State of Illinois Chief Procurement Office General Services 1 BOA under $50,000 V.23.2

ORDERING INFORMATION

Item Description

(manufacturer, model, serial number, feature, etc.) Qty One Time Charge Periodic Charge

Unit Extension Unit Extension 1 FY27 EMAP Continuous Accreditation

Process (CAP) – Includes $8000.00 standard training course, training coordinator travel expenses, $7,500.00 CAP Fee, and $900.00 Annual EMAP subscription.

1 $18,900.00 $18,900.00

2 FY28 – Includes $7,500.00 CAP Fee and $900.00 Annual EMAP subscription

1 $8,400.00 $8,400.00

3 FY29 – Includes $7,500.00 CAP Fee, $900.00 Annual EMAP subscription

1 $11,900.00 $11,900.00

BOA Total: Not to exceed $39,200.00

STATE OF ILLINOIS

BASIC ORDERING AGREEMENT (BOA) < $50,000

The terms and conditions of this BOA, including those terms and conditions set forth in the additional documents referenced below, and any continuation sheets, constitute the entire agreement between the parties with respect to the subject matter of this BOA. State documents will prevail in the event of a conflict between State and Vendor documents.

CONTACT INFORMATION

Vendor Name: Emergency Management Accreditation Program (EMAP) Address: 201 Park Washington Court, Falls Church, VA 22046 Contact: Nicole Ishmael Livingston Phone #: 859-351-2350 Email: nishmael@emap.org

State Agency Name: Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) Address: 2200 S Dirksen Pkwy, Springfield, IL 62703 Contact: Deborah Wygant Phone #: 217-299-5992 Email: Deborah.n.wygant@illinois.gov

Bill To:

ema.accountspayable@illinois.gov

Ship To:

IEMA-OHS

Attn: Deborah Wygant 2200 S. Dirksen Pkwy Springfield, IL 62703

CONTRACT INFORMATION

Contract #:

Action: New Acquisition Type: Purchase Payment Cycle: Upon Invoice Terms and Conditions: BOA Terms and Conditions

Term:

Begin Date:

DOE

End Date:

State of Illinois Chief Procurement Office General Services 2

V.23.2

ADDITIONAL INFORMATION / REFERENCES / ATTACHMENTS

SIGNATURES The undersigned parties agree to these terms and conditions.

Vendor State of Illinois

Signature: State Agency: Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS)

Printed Name: Signature agency representativ

Title: Printed Name: Theodore D. Berger by Ashley Garcia

Date: Title: Director by Agency Purchasing Officer

Date:

State of Illinois State of Illinois

Signature agency representative: Signature agency representative:

Printed Name: Printed Name:

Title: Title:

Date: Date:

STATE USE ONLY

Reference Number: EM27155739 Source Selection Method: Small Purchase Is Financing Needed? No Using Agency Funding Source:

Fiscal Year: 2027 Type: Federal

Approp. Account Code: 710-58840-1900-0099-0000 Detailed Expenditure Object Code: 1285 Award Code: C Original Procurement Method: Small Purchase Subcontractors Utilized? No Subcontractors Disclosed? No

Nicole Ishmael Livingston

Executive Director

August 7, 2026

8/10/2026

STATE O

F ILLINO

IS

STANDARD TERM

S AND CO

NDITIO

NS

State of Illinois Chief Procurem ent O ffice General Services

V.23.2

1.

PAYM

EN

T TERM

S AN

D CO

N

DITIO

NS:

1.1.

Late Paym ent: Paym ents, including late paym ent charges, w ill be paid in accordance w ith the State Prom pt Paym ent Act and rules w hen applicable. 30 ILCS 540; 74 III. Adm . Code 900. This shall be Vendor’s sole rem edy for late paym ents by the State. Paym ent term s contained on Vendor’s invoices shall have no force and effect.

1.2.

M inority Contractor Initiative: Any Vendor aw arded a contract under Section 20-10, 20-15, 20-25 or 20-

30 of the Illinois Procurem ent Code (30 ILCS 500) of $1,000 or m ore is required to pay a fee of $15. The Com ptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Com ptroller’s Adm inistrative Fund. 15 ILCS 405/23.9.

1.3.

Expenses: The State w ill not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.

1.4.

Prevailing W age: As a condition of receiving paym ent Vendor m ust (i) be in com pliance w ith the contract,

(ii) pay its em ployees prevailing w ages w hen required by law , (iii) pay its suppliers and subcontractors according to the term s of their respective contracts, and (iv) provide lien w aivers to the State upon request. Exam ples of prevailing w age categories include public w orks, printing, janitorial, w indow w ashing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing w ages are revised by the Departm ent of Labor and are available on the

Departm ent’s official w ebsite, w hich shall be deem ed proper notification of any rate changes under this subsection. Vendor is responsible for contacting the Illinois Departm ent of Labor to ensure understanding of prevailing w age requirem ents at 217-782-6206 or (https://labor.illinois.gov/).

1.5.

Federal Funding: This contract m ay be partially or totally funded w ith Federal funds. If federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used w ill be provided in the aw ard notice.

1.6.

