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R2025-011 Resolution Authorizing Execution of a Grant Agreement Between the State of Illinois, Illinois Environmental Protection Agency and the City of Decatur
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R2025-011 Resolution Authorizing Execution of a Grant Agreement Between the State of Illinois, Illinois Environmental Protection Agency and the City of Decatur
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1/23/2025 10:13:37 AM
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Resolution/Ordinance
Res Ord Num
R2025-011
Res Ord Title
R2025-011 Resolution Authorizing Execution of a Grant Agreement Between the State of Illinois, Illinois Environmental Protection Agency and the City of Decatur
Department
Public Works
Approved Date
1/21/2025
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Agreement No.25-0378-3192301 <br /> (p) Anti-Discrimination. Grantee certifies that its employees and subcontractors under subcontract <br /> made pursuant to this Agreement, must comply with all applicable provisions of State and federal laws and <br /> regulations pertaining to nondiscrimination, sexual harassment and equal employment opportunity including, but not <br /> limited to: Illinois Human Rights Act(775 ILCS 5/1-101 et seq.), including,without limitation, 44 III. Admin. Code 750- <br /> Appendix A, which is incorporated herein; Public Works Employment Discrimination Act(775 ILCS 10/1 et seq.); <br /> Civil Rights Act of 1964 (as amended) (42 USC 2000a-2000h-6); Section 504 of the Rehabilitation Act of 1973 (29 <br /> USC 794); Americans with Disabilities Act of 1990 (as amended) (42 USC 12101 et seq.); and the Age <br /> Discrimination Act of 1975 (42 USC 6101 et seq.). <br /> (q) Internal Revenue Code and Illinois Income Tax Act. Grantee certifies that it complies with all <br /> provisions of the federal Internal Revenue Code (26 USC 1), the Illinois Income Tax Act(35 ILCS 5), and all <br /> regulations and rules promulgated thereunder, including withholding provisions and timely deposits of employee <br /> taxes and unemployment insurance taxes. <br /> ARTICLE IV <br /> PAYMENT REQUIREMENTS <br /> 4.1. Availability of Appropriation: Sufficiency of Funds. This Agreement is contingent upon and subject to the <br /> availability of sufficient funds. Grantor may terminate or suspend this Agreement, in whole or in part, without penalty or <br /> further payment being required, if(i) sufficient funds for this Agreement have not been appropriated or otherwise made <br /> available to Grantor by the State or the federal funding source, (ii)the Governor or Grantor reserves funds, or(iii)the <br /> Governor or Grantor determines that funds will not or may not be available for payment. Grantor must provide notice, in <br /> writing, to Grantee of any such funding failure and its election to terminate or suspend this Agreement as soon as <br /> practicable. Any suspension or termination pursuant to this Paragraph will be effective upon the date of the written notice <br /> unless otherwise indicated. <br /> 4.2. Pre-Award Costs. Pre-award costs are not permitted unless specifically authorized by Grantor in Exhibit A, <br /> PART TWO or PART THREE of this Agreement. If they are authorized, pre-award costs must be charged to the initial <br /> Budget Period of the Award, unless otherwise specified by Grantor. 2 CFR 200.458. <br /> 4.3. Return of Grant Funds. Grantee must liquidate all Obligations incurred under the Award within forty-five(45) <br /> days of the end of the Period of Performance, or in the case of capital improvement Awards,within forty-five (45)days of <br /> the end of the time period the Grant Funds are available for expenditure or obligation, unless Grantor permits a longer <br /> period in PART TWO OR PART THREE. Grantee must return to Grantor within forty-five(45)days of the end of the <br /> applicable time period as set forth in this Paragraph all remaining Grant Funds that are not expended or legally obligated. <br /> 4.4. Cash Management Improvement Act of 1990. Unless notified otherwise in PART TWO or PART THREE, <br /> Grantee must manage federal funds received under this Agreement in accordance with the Cash Management <br /> Improvement Act of 1990 (31 USC 6501 et seq.)and any other applicable federal laws or regulations. 2 CFR 200.305; 44 <br /> III. Admin. Code 7000.120. <br /> 4.5. Payments to Third Parties. Grantor will have no liability to Grantee when Grantor acts in good faith to <br /> 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 <br /> in possession of information that indicates Grantee authorized Grantor to intercept or redirect payments to a third party or <br /> when so ordered by a court of competent jurisdiction. <br /> 4.6. Modifications to Estimated Amount. If the Agreement amount is established on an estimated basis, then it <br /> may be increased by mutual agreement at any time during the Term. Grantor may decrease the estimated amount of this <br /> Agreement at any time during the Term if(i) Grantor believes Grantee will not use the funds during the Term, (ii) Grantor <br /> believes Grantee has used Grant Funds in a manner that was not authorized by this Agreement, (iii) sufficient funds for this <br /> Agreement have not been appropriated or otherwise made available to Grantor by the State or the federal funding source, <br /> (iv)the Governor or Grantor reserves funds, or(v)the Governor or Grantor determines that funds will or may not be <br /> available for payment. Grantee will be notified, in writing, of any adjustment of the estimated amount of this Agreement. In <br /> State of Illinois <br /> GRANT AGREEMENT FISCAL YEAR 2025 <br /> Page 9 of 32 <br />
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