Loading...
HomeMy WebLinkAbout25-149 Resolution No. 25-149 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF ILLINOIS, ENVIRONMENTAL PROTECTION AGENCY TO PROVIDE FUNDS FOR THE INSTALLATION OF STORMWATER RUNOFF REDUCTION GREEN INFRASTRUCTURE BEST MANAGEMENT PRACTICES IN CONNECTION WITH THE CITY HALL SUSTAINABLE PARKING LOT DESIGN RECONSTRUCTION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the State of Illinois,Environmental Protection Agency's grant in the amount of$534,338 to provide funds for the installation of stormwater runoff reduction green infrastructure best management practices in connection with the city hall sustainable parking lot design reconstruction project. 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 State of Illinois, Environmental Protection Agency, to provide funds for the installation of stormwater runoff reduction green infrastructure best management practices in connection with the city hall sustainable parking lot design reconstruction project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 27, 2025 Adopted: August 27, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Agreement No. 26-2388-23G1G003 GRANT AGREEMENT BETWEEN THE STATE OF ILLINOIS,ENVIRONMENTAL PROTECTION AGENCY AND CITY OF ELGIN The parties to this Grant Agreement(Agreement) are the State of Illinois (State), acting through the undersigned agency and City of Elgin (Grantee) (collectively,the"Parties"and individually, a"Party"). The Agreement, consisting of the signature page,the parts listed below, and any additional exhibits or attachments referenced in this Agreement, constitute the entire agreement between the Parties. No promises, terms, or conditions not recited, incorporated or referenced herein, including prior agreements or oral discussions, are binding upon either Grantee or Grantor. PART ONE-The Uniform Terms Article I Definitions Article II Award Information Article III Grantee Certifications and Representations Article IV Payment Requirements Article V Scope of Award Activities/Purpose of Award Article VI Budget Article VII Allowable Costs Article VIII Lobbying Article IX Maintenance and Accessibility of Records; Monitoring Article X Financial Reporting Requirements Article XI Performance Reporting Requirements Article XII Audit Requirements Article XIII Termination; Suspension; Non-compliance Article XIV Subcontracts/Subawards Article XV Notice of Change Article XVI Structural Reorganization and Reconstitution of Board Membership Article XVII Conflict of Interest Article XVIII Equipment or Property Article XIX Promotional Materials; Prior Notification Article XX Insurance Article XXI Lawsuits and Indemnification Article XXII Miscellaneous Exhibit A Project Description Exhibit B Deliverables or Milestones Exhibit C Contact Information Exhibit D Performance Measures and Standards Exhibit E Specific Conditions PART TWO - Grantor-Specific Terms PART THREE -Project-Specific Terms State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 1 of 32 Agreement No. 26-2388-23GIG003 The Parties or their duly authorized representatives hereby execute this Agreement. Illinois Environmental Protection Agency City of By: By: Signature of James Jennings ,Title Acting Director Signature of Authorized Representative Date: August 27,2025 By: N/A Printed Name. Richard G. Kozal Signature of Designee Printed Title: City Manager Date: Email: rick.kozal@elginil.gov Printed Name:N/A Printed Title: N/A By: By: Signature of Second Grantor Approver,if applicable Signatu of Second Grantee Approver if applicable Date: Date: August 27, 2025 Printed Name:Andrew Armstrong Printed Name: Kim Dewis Printed Title: Chief Legal Counsel Printed Title: CityClerk Second Grantor Approver Email: kim W.de i @elginil.gov Second Grantee Approver (optional at Grantee's discretion) By: Signature of Third Grantor Approver,if applicable Date: Printed Name:Jacob Poeschel Printed Title: Chief Financial Officer Third Grantor Approver State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 2 of 32 Agreement No. 26-2388-23G1G003 PART ONE-THE UNIFORM TERMS ARTICLE I DEFINITIONS 1A Definitions, Capitalized words andphrases used in this Agreement have the meanings stated in 2 CFR 200.1 unless otherwise stated below. "Allowable Costs" has the same meaning as in 44 III.Admin. Code 7000.30. "Award" has the same meaning as in 44 III.Admin. Code 7000.30. "Budget" has the same meaning as in 44 III. Admin. Code 7000.30. "Catalog of State Financial Assistance"or"CSFA" has the same meaning as in 44 III.Admin. Code 7000.30. "Close-out Report"means a report from the Grantee allowing Grantor to determine whether all applicable administrative actions and required work have been completed,and therefore closeout actions can commence. "Conflict of Interest" has the same meaning as in 44 III.Admin. Code 7000.30. "Cooperative Research and Development Agreement" has the same meaning as in 15 USC 3710a. "Direct Costs" has the same meaning as in 44 III.Admin. Code 7000.30. "Financial Assistance" has the same meaning as in 44 III. Admin. Code 7000.30. "GATU" has the same meaning as in 44 III.Admin. Code 7000.30. "Grant Agreement" has the same meaning as in 44 III.Admin. Code 7000.30. "Grantee Compliance Enforcement System"has the same meaning as in 44 III.Admin. Code 7000.30. "Grant Funds" means the Financial Assistance made available to Grantee through this Agreement. "Grantee Portal"has the same meaning as in 44 III.Admin. Code 7000.30. "Indirect Costs" has the same meaning as in 44 III.Admin. Code 7000.30. "Indirect Cost Rate" means a device for determining in a reasonable manner the proportion of Indirect Costs each Program should bear. It is a ratio(expressed as a percentage)of the Indirect Costs to a Direct Cost base. If reimbursement of Indirect Costs is allowable under an Award, Grantor will not reimburse those Indirect Costs unless Grantee has established an Indirect Cost Rate covering the applicable activities and period of time, unless Indirect Costs are reimbursed at a fixed rate. "Indirect Cost Rate Proposal" has the same meaning as in 44 III.Admin. Code 7000.30. "Obligations" has the same meaning as in 44 III.Admin. Code 7000.30. "Period of Performance" has the same meaning as in 44 III.Admin. Code 7000.30. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 3 of 32 Agreement No. 26-2388-23GIGO03 "Prior Approval has the same meaning as in 44 III.Admin. Code 7000.30. Profit" means an entity's total revenue less its operating expenses. interest paid, depreciation, and taxes. 'Profit' is synonymous with the term'net revenue." Program" means the services to be provided pursuant to this Agreement. "Program" is used interchangeably with "Project." "Program Costs" means all Allowable Costs incurred by Grantee and the value of the contributions made by third parties in accomplishing the objectives of the Award during the Term of this Agreement. "Related Parties" has the meaning set forth in Financial Accounting Standards Board (FASB)Accounting Standards Codification (ASC) 850-10-20. "SAM" has the same meaning as in 44 III.Admin. Code 7000.30. "State-issued Award' means the assistance that a grantee receives directly from a State agency. The funding source of the State-issued Award can be federal pass-through, State or a combination thereof. "State-issued Award"does not include the following: contracts issued pursuant to the Illinois Procurement Code that a State agency uses to buy goods or services from a contractor or a contract to operate State government-owned, contractor-operated facilities: agreements that meet the definition of"contract" under 2 CFR 200.1 and 2 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. "Illinois Stop Payment List" has the same meaning as in 44 III. Admin. Code 7000.30. "Unallowable Cost' has the same meaning as in 44 III.Admin. Code 7000.30. "Unique Entity Identifier" or"UEI" has the same meaning as in 44 III. Admin. Code 7000.30. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 4 of 32 Agreement No. 26-2388-23GIG003 ARTICLE II AWARD INFORMATION 2.1 Term. This Agreement is effective on execution and expires on 10/31/2.027 (the Term), unless terminated pursuant to this Agreement. 