UGA Program Terms
Grantor Specific Terms
1. Costs Incurred. At Grantor’s discretion, costs incurred before the execution date of this agreement may be charged to this agreement if included in the Budget, incurred during the period of performance, and Grantee performed in accordance with the terms and conditions of this agreement. Grantor shall not be responsible for costs incurred before or after the period of performance of this agreement.
2. Supplanting. Grantee certifies that grantor funds made available under this agreement will not be used to supplant/replace local or other funds that would otherwise be made available to Grantee for purposes related to law enforcement. Grantee certifies that state funds made available under this agreement will be used to supplement/increase existing funds for such purposes.
3. Program Income. All income, including income resulting from asset seizures or forfeitures, generated as a direct result of the program described in the exhibits shall be deemed program income. Program income must be used for the purposes and under the conditions applicable to the use of grant funds. The state proportion of program income must be accounted for up to the same ratio of state participation as funded in the program. Program income may be retained by Grantee for any purpose that furthers the objectives of the MEG Program. Grantee shall report and account for such program income as required by the Grantor.
4. Audit and Inspection.
4.1. Known or suspected violations of any law encountered during audits, including fraud, theft, embezzlement, forgery, or other serious irregularities, must be immediately communicated to Grantor and appropriate federal, State, and local law enforcement officials.
4.2. Grantee agrees to develop and maintain a record-keeping system to document all agreement related activities and expenditures. These records will act as the original source material for compilation of the data required in Section 11 of this Section, and all other program activity.
4.3. Grantor, the Illinois Auditor General and the Illinois Attorney General shall have access for purposes of monitoring, audit and examination to all relevant books, documents, papers, and records of Grantee, and to relevant books, documents, papers and records of subcontractors.
5. Closeout requirements. Within 30 days of the expiration date of this agreement or any approved extension thereof the following documents must be submitted by Grantee to Grantor: (a) final financial status report; (b) final progress reports; (c) property inventory report; (d) any refund of unexpended funds and (e) other documents required by Grantor.
6. Procurement Requirements, Requests for Proposals, Conflict of Interest.
6.1. All procurement transactions shall be conducted by Grantee in a manner to provide, to the maximum extent practical, open and free competition. Grantee must use procurement procedures that minimally adhere to all applicable laws, executive orders and federal guidelines. Grantee shall also adhere, and assure that its contractors and subcontractors adhere, to all applicable certification and disclosure requirements of the Illinois Procurement Code.
6.2. Grantee shall follow its established procurement process if it minimally adheres to applicable state guidelines, and the following requirements. If Grantee’s established procurement process is less competitive than the following requirements, the following more competitive requirements must be adhered to in lieu of Grantee’s procurement process.
• For procurements of $100,000 or less, Grantee must solicit quotes or bids from at least three sources.
• For procurements over $100,000, which are solely using Grantor funds, Grantee must formally advertise the proposed procurement through an Invitation for Bids (IFB), or a Request for Proposals (RFP) process.
6.3. All procurements over $100,000, that involve the sole use of Grantor funds, must be submitted by Grantee to Grantor for review and written approval prior to their issuance. In addition, Grantor reserves the right to request that any RFP or IFB, regardless of its dollar amount, be submitted to Grantor for review and approval prior to its issuance. In addition, Grantee shall notify and submit for approval to Grantor any other relevant procurement documents including but not limited to Request For Information (RFI).
6.4. As required by Grantor, Grantee shall submit documentation regarding its procurement procedures and grant-funded purchases for Grantor review and approval, to assure adherence to applicable state guidelines.
7. Sub-contracting.
7.1. The use of subcontractors for any work or professional services that involves the use of Grantor funds is subject to Grantor approval. Any work or professional services sub-contracted for shall be specified by written contract and subject to all terms and conditions contained in this agreement. If the use of sub-contractors is approved by Grantor, the terms and conditions of this agreement shall apply to and bind the party or parties to whom such work is subcontracted as fully and completely as Grantee is bound and obligated. Grantee shall make reasonable efforts to assure that all sub-contractors adhere to the terms and conditions of this agreement. Grantor shall not be responsible for the performance, acts or omissions of any sub-contractor.
