Section 645.40 Administrative Requirements
Grant opportunities and awards will be administered in a
manner that complies with all State requirements applicable to each funding
opportunity, including, but not limited to, GATA and all applicable State laws.
Applicants and grant recipients shall review all application materials and
grant award documents which will include the specific applicable requirements
for the grant opportunity. The Department reserves the right to suspend or
terminate a grant agreement or withhold any future year funding for non-compliance
with these provisions.
a) Application Process
1) The
Department will post one or more NOFO on the GATA
Grantee Portal seeking applications contingent upon available funds. Applicants shall submit their application materials by the
deadlines set forth by DCEO in the Notice of Funding Opportunities (NOFO) which
will be at least 30 days after posting the NOFO.
2) Applicants
are required to submit the following:
A) the name of the applicant;
B) whether
the applicant is a unit of local government, independently owned for-profit
grocery store, co-operative grocery store, or not-for-profit grocery store;
C) the operating name of
the grocery store;
D) the location of the grocery
store;
E) a
detailed explanation of how the grocery store proposes to use any award;
F) two
or more letters in support of the application from entities that represent the
relevant community, with at least one such letter coming from a local elected
official;
G) for an
applicant seeking a grant or other financial assistance for a new grocery store
in a food desert, as described in Section 645.30(b), the applicant should
submit a detailed financial plan that includes:
i) the
grocery store's projected costs, revenues, and profits;
ii) the
amount and sources of other investments in the planned grocery store;
iii) the
long-term assets, including but not limited to real property and equipment,
that the grocery store has already secured or still needs; and
iv) the
projected number of employees of the grocery store.
H) for an
applicant seeking a grant or other financial assistance to establish a new
store in a food desert for an independently owned for-profit grocery store,
co-operative grocery store, not-for-profit grocery store or municipality-owned
grocery store as described in Section 645.30(c), a detailed financial plan that
includes:
i) The grocery
store's projected costs, revenues, and profits;
ii) The
amount and sources of other investments in the planned grocery store;
iii) The
long-term assets, including but not limited to real property and equipment,
that the grocery store has already secured or still needs; and
iv) The
projected number of employees of the grocery store; and
I) for
an independently owned for-profit grocery store, co-operative grocery store,
municipally owned grocery store, or not-for-profit grocery store, a detailed
explanation of the ownership and operation structure, including the location of
all primary owners.
b) Grant
Award Selection
1) Grants
will be awarded by DCEO to grantees following a merit review by DCEO pursuant
to GATA requirements (44 Ill. Adm. Code 7000.350). In evaluating applications,
the Department will consider all requirements as set forth in this Part.
2) In reviewing
applications, the Department will prioritize applicants that:
A) are units of local
government;
B) are
seeking to establish, or have already established and are operating, grocery
stores with local ownership;
C) are
seeking to establish, or have already established and are operating, grocery
stores with less than $5 million in annual revenue;
3) In
addition, the Department may prioritize applicants by geography, where
applications involving areas of higher poverty, lower income, or greater geographic
distance from the nearest grocery store receive greater consideration.
4) Applicants
may appeal any denial pursuant to the process described in 44 Ill. Adm. Code
7000.350(g).
c) Grant Disbursements
Disbursement
of grant funds from the Department will be made in accordance with a schedule
included in the grant agreement. The Department will disburse funds based on
the outcomes outlined in the grant agreement.
d) Grant
Performance, Monitoring and Reporting Requirements
Grant
recipient shall comply with all GATA and Department requirements for grant
performance, administration, monitoring and reporting, including monitoring any
subrecipients.
e) Grant
Extensions
Contingent
upon the availability of funds and consistent with GATA as applicable, the
Department may negotiate grant extensions and add funds for grant projects that
were originally competitively awarded and performed successfully.
f) Records Retention
A grant recipient shall maintain,
for the period of time set forth in the GATA rules (44 Ill. Adm. Code 430(a)
and (b)), adequate books, all financial records and supporting documents,
statistical records, and all other records pertinent to the program. If any
litigation, claim, or audit is started before the expiration of the retention
period, the records must be retained until all litigation, claims or audit
exceptions involving the records have been resolved and final action taken.
Grant recipients shall be responsible for ensuring that contractors and
subrecipients comply with the retention requirements.
g) Project Labor Agreement
Pursuant to the Project Labor
Agreements Act [30 ILCS 571] and Executive Order 02-19, the Department will
evaluate each application to determine if a project labor agreement would
advance the State's interests of cost, efficiency, quality, safety, timeliness,
skilled labor force, labor stability, or the State's policy to advance
minority-owned and women-owned businesses and minority and female employment.
If a project labor agreement would advance those interests, then the Department
may require one as part of the agreement.
AUTHORITY: Implementing and authorized by the Grocery Initiative Act [20 ILCS 750] and Section 605-55 of the Department of Commerce and Economic Opportunity Law [20 ILCS 605].
SOURCE: Adopted at 48 Ill. Reg. 8084, effective May 16, 2024.