Invoicing: By subm itting an invoice, Vendor certifies that the supplies or services provided m eet all requirem ents of the contract, and the am ount billed and expenses incurred are as allow ed in the contract.

Invoices for supplies purchased, services perform ed, and expenses incurred through June 30 of any year m ust be subm itted to the State no later than July 31 of that year; otherw ise Vendor m ay have to seek paym ent through the Illinois Court of Claim

s. 30 ILCS 105/25. All invoices are subject to statutory offset.

30 ILCS 210.

1.6.1.

Vendor shall not bill for any taxes unless accom panied by proof that the State is subject to the tax. If necessary, Vendor m ay request the applicable Agency/University state tax exem ption num ber and federal tax exem ption inform ation.

1.6.2.

Vendor shall invoice at the com pletion of the contract unless invoicing is tied in the contract to m ilestones, deliverables, or other invoicing requirem ents agreed to in the contract.

2.

ASSIGN

M ENT: This contract m ay not be assigned, transferred in w hole or in part by Vendor w ithout the prior ritten consent of the State.

IS

STAN

DARD TERM

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V.23.2

3.

SUBCO

N TRACTING: For purposes of this section, subcontractors are those w ith contracts w ith an annual value exceeding $100,000 and w ho are specifically hired to perform all or part of the w ork covered by the contract.

Vendor m ust receive prior w ritten approval before use of any subcontractors in the perform ance of this contract.

Vendor shall describe, in an attachm ent if not already provided, the nam es and addresses of all authorized subcontractors to be utilized by Vendor in the perform ance of this contract, together w ith a description of the w ork to be perform ed by the subcontractor and the anticipated am ount of m oney that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts w ithin fifteen (15) days after execution of this contract. All subcontracts m ust include the sam e certifications that Vendor m ust m ake as a condition of this contract. Vendor shall include in each subcontract the Standard Illinois Certification form available from the State. If at any tim e during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor m ust prom ptly notify, by w ritten am endm ent to the Contract, the State

Purchasing O fficer or the Chief Procurem ent O fficer of the nam es and addresses, the expected am ount of m oney that each new or replaced subcontractor w ill receive pursuant to the Contract , and the general type of w ork to be perform

ed. 30 ILCS 500/20-120.

4.

AUDIT/RETEN

TIO

N

O

F RECO

RDS: Vendor and its subcontractors shall m aintain books and records relating to the perform ance of the contract or subcontract and necessary to support am ounts charged to the State pursuant the contract or subcontract. Books and records, including inform ation stored in databases or other com puter system s, shall be m aintained by the Vendor for a period of three (3) years from the later of the date of final paym ent under the contract or com pletion of the contract, and by the subcontractor for a period of three (3) years from the later of final paym ent under the term or com pletion of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors m ust retain their respective records for five (5) years. Books and records required to be m aintained under this section shall be available for review or audit by representatives of: the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurem ent Officer, State of Illinois internal auditors or other governm ental entities w ith m onitoring authority, upon reasonable notice and during norm al business hours. Vendor and its subcontractors shall cooperate fully w ith any such audit and w ith any investigation conducted by any of these entities. Failure to m aintain books and records required by this section shall establish a presum ption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for w hich adequate books and records are not available to support the purported disbursem ent. The Vendor or subcontractors shall not im pose a charge for audit or exam ination of the Vendor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

5.

TIM

E IS O

F THE ESSENCE: Tim e is of the essence w ith respect to Vendor’s perform ance of this contract. Vendor shall continue to perform its obligations w hile any dispute concerning the contract is being resolved unless otherw ise directed by the State.

6.

N

O W

AIVER O

F RIGHTS: Except as specifically w aived in w riting, failure by a Party to exercise or enforce a right does not w aive that Party’s right to exercise or enforce that or other rights in the future.

7.

FO

RCE M

AJEURE: Failure by either Party to perform its duties and obligations w ill be excused by unforeseeable circum stances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism , riots, labor disputes, fire, flood, explosion, and governm ental prohibition. The non-declaring Party m ay cancel the contract w ithout penalty if perform ance does not resum e w ithin thirty (30) days of the declaration.

8.

CO

N

FIDEN

TIAL IN

FO

RM

ATIO

N : Each Party, including its agents and subcontractors, to this contract m ay have or gain access to confidential data or inform ation ow ned or m aintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presum e all inform ation received from the State or to

IS

STAN

DARD TERM

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V.23.2 w hich it gains access pursuant to this contract is confidential. Vendor inform ation, unless clearly m arked as confidential and exem pt from disclosure under the Illinois Freedom of Inform ation Act, shall be considered public.

No confidential data collected, m aintained, or used in the course of perform ance of the contract shall be dissem inated except as authorized by law and w ith the w ritten consent of the disclosing Party, either during the period of the contract or thereafter. The receiving Party m ust return any and all data collected, m aintained, created or used in the course of the perform ance of the contract, in w hatever form it is m aintained, prom ptly at the end of the contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in w riting of its destruction. The foregoing obligations shall not apply to confidential data or inform ation law fully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third

Party not subject to any confidentiality obligation to the disclosing Party; now is or later becom es publicly know n through no breach of confidentiality obligation by the receiving Party; or is independently developed by the receiving Party w ithout the use or benefit of the disclosing Party’s confidential inform ation.

