Contract-Cannabis-WM-Scale Calibration and Repair Review~1.docx

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Attached to
AGR-Cannabis/WM-Scale Calibration
Solicitation number
25-406AGR-ADMIN-B-46557
Issued by
Illinois

About this file

This is a contract between the State of Illinois Department of Agriculture and Mettler-Toledo, LLC for calibration and maintenance services for Mettler-Toledo mass comparators used by the Bureau of Cannabis Laboratory and Bureau of Weights and Measures. The scope includes annual calibrations, preventive maintenance, and emergency repairs for specific mass comparator models including XPR 26, XPR 205, XPR 2004 SC, XPR 10003 SC, XP2003 KL, XP64003 L, XP604KM, and multiple METTLER TOLEDO 30315628 and 30355485 units. The contract has an initial term of four years with a maximum total term including renewals not to exceed ten years.

The contract pricing is firm and includes all labor, materials, and equipment necessary for the services. Additional repairs or replacement parts outside the contract scope must be quoted and approved in advance, with labor billed at a standard hourly rate specified in BidBuy. All services must be performed in Illinois, and subcontractors are not allowed. The vendor must maintain appropriate insurance coverage including $1,000,000 per occurrence in General Commercial Liability and Auto Liability coverage.

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AGR-Cannabis-Weights and Measures-Scale Calibration and Repair

Illinois Department of Agriculture Contract AGR-Cannabis/Weights and Measures-Weights Calibration B-46557 The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. 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 Vendor will provide calibration and maintenance services for the Mettler-Toledo mass comparators, specifically for the Bureau of Cannabis Laboratory and the Bureau of Weights and Measures.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

1.2.1 Vendor will provide all labor, materials and equipment necessary to perform comparator calibrations, a high-quality preventive maintenance program and accomplishment of all general and emergency repairs, replacements and services to include, but not be limited to the specifications listed below.

1.2.2 Vendor will perform annual calibrations and as-needed maintenance and repairs to the following Mettler-Toledo mass comparator models to ensure the Agency maintains its NIST certification.

1.2.3 The mass comparators of the Weights and Measures bureau that need to be calibrated, repaired and maintained are:

· XPR 26

· XPR 205

· XPR 2004 SC

· XPR 10003 SC

1.2.4 The mass comparators of the Weights and Measures Bureau that need to be calibrated and maintained are:

· XP2003 KL

· XP64003 L

· XP604KM

1.2.5 The mass comparators of Cannabis bureau that need to be calibrated, maintained and repaired are and have the GWP Verification once are:

· Two (2) METTLER TOLEDO™ 30315628

· Two (2) METTLER TOLEDO™ 30355485.

1.2.6In the event service, repairs, or replacement parts are required outsidethe scope of this contract, labor for such service and repairs will be billedat an hourly rate not to exceed the standard hourly labor rate specifiedentered on Bid Buy. Any additional charges for necessary repair,replacements or maintenance must be quoted by thevendor in writing and approved by the appropriate Agency personnelprior to being performed by the Vendor.
1.2.7Upon request of the Agency, vendor shall provide for the replacement ofany equipment, system controls, parts and materialsincidental to this contract. All equipment, system controls, parts, andmaterials must be compatible with existing equipment and be of originalmanufacture or an approved equal. If said work is authorized by theWeights and Measures Division Manager or designee, then work shall beperformed on a time and material basis (as per contractagreement) not to exceed the estimate or proposal.

1.3. MILESTONES AND DELIVERABLES:

See Section 1.1

1.4. VENDOR/STAFF SPECIFICATIONS:

Vendor to send the invoices to Bureau of Cannabis and Bureau of Weights and Measures.

1.5. TRANSPORTATION AND DELIVERY:

Prices must be F.O.B. DESTINATION with all transportation and handling included in the united price.

1.6. SUBCONTRACTING:

Subcontractors are NOT allowed.

1.6.1. Will subcontractors be utilized? |_| Yes |X| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.6.2. Intentionally omitted; inapplicable. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

· Subcontractor Name:

Amount to Be Paid:

Address:

Description of Work:

· Subcontractor Name:

Amount to Be Paid:

Address:

Description of Work:

If additional space is necessary to provide subcontractor information, please attach an additional page.

1.6.3. Intentionally omitted; inapplicable. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).

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

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work

· Location where services will be performed: Illinois Value of services performed at this location: All

· Location where services will be performed:

Value of services performed at this location:

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is firm.

