Section 555.120  Grant Agreement

a)         When an Application has been approved for funding, a grant award shall be made and the Grantee and the Department shall execute a Grant Agreement.  If the Project is initiated and costs are incurred before the Department approves the Application, the Department bears no responsibility for those costs in the event the Application is denied or the grant is funded at less than the amount requested.

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 or grant award;

4)         The condition and manner by which the Department shall pay/distribute the grant award, which is at all times subject to sufficient annual appropriations by the Illinois 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 its rights, duties or obligations without the Department's writtenacknowledgment;

7)         A promise by the Grantee not to amend the Grant 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 and thereafter approved by the Department;

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;

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; and

10)       A covenant that the Grantee agrees to acknowledge the Department's participation in the Project by displaying the Department's current logo and/or providing a statement that identifies the Project as being developed and/or funded in cooperation with the Illinois Office of Tourism.  Grantee's failure to properly use the Department's current logo (e.g., size, placement, etc.) or failure to include the acknowledgment/recognition statement will result in a 10% deduction of the Total Project Cost.  Failure to include the logo or acknowledgment/recognition statement will result in the entire Project being disallowed.

(Source:  Amended at 38 Ill. Reg. 3577, effective January 23, 2014)