Grant Forms.docx
DOCX document 70 KB Posted
- Solicitation number
- 22-425DJJ-GENER-B-27079
- Issued by
- Illinois
About this file
This document is an Addendum to an Agreement between the Illinois Department of Juvenile Justice (IDJJ), the Implementing Agency, and a Contractor. The Addendum outlines the terms and conditions that the Contractor must adhere to in the performance of the Agreement, including requirements related to being an independent contractor, complying with the Federal Funding Accountability and Transparency Act, record retention, certifications regarding debarment and a drug-free workplace, lobbying, and other federal regulations. The Addendum also covers intellectual property rights, publication requirements, audit and inspection provisions, and reporting of grant irregularities. Additionally, the Addendum includes an Equal Employment Opportunity Program requirement for Contractors with 50 or more employees and receiving over $25,000 in funding.
The pricing terms, funding requirements, and sources are not explicitly stated in this Addendum. However, it references a related State and Local Contract Opportunity for "IFB IDJJ Data Analysis and Planning Services for GOV Transformation", which involves data services, geo-mapping, and planning services pursuant to the Governor's Transition Plan for the Illinois Department of Juvenile Justice. This contract opportunity is open to electronic submissions only, per CPO Notice 2020.06.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| IFB Data Analysis and Planning Services for GOV Transformation-20220414 1900-1.pdf | ||
| Notice of Award Form B27079 .pdf | ||
| Attachment - Notice of Electronic Submission Only v.22.1~1.pdf | ||
| VENDOR QUESTIONS ~1.pdf | ||
| IFB DATA ANALYSIS ~1.docx | DOCX document | |
| Forms B Section V.20.1~15.docx | DOCX document | |
| FORMS A~9.doc | DOC document | |
| ATTACHMENT A final.docx | DOCX document | |
| BEP Utilization Plan B27079~1.pdf |
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UNALLOWABLE COSTS. Unallowable costs include, but are not limited to, the following:
| a) | Bad Debts – Any losses arising from uncollectible accounts and other claims, and related costs. |
| b) | Contributions and Donations – Contributions and donations, including cash, services and property. |
| c) | Entertainment – Costs of amusements, social activities, and incidental costs related thereto, such as meals, beverages, lodging, transportation, tickets to shows or sporting events. |
| d) | Fines and Penalties – costs resulting from violations of, or failure to comply with, federal, state and local laws and regulations. |
| e) | Interest and Other Financial Costs – Interest on borrowing, bond discounts, costs of financing and refinancing operations, and legal and professional fees in connection therewith. Exceptions to this general rule are found in OMB Circular A-87 and OMB Circular A-122 (not-for-profits). |
| f) | Under recovery of Costs Under Interagency Agreements – Over expenditure on one agreement cannot be recovered from another agreement. |
| g) | Land Purchases – Federal funds may not be used for the purpose of land acquisition. |
| h) | Inappropriate Expenditures – Expenditures not appropriate for carrying out the contract purpose or that are unreasonable as to cost benefits derived shall be disallowed. For example, items such as floral arrangements. |
| i) | Purchase of Agency-Owned Equipment – Federal funds may not be used for reimbursement of purchase price of equipment already owned by the vendor. |
| j) | Luxury Vehicles – Luxury vehicles are an unallowable cost. |
| k) | Fund Raising – Costs of organized fund raising may not be charged either as direct or indirect costs against the grant. Neither the salary of persons engaged in such activities nor indirect costs associated with those salaries may be charged to the grant, except insofar as such persons perform other grant-related activities. |
| l) | Lobbying – The costs of certain influencing activities associated with obtaining grants. |
| m) | Confidential Expenditures – Confidential expenditures are not allowed. |
| n) | Certain Conference, Meeting, Symposium and Workshop Costs – Honoraria, entertainment, sports, visas, passport charges, tips, bar charges, laundry charges and beverages are unallowable. Working breakfasts, evening receptions, cocktail hours, and working dinners are also unallowable. |
| o) | Compensation of Federal Employees – Salary payments, consulting fees, or other remuneration for full-time federal employees are unallowable. |
| p) | Travel of Federal Awarding-Agency Employees – Costs of transportation, lodging, subsistence and related travel expenses of federal awarding-agency employees are unallowable. |
| q) | Pre- and Post- Award Costs – Costs incurred prior to the signing of or after the termination of an interagency agreement are unallowable unless appropriate pre-award agreements or extensions have been approved in writing by the Criminal Justice Information Authority prior to those costs being incurred. |
r) Costs Disallowed for Particular Programs – Federal guidelines for particular grant programs may categorize additional cost types as unallowable.
s) Continuing Education Units (CEUs) – Grant funding may not be utilized to pay the fee for CEUs. Training costs are normally allowable; fees for CEUs are unallowable.