9.

USE AND O

W N

ERSHIP: All w ork perform ed or supplies created by Vendor under this contract, w hether w ritten docum ents or data, goods or deliverables of any kind, shall be deem ed w ork for hire under copyright law and all intellectual property and other law s, and the State of Illinois is granted sole and exclusive ow nership to all such w ork, unless otherw ise agreed in w riting. Vendor hereby assigns to the State all right, title, and interest in and to such w ork including any related intellectual property rights, and/or w aives any and all claim s that Vendor m ay have to such w ork including any so-called "m oral rights" in connection w ith the w ork. Vendor acknow ledges the

State m ay use the w ork product for any purpose. Confidential data or inform ation contained in such w ork shall be subject to confidentiality provisions of this contract.

10.

IN

DEM

NIFICATIO

N AND LIABILITY: The Vendor shall indem nify and hold harm less the State of Illinois, its agencies, officers, em ployees, agents and volunteers from any and all costs, dem ands, expenses, losses, claim s, dam ages, liabilities, settlem ents and judgm ents, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, w arranties, covenants or agreem ents; (b) any actual or alleged death or injury to any person, dam age to any real or personal property, or any other dam age or loss claim ed to result in w hole or in part from

Vendor’s negligent perform ance;

(c) any act, activity or om ission of Vendor or any of its em ployees, representatives, subcontractors or agents; or

(d) any actual or alleged claim that the services or goods provided under this contract infringe, m isappropriate, or otherw ise violate any intellectual property (patent, copyright, trade secret, or tradem ark) rights of a third party.

In accordance w ith Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General O pinion 78, the State m ay not indem nify private parties absent express statutory authority perm itting the indem nification. Neither Party shall be liable for incidental, special, consequential, or punitive dam ages.

11.

INSURANCE: Vendor shall, at all tim es during the term and any renew als m aintain and provide a Certificate of

Insurance nam ing the State as additionally insured for all required bonds and insurance. Certificates m ay not be m odified or canceled until at least thirty (30) days’ notice has been provided to the State. Vendor shall provide:

(a) General Com m ercial Liability occurrence form in am ount of $1,000,000 per occurrence (Com bined Single Lim it

Bodily Injury and Property Dam age) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and

Non-ow ned Auto, (Com bined Single Lim it Bodily Injury and Property Dam age) in am ount of $1,000,000 per occurrence; and (c) W orker’s Com pensation Insurance in am ount required by law

. Insurance shall not lim it

Vendor’s obligation to indem nify, defend, or settle any claim s.

12.

IN

DEPEN

DEN

T CO

NTRACTO

R: Vendor shall act as an independent contractor and not an agent or em ployee of, or joint venture w ith the State. All paym ents by the State shall be m ade on that basis.

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V.23.2

13.

SO

LICITATIO

N AN

D EM

PLO

YM

ENT: Vendor shall not em ploy any person em ployed by the State during the term of this contract to perform any w ork under this contract. Vendor shall give notice im m ediately to the Agency’s director if Vendor solicits or intends to solicit State em ployees to perform any w ork under this contract.

14.

CO

M

PLIANCE W

ITH THE LAW

: The Vendor, its em ployees, agents, and subcontractors shall com ply w ith all applicable federal, state, and local law s, rules, ordinances, regulations, orders, federal circulars and all license and perm it requirem ents in the perform ance of this contract. Vendor shall be in com pliance w ith applicable tax requirem ents and shall be current in paym ent of such taxes. Vendor shall obtain at its ow n expense, all licenses and perm issions necessary for the perform ance of this contract.

15.

BACKGRO

UN

D CHECK: W

henever the State deem s it reasonably necessary for security reasons, the State m ay conduct, at its expense, crim inal and driver history background checks of Vendor’s and subcontractor’s officers, em ployees or agents. Vendor or subcontractor shall reassign im m ediately any such individual w ho, in the opinion of the State, does not pass the background check.

16.

APPLICABLE LAW

16.1.

PREVAILING LAW

: This contract shall be construed in accordance w ith and is subject to the law s and rules of the State of Illinois.

16.2.

EQ

UAL O

PPO

RTUNITY: The Departm ent of Hum an Rights’ Equal O pportunity requirem ents are incorporated by reference. 44 ILL. A

DM

. CO

DE 750.

16.3.

CO

URT O

F CLAIM

S; ARBITRATIO

N

; SO

VEREIGN IM

M

UN

ITY: Any claim against the State arising out of this contract m ust be filed exclusively w ith the Illinois Court of Claim

s. 705 ILCS 505/1. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not w aive sovereign im m unity by entering into this contract.

16.4.

O

FFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be view ed at (w w w .ilga.gov/legislation/ilcs/ilcs.asp).

17.

ANTI-TRUST ASSIGN

M ENT: If Vendor does not pursue any claim or cause of action it has arising under federal or state antitrust law s relating to the subject m atter of the contract, then upon request of the Illinois Attorney

General, Vendor shall assign to the State rights, title and interest in and to the claim or cause of action.

18.

