Section 700.90  Certification Process for Allocations Based on Proportionate Population

a)         Eligible local governments, as defined in Section 700.40, will be notified by the Department or third party administrator regarding their maximum allotment based on proportionate population, as described in Section 700.80(a) and (b).  A local government does not need to register or be pre-qualified with the GATA Grantee Portal.

b)         Notification of Allotment

1)         The notification of allotment will contain a certification form for the local government to complete. The local government will be required to certify, among other things, that, as a recipient of financial support under the Local CURE Program, the local government will:

A)        use the funds in accordance with the requirements of the Local Cure Program;

B)        provide access to financial records in accordance with the prescribed audit (see Section 700.30(b)(3)) and record retention (see Section 700.110) requirements;

C)        only request reimbursement for expenses related to the COVID-19 public health emergency;

D)        repay to the Department any funds received but not used for the purposes of the Local CURE Program;

E)        not seek reimbursement for incurred expenses (see Section 700.50) that have been or will be reimbursed through another State or federal funding opportunity;

F)         comply with all applicable federal and State laws and rules;

G)        include Local CURE funding in the applicable financial statement and/or audit of the unit of local government;

H)        not seek reimbursement for costs paid to an entity on the federal or State debarred and suspended list; and

I)         state whether it intends to spend the full allotment.

2)         Units of local government may also be required to complete additional documents required by the Illinois Comptroller and State Treasurer to disburse funds.

c)         Completed certification materials must be signed by the local government's authorized representative and received by the Department, or the Department's authorized third party administrator.

d)         Funds will be paid on a reimbursement basis for eligible costs incurred by units of local government. After the local government submits its completed certification to the Department or the third party administrator, the local government may request funds up to the amount of the stated allotment provided in the notification.  To request funds, the local government must submit to the Department or third party administrator:

1)         a report certifying the costs, as required by 2 CFR 200.415, and providing the categories set forth in the U.S. Department of the Treasury Office of Inspector General reporting requirements for which reimbursement is sought and the amounts within each category.  Local governments shall organize their expenditures by month and expenditure type as follows: 

A)        Payroll for public health and public safety employees;

B)        Budgeted personnel and services diverted to a substantially different use;

C)        COVID testing and contact tracing;

D)        Expenses associated with the issuance of tax anticipation notes;

E)        Food programs;

F)         Nursing home assistance;

G)        Personal protective equipment;

H)        Improvement of telework capabilities of public employees;

I)         Medical expenses;

J)         Public health expenses;

K)        Facilitation of distance learning;

L)        Administrative expenses;

M)       Housing support;

N)        Unemployment Benefits;

O)        Workers' Compensation; and

P)         Expenditures organized by subcategories for eligible costs (see Section 700.60(a)(1)) not listed in this subsection (d)(1);

2)         information regarding whether the local government intends to use its full allotment of funds and whether the local government anticipates additional Local CURE Program eligible costs, incurred by December 30, 2020, that exceed the local government's allotment;

3)         support documents for the incurred expenses to demonstrate that the costs meet the eligible expense requirements;

4)         proof of payment of the expenses; and

5)         documentation regarding how expenses are necessary and related to COVID-19.

e)         The Department or third party administrator will review the documents submitted to ensure the costs are allowed by the Local CURE Program and within the assigned allocation. If the costs submitted are approved, the Department will then process the reimbursement request and disburse funds to the local government pursuant to the payment procedures of the Illinois State Comptroller and State Treasurer.

f)         A Certified Local Public Health Department may, at its option, voluntarily transfer all, or a portion of, its allotment to the county or counties in which it is located as long as the county or counties are eligible under Section 700.40. To transfer all, or a portion of, an allotment, a Certified Local Public Health Department must submit to the Department or its third party administrator all relevant documentation, including, but not limited to, a copy of an executed intergovernmental agreement between the local governments, that demonstrates agreement to the transfer of the allotment by the appropriate authorized personnel of both the Certified Local Public Health Department and the county or counties, as applicable.  If, after reviewing the documentation, the Department approves the allotment transfer, each county receiving an allotment transfer must complete and submit a supplemental certification that includes the additional allotment amount. The county or counties receiving the transfer of funds may then request the additional funds as set forth in this Section.

g)         A county may, at its option, voluntarily transfer all or a portion of its allotment to the Certified Local Public Health Departments serving that county as long as the Certified Local Public Health Departments are eligible under Section 700.40. To transfer all or a portion of an allotment, a county must submit to the Department or its third party administrator all relevant documentation, including, but not limited to, a copy of an executed intergovernmental agreement between the local governments, that demonstrates agreement to the transfer of the allotment by the appropriate authorized personnel of both the Certified Local Public Health Departments and the county.  If, after reviewing the documentation, the Department approves of the allotment transfer, each Certified Local Public Health Department receiving an allotment transfer must complete and submit a supplemental certification that includes the additional allotment amount. The Certified Local Public Health Departments receiving the transfer of funds may then request the additional funds as set forth in this Section.

h)         On or around November 1, 2020, the Department, or its third party administrator, will send a notice to each local government participating in the Local CURE Program indicating that the local government must report by December 1, 2020, in detail, how the remainder of the allotment, not to exceed the amount within the certification, will be utilized for necessary and eligible expenditures through December 30, 2020. The local government also must detail in its report any anticipated eligible expenses through December 30, 2020 in excess of the local government's initial allotment.  Finally, the local government will be asked to report on any anticipated administrative compliance expenses that it may incur after December 30, 2020 but prior to February 28, 2021.  The Department or its third party administrator will provide follow-up and technical support to the local government to communicate the steps of this report.

i)          January 31, 2022 is the deadline for local governments that receive allotments of funds as described in Section 700.80(a) and (b) to submit requests for reimbursement for costs incurred to the Department's third party administrator for review.

j)          All requests for reimbursement will be processed, and vouchers will be issued by the Department and/or the third party administrator, on or before March 31, 2022.

k)         The deadlines set forth in this Section 700.90 will be extended by the Department, in accordance with the IAPA, if:

1)         the CARES Act, or the U.S. Department of the Treasury guidance, or other applicable federal law authorizes a subsequent deadline;

2)         the extension is consistent with the applicable State laws; and

3)         any Local CURE Program funds remain unspent at the time of the deadline extension.

l)          Local governments are expected to engage with the Department and/or the third party administrator on an ongoing basis, with updates and reports on their future needs for the unspent balances of their allotment, as well as additional anticipated Local CURE Program eligible expenditures in excess of the allotment received.

(Source:  Amended at 45 Ill. Reg. 9417, effective July 9, 2021)