COSTS REQUIRING PRIOR Illinois Department of Juvenile Justice (IDJJ) OR U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE APPROVAL. Even if provided for in the vendor’s budget and budget narrative, the vendor must submit a specific, written request and justification to IDJJ for the following items, prior to incurring the cost for such items:
a) Automatic data processing equipment.
b) Equipment with a unit cost of $25,000 or more.
c) Indirect costs.
d) Out-of-state travel.
e) Sole source purchases, the aggregate of which is $25,000 or more.
f) Subcontracts of $100,000 or more.
g) Consultant fees exceeding $450/day.
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, “New Restrictions on Lobbying” and 28 CFR Part 67, “Government-wide Debarment and Suspension (No procurement) and Government-wide Requirements for Drug-Free Workplace (Grants).” The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that:
(a) 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at-tempting 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-tification be included in the award documents for all sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec-tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this applica-tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec-tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee’s policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph
(a) that, as a condition of employment under the grant, the employee will—
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
N
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden-ification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce-ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check|_| if there are workplaces on file that are not identified here.
Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7.
Check |_|if the State has elected to complete OJP Form 4061/7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620—
A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
2. Application Number and/or Project Name
3. Grantee IRS/Vendor Number
2014-CZ-BX-0011
4. Typed Name and Title of Authorized Representative
5. Signature
6. Date
*U.S. Government Printing Office: 1996 - 405-037/40014
| Disclosure of Lobbying Activities |
| Approved by OMB 0348-0046 |
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse side for instructions.)
Public Reporting Burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate of any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington D.C. 20503.
Type of Federal Action:
| a. |
| contract |
grant cooperative agreement loan loan guarantee loan insurance
2. Status of Federal Action:
| a. |
| bid/offer/application |
initial award post-award
3. Report Type:
| a. |
| Initial filing |
Material change
For Material Change Only:
year quarter date of last report
4. Name and Address of Reporting Entity:
| Prime |
| x |
| Sub awardee |
| Tier |
| 2 |
| , if known |
Reporting Entity: vendor contracted by the Illinois Department of Juvenile Justice
5. If Reporting Entity In No. 4 is Sub awardee, enter Name and Address of Prime:
Illinois Department of Juvenile Justice 707 N. 15th Street Springfield, IL 62702
| Congressional District, if known: |
| Congressional District, if known: |
6. Federal Department/Agency:
Department of Justice, Bureau of Justice Assistance
7. Federal Program Name/Description:
Justice Assistance Grant
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI):
b. Individual Performing Services (including address if different from No. 10a) (last name, first name, MI):
11. Information requested through this form is authorized by Sec. 319, Pub. L. 101-121, 103 Stat3 750, as amended by sec. 10; Pub. L. 104-65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.:
Date:
| Federal Use Only: |
| Authorized for Local Reproduction Standard Form-LLL (1/96) |
Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a, a prime or sub awardee of the prime is the 1st tier. Sub awards include but are not limited to subcontracts, sub grants and contract awards under grants.
5. If the organization filing the report in item 4 checks “Sub awardee”, then enter the full name, address, city, state and zip code of the prime Federal recipient, Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, or loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-0001.”
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full name of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form; print his/her name, title, and telephone number.
Authorized for Local Reproduction Standard Form-LLL (1/96)
ADDENDUM TO AGREEMENT
The Illinois Department of Juvenile Justice (IDJJ) , hereafter referred to as the “Implementing Agency” and ., hereafter referred to as the “CONTRACTOR”, agree to adhere to and comply with the following terms and conditions, as an addendum to, and in the performance of, the agreement to which these provisions are attached.