CO

NTRACTUAL AUTHO

RITY: The Agency that signs for the State of Illinois shall be the only State entity responsible for perform ance and paym ent under the contract. W hen the Chief Procurem ent O fficer or authorized designee signs in addition to an Agency, they do so as approving officer and shall have no liability to Vendor. W hen the Chief Procurem ent O fficer or authorized designee, or State Purchasing O fficer signs a m aster contract on behalf of State agencies, only the Agency that places an order w ith the Vendor shall have any liability to Vendor for that order.

19.

EXPATRIATED EN

TITIES: Except in lim ited circum stances, no business or m em ber of a unitary business group, as defined in the Illinois Incom e Tax Act, shall subm it a bid for or enter into a contract w ith a State agency if that business or any m em ber of the unitary business group is an expatriated entity.

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V.23.2

20.

N

O TICES: Notices and other com m unications provided for herein shall be given in w riting via electronic m ail w henever possible. If transm ission via electronic m ail is not possible, then notices and other com m unications shall be given in w riting via registered or certified m ail w ith return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other sim ilar and reliable carrier), or via facsim ile show ing the date and tim e of successful receipt. Notices shall be sent to the individuals w ho signed this contract using the contact inform ation follow ing the signatures. Each such notice shall be deem ed to have been provided at the tim e it is actually received. By giving notice, either Party m ay change its contact inform ation.

21.

M

O

DIFICATIO

NS AN

D SURVIVAL: Am endm ents, m odifications and w aivers m ust be in w riting and signed by authorized representatives of the Parties. Any provision of this contract officially declared void, unenforceable, or against public policy, shall be ignored and the rem aining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature w ould be expected to survive, shall survive term ination. In the event of a conflict betw een the State’s and the Vendor’s term s, conditions and attachm ents, the State’s term s, conditions and attachm ents shall prevail.

22.

PERFO

RM

ANCE RECO

RD / SUSPEN

SIO

N : Upon request of the State, Vendor shall m eet to discuss perform ance or provide contract perform ance updates to help ensure proper perform ance of the contract. The State m ay consider Vendor’s perform ance under this contract and com pliance w ith law and rule to determ ine w hether to continue the contract, suspend Vendor from doing future business w ith the State for a specified period of tim e, or w hether Vendor can be considered responsible on specific future contract opportunities.

23.

FREEDO

M O

F IN

FO

RM

ATIO

N ACT: This contract and all related public records m aintained by, provided to or required to be provided to the State are subject to the Illinois Freedom of Inform ation Act (FO

IA) (50 ILCS 140)

notw ithstanding any provision to the contrary that m ay be found in this contract.

24.

SCHEDULE O

F W O

RK: Any w ork perform ed on State prem ises shall be done during the hours designated by the

State and perform ed in a m anner that does not interfere w ith the State and its personnel.

25.

W

ARRANTIES FO

R SUPPLIES AN

D SERVICES:

25.1.

Vendor w arrants that the supplies furnished under this contract w ill: (a) conform to the standards, specifications, draw ing, sam ples or descriptions furnished by the State or furnished by the Vendor and agreed to by the State, including but not lim ited to all specifications attached as exhibits hereto; (b) be m erchantable, of good quality and w orkm anship, and free from defects for a period of tw elve m onths or longer if so specified in w riting, and fit and sufficient for the intended use; (c) com ply w ith all federal and state law s, regulations and ordinances pertaining to the m anufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encum brances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reim burse the State for any losses, costs, dam ages or expenses, including w ithout lim itations, reasonable attorney’s fees and expenses, arising from failure of the supplies to m eet such w arranties.

25.2.

Vendor shall insure that all m anufacturers’ w arranties are transferred to the State and shall provide a copy of the w arranty. These w arranties shall be in addition to all other w arranties, express, im plied or statutory, and shall survive the State’s paym ent, acceptance, inspection or failure to inspect the supplies.

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25.3.

Vendor w arrants that all services w ill be perform ed to m eet the requirem ents of the contract in an efficient and effective m anner by trained and com petent personnel. Vendor shall m onitor perform ances of each individual and shall reassign im m ediately any individual w ho is not perform ing in accordance w ith the contract, w ho is disruptive or not respectful of others in the w orkplace, or w ho in any w ay violates the contract or State policies.

26.

REPO

RTING, STATUS AN

D M

O N

ITO

RING SPECIFICATIO

N S: Vendor shall im m ediately notify the State of any event that m ay have a m aterial im pact on Vendor’s ability to perform the contract.

27.

EM

PLO

YM

EN

T TAX CREDIT: Vendors w ho hire qualified veterans and certain ex-offenders m ay be eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Departm ent of Revenue (telephone #: 217-524-4772) for inform ation about tax credits.

28.

TERM

INATIO

N

FO

R CAUSE: The State m ay term inate this contract, in w hole or in part, im m ediately upon notice to the Vendor if: (a) the State determ ines that the actions or inactions of the Vendor, its agents, em ployees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unw illing to perform the contract.

28.1.

If Vendor fails to perform to the State’s satisfaction any m aterial requirem ent of this contract, is in violation of a m aterial provision of this contract, or the State determ ines that the Vendor lacks the financial resources to perform the contract, the State shall provide w ritten notice to the Vendor to cure the problem identified w ithin the period of tim e specified in the State’s w ritten notice. If not cured by that date the State m ay either: (a) im m ediately term inate the contract w ithout additional w ritten notice or (b) enforce the term s and conditions of the contract.

