New Hire - IDES Attachments.pdf

IDES ATTACHMENTS

B-1 (05-2017)

ATTACHMENT B-1

IDES SUPPLEMENTAL TERMS AND CONDITIONS

1. Confidential Information – Section 1900; Part 603:

The Parties agree that if a conflict arises under the performance of this contract in construing the terms of this Section 1 of IDES Supplemental Terms And Conditions, Confidential Information – Section 1900; Part 603, and any other provision of this Contract, the terms of this Section 1 shall control.

(a) In Vendor’s performance of this contract, it and its employees and agents will have access to documents, files, records or other information that are confidential within the meaning of Section 1900 of the Unemployment Insurance Act, 820 ILCS 405/1900 (“Section 1900”), and federal regulations codified at 20 CFR Part 603, and in particular 20 CFR 603.9 (“Part 603”).

VENDOR hereby assures and confirms that it and its employees and agents are subject to and shall comply with all provisions of Section 1900 and Part 603, including without limitation provisions pertaining to the protection from unauthorized use and/or disclosure of said confidential information and penalties for noncompliance. Protection from unauthorized use and/or disclosure specifically includes storage in a place physically secure from access by unauthorized persons, maintaining information in electronic formats such as magnetic tapes, discs, or on servers in such a way that unauthorized persons cannot obtain the information by any means, and undertaking precautions to ensure that only authorized employees and agents have access to said confidential information. Any dissemination or use of said confidential information other than for the purpose of this contract without the express written authority of the Director of IDES is specifically prohibited.

(b) Vendor hereby certifies that all employees and agents who are given access to said confidential information under this contract shall be instructed about the confidentiality requirements contained in this Section 1 and that said employees and agents shall adhere to same, and agrees to report any infraction by any employee or agent to IDES fully and promptly.

Vendor shall restrict access to said confidential information to only those employees and agents who require access in the performance of this contract. Vendor shall not subcontract this contract or any portion of this contract without the prior written approval of IDES, and any such subcontractor and said subcontractor’s employees and agents shall be expressly subject to the provisions of this Section 1. Notwithstanding any other provision of the contract to the contrary, this contract is subject to immediate cancellation by IDES for failure of Vendor or Vendor’s subcontractors or any of their employees or agents to adhere to the provisions of this Section 1.

2. Unemployment Insurance Contributions / Unemployment Insurance Employer Account Number:

Vendor certifies that:

(a) Vendor is not delinquent in the payment of contributions, payments in lieu of contributions, penalties and/or interest as required of it under the Illinois Unemployment Insurance (UI) Act, nor does it owe any sums to the State because of overpaid UI benefits;

(b) Vendor’s current and correct Illinois UI employer account number (if applicable) is:

; and

(c) Vendor has disclosed its current and correct Federal Employer Identification Number (FEIN) in the space provided on the Taxpayer Identification Number form included in this contract, which is the same FEIN the Vendor has disclosed to the State for UI purposes.

Vendor acknowledges and agrees that if for any reason the Vendor’s FEIN changes, the Vendor shall immediately notify the State of the new FEIN in writing, transmitted by telefax to the IDES Office of Legal Counsel at 312-793-2164, with such notice to include reference to the applicable IDES or CMS contract number assigned to this contract. Upon receipt of such notice, all further payments under this CONTRACT shall be processed under the new FEIN.

Vendor further acknowledges and agrees that the State has the right to withhold from any sum or sums otherwise payable to the Vendor pursuant to this contract the amount(s) of any past due contributions, payments in lieu of contributions, penalties, interest, and/or overpaid benefits it may owe under the UI Act, and to apply such amount(s) so withheld toward satisfaction of any such past due contributions, payments in lieu of contributions, penalties, interest, and/or overpaid benefits, and hereby expressly authorizes the State to do so.

Signature: Date:

B-2 (10/2015) 1

ATTACHMENT B-2

(10/2015)

FEDERAL FUNDING CONTRACT REQUIREMENTS AND CERTIFICATIONS

The U.S. Office of Management and Budget (OMB) and the U.S. Department of Labor (DOL) require the following certifications and contract requirements to be included in contracts and subcontracts funded in whole or part with Federal financial assistance. Since Vendor’s contract is so funded, Vendor certifies and assures as follows and agrees to include the following certifications and assurances in each subcontract with any subcontractors Vendor may hire to perform all or part of the work covered by the contract:

1. Federal Cost Principals and Audit Requirements:

The federal cost principles and audit requirements of this contract are governed by the cost principles and audit requirements of OMB found in 2 CFR Part 200, as amended (Part 200), and of DOL found in 2 CFR Part 2900, as amended (Part 2900), the successor regulations to OMB Circulars No. A-87 and No. A-133, 2 CFR Part 225 (OMB), and 29 CFR Parts 96 and 99 (DOL).

Vendor acknowledges that for purposes of this contract and Parts 200 and 2900, Vendor is a Contractor as defined under 2 CFR

200.23 and not an Auditee, Non-Federal entity, Recipient, nor Subrecipient as defined under 2 CFR 200.6, 200.69, 200.86, and

200.93 respectively.

