Illinois Administrative Code
Title 29 - EMERGENCY SERVICES, DISASTERS, AND CIVIL DEFENSE
Part 212 - PERSONNEL
Section 120.50 - Grant Agreement and Payment

Universal Citation: 29 IL Admin Code ยง 120.50

Current through Register Vol. 47, No. 52, December 29, 2023

a) IEMA shall execute a Grant Agreement with each Applicant to whom a grant is awarded. The Grant Agreement shall specify the parties to the grant, the Grant Performance Period, the amount of the grant, that unspent grant funds shall be returned to the State as required by the Illinois Grant Funds Recovery Act [30 ILCS 705 ], that the State of Illinois may audit records required to be maintained to verify that grant funds were used for permissible uses under the grant, and that the grant agreement shall cease if funds for the grant are not appropriated by the General Assembly, and any other standard provisions required to be included in grant agreements entered into by the State.

b) IEMA will send the Grant Agreement for signature to the point of contact indicated in the application. The Grant Agreement must be signed by both the Grantee and IEMA prior to funding being disbursed.

c) Following execution of the Grant Agreement, a Grantee shall submit a copy of documents that verify expenditures or anticipated expenditures to IEMA for review in accordance with the approved Project budget.

d) IEMA may either reimburse a Grantee for eligible expenditures or advance funds to a Grantee for eligible expenditures, but only upon the Granteea's submission of an accepted bid, invoice, or other official document showing the exact cost of the expenditure. For reimbursement, the Grantee shall provide documentation that the exact cost of the expenditure was paid to the vendor.

AGENCY NOTE: Nothing in these rules shall exempt a Grantee from complying with applicable procurement requirements.

1) For advance payments, the Applicant must submit a request as indicated in the NOFO and include the information in subsection (d)(1)(A). Approval and administration of advance payments shall be governed by subsections (d)(1)(B) through (G).
A) An Advance Payment Request Cash Budget Template (Cash Budget). Cash Budgets must be signed by either the Chief Executive Officer (or equivalent) or Chief Financial Officer (or equivalent) for the Applicant. The executive's signature certifies that their entity complies with the requirements set forth in 2 CFR 200.302 (Financial Management) and 44 Ill. Admin. Code 7000.120(b)(i)(A) (Advance Payments). The Cash Budget must demonstrate the estimated monthly cash requirements for each month of the Grant Performance Period.

B) If advance payment is requested, prior to approval, IEMA will perform or secure an assessment to ensure compliance with the specific language of GATA and any rules adopted pursuant to GATA. If the assessment does not ensure compliance with GATA and the rules promulgated thereunder, then IEMA may deny the request for advance payment.

C) Upon approval by IEMA, advance payments shall be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the Grantee in carrying out the purpose of the approved Project. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the Grantee for Project costs. Additionally, the Grantee must make timely payments to contractors.

D) Upon approval for advance payment, an initial payment will be processed in an amount equal to the first three months' cash requirements as reflected in the submitted Advance Payment Cash Budget.

E) Grantees must submit invoices in the format and method prescribed in the Grant Agreement. Invoices must include only allowable incurred costs that have been paid by the Grantee.

F) Subsequent payments will be made quarterly based on the invoices submitted to IEMA and will be adjusted up or down, based on a comparison of actual cumulative expenditures to cumulative advance payments, to date.

G) Grantees that do not expend all advance payment amounts by the end of the Grant Performance Period or that are unable to demonstrate that all incurred costs were necessary, reasonable, allowable, or allocable as approved in their respective grant budget, shall return the funds within 45 days or be subject to grant funds recovery.

2) Unless a request for advance payment was received and approved as indicated in subsection 120.50(d)(1), Grantees will be paid via the reimbursement method or when they do not meet the requirements of 44 Ill. Admin. Code 7000.120(b)(2), upon a grantee's request to use the reimbursement method of payment, or as stipulated in a specific condition. Grantees that have specific conditions noted in their Grant Agreement for any of the following items must be paid using the reimbursement method:
A) Fiscal and administrative high risk (weak internal controls);

B) Have a history of failure to comply with general or specific terms and conditions of the Grant Agreement or any other grants issued by the State of Illinois

C) Failure to meet expected performance goals as described in 2 CFR 200.211 or their Project deliverables as stated in their applicable Grant Agreement;

D) Or otherwise not financially or programmatically responsible.

Emergency rules adopted at 46 Ill. Reg. 18882, effective 11/1/2022, for a maximum of 150 days.

Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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