Cannabis Social Equity SmartSheet Buildout Contract 1.9.26 - Executed1_Redacted.pdf

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Attached to
DNR Dixon Springs SP Swimming Pool Concession
Solicitation number
26-422DNR-REALT-B-49897
Issued by
Pope County, Illinois

About this file

This is an executed state contract between the State of Illinois Department of Commerce & Economic Opportunity (DCEO) and National Tek for SmartSheet platform buildout services to support the Cannabis Social Equity Program. The vendor will provide remote consulting services to enhance DCEO's workflows and processes for collecting applicant and borrower submissions, addressing current challenges including missing data, manual work, and lack of portfolio visibility. The scope of work includes delivering up to 21 solution objects (sheets, reports, and dashboards), up to seven net new sheets, up to ten net new reports, up to four net new dashboards, and support for one dynamic view configuration. Additional deliverables include solution documentation such as an engagement management and project delivery plan, future state process map, solution architecture and workflow documentation, end user documentation, and a customer outcomes review. The contract commenced upon final execution and extends through June 30, 2026, with a maximum total contract term not exceeding ten years including any renewal options. All services will be performed in Illinois, representing 100 percent of the awarded contract value.

The contract establishes an estimated total price not to exceed $29,500.00 without formal amendment, with pricing located in quote QT12038. The vendor must invoice the Department on no less than a quarterly basis, with detailed accounting of hours worked and descriptions of services provided in relation to specific contract milestones and deliverables. The vendor is required to maintain general commercial liability insurance of $1,000,000 per occurrence and $2,000,000 annual aggregate, auto liability insurance of $1,000,000 per occurrence, and worker's compensation insurance as required by law. No subcontractors are permitted under this contract. The contract is contingent upon availability of appropriated funds and may be terminated by the State for convenience with thirty days' written notice or for cause if the vendor fails to perform material requirements. The State retains all intellectual property rights and ownership to work product developed under the contract, and the vendor must comply with all applicable federal, state, and local laws, including prevailing wage requirements where applicable.

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State of Illinois Contract v.25.4

Department of Commerce & Economic Opportunity

Contract

Cannabis Social Equity Program SmartSheet Buildout

26-420DCEO-ECOEQ-B-49905

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor (National Tek). This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. SCOPE OF WORK

1.1. OVERVIEW AND PURPOSE:

The Department of Commerce & Economic Opportunity, also known as DCEO, is seeking to collaborate with Smartsheet through Na onal Tek to conduct Remote Consul ng ac vi es.

Currently, DCEO is encountering numerous challenges which include the need to enhance the current work ows and process for collec ng applicants and borrower submissions for the Cannabis Social Equity Program. The current state is inadequate to meet the growth targets as it results in missing data, manual work, and lack of visibility into the status of the por olio.

DCEO seeks to nd a collabora ve work execu on pla orm that is scalable, collabora ve, and supports the work ow needs from end-to-end. The vendor has suggested to implement a Smartsheet Solu on to facilitate collec on of requests and data via forms and sheet automa ons. Consul ng to lead design, con gura on, and training ac vi es to support a scalable, durable, and simple solu on that is deployed and adopted.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

The vendor shall assign consul ng resources to assist DCEO in building a solu on based on the table below.

5. In the event the requested documenta on, training or migra on guidance causes the forecasted work to exceed the available budget, the Customer shall work with the Consultants to repriori ze work within the es mated budget as outlined in Sec on 7 of the statement of work.

6. Internal Support - Customers have an internal team (project team or others) who can support solu on adop on ac vi es, a end solu on adop on mee ngs, and send needed communica ons.

a. Consistent Materials - All solu on adop on materials (Resource Hub, End User Guides, etc.) will be consistent across the solu on deployment. These materials will not be customized by region or for mul ple solu on environments unless speci ed.

7. In the event that the Solu on and/or Apps assump ons do not hold true, a technical feasibility analysis will be required to validate that the Customer’s requirements can be met within the Smartsheet pla orm and an addendum of addi onal hours to this statement of work may be required.