2.2. VENDOR’S PRICING: Vendor’s Service Agreement Quote #100541417 includes Vendor’s pricing. It is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

2.3. MAXIMUM AMOUNT: The total payments under the initial term of this contract shall not exceed the maximum amount 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 after four (4) years. 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 notice to the Vendor if: (a) the State determines that the actions or inactions 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 notified the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained in this Section, 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 written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.

Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

3.4. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, 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 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 Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction 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 effect.

4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 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 first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative 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 execution of this contract by the Parties even if the effective date of the contract is prior to execution.

4.1.4. PREVAILING WAGE: As a condition 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 respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, 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 official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. FEDERAL FUNDING: This contract may be partially 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 notice of intent to award.

4.1.6. INVOICING: By submitting an invoice, Vendor certifies 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 submitted 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 offset. 30 ILCS 210.

4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency’s Illinois tax exemption number and Federal tax exemption information.

4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

Send invoices to:

Agency:
Illinois Department of Agriculture
Attn:
Bureau of Cannabis Lab and
Address:
801 E. Sangamon Avenue
City, State Zip
Springfield, IL 62702

For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.

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

4.3. SUBCONTRACTING: Intentionally Omitted.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of services under this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including information 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 final payment under the contract or completion of the contract. If Federal funds are used to pay contract costs, the Vendor must retain their respective records for five (5) years. Books and records required to be maintained 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 Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours, in accordance with the mutually agreed to confidentiality terms under Section 4.8 Confidential Information. Vendor shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any disputed 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 shall not impose a charge for audit or examination 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. Delivery and service dates are estimates unless Vendor expressly agrees in writing to a fixed date or schedule. Vendor will use commercially reasonable efforts to meet delivery and service date estimates. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State and agreed between the Parties.

4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, 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 duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including but not limited to acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, global health emergencies, pandemic, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within ninety (90) days of the declaration.

4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public. The State shall presume all information received from Vendor or to which it gains access during an audit, investigation or a visit to Vendor’s premises pursuant this contract is confidential. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. 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 notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information required lawfully 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 becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information. Notwithstanding anything to the contrary, the receiving Party may disclose certain confidential information of the disclosing Party, without violating the obligations under this contract, to the extent such disclosure is required by a valid order of a court or other governmental body having jurisdiction, provided that the receiving Party provides the disclosing Party with reasonable prior written notice of such disclosure and makes a reasonable effort to assist the disclosing Party in obtaining a protective order preventing or limiting the disclosure and/or requiring that the confidential information so disclosed be used only for the purposes for which the law or regulation required, or for which the order was issued.

4.9. USE AND OWNERSHIP: All work performed or supplies created by Vendor specifically for the State during Vendor’s performance of services under this contract, whether written documents or data, goods or deliverables of any kind, shall upon payment therefor be deemed the property of the State. Vendor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to the confidentiality provisions of this contract. Notwithstanding anything written or implied to the contrary, herein or elsewhere the sale and performance of services hereunder will in no way transfer to the State any right of ownership in any patents, copyrights, trademarks, technologies, designs, specifications, drawings or other intellectual property of Vendor.

4.10. INDEMNIFICATION AND LIABILITY: To the extent of Vendor’s negligence, the Vendor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys’ reasonable fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result from Vendor’s negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual 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 Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages. Vendor shall not be liable for any acts or omissions of the State or any third parties. In no event will Vendor’s aggregate liability for any and all types of damages or losses related to this Agreement or the equipment or services sold, licensed, or delivered pursuant hereto exceed the amounts paid by the State to Vendor for services or goods delivered under the Agreement. Any suit arising hereunder must be commenced within one year from the date on which the cause of action accrues.

4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days’ notice 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 $1,000,000 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 Compensation Insurance in the amount required by law. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle 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 notice 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, regulations, 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 employees or agents who perform the services for the State. Vendor 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; SOVEREIN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration 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 official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at (www.ilga.gov/legislation/ilcs/ilcs.asp).

4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under Federal or State antitrust laws relating to the subject matter of this contract, then upon request of the Illinois Attorney General, Vendor will deliberate and may decide to assign to the State all of Vendor’s rights, title and interest to the claim or cause of action.

4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois shall be the only State entity responsible for performance and payment under this contract. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs in addition to an Agency, he/she does so as approving officer and shall have no liability to Vendor. When the Chief Procurement Officer or authorized designee or State Purchasing Officer 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 defined 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 entity.

