Claire Snyder FP.doc

SEQ CHAPTER \h \r 1State of Illinois

Department of Natural Resources

SEQ CHAPTER \h \r 1FEDERAL ASSISTANCE PROVISIONS

FOR

CONTRACTUAL AGREEMENT

(8/4/2025 version) This contractual agreement (“Agreement”) made by and between the Department of Natural Resources (“Department”) and Award Contractor (“Contractor”), under the authority of the Illinois Civil Administration Code (20 ILCS 805/805-70) is executed pursuant to the terms and conditions set forth herein. In consideration of the mutual covenants herein, the parties agree as follows:

(1) PURPOSE OF AGREEMENT: DEPARTMENT promises in consideration of the promises and assurances made to the Contractor to pay the sum amount specified on Section 2 Pricing page of the contract or the Purchase Order attached to this agreement in exchange for the Contractors promise to adhere to the following provisions when providing services under the Aquatic Invasive Species Grants to Great Lakes States, Project # CAFWS-179.

(2) TERM

A. This Agreement is effective according to Section 3.1 of the contract or the dates specified on the purchase order.

B. The Contractor shall use its best efforts and due diligence to complete the project within the Agreement term. No extensions to the termination date will be issued without written approval from the DEPARTMENT

(3) FEDERAL ASSISTANCE PROGRAM: Funding of this agreement is provided through the Great Lakes Restoration Federal Assistance Program, CFDA # 15.662. The CONTRACTOR will abide by all terms and provisions applicable to its participation hereunder of the Great Lakes Restoration Federal Assistance Program.

(4) FUNDING AMOUNT: The CONTRACTOR may utilize up to $Award Amount of Great Lakes Restoration Federal Assistance Program funds apportioned to the Department to reimburse the CONTRACTOR for approvable expenses.

(5)

FEDERAL REQUIREMENTS:

A. Based on the legal status of the CONTRACTOR’s organization, documentation supporting costs of Federal and State shares will be compiled, audited, and maintained in accordance with:

(i) FAR 31.2 “Contracts with Commercial Organizations” as amended.

(ii) 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” shall apply.

B. In the event that any payments to the CONTRACTOR under this agreement are subsequently disallowed by audit as items of eligible costs, the CONTRACTOR will credit the total amount to the U. S. Fish & Wildlife Service, without prejudice, however, to the Department's right thereafter to establish the allowability of any such item of cost under this Agreement.

C. Debarment and Suspension (Executive Orders 12549 and 12689). The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency or are listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

D. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—CONTRACTOR’s that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Code of Federal Regulations / Title 2 - Grants and Agreements / Vol. 1 / 2014-01-01196

Certification Regarding Lobbying: For contracts or grants exceeding $100,000, the CONTRACTOR certifies, to the best of his or her knowledge and belief, that:

(i) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(iii) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subCONTRACTOR’s shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

E. In performance of its obligations pursuant to this grant agreement, the CONTRACTOR shall comply with all applicable provisions of federal, state and local laws ordinances or regulations. All limits or standards set forth in this agreement to be observed in the performance of the project are minimum requirements, and shall not affect the application of more restrictive federal, state or local standards which may apply to the scope of work.

F. Obligations of the DEPARTMENT shall cease immediately without penalty or further payment being required if, in any fiscal year covered by the terms of this agreement, the Illinois General Assembly or Illinois Executive Branch or DEPARTMENT administration or the federal funding source fails to appropriate, re-appropriate or otherwise make available funds for this agreement. The DEPARTMENT will provide written notification to CONTRACTOR of any impending change in the status of appropriations which may affect the CONTRACTOR.

G. This agreement shall be governed by and construed only in accordance with the laws of the State of Illinois. Any dispute relating to this agreement shall be adjudicated in the Illinois Court of Claims.

H. If the purchase of professional or artistic services, computer equipment, telecommunication equipment, software or services are identified as a project component and the cost, individually or in aggregate from the same vendor, meets or exceeds $25,000 the CONTRACTOR must use a written process for the solicitation of competitive sealed proposals, unless the CONTRACTOR verifies, in writing, that competitive sealed bidding for a single procurement is not practical or advantageous; or the CONTRACTOR documents, in writing, to the Project Manager, that sole source procurement is the most economically feasible solution. The DEPARTMENT reserves the right to require the CONTRACTOR to use a written, competitive sealed bidding process for costs under $30,000.

I. The CONTRACTOR certifies that it will use U.S. flag air carrier service, when required, for all air travel funded by the U. S. Government in accordance with the “Fly America Act” (49 U.S.C. 40118 and 41 CFR 301).

J. Equal Employment Opportunity. For all federally assisted construction contracts, as defined in 41 CFR Part 60-1.3, the CONTACTOR shall adhere to federal equal employment opportunity standards provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

K. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, for all prime construction contracts in excess of $2,000, the CONTRACTOR must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by the Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). The Department will report any known violations of this section to the Federal awarding agency.

L. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). The CONTRACTOR must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Department will report any known violations of this section to the Federal awarding agency.

M. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, for all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers, the CONTRACTOR must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

N. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the CONTRACTOR wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the CONTRACTOR and all the CONTRACTOR’s subCONTRACTORs must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

O. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants in excess of $150,000, the CONTRACTOR must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q), the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

P. Procurement of recovered materials (2 CFR 200.323).

a. Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

b. Contractor should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

Q. Prohibition on certain telecommunications and video surveillance equipment or services (2 CFR 200.216).

a. Contractor is prohibited from obligating or expending loan or grant funds to:

i. Procure or obtain covered telecommunications equipment or services;

ii. Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or

iii. Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

b. As described in section 889 of Public law 115-232,”"covered telecommunications equipment or services’ means any of the following:

i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

iii. Telecommunications or video surveillance services provided by such entities or using such equipment;

iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigations, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;

c. For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

d. When Contractor accepts the award, it is certifying that it will comply with the prohibition on covered telecommunications and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.

e. For additional information, see section 889 of Public law 115-232 and §200.471.

R. CONTRACTOR must comply with the Build America, Buy America Act. The Build America, Buy America Act (sections 70901-52 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58) requires all federal agencies to ensure that no financial assistance funding is provided for infrastructure projects unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. Per the Office of Management and Budget (OMB) memorandum M-22-11, federal agencies must meet this requirement by May 14, 2022. Applicability: • All Service programs where we award financial assistance funds for infrastructure, even when infrastructure is not the primary purpose.• All new awards, award amendments, and renewal awards to non-federal entities where we award funds for infrastructure on or after May 14, 2022, even when related funding opportunities did not identify it as applicable.• Only the iron and steel, manufactured products, and construction materials used for an infrastructure project that are consumed in, incorporated into, or affixed to the infrastructure.• An entire infrastructure project, including both federal and non-federal funding. Build America, Buy America does not apply to: •Financial assistance expenditures excluded from the definition of “Federal financial assistance” in section 70912(4)(b) of the Build America, Buy America Act. • Non-infrastructure spending under an award that includes an infrastructure project.• Tools, equipment, and supplies brought to the construction site and removed at or before project completion.• Equipment and furnishings used or within the finished structure but not an integral part of or permanently affixed to it. Waivers may apply when: • Applying it would be inconsistent with public interest, • The United States does not produce the needed product or material in a sufficient and available quantity or of a satisfactory quality, or • Applying it would increase the overall project cost by more than 25 percent.

a. § 200.322 Domestic preferences for procurements.

(a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.

Q.

The CONTRACTOR must comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

(6) BRIBERY CERTIFICATION: The CONTRACTOR certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or in any other state in that officer or employee's official capacity; or has made an admission of guilt of such conduct which is a matter of record but has not been prosecuted for such conduct.

(7) INSPECTION: DEPARTMENT representatives shall have reasonable access to the herein specified project at any reasonable hours during project development and after completion to assess progress or to ensure continuing compliance with the requirements of the program.

(8)

TERMINATION:

A. Termination for Cause: The DEPARTMENT may terminate this Agreement, in whole or part, immediately upon written notice to the CONTRACTOR if the State determines that the actions or inactions of the CONTRACTOR , its agents, employees or subcontractors have caused or reasonably could cause jeopardy to health, safety or property; if the CONTRACTOR has notified the state that it is unable or unwilling to perform the contract; or if the CONTRACTOR owes money or is in pending litigation with the State of Illinois during the term of this agreement. For termination due to any of the causes contained in this section, the State retains its right to seek any available legal or equitable remedies and damages.

B. Termination for Convenience: Either party, prior to project commencement, has the right to rescind this Agreement upon thirty (30) days written notification to the other party. This Agreement is furthermore contingent upon and subject to the availability of funds. The DEPARTMENT, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60 (b)).

C. Termination for Breach: The DEPARTMENT may terminate this agreement if contractual funds are not used exclusively in accordance with the provisions contained in this Agreement; or if the CONTRACTOR fails without legal excuse to comply with any of the terms, representations or warranty made in this Agreement. The parties agree that in the event of a breach of this Agreement by the CONTRACTOR and notification from the DEPARTMENT, the CONTRACTOR shall have thirty (30) days to cure or correct the breach to the satisfaction of the DEPARTMENT. If the breach is not cured or corrected to the satisfaction of the DEPARTMENT, the DEPARTMENT shall thereafter have full right and authority to terminate this agreement and seek such other remedy that may be available by law or in equity. Upon termination of this agreement, CONTRACTOR shall cease all use of contractual funds, shall cancel all cancelable obligations relating to the Project, and shall return all unexpended contractual funds to the department within 45 days.

In the event of termination by the DEPARTMENT in accordance with termination for cause, convenience, or breach of this section, the DEPARTMENT shall pay to the CONTRACTOR the reasonable value of services performed under this Agreement prior to the date of termination, provided the CONTRACTOR submits bills and proof of claims for supplies and services provided in compliance with this Agreement, cancels as many outstanding obligations as possible, and does not incur any new obligations after the effective date of termination. If the DEPARTMENT terminates this Agreement, any payments made to the CONTRACTOR or recoveries by the DEPARTMENT shall be in accordance with the legal rights and liabilities of the parties.

