(collectively, the "Parties" and individually, a "Party"). The Agreement, consisting of the signature page, the parts listed below, and any additional exhibits or attachments referenced in this Agreement, constitute the entire agreement between the Parties. No promises, terms, or conditions not recited, incorporated or referenced herein, including prior agreements or oral discussions, are binding upon either Grantee or Grantor. PART ONE - The Uniform Terms Article I Article II Article Ill Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Definitions Award Information Grantee Certifications and Representations Payment Requirements Scope of Award Activities/Purpose of Award Budget Allowable Costs Lobbying Maintenance and Accessibility of Records; Monitoring Financial Reporting Requirements Performance Reporting Requirements Audit Requirements Termination; Suspension; Non-compliance Subcontracts/Subawards Notice of Change Structural Reorganization and Reconstitution of Board Membership Conflict of Interest Equipment or Property Promotional Materials; Prior Notification Insurance Lawsuits and Indemnification Miscellaneous Project Description Deliverables or Milestones Contact Information Performance Measures and Standards Specific Conditions PART TWO - Grantor-Specific Terms PART THREE - Project-Specific Terms Agreement No. FY.2024 PART ONE -THE UNIFORM TERMS ARTICLE I DEFINITIONS 1.1. Definitions. Capitalized words and phrases used in this Agreement have the meanings stated in 2 CFR 200.1 unless otherwise stated below. "Allowable Costs" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Award" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Budget" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Catalog of State Financial Assistance" or "CSFA" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Close-out Report" means a report from the Grantee allowing 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 Ill. Admin. Code 7000.30. "Cooperative Research and Development Agreement" has the same meaning as in 15 USC 3710a. "Direct Costs" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Financial Assistance" has the same meaning as in 44 Ill. Admin. Code 7000.30. "GATU" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Grant Agreement" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Grant Funds" means the Financial Assistance made available to Grantee through this Agreement. "Grantee Portal" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Indirect Costs" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Indirect Cost Rate" means a device for determining in a reasonable manner the proportion of Indirect Costs each Program should bear. It is a ratio (expressed as a percentage) of the Indirect Costs to a Direct Cost base. If reimbursement of Indirect Costs is allowable under an Award, Grantor will not reimburse those Indirect Costs unless Grantee has established an Indirect Cost Rate covering the applicable activities and period of time, unless Indirect Costs are reimbursed at a fixed rate. "Indirect Cost Rate Proposal" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Obligations" has the same meaning as in 44 Ill. Admin. Code 7000.30. "Period of Performance" has the same meaning as in 44 Ill. Admin. Code 7000.30. Agreement No. FY.2024 11Prior Approval" has the same meaning as in 44 Ill. Admin. Code 7000.30. 11Profit" means an entity's total revenue less its operating expenses, interest paid, depreciation, and taxes. 11Profit" is synonymous with the term 11net revenue." 11Program" means the services to be provided pursuant to this Agreement. "Program" is used interchangeably with "Project." 11Program 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. 11Related Parties" has the meaning set forth in Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 850-10-20. 11SAM" means the federal System for Award Management (SAM), the federal repository into which an entity must provide information required for the conduct of business as a recipient. "State Grantee Compliance Enforcement System" means the statewide framework for State agencies to manage occurrences of non-compliance with Award requirements. 11State-issued Award" means the assistance that a grantee receives directly from a State agency. The funding source of the State-issued Award can be federal pass-through, State or a combination thereof. "State- issued Award" does not include the following: contracts issued pursuant to the Illinois Procurement Code that a State agency uses to buy goods or services from a contractor or a contract to operate State government-owned, contractor-operated facilities; agreements that meet the definition of "contract" under 2 CFR 200.1 and 2 CFR 200.331, which a State agency uses to procure goods or services but are exempt from the Illinois Procurement Code due to an exemption listed under 30 ILCS 500/1-10, or pursuant to a disaster proclamation, executive order, or any other exemption permitted by law; amounts received for services rendered to an individual; Cooperative Research and Development Agreements; an agreement that provides only direct cash assistance to an individual; a subsidy; a loan; a loan guarantee; or insurance. 11lllinois Stop Payment List" has the same meaning as in 44 Ill. Admin. Code 7000.30. 11Unallowable Cost" has the same meaning as in 44 Ill. Admin. Code 7000.30. 11Unique Entity Identifier" or 11UEI'' has the same meaning as in 44 Ill. Admin. Code 7000.30. Agreement No. FY.2024 ARTICLE II AWARD INFORMATION ARTICLE Ill GRANTEE CERTIFICATIONS AND REPRESENTATIONS 3.1. Registration Certification. Grantee certifies that: (i) it is registered with SAM and is Grantee's correct UEI; (ii) it is in good standing with the Illinois Secretary of State, if applicable; and (iii) Grantee has successfully completed the annual registration and prequalification through the Grantee Portal. Grantee must remain current with these registrations and requirements. If Grantee's status with regard to any of these requirements changes, or the certifications made in and information provided in the uniform grant application changes, Grantee must notify Grantor in accordance with ARTICLE XV. 3.2. Tax Identification Certification. Grantee certifies that: is Grantee's correct federal employer identification number (FEIN) or Social Security Number. Grantee further certifies, if applicable: (a) that Grantee is not subject to backup withholding because (i) Grantee is exempt from backup withholding, or (ii) Grantee has not been notified by the Internal Revenue Service (IRS) that Grantee is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Grantee that Grantee is no longer subject to backup withholding; and (b) Grantee is a U.S. citizen or other U.S. person. Grantee is doing business as a (check one): D Individual D Sole Proprietorship D Partnership D Corporation (includes Not For Profit) D Medical Corporation D Governmental Unit D Estate or Trust D Pharmacy-Non Corporate D Pharmacy/Funeral Home/Cemetery Corp. Tax Exempt D Limited Liability Company (select applicable tax classification) D P = partnership D C = corporation Agreement No. FY.2024 If Grantee has not received a payment from the State of Illinois in the last two years, Grantee must submit a W -9 tax form with this Agreement. 3.3. Compliance with Uniform Grant Rules. Grantee certifies that it must adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which are published in Title 2, Part 200 of the Code of Federal Regulations (2 CFR Part 200) and are incorporated herein by reference. 44 Ill. Admin. Code 7000.40{c)(l)(A). The requirements of 2 CFR Part 200 apply to the Grant Funds awarded through this Agreement, regardless of whether the original source of the funds is State or federal, unless an exception is noted in federal or State statutes or regulations. 30 ILCS 708/5(b). 3.4. Representations and Use of Funds. Grantee certifies under oath that (1) all representations made in this Agreement are true and correct and (2) all Grant Funds awarded pursuant to this Agreement must be used only for the purpose(s) described herein. Grantee acknowledges that the Award is made solely upon this certification and that any false statements, misrepresentations, or material omissions will be the basis for immediate termination of this Agreement and repayment of all Grant Funds. 3.5. Specific Certifications. Grantee is responsible for compliance with the enumerated certifications in this Paragraph to the extent that the certifications apply to Grantee. (a) Bribery. Grantee certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor made an admission of guilt of such conduct which is a matter of record. (b) Bid Rigging. Grantee certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of 2012 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4, respectively). (c) Debt to State. Grantee certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because Grantee, or its affiliate(s), is/are delinquent in the payment of any debt to the State, unless Grantee, or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt. (d) International Boycott. Grantee certifies that neither it nor any substantially owned affiliated company is participating or will participate in an international boycott in violation of the provision of the Anti-Boycott Act of 2018, Part II of the Export Control Reform Act of 2018 (50 USC 4841 through 4843), and the anti-boycott provisions set forth in Part 760 of the federal Export Administration Regulations (15 CFR Parts 730 through 774). (e) Discriminatory Club Dues or Fees. Grantee certifies that it is not prohibited from receiving an Award because it pays dues or fees on behalf of its employees or agents, or subsidizes or otherwise reimburses employees or agents for payment of their dues or fees to any club which unlawfully discriminates {775 ILCS 25/2). (f) Pro-Children Act. Grantee certifies that it is in compliance with the Pro-Children Act of 2001 in that it prohibits smoking in any portion of its facility used for the provision of health, day care, early childhood development services, education or library services to children under the age of eighteen (18) (except such portions of the facilities which are used for inpatient substance abuse treatment) (20 USC 7181-7184). (g) Drug-Free Workplace. If Grantee is not an individual, Grantee certifies it will provide a Agreement No. FY.2024 drug free workplace pursuant to the Drug Free Workplace Act. 30 ILCS 580/3. If Grantee is an individual and this Agreement is valued at more than $5,000, Grantee certifies it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during the performance of the Agreement. 