Section 555.120  Agreement

a)         When a grant has been awarded, the Grantee and the Department shall execute an Agreement.  The Agreement shall be executed by the Grantee and the Director of the Department or the Director's designee on behalf of the Department.  The Project must not be initiated and costs shall not be incurred prior to the time the Department approves the Application in order for the costs to be eligible for funding.

b)         The Agreement shall contain substantive provisions including, but not limited to, the following:

1)         A recitation of legal authority pursuant to which the agreement is made;

2)         An identification of the Project scope and schedule, and the work or services to be performed or conducted by the Grantee;

3)         An identification of the grant amount;

4)         The condition and manner by which the Department shall pay the grant amount subject at all times to annual appropriation by the General Assembly;

5)         The irrevocable promise of the Grantee to pay the local match of the total project cost;

6)         A promise by the Grantee not to assign or transfer any of the rights, duties or obligations of the Grantee without the written consent of the Department;

7)         A promise by the Grantee not to amend the Agreement without the written consent of the Department.  Failure to do so will result in a cost disallowance. The Project must be completed by the completion date on the notice of grant award unless a written request for an extension is submitted no later than 30 days prior to the award completion date;

8)         A covenant that the Grantee shall expend the grant award and any accrued interest only for the purposes of the project as stated in the Application and approved by the Department; and

9)         A covenant that the Grantee shall refrain from entering into any written or oral agreement or understanding with any party that might be construed as an obligation of the State of Illinois or the Department for the payment of any funds under the Program.