2.2. Amount of Agreement. Grant Funds(check one) ® must not exceed or ❑ are estimated to be $534,338.00 , of which $0.00 are federal funds. Grantee accepts Grantor's payment as specified in this ARTICLE. 2.3. Payment. Payment will be made as follows(see additional payment requirements in ARTICLE IV; additional payment provisions specific to this Award may be included in PART'TWO or PART THREE): The Grantee shall receive$534,338.00 under this Agreement. TOTAL PROJECT COST: $712,451.00 Grantor Share: $534,338.00 75.0 %of Total project cost Grantee Share: $178,113.00 25.0%of Total Project cost The specific terms of payment are: The estimated project costs allowable under this Agreement are identified in the Budget incorporated herein as an Attachment 1. The Grantor's financial obligations to the Grantee are limited to the amount of funding identified as"Grantor Share" in this Agreement. All Grantee costs and match must be incurred within the Agreement Term. If the Grantee incurs costs in anticipation of receiving additional funds from the Grantor, the Grantee does so at its own risk. Illinois state sales tax,travel, per diem, and lodging are not eligible for reimbursement or as match. Payment requests submitted by the Grantee must be for the reimbursement of incurred costs. Advanced payment is not allowed. Requests for payment must be submitted by the Grantee's authorized representative no more frequently than once per month. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the Grantor no later than August 1 of that year; otherwise the Grantee may have to seek payment through the Illinois Court of Claims. Each request must detail the amount and value of the work performed and must be accompanied by such supporting documentation as required by the Grantor. The requests for payment shall be submitted via Amplifund. The Grantor may withhold payment to the Grantee if the Grantee's progress in completing the Performance Measures contained in Exhibit D of this Agreement does not meet the project schedule contained in the Agreement to the satisfaction of the Grantor. The Grantor may withhold payment to the Grantee if Grantee fails to file required reports. The Grantor retains the right to withhold ten (10)percent of the Grantor Share until all products outlined in Exhibit D (Performance Measures)of this Agreement are submitted and approved by Grantor. Upon satisfactory completion of the work performed under the Agreement, as a condition before final payment under the Agreement or as a termination settlement under the Agreement the Grantee must execute and deliver to the Grantor a release of all claims against the Grantor arising under the Agreement. Unless otherwise provided in the Agreement or in another writing executed by both the Grantor and the Grantee, final payment under the Agreement or settlement upon termination of the Agreement shall not constitute a waiver of any claim that the Grantor may have pertaining to the Agreement against any party affected by the Agreement. 2.4. Award Identification Numbers. If applicable,the Federal Award Identification Number(FAIN) is N/A ,the federal awarding agency is N/A _ , the Federal Award date is N/A If applicable,the Assistance Listing Program Title is N/A State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 5 of 32 Agreement No. 26-2388-23G1G003 and Assistance Listing Number is N/A .The Catalog of State Financial Assistance(CFSA)Number is 532-60-2388 and the CSFA Name is Green Infrastructure Grant Opportunities • If applicable,the State Award Identification Number(SAIN) is 2388-9528 ARTICLE III GRANTEE CERTIFICATIONS AND REPRESENTATIONS 3.1 Registration Certification. Grantee certifies that: (i) it is registered with SAM and NX1VYN6MFXU9 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. 366005862 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): State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 6 of 32 Agreement No. 26-2388-23G I G 003 ❑ Individual ❑ Pharmacy-Non-Corporate ❑ Sole Proprietorship ❑ Pharmacy/Funeral Home/Cemetery Corp. ❑ Partnership ❑ Tax Exempt ❑ Corporation (includes Not For Profit) ❑ Limited Liability Company (select applicable ❑ Medical Corporation tax classification) ❑ Governmental Unit ❑ P=partnership ❑ Estate or Trust ❑ C=corporation If Grantee has not received a payment from the State of Illinois in the last two years, Grantee must submit a W-9 tax form with this Agreement. 3.3. Compliance with Uniform Grant Rules. Grantee certifies that it must adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,which are published in Title 2, Part 200 of the Code of Federal Regulations(2 CFR Part 200) and are incorporated herein by reference. 44 III.Admin. Code 7000.40(c)(1)(A). The requirements of 2 CFR Part 200 apply to the Grant Funds awarded through this Agreement, regardless of whether the original source of the funds is State or federal, unless an exception is noted in federal or State statutes or regulations. 30 ILCS 708/5(b). 3.4. Representations and Use of Funds. Grantee certifies under oath that(1)all representations made in this Agreement are true and correct and(2)all Grant Funds awarded pursuant to this Agreement must be used only for the purpose(s)described herein. Grantee acknowledges that the Award is made solely upon this 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). State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 7 of 32 Agreement No 26-2388-23G1G003 (g) Drug-Free Workplace. If Grantee is not an individual, Grantee certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. 30 ILCS 580/3. If Grantee is an individual and this Agreement is valued at more than $5,000, Grantee certifies it will not engage in the unlawful manufacture, distribution, dispensation, possession,or use of a controlled substance during the performance of the Agreement. 30 ILCS 580/4. Grantee further certifies that if it is a recipient of federal pass-through funds, it is in compliance with 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 Grantor all violations of criminal law involving fraud, bribery or gratuity violations potentially affecting this Award. Failure to disclose may result in remedial actions as stated in the Grant Accountability and Transparency Act. 30 ILCS 708/40. Additionally, if Grantee receives over$10 million in total federal Financial Assistance, during the period of this Award, Grantee must maintain the currency of information reported to SAM regarding civil,criminal or administrative proceedings as required by 2 CFR 200.113 and Appendix XII of 2 CFR Part 200,and 30 ILCS 708/40. (n) Federal Funding Accountability and Transparency Act of 2006(FFATA). Grantee certifies that it is in compliance with the terms and requirements of 31 USC 6101 with respect to Federal Awards greater than or equal to $30,000.A FFATA subaward report must be filed by the end of the month following the month in which the award was made. (o) Illinois Works Review Panel. For Awards made for public works projects, as defined in the Illinois Works Jobs Program Act, Grantee certifies that it and any contractor(s)or subcontractor(s)that performs work using funds from this Award, must, upon reasonable notice, appear before and respond to requests for information from the Illinois Works Review Panel. 30 ILCS 559/20-25(d). State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 8 of 32 Agreement No. 26-2388-23GIG003 (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 III.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. Grantor may terminate or suspend this Agreement, in whole or in part,without penalty or further payment being required, if(i) sufficient funds for this Agreement have not been appropriated or otherwise made available to Grantor by the State or the federal funding source, (ii)the Governor or Grantor reserves funds, or(iii)the Governor or Grantor determines that funds will not or may not be available for payment. Grantor must provide notice, in writing, to Grantee of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable.Any suspension or termination pursuant to this Paragraph will be effective upon the date of the written notice unless otherwise indicated. 4.2. Pre_:Award Costs. Pre-award costs are not permitted unless specifically authorized by Grantor in Exhibit A, PART TWO or PART THREE of this Agreement. If they are authorized, pre-award costs must be charged to the initial Budget Period of the Award, unless otherwise specified by Grantor. 