30 ILCS 580/4. Grantee further certifies that if it is a recipient of federal pass-through funds, it is in compliance with the government-wide requirements for a drug-free workplace as set forth in 41 USC 8103. (h) Motor Voter Law. Grantee certifies that it is in full compliance with the terms and provisions of the National Voter Registration Act of 1993 (52 USC 20501 et seq.). (i) Clean Air Act and Clean Water Act. Grantee certifies that it is in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 USC 1251 et seq.). (j) Debarment. Grantee certifies that it is not debarred, suspended, proposed for debarment or permanent inclusion on the Illinois Stop Payment List, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal department or agency (2 CFR 200.205(a)), or by the State (30 ILCS 708/25(6)(G)). (k) Non-procurement Debarment and Suspension. Grantee certifies that it is in compliance with Subpart C of 2 CFR Part 180 as supplemented by 2 CFR Part 376, Subpart C. (I) Health Insurance Portability and Accountability Act. Grantee certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, and the Social Security Act, 42 USC 1320d-2 through 1320d-7), in that it may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. Grantee must maintain, for a minimum of six (6) years, all protected health information. (m) Criminal Convictions. Grantee certifies that: (i) Neither it nor a managerial agent of Grantee (for non-governmental grantees only, this includes any officer, director or partner of Grantee) has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953, or that at least five (5) years have passed since the date of the conviction; and (ii) It must disclose to Granter all violations of criminal law involving fraud, bribery or gratuity violations potentially affecting this Award. Failure to disclose may result in remedial actions as stated in the Grant Accountability and Transparency Act. 30 ILCS 708/40. Additionally, if Grantee receives over $10 million in total federal Financial Assistance, during the period of this Award, Grantee must maintain the currency of information reported to SAM regarding civil, criminal or administrative proceedings as required by 2 CFR 200.113 and Appendix XII of 2 CFR Part 200, and 30 ILCS 708/40. (n) Federal Funding Accountability and Transparency Act of 2006 (FFATA). Grantee certifies that it is in compliance with the terms and requirements of 31 USC 6101 with respect to Federal Awards greater than or equal to $30,000. A FFATA subaward report must be filed by the end of the month following the month in which the award was made. (o) Illinois Works Review Panel. For Awards made for public works projects, as defined in Agreement No. FY.2024 the Illinois Works Jobs Program Act, Grantee certifies that it and any contractor(s) or subcontractor(s) that performs work using funds from this Award, must, upon reasonable notice, appear before and respond to requests for information from the Illinois Works Review Panel. 30 ILCS 559/20-25(d). (p) Anti-Discrimination. Grantee certifies that its employees and subcontractors under subcontract made pursuant to this Agreement, must comply with all applicable provisions of State and federal laws and regulations pertaining to nondiscrimination, sexual harassment and equal employment opportunity including, but not limited to: Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), including, without limitation, 44 Ill. Admin. Code 750- Appendix A, which is incorporated herein; Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); Civil Rights Act of 1964 (as amended) (42 USC 2000a - 2000h-6); Section 504 of the Rehabilitation Act of 1973 (29 USC 794); Americans with Disabilities Act of 1990 (as amended) (42 USC 12101 et seq.); and the Age Discrimination Act of 1975 (42 USC 6101 et seq.). (q) Internal Revenue Code and Illinois Income Tax Act. Grantee certifies that it complies with all provisions of the federal Internal Revenue Code (26 USC 1), the Illinois Income Tax Act (35 ILCS 5), and all regulations and rules promulgated thereunder, including withholding provisions and timely deposits of employee taxes and unemployment insurance taxes. ARTICLE IV PAYMENT REQUIREMENTS 4.1. Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. Granter 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 Granter by the State or the federal funding source, (ii) the Governor or Granter reserves funds, or (iii) the Governor or Granter determines that funds will not or may not be available for payment. Granter must provide notice, in writing, to Grantee of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Paragraph will be effective upon the date of the written notice unless otherwise indicated. 4.2. Pre-Award Costs. Pre-award costs are not permitted unless specifically authorized by Granter in Exhibit A, PART TWO or PART THREE of this Agreement. If they are authorized, pre-award costs must be charged to the initial Budget Period of the Award, unless otherwise specified by Granter. 2 CFR 200.458. 4.3. Return of Grant Funds. Grantee must liquidate all Obligations incurred under the Award within forty-five (45) days of the end of the Period of Performance, or in the case of capital improvement Awards, within forty-five (45) days of the end of the time period the Grant Funds are available for expenditure or obligation, unless Granter permits a longer period in PART TWO OR PART THREE. 4.4. Cash Management Improvement Act of 1990. Unless notified otherwise in PART TWO or PART THREE, Grantee must manage federal funds received under this Agreement in accordance with the Cash Management Improvement Act of 1990 (31 USC 6501 et seq.) and any other applicable federal laws or regulations. 2 CFR 200.305; 44 Ill. Admin. Code 7000.120. 4.5. Payments to Third Parties. Granter will have no liability to Grantee when Granter acts in good faith to redirect all or a portion of any Grantee payment to a third party. Granter will be deemed to have acted in good faith when it is in possession of information that indicates Grantee authorized Granter to intercept or redirect payments to a third party or when so ordered by a court of competent jurisdiction. Agreement No. FY.2024 4.6. Modifications to Estimated Amount. If the Agreement amount is established on an estimated basis, then it may be increased by mutual agreement at any time during the Term. Grantor may decrease the estimated amount of this Agreement at any time during the Term if (i) Grantor believes Grantee will not use the funds during the Term, (ii) Grantor believes Grantee has used Grant Funds in a manner that was not authorized by this Agreement, (iii) sufficient funds for this Agreement have not been appropriated or otherwise made available to Grantor by the State or the federal funding source, (iv) the Governor or Grantor reserves funds, or (v) the Governor or Grantor determines that funds will or may not be available for payment. Grantee will be notified, in writing, of any adjustment of the estimated amount of this Agreement. In the event of such reduction, services provided by Grantee under Exhibit A may be reduced accordingly. Grantor must pay Grantee for work satisfactorily performed prior to the date of the notice regarding adjustment. 2 CFR 200.308. 4.7. Interest. (a) All interest earned on Grant Funds held by a Grantee will be treated in accordance with 2 CFR 200.305(b)(9), unless otherwise provided in PART TWO or PART THREE. Grantee must remit annually any amount due in accordance with 2 CFR 200.305(b)(9) or to Grantor, as applicable. (b) Grant Funds must be placed in an insured account, whenever possible, that bears interest, unless exempted under 2 CFR 200.305(b)(8). 4.8. Timely Billing Required. Grantee must submit any payment request to Grantor within fifteen (15) days of the end of the quarter, unless another billing schedule is specified in ARTICLE II, PART TWO, or PART THREE. Failure to submit such payment request timely will render the amounts billed Unallowable Costs which Grantor cannot reimburse. In the event that Grantee is unable, for good cause, to submit its payment request timely, Grantee shall timely notify Grantor and may request an extension of time to submit the payment request. Grantor's approval of Grantee's request for an extension shall not be unreasonably withheld. 4.9. Certification. Pursuant to 2 CFR 200.415, each invoice and report submitted by Grantee (or subrecipient) must contain the following certification by an official authorized to legally bind Grantee (or subrecipient): By signing this report [or payment request or both], I certify to the best of my knowledge and belief that the report [or payment request] is true, complete, and accurate; that the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the State or federal pass-through award; and that supporting documentation has been submitted as required by the grant agreement. I acknowledge that approval for any other expenditure described herein is considered conditional subject to further review and verification in accordance with the monitoring and records retention provisions of the grant agreement. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; 30 ILCS 708/120). ARTICLE V SCOPE OF AWARD ACTIVITIES/PURPOSE OF AWARD Agreement No. FY.2024 5.1. Scope of Award Activities/Purpose of Award. Grantee must perform as described in this Agreement, including as described in Exhibit A (Project Description), Exhibit B (Deliverables or Milestones), and Exhibit D (Performance Measures and Standards), as applicable. Grantee must further comply with all terms and conditions set forth in the Notice of State Award (44 Ill. Admin. Code 7000.360) which is incorporated herein by reference. All Grantor-specific provisions and programmatic reporting required under this Agreement are described in PART TWO (Grantor-Specific Terms). All Project-specific provisions and reporting required under this Agreement are described in PART THREE (Project-Specific Terms). 5.2. Scope Revisions. Grantee must obtain Prior Approval from Grantor whenever a scope revision is necessary for one or more of the reasons enumerated in 44 Ill. Admin. Code 7000.370(b)(2). All requests for scope revisions that require Grantor approval must be signed by Grantee's authorized representative and submitted to Grantor for approval. Expenditure of funds under a requested revision is prohibited and will not be reimbursed if expended before Grantor gives written approval. 2 CFR 200.308. 5.3. Specific Conditions. If applicable, specific conditions required after a risk assessment are included in Exhibit E. Grantee must adhere to the specific conditions listed therein. 44 Ill. Admin. Code 7000.340(e). ARTICLE VI BUDGET 6.1. Budget. The Budget submitted by Grantee at application, or a revised Budget subsequently submitted and approved by Grantor, is considered final and is incorporated herein by reference. 6.2. Budget Revisions. Grantee must obtain Prior Approval, whether mandated or discretionary, from Grantor whenever a Budget revision, is necessary for one or more of the reasons enumerated in 44 Ill. Admin. Code 7000.370(b). All requests for Budget revisions that require Grantor approval must be signed by Grantee's authorized representative and submitted to Grantor for approval. Expenditure of funds under a requested revision is prohibited and will not be reimbursed if expended before Grantor gives written approval. 6.3. Notification. Within thirty (30) calendar days from the date of receipt of the request for Budget revisions, Grantor will review the request and notify Grantee whether the Budget revision has been approved, denied, or the date upon which a decision will be reached. 44111. Admin. Code 7000.370(b)(7). 