28.2.

For term ination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable rem edies and dam ages.

29.

TERM

INATIO

N

FO

R CO

N

VEN

IENCE: The State m ay, for its convenience and w ith thirty (30) days prior w ritten notice to Vendor, term inate this contract in w hole or in part and w ithout paym ent of any penalty or incurring any further obligation to the Vendor.

29.1.

The Vendor shall be entitled to com pensation upon subm ission of invoices and proof of claim for supplies and services provided in com pliance w ith this contract up to and including the date of term ination.

30.

AVAILABILITY O

F APPRO

PRIATIO

N : This contract is contingent upon and subject to the availability of funds. The

State, at its sole option, m ay term inate or suspend this contract, in w hole or in part, w ithout penalty or further paym ent being required, if (1) the Illinois General Assem bly or the federal funding source fails to m ake an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20- 60), (2) the Governor decreases the Departm ent’s funding by reserving som e or all of the Departm ent’s appropriation(s) pursuant to pow er delegated to the Governor by the Illinois General Assem bly, or (3) the

Departm ent determ ines, in its sole discretion or as directed by the O ffice of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor w ill be notified in riting of the failure of appropriation or of a reduction or decrease.

Federal requirem ents contracts or grants (M ay 2023) If aw ard is greater than $100,000, signature required on the last page

A D

D

ITIO

N A

L PR

O

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N S A

PPLIC

A

BLE TO

FED

ER

A

L EM

ER

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EN

C Y M

A N

A G

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T A

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C

Y-FU

N D

ED

A

G R

EEM

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TS

V endor acknow ledges that the source of som e of the fees it w ill receive for perform ing the Services m ay be financial assistance or grant funds the State w ill obtain from the Federal Em ergency M anagem ent A gency

(“FEM

A

”). A s such, the follow ing acknow ledgm ents and provisions are hereby m ade part of this A greem ent, and the V endor agrees to com ply, and require its subcontractors to com ply, w ith the follow ing provisions as w ell as all applicable Federal law

, regulations, executive orders, FEM A policies, procedures, and directives.

A . G eneral C ivil R ights Provision

The V endor agrees that it w ill com ply w ith pertinent statutes, Executive O rders, and such rules as are prom ulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted w ith or benefiting from Federal assistance.

This provision binds the V endors from the bid solicitation period through the com pletion of the contract.

B. Equal Em ploym ent O pportunity

D uring the perform ance of this contract, the V endor agrees as follow s: (1) The V endor w ill not discrim inate against any em ployee or applicant for em ploym ent because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The V endor w ill take affirm ative action to ensure that applicants are em ployed and that em ployees are treated during em ploym ent, w ithout regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be lim ited to the follow ing: Em ploym ent, upgrading, dem otion, or transfer, recruitm ent or recruitm ent advertising; layoff or term ination; rates of pay or other form s of com pensation; and selection for training, including apprenticeship. The V endor agrees to post in conspicuous places, available to em ployees and applicants for em ploym ent, notices to be provided by the contracting officer setting forth the provisions of this nondiscrim ination clause.

(2) The V endor w ill, in all solicitations or advertisem ents for em ployees placed by or on behalf of the V endor, state that all qualified applicants w ill receive consideration for em ploym ent w ithout regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The V endor w ill not discharge or in any other m anner discrim inate against any em ployee or applicant for em ploym ent because such em ployee or applicant has inquired about, discussed, or disclosed the com pensation of the em ployee or applicant or another em ployee or applicant. This provision shall not apply to instances in w hich an em ployee w ho has access to the com pensation inform ation of other em ployees or applicants as a part of such em ployee’s essential job functions discloses the com pensation of such other em ployees or applicants to individuals w ho do not otherw ise have access to such inform ation, unless such disclosure is in response to a form al com plaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the em ployer, or is consistent w ith the V endor’s legal duty to furnish inform ation.

(4) The V endor w ill send to each labor union or representative of w orkers w ith w hich it has a collective bargaining agreem ent or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or w orkers’ representative of the V endor’s com m itm ents under section 202 of

Executive O rder 11246 of Septem ber 24, 1965, and shall post copies of the notice in conspicuous places available to em ployees and applicants for em ploym ent.

ay 2023)

(5) The V endor w ill com ply w ith all provisions of Executive O rder 11246 of Septem ber 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The V endor w ill furnish all inform ation and reports required by Executive O rder 11246 of Septem ber 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and w ill perm it access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain com pliance w ith such rules, regulations, and orders.