2 CFR 200.458. 4.3. Return of Grant Funds. Grantee must liquidate all Obligations incurred under the Award within forty-five(45) days of the end of the Period of Performance, or in the case of capital improvement Awards,within forty-five(45) days of the end of the time period the Grant Funds are available for expenditure or obligation, unless Grantor permits a longer period in PART TWO OR PART THREE. Grantee must return to Grantor within forty-five(45) days of the end of the applicable time period as set forth in this Paragraph all remaining Grant Funds that are not expended or legally obligated. 4.4. Cash Management JmprovementAct ti$90. Unless notified otherwise in PART TWO or PARTIHRE.E, 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 III.Admin. Code 7000.120. 4.5. Payments to Third Parties. Grantor will have no liability to Grantee when Grantor acts in good faith to redirect all or a portion of any Grantee payment to a third party, Grantor will be deemed to have acted in good faith when it is in possession of information that indicates Grantee authorized Grantor to intercept or redirect payments to a third party or when so ordered by a court of competent jurisdiction. 4.6. Modifications to Estimated Amount. If the Agreement amount is established on an estimated basis,then it may be increased by mutual agreement at any time during the Term. Grantor may decrease the estimated amount of this Agreement at any time during the Term if(i)Grantor believes Grantee will not use the funds during the Term, (ii) Grantor believes Grantee has used Grant Funds in a manner that was not authorized by this Agreement, (iii)sufficient funds for this Agreement have not been appropriated or otherwise made available to Grantor by the State or the federal funding source, (iv)the Governor or Grantor reserves funds, or (v)the Governor or Grantor determines that funds will or may not be available for payment. Grantee will be notified, in writing, of any adjustment of the estimated amount of this Agreement. In State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 9 of 32 Agreement No. 26-2388-23G1G003 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 or a subrecipient will be treated in accordance with 2 CFR 200.305(b)(12), unless otherwise provided in PART TWO or PART THREE. Grantee and its subrecipients must remit annually any amount due in accordance with 2 CFR 200.305(b)(12)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)(10), (b)(11). 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, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812; 30 ILCS 708/120). ARTICLE V SCOPE OF AWARD ACTIVITIES/PURPOSE OF AWARD 5.1. Scope of Award Activities/Purpose of Award. Grantee must perform as described in this Agreement, including as described in Exhibit A(Project Description), Exhibit B(Deliverables or Milestones),and Exhibit D (Performance Measures and Standards),as applicable. Grantee must further comply with all terms and conditions set forth in the Notice of State Award(44 III.Admin. Code 7000.360)which is incorporated herein by reference. All Grantor-specific provisions and programmatic reporting required under this Agreement are described in PART TWO (Grantor-Specific Terms). All Project-specific provisions and reporting required under this Agreement are described in PART THREE (Project-Specific Terms). 5.2. Scope Revisions. Grantee must obtain Prior Approval from Grantor whenever a scope revision is necessary for one or more of the reasons enumerated in 44 III.Admin. Code 7000.370(b)(2). All requests for scope revisions that require Grantor approval must be signed by Grantee's authorized representative and submitted to Grantor for approval. Expenditure of funds under a requested revision is prohibited and will not be reimbursed if expended before Grantor gives written approval. 2 CFR 200.308. 5.3. Specific Conditions. If applicable, specific conditions required after a risk assessment are included in Exhibit E. Grantee must adhere to the specific conditions listed therein.44 III. Admin. Code 7000.340(e). State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 10 of 32 Agreement No. 26-2388-23G I G 003 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 III.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. 44 III.Admin. Code 7000.370(b)(7). ARTICLE VII ALLOWABLE COSTS 7.1. Allowability of Cost:Cost Allcation Methods.The allowability of costs and cost allocation methods for work performed under this Agreement will be determined in accordance with 2 CFR Part 200 Subpart E and Appendices III, IV, V, and VII. 7.2. Indirect Cost Rate Submission. (a) All grantees, except for Local Education Agencies (as defined in 34 CFR 77.1), must make an Indirect Cost Rate election in the Grantee Portal, even grantees that do not charge or expect to charge Indirect Costs. 44 III.Admin.Code 7000.420(e). (i) Waived and de minimis Indirect Cost Rate elections will remain in effect until Grantee elects a different option. (b) Grantee must submit an Indirect Cost Rate Proposal in accordance with federal and State regulations, in a format prescribed by Grantor. For grantees who have never negotiated an Indirect Cost Rate before, the Indirect Cost Rate Proposal must be submitted for approval no later than three months after the effective date of the Award. For grantees who have previously negotiated an Indirect Cost Rate,the Indirect Cost Rate Proposal must be submitted for approval within 180 days of Grantee's fiscal year end, as dictated in the applicable appendices, such as: (i) Appendix VII to 2 CFR Part 200 governs Indirect Cost Rate Proposals for state and Local Governments and Indian Tribes, (ii) Appendix III to 2 CFR Part 200 governs Indirect Cost Rate Proposals for public and private institutions of higher education, (iii) Appendix IV to 2 CFR Part 200 governs Indirect (FM) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations, and (iv) Appendix V to 2 CFR Part 200 governs state/Local Government-wide Central Service Cost Allocation Plans. (c) A grantee who has a current, applicable rate negotiated by a cognizant federal agency must provide to Grantor a copy of its Indirect Cost Rate acceptance letter from the federal government and a copy of all documentation regarding the allocation methodology for costs used to negotiate that rate, e.g., without limitation,the cost policy statement or disclosure narrative statement. Grantor will accept that Indirect Cost Rate, up to any statutory, rule-based or programmatic limit. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 11 of 32 Agreement No 26-2388-23GIGO03 (d) A grantee who does not have a current negotiated rate, may elect to charge a de minimis rate up to 15 percent of modified total direct costs, which may be used indefinitely. No documentation is required to justify the 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)(9)and 30 ILCS 708/97, Grantee must use reasonable efforts to ensure that funding streams are delineated within Grantee's accounting system. 2 CFR 200.302. (b) Source Documentation. Accounting records must be supported by such source documentation as canceled checks, bank statements, invoices, paid bills, donor letters, time and attendance records, activity reports, travel reports, contractual and consultant agreements, and subaward documentation.All supporting documentation must be clearly identified with the Award and general ledger accounts which are to be charged or credited. (i) The documentation standards for salary charges to Grants are prescribed by 2 CFR 200.430, and in the cost principles applicable to the Grantee's organization. (ii) If records do not meet the standards in 2 CFR 200.430, then Grantor may notify Grantee in PART TWO, PART THREE or Exhibit E of the requirement to submit personnel activity reports. 2 CFR 200.430(g)(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. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 12 of 32 Agreement No. 26-2388-23GIG003 (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 reauired certification under the Byrd Anti-Lobbying Amendment (31 USC 1352), if applicable. 