7.2. Sub-contracts over $100,000 that are funded with Grantor funds must be submitted by Grantee for Grantor review and approval prior to their effective dates and execution by Grantee. In addition, Grantor reserves the right to require that any sub-contract funded with federal or matching funds, regardless of its dollar amount, be submitted to Grantor for review and approval prior to its effective date and execution by Grantee.
7.3. As required by Grantor, Grantee shall submit documentation regarding contracts to be funded with Grantor funds for Grantor review and approval, to assure adherence to applicable state guidelines.
7.4. Approval of the use of sub-contractors by Grantor does not relieve Grantee of its obligation to assure performance under this agreement.
8. Management and Disposition of Equipment and Commodities.
8.1. Equipment and commodities acquired by Grantee with Grantor funds shall be used for purposes of the program described in the exhibits only. Grantee may retain the equipment and commodities acquired with agreement funds as long as they serve to accomplish program purposes, whether or not the program continues to be supported by Grantor grant funds, but such determinations as to retention are within the sole discretion of Grantor. If the equipment or commodities originally purchased for the program are no longer capable of fulfilling the needs of the program and must be traded in or replaced, or there is no longer a need for the equipment or commodities, Grantee shall request instructions from Grantor.
8.2. Grantor may deny equipment and commodities costs or require that Grantee relinquish already purchased equipment and commodities to Grantor if Grantee fails to employ an adequate property management system governing the use, protection, and management of such property. Grantee is responsible for replacing or repairing equipment and commodities that are willfully or negligently lost, stolen, damaged or destroyed. Grantee shall provide equivalent insurance coverage for grant funded equipment and commodities as provided for other equipment and commodities owned by Grantee. Any loss, damage or theft of equipment and commodities shall be investigated and fully documented, and immediately reported to Grantor.
8.3. If, for an item of equipment described in the Budget to be purchased with Grantor funds, Grantee does not have, at a minimum, a purchase order dated within 90 days after the start date of the agreement, Grantee shall submit a letter to Grantor explaining the delay in the purchase of equipment. Grantor may, in its discretion:
A. Reduce the amount of funding;
B. Cancel this agreement;
C. Allow Grantee to reallocate the funds that were allocated for such equipment to other allowable Grantor approved costs; or
D. Extend the period to purchase this equipment past the 90-day period.
8.4. Equipment purchased using Grantor funds shall be made available for inspection during site visits, and upon request of Grantor as part of its grant monitoring and oversight responsibilities.
9. Conflict of Interest in Hiring or Procurement. No employee, officer or agent of Grantee shall participate in the selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Grantee shall establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others.
10. Compliance. Grantee agrees to comply with all applicable laws, regulations, and guidelines of the State of Illinois, the Federal Government and Grantor in the performance of this agreement.
11. Disclosure of Solicitation for Employment. Grantee shall notify Grantor's Ethics Officer if Grantee solicits or intends to solicit for employment any of the Grantor's employees during any part of the award funding process or during the term of any interagency agreement awarded.
12. Publications.
12.1. Grantee shall submit to Grantor for review, a draft of any publication that will be issued by Grantee describing or resulting from programs or projects funded in whole or in part with Grantor funds, no later than 60 days prior to its printing.
12.2. For publications over 20 pages, Grantor will submit comments to Grantee no later than 30 days after receipt of the draft. If more than one such publication is submitted, Grantor reserves the right to extend the 30-day review period.
12.3. For publications of 20 pages or less, Grantor will submit comments to Grantee no later than 10 working days after receipt of the draft. If more than one such publication is submitted, Grantor reserves the right to extend the 10-day review period.
12.4. Grantor reserves the right to require the resubmission of any publication for additional review and comment, prior to its printing.
12.5. Grantee shall submit to Grantor, copies, the number of which will be specified by Grantor, of the final publication no later than 20 days prior to release of the final publication.