8. Solution

a. Financial forecas ng and rolling period tracking of any metric by any meframe will not be included in this scope of work.

b. Customer project types shall t within a process and solu on that is standardized to be consistent across all project types. Aspects of the solu on that shall be standardized include, but are not limited to, no ca ons, column names and types, approval work ows, reports, metrics, and dashboards. The excep on to this shall be the ability to customize the tasks on a project plan based on project type.

c. The sole repor ng ers included within this scope of work are at the Applicant & Borrower, Department, and Por olio levels. Addi onal Dashboards required to report on addi onal categories shall be out of scope.

d. Solu on will conform within Smartsheet’s published scale guidelines. Archiving work ows may be required if the solu on reaches capacity (e.g. no more than 20,000 rows per Sheet and no more than 80,000 cross-sheet references).

9. Applications

a. Dynamic View

i. Administrators who con gure the Dynamic Views (including any condi onal logic) — must be shared to the source Sheets and Reports.

1.3. MILESTONES AND DELIVERABLES:

Vendor shall deliver to Customer:

Up to twenty-one (21) Solu on objects (inclusive of Sheets, Reports, Dashboards) Up to seven (7) net new Sheets Up to ten (10) net new Reports Up to four (4) net new Dashboards

Support one (1) Dynamic View configuration Solu on Documentation:

Engagement management / project delivery plan Future state process map Solu on architecture / workflow End user Solu on documentation Customer Outcomes Review

DCEO and Vendor shall utilize a formal backlog Sheet to manage the prioritization, estimated level of effort, and timing of requests for Vendor involvement.

1.4. TRANSPORTATION AND DELIVERY:

National Tek shall deliver to Customer:

Up to twenty-one (21) Solu on objects (inclusive of Sheets, Reports, Dashboards) Up to seven (7) net new Sheets Up to ten (10) net new Reports Up to four (4) net new Dashboards

Support one (1) Dynamic View configuration Solu on Documentation:

Engagement management / project delivery plan Future state process map Solu on architecture / workflow End user Solu on documentation Customer Outcomes Review

1.5. SUBCONTRACTING:

1.6. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this sec on all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in viola on of this provision, such ac on may be deemed by the State as a breach of the contract by Vendor.

Customer and Smartsheet via National Tek shall utilize a formal backlog Sheet to manage the prioritization, estimated level of effort, and timing of requests for Smartsheet involvement.

Subcontractors are not allowed.

Vendor shall disclose the loca ons where the services required shall be performed and the known or an cipated value of the services to be performed at each loca on. If the Vendor received addi onal considera on in the evalua on based on work being performed in the United States, it shall be a breach of contract if the O eror shi s any such work outside the United States.

Loca on where services will be performed: State of IL

Value of services performed at this loca on: 100% of awarded contract

Loca on where services will be performed: Click here to enter text

Value of services performed at this loca on: Click here to enter text

2. PRICING

2.1. TYPE OF PRICING: The Illinois O ce of the Comptroller requires the State to indicate whether the contract price is rm or es mated at the me it is submi ed for obliga on. The total price of this contract is es mated.

2.2. VENDOR’S PRICING: Vendor’s pricing is located within quote QT12038.

2.3. MAXIMUM AMOUNT: The total payments under the initial term of this contract shall not exceed $29,500.00 without a formal amendment. The maximum amount will be entered by the State prior to execution of the contract.

3. TERM AND TERMINATION

3.1. TERM:

3.1.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon the last dated signature of the Parties and ending on June 30, 2026. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

3.2. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon no ce to the Vendor if: (a) the State determines that the ac ons or inac ons of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has no ed the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s sa sfac on any material requirement of this contract, is in viola on of a material provision of this contract, or the State determines that the Vendor lacks the nancial resources to perform the contract, the State shall provide wri en no ce to the Vendor to cure the problem iden ed within the period of me speci ed in the State’s wri en no ce. If not cured by that date the State may either: (a) immediately terminate the contract without addi onal wri en no ce or (b) enforce the terms and condi ons of the contract.

For termina on due to any of the causes contained in this Sec on, the State retains its rights to seek any available legal or equitable remedies and damages.

3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior wri en no ce to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obliga on to the Vendor.

Upon submission of invoices and proof of claim, the Vendor shall be en tled to compensa on for supplies and services provided in compliance with this contract up to and including the date of termina on.

3.4. AVAILABILITY OF APPROPRIATION: This contract is con ngent upon and subject to the availability of funds. The State, at its sole op on, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropria on su cient to pay such obliga on, or if funds needed are insu cient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by reserving some or all of the Agency’s appropria on(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discre on or as directed by the O ce of the Governor, that a reduc on is necessary or advisable based upon actual or projected budgetary considera ons. Contractor will be no ed in wri ng of the failure of appropria on or of a reduc on or decrease.