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 will be determined in accordance with 2 CFR Part 200 Subpart E and Appendices Ill, IV, V, and VII. 7.2. Indirect Cost Rate Submission. (a) All grantees, except for Local Education Agencies (as defined in 34 CFR 77.1), must make an Indirect Cost Rate election in the Grantee Portal, even grantees that do not charge or expect to charge Indirect Costs. 44 Ill. Admin. Code 7000.420(e). (i) Waived and de minimis Indirect Cost Rate elections will remain in effect until Grantee elects a different option. Agreement No. FY.2024 (b) Grantee must submit an Indirect Cost Rate Proposal in accordance with federal and State regulations, in a format prescribed by Granter. For grantees who have never negotiated an Indirect Cost Rate before, the Indirect Cost Rate Proposal must be submitted for approval no later than three months after the effective date of the Award. For grantees who have previously negotiated an Indirect Cost Rate, the Indirect Cost Rate Proposal must be submitted for approval within 180 days of Grantee's fiscal year end, as dictated in the applicable appendices, such as: (i) Appendix VII to 2 CFR Part 200 governs Indirect Cost Rate Proposals for state and Local Governments and Indian Tribes, (ii) Appendix Ill to 2 CFR Part 200 governs Indirect Cost Rate Proposals for public and private institutions of higher education, (iii) Appendix IV to 2 CFR Part 200 governs Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations, and (iv) Appendix V to 2 CFR Part 200 governs state/Local Governmentwide Central Service Cost Allocation Plans. (c) A grantee who has a current, applicable rate negotiated by a cognizant federal agency must provide to Granter a copy of its Indirect Cost Rate acceptance letter from the federal government and a copy of all documentation regarding the allocation methodology for costs used to negotiate that rate, e.g., without limitation, the cost policy statement or disclosure narrative statement. Granter will accept that Indirect Cost Rate, up to any statutory, rule-based or programmatic limit. (d) A grantee who does not have a current negotiated rate, may elect to charge a de minimis rate of 10% of Modified Total Direct Cost which may be used indefinitely. No documentation is required to justify the 10% de minimis Indirect Cost Rate. 2 CFR 200.414(f). 7.3. Transfer of Costs. Cost transfers between Grants, whether as a means to compensate for cost overruns or for other reasons, are unallowable. 2 CFR 200.451. 7.4. Commercial Organization Cost Principles. The federal cost principles and procedures for cost analysis and the determination, negotiation and allowance of costs that apply to commercial organizations are set forth in 48 CFR Part 31. 7.5. Financial 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. To comply with 2 CFR 200.305(b)(7)(i) and 30 ILCS 708/97, Grantee must use reasonable efforts to ensure that funding streams are delineated within Grantee's accounting system. 2 CFR 200.302. (b) Source Documentation. Accounting records must be supported by such source documentation as canceled checks, bank statements, invoices, paid bills, donor letters, time and attendance records, activity reports, travel reports, contractual and consultant agreements, and Agreement No. FY.2024 subaward documentation. All supporting documentation must be clearly identified with the Award and general ledger accounts which are to be charged or credited. (i) The documentation standards for salary charges to Grants are prescribed by 2 CFR 200.430, and in the cost principles applicable to the Grantee's organization. (ii) If records do not meet the standards in 2 CFR 200.430, then Grantor may notify Grantee in PART TWO, PART THREE or Exhibit E of the requirement to submit personnel activity reports. 2 CFR 200.430(i)(8). Personnel activity reports must account on an after-the-fact basis for one hundred percent (100%) of the employee's actual time, separately indicating the time spent on the Award, other grants or projects, vacation or sick leave, and administrative time, if applicable. The reports must be signed by the employee, approved by the appropriate official, and coincide with a pay period. These time records must be used to record the distribution of salary costs to the appropriate accounts no less frequently than quarterly. (iii) Formal agreements with independent contractors, such as consultants, must include a description of the services to be performed, the period of performance, the fee and method of payment, an itemization of travel and other costs which are chargeable to the agreement, and the signatures of both the contractor and an appropriate official of Grantee. (iv) If third party in-kind (non-cash) contributions are used for Award purposes, the valuation of these contributions must be supported with adequate documentation. (c) Internal Control. Grantee must maintain effective control and accountability for all cash, real and personal property, and other assets. Grantee must adequately safeguard all such property and must provide assurance that it is used solely for authorized purposes. Grantee must also have systems in place that provide reasonable assurance that the information is accurate, allowable, and compliant with the terms and conditions of this Agreement. 2 CFR 200.303. (d) Budget Control. Grantee must maintain records of expenditures for each Award by the cost categories of the approved Budget (including Indirect Costs that are charged to the Award), and actual expenditures are to be compared with budgeted amounts at least quarterly. (e) Cash Management. Requests for advance payment must be limited to Grantee's immediate cash needs. Grantee must have written procedures to minimize the time elapsing between the receipt and the disbursement of Grant Funds to avoid having excess funds on hand. 2 CFR 200.305. 7.6. Profits. It is not permitted for any person or entity to earn a Profit from an Award. See, e.g., 2 CFR 200.400(g); see also 30 ILCS 708/60(a)(7). 7.7. Management of Program Income. Grantee is encouraged to earn income to defray Program Costs where appropriate, subject to 2 CFR 200.307. ARTICLE VIII LOBBYING 8.1. Improper Influence. Grantee certifies that it will not use and has not used Grant Funds to influence or attempt to influence an officer or employee of any government agency or a member or employee of the State or federal legislature in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment or modification of any agreement, grant, loan or cooperative agreement. Additionally, Grantee certifies that it has filed the required certification under the Byrd Anti-Lobbying Amendment (31 USC 1352), if Agreement No. FY.2024 applicable. 8.2. Federal Form LLL. If any federal funds, other than federally-appropriated funds, were paid or will be paid to any person for influencing or attempting to influence any of the above persons in connection with this Agreement, the undersigned must also complete and submit Federal Form LLL, Disclosure of Lobbying Activities Form, in accordance with its instructions. 8.3. Lobbying Costs. Grantee certifies that it is in compliance with the restrictions on lobbying set forth in 2 CFR 200.450. For any Indirect Costs associated with this Agreement, total lobbying costs must be separately identified in the Program Budget, and thereafter treated as other Unallowable Costs. 8.4. Procurement Lobbying. Grantee warrants and certifies that it and, to the best of its knowledge, its subrecipients have complied and will comply with Illinois Executive Order No. 1 (2007) (EO 1-2007). EO 1-2007 generally prohibits grantees and subcontractors from hiring the then-serving Governor's family members to lobby procurement activities of the State, or any other unit of government in Illinois including local governments, if that procurement may result in a contract valued at over $25,000. This prohibition also applies to hiring for that same purpose any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity. 8.5. Subawards. Grantee must include the language of this ARTICLE in the award documents for any subawards made pursuant to this Award at all tiers. All subrecipients are also subject to certification and disclosure. Pursuant to Appendix 11(1) to 2 CFR Part 200, Grantee must forward all disclosures by contractors regarding this certification to Granter. 8.6. Certification. This certification is a material representation of fact upon which reliance was placed to enter into this transaction and is a prerequisite for this transaction, pursuant to 31 USC 1352. Any person who fails to file the required certifications will be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. ARTICLE IX MAINTENANCE AND ACCESSIBILITY OF RECORDS; MONITORING 9.1. Records Retention. Grantee must maintain for three (3) years from the date of submission of the final expenditure report, adequate books, all financial records and, supporting documents, statistical records, and all other records pertinent to this Award, adequate to comply with 2 CFR 200.334, unless a different retention period is specified in 2 CFR 200.334, 44 Ill. Admin. Code 7000.430(a) and (b) or PART TWO or PART THREE. If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken. 9.2. Accessibility of Records. Grantee, in compliance with 2 CFR 200.337 and 44 Ill. Admin. Code 7000.430(f), must make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized Granter representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, Grantor's Inspector General, federal authorities, any person identified in 2 CFR 200.337, and any other person as may be authorized by Granter (including auditors), by the State of Illinois or by federal statute. Grantee must cooperate fully in any such audit or inquiry. 9.3. Failure to Maintain Books and Records. Failure to maintain books, records and supporting documentation, as described in this ARTICLE, establishes a presumption in favor of the State for the recovery of any Grant Funds paid by the State under this Agreement for which adequate books, records and supporting Agreement No. FY.2024 documentation are not available to support disbursement. 9.4. 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. Granter will monitor the activities of Grantee to assure compliance with all requirements and performance expectations of the Award. Grantee must timely submit all financial and performance reports, and must supply, upon Grantor's request, documents and information relevant to the Award. Granter may make site visits as warranted by Program needs. 2 CFR 200.329; 200.332. Additional monitoring requirements may be in PART TWO or PART THREE. ARTICLE X FINANCIAL REPORTING REQUIREMENTS 10.1. Required Periodic Financial Reports. Grantee must submit financial reports as requested and in the format required by Granter no later than the dues date(s) specified in PART TWO or PART THREE. Grantee must submit quarterly reports with Granter describing the expenditure(s) of the funds related thereto, unless more frequent reporting is required by the Grantee due to the funding source or pursuant to specific award conditions. 2 CFR 200.208. Any report required by 30 ILCS 708/125 may be detailed in PART TWO or PART THREE. 