12.6. Exceptions to the above publication requirements may be granted upon prior Grantor approval.
12.7. Any such publication shall contain the following statement:
"This project was supported by Grant #17DUMEG, awarded by the State of Illinois, through the Illinois State Police. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the State of Illinois or the Illinois State Police."
12.8. These publication requirements pertain to any written, visual or sound publication, but are inapplicable to press releases, newsletters and issue analyses.
13. Sub-Contractor and Sub-Grantee Transparency Act Compliance.
13.1. Grantee and Program Agency further agree that all agreements entered into with sub-grantees or contractors, shall require compliance by the sub-grantee or contractor with the Federal Funding Accountability and Transparency Act of 2006 and all requirements of 2 C.F.R. §33.200 including obtaining a DUNS number and maintaining registration with the CCR. The acquisition of a DUNS number and registration with the CCR database is not required of sub-grantees and contractors who are individuals.
13.2. Grantee shall provide Grantor with completed “Addendums to Agreements” for all sub-grantees and sub-contractors. Copies of blank Addendums to the Agreement are available from your grant monitor.
14. Renegotiation, Modification, or Amendment. No alteration, variation, modification, termination, addition to or waiver of any provisions of this agreement shall be valid or binding unless in writing, and signed by the parties. The parties agree to renegotiate, modify, or amend this agreement to ensure continued consistency with federal and State laws, and regulations.
15. Failure to File in a Timely Fashion. Failure to meet the reporting dates established for the particular reports shall result in the “freezing” of all funds, in addition to any other remedy stated in this agreement. The frozen funds shall not be limited to a particular grant that is delinquent, but all grant funds that Grantee has with Grantor shall be frozen. Funds will be released following the completion of all the reporting requirements.
16. Reporting Grant Irregularities.
16.1. Grantee shall promptly notify Grantor through their Grant Monitor when an allegation is made, or Grantee otherwise receives information, reasonably tending to show the possible existence of any irregularities or illegal acts in the administration of grant funds. Grantor, per its agency policy, shall determine the reasonableness of the allegation of the irregularities or illegal action and determine the appropriate course of action. Possible actions would include conducting an internal audit or other investigation or contacting the proper authorities. Illegal acts and irregularities shall include but are not limited to such matters as conflicts of interest, falsification of records or reports both data, fiscal and programmatic, and the misappropriation of funds or other assets.
16.2. Grantee shall inform any sub-recipient of Grantor’s grant funds that the sub-recipient is similarly obligated to report irregularities.
16.3. Failure to report known irregularities can result in suspension of the Interagency Agreement or other remedial action. In addition, if Grantee’s auditor or other staff becomes aware of any possible illegal acts or other irregularities prompt notice shall be given to Grantee’s director. Grantee, in turn, shall promptly notify Grantor as described above of the possible illegal acts or irregularities. If the possible misconduct involves Grantee’s director, Grantee staff member shall provide prompt notice directly to Grantor.
16.4. In addition, Grantor, if in its judgment there is a reasonable allegation of irregularity or illegal act, shall inform the Illinois Office of Executive Inspector General and prosecuting authorities, as appropriate, of any known violations of the law within their respective area of jurisdiction.
16.5. The reporting of any irregularities, illegal acts and the proposed or actual corrective action shall be reported to Grantor at:
Illinois State Police
Attn: Investigative Support Command
801 South Seventh Street, Suite 200N
Springfield, Illinois 60606
Phone: 217/785-4870
17. Financial Status.
17.1. Grantee certifies that it is not presently subject to a grant funds recovery action under the Illinois Grant Funds Recovery Act (30 ILCS 705) or an Involuntary Withholding by the State of Illinois or any other state. Grantee also certifies that a grant recovery action has not been initiated against it by any grantor, or an Involuntary Withholding action by the State of Illinois or any other state within the past five (5) years.