4. STANDARD BUSINESS TERMS AND CONDITIONS

4.1. PAYMENT TERMS AND CONDITIONS:

4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code

900. This shall be Vendor’s sole remedy for late payments by the State. Payment terms contained in Vendor’s invoices shall have no force or e ect.

4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Sec on 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the rst check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administra ve Fund. 15

ILCS 405/23.9.

4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execu on of this contract by the Par es even if the e ec ve date of the contract is prior to execu on.

4.1.4. PREVAILING WAGE: As a condi on of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respec ve contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, prin ng, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL’s o cial website, which shall be deemed proper no ca on of any rate changes under this subsec on. Vendor is responsible for contac ng DOL at 217-782-6206 or (h ps://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. FEDERAL FUNDING: This contract may be par ally or totally funded with 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 will be provided to the awarded Vendor in the no ce of intent to award.

4.1.6. INVOICING: By submi ng an invoice, Vendor cer es that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submi ed to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory o set. 30 ILCS 210.

A) Vendor shall submit invoices to the Department at a frequency agreed upon by the Department, but no less than a quarterly basis throughout the term of this Contract.

B) Invoices for services delivered prior to July 1 of any year must be presented to the Department no later than July 31 of that year; otherwise [vendor] may have to seek payment through the Illinois Court of Claims.

C) Billings shall conform to State scal year requirements, including prora ng, if necessary, notwithstanding any contrary provision herein. By submi ng its invoices, [vendor] represents that the services have met all wri en requirements of the Contract.

D) Upon request by the Department [vendor] shall submit invoices in reference to an agreed upon workplan.

E) Invoices shall be submi ed as a PDF to CEO.AccountsPayable@Illinois.gov and include:

1. Reference to an appropriate 10-digit contract number or DCEO issued purchase order number.

2. Invoiced amount due, invoice date, vendor’s invoice number, remi ance address, and period of service.

3. An itemized list of products or services rendered within the invoice period which must include:

i. Detailed accoun ng of hours worked along with a descrip on of the services provided, and how such services relate to the comple on of speci c milestones and/or deliverables under this Contract.

ii. Suppor ng documenta on to support payment of amounts within the invoice including but not limited to: hourly billed rate in accordance with the Contract, copies of receipts, me report logs, and other materials upon request from Agency.

F) Vendor’s invoices shall not include sales tax that is charged directly to the Department.

Addi onally, Vendor may not use the Department’s tax-exempt cer ca on to exempt themselves from any tax liability. However, if Vendor incurs taxes while purchasing goods or services on behalf of the Department, the cost may be included on invoices and are allowed to be reimbursed, so long at the invoice is deemed an appropriate expense under the contract.

4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by Vendor without the prior wri en consent of the State.

4.3. SUBCONTRACTING: For purposes of this sec on, subcontractors are those with contracts with an annual value exceeding $100,000 and who are speci cally hired to perform all or part of the work covered by this contract. Vendor must receive prior wri en approval before use of any subcontractors in the performance of this contract. Vendor shall describe, in an a achment if not already provided, the names and addresses of all authorized subcontractors to be u lized by Vendor in the performance of this contract, together with a descrip on of the work to be performed by the subcontractor and the an cipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts within een (15) days a er execu on of this contract. All subcontracts must include the same cer ca ons that Vendor must make as a condi on of this contract. Vendor shall include in each subcontract the Standard Illinois Cer ca on form available from the State.

If at any me during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor must promptly no fy, by wri en amendment to the Contract, the State Purchasing O cer or the Chief Procurement O cer of the names and addresses, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-120.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records rela ng to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including informa on stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of nal payment under the contract or comple on of the contract, and by the subcontractor for a period of three (3) years from the later of nal payment under the term or comple on of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors must retain their respec ve records for ve (5) years. Books and records required to be maintained under this sec on shall be available for review or audit by representa ves of the procuring Agency, the Auditor General, the Execu ve Inspector General, the Chief Procurement O cer, State of Illinois internal auditors or other governmental en es with monitoring authority, upon reasonable no ce and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any inves ga on conducted by any of these en es. Failure to maintain books and records required by this sec on shall establish a presump on in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement.

