Current through Register Vol. 48, No. 38, September 20, 2024
a) If required by the funding source or if
federal program purposes would be furthered by doing so, the Authority shall
select funding priorities which shall guide the funding process. Funding
priorities may identify the types of eligible implementing agencies, federal
program purpose areas, specific project types, or costs that shall be given
consideration for funding. Funding priorities shall be selected by the
Authority at a public meeting in conformance with the Open Meetings Act [5 ILCS
120 ] and the Authority's rules (2 Ill. Adm. Code
1750.330) , and shall be
developed according to the following criteria:
1) if required by the funding source or if
federal program purposes would be furthered by doing so, oral and written
comment and testimony received at public meetings conducted in conformance with
the Open Meetings Act;
2) comments
from State and local officials, not for profit organizations, or other
organizations, entities or persons that have experience and expertise in areas
that are relevant to federal program purposes;
3) information, current research findings and
surveys that are relevant to federal program purposes; and
4) analysis of the needs of eligible
implementing agencies, the need to fund projects that cover federal program
purposes and the need for items that represent allowable costs, as evidenced by
relevant demographic, medical, social science, criminal justice and statistical
data, and available resources that already address such needs.
b) The Authority shall review the
purposes of federal program funds, other than those subject to Section
1520.40,
1520.46
or
1520.47,
and make a determination, at a public meeting in conformance with the Open
Meetings Act, as to whether a needs-based or competitive funding process would
best meet the overall goals and objectives of the federal program. To make that
determination, the Authority shall consider:
1) the requirements of the funding source,
including:
A) the number, and types, of
federal program purpose areas;
B)
the number, and types, of implementing agencies eligible for funding;
C) the number, and types, of costs to which
the funds may be applied; and
D)
other conditions and restrictions imposed by the funding source, and State and
federal law;
2) the
immediacy of the need to spend the funds, including whether the funds are to be
used to serve immediate and vital needs of persons or communities, and whether
the length of time during which the funds must be spent is insufficient to
allow for a competitive funding process;
3) the services currently available to meet
the needs of the federal program; and
4) funding priorities as described in
subsection (a) above, if it was necessary for the Authority to select such
priorities.
c) If the
Authority chooses to distribute the funds on a competitive basis as provided in
subsection (b) above, then the Executive Director of the Authority shall
develop a request for proposals (RFP) based on the following criteria:
1) funding priorities as described in
subsection (a) above, if it was necessary for the Authority to select such
priorities;
2) requirements imposed
on the Authority and potential recipient implementing agencies by the funding
source, and State and federal law;
3) the nature and complexity of federal
program purpose areas;
4) the
number and types of implementing agencies eligible to receive funds;
5) an analysis of need, as described in
subsection (a)(4) above;
6)
information, current research findings and surveys that are relevant to federal
program purposes; and
7)
demographic, medical, social science, criminal justice and statistical data
that is relevant to federal program purposes.
d) RFPs developed pursuant to the criteria
described in subsection (c) above shall include:
1) the purposes, goals and objectives of the
federal program, and the types of projects that will be considered for
funding;
2) requirements that
implementing agencies receiving funds must meet, and adhere to, such as
eligibility, reporting and fiscal requirements;
3) certifications required by the funding
source, and State and federal law, including, but not limited to, the State of
Illinois Drug-Free Workplace certification, State and federal debarment
certifications, and State bribery and bid-rigging certifications;
4) the criteria by which the Budget Committee
or, at the Budget Committee's direction, the Executive Director of the
Authority will select proposals for funding; such criteria shall be given an
associated weight and shall include:
A) the
adequacy with which the proposed project reflects the purposes, goals and
objectives of the federal program;
B) whether the proposer is an eligible
implementing agency as defined by federal program requirements;
C) the technical merit of the project design,
as reflected in the proposal received by the Authority;
D) the qualifications of key personnel, as
reflected in the descriptions or resumes that the proposer submitted to the
Authority, if the nature of the projects that will be considered for funding
calls for an assessment of such criteria;
E) the sufficiency of the proposal's
management plan, which includes an assessment of the methods by which the
proposer will administer the project, both fiscally and programmatically, to
achieve the goals and objectives of the project;
F) the proposer's capability to carry out the
goals and objectives of the project in the manner reflected by the proposal
received by the Authority;
G) the
adequacy of the proposed project budget, which includes an assessment of the
reasonableness and allowability of the costs that were estimated and included
in the budget;
H) the proposer's
history of administering projects similar to the one proposed and of receiving
and managing federal program funds, if applicable; and
I) any additional criteria required by the
funding source or that would further federal program purposes;
5) the deadline by which, and
location where, proposals must be received by the Authority;
6) the total amount, and sources, of federal
funding available for distribution through the RFP process, and the maximum
amount of federal funding that eligible implementing agencies may apply for
through the submission of an RFP;
7) any matching contribution requirements
that shall be imposed upon implementing agencies that receive federal
funds;
8) the anticipated time
period of the projects which may be funded;
9) funding priorities as described in
subsection (a) above, if it was necessary for the Authority to select such
priorities; and
10) any other
information required by the funding source or that would further federal
program purposes.