10.2. Financial Close-out Report. (a) Grantee must submit a financial Close-out Report, in the format required by Granter, by the due date specified in PART TWO or PART THREE, which must be no later than sixty (60) calendar days following the end of the Period of Performance for this Agreement or Agreement termination. The format of this financial Close-out Report must follow a format prescribed by Granter. 2 CFR 200.344; 44 Ill. Admin. Code 7000.440(b). (b) If an audit or review of Grantee occurs and results in adjustments after Grantee submits a Close-out Report, Grantee must submit a new financial Close-out Report based on audit adjustments, and immediately submit a refund to Granter, if applicable. 2 CFR 200.345; 44 Ill. Admin. Code 7000.450. 10.3. Effect of Failure to Comply. Failure to comply with the reporting requirements in this Agreement may cause a delay or suspension of funding or require the return of improper payments or Unallowable Costs, and will be considered a material breach of this Agreement. Grantee's failure to comply with ARTICLE X, ARTICLE XI, or ARTICLE XVII will be considered prima facie evidence of a breach and may be admitted as such, without further proof, into evidence in an administrative proceeding before Granter, or in any other legal proceeding. Grantee should refer to the State Grantee Compliance Enforcement System for policy and consequences for failure to comply. 44111. Admin. Code 7000.80. ARTICLE XI PERFORMANCE REPORTING REQUIREMENTS 11.1. Required Periodic Performance Reports. Grantee must submit performance reports as requested and in the format required by Granter no later than the due date(s) specified in PART TWO or PART THREE. 44 Ill. Admin. Code 7000.410. Grantee must report to Granter on the performance measures listed in Exhibit D, PART TWO or PART THREE at the intervals specified by Granter, which must be no less frequent than annually and no more frequent than quarterly, unless otherwise specified in PART TWO, PART THREE, or Exhibit E pursuant to Agreement No. FY.2024 specific award conditions. For certain construction-related Awards, such reports may be exempted as identified in PART TWO or PART THREE. 2 CFR 200.329. 11.2. Performance Close-out Report. Grantee must submit a performance Close-out Report, in the format required by Granter by the due date specified in PART TWO or PART THREE, which must be no later than 60 calendar days following the end of the Period of Performance or Agreement termination. 2 CFR 200.344; 44 Ill. Admin. Code 7000.440(b). 11.3. Content of Performance Reports. Pursuant to 2 CFR 200.329(b) and (c), all performance reports must relate the financial data and accomplishments to the performance goals and objectives of this Award and also include the following: a comparison of actual accomplishments to the objectives of the Award established for the period; where the accomplishments can be quantified, a computation of the cost and demonstration of cost effective practices (e.g., through unit cost data); performance trend data and analysis if required; and reasons why established goals were not met, if appropriate. Additional content and format guidelines for the performance reports will be determined by Granter contingent on the Award's statutory, regulatory and administrative requirements, and are included in PART TWO or PART THREE of this Agreement. ARTICLE XII AUDIT REQUIREMENTS 12.1. Audits. Grantee is subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507), Subpart F of 2 CFR Part 200, and the audit rules and policies set forth by the Governor's Office of Management and Budget. 30 ILCS 708/65(c); 44 Ill. Admin. Code 7000.90. 12.2. Consolidated Year-End Financial Reports (CYEFR). All grantees must complete and submit a CYEFR through the Grantee Portal, except those exempted by federal or State statute or regulation, as set forth in PART TWO or PART THREE. The CYEFR is a required schedule in Grantee's audit report if Grantee is required to complete and submit an audit report as set forth herein. (a) Grantee's CYEFR must cover the same period as the audited financial statements, if required, and must be submitted in accordance with the audit schedule at 44 Ill. Admin. Code 7000.90. If Grantee is not required to complete audited financial statements, the CYEFR must cover Grantee's fiscal year and must be submitted within 6 months of the Grantee's fiscal year-end. (b) The CYEFR must include an in relation to opinion from the auditor of the financial statements included in the audit. (c) The CYEFR must follow a format prescribed by Granter. 12.3. Entities That Are Not "For-Profit". (a) This Paragraph applies to Grantees that are not "for-profit" entities. (b) 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 report packet must be completed as described in 2 CFR 200.512 (single audit) or 2 CFR 200.507 (program-specific audit), 44 Ill. Admin. Code 7000.90(h)(1) and the current GATA audit manual and submitted to the Federal Audit Clearinghouse, as Agreement No. FY.2024 required by 2 CFR 200.512. The results of peer and external quality control reviews, management letters issued by the auditors and their respective corrective action plans if significant deficiencies or material weaknesses are identified, and the CYEFR(s) must be submitted to the Grantee Portal. The due date of all required submissions set forth in this Paragraph is the earlier of (i) thirty (30) calendar days after receipt of the auditor's report(s) or (ii) nine (9) months after the end of Grantee's audit period. (c) Financial Statement Audit. If, during its fiscal year, Grantee expends less than $750,000 in federal Awards, Grantee is subject to the following audit requirements: (i) If, during its fiscal year, Grantee expends $500,000 or more in State-issued Awards, Grantee must have a financial statement audit conducted in accordance with the Generally Accepted Government Auditing Standards (GAGAS). Grantee may be subject to additional requirements in PART TWO, PART THREE or Exhibit E based on Grantee's risk profile. (ii) If, during its fiscal year, Grantee expends less than $500,000 in State-issued Awards, but expends $300,000 or more in State-issued Awards, Grantee must have a financial statement audit conducted in accordance with the Generally Accepted Auditing Standards (GAAS). (iii) If Grantee is a Local Education Agency (as defined in 34 CFR 77.1), Grantee must have a financial statement audit conducted in accordance with GAGAS, as required by 23 Ill. Admin. Code 100.110, regardless of the dollar amount of expenditures of State-issued Awards. (iv) If Grantee does not meet the requirements in subsections 12.3(b) and 12.3(c)(i- iii) but is required to have a financial statement audit conducted based on other regulatory requirements, Grantee must submit those audits for review. (v) Grantee must submit its financial statement audit report packet, as set forth in 44 Ill. Admin. Code 7000.90(h)(2) and the current GATA audit manual, to the Grantee Portal within the earlier of (i) thirty (30) calendar days after receipt of the auditor's report(s) or (ii) six (6) months after the end of Grantee's audit period. 12.4. "For-Profit" Entities. (a) This Paragraph applies to Grantees that are "for-profit" entities. (b) Program-Specific Audit. If, during its fiscal year, Grantee expends $750,000 or more in federal pass-through funds from State-issued Awards, Grantee must have a program-specific audit conducted in accordance with 2 CFR 200.507. The auditor must audit federal pass-through programs with federal pass-through Awards expended that, in the aggregate, cover at least 50 percent (0.50) of total federal pass-through Awards expended. The audit report packet must be completed as described in 2 CFR 200.507 (program-specific audit), 44 Ill. Admin. Code 7000.90 and the current GATA audit manual, and must be submitted to the Grantee Portal. The due date of all required submissions set forth in this Paragraph is the earlier of (i) thirty (30) calendar days after receipt of the auditor's report(s) or (ii) nine (9) months after the end of Grantee's audit period. (c) Financial Statement Audit. If, during its fiscal year, Grantee expends less than $750,000 in federal pass-through funds from State-issued Awards, Grantee must follow all of the audit requirements in Paragraphs 12.3(c)(i)-(v), above. (d) Publicly-Traded Entities. If Grantee is a publicly-traded company, Grantee is not subject to the single audit or program-specific audit requirements, but must submit its annual audit conducted in accordance with its regulatory requirements. Agreement No. FY.2024 12.5. Performance of Audits. For those organizations required to submit an independent audit report, the audit must be conducted by the Illinois Auditor General (as required for certain governmental entities only), or a Certified Public Accountant or Certified Public Accounting Firm licensed in the State of Illinois or in accordance with Section 5.2 of the Illinois Public Accounting Act (225 ILCS 450/5.2). For all audits required to be performed subject to GAGAS or Generally Accepted Auditing Standards, Grantee must request and maintain on file a copy of the auditor's most recent peer review report and acceptance letter. Grantee must follow procedures prescribed by Grantor for the preparation and submission of audit reports and any related documents. 12.6. Delinquent Reports. When audit reports or financial statements required under this ARTICLE are prepared by the Illinois Auditor General, if they are not available by the above-specified due date, they must be provided to Grantor within thirty (30) days of becoming available. Grantee should refer to the State Grantee Compliance Enforcement System for the policy and consequences for late reporting. 44 Ill. Admin. Code 7000.80. ARTICLE XIII TERMINATION; SUSPENSION; NON-COMPLIANCE 13.1. Termination. (a) Either Party may terminate this Agreement, in whole or in part, upon thirty (30) calendar days' prior written notice to the other Party. (b) If terminated by the Grantee, Grantee must include the reasons for such termination, the effective date, and, in the case of a partial termination, the portion to be terminated. If Grantor determines in the case of a partial termination that the reduced or modified portion of the Award will not accomplish the purposes for which the Award was made, Grantor may terminate the Agreement in its entirety. 2 CFR 200.340(a)(4). (c) This Agreement may be terminated, in whole or in part, by Grantor: (i) Pursuant to a funding failure under Paragraph 4.1; (ii) If Grantee fails to comply with the terms and conditions of this or any Award, application or proposal, including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any Award; or (iii) If the Award no longer effectuates the Program goals or agency priorities as set forth in Exhibit A, PART TWO or PART THREE. 13.2. Suspension. Grantor may suspend this Agreement, in whole or in part, pursuant to a funding failure under Paragraph 4.1 or if the Grantee fails to comply with terms and conditions of this or any Award. If suspension is due to Grantee's failure to comply, Grantor may withhold further payment and prohibit Grantee from incurring additional Obligations pending corrective action by Grantee or a decision to terminate this Agreement by Grantor. Grantor may allow necessary and proper costs that Grantee could not reasonably avoid during the period of suspension. 