R2025-274 Resolution Authorizing an Agreement with the Illinois Department of Commerce and Economic Opportunity for a Site Readiness Planning Grant for the Northeast Water Main Extension

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Agreement No.25-912014 associated with its principals or key personnel, related to a grant issued by any federal or state agency or a local government. Any request for an exception to the provisions of this subparagraph (d) must be made in writing, listing the name of the individual, home address,type of conviction and date of conviction;and (e) Grantee certifies that it is not currently operating under, or subject to, any cease and desist order,or subject to any informal or formal regulatory action,and,to the best of Grantee's knowledge, that it is not currently the subject of any investigation by any state or federal regulatory, law enforcement or legal authority. Should it become the subject of an investigation by any state or federal regulatory, law enforcement or legal authority, Grantee shall promptly notify Grantor of any such investigation. Grantee acknowledges that should it later be subject to a cease and desist order, Memorandum of Understanding, or found in violation pursuant to any regulatory action or any court action or proceeding before any administrative agency,that Grantor is authorized to declare Grantee out of compliance with this Agreement and suspend or terminate the Agreement pursuant to ARTICLE XIII herein and any applicable rules. ARTICLE XXIX ADDITIONAL TERMINATION,SUSPENSION,BILLING SCHEDULE AND NON-COMPLIANCE PROVISIONS 29.1. Remedies for Non-Compliance. If Grantor suspends or terminates this Agreement pursuant to ARTICLE XIII herein,Grantor may also elect any additional remedy allowed by law, including, but not limited to,one or more of the following remedies: (a) Direct the Grantee to refund some or all of the Grant Funds disbursed to it under this Agreement;and (b) Direct the Grantee to remit an amount equivalent to the "Net Salvage Value" of all equipment or materials purchased with Grant Funds provided under this Agreement. For purposes of this Agreement, "Net Salvage Value" is defined as the amount realized, or that the Parties agree is likely to be realized from, the sale of equipment or materials purchased with Grant Funds provided under this Agreement at its current fair market value, less selling expenses. 29.2. Grant Refunds.In accordance with the Illinois Grant Funds Recovery Act,30 ILCS 705/1 et seq.,the Grantee must,within forty-five(45)days of the effective date of a termination of this Agreement, refund to Grantor, any balance of Grant Funds not spent or not obligated as of that date. 29.3. Grant Funds Recovery Procedures. In the event that Grantor seeks to recover from Grantee Grant Funds received pursuant to this Award that: (i) Grantee cannot demonstrate were properly spent, or (ii) have not been expended or legally obligated by the time of expiration or termination of this Award,the Parties agree to follow the procedures set forth in the Illinois Grant Funds Recovery Act, 30 ILCS 705/1 et seq. (GFRA), for the recovery of Grant Funds, including the informal and formal hearing requirements. All remedies available in Section 6 of the GFRA will apply to these proceedings. The Parties agree that Grantor's Administrative Hearing Rules (56 III.Admin. Code Part 2605)and/or any other applicable hearing rules shall govern these proceedings. 29.4. Grantee Responsibility. Grantee will be held responsible for the expenditure of all Grant Funds received through this Award,whether expended by Grantee or a subrecipient or contractor of Grantee.Grantor may seek any remedies against Grantee permitted pursuant to this Agreement and 2 CFR 200.339 for the action of a subrecipient or contractor of Grantee that is not in compliance with the applicable statutes,regulations or the terms and conditions of this Award. 29.5. Billing Schedule. In accordance with paragraph 4.8, herein Grantee must submit all payment requests to Grantor within thirty(30) days of the end of the quarter, unless another billing schedule is specified in PART THREE or Paragraph 2.3. Failure to submit such payment request timely will render the amounts billed an State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 32 of 43