SECTION 1. INDEPENDENT CONTRACTOR
The CONTRACTOR, in the performance of this agreement, shall act as an independent contractor and not as an agent or employee of the Illinois Department of Juvenile Justice (Authority) or the Implementing Agency. The Authority shall not be responsible for the performance, acts or omissions of the CONTRACTOR. The CONTRACTOR shall be liable, and agrees to be liable for, and shall indemnify, defend and hold the Authority harmless for all claims, suits, judgments and damages arising from the performance of this agreement, to the extent permitted by law.
SECTION 2. TRANSPARENCY ACT COMPLIANCE
The CONTRACTOR agrees to comply with any and all requirements of 2 C.F.R. §33.200 that are imposed on recipients of federal funds by the Federal Funding Accountability and Transparency Act of 2006. The CONTRACTOR agrees to comply with the following:
a) To acquire and use a DUNS (Data Universal Numbering System) number. The DUNS number shall be procured from Dun and Bradstreet, Inc. online at www.dunandbradstreet.com or by calling 1-866-705-5711.
CONTRACTOR’S DUNS Number:
b) To maintain a current registration in the System for Award Management (SAM) database. The CONTRACTOR must update or renew their SAM registration at least once per year to maintain an active status. Information about registration procedures can be accessed at www.sam.gov.
CONTRACTOR’S SAM registration is valid until:______________________________
c) The CONTRACTOR shall provide their Commercial and Government Entity (CAGE) Code. The CAGE Code request process is incorporated into the CCR registration.
CONTRACTOR’S CAGE Code:________________________________
d) The CONTRACTOR further agrees that all agreements entered into with subcontractors, shall require compliance by the sub grantee or contractor with the Federal Funding Accountability and Transparency Act of 2006 and all requirements of 2 C.F.R. §33.200 including obtaining a DUNS number and maintaining registration with the CCR.
e) The acquisition of a DUNS number and registration with the CCR database is not required of contractors and subcontractors who are individuals.
SECTION 3. RECORD RETENTION:
CONTRACTOR agrees to retain financial and program records for a minimum of 3 years after the expiration date of this agreement, or 3 years after closure of CONTRACTOR’s most recent audit report, whichever is later. CONTRACTOR shall maintain, for this 3-year period, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this agreement; the agreement and all books, records, and supporting documents related to the agreement shall be available for review and audit by the Auditor General, federal awarding agency personnel, the Authority, or any person duly authorized by the Authority; and CONTRACTOR agrees to cooperate fully with any audit conducted by the Auditor General, the federal awarding agency, the Authority or any person duly authorized by the Authority, and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement.
Records shall be maintained beyond the 3-year period if any litigation, claim, audit, fiscal review, negotiation, or other action involving the records has been started before the expiration of the above three-year period; in such cases, these records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. In addition, the CONTRACTOR understands and agrees that the Department of Justice (DOJ), including the Office of Justice Programs (OJP), Office of the Inspector General (OIG) and its representatives, and the Government Accountability Office (GAO) are authorized to interview any officer or employee of the CONTRACTOR regarding transactions related to the Recovery Act Award. Furthermore, DOJ and GAO are authorized to interview sub grantees, contractors and subcontractors regarding transactions related to this award.
SECTION 4. CERTIFICATION:
CONTRACTOR certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961.
SECTION 5. CRIMINAL CONVICTIONS
The CONTRACTOR certifies that its board members, executive officers, directors, administrators, supervisors, managers, and financial officers and anyone holding such a position of authority have not been convicted of theft, fraud, or any other crime involving dishonesty within the past ten (10) years.
The CONTRACTOR shall notify the Implementing Agency if any of its board members, executive officers, directors, administrators, supervisors, managers, or financial officers or anyone holding such a position of authority has been convicted of theft, fraud, or any other crime involving dishonesty within the past ten (10) years or become convicted of theft, fraud, or any other crime involving dishonesty. The Implementing Agency may terminate this agreement at the Implementing Agency’s discretion, if any of the CONTRACTOR’s board members, executive officers, directors, administrators, supervisors, managers, or financial officers or anyone holding such a position of authority have been convicted of theft, fraud, or other crime of dishonesty within the past ten (10) years or become convicted of theft, fraud, or any crime involving dishonesty.