13.3. Non-compliance. If Grantee fails to comply with the U.S. Constitution, applicable statutes, regulations or the terms and conditions of this or any Award, Grantor may impose additional conditions on Grantee, as described in 2 CFR 200.208. If Grantor determines that non-compliance cannot be remedied by Agreement No. FY.2024 imposing additional conditions, Grantor may take one or more of the actions described in 2 CFR 200.339. The Parties must follow all Grantor policies and procedures regarding non-compliance, including, but not limited to, the procedures set forth in the State Grantee Compliance Enforcement System. 44 Ill. Admin. Code 7000.80 and 7000.260. 13.4. Objection. If Grantor suspends or terminates this Agreement, in whole or in part, for cause, or takes any other action in response to Grantee's non-compliance, Grantee may avail itself of any opportunities to object and challenge such suspension, termination or other action by Grantor in accordance with any applicable processes and procedures, including, but not limited to, the procedures set forth in the State Grantee Compliance Enforcement System. 2 CFR 200.342; 44 Ill. Admin. Code 7000.80 and 7000.260. 13.5. Effects of Suspension and Termination. (a) Grantor may credit Grantee for allowable expenditures incurred in the performance of authorized services under this Agreement prior to the effective date of a suspension or termination. (b) Except as set forth in subparagraph (c), below, Grantee must not incur any costs Obligations that r uire theuse of Grant Funds after the effective date of a suspension or termination, and must cancel as many outstanding Obligations as possible. (c) Costs to Grantee resulting from Obligations incurred by Grantee during a suspension or after termination of the Agreement are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination or subsequently . However, Grantor may allow costs during a suspension or after termination if: (i) The costs result from Obligations properly incurred before the effective date of suspension or termination, are not in anticipation of the suspension or termination, and the costs would be allowable if the Agreement was not suspended or terminated prematurely. 2 CFR 200.343. 13.6. Close-out of Terminated Agreements. If this Agreement is terminated, in whole or in part, the Parties must comply with all close-out and post-termination requirements of this Agreement. 2 CFR 200.340(d). ARTICLE XIV SUBCONTRACTS/SUBAWARDS 14.1. Subcontracting/Subrecipients/Delegation. Grantee must not subcontract nor issue a subaward for any portion of this Agreement nor delegate any duties hereunder without Prior Approval of Grantor. The requirement for Prior Approval is satisfied if the subcontractor or subrecipient has been identified in the uniform grant application, such as, without limitation, a Project description, and Grantor has approved. Grantee must notify any potential subrecipient that the subrecipient must obtain and provide to the Grantee a Unique Entity Identifier prior to receiving a subaward. 2 CFR 25.300. 14.2. Application of Terms. If Grantee enters into a subaward agreement with a subrecipient, Grantee must notify the subrecipient of the applicable laws and regulations and terms and conditions of this Award by attaching this Agreement to the subaward agreement. The terms of this Agreement apply to all subawards authorized in accordance with Paragraph 14.1. 2 CFR 200.101(b)(2). 14.3. Liability as Guaranty. Grantee will be liable as guarantor for any Grant Funds it obligates to a Agreement No. FY.2024 subrecipient or subcontractor pursuant to this ARTICLE in the event Grantor determines the funds were either misspent or are being improperly held and the subrecipient or subcontractor is insolvent or otherwise fails to return the funds. 2 CFR 200.345; 30 ILCS 705/6; 44 Ill. Admin. Code 7000.450(a). ARTICLE XV NOTICE OF CHANGE 15.1. Notice of Change. Grantee must notify Grantor if there is a change in Grantee's legal status, FEIN, UEI, SAM registration status, Related Parties, senior management (for non-governmental grantees only) or address. If the change is anticipated, Grantee must give thirty (30) days' prior written notice to Grantor. If the change is unanticipated, Grantee must give notice as soon as practicable thereafter. Grantor reserves the right to take any and all appropriate action as a result of such change(s). 15.2. Failure to Provide Notification. To the extent permitted by Illinois law (see Paragraph 21.2), Grantee must hold harmless Grantor for any acts or omissions of Grantor resulting from Grantee's failure to notify Grantor as required by Paragraph 15.1. 15.3. Notice of Impact. Grantee must notify Grantor in writing of any event, including, by not limited to, becoming a party to litigation, an investigation, or transaction that may have a material impact on Grantee's ability to perform under this Agreement. Grantee must provide notice to Grantor as soon as possible, but no later than five (5) days after Grantee becomes aware that the event may have a material impact. 15.4. Effect of Failure to Provide Notice. Failure to provide the notice described in this ARTICLE is grounds for termination of this Agreement and any costs incurred after the date notice should have been given may be disallowed. ARTICLE XVI STRUCTURAL REORGANIZATION AND RECONSTITUTION OF BOARD MEMBERSHIP 16.1. Effect of Reorganization. This Agreement is made by and between Grantor and Grantee, as Grantee is currently organized and constituted. Grantor does not agree to continue this Agreement, or any license related thereto, should Grantee significantly reorganize or otherwise substantially change the character of its corporate structure, business structure or governance structure. Grantee must give Grantor prior notice of any such action or changes significantly affecting its overall structure or, for non-governmental grantees only, management makeup (for example, a merger or a corporate restructuring), and must provide all reasonable documentation necessary for Grantor to review the proposed transaction including financial records and corporate and shareholder minutes of any corporation which may be involved. Grantor reserves the right to terminate the Agreement based on whether the newly organized entity is able to carry out the requirements of the Award. This ARTICLE does not require Grantee to report on minor changes in the makeup of its board membership or governance structure, as applicable. Nevertheless, PART TWO or PART THREE may impose further restrictions. Failure to comply with this ARTICLE constitutes a material breach of this Agreement. ARTICLE XVII CONFLICT OF INTEREST 17.1. Required Disclosures. Grantee must immediately disclose in writing any potential or actual Conflict of Interest to Grantor. 2 CFR 200.113; 30 ILCS 708/35. Agreement No. FY.2024 17.2. Prohibited Payments. Payments made by Grantor under this Agreement must not be used by Grantee to compensate, directly or indirectly, any person currently holding an elective office in this State including, but not limited to, a seat in the General Assembly. In addition, where Grantee is not an instrumentality of the State of Illinois, as described in this Paragraph, Grantee must request permission from Grantor to compensate, directly or indirectly, any person employed by an office or agency of the State of Illinois. An instrumentality of the State of Illinois includes, without limitation, State departments, agencies, boards, and State universities. An instrumentality of the State of Illinois does not include, without limitation, units of Local Government and related entities. 17.3. Request for Exemption. Grantee may request written approval from Grantor for an exemption from Paragraph 17.2. Grantee acknowledges that Grantor is under no obligation to provide such exemption and that Grantor may grant an such exemption subject to additional terms and conditions as Grantor may require. ARTICLE XVIII EQUIPMENT OR PROPERTY 18.1. Purchase of Equipment. For any equipment purchased in whole or in part with Grant Funds, if Grantor determines that Grantee has not met the conditions of 2 CFR 200.439, the costs for such equipment will be disallowed. Grantor must notify Grantee in writing that the purchase of equipment is disallowed. 18.2. Prohibition against Disposition/Encumbrance. Any equipment, material, or real property that Grantee purchases or improves with Grant Funds must not be sold, transferred, encumbered (other than original financing) or otherwise disposed of during the Award Term without Prior Approval of Grantor unless a longer period is required in PART TWO or PART THREE and permitted by 2 CFR Part 200 Subpart D. Use or disposition of real property acquired or improved using Grant Funds must comply with the requirements of 2 CFR 200.311. Real property, equipment, and intangible property that are acquired or improved in whole or in part using Grant Funds are subject to the provisions of 2 CFR 200.316. Grantor may require the Grantee to record liens or other appropriate notices of record to indicate that personal or real property has been acquired or improved with this Award and that use and disposition conditions apply to the property. 18.3. Equipment and Procurement. Grantee must comply with the uniform standards set forth in 2 CFR 200.310-200.316 governing the management and disposition of property, the cost of which was supported by Grant Funds. Any waiver from such compliance must be granted by either the President's Office of Management and Budget, the Governor's Office of Management and Budget, or both, depending on the source of the Grant Funds used. Additionally, Grantee must comply with the standards set forth in 2 CFR 200.317-200.326 to establish procedures to use Grant Funds for the procurement of supplies and other expendable property, equipment, real property and other services. 18.4. Equipment Instructions. Grantee must obtain disposition instructions from Grantor when equipment, purchased in whole or in part with Grant Funds, is no longer needed for their original purpose. Notwithstanding anything to the contrary contained in this Agreement, Grantor may require transfer of any equipment to Grantor or a third party for any reason, including, without limitation, if Grantor terminates the Award or Grantee no longer conducts Award activities. Grantee must properly maintain, track, use, store and insure the equipment according to applicable best practices, manufacturer's guidelines, federal and state laws or rules, and Grantor requirements stated herein. 