a) Definition of grant agreement
When fully executed, the grant agreement is the obligating
instrument providing the basis for the Departmental financial participation in
grant-in-aid programs, and which formalizes the contractual relationship
between the Department and the agency, indicating the amount of Department
funds which will be paid to the agency for the provision of services as
described in the grant agreement and the agency plan.
b) Contents of grant agreement
The grant agreement shall specify the general services to be
provided, the general terms and conditions of the agreement and may specify
additional terms and conditions for specific services provided by the
agency.
c) Preparation
responsibilities
The Department is responsible for preparing the grant
agreement, designating the appropriate addenda, and forwarding it to the
agency. The agency shall sign the grant agreement and return it to the
Department. The Department agent's signature shall be affixed thereby approving
the grant agreement. An approved and executed copy shall be returned to the
agency.
d) Provisions of
the grant agreement
Provisions, as referenced in the grant agreement when
applicable, and as described below become part of the grant agreement.
1) Non-discrimination
A) The agency agrees to comply with Title VI
of the Civil Rights Act of 1964 (
42 U.S.C.A. 2000d(1996)) and all
requirements imposed by or pursuant to the regulation of the U.S. Department of
Health and Human Services ( 45 CFR
80(1996)) issued pursuant to that Title, to
the end that, in accordance with Title VI of that Act and the regulation, no
person in the United States shall, on the grounds of sex, race, color, or
national origin be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the grantee receives federal or State financial assistance from the
grantor. Grantee hereby gives assurance that it will immediately take any
measures necessary to effectuate this grant agreement.
B) The agency agrees to comply with Title VII
of the Civil Rights Act of 1964 (
42 U.S.C.A. 2000e(1996)) and not
discriminate in the hiring or employment of staff on the basis of race, color,
national origin, age, disability or sex.
C) The agency agrees to comply with the
Americans With Disabilities Act of 1990 (
42 U.S.C.
12101 -
12213(1996)
and 47 U.S.C.
225 and
611 (1996)) and all requirements imposed by or pursuant
to the regulations of the U.S. Department of Health and Human Services issued
pursuant to that statute, to the end that no otherwise qualified individual
shall be discriminated against on the basis of handicap in the provision of
services.
2) Drug-free
workplace
The agency agrees to comply with the Drug-Free Workplace Act
[30 ILCS 580 ]. Agency employees are prohibited from the unlawful manufacture,
dispensing, possession or use of a controlled substance or alcohol in the
workplace while performing their duties.
3) Mandated follow-up monitoring services
A) The agency shall comply with Section 15 of
the Mental Health and Developmental Disabilities Administrative Act and the
Department's rules at 59 Ill. Adm. Code
125 (Recipient
Discharge/Linkage/Aftercare), which requires mandatory follow-up monitoring
services to individuals placed in licensed nursing homes, sheltered care homes
and homes for the aged in accordance with the Nursing Home Care Act [210 ILCS
45 ], and this Part.
B) The agency
shall comply with the provisions of 59 Ill. Adm. Code
101.80
(Conflict of interest) in relation to its activities with licensed long-term
care facilities. In essence, no employee of the agency shall serve as an
employee or consultant either paid or unpaid to any licensed facility in the
State of Illinois. Additionally, the agency itself shall not be in a financial
relationship with a licensed facility in such a way which results in, or
appears to result in, a conflict of interest with its monitoring functions
under the grant. This shall include, at the very least, a situation where the
agency is purchasing or receiving services from the same facility it monitors
under this grant. The Secretary may issue approvals for exceptions which have
been requested in writing to this subsection under circumstances including but
not necessarily limited to those where the only developmental disabilities or
mental health expertise available in a rural area is part of a current grant or
of a governmental agency.
C) The
Department shall monitor the agency's performance of the mandated follow-up
monitoring function and maintain final responsibility for the provision of this
service if the grant agreement is violated.
4) Adjustments addendum
This addendum is used for corrections, a redistribution, a
supplemental award or a reduction in award.