SECTION 6. ELIGIBILITY FOR EMPLOYMENT IN THE UNITED STATES:
CONTRACTOR shall complete and keep on file, as appropriate, the Immigration and Naturalization Service Employment Eligibility Form (I-9). This form shall be used by CONTRACTOR to verify that persons employed by CONTRACTOR are eligible to work in the United States.
SECTION 7. NONDISCRIMINATION:
The CONTRACTOR certifies that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity funded under this agreement on the basis of race, color, age, religion, national origin, disability, or sex. The CONTRACTOR agrees to have written sexual harassment policies which satisfy the requirements set forth in the Illinois Human Rights Act. (775 ILCS 5).
National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary.
Faith-Based and Community Organizations that statutorily qualify as eligible applicants under OJP programs are invited and encouraged to apply for assistance awards and will be considered for awards on the same basis as any other eligible applicants and, if they receive assistance awards, will be treated on an equal basis with all other grantees in the administration of such awards. No eligible applicant will be discriminated against on the basis of its religious character or affiliation, religious name, or the religious composition of its board of directors or persons working in the organization.
The CONTRACTOR assures compliance with the following laws, and all associated rules and regulations:
-Non-Discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789d(c);
- Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d;
· Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (Federal Register, June 18, 2002, Volume 67, Number 117, Page 41455-41472); and Executive Order 13166 Limited English Proficiency Resource Document: Tips and Tools from the Field;
- Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794;
- The Americans with Disabilities Act, 42 U.S.C. 12132 et seq.;
- Title IX of the Education Amendments of 1972, 20 U.S.C. 1681;
- The Age Discrimination Act of 1975, 42 U.S.C. 6102;
- The Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, subparts C, D, E, G; and I
- The Department of Justice regulations on disability discrimination, 28 CFR Part 35;
1. The Department of Justice regulations on sex discrimination in education programs, 28 C.F.R. 54;
- The Illinois Human Rights Act, 775 ILCS 5;
- The Public Works Employment Discrimination Act, 775 ILCS 10;
· The Illinois Environmental Barriers Act, 410 ILCS 25.
· The Equal Treatment for Faith-Based Organizations, 28 C.F.R. Part 38.
All applicable provisions, rules and regulations of these Acts are made a part of this agreement by reference as though set forth fully herein.
In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, age, religion, national origin, disability, or sex against the CONTRACTOR, or any sub grantee or contractor of the CONTRACTOR, the CONTRACTOR will forward a copy of the finding to Implementing Agency and the Implementing Agency will forward the findings to the Authority. The Authority will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs.
SECTION 8. CONFIDENTIALITY OF INFORMATION:
To the extent permitted by Illinois state law, including the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., CONTRACTOR agrees not to use or reveal any research or statistical information furnished under this program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with applicable federal legislation, regulations and guidelines. Such information shall be immune from legal process and shall not, without the consent of the person furnishing the information, be admitted as evidence or used for any purpose in any action, suit or other judicial, legislative or administrative proceeding.
SECTION 9. PROCUREMENT REQUIREMENTS/CONFLICT OF INTEREST:
All procurement transactions shall be conducted by the CONTRACTOR in a manner to provide, to the maximum extent practical, open and free competition. The CONTRACTOR must use procurement procedures that minimally adhere to all applicable laws, executive orders and federal guidelines. The CONTRACTOR shall also adhere, and assure that its contractors and subcontractors adhere, to all applicable certification and disclosure requirements of the Illinois Procurement Code.
The CONTRACTOR shall follow its established procurement process if it minimally adheres to applicable federal guidelines, and the following requirements. If the CONTRACTOR’s established procurement process is less competitive than the following requirements, the following more competitive requirements must be adhered to in lieu of the CONTRACTOR’s procurement process.
· For procurements of $100,000 or less, the CONTRACTOR must solicit quotes or bids from at least three sources.
· For procurements over $100,000, the CONTRACTOR must formally advertise the proposed procurement through an Invitation for Bids (IFB), or a Request for Proposals (RFP) process.