(7) In the event of the V endor’s noncom pliance w ith the nondiscrim ination clauses of this contract or w ith any of such rules, regulations, or orders, this contract m ay be canceled, term inated or suspended in w hole or in part and the V endor m ay be declared ineligible for further G overnm ent contracts in accordance w ith procedures authorized in Executive O rder 11246 of Septem ber 24, 1965, and such other sanctions m ay be im posed and rem edies invoked as provided in Executive O rder 11246 of Septem ber 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherw ise provided by law

(8) The V endor w ill include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exem pted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive O rder 11246 of Septem ber 24, 1965, so that such provisions w ill be binding upon each subcontractor or vendor. The V endor w ill take such action w ith respect to any subcontract or purchase order as m ay be directed by the Secretary of Labor as a m eans of enforcing such provisions including sanctions for noncom pliance: Provided, how ever, that in the event the

V endor becom es involved in, or is threatened w ith, litigation w ith a subcontractor or vendor as a result of such direction, the V endor m ay request the U nited States to enter into such litigation to protect the interests of the U nited States.

C . C ontract W orkhours and Safety Standards A ct R equirem ents

This provision applies to professional service agreem ents that exceed $100,000 and em ploy laborers, m echanics, w atchm en, and guards. This includes but is not lim ited to m em bers of survey crew s and exploratory drilling operations. These requirem ents do not apply to the purchase of supplies or m aterials or articles ordinarily available on the open m arket or contracts for transportation or transm ission of intelligence.

(1) O vertim e Requirem ents.

N o V endor or subcontractor contracting for any part of the contract w ork w hich m ay require or involve the em ploym ent of laborers or m echanics shall require or perm it any such laborer or m echanic, including w atchm en and guards, in any w orkw eek in w hich he or she is em ployed on such w ork to w ork in excess of forty hours in such w orkw eek unless such laborer or m echanic receives com pensation at a rate not less than one and one-half tim es the basic rate of pay for all hours w orked in excess of forty hours in such w orkw eek.

(2) V iolation; Liability for U npaid W ages; Liquidated D am ages. In the event of any violation of the clause set forth in paragraph 1 above, the V endor and any subcontractor responsible therefor shall be liable for the unpaid w ages. In addition, such V endor and subcontractor shall be liable to the U nited States (in the case of w ork done under contract for the D istrict of C olum bia or a territory, to such D istrict or to such territory), for liquidated dam ages. Such liquidated dam ages shall be com puted w ith respect to each individual laborer or m echanic, including w atchm en and guards, em ployed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on w hich such individual w as required or perm itted to w ork in excess ay 2023) of the standard w orkw eek of forty hours w ithout paym ent of the overtim e w ages required by the clause set forth in paragraph 1 above.

(3) W ithholding for U npaid W ages and Liquidated D am ages.

FEM

A and/or the State shall upon its ow n action or upon w ritten request of an authorized representative of the D epartm ent of Labor w ithhold or cause to be w ithheld, from any m onies payable on account of w ork perform ed by the V endor or subcontractor under any such contract or any other Federal contract w ith the sam e prim e V endor, or any other Federally-assisted contract subject to the C ontract W ork H ours and Safety Standards A ct, w hich is held by the sam e prim e V endor, such sum s as m ay be determ ined to be necessary to satisfy any liabilities of such V endor or subcontractor for unpaid w ages and liquidated dam ages as provided in the clause set forth in paragraph 2 above.

(4) Subcontractors.

The V endor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 (above and this paragraph) and also a clause requiring the subcontractor to include these clauses in any low er tier subcontracts. The prim e V endor shall be responsible for com pliance by any subcontractor or low er tier subcontractor w ith the clauses set forth in paragraphs 1 through 4 above.

D . C lean A ir and W ater Pollution C ontrol

Because of 24 C FR 85.36(i)(12) and federal law

, including 42 U .S.C

. 7401-7671q and 33 U .S.C

. 1251-1387, the V endor shall com ply w ith applicable standards, orders, or requirem ents issued under section 306 of the

C lean A ir A ct (42 U

.S.C . § 1857h-4 transferred to 42 U

SC

§ 7607, section 508 of the C lean W ater A ct (33 U .S.C

1368), Executive O rder 11738, and Environm ental Protection A gency regulations (40 C FR part 15), as am ended, on all contracts, subcontracts, and subgrants of am ounts in excess of $100,000.

V endors and subcontractors agree:

a. That any facility to be used in the perform ance of the contract or subcontract or to benefit from the contract is not listed on the Environm ental Protection A gency (EPA

) List of V iolating Facilities;

b. To com ply w ith all the requirem ents of Section 114 of the C lean A ir A ct, as am ended, 42 U

.S.C . 1857 et seq. and Section 308 of the Federal W ater Pollution C ontrol A ct, as am ended, 33 U .S.C

. 1251 et seq. relating to inspection, m onitoring, entry, reports, and inform ation, as w ell as all other requirem ents specified in Section

114 and Section 308 of the A cts, respectively, and all other regulations and guidelines issued thereunder;

c. That, as a condition for the aw ard of this contract, the V endor or subcontractor w ill notify the aw arding official of the receipt of any com m unication from the EPA indicating that a facility to be used for the perform ance of or benefit from the contract is under consideration to be listed on the EPA List of V iolating Facilities;

d. To include or cause to be included in any construction contract or subcontract w hich exceeds $

100,000 the aforem entioned criteria and requirem ents.

