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 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 Improvement Act of 1990. Unless notified otherwise in PART TWO or PART THREE,Grantee must manage federal funds received under this Agreement in accordance with the Cash Management Improvement Act of 1990(31 USC 6501 et seq.)and any other applicable federal laws or regulations. 2 CFR 200.305;44 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 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 State of Illinois GRANT AGREEMENT FISCAL YEAR 2026 Page 8 of 43