IT Terms and Conditions v.26.1 w DHS Provisions.pdf

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Issuance of an Acceptance Notice shall not affect any rights related to any product or service provided under this Contract that would attach beyond the State's acceptance of such product or service.

PROCEDURE FOLLOWING REJECTION. Upon receipt of a Rejection Notice, the Vendor shall within twenty (20) days undertake, at no additional cost to the State, all reasonable efforts to complete all necessary corrections, repairs, and modifications as will permit the Deliverable to be ready for retesting and review, following which the testing and evaluation process shall restart as set forth above. If the State determines that the Deliverable as revised still does not comply in all material respects with the applicable specifications or Documentation, the State may either: (1) afford Vendor the opportunity to continue the correction and modification process as set forth above at no additional cost to the State; or (2) depending on the nature and extent of the failure, in the State's sole judgment, terminate this Contract in whole or in part. The foregoing correction and modification process may be repeated until the Deliverable is accepted or the State elects to terminate the Contract as provided above. In the event of a termination under this section, Vendor shall refund to the State, within ten (10) business days of notice of termination, all sums paid to Vendor by the State under this agreement for the Deliverable, including any related prepaid amounts.

Appendix Sl Minimum Logging Requirements

State Cloud Appendix-Attached Below

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Agency Specific Terms and Conditions

See additional Illinois Dept. of Human Services Provisions below

Other (describe)

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3.2 VENDOR SUPPLEMENTAL PROVISIONS

[*LIST ANY VENDOR DOCUMENTS HERE AND ATTACH BELOW; OR ELSE NOTE "N/A"*]

State of Illinois Department of Innovation and Technology

Information and Technology Standard Terms and Conditions

V.26.1

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IDHS State of Illinois Chief Procurement Office for General Services Contract V.23.3

DHS Agency Specific Terms and Conditions

5.1.1 TRAVEL EXPENSES. DHS will not compensate the Vendor for expenses related to travel, lodging or meals.

5.1.2 INDEPENDENT CONTRACTOR. The Vendor is an independent contractor under this Contract and neither the Vendor nor any employee or agent of the Vendor is an employee of DHS and does not acquire any employment rights with DHS or the State of Illinois by virtue of this Contract. The Vendor will provide the agreed services and achieve the specified results free from the direction or control of DHS as to the means and methods of performance. The Vendor will be required to provide its own equipment and supplies necessary to conduct its business; provided that in the event that, for its convenience or otherwise, DHS makes any such equipment, supplies or both available to the Vendor, the Vendor’s use of such equipment or supplies provided by DHS pursuant to this Contract shall be strictly limited to official DHS or State of Illinois business and not for any other purpose, including any personal benefit or gain.

5.1.3 LAWSUITS. Indemnification will be governed by the State Employee Indemnification Act (5 ILCS 350/1 et seq.) as interpreted by the Illinois Attorney General. DHS makes no representation that the Vendor, an independent contractor, will qualify or be eligible for indemnification under said Act.

IDHS State of Illinois Chief Procurement Office for General Services Contract V.23.3

5.1.4 REDUCTIONS IN AMOUNTS PAYABLE. Notwithstanding any other provision herein to the contrary, the amount payable, or estimated amount payable, to the Vendor under this Contract is subject to a reduction as necessary or advisable, based upon actual or projected budgetary considerations, at the sole discretion of DHS, or as may be directed by the Office of the Governor. If such a reduction occurs, DHS shall negotiate in good faith regarding any reduction in the supplies and/or services required by this Contract.

5.1.5 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT. If applicable, the Vendor certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Pub. Law 104-191, 45 CFR Parts 160, 162 and 164, and the Social Security Act 42 U.S.C. §§1320d-2 through 1320d-7, in that it may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Vendor further certifies that it is in compliance with all applicable State and Federal record retention provisions, including, but not limited to, the six-year record retention provision in HIPAA.

5.1.4 REDUCTIONS IN AMOUNTS PAYABLE. Notwithstanding any other