All procurements over $100,000, that involve the use of federal or matching funds, must be submitted by the CONTRACTOR to the Authority for review and written approval prior to their issuance. In addition, the Authority reserves the right to request that any RFP or IFB, regardless of its dollar amount, be submitted to the Authority for review and approval prior to its issuance. In addition, the CONTRACTOR shall notify and submit for approval to the Authority any other relevant procurement documents including but not limited to Request For Information (RFI).
As required by the Authority, the CONTRACTOR shall submit documentation regarding its procurement procedures and grant-funded purchases for Authority review and approval, to assure adherence to applicable federal guidelines.
SECTION 10. APPLICABLE LAW:
CONTRACTOR shall operate in conformance with the following State and federal laws and guidelines, currently in effect and hereafter amended, when applicable: federal legislation, regulations and guidelines regarding the applicable federal grant program; the Office of Justice Programs' Financial Guide; Office of Management and Budget Circulars A-21, A-87, A-102, A-110, A-122, and A-133; the Illinois Grant Funds Recovery Act (30 ILCS 705); Illinois Procurement Code (30 ILCS 500); the State Comptroller Act (15 ILCS 405); the U.S. Department of Justice Regulations Governing Criminal History Record Information Systems (28 CFR Part 20.1 et seq.); the U.S. Department of Justice Regulations Governing Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22.1 et seq.); the U.S. Department of Justice Regulations Governing Government wide Debarment and Suspension (28 CFR Part 67.100 et seq.) and the rules of the Authority (20 Ill. Adm. Code 1520 et seq.).
CONTRACTOR shall comply with all applicable laws, regulations, and guidelines of the State of Illinois, the Federal Government and the Authority in the performance of this agreement, currently in effect and hereafter amended, including but not limited to: the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part 46, Protection of Human Subjects; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 67, Government wide Debarment and Suspension (No procurement); provisions of 48 CFR regarding federal acquisition principles, including Part 31, Contract Cost Principles and Procedures; Section 8136 of the Department of Defense Appropriations Act of 1988 (P.L. 100-463, effective October 1, 1988); National Environmental Policy Act of 1969, 42 U.S.C. pars. 4321 et seq.; National Historic Preservation Act of 1966, 16 U.S.C. pars. 470 et seq.; Flood Disaster Protection Act of 1973, 42 U.S.C. pars 4001 et seq.; Clean Air Act of 1970, 42 U.S.C. pars. 7401 et seq.; Clean Water Act, 33 U.S.C. pars. 1368 et seq.; Executive Order 11738; and EPA regulations (40 CFR Part 15); Federal Water Pollution Control Act of 1948, as amended, 33 U.S.C. pars. 1251 et seq.; Safe Drinking Water Act of 1974, 42 U.S.C. pars. 300f et seq.; Endangered Species Act of 1973, 16 U.S.C. pars. 1531 et seq.; Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. pars. 1271 et seq.; Historical and Archeological Data Preservation Act of 1960, as amended, 16 U.S.C. pars. 469 et seq.; Coastal Zone Management Act of 1972, 16 U.S.C. pars. 1451 et seq.; Coastal Barrier Resources of 1982, 16 U.S.C. pars. 3501 et seq.; Indian Self Determination Act, 25 U.S.C. par. 450f; Intergovernmental Cooperation Act of 1968, 42 U.S.C. 4201 et seq.; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. pars. 4601 et seq.; Hatch Political Activity Act of 1940, as amended, 5 U.S.C. pars. 1501 et seq.; Animal Welfare Act of 1970, 7 U.S.C. pars. 2131 et seq.; Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C. pars. 3301 et seq.; Federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. pars. 201 et seq.; and E.O. 11246 “Equal Employment Opportunity,” as amended by E.O. 11375, and supplemented by regulations at 41 CFR Part 60.
Failure of CONTRACTOR to comply with applicable laws, regulations, and guidelines may result in the suspension or termination of this agreement, or pursuit of other remedies that may be legally available.
SECTION 11. CERTIFICATIONS REGARDING DEBARMENT AND A DRUG-FREE WORKPLACE:
As required by the Authority, CONTRACTOR shall complete and submit the federal Certification Regarding A Drug-Free Workplace and shall certify 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.