E. C ertification R egarding D ebarm ent, Suspension, Ineligibility and V oluntary Exclusion

The bidder/offeror certifies, by subm ission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarm ent, declared ineligible, or voluntarily ay 2023) excluded from participation in this transaction by any Federal departm ent or agency. It further agrees by subm itting this proposal that it w ill include this clause w ithout m odification in all low er tier transactions, solicitations, proposals, contracts, and subcontracts. W here the bidder/offeror/V endor or any low er tier participant is unable to certify to this statem ent, it shall attach an explanation to this solicitation/proposal.

F. Preference for R ecycled Products

To the extent practicable and econom ically feasible and to the extent that it does not reduce or im pair the quality of the w ork, the V endor agrees to use recycled products in the Project pursuant to U

.S.

Environm ental Protection A gency (U

.S. EPA

) guidelines at 40 C

.F.R. Parts 247-253, w hich im plem ent section

6002 of the Resource C onservation and Recovery A ct, as am ended, 42 U

.S.C . § 6962.

G . A ccess to R ecords and R eports

The V endor shall m aintain an acceptable cost accounting system . The V endor agrees to provide the State, the Federal Em ergency M anagem ent A gency and the C om ptroller G eneral of the U nited States or any of their duly authorized representatives access to any books, docum ents, papers, and records of the V endor w hich are directly pertinent to the specific contract for the purpose of m aking audit, exam ination, excerpts and transcriptions. The V endor agrees to m aintain all books, records and reports required under this contract for a period that is the longer of five years or as required by relevant retention schedules after final paym ent is m ade and all pending m atters are closed.

H . D

H S Seals, Logo, and Flags

The V endor shall not use the U nited States D epartm ent of H om eland Security (“D H

S”) seal(s), logos, crests, or reproductions of flags or likenesses of D

H S agency officials w ithout specific FEM A pre-approval.

I. N o O bligation by Federal G overnm ent

The Federal G overnm ent is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, V endor, or any other party pertaining to any m atter resulting from the contract.

J. Program Fraud and False or Fraudulent Statem ents or R elated A cts

The V endor acknow ledges that 31 U .S.C

. C hap. 38 (A dm inistrative Rem edies for False C laim s and Statem ents) applies to the V endor’s actions pertaining to this contract.”

K . A ffirm ative Socioeconom ic Steps

If subcontractors are to be let, the prim e contractor is required to take all necessary steps identified in 2

C .F.R. §200.321 (b)(1)-(5) to ensure that sm all and m inority businesses, w om en’s business enterprises, and labor surplus area firm s are used w hen possible.

L. D om estic Preference for Procurem ents

A s appropriate, and to the extent consistent w ith law including the Procurem ent of D om estic Products A ct and the provision of the Infrastructure Investm ent and Jobs A ct (Build A m erica, Buy A m erica), the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or m aterials produced in the U nited States. This includes, but is not lim ited to iron, alum inum

, steel, cem ent, and other m anufactured products.

ay 2023)

For purposes of this clause:

Produced in the U nited States m eans, for iron and steel products, that all m anufacturing processes, from the initial m elting stage through the application of coatings, occurred in the U nited States.

M anufactured products m ean item s and construction m aterials com posed in w hole or in part of non-ferrous m etals such as alum inum

; plastics and polym er-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lum ber.

Required U se of A m erican Iron, Steel, M anufactured Products, and C onstruction M aterials Recipients m ust com ply w ith the “Build A m erica, Buy A m erica” provisions of the Infrastructure Investm ent and Jobs A ct and E.O

. 14005. Recipients of an aw ard of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this aw ard m ay be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the U nited States--this m eans all m anufacturing processes, from the initial m elting stage through the application of coatings, occurred in the

U nited States; (2) all m anufactured products used in the project are produced in the U nited States— this m eans the m anufactured product w as m anufactured in the U nited States; and the cost of the com ponents of the m anufactured product that are m ined, produced, or m anufactured in the U nited States is greater than 55 percent of the total cost of all com ponents of the m anufactured product, unless another standard for determ ining the m inim um am ount of dom estic content of the m anufactured product has been established under applicable law or regulation; and (3) all construction m aterials are m anufactured in the U nited States— this m eans that all m anufacturing processes for the construction m aterial occurred in the U nited States. The

Buy A m erica preference only applies to articles, m aterials, and supplies that are consum ed in, incorporated into, or affixed to an infrastructure project. A s such, it does not apply to tools, equipm ent, and supplies, such as tem porary scaffolding, brought to the construction site and rem oved at or before the com pletion of the infrastructure project. N or does a Buy A m erica preference apply to equipm ent and furnishings, such as m ovable chairs, desks, and portable com puter equipm ent, that are used at or w ithin the finished infrastructure project but are not an integral part of the structure or perm anently affixed to the infrastructure project

M . Energy C onservation R equirem ents

The V endor agrees to com ply w ith m andatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in com pliance w ith the Energy Policy and

C onservation A ct (Public Law 94-163).