e) The
Budget Committee, or, at the Budget Committee's direction, the Executive
Director of the Authority, shall make designations as to specific projects,
specific implementing agencies and funding amounts, based on the criteria set
forth in the RFP, as described in subsection (d) above; Budget Committee
designations shall be made, and Executive Director designations shall be
reported, at public meetings conducted in conformance with the Open Meetings
Act.
f) If the Authority chooses to
distribute the funds using a needs based process, based on the criteria in
subsection (b) above, then the Executive Director of the Authority shall make
funding recommendations to the Budget Committee, which may include
recommendations as to implementing agencies, projects, and costs that should be
covered by federal program funds; the Executive Director's recommendations to
the Budget Committee shall be based upon:
1)
funding priorities as described in subsection (a) above, if it was necessary
for the Authority to select such priorities;
2) analysis of the needs of types of eligible
implementing agencies, the need to fund projects that will cover federal
program purposes, and the need for items, such as equipment or services, that
represent allowable costs, as evidenced by relevant demographic, medical,
social science, criminal justice and statistical data, and available resources
that already address such needs;
3)
requirements imposed by the funding source, and State and federal law, on the
Authority and potential recipient implementing agencies;
4) the nature and complexity of federal
program purpose areas;
5) the
number and types of implementing agencies eligible to receive funds;
6) comments from the public, State and local
officials, not for profit organizations, or other organizations, entities or
persons that have experience and expertise in areas that are relevant to
federal program purposes; and
7)
information, current research findings and surveys that are relevant to federal
program purposes.
g) The
Budget Committee shall make designations as to specific projects, specific
implementing agencies and funding amounts; Budget Committee designations shall
be made at public meetings in conformance with the Open Meetings Act and shall
be based upon:
1) funding recommendations made
by the Executive Director of the Authority according to subsection (f)
above;
2) analysis of the needs of
eligible implementing agencies, the need to fund projects that will cover
federal program purposes, and the need for items, such as equipment or
services, that represent allowable costs, as evidenced by relevant demographic,
medical, social science, criminal justice and statistical data, and available
resources that already address such needs;
3) comments from the public, State and local
officials, not for profit organizations, or other organizations, entities or
persons that have experience and expertise in areas that are relevant to
federal program purposes;
4) the
period of availability of the federal program funds and the immediacy of the
need to spend the funds, including whether federal program funds are to be used
to serve immediate and vital needs of persons or communities that specific
implementing agencies and specific projects could readily address;
5) the likelihood that a specific project
type will achieve the overall goals and objectives of the federal program by:
making an assessment of the adequacy with which a specific project type will
meet the purposes, goals and objectives of the federal program; examination of
the results of evaluations of existing similar projects; and analysis of
results of tests or demonstrations that are relevant to the federal program's
purposes, goals and objectives;
6)
the effectiveness of a specific project type, by making an assessment of the
manner in which a particular problem will be addressed by the project
type;
7) the efficiency with which
a specific implementing agency could administer a project and the overall costs
of specific project types; and
8)
the ability of a specific entity to secure alternate funding sources for the
project once federal program funds are no longer available.
h) Pursuant to applicable federal
legislation and guidelines, the Application to the funding source shall include
all information, certifications and assurances that are required by the funding
source.
i) Subsequent to
notification by the funding source that an Application has been approved, the
Executive Director shall enter into interagency agreements with those
implementing agencies designated to receive federal program funds pursuant to
subsections (e) and (g) above, specifying the terms and conditions under which
the projects are to be conducted and the federal funds are to be received. If
the Authority is the designated implementing agency, then the Executive
Director shall document such terms and conditions, which, to become effective,
must be accepted in writing by the Chairman of the Authority. The terms and
conditions shall include but not be limited to reporting requirements that
reflect fiscal expenditures and progress toward program objectives, compliance
with applicable laws and regulations, maintenance of financial and program
records beyond the expiration of the agreement, the prohibition of
subcontracting or assignment of agreements without prior written approval of
the Authority, audit procedures as described in the federal laws and
regulations listed in Section
1520.50(a),
and the status of the implementing agency as an independent
contractor.