The Vendor or subcontractors shall not impose a charge for audit or examina on of the Vendor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this contract. Vendor shall con nue to perform its obliga ons while any dispute concerning this contract is being resolved unless otherwise directed by the State.

4.6. NO WAIVER OF RIGHTS: Except as speci cally waived in wri ng, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future.

4.7. FORCE MAJEURE: Failure by either Party to perform its du es and obliga ons will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, re, ood, explosion, and governmental prohibi on. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declara on.

4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to con den al data or informa on owned or maintained by the other Party in the course of carrying out its responsibili es under this contract. Vendor shall presume all informa on received from the State or to which it gains access pursuant to this contract is con den al. Vendor informa on, unless clearly marked as con den al and exempt from disclosure under the Illinois Freedom of Informa on Act, shall be considered public. No con den al data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the wri en consent of the disclosing Party, either during the period of this contract or therea er.

The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or no fy the disclosing Party in wri ng of its destruc on. The foregoing obliga ons shall not apply to con den al data or informa on lawfully in the receiving Party’s possession prior to its acquisi on from the disclosing Party; received in good faith from a third Party not subject to any con den ality obliga on to the disclosing Party; now is or later becomes publicly known through no breach of con den ality obliga on by the receiving Party; or that is independently developed by the receiving Party without the use or bene t of the disclosing Party’s con den al informa on.

4.9. USE AND OWNERSHIP: All work performed or supplies created by Vendor under this contract, whether wri en documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in wri ng.

Vendor hereby assigns to the State all right, tle, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connec on with the work. Vendor acknowledges the State may use the work product for any purpose. Con den al data or informa on contained in such work shall be subject to the con den ality provisions of this contract.

4.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois, its agencies, o cers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabili es, se lements and judgments, including in-house and contracted a orneys’ fees and expenses, arising out of: (a) any breach or viola on by Vendor of any of its cer ca ons, representa ons, warran es, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor’s negligent performance; (c) any act, ac vity or omission of Vendor or any of its employees, representa ves, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Ar cle VIII, Sec on 1(a), (b) of the Cons tu on of the State of Illinois and 1973 Illinois A orney General Opinion 78, the State may not indemnify private par es absent express statutory authority permi ng the indemni ca on. Neither Party shall be liable for incidental, special, consequen al, or puni ve damages.

4.11. INSURANCE: Vendor shall, at all mes during the term of this contract and any renewals or extensions, maintain and provide a Cer cate of Insurance naming the State as an addi onally insured for all required bonds and insurance. Cer cates may not be modi ed or canceled un l at least thirty (30) days’ no ce has been provided to the State. Vendor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate;

(b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker’s Compensa on Insurance in the amount required by law. Insurance shall not limit Vendor’s obliga on to indemnify, defend, or se le any claims.

4.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State. All payments by the State shall be made on that basis.

4.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during the term of this contract to perform any work under this contract. Vendor shall give no ce immediately to the Agency’s director if Vendor solicits or intends to solicit State employees to perform any work under this contract.

4.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regula ons, orders, Federal circulars and all license and permit requirements in the performance of this contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract.

4.15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of

Vendor’s and subcontractor’s o cers, employees or agents. Vendor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check.

4.16. APPLICABLE LAW:

4.16.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois.

4.16.2. EQUAL OPPORTUNITY: The Department of Human Rights’ Equal Opportunity requirements are incorporated by reference. 44 Ill. Adm. Code 750.

4.16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against the State arising out of this contract must be led exclusively with the Illinois Court of Claims. 705 ILCS

505. The State shall not enter into binding arbitra on to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract.

4.16.4. OFFICIAL TEXT: The o cial text of the statutes cited herein is incorporated by reference.

An uno cial version can be viewed at (www.ilga.gov/legisla on/ilcs/ilcs.asp).

4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of ac on it has arising under Federal or State an trust laws rela ng to the subject ma er of this contract, then upon request of the Illinois A orney General, Vendor shall assign to the State all of Vendor’s rights, tle and interest to the claim or cause of ac on.

4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois shall be the only State en ty responsible for performance and payment under this contract. When the Chief Procurement O cer or authorized designee or State Purchasing O cer signs in addi on to an Agency, he/she does so as approving o cer and shall have no liability to Vendor. When the Chief Procurement O cer or authorized designee or State Purchasing O cer signs a master contract on behalf of State agencies, only the Agency that places an order or orders with the Vendor shall have any liability to the Vendor for that order or orders.