In the event any court finds that CONTRACTOR’s activities are a breach or violation of this Agreement, the CONTRACTOR will reimburse the DEPARTMENT for all costs, including reasonable attorney’s fees, incurred by the DEPARTMENT in the pursuit of its rights under this Agreement. For purposes of this paragraph, "costs" shall be deemed to be all expenses, including but not limited to court costs and the value of the DEPARTMENT staff time, reasonably incurred by the DEPARTMENT.

(9) RECORD KEEPING AND RETENTION: The CONTRACTOR shall maintain, for a minimum of 3 years following project completion, satisfactory financial accounts, documents, and records associated with the project and the disbursement of grant funds pursuant to this Agreement, and shall make them available to the DNR and the State of Illinois, Auditor General, or the Attorney General for auditing at reasonable times. Failure by the CONTRACTOR to maintain such accounts, documents, and records as required herein shall establish a presumption in favor of the State of Illinois for recovery of any funds paid by the State per this Agreement for which adequate records are not available to support their purported disbursement.

(10) STAFFING: All professional, technical, clerical, and other personnel necessary for the effective performance of the Project shall be employed by CONTRACTOR, and shall in all respects be subject to the rules and regulations of Department governing its employees. Neither the CONTRACTOR nor its personnel shall be considered to be agents or employees of the Department.

(11) INDEMNIFICATION: To the extent permitted by Illinois law and not inconsistent with the doctrine of sovereign immunity, the CONTRACTOR covenants and agrees that it shall indemnify and hold harmless the DEPARTMENT from any and all liability, costs, damages, expenses, including reasonable attorney’s fees, or claims thereof arising under, through or by virtue of the work as described in the CONTRACTOR’s PROPOSAL; provided that said claims, demands, costs and expenses have not been caused in whole or in part by the negligence or willful misconduct of the DEPARTMENT.

(12) PROPERTY DAMAGE: In the event the CONTRACTOR, its employees, volunteers or subcontactors damage any DEPARTMENT property and such property is deemed irreparable by the DEPARTMENT, the CONTRACTOR will be liable for securing replacement property with new or other or other property/facilities that are deemed as comparable by the DEPARTMENT in terms of market value, location, and capacity.

(13) ILLINOIS TAX: The CONTRACTOR certifies that they and all affiliates either are not required to collect and remit Illinois Use Tax or are not delinquent in the collection and remittance of any Illinois Use Tax, penalty, or interest due under the Illinois Use Tax Act. The CONTRACTOR further acknowledges, that the contracting State agency may declare the contract null and void if this certification is false or if the CONTRACTOR or any affiliate is determined to be delinquent in the collection and remittance of any Illinois Use Tax, penalty, or interest due under the Illinois Use Tax Act.

(14) ACKNOWLEDGEMENT: All electronic or hard copy publications, documents, news articles, TV and radio releases or interviews or personal presentations that relate to this project must credit the DEPARTMENT and the U.S. Fish and Wildlife Service’s Great Lakes Restoration Assistance Program. Any electronic or hard copy publications or other documents that are generated as a result of this grant agreement shall include appropriate credit to the DEPARTMENT and the U.S. Fish & Wildlife Service with the following statement:

The Illinois Department of Natural Resources receives Federal financial assistance from the U.S. Fish and Wildlife Service. Under Title VI of the 1964 Civil Rights Act, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and Title IX of the Education Amendments Act of 1972, and the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, disability (or sex in educational programs).

If you believe that you have been discriminated against in any program, activity, or facility, or if you need more information, please write to:

Chief, Public Civil Rights

Office of Civil Rights

U.S. Department of the Interior

1849 C Street, NW

Washington, D.C. 20240

This information may be provided in an alternative format if required. Contact the DNR Clearinghouse at 217/782‑7498 for assistance.

(15) SUBCONTRACTOR DISCLOSURE: All subCONTRACTORs to the CONTRACTOR on this project are expected to perform work pursuant to this agreement and to be paid with funds provided hereunder. All subCONTRACTORs selected by the CONTRACTOR will be disclosed on the required subCONTRACTOR Disclosure Form (Attachment E) and submitted to the DEPARTMENT’S project manager prior to any work being done by the CONTRACTOR’s subCONTRACTORs on the project. The CONTRACTOR shall notify the DEPARTMENT if, during the term of this agreement, the CONTRACTOR retains a subCONTRACTORs not previously disclosed.

(16) INCORPORATION OF PROVISIONS: The CONTRACTOR acknowledges and agrees that the provisions, certifications or amendments specified herein shall be incorporated into and made a part of the invitation of bids, request for proposals, agreement, contract, amendment, renewal or other similar documents to ensure full disclosure of and compliance with these provisions.

(17) CONTRACTUAL AUTHORITY: The agency that signs for the State of Illinois shall be the only State entity responsible for performance and payment under this Agreement. When an authorized designee signs in addition to an Agency, he or she does so as approving officer and shall not have any liability to the Grantee.

(18) FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required by the State are subject to the Illinois Freedom of Information Act (50 ILCS 140 et seq.) notwithstanding any provision to the contrary that may be found in this Agreement.

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