8.2. Federal Form LLL. If any federal funds, other than federally-appropriated funds,were paid or will be paid to any person for influencing or attempting to influence any of the above persons in connection with this Agreement, the undersigned must also complete and submit Federal Form LLL, Disclosure of Lobbying Activities Form, in accordance with its instructions. 8.3. Lobbying CCQs1s. 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 Grantor. 8.6. Certification. This certification is a material representation of fact upon which reliance was placed to enter into this transaction and is a prerequisite for this transaction, pursuant to 31 USC 1352. Any person who fails to file the required certifications will be subject to a civil penalty of not less than$10,000, and not more than $100,000,for each such failure. ARTICLE IX MAINTENANCE AND ACCESSIBILITY OF RECORDS; MONITORING State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 13 of 32 Agreement No. 26-2388-23GIG003 9.1, Records Retention, Grantee must maintain for three(3)years from the date of submission of the final expenditure report, adequate books, all financial records and, supporting documents, statistical records. and all other records pertinent to this Award, adequate to comply with 2 CFR 200.334, unless a different retention period is specified in 2 CFR 200.334, 44 III.Admin. Code 7000.430(a)and (b) or 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. Acces_sibilityof Records. Grantee, in compliance with 2 CFR 200.337 and 44 III. Admin. Code 7000.430(f), must make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized Grantor representatives,the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, Grantor's Inspector General,federal authorities, any person identified in 2 CFR 200.337, and any other person as may be authorized by Grantor(including auditors), by the State of Illinois or by federal statute. Grantee must cooperate fully in any such audit or inquiry. 9.3. Failure to Maintain Booksa_nd Records. Failure to maintain adequate books, records and supporting documentation, as described in this ARTICLE,will result in the disallowance of costs for which there is insufficient supporting documentation and also establishes a presumption in favor of the State for the recovery of any Grant Funds paid by the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. 9.4. Monitoring and Access to Information. Grantee must monitor its activities to assure compliance with applicable state and federal requirements and to assure its performance expectations are being achieved. Grantor will monitor the activities of Grantee to assure compliance with all requirements including applicable programmatic rules, regulations, and guidelines that the Grantor promulgates or implements, and performance expectations of the Award. Grantee must timely submit all financial and performance reports. and must supply, upon Grantor's request, documents and information relevant to the Award. Grantor may make site visits as warranted by Program needs. 2 CFR 200.329; 200.332. Additional monitoring requirements may be in PART TWO or 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 Grantor no later than the dues date(s)specified in PART TWO or PART TIfREE. Grantee must submit reports to Grantor describing the expenditure(s)of the funds related thereto at intervals specified by Grantor,which must be no less than annually and no more frequently than quarterly,unless otherwise specified in either PART TWO or PART THREE (approved as an exception by GATU)or on Exhibit E pursuant to specific conditions. 2 CFR 200.328(b). Any report required by 30 ILCS 708/125 may be detailed in PART TWO or PART THREE. 10.2. Financial Close-out Report. (a) Grantee must submit a financial Close-out Report,in the format required by Grantor, by the due date specified in FART TWO or FART THREE,which must be no later than sixty(60)calendar days following the end of the Period of Performance for this Agreement or Agreement termination. The format of this financial Close-out Report must follow a format prescribed by Grantor. 2 CFR 200.344;44 III.Admin.Code 7000.440(b). (b) If an audit or review of Grantee occurs and results in adjustments after Grantee submits a Close-out Report, Grantee must submit a new financial Close-out Report based on audit adjustments,and immediately submit a refund to Grantor, if applicable. 2 CFR 200.345;44 III.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 Grantor, or in any other legal proceeding. Grantee should refer to the State Grantee State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 14 of 32 Agreement No. 26-2388-23GIG003 Compliance Enforcement System for policy and consequences for failure to comply. 44 III.Admin. Code 7000.80.1.1. ARTICLE XI PERFORMANCE REPORTING REQUIREMENTS 11.1. ReJuired Periodic Performance Reports. Grantee must submit performance reports as requested and in the format required by Grantor no later than the due date(s) specified in PART TWA)or PART THREE.44 III.Admin. Code 7000.410. Grantee must report to Grantor on the performance measures listed in Wxhlblt D,PART TWO or PART THREE at the intervals specified by Grantor,which must be no less frequent than annually and no more frequent than quarterly, unless otherwise specified in either PART TWO or PARTTHREE(approved as an exception by GATU),or on Exhibit E pursuant to specific 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 Grantor 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 III.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 project or program 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 reporting period (for example, comparing costs to units of accomplishment); a computation of the cost and demonstration of cost effective practices (e.g.,through unit cost data); performance trend data and analysis if required;the reasons why established goals were not met, if appropriate; and additional information, analysis,and explanation of any cost overruns or higher-than-expected unit costs. Additional content and format guidelines for the performance reports will be determined by Grantor contingent on the Award's statutory, regulatory and administrative requirements,and are included in PART TWO or PARLTHREE of this Agreement. ARTICLE XII AUDIT REQUIREMENTS 12.1 Audits.Grantee is subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507), Subpart F of 2 CFR Part 200, and the audit rules and policies set forth by the Governor's Office of Management and Budget. 30 ILCS 708/65(c);44 III. Admin. Code 7000.90. 12.2. Consolidated Year-End Financial Reports(CYEFRi.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 IAO 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 III.Admin. Code 7000.90. If Grantee is not required to complete audited financial statements, the CYEFR must cover Grantee's fiscal year and must be submitted within 6 months of the Grantee's fiscal year-end. (b) The CYEFR must include an in relation to opinion from the auditor of the financial statements included in the audit. (c) The CYEFR must follow a format prescribed by Grantor 12.3. Entities That Are Not`For-Profit". (a) This Paragraph applies to Grantees that are not"for-profit"entites. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 15 of 32 Agreement No. 26-2388-23GIG003 (b) Single and Program_-Smifi_c Audits. If, during its fiscal year, Grantee expends at least$1,000,000 in federal Awards(direct federal and federal pass-through awards combined), Grantee must have a single audit or program-specific audit conducted for that year as required by 2 CFR 200.501 and other applicable sections of Subpart F of 2 CFR Part 200. The audit report packet must be completed as described in 2 CFR 200.512 (single audit) or 2 CFR 200.507 (program-specific audit), 44 III. Admin. Code 7000.90(h)(1)and the current GATA audit manual and submitted to the Federal Audit Clearinghouse, as required by 2 CFR 200.512. The results of peer and external quality control reviews, management letters issued by the auditors and their respective corrective action plans if significant deficiencies or material weaknesses are identified,and the CYEFR(s)must be submitted to the Grantee Portal at the same time the audit report packet is submitted to the Federal Audit Clearinghouse. 