4.20. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified 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 time of successful receipt. Notices shall be sent to the individuals who signed this contract using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information.

4.21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing 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 remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the State’s and the Vendor’s terms, conditions and attachments, the terms and conditions of this Agreement 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 continue this contract, suspend Vendor from doing future business with the State for a specified period of time, or whether Vendor can be considered responsible on specific future contract opportunities.

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 Information 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, specifications, drawing, samples or descriptions furnished by the Vendor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title 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’s standard warranty for sales and service is attached herein as Exhibit A and made a part of this Agreement.

4.25.2. Vendor shall ensure that all manufacturers’ warranties are transferred to the State and shall provide to the State copies of such warranties. These warranties shall be in addition to all other warranties and shall survive the State’s payment, acceptance, inspection 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 efficient and effective 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 disruptive or not respectful 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 notify the State of any event that may have a material impact on Vendor’s ability to perform this contract.

4.27. EMPLOYMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue (telephone #: 217-524-4772) for information about tax credits.

5. STATE SUPPLEMENTAL PROVISIONS

|_| Agency Definitions Not applicable.

|_| Required Federal Clauses, Certifications and Assurances Not applicable.

|_| Public Works Requirements (construction and maintenance of a public work) 820 ILCS 130/4.

Not applicable.

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

Not applicable; this is not a contract for services as defined in 30 ILCS 500/25-60.

|_| Agency Specific Terms and Conditions Not applicable.

|_| Other (describe) Not applicable

Illinois Department of Agriculture AGR-Cannabis/Weights and Measures-Weights Calibration B-46557

VENDOR

Vendor Name: Mettler-Toledo, LLC
Address (City/State/Zip): 1900 Polaris Parkway, Columbus, OH 43240

Phone: 800-638-8537

Printed Name: Matthew Bendick
Email: servicerequest@mt.com
Title: Head of Service Operations
Date:

Signature:

STATE OF ILLINOIS

Purchasing Agency: Illinois Department of Agriculture
Phone: 217-790-1356
Street Address: 801 E. Sangamon Avenue
Email: Leke.A.Hoxha@Illinois.gov

City, State ZIP: Springfield, IL 62702

Official Signature:
Date:

Printed Name: Jerry Costello II

Official’s Title: Director

Legal Signature:
Date:

Legal Printed Name: Tess Feagans

Legal’s Title: General Counsel

Fiscal Signature:
Date:

Fiscal’s Printed Name: Judy Vollmar

Fiscal’s Title: CFO

State of Illinois Contract v.25.2

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

· Agency Reference #: 2540642038

· Project Title: AGR-Cannabis-Weights and Measures-Scale Calibration and Repair

· Contract #: 2540642038

· Procurement Method (IFB, RFP, Small Purchase, etc.): Small Purchase with Sole Source

· BidBuy / Bulletin Reference #: B-46557

· BidBuy / Bulletin Publication Date:

· Award Code:

· Subcontractor Utilization? |_| Yes |_|No Subcontractor Disclosure? |_| Yes |_|No

· Funding Source:

· Obligation #: B-46557

· Small Business Set-Aside? |_| Yes |_|NoPercentage:
· Minority Owned Business? |_| Yes |_|NoPercentage:
· Women Owned Business? |_| Yes |_|NoPercentage:
· Persons with Disabilities Owned Business? |_| Yes |_|NoPercentage:
· Veteran Owned Small Business? |_| Yes |_|NoPercentage:

· Other Preferences?

I certify that:

The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. person (including a U.S. resident alien).

· If you are an individual, enter your name and SSN as it appears on your Social Security Card.

· If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN.

· If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the D/B/A on the business name line and enter the owner’s SSN or EIN.

· If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277).

· For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN.

Name: Click here to enter text.

Business Name: Click here to enter text.

Taxpayer Identification Number:

Social Security Number: Click here to enter text.

or Employer Identification Number: Click here to enter text.

Legal Status (check one):

|_| Individual|_| Governmental
|_| Sole Proprietor|_| Nonresident alien
|_| Partnership|_| Estate or trust
|_| Legal Services Corporation|_| Pharmacy (Non-Corp.)
|_| Tax-exempt|_| Pharmacy/Funeral Home/Cemetery (Corp.)
|_| Corporation providing or billing|_| Limited Liability Company
medical and/or health care services(select applicable tax classification)
|_| Corporation NOT providing or billing|_| C = corporation
medical and/or health care services|_| P = partnership

Signature of Authorized Representative:

Date: Click here to enter a date.

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