18.5. Domestic Preferences for Procurements. In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, Grantee must, to the greatest extent practicable under this Award, provide a Agreement No. FY.2024 preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this Paragraph must be included in all subawards and in all contracts and purchase orders for work or products under this Award. ARTICLE XIX PROMOTIONAL MATERIALS; PRIOR NOTIFICATION 19.1. Promotional and Written Materials. Use of Grant Funds for promotions is subject to the prohibitions for advertising or public relations costs in 2 CFR 200.421(e). In the event that Grant Funds are used in whole or in part to produce any written publications, announcements, reports, flyers, brochures or other written materials, Grantee must obtain Prior Approval for the use of those funds (2 CFR 200.467) and must include in these publications, announcements, reports, flyers, brochures and all other such material, the phrase "Funding provided in whole or in part by the [Granter]." 2 CFR 200.467. Exceptions to this requirement must be requested, in writing, from Granter and will be considered authorized only upon written notice thereof to Grantee. 19.2. Prior Notification/Release of Information. Grantee must notify Granter ten (10) days prior to issuing public announcements or press releases concerning work performed pursuant to this Agreement, or funded in whole or in part by this Agreement, and must cooperate with Granter in joint or coordinated releases of information. ARTICLE XX INSURANCE 20.1. Maintenance of Insurance. Grantee must maintain in full force and effect during the Term of this Agreement casualty and bodily injury insurance, as well as insurance sufficient to cover the replacement cost of any and all real or personal property, or both, purchased or, otherwise acquired, or improved in whole or in part, with funds disbursed pursuant to this Agreement. 2 CFR 200.310. Additional insurance requirements may be detailed in PART TWO or PART THREE. 20.2. Claims. If a claim is submitted for real or personal property, or both, purchased in whole with funds from this Agreement and such claim results in the recovery of money, such money recovered must be surrendered to Granter. ARTICLE XXI LAWSUITS AND INDEMNIFICATION 21.1. Independent Contractor. Neither Grantee nor any employee or agent of Grantee acquires any employment rights with Granter by virtue of this Agreement. Grantee must provide the agreed services and achieve the specified results free from the direction or control of Granter as to the means and methods of performance. Grantee must provide its own equipment and supplies necessary to conduct its business; provided, however, that in the event, for its convenience or otherwise, Granter makes any such equipment or supplies available to Grantee, Grantee's use of such equipment or supplies provided by Granter pursuant to this Agreement is strictly limited to official Granter or State of Illinois business and not for any other purpose, including any personal benefit or gain. Agreement No. FY.2024 21.2. Indemnification and Liability. (a) Non-governmental entities. This subparagraph applies only if Grantee is a non- governmental entity. Grantee must hold harmless Grantor against any and all liability, loss, damage, cost or expenses, including attorneys' fees, arising from the intentional torts, negligence or breach of contract of Grantee, with the exception of acts performed in conformance with an explicit, written directive of Grantor. Indemnification by Grantor is governed by the State Employee Indemnification Act (5 ILCS 350/.01 et seq.) as interpreted by the Illinois Attorney General. Grantor makes no representation that Grantee, an independent contractor, will qualify or be eligible for indemnification under said Act. (b) Governmental entities. This subparagraph applies only if Grantee is a governmental unit as designated in Paragraph 3.2. Neither Party shall be liable for actions chargeable to the other Party under this Agreement including, but not limited to, the negligent acts and omissions of the other Party's agents, employees or subcontractors in the performance of their duties as described under this Agreement, unless such liability is imposed by law. This Agreement is not construed as seeking to enlarge or diminish any obligation or duty owed by one Party against the other or against a third party. ARTICLE XXII MISCELLANEOUS 22.1. Gift Ban. Grantee is prohibited from giving gifts to State employees pursuant to the State Officials and Employees Ethics Act (5 ILCS 430/10-10) and Illinois Executive Order 15-09. 22.2. Assignment Prohibited. This Agreement must not be sold, assigned, or transferred in any manner by Grantee, to include an assignment of Grantee's rights to receive payment hereunder, and any actual or attempted sale, assignment, or transfer by Grantee without the Prior Approval of Grantor in writing renders this Agreement null, void and of no further effect. 22.3. Copies of Agreements upon Request. Grantee must, upon request by Grantor, provide Grantor with copies of contracts or other agreements to which Grantee is a party with any other State agency. 22.4. Amendments. This Agreement may be modified or amended at any time during its Term by mutual consent of the Parties, expressed in writing and signed by the Parties. 22.5. Severability. If any provision of this Agreement is declared invalid, its other provisions will remain in effect. 22.6. No Waiver. The failure of either Party to assert any right or remedy pursuant to this Agreement will not be construed as a waiver of either Party's right to assert such right or remedy at a later time or constitute a course of business upon which either Party may rely for the purpose of denial of such a right or remedy. 22.7. Applicable Law; Claims. This Agreement and all subsequent amendments thereto, if any, are governed and construed in accordance with the laws of the State of Illinois. Any claim against Grantor arising out of this Agreement must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1 et seq. Grantor does not waive sovereign immunity by entering into this Agreement. 22.8. Compliance with Law. This Agreement and Grantee's Obligations and services hereunder must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules, including but not limited to 44 Ill. Admin. Code Part 7000, laws and rules Agreement No. FY.2024 which govern disclosure of confidential records or other information obtained by Grantee concerning persons served under this Agreement, and any license requirements or professional certification provisions. 22.9. Compliance with Freedom of Information Act. Upon request, Grantee must make available to Grantor all documents in its possession that Grantor deems necessary to comply with requests made under the Freedom of Information Act. 5 ILCS 140/7(2). 22.10. Precedence. (a) Except as set forth in subparagraph (b), below, the following rules of precedence are controlling for this Agreement: In the event there is a conflict between this Agreement and any of the exhibits or attachments hereto, this Agreement controls. In the event there is a conflict between PART ONE and PART TWO or PART THREE of this Agreement, PART ONE controls. In the event there is a conflict between PART TWO and PART THREE of this Agreement, PART TWO controls. In the event there is a conflict between this Agreement and relevant statute(s) or rule(s), the relevant statute(s) or rule(s) controls. (b) Notwithstanding the provisions in subparagraph (a), above, if a relevant federal or state statute(s) or rule(s) requires an exception to this Agreement's provisions, or an exception to a requirement in this Agreement is granted by GATU, such exceptions must be noted in PART TWO or PART THREE, and in such cases, those requirements control. 22.11. Illinois Grant Funds Recovery Act. In the event of a conflict between the Illinois Grant Funds Recovery Act and the Grant Accountability and Transparency Act, the provisions of the Grant Accountability and Transparency Act control. 30 ILCS 708/80. 22.12. Headings. Articles and other headings contained in this Agreement are for reference purposes only and are not intended to define or limit the scope, extent or intent of this Agreement or any provision hereof. 22.13. Counterparts. This Agreement may be executed in one or more counterparts, each of which are considered to be one and the same agreement, binding on all Parties hereto, notwithstanding that all Parties are not signatories to the same counterpart. Duplicated signatures, signatures transmitted via facsimile, or signatures contained in a Portable Document Format (PDF) document are deemed original for all purposes. 22.14. 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, Grantor has the right to recover reasonable attorneys' fees, costs and expenses associated with such proceedings. 22.15. Continuing Responsibilities. The termination or expiration of this Agreement does not affect: (a) the right of Grantor to disallow costs and recover funds based on a later audit or other review; (b) the obligation of the Grantee to return any funds due as a result of later refunds, corrections or other transactions, including, without limitation, final Indirect Cost Rate adjustments and those funds obligated pursuant to ARTICLE XIV; (c) the CYEFR(s); (d) audit requirements established in 44 Ill. Admin. Code 7000.90 and ARTICLE XII; (e) property management and disposition requirements established in 2 CFR 200.310 through 2 CFR 200.316 and ARTICLE XVIII; or (f) records related requirements pursuant to ARTICLE IX. 44 Ill. Admin. Code 7000.440. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Agreement No. FCSCK07090 FY.2024 State Of Illinois. DHS GRANT AGREEMENT FISCAL YEAR 2024 Published Revision : 2023.08.22.07.41.40 107 Page: 24 of 37 EXHIBIT A PROJECT DESCRIPTION FEDERAL PROGRAM NAME: STATE PROGRAM NAME: SUPPORT MUNICIPALITIES FOR ASYLUM SEEKER SERVICES PURPOSE OF GRANT ACCOUNT_LINE(s) SUMMARY: Metropolitan Mayors Caucus (MMC) will be responsible for the distribution and administration of the $42.5 million in aid for new arrivals via the Supporting Municipalities for Asylum Seeker Services (SMASS) grant. Funding will be restricted to services meeting the basic needs of asylum seekers. Only municipality governments receiving asylum seekers are eligible to apply. For the purposes of SMASS funding, asylum seeker is defined as "an individual who crossed the Mexico/U.S. border on or after August 1, 2022, with the intent to stay permanently, and who does not possess any permanent or interim U.S. legal status (which does not include being in parole status), such as legal permanent residency, a student or work visa, etc." (This eligibility definition may differ in other contexts.) ------ END OF PROGRAM: SUPPORT MUNICIPALITIES FOR ASYLUM SEEKER SERVICES------- Agreement No. FCSCK07090 FY.2024 State Of Illinois. DHS GRANT AGREEMENT FISCAL YEAR 2024 Published Revision : 2023.08.22.07.41.40 107 Page: 25 of 37 EXHIBIT B DELIVERABLES 1. Deliverables: a. Work closely with the state on funding strategies and release a Notice of Funding Opportunity (NOFO) to inform municipalities of the funding guidelines for SMASS program. b. Manage an effective and efficient grant making process to ensure equitable funds distribution to statewide municipalities impacted by the arrival of the asylum seekers (AS) c. Management of Sub-recipients: oConsistent with GATA requirements, monitor fiscal and programmatic performance of sub-recipients, including reporting of required program data and expenditures. oProvide technical assistance and support to grant recipients to ensure their