N . The D rug-Free W orkplace A ct of 1988, Pub. L. N

o. 200-690

V endor is obligated to keep its w orkplace free of illegal drugs and m ust take steps such as the follow ing to ensure com pliance w ith The D rug-Free W orkplace A ct:

(1) publish a statem ent and notify em ployees in w riting that illegal drugs are prohibited in the w orkplace; (2) publish and notify em ployees of the action the V endor w ill take against violators of the drug prohibition policy; (3) establish a drug-free aw areness program for em ployees; (4) notify em ployees that com pliance w ith the drug prohibition is a condition of em ploym ent and that em ployees m ust notify the V endor of any violation of Federal or state drug abuse statutes occurring in the w orkplace w ithin 5 days of conviction; (5) notify the State w ithin 10 days of receipt of an em ployee conviction notice; (6) take appropriate personnel action w ithin 30 days of receipt of an em ployee conviction notice; (7) require that the convicted ay 2023) em ployee participates in an approved drug abuse assistance or rehabilitation program

; and (8) m ake a good faith effort to m aintain a drug-free w orkplace during the term of this A greem ent.

O . Federal Fair Labor Standards A ct (Federal M inim um W age); O ccupational Safety and H ealth A ct of 1970 (O

SH

A

This C ontract, and any subcontracts, incorporate by reference the requirem ents of 29 C FR Part 1910 w ith the sam e force and effect as if given in full text. V endor m ust provide a w ork environm ent that is free from recognized hazards that m ay cause death or serious physical harm to the em ployee.

The V endor retains full responsibility to m onitor its com pliance and its subcontractor’s com pliance w ith the applicable requirem ents of the O ccupational Safety and H ealth A ct of 1970 (20 C FR Part 1910).

V endor m ust address any claim s or disputes that pertain to a referenced requirem ent directly w ith the U

.S.

D epartm ent of Labor –O ccupational Safety and H ealth A dm inistration.

P. Prohibition of Segregated Facilities

(a) The V endor agrees that it does not and w ill not m aintain or provide for its em ployees any segregated facilities at any of its establishm ents and that it does not and w ill not perm it its em ployees to perform their services at any location under its control w here segregated facilities are m aintained. The V endor agrees that a breach of this clause is a violation of the Equal O pportunity clause in this contract.

(b) “Segregated facilities,” as used in this clause, m eans any w aiting room s, w ork areas, restroom s and w ashroom s, restaurants and other eating areas, tim e clocks, locker room s and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainm ent areas, transportation, and housing facilities provided for em ployees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of w ritten or oral policies or em ployee custom

. The term does not include separate or single-user restroom s or necessary dressing or sleeping areas provided to assure privacy betw een the sexes.

(c) The V endor shall include this clause in every subcontract and purchase order that is subject to the

Equal O pportunity clause of this contract.

Q . C onflict of Interest

N o m em ber of the governing body of the State or other units of governm ent and no other officer, em ployee, or agent of the State or other unit of governm ent w ho exercises any functions or responsibilities in connection w ith the W ork or Services to w hich this C ontract pertains, w ill have any personal interest, direct, or indirect, in this C ontract. N o m em ber of or delegate to the C ongress of the U nited States (pursuant to 41 U

.S.C

Section 22) or the Illinois G eneral A ssem bly and no alderm an of the State or State em ployee w ill be perm itted to any share or part of this C ontract or to any financial benefit to arise from

it. The V endor covenants that it, its officers, directors, and em ployees, and the officers, directors, and em ployees of each of its m em bers if a joint venture, and subcontractors, presently have no interest and w ill acquire no interest, direct or indirect, in the Project, w hich w ould conflict in any m anner or degree w ith the perform ance of the W ork hereunder. The

V endor further covenants that in the perform ance of this C ontract, no person having any such interest w ill be em ployed. The V endor agrees that if the State, by the C om m issioner in his or her reasonable judgm ent, determ ines that any of V endor's w ork for others conflicts w ith the W ork, the V endor w ill term inate such other services im m ediately upon the request of the State.

ay 2023)

R . C om pliance w ith Law and R egulations

The V endor shall com ply, and shall require any subcontractors to com ply, w ith all the provisions of

FEM

A regulations, and all federal, state, and local law s, ordinances, and executive orders, including, but not lim ited to, 44 C .F.R. Part 13; D

H S Standard Term s and C onditions; FEM

A policies, procedures, and directives;

Title V I of the C ivil Rights A ct of 1964, as am ended (42 U .S.C

. § 2000d et seq.); Fair H ousing A ct (42 U .S.C

3601 et seq.); Executive O rder 11063, as am ended by Executive O rder 12259; A ge D iscrim ination A ct of 1975 (42 U

.S.C . §§ 6101-07); C ontract W ork H ours and Safety Standards

A ct (40 U

.S.C . §§ 327-33 as supplem ented by 29 C .F.R. Part 5, and the regulations at 29 C

.F.R. Part 1926); N ational Environm ental Policy A ct of 1969 (24 C .F.R. Part 58); all applicable standards, orders, or requirem ents issued under section 306 of the C lean A ir A ct (42 U .S.C

. 1857(h)), section 508 of the C lean W ater A ct (33 U .S.C

. 1368), Executive O rder 11738, and Environm ental Protection A gency regulations (40 C

.F.R. Part 15); C lean A ir A ct (42 U .S.C

. § 7401 et seq.); Federal W ater Pollution C ontrol A ct, as am ended (33 U .S.C

. § 1251 et seq.); Flood D isaster Protection A ct of 1973 (42 U

.S.C . §§ 4106-07); U…