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 the threshold amount $1,000,000 in federal Awards, Grantee is subject to the following audit requirements: (i) If, during its fiscal year, Grantee expends at least$750,000 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 $750,000 in State-issued Awards, but expends at least the$500,000 in State-issued Awards, Grantee must have a financial statement audit conducted in accordance with the Generally Accepted Auditing Standards(GAAS). (iii) If Grantee is a Local Education Agency (as defined in 34 CFR 77.1), Grantee must have a financial statement audit conducted in accordance with GAGAS, as required by 23 III.Admin. Code 100.110, regardless of the dollar amount of expenditures of State-issued Awards. (iv) If Grantee does not meet the requirements in subsections 12.3(b) and 12.3(c)(i-iii) but is required to have a financial statement audit conducted based on other regulatory requirements, Grantee must submit those audits for review. (v) Grantee must submit its financial statement audit report packet, as set forth in 44 III.Admin. Code 7000.90(h)(2)and the current GATA audit manual, to the Grantee Portal within the earlier of(i)thirty (30) calendar days after receipt of the auditor's report(s)or(ii) six(6) months after the end of Grantee's audit period.(i) 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 at least$1,000,000 in federal pass-through funds from State-issued Awards, Grantee must have a program-specific audit conducted in accordance with 2 CFR 200.507. The auditor must audit federal pass-through programs with federal pass-through Awards expended that, in the aggregate, cover at least 50 percent(0.50)of total federal pass-through Awards expended. The audit report packet must be completed as described in 2 CFR 200.507(program-specific audit),44 III.Admin. Code 7000.90 and the current GATA audit manual, and must be submitted to the Grantee Portal. The due date of all required submissions set forth in this Paragraph is the earlier of(i)thirty(30)calendar days after receipt of the auditor's report(s)or(ii)nine(9) months after the end of Grantee's audit period. (c) Financial Statement Audit. If,during its fiscal year, Grantee expends less than at least$1,000,000 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. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 16 of 32 Agreement No. 26-2388-23GIG003 12.5. Performance of Audits. For those organizations required to submit an independent audit report,the audit must be conducted by the Illinois Auditor General (as required for certain governmental entities only), or a Certified Public Accountant or Certified Public Accounting Firm licensed in the State of Illinois or in accordance with Section 5.2 of the Illinois Public Accounting Act(225 ILCS 450/5.2). For all audits required to be performed subject to GAGAS or Generally Accepted Auditing Standards, Grantee must request and maintain on file a copy of the auditor's most recent peer review report and acceptance letter. Grantee must follow procedures prescribed by Grantor for the preparation and submission of audit reports and any related documents. 12.6. Delinquent Reports. When audit reports or financial statements required under this ARTICLE are prepared by the Illinois Auditor General, if they are not available by the above-specified due date, they must be provided to Grantor within thirty(30) days of becoming available. Grantee should refer to the State Grantee Compliance Enforcement System for the policy and consequences for late reporting. 44 III.Admin. Code 7000.80. 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)(3). (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, and if this termination is permitted in the terms and conditions of the Award,which must be detailed in Exhibit A, PART TWO or PARLTHREE. 13.2. Suspension. Grantor may suspend this Agreement, in whole or in part, pursuant to a funding failure under Paragraph 4.1 or if the Grantee fails to comply with terms and conditions of this or any Award. If suspension is due to Grantee's failure to comply, Grantor may withhold further payment and prohibit Grantee from incurring additional Obligations pending corrective action by Grantee or a decision to terminate this Agreement by Grantor. Grantor may allow necessary and proper costs that Grantee could not reasonably avoid during the period of suspension. 13.3. Non-Compliance. If Grantee fails to comply with the U.S. Constitution, applicable statutes, regulations or the terms and conditions of this or any Award, Grantor may impose additional conditions on Grantee, as described in 2 CFR 200.208. If Grantor determines that non-compliance cannot be remedied by imposing additional conditions, Grantor may take one or more of the actions described in 2 CFR 200.339. The Parties must follow all Grantor policies and procedures regarding non-compliance, including, but not limited to, the procedures set forth in the State Grantee Compliance Enforcement System. 44 III.Admin. Code 7000.80 and 7000.260. 13.4. 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 State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 17 of 32 Agreement No. 26-2388-23GIGO03 such suspension, termination or other action by Grantor in accordance with any applicable processes and procedures, including, but not limited to, the procedures set forth in the State Grantee Compliance Enforcement System. 2 CFR 200.342; 44 III.Admin. Code 7000.80 and 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 or Obligations that require the use of Grant Funds after the effective date of a suspension or termination,and must cancel as many outstanding Obligations as possible. (c) Costs to Grantee resulting from Obligations incurred by Grantee during a suspension or after termination of the Agreement are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination or subsequently. However, Grantor may allow costs during a suspension or after termination if: (i) The costs result from Obligations properly incurred before the effective date of suspension or termination, are not in anticipation of the suspension or termination, and the costs would be allowable if the Agreement was not suspended or terminate° 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 follow all applicable requirements set forth in 2 CFR 200.332. 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). 14.3. Liability as Guaranty. Grantee will be liable as guarantor for any Grant Funds it obligates to a subrecipient or subcontractor pursuant to this ARTICLE in the event Grantor determines the funds were either misspent or are being improperly held and the subrecipient or subcontractor is insolvent or otherwise fails to return the funds. 2 CFR 200.345; 30 ILCS 705/6; 44 III.Admin. Code 7000.450(a). ARTICLE XV NOTICE OF CHANGE 15.1. Notice of 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, State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 18 of 32 Agreement No. 26-2388-23G1G003 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. Noioe_4f 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, PARTiY O 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 200.112; 30 ILCS 708/35. 1.1. 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 State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 19 of 32 Agreement No. 26-2388-23GIG003 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 200.317-200.327 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, to the greatest extent practicable and consistent with law, Grantee must, under this Award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).The requirements of this Paragraph must be included in all subawards and in all contracts and purchase orders 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). To use Grant Funds in whole or in part to produce any written publications, announcements, reports, flyers, brochures or other written materials,these uses must be allowable under 2 CFR 200.421 and 200.467 and Grantee 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[Grantor]."2 CFR 200.467. Exceptions to this requirement must be requested, in writing,from Grantor and will be considered authorized only upon written notice thereof to Grantee. 