program success olnclude fiscal and program performance reports from grant recipients in MMC reports oConvene meetings with grantees regularly as needed to foster collective learning, problem solving and collaboration d.lnform IDHS of issues of concerns that require timely resolution 2. Reporting a. Time Period for Required Periodic Financial Reports (PFR). Grantee shall submit financial reports to Granter no later than 20 days after the month ends. b. Time Period for Required Periodic Performance Reports (PPR). Grantee shall submit Performance Reports to Granter no later than 20 days after the month ends. c. Time Period for Close-out Financial Reports. Grantee shall submit a Close-out Report no later than 30 days after this Agreement's end of the period of performance or termination (July 31, 2024) d. Time Period for Close-out Performance Reports. Grantee agrees to submit a Close-out Performance Report no later than 45 days after this Agreement's end of the period of performance or termination (August 15, 2024) ------ END OF PROGRAM: SUPPORT MUNICIPALITIES FOR ASYLUM SEEKER SERVICES------- EXHIBITC CONTACT INFORMATION CONTACTS FOR NOTIFICATION AND GRANT ADMINISTRATION: Unless specified elsewhere, all notices required or desired to be sent by either Party must be sent to the persons Agreement No. FCSCK07090 FY.2024 listed below. Grantee must notify Granter of any changes in its contact information listed below within five (5) business days from the effective date of the change, and Granter must notify Grantee of any changes to its contact information as soon as practicable. The Party making a change must send any changes in writing to the contact for the other Party. No amendment to this Agreement is required if information in this Exhibit is changed. FOR OFFICIAL GRANT NOTIFICATIONS State of Illinois OHS GRANT AGREEMENT FISCAL YEAR 2024 Published Revision : 2023.08.22.07 .41.40 107 Page: 26 of 38 FY.2024 Agreement No. FCSCK07090 EXHIBIT D State Of Illinois. DHS GRANT AGREEMENT FISCAL YEAR 2024 Published Revision : 2023.08.22.07.41.40 107 Page: 27 of 37 PERFORMANCE MEASURES 1) Implementation of the program consistent with the Project Description. 2) Accomplishments of deliverables under Exhibit B. 3) Submission of accurate Periodic Financial Report on the 20th of each month for expenses incurred in the previous month. 4) Submission of required Periodic Program Performance Report and progress report toward goals on the 20th of each month for the work completed in the previous month. ------ END OF PROGRAM: SUPPORT MUNICIPALITIES FOR ASYLUM SEEKER SERVICES------- FY.2024 Agreement No. FCSCK07090 EXHIBIT D State Of Illinois. DHS GRANT AGREEMENT FISCAL YEAR 2024 Published Revision : 2023.08.22.07.41.40 107 Page: 28 of 37 PERFORMANCE STANDARDS 1. At least 90% of the deliverables will be achieved consistent with the timetable detailed under Exhibit B. 2. 100% of the financial and program reports will be submitted by the deadline established under Exhibit B. 3. Any budget or program revision will be submitted timely for appropriate implementation of any new program plan or budget. ------ END OF PROGRAM: SUPPORT MUNICIPALITIES FOR ASYLUM SEEKER SERVICES------- Agreement No. FY.2024 EXHIBIT E SPECIFIC CONDITIONS SPECIFIC CONDITIONS ICQ Section:05-Audit Conditions:Grantee must submit, at least semi-annually, documentation to support the status of implementation of corrective action for audit findings. Risk Explanation:Medium to high risk will result in repeated audit findings, potential questioned cost, and increase of administrative and programmatic specific conditions that will increase the cost of managing the grant program. How to Fix:lmplementation of grantee's corrective action plan. Timeframe:When corrective action is complete. 05.01 - Have there been any changes in key organizational personnel since the last audit, such as Fiscal and Administrative Management, Executive Director, and/or Program Management? - Yes Develop and implement a training program that ensures all staff with grant administration duties is aware of the requirements of the Cost Principles contained in Subpart E of 2 CFR 200. 05.03 - What type of financial statement audit has the organization had conducted? - Financial audit conducted in accordance with Generally Accepted Government Auditing Standards Develop checklists to be used to verify the allowability of costs under Subpart E of 2 CFR 200. ------ END OF PROGRAM: SUPPORT MUNICIPALITIES FOR ASYLUM SEEKER SERVICES------- Agreement No. FY.2024 EXHIBIT F PAYMENT I. Advance Payment Method (Advance and Reconcile) A. An initial payment will be processed in an amount equal to the first two months' cash requirements as reflected in the Advance Payment Requirements Forecast (Cash Budget) Form submitted with the Grantee's application. The initial payment will be processed upon execution of the grantee's Uniform Grant Agreement. B. Grantees must submit monthly invoices in the format and method prescribed in the Grantee's executed Uniform Grant Agreement. Invoices must be submitted no later than 15 days following the end of any respective monthly invoice period, or as indicated in their UGA Exhibit F - Payments. Invoices must include only allowable incurred costs that have been paid by the Grantee. For programs that have Grantee matching requirements, allowable costs are only reimbursable when matching costs have also been incurred. C. Subsequent monthly payments will be based on each monthly invoice submitted to the grant program, and will be adjusted up or down, based on a comparison of actual cumulative expenditures to cumulative advance payments, to date. D. Grantees that do not expend all advance payment amounts by the end of the grant term or that are unable to demonstrate that all incurred costs were necessary, reasonable, allowable, or allocable as approved in their respective grant budget, must return the funds or be subject to grant funds recovery. E. Grantees may be required to submit supporting documentation for their requests at the request of and in a manner prescribed by the Grantor. F. Failure to abide by advance payment governance requirements may result in grantee losing their right to advance payments. ------ END OF PROGRAM: SUPPORT MUNICIPALITIES FOR ASYLUM SEEKER SERVICES------- Agreement No. FY.2024 PART TWO -GRANTOR-SPECIFIC TERMS In addition to the uniform requirements in PART ONE, Granter has the following additional requirements for its Grantee: ARTICLE XXIII ADDITIONAL CERTIFICATIONS 29.1 Certifications. Grantee shall be responsible for compliance with the enumerated certifications to the extent that the certifications legally apply to Grantee: (a) Adult Protective Services Act. Grantee certifies that it is in compliance with the Adult Protective Services Act to protect people with disabilities who are abused, neglected or financially exploited and who, because of their disability, cannot seek assistance on their own behalf. Anyone who believes a person with a disability living in a domestic setting is being abused, neglected or financially exploited must file a complaint with the Illinois Department on Aging. Grantee has an obligation to report suspected fraud or irregularities committed by individuals or other entities with whom it interacts on Grantor's behalf and should make a report to the appropriate program office (320 ILCS 20/1 et seq.). (b) Grant Award Requirements. Grantee certifies that it is in compliance with 45 CFR Part 93 and 45 CFR Part 94. (c) Business Entity Registration. Grantee certifies that it is not required to register as a business entity with the State Board of Elections pursuant to the Procurement Code (30 ILCS 500/20-160 and 30 ILCS 500/50-37). Further, Grantee acknowledges that all contracts between State agencies and a business entity that do not comply with this Paragraph shall be voidable under Section 50-60 of the Procurement Code (30 ILCS 500/50-60). ARTICLE XXIV ADDITIONAL TERMS 24.1 Renewal. This Agreement may be renewed for additional periods by mutual consent of the Parties, expressed in writing and signed by the Parties. Grantee acknowledges that this Agreement does not create any expectation of renewal. 24.2 Multiple Locations. In the event that Grantee has more than one location, Grantee shall include in EXHIBIT D either (1) the address, phone number and hours of operation of each location, or (2) the address, phone number and hours of operation of Grantee's primary location. 24.3 Changes in Key Grant Personnel. When it is specifically required as a condition of an Award, the replacement of the Program director or a key person or a substantial reduction in the level of their effort, e.g., their unanticipated absence for more than three (3) months, or a twenty-five percent (25%) reduction in the time devoted to the Award purposes, requires Prior Approval from Granter. When it is specifically required as a condition of an Award, Prior Approval will be required for the replacement or the substantial reduction in the level of effort of other personnel whose work is deemed by Granter to be critical to the Award's successful completion. All requests for approval of changes in key Grant personnel shall be signed by Grantee's authorized representative and submitted to the appropriate Granter program personnel. Evidence of the qualifications for replacement personnel (such as a resume) shall be included. 2 CFR 200.308. Agreement No. FY.2024 24.4 Grant Funds Recovery. The provisions of 89 Ill. Admin. Code 511 shall apply to any funds awarded that are subject to the Illinois Grant Funds Recovery Act. 24.5 Employee and Subcontractor Background Checks. Grantee certifies that neither Grantee, nor any employee or subcontractor who works on Grantor's premises, has a felony conviction. Any request for an exception to this rule must be made in writing, listing the name of the individual, home address, type of conviction and date of conviction. Grantee will also supply Grantor with a list of individuals assigned to work on DHS' premises at least ten (10) working days prior to the start of their employment, unless circumstances prevent Grantee from giving a list within that time. If Grantee cannot provide a list, or the name of an individual, at least ten (10) working days prior to his/her employment, it shall do so as soon as possible. Grantor may conduct, at its expense, criminal background checks on Grantee's employees and subcontractors assigned to work on Grantor's premises. To the extent permitted by Illinois law, Grantee agrees to indemnify and hold harmless Grantor and its employees for any liability accruing from said background checks. 24.6 Gifts. In addition to the Gift ban described in Paragraph 26.1, Grantee will provide Grantor with advance notice of Grantee's provision of gifts, excluding charitable donations, given as incentives to community- based organizations in Illinois and clients in Illinois to assist Grantee in carrying out its responsibilities under this Agreement. 