SECTION 12. CERTIFICATION REGARDING LOBBYING:
Federal funds are prohibited from being used for influencing or attempting to influence persons in connection with covered federal transactions, which include the awarding, making, entering into, extension, continuation, renewal, amendment, or modification, of federal grants or contracts. If receiving more than $100,000 pursuant to this agreement, CONTRACTOR agrees to provide a Certification Regarding Lobbying to the Authority and, if applicable, a Disclosure of Lobbying Activities form. If a subcontractor will receive more than $100,000 in federal funds pursuant to this agreement, CONTRACTOR will provide to the Authority a Certification Regarding Lobbying and, if applicable, a Disclosure of Lobbying Activities form signed by the subcontractor. CONTRACTOR must provide these certifications and disclosures as required by the Authority.
SECTION 13. STATEMENTS, PRESS RELEASES, ETC.:
When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the CONTRACTOR shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money, and (2) the dollar amount of federal funds for the project or program.
SECTION 14. COPYRIGHTS, PATENTS:
If this agreement results in a copyright, the Illinois Department of Juvenile Justice and the federal awarding agency, reserve a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work or the copyright to any work developed under this agreement and any rights of copyright to which a grantee, sub grantee or a contractor purchases ownership with grant support.
If this agreement results in the production of patentable items, patent rights, processes, or inventions, the CONTRACTOR shall immediately notify the Implementing Agency, and the Implementing Agency shall notify the Authority. The Authority will provide the Implementing Agency and CONTRACTOR with further instruction on whether protection on the item will be sought and how the rights in the item will be allocated and administered in order to protect the public interest, in accordance with federal guidelines.
SECTION 15. PUBLICATIONS:
CONTRACTOR shall submit to the Implementing Agency, and the Implementing Agency shall submit to the Illinois Department of Juvenile Justice for review, a draft of any publication that will be issued by CONTRACTOR describing or resulting from programs or projects funded in whole or in part with federal or matching funds, no later than 60 days prior to its printing.
Any such publication shall contain the following statement:
"This project was supported by Grant # 2014-CZ-BX-0011, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice to the Illinois Department of Juvenile Justice. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, or the Illinois Department of Juvenile Justice."
These publication requirements pertain to any written, visual or sound publication, but are inapplicable to press releases, newsletters and issue analyses. Exceptions to these requirements may be granted upon prior Authority approval, SECTION 16. INSPECTION AND AUDIT:
If required by revised Office of Management and Budget Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations," CONTRACTOR agrees to provide for an independent audit of its activities in accordance with A-133. Such audits shall be made annually, unless A-133 allows CONTRACTOR to undergo biennial audits. All audits shall be conducted in accordance with Government Auditing Standards, Standards for Audit of Governmental Organizations, Programs, Activities and Functions; the Guidelines for Financial and Compliance Audits of Federally Assisted Programs; any compliance supplements approved by the Office of Management and Budget; and generally accepted auditing standards established by the American Institute of Certified Public Accountants. Copies of all audits must be submitted to the Implementing Agency and the Implementing shall submit to the Authority no later than 9 months after the close of the CONTRACTOR’s audit period.
Known or suspected violations of any law encountered during audits, including fraud, theft, embezzlement, forgery, or other serious irregularities, must be immediately communicated to the Authority and appropriate federal, State, and local law enforcement officials.
CONTRACTOR agrees to develop and maintain a record-keeping system to document all agreement related activities and expenditures. These records will act as the original source material for compilation of data and records required by the Authority and all other program activity.
The Authority shall have access for purposes of monitoring, audit and examination to all relevant books, documents, papers, and records of CONTRACTOR, and to relevant books, documents, papers and records of subcontractors.
SECTION 17. REPORTING GRANT IRREGULARITIES
The CONTRACTOR shall promptly notify the Authority through their Authority Grant Monitor when an allegation is made, or the CONTRACTOR otherwise receives information, reasonably tending to show the possible existence of any irregularities or illegal acts in the administration of grant funds. The Authority, per its agency policy, shall determine the reasonableness of the allegation of the irregularities or illegal action and determine the appropriate course of action. Possible actions would include conducting an internal audit or other investigation or contacting the proper authorities. Illegal acts and irregularities shall include but are not limited to such matters as conflicts of interest, falsification of records or reports both data, fiscal and programmatic, and the misappropriation of funds or other assets.