19.2. Prior Notification/ReJea.Q of Information. Grantee must notify Grantor ten (10) days prior to issuing public announcements or press releases concerning work performed pursuant to this Agreement, or funded in whole or in part by this Agreement, and must cooperate with Grantor in joint or coordinated releases of information. ARTICLE XX INSURANCE State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 20 of 32 Agreement No. 26-2388-23G1G003 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 (including equipment), 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 Grantor. ARTICLE XXI LAWSUITS AND INDEMNIFICATION 21.1. Independent Contractor. Neither Grantee nor any employee or agent of Grantee acquires any employment rights with Grantor by virtue of this Agreement. Grantee must provide the agreed services and achieve the specified results free from the direction or control of Grantor as to the means and methods of performance. Grantee must provide its own equipment and supplies necessary to conduct its business; provided, however, that in the event, for its convenience or otherwise, Grantor makes any such equipment or supplies available to Grantee. Grantee's use of such equipment or supplies provided by Grantor pursuant to this Agreement is strictly limited to official Grantor or State of Illinois business and not for any other purpose, including any personal benefit or gain. 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. Copi s oLAgreements_uponRequesc. 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 State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 21 of 32 Agreement No 26-2388-23GI0003 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. Grantee is responsible for ensuring that Grantee's Obligations and services hereunder are performed in compliance with all applicable federal and State laws, including, without limitation,federal regulations, State administrative rules, including but not limited to 44 III.Admin. Code Part 7000, laws and rules which govern disclosure of confidential records or other information obtained by Grantee concerning persons served under this Agreement, and any license requirements or professional certification provisions. 22.9. Compliance withFreedom 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 1.1. Compliance with Whistleblower Protections. Grantee must comply with the Whistleblower Act(740 ILCS 174/1 et seq.)and the whistleblower protections set forth in 2 CFR 200.217, including but not limited to, the requirement that Grantee and its subrecipients inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C.4712. 22.11. 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. 22.12. 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. 22.13. 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. 22.14. 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. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 22 of 32 Agreement No. 26-2388-23G1G003 22.15. 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. 22.16. Continuing RespQtsibilities. The termination or expiration of this Agreement does not affect: (a)the right of Grantor to disallow costs and recover funds based on a later audit or other review; (b)the obligation of the Grantee to return any funds due as a result of later refunds, corrections or other transactions, including, without limitation, final Indirect Cost Rate adjustments and those funds obligated pursuant to ARTICLE XIV; (c)the CYEFR(s); (d) audit requirements established in 44 III.Admin. Code 7000.90 and ARTICLE XII ; (e) property management and disposition requirements established in 2 CFR 200.310 through 2 CFR 200.316 and ARTICLE XVIII; or(f) records related requirements pursuant to ARTICLE IX. 44 III. Admin. Code 7000.440. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Stale of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 23 of 32 Agreement No. 26-2388-23G 10003 EXHIBIT A PROJECT DESCRIPTION This project will implement green infrastructure best management practices (BMP) in the Jelkes Creek/Fox River watershed (HUC 071200061206)to reduce stormwater runoff to protect water quality. This project will retrofit the Elgin City Hall 2.2-acre impervious parking lot by implementing rain gardens, filter strips with native plantings, and permeable pavers to reduce stormwater runoff. An oil and grit separator will also be installed. The project will benefit the Fox River(IL_DT-18). The proposed BMPs include rain gardens and filter strips that replace asphalt or turf grass and permeable pavers to replace a portion of the asphalt. The proposed rain gardens replace the existing pavement and bedding with an amended soil mixture, constructing a designed overflow structure into the storm sewer system, and restoring with deep rooted native vegetation. Five rain gardens will replace the existing turf grass areas at the southwest edge of the lot and at the east entrance of the parking lot at Douglas Avenue and Division Street where they will accept flow from Douglas Avenue. Thirteen rain gardens will replace select parking stalls and along the pedestrian crosswalks where they will be highly visible to City Hall visitors. Native plant filter strips will replace the mulch within the medians and turf grass overland flow path near the east entrance. Permeable pavers will be installed in both parking slots and the driving lane. The project includes final design and engineering and BMP implementation. It may include mobilization; tree protection; erosion control; site preparation; sidewalk, curb, and gutter removal; earthwork cut and fill; filter fabric, aggregate, underdrain pipe, pavers, reverse pitch curb and gutters, PC Concrete pavement; and site restoration including amended soil, topsoil spread, seeding, plants, mulch and blanket, traffic control and protection; and a stabilized construction entrance. • OUTPUTS: O 18 rain gardens (total 8,300 square feet) O 13,700 square feet of permeable pavers O 1 oil and grit separator 0 8,100 square feet of native plant gardens • OUTCOMES: to 82,000 gallons of Increased stormwater retention and infiltration. o Decreased flooding and reduced stormwater delivery to the Fox River(IL_DT-18) State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 24 of 32 Agreement No 26-2388-23GIG003 EXHIBIT B DELIVERABLES OR MILESTONES Description Completion Date PROJECT COORDINATION 1. Project Coordination August 1, 2027 BEST MANAGEMENT PRACTICE (BMP) IMPLEMENTATION 2. BMP Documentation Form (Part 1) and Design April 1, 2026 O&M Plan February 1, 2026 Sign Design February 1, 2026 Landowner Agreement February 1, 2026 Last Day to Start BMP Implementation September 1, 2026 Complete Implementation of BMPs May 30, 2027 BMP Documentation Form (Part 2) w/Invoices and Photo Documentation July 15, 2027 PROJECT REPORT 3. Project Report August 1, 2027 OTHER DIRECTED ACTIVITIES Periodic Performance and Financial Reports Quarterly as stipulated State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 25 of 32 Agreement No. 26-2388-23GIG003 EXHIBIT C CONTACT INFORMATION CONTACTS FOR NOTIFICATION AND GRANT ADMINISTRATION: Unless specified elsewhere, all notices required or desired to be sent by either Party must be sent to the persons listed below. Grantee must notify Grantor of any changes in its contact information listed below within five (5) business days from the effective date of the change, and Grantor must notify Grantee of any changes to its contact information as soon as practicable. The Party making a change must send any changes in writing to the contact for the other Party. No amendment to this Agreement is required if information in this Exhibit is changed. FOR OFFICIAL GRANT NOTIFICATIONS GRANTOR CONTACT GRANTEE CONTACT Name: Christine Davis Name: Mike Pubentz Title: Manager, Watershed Management Section Title: Public Services Director Address: Illinois Environmental Protection Agency Address: City of Elgin Bureau of Water, Nonpoint Source Unit Mail 1900 Holmes Road Code#15 Elgin, Illinois 60123-1200 P.O. Box 19276 Springfield, Illinois 62794-9276 GRANTEE PAYMENT ADDRESS Additional Information (if different than the address above) Address: (847)931-5968 Mike.pubentz@elginil.gov FOR GRANT ADMINISTRATION GRANTOR CONTACT GRANTEE CONTACT Name: Christine Davis Name: Logan Gilbertsen Title: Manager,Watershed Management Title: Engineering Consultant Address: PO