24.7 Current Contact Information and Notices. Grantee shall update its contact information, including email address, phone number and job title, in the Community Services Agreement (CSA) Tracking System under the My Info tab, when any such information changes. In addition, Grantee shall contact the DHS Office of Contract Administration when its mailing address changes to update that information. Grantee acknowledges and agrees that any notices from Grantor may be made to its mailing address, electronic mail (email) address, or facsimile (fax) telephone number, at Grantor's choosing. Such notice shall be effective upon dispatch. 24.8 Supplies Disposition. Grantee must obtain disposition instructions from Grantor when supplies, purchased in whole or in part with Grant Funds, are no longer needed for their intended purpose. Notwithstanding anything to the contrary contained within this Agreement, Grantor may require transfer of any supplies to Grantor or a third party for any reason, including, without limitation, an Award is terminated or Grantee no longer conducts Award activities. The Grantee shall properly maintain, track, use, store and insure the supplies according to applicable best practices, manufacturer's guidelines, federal and State laws or rules, including without limitation those contained at 2 CFR 200.310 to 2 CFR 200.326, and Department requirements stated herein. All obligations regarding use and ownership of supplies, purchased in whole or in part with Grant Funds, shall survive the termination of this Agreement. 24.9 Reporting Requirements. The reporting timeframes described in Paragraphs 13.1, 13.2, 14.1 and 14.2 are specified in Exhibit B. ARTICLE XXV MONITORING AND INFORMATION 25.1 Monitoring of Conduct. In addition to Article XII of PART ONE, Grantor shall monitor Grantee's conduct under this Agreement which may include, but shall not be limited to, reviewing records of performance in accordance with administrative rules, license status review, fiscal and audit review, Agreement compliance and compliance with the affirmative action requirements of this Agreement. Grantor shall have the authority to conduct announced and unannounced monitoring visits and Grantee shall cooperate with Grantor in connection with all such monitoring visits. Failure of Grantee to cooperate with Grantor in connection with announced and unannounced monitoring visits is grounds for Grantor's termination of this Agreement. Agreement No. FY.2024 25.2 Requests for Information. Grantor may request, and Grantee shall supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract exists or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Grantee's contractual agreements, identity of employees, shareholders and directors of Grantee and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Grantee. 25.3 Rights of Review. This ARTICLE XXV does not give Grantor the right to review a license that is not directly related to the Award being audited nor does it allow Grantor to unilaterally revoke a license without complying with all due process rights to which Grantee is entitled under Federal, State or local law or applicable rules promulgated by Grantor. ARTICLE XXVI WORK PRODUCT 26.1 Assignment of Work Product. "Work Product" means all the tangible materials, regardless of format, delivered by Provider to DHS under this Agreement. Grantee assigns to Grantor all right, title and interest in and to Work Product. However, nothing in this Agreement shall be interpreted to grant Grantor any right, title or interest in Grantee's intellectual property that has been or will later be developed outside this Award. 26.2 License to Grantor. To the extent Grantee-owned works are incorporated into Work Product, Grantee grants to Grantor a perpetual, non-exclusive, paid-up, world-wide license in the use, reproduction, publication and distribution of such Grantee-owned works when included within the Work Product. Grantee shall not copyright Work Product without Grantor's prior written consent. 26.3 License to Grantee; Objections. Grantor grants to Grantee a perpetual, non-exclusive, paid-up license to publish academic and scholarly articles based upon the services rendered under this Agreement. All materials to be published shall first be submitted to Grantor at least forty-five (45) days prior to publication or other disclosure. Upon written objection from Grantor, Grantee shall excise any confidential information, as that term is defined in applicable State and Federal statutes, federal regulations and Grantor administrative rules, from materials before publication. Grantor may also object to the publication on grounds other than confidentiality. As to the latter objections, Grantee and Grantee will attempt to resolve Grantor's concerns within the forty-five (45) day review period, or as otherwise agreed between the Parties. Grantor waives any objections not made to Grantee in writing before expiration of the review period. 26.4 Unresolved Objections; Disclaimer. If Grantor's objections on grounds other than confidentiality are not resolved within the review period or other such time as agreed by the Parties, then Grantee may publish the materials but shall include therein the following disclaimer: "Although the research or services underlying this article were funded in whole or in part by the [Grantor], the [Grantor] does not endorse or adopt the opinions or conclusions presented in the article." Notwithstanding the above, Grantor shall not have the right to control or censor the contents of Grantee publications. Agreement No. FY.2024 ARTICLE XXVII POST-TERMINATION/NON-RENEWAL Agreement No. FY.2024 27.1 Duties. Upon notice by Grantor to Grantee of the termination of this Agreement or notice that Grantor will not renew, extend or exercise any options to extend the term of this Agreement, or that Grantor will not be contracting with Grantee beyond the term of this Agreement, Grantee shall, upon demand: (a) Cooperate with Grantor in assuring the transition of recipients of services hereunder for whom Grantee will no longer be providing the same or similar services or who choose to receive services through another Grantee. (b) To the extent permitted by law, provide copies of all records related to recipient services funded by Granter under this Agreement. (c) Grant reasonable access to Grantor to any and all Program sites serving recipients hereunder to facilitate interviews of recipients to assure a choice process by which recipients may indicate provider preference. (d) Provide detailed accounting of all service recipients' funds held in trust by Grantee, as well as the identity of any recipients for whom Grantee is acting as a representative payee of last resort. 27.2 Survival. The promises and covenants of this Article shall survive the Term of this Agreement for the purposes of the necessary transition of recipients of services hereunder. ARTICLE XXVIII LINGUISTIC AND CULTURAL COMPETENCY GUIDELINES AND ASSURANCE 28.1. Applicability. This Article does not apply to governmental bodies or institutions of higher education. 28.2. Plan Creation. For Grantees that do not have a Linguistic and Cultural Competency (LCC) Plan, the Grantee shall create its LCC Plan within one year following execution of this Agreement. The LCC Plan, including creation guidelines, is described on the Internet at http://www.dhs.state.il.us/page.aspx?item=66602. 28.3. Plan Implementation. For Grantees that have an LCC Plan, the Grantee certifies that it is updated annually to identify all goals met and to describe any efforts made toward meeting additional goals still in progress. 28.4. Plan Submission. Upon request, Grantee shall submit to the Granter its LCC Plan, including any updates. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Agreement No. FY.2024 PART THREE -PROJECT-SPECIFIC TERMS In addition to the uniform requirements in PART ONE and Granter-Specific Terms in PART TWO, Granter has the following additional requirements for this Project: ARTICLE XXIX ADDITIONAL REQUIREMENTS 29.1 Program Manual. The related Program Manual, if applicable, can be found via the following DHS website: http://www.dhs.state.il.us/page.aspx?item=29741 and is hereby incorporated into this Agreement. 29.2 Program Attachment. The related Program Attachment, if applicable, is . I tcan be found via the following DHS website: http://www.dhs.state.il.us/page.aspx?item=29741 and is hereby incorporated into this Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. ATTACHMENT B Work Plan Project Goals FY24 Housing Elgin will not be providing shelter services. a) # of SBAs served in shelters # of single adults NA # of families NA # of children b) # of shelter days provided Average # shelter days provided per SBA Centro de Información will be managing rental assistance. a) # of SBA households enrolled in housing case management 65 b) # of SBA families placed in housing with or without rental assistance # of SBA individuals placed in housing with or without rental assistance # of SBA children placed in housing with or without rental assistance. # of SBA households placed in housing with rental assistance 65 # of months for which rental assistance is being committed per household up to 7 Food Use FFGE’s food pantry and WCC’s emergency pantry to ensure asylum seekers have access to healthy food. a) # of SBAs provided with food assistance 1,500 b) # of meals provided Wraparound Services Centro de Información will be providing case management. a) # of SBAs provided with case management intake and services 100 b) # of SBA households securely reunited with personal connections Linkages with services # of SBA enrolled in state benefit programs # of SBA children enrolled in schools 10 # of SBA adults enrolled in English or other educational programs 10 # of SBAs who have secured employment 25 c) Other services # of SBAs enrolled in othe public sector benefit programs # of SBAs enrolled in childcare # of referrals made for healthcare services 25 # of referrals made for mental health services Legal Assistance Centro de Información will provide legal services. a) # of SBAs provided with legal services 50 b) # of legal workshops provided 6 c) # of applications submitted:50 for asylum for TPS for other legal remedies for employment authorization Health & Wellness Dental healthcare will be provided by the Well Child Center. WCC and Centro de Información case workers will make referrals for broader healthcare services. a) # of SBAs provided with health care services (including dental or vision)210 b) # of SBAs receiving behavioral and/or mental health services Attachment B - Work Plan City of Elgin ATTACHMENT C Budget ELGIN Shelter/ Housing Food Wrap-around Services Legal Supports Health and Wellness Total Budget Personnel $4,500.00 $120,137.60 $88,000.00 $212,637.60 Fringe Benefits $900.00 $28,539.40 $19,012.00 $48,451.40 Staff Travel $180.00 $180.00 $360.00 Equipment $10,400.00 $10,400.00 Supplies $51,600.00 $300.00 $300.00 $12,600.00 $64,800.00 Contractual Service $37,800.00 $37,800.00 Consultant Construction Occupancy (rent and utilities) Telecommunications Training and Education Other - Rental assistance $819,000.00 $819,000.00 Other - Travel Vouchers $50,000.00 $50,000.00 Other - Asylum Application Fees $27,250.00 $27,250.00 TOTAL BUDGET $819,000.00 $67,400.00 $199,157.00 $134,742.00 $50,400.00 $1,270,699.00 Attachment C - Budget City of Elgin ______________