4.19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as de ned in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated en ty.

4.20. NOTICES: No ces and other communica ons provided for herein shall be given in wri ng via electronic mail whenever possible. If transmission via electronic mail is not possible, then no ces and other communica ons shall be given in wri ng via registered or cer ed mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), or via facsimile showing the date and me of successful receipt. No ces shall be sent to the individuals who signed this contract using the contact informa on following the signatures. Each such no ce shall be deemed to have been provided at the me it is actually received. By giving no ce, either Party may change its contact informa on.

4.21. MODIFICATIONS AND SURVIVAL: Amendments, modi ca ons and waivers must be in wri ng and signed by authorized representa ves of the Par es. Any provision of this contract o cially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give e ect to the Par es’ intent.

All provisions that by their nature would be expected to survive, shall survive termina on. In the event of a con ict between the State’s and the Vendor’s terms, condi ons and a achments, the State’s terms, condi ons and a achments shall prevail.

4.22. PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of this contract. The State may consider Vendor’s performance under this contract and compliance with law and rule to determine whether to con nue this contract, suspend Vendor from doing future business with the State for a speci ed period of me, or whether Vendor can be considered responsible on speci c future contract opportuni es.

4.23. FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided to, or required to be provided to the State are subject to the Illinois Freedom of Informa on Act (FOIA) notwithstanding any provision to the contrary that may be found in this contract. 5 ILCS 140.

4.24. SCHEDULE OF WORK: Any work performed on State premises shall be performed during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel.

4.25. WARRANTIES FOR SUPPLIES AND SERVICES:

4.25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the standards, speci ca ons, drawing, samples or descrip ons furnished by the State or furnished by the Vendor and agreed to by the State, including but not limited to all speci ca ons a ached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so speci ed in wri ng, and t and su cient for the intended use; (c) comply with all federal and state laws, regula ons and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good tle and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the State for any losses, costs, damages or expenses, including without limita ons, reasonable a orney’s fees and expenses, arising from failure of the supplies to meet such warran es.

4.25.2. Vendor shall ensure that all manufacturers’ warran es are transferred to the State and shall provide to the State copies of such warran es. These warran es shall be in addi on to all other warran es, express, implied or statutory, and shall survive the State’s payment, acceptance, inspec on or failure to inspect the supplies.

4.25.3. Vendor warrants that all services will be performed to meet the requirements of this contract in an e cient and e ec ve manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall immediately reassign any individual who does not perform in accordance with this contract, who is disrup ve or not respec ul of others in the workplace, or who in any way violates the contract or State policies.

4.26. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall immediately no fy the State of any event that may have a material impact on Vendor’s ability to perform this contract.

4.27. EMPLOYEMENT TAX CREDIT: Vendors who hire quali ed veterans and certain ex-o enders may be eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue (telephone #: 217-524-4772) for informa on about tax credits.

5. STATE SUPPLEMENTAL PROVISIONS

Agency De ni ons

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Required Federal Clauses, Cer ca ons and Assurances

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Public Works Requirements (construc on and maintenance of a public work) 820 ILCS 130/4.

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Prevailing Wage (janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, security services, and prin ng, if valued at more than $200 per month or $2,000 per year) 30 ILCS 500/25-60.

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Agency Speci c Terms and Condi ons

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Other (describe)

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Add Agency De ni ons, Agency speci c Terms and Condi ons and Required Federal Clauses, Cer ca ons and Assurances if applicable.

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

Agency Reference #: 26-420DCEO-ECOEQ-B-49905

Project Title: Cannabis Social Equity Program SmartSheet Buildout

Contract #:

Procurement Method (IFB, RFP, Small Purchase, etc.): Exempt

BidBuy / Bulletin Reference #:

BidBuy / Bulletin Publication Date:

Award Code:

Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No

Funding Source:

Obligation #:

Small Business Set-Aside? Yes No Percentage:

Minority Owned Business? Yes No Percentage:

Women Owned Business? Yes No Percentage:

Persons with Disabilities Owned Business? Yes No Percentage:

Veteran Owned Small Business? Yes No Percentage:

Other Preferences?

File details come from the government source that posted it. Updated .