Box 19276,Springfield, IL 62794 Address: 323 Alana Drive, New Lenox, IL Phone: 217-782-3362 Phone: 815-759-8370 TTY#: TTY#: Email Address: christine.davis@illinois.gov Email Address: Igilbertsen@hrgreen.com State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 26 of 32 Agreement No. 26-2388-23GIG003 EXHIBIT D PERFORMANCE MEASURES AND STANDARDS Under this Agreement, the Grantee shall complete*the following tasks. *AII submissions shall be sent to the Grantor Contact as identified in Exhibit C of this Agreement and shall be submitted electronically unless otherwise specified by the Grantor. PROJECT COORDINATION 1. The Grantee shall cause the development of designs and the implementation of the best management practices (BMP) identified in Exhibit A of this Agreement.The Grantee shall ensure that the BMPs are designed and implemented consistent with the GIGO Notice of Funding Opportunity. The Grantee shall secure any necessary permits prior to the implementation of the Design developed under Item 2 of Exhibit D of this •greement. BEST MANAGEMENT PRACTICE (BMP) IMPLEMENTATION 2. The Grantee shall complete Part I of the GIGO BMP Documentation Form (Part I) and compile all design supplemental information (Design)for the BMPs identified in Exhibit A of this Agreement. The Design shall include all plans and specifications, operation and maintenance plans (O&M Plan), a description of installation and construction techniques, and materials to be used (including plant species). The Design shall meet the current requirements of at least one of the following documents: 1) the current Natural Resources Conservation Service (NRCS) Technical Guide and Engineering Field Manual, 2) the Illinois Urban Manual, and/or 3)the Native Plant Guide for Streams and Stormwater Facilities in Northeastern Illinois. The Design shall be certified by a registered professional engineer unless the Grantee obtains a written waiver from this certification requirement from the Grantor. Part I and the Design shall be submitted by the Grantee to the Grantor for review and approval by April 1, 2026. Upon Grantor's request, Part I and the Design shall be re-submitted containing all required modifications by the Grantee to the Grantor for review and approval. No activities related to BMP implementation shall be started until the BMP Design is approved by the Grantor. An O&M Plan shall be developed to ensure the long-term viability (no less than 10 years)for the BMPs implemented under this Agreement. The O&M Plan shall identify inspection needs and management activities such as sediment and debris removal, replacement of vegetation and hardware, chemical treatment, etc. The O&M Plan shall identify both coordinating (i.e., local governments) and participating (i.e., citizen groups, landowners) parties to carry out inspection and management needs, as well as the financial resources necessary for implementation of the O&M Plan. The O&M Plan shall be submitted by the Grantee to the Grantor for review and approval by February 1, 2026. Upon Grantor's request, the O&M Plan shall be re-submitted containing all required modifications by the Grantee to the Grantor for review and approval. No activities related to BMP implementation shall be started until the O&M Plan is approved by the Grantor. The Grantee shall design a sign which acknowledges the participating agencies and identifies GIGO as a funding source of the project. The Grantee shall complete and submit a sign design to the Grantor for review and approval by February 1, 2026. Upon Grantor's request, the sign design shall be re-submitted containing all State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 27 of 32 Agreement No. 26-2388-23GIGO03 require. moil cations .y the ran ee to the Grantor for review and approval. The Grantee sh 11 erect the sign prior to the installation of the BMP(s) and for a period thereafter as mutually agreed upon by the Grantee and the Grantor. In the event that the Grantee does not own the entire project site, the Grantee shall enter into legally binding agreements with participating landowners to ensure that the BMPs are maintained as designed and that the O&M Plans are implemented for no less than 10 years from the implementation of the BMPs. The Grantee shall submit a draft of the agreement to the Grantor for review and approval by February 1, 2026. Upon Grantor's request, the draft landowner agreement shall be re-submitted containing all required modifications by the Grantee to the Grantor for review and approval. The Grantee shall submit a copy of the executed agreement(s) to the Grantor prior to the implementation of the BMP. Implementation of the BMP Designs developed in accordance with Item 2 of Exhibit D of this Agreement must begin by September 1, 2026. If construction and implementation of the Designs has not begun by September 1, 2026, the Grantee, or its Assigns, shall immediately discontinue all work on the Design implementation, unless an extension is requested by the Grantee and approved by the Grantor prior to August 1, 2026. In the event of such a discontinuation of work, limited costs incurred in association with the BMP Design will be eligible for reimbursement by the Grantor. The Grantee shall complete the implementation of the BMPs by May 30, 2027. Upon completion of the BMPs, e Grantee shall complete and submit Part II of the GIGO BMP Documentation Form with all supporting documentation to the Grantor by July 15, 2027. Upon Grantor's request, Part II shall be re-submitted containing all required modifications by the Grantee to the Grantor for review and approval. Support documentation includes invoice and photographic documentation. PROJECT REPORT 3. The Grantee shall evaluate and prepare a report on the success of the City Hall Parking Lot Green Infrastructure Project in terms of stormwater runoff and flood control. The report shall document the grant agreement number, the project period, project title, project tasks, implementation schedule, and budget. For all BMP implementation developed under Item 2 of this Agreement, the report shall include pre and post conditions, type and location of practices, plans and specifications, the 0 & M Plan, a description of installation and construction techniques, and materials used (including plant species). The report shall be completed and submitted by the Grantee to the Grantor for review and approval by August 1. 2027. Upon Grantor's request, the report shall be re-submitted containing all required modifications by the Grantee to the Grantor for review and approval. Upon approval, two (2) paper copies and one (1) electronic copy shall be submitted to the Grantor. PERFORMANCE STANDARDS All products produced, and all work performed by the Grantee under this Agreement shall be subject to review and approval by the Grantor to determine eligibility and acceptability in meeting the terms and intent of this Agreement. The Grantee shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all services furnished by the Grantee under this Agreement. The Grantee must, without additional financial assistance, correct or revise any errors or deficiencies in its services. The Grantee will perform such services as necessary to accomplish the objectives of this Agreement, in accordance with all the terms of this Agreement. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 28 of 32 Agreement No. 26-2388-23GIG003 EXHIBIT E SPECIFIC CONDITIONS Grantor may remove (or reduce)a Specific Condition included in this Exhibit by proving written notice to the Grantee, in accordance with established procedures for removing a Specific Condition. None Identified. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 29 of 32 Agreement No. 26-2388-23G1G003 PART TWO -GRANTOR-SPECIFIC TERMS In addition to the uniform requirements in PART ONE, Grantor has the following additional requirements for its Grantee: ARTICLE XXIII REPORTING 23.1 Grantee shall file a Quarterly Periodic Financial Report(PFR)and Periodic Performance Report(PPR) for quarters ending March 31, June 30, September 30, and December 31 ,with the Grantor describing the expenditure(s) of the funds and performance measures related thereto. The first Periodic Financial Report(PFR) and Periodic Performance Report shall cover the reporting period after the effective date of the Agreement. a Quarterly reports must be submitted no later than 30 calendar days following the period covered by the report. For the purpose of reconciliation, the Grantee must submit an annual Periodic Financial Report(PFR)for the period ending 12/31 _ (Grantee's Fiscal Year End date). This report should include the Grantee's entire Fiscal Year expenditures for this award. Reports must be submitted no later than 30 calendar days following the period covered by the report. A Periodic Financial Report(PFR)and Periodic Performance Report(PPR) marked as"Final Report" must be submitted to Grantor 60 days after the end date of the Agreement. Failure to submit the required PFR and PPR reports may cause a delay or suspension of funding. In addition to the aforementioned reporting requirements,Grantee shall submit the following reports. In reference to Part One, Article XI, Item 11.3 of this Agreement, the Grantee will submit the performance report supplemental attachment using the following format.The first page will include the project title, agreement number,the period of time that the report covers, and a table showing the entire list of Deliverables or Milestones (Exhibit B) and all deliverables defined in the strategies developed under this grant. The table shall include the task, its scheduled completion date, and current status. The remainder of the report will include the items listed in Section 11.3, plus information regarding what happened during this quarter and what is scheduled for the upcoming quarter. For projects implementing best management practices,the report will include a table of all projects, which lists the project owner, estimated date to be completed, implementation status, and comments as needed. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 30 of 32 Agreement No 26-2388-23G1G003 PART THREE -PROJECT-SPECIFIC TERMS In addition to the uniform requirements in PART ONE and Grantor-Specific Terms in PART TWO, Grantor has the following additional requirements for this Project: In reference to Part One, Article IV, Item 4.8 of this Agreement, the Grantee is not required to submit payment requests to the Grantor within fifteen (15) days of the end of the quarter but may instead request reimbursement of incurred costs as needed within the Agreement Term but may do so no more frequently than once per month. The Grantee and the Grantor have the right to use (including, but not limited to, citing to, circulating, displaying, and reproducing) all products that result from the Grantee receiving financial assistance under this Agreement whether the product is developed by the Grantee or a sub-grantee. The Grantee will include in any publications for external general circulation (including brochures, newsletters, and presentations materials) the following phrase: "Funding for this project provided, in part, by the Illinois Environmental Protection Agency through Green Infrastructure Grant Opportunities Program." The Grantee shall be available for coordination and progress briefings with the Grantor during the term of the Agreement. The dates and locations of these briefings shall be specified by the Grantor in consultation with the Grantee. Upon completion of the Agreement, as a condition before final payment under the Agreement or as a termination settlement under the Agreement the Grantee must execute and deliver to the Grantor an amended Budget that reflects any and all budget line-item transfers made to the original Budget, unless already addressed in an executed amendment to the Budget. When applicable, the Grantee must comply with requirements in the Illinois Works Jobs Program Act. For grants with an estimated total best management practices project cost of$500,000 or more, the grantee will be required to comply with the Illinois Works Apprenticeship Initiative; 30 ILCS 559/20-20 to 559/20-25 and all applicable administrative rules. The "estimated total project cost" is a good faith approximation, at the time an applicant submits a grant application, of the costs of an entire project being paid for in whole or in part by appropriated capital funds to construct a public work. The goal of the Illinois Works Apprenticeship Initiative is that apprentices will perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less. Grantees will be permitted to seek a waiver or reduction of this goal in certain circumstances pursuant to 30 ILCS 559/20-20(b). The grantee must ensure compliance for the life of the entire project, including during the term of the grant and after the term ends, if applicable, and will be required to report on and certify its compliance. 1. The Grantees that are required to comply shall submit to the Grantor an Illinois Works Apprenticeship Initiative Budget Supplement form within 90 days of executing this Intergovernmental Grant Agreement. The form is available at: https://www2.illinois.gov/dceo/WorkforceDevelopment/Pages/I IlinoisWorksJobsProgramAct.aspx. 2. The Grantees that are required to comply shall submit quarterly reporting of apprenticeship goals until the project is complete even if the project extends beyond the original term of the Intergovernmental Grant Agreement. Quarterly reports must be submitted to the Grantor by the 15th of January, April. July, and October. Quarterly reports shall be submitted using the reporting form available at: https://www2.illinois.gov/dceo/ WorkforceDevelopment/Pages/IllinoisWorksJobsProgramAct.aspx. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 31 of 32 Agreement No. 26-2388-23GIGO03 Grantee certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. In the construction of the Program, Grantee shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 32 of 32 City Hall Parking Lot Green Infrastructure Project AmpliFund City of Elgin Budget Proposed Budget Summary Expense Budget Grant Funded Non-Grant Funded Total Budgeted 7.Consultant Services and Expenses(2 CFR 200 459) Engineering services $36,851.00 $0.00 $36,851.00 Engineering services $0.00 $12,284.00 $12,284.00 Subtotal $36,851.00 $12,284.00 $49,135.00 8.Construction City Hall Parking Lot Green Infrastructure Project $0.00 $165,829.00 $165,829.00 City Hall Parking Lot Green Infrastructure Project $497,487.00 $0.00 $497,487.00 Subtotal $497,487.00 $165,829.00 $663,316.00 Total Proposed Cost $534,338.00 $178,113.00 $712,451.00 Revenue Budget Grant Funded Non-Grant Funded Total Budgeted Grant Funding Award Requested $534,338.00 $534,338.00 Subtotal $534,338.00 $534,338.00 Non-Grant Funding Cash Match $178,113.00 $178,113.00 In-Kind Match $0.00 $0.00 Other Funding and Contributions $0.00 $0.00 Subtotal $178,113.00 $178,113.00 Total Proposed Revenue $534,338.00 $178,113.00 $712,451.00 Proposed Budget Detail See attached spreadsheet. Proposed Budget Narrative 7.Consultant Services and Expenses(2 CFR 200.459) 1 City Hall Parking Lot Green Infrastructure Project AmpliFund City of Elgin Consultant Services(Fees): For each consultant enter the name,if known,service to be provided,hourly or daily fee(8-hour day),and estimated lime on the project. Consultant Expenses: List all expenses to be paid from the grant to the individual consultant in addition to their fees(i.e.,travel,meals, lodging,etc.) Engineering services Provide engineering services associated with project. Applicant's formal,written procurement policy will be used Engineering services Provide engineering services associated with project. applicant's formal,written procurement policy will be used 8.Construction Provide a description of the construction project and an estimate of the costs.As a rule,construction costs are not allowable unless with prior written approval. In some cases,minor repairs or renovations may be allowable.Consult with the program office before budgeting funds in this category.Estimated construction costs must be supported by documentation including drawings and estimates,formal bids,etc.As with all other costs,follow the specific requirements of the program,the terms and conditions of the award,and applicable regulations. City Hall Parking Lot Green Infrastructure Project Reconstruct existing asphalt parking lot with addition of BMP's to provide treatment and flow control of storm water runoff into Fox River 2