17.2. Grantee shall notify Grantor if it is currently the subject of a grant funds recovery action, has been the party to a grant funds recovery action in the past five (5) years, is currently subject to an Involuntary Withholding by the State of Illinois or any other state, or has been subject to an Involuntary Withholding by the State of Illinois or any other state within the past five (5) years. If Grantee is a party to a grant funds recovery action, has been a party to a grant funds recovery action within the past five (5) years, becomes a party to a grant funds recovery action, is subject to an Involuntary Withholding, or has been the subject to an Involuntary Withholding within the past five (5) years, or becomes subject to an Involuntary Withholding, Grantor may terminate this agreement at Grantor’s discretion.
18. Crimes of Dishonesty.
18.1. Grantee certifies that its own and its sub-grantees’ and its sub-contractors’ board members, executive officers, directors, administrators, supervisors, managers, and financial officers and anyone holding such a position of authority have not been convicted of theft, fraud, or any other crime involving dishonesty within the past ten (10) years.
18.2. Grantee shall notify Grantor if any of its own or any of its sub-grantees’ and/or its sub-contractors’ board members, executive officers, directors, administrators, supervisors, managers, or financial officers or anyone holding such a position of authority have been convicted of theft, fraud, or any other crime involving dishonesty within the past ten (10) years or become convicted of theft, fraud, or any other crime involving dishonesty. Grantor may terminate this agreement, at the Grantor’s sole discretion, if Grantee’s or any of its sub-grantees’ and/or its sub-contractors’ board members, executive officers, directors, administrators, supervisors, managers, or financial officers or anyone holding such a position of authority have been convicted of theft, fraud, or other crime of dishonesty within the past ten (10) years or become convicted of theft, fraud, or any crime involving dishonesty.
19. Time Keeping.
19.1 Grantee shall, in furtherance of its performance of all aspects of the program description and budget as set forth in the exhibits and the Budget, maintain time keeping records for all grant-funded personnel as follows:
a. Personnel who spend 100% of their time on the program – when requested by Grantor, Grantee must provide Grantor documentation explaining Grantee’s time keeping procedures. The time keeping procedures must be approved by Grantor.
b. Personnel who spend less than 100% of their time on the program – Grantee will maintain timesheets for these employees. The timesheets must:
• Reflect an after-the-fact distribution of the actual activity of each employee (not budgeted time);
• Account for the total activity for which each employee is compensated;
• Be prepared monthly and coincide with one or more pay periods; and
• Be signed by the employee and approved by a supervisory official having firsthand knowledge of the work performed.
19.2. When requested by Grantor, Grantee must provide Grantor with a copy of the timesheet that will be used by personnel who spend less than 100% of their time on the program. The timesheet must be approved by Grantor. Signed timesheets shall be made available for inspection during site visits, and upon request as part of Grantor’s monitoring and oversight responsibilities.
Project Specific Terms
1. Information Technology Requirements.
1.1. If for an item or services, listed in the Budget, is for networking or information technology (IT) system which involves information sharing system with interstate connectivity between jurisdiction shall to the extent possible use existing networks as the communication backbone. Unless Grantee can demonstrate to the satisfaction of Grantor that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Furthermore, any information technology system founded or supported by grant funds will comply with 28 C.F.R. Part 23. If Grantor determines that 28 C.F.R. Part 23 is applicable, Grantor at its discretion may perform an audit to ensure system is in compliance, fines may apply for violations.
1.2. Grantor, if they are not going to use existing networks and IT systems, should provide documentation to demonstrate the above conditions. This documentation should be provided at the time of the grant documentation submission. If it only becomes apparent after the start of the grant period that above conditions for not using existing networks and IT systems is not feasible then documentation shall be provided to Grantor for approval prior to begin work.
1.3. Grantor’s Illinois Integrated Justice Information System’s Project manager, at 312-793-8550, shall receive written notification regarding any information technology project funded by this grant. Grantee must maintain an administrative file documenting the meeting of this requirement.
2. Equal Employment Opportunity Plan (EEOP).
2.1. Pursuant to 28 CFR Part 42 (Nondiscrimination; Equal Employment Opportunity; Policies and Procedures), except those recipients specifically exempted by 28 CFR Part 42.302(c), if Grantee has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form.