A copy of the Authority’s policy is available on the web at https://www.illinois.gov/IDJJ/Pages/
Failure to report known irregularities can result in suspension of the Addendum to Agreement or other remedial action. In addition, if the CONTRACTOR’S auditor or other staff becomes aware of any possible illegal acts or other irregularities prompt notice shall be given to the CONTRACTOR’S director or similarly situated personnel. The Contractor, in turn, shall promptly notify the Authority as described above of the possible illegal acts or irregularities. If the possible misconduct involves the CONTRACTOR’S director, the CONTRACTOR staff member shall provide prompt notice directly to the Authority.
In addition, the Authority, if in its judgment there is a reasonable allegation of irregularity or illegal act, shall inform the Office of Justice Program’s Office of the Comptroller, the Department of Justice’s Office of Professional Responsibility and the Office of Inspector General, and state and local law enforcement agencies or prosecuting authorities, as appropriate, of any known violations of the law within their respective area of jurisdiction.
The reporting of any irregularities, illegal acts and the proposed or actual corrective action shall be reported to the Authority at:
Illinois Department of Juvenile Justice Attn: Grant Monitor 707 N. 15th Street Springfield, IL 62702 Phone: 217-557-1030
SECTION 18. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
Pursuant to 28 CFR Part 42 (Nondiscrimination; Equal Employment Opportunity; Policies and Procedures), except those recipients specifically exempted by 28 CFR Part 42.302(c), if the CONTRACTOR has 50 or more employees, is receiving more than $25,000 or more under the Omnibus Crime Control and Safe Streets Act, and has a service population with a minority representation of 3 percent or more, the CONTRACTOR shall formulate, implement and maintain an equal employment opportunity program relating to employment practices affecting minority persons and women.
The CONTRACTOR shall complete and submit an EEO Plan Certification to the Authority. This Certification shall indicate if the CONTRACTOR is required to have an EEO Plan or if the CONTRACTOR is exempt from this requirement. If required by this section, the CONTRACTOR certifies that an equal employment opportunity program will be in effect during the period of performance of this agreement. In addition, a CONTRACTOR receiving $500,000 shall submit a copy of its equal employment opportunity plan to the Implementing Agency and the Implementing Agency shall submit to the Authority.
The CONTRACTOR acknowledges that failure to submit an acceptable EEO Plan, if required by this section, is a violation of this agreement and may result in suspension or termination of funding, until such time the CONTRACTOR is in compliance.
SECTION 19. GRANT FUNDS RECOVERY AND INVOLUNTARY WITHHOLDINGS
This Addendum to Agreement is subject to the Illinois Grants Recovery Act (30 ILCS 705/1 et. seq). The CONTRACTOR certifies that it is not presently subject to a grant funds recovery action under the Illinois Grant Funds Recovery Act (30 ILCS 705/1 et. seq) or an Involuntary Withholding by the State of Illinois or any other state. The CONTRATOR also certifies that a grant recovery action has not been initiated against it by any grantor, or an Involuntary Withholding action by the State of Illinois or any other state within the past five (5) years.
The CONTRACTOR shall notify the Implementing Agency if it is currently the subject of a grant funds recovery action, has been the party to a grant funds recovery action in the past five (5) years, is currently subject to an Involuntary Withholding by the State of Illinois or by any other state, or has been subject to an Involuntary Withholding by the State of Illinois or by any other state within the past five (5) years. The Implementing Agency may terminate this agreement, at the Implementing Agency’s sole discretion, if the CONTRACTOR is a party to a grant funds recovery action, has been a party to a grant funds recovery action within the past five (5) years, becomes a party to a grant funds recovery action, is subject to an Involuntary Withholding, or has been the subject of an Involuntary Withholding within the past five (5) years, or becomes subject to an Involuntary Withholding.
ACCEPTANCE OF ADDENDUM
The Implementing Agency and CONTRACTOR agree to adhere to and comply with the above terms and conditions, as an addendum to, and in the performance of, the agreement to which these provisions are attached.
| ______________________________________________ | _____________________ |
| Authorized representative of the Implementing Agency | Date |
| ______________________________________________ | _____________________ | |
| Authorized representative of the CONTRACTOR | Date |
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