2.2. If Grantee is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, Grantee has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form, and return it to Grantor.
2.3. If Grantee is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, Grantee has to complete Section C of the Certification Form and return it to Grantor.
2.4. Grantee acknowledges that failure to submit an acceptable EEO Plan, if required by this section, is a violation of this agreement and may result in suspension or termination of funding, until such time Grantee is in compliance.
3. Confidentiality of Records.
3.1. Grantee agrees not to use or reveal any research or statistical information furnished under this program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with this program and all applicable state guidelines and legislation. Such information shall be immune from legal process and shall not, without the consent of the person furnishing the information, be admitted as evidence or used for any purpose in any action, suit or other judicial, legislative or administrative proceeding.
3.2. Grantee shall adhere to all confidentiality provisions of 42 U.S.C. 3789(g) and 28 CFR Part 22, applicable to the collection, use, and revelation of data or information.
4. Reporting Potential Fraud, Waste, or Similar Misconduct.
4.1. Grantee shall promptly refer to Grantor, via their assigned Grant Monitor, any credible evidence that a principal, employee, agent, contractor, sub-contractor, or sub-grantee has either submitted a false claim for grant funds in violation of the False Claims Act or committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving grant funds.
4.2. Potential fraud, waste, abuse or misconduct shall be reported to Grantor by mail at:
Illinois State Police
Attn: Investigative Support Command
801 S. 7th Street, Ste. 200N
Springfield, Illinois 62703
Phone: 217/785-4870
5. Use of Funds. Grantee certifies that it, and its subcontractors, shall use state funds for only allowable services, activities and costs, as described in this agreement. Grantee certifies that only those costs listed in the Budget shall be paid pursuant to this agreement.
6. Text-Messaging While Driving. Grantor encourages Grantee to adopt and enforce policies banning employees of Grantee or Program Agency and contractors or sub-contractors from text messaging while driving any vehicle during the course of performing work funded by this agreement, and to establish safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
7. Nondiscrimination.
7.1. Grantee certifies that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, disability, or sex. Grantee agrees to have written sexual harassment policies which satisfy the requirements set forth in the Illinois Human Rights Act. (775 ILCS 5).
7.2. National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary.
7.3. Faith-Based and Community Organizations that statutorily qualify as eligible applicants under OJP programs are invited and encouraged to apply for assistance awards and will be considered for awards on the same basis as any other eligible applicants and, if they receive assistance awards, will be treated on an equal basis with all other grantees in the administration of such awards. No eligible applicant will be discriminated against on the basis of its religious character or affiliation, religious name, or the religious composition of its board of directors or persons working in the organization.
7.4. In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, disability, or sex against Grantee, or any sub-grantee or contractor of Grantee, Grantee will forward a copy of the finding to Grantor. Grantor will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs.
8. Eligibility for Employment in the United States. Grantee shall complete and keep on file, as appropriate, the Immigration and Naturalization Service Employment Eligibility Form (I-9). This form shall be used by Grantee to verify that persons employed by Grantee are eligible to work in the United States.
9. Criminal Intelligence System Operating Policies. If the program described in the exhibits is subject to requirements of the Criminal Intelligence System Operating Policies, 28 CFR Part 23, Grantee certifies to Grantor that the program shall conform with the operating policies set forth in 28 CFR Part 23.20 and meets funding criteria set forth in 28 CFR Part 23.30. If the program is subject to these requirements, Grantee shall cooperate with specialized monitoring and auditing of the program as may be required by 28 CFR Part 23.40(a), and shall comply with operating policies required by 28 CFR Part 23.40(b).
10. Public Statements. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with state money, Grantee shall clearly state (1) the percentage of the total cost of the program or project which will be financed with state money, and (2) the dollar amount of state funds for the project or program.
11. High-Risk Grantees. Grantee agrees to comply with any additional requirements that may be imposed during the grant performance period if Grantor determines that Grantee is a high-risk grantee pursuant to 28 C.F.R. parts 66, 70.