2. Mandatory State Energy Efficiency Standards and Policies (As Applicable):

As applicable, the mandatory standards and policies, if any, relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201) are incorporated herein in their entirety.

3. Contracts > $10,000 (If Not Provided Elsewhere) / Termination For Cause & Remedies; Termination For Convenience:

If not provided for elsewhere in this contract, and if the value of this contract is more than $10,000, the following provisions are part of this contract:

(a) Termination for Cause and Remedies.

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 herein, the State retains its rights to seek any available legal or equitable remedies and damages.

(b) Termination for Convenience.

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

4. Contracts ≥ $100,000 or More / Anti-Lobbying Certification:

If the value of this contract is $100,000 or more, Vendor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Vendor also certifies that it has disclosed to the State any lobbying with non-Federal funds that took or takes place in connection with obtaining any such Federal award.

B-2 (10/2015) 2

5. Contracts > $150,000 / Clean Air Act & Federal Water Pollution Control Act Certification:

If the value of this contract is more than $150,000, Vendor certifies that it shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387).

6. Suspension, Debarment, Exclusion, or Disqualification from Contract Certification:

Vendor certifies that it and its principals are not prohibited from participating in this contract because it or any of its principals are suspended, debarred, proposed for debarment, excluded (voluntarily or otherwise), or disqualified under 29 CFR Part 98, and that it will comply with 29 CFR Part 98 as a condition of participating in this contract and will require, if applicable, any subcontractor(s) to comply with 29 CFR Part 98 as a condition of participating in any subcontract(s) under this contract. This certification includes, without limitation, Vendor’s certification that it is not listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.”

7. Nondiscrimination and Equal Opportunity under the Workforce Innovation and Opportunity Act Certification:

Vendor certifies that it will comply fully with the nondiscrimination and equal opportunity regulations implemented under Title I of the Workforce Innovation and Opportunity Act of 2014, as amended (WIOA), which are codified at 29 CFR Part 37 and incorporated herein by reference, and which require full compliance with: Section 188 of WIOA; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended;

title IX of the Education Amendments of 1972, as amended; and 29 CFR Part 37 and all other regulations implementing the laws listed above. The United States has the right to seek judicial enforcement of this assurance.

B-3 (3/1/13)

ATTACHMENT B-3

PROTECTION OF SOCIAL SECURITY NUMBERS

CONTRACTOR/SUBCONTRACTOR POLICY STATEMENT

The Identity Protection Act, 5 ILCS 179/1 et seq. (“IPA”), requires the Illinois Department of Employment Security (“IDES”) to implement certain policies and procedures to protect Social Security numbers (“SSN” or “SSNs”) used in the administration of IDES programs and services, including SSNs disclosed to other entities when disclosure is necessary to the performance of IDES duties and responsibilities. Under the IPA, before SSNs may be disclosed to contractors or subcontractors IDES must obtain in writing the policies the contractors or subcontractors will follow to protect the disclosed SSNs in accord with the requirements of the IPA.

This policy statement will serve as written acknowledgement by the undersigned contractor or subcontractor (“Recipient”) that any and all SSNs disclosed by IDES will be protected in accord with the policies set forth herein:

1. The Recipient acknowledges that any SSNs disclosed by IDES will be utilized solely for the specific purpose(s) and use(s) identified in the pertaining contract, subcontract, grant, subgrant, or other agreement between IDES and the Recipient (“Agreement”). The Recipient affirms that it will not utilize any disclosed SSNs other than for said purpose(s) and use(s) without the prior written consent of IDES, and that it will not archive or retain any disclosed SSNs in any manner, form, or format after the termination of the Agreement.

2. The Recipient affirms that only the officers and employees of the Recipient who have a need to access disclosed SSNs for the purpose(s) and use(s) identified in the Agreement will have access to disclosed SSNs. The Recipient also affirms that it is responsible for enforcing this restriction of access to disclosed SSNs, and that all of the officers and employees of the Recipient who will have access to disclosed SSNs have been trained to protect the confidentiality of SSNs in accord with this policy statement. Training shall include instructions on proper handling of disclosed SSNs from receipt through disposal (see Paragraph 7).

3. The Recipient acknowledges that all SSNs disclosed by IDES are confidential and will be protected from unauthorized use and/or disclosure. Protection from unauthorized use and/or disclosure includes:

a) Restricting access to disclosed SSNs to authorized personnel in accord with Paragraph 2;

b) Storing materials, documents, or media containing disclosed SSNs in a place and/or manner physically secure from access by unauthorized persons;

c) Maintaining disclosed SSNs reduced to electronic or digital media or formats such as magnetic tapes, hard drives, flash drives, CDs or server-based applications in such a way that unauthorized persons cannot access or obtain disclosed SSNs by any means; and

d) Applying security measures to computer systems ensuring that only authorized personnel will have access to disclosed SSNs accessible through said computer systems.

4. The Recipient affirms that it complies with all applicable laws, regulations, and State and federal legal authorities relating to the protection of disclosed SSNs, including, without limitation:

a) Federal regulations codified at 20 CFR 603 pertaining to recipients of unemployment compensation information;

b) The Illinois Data Processing Confidentiality Act, 30 ILCS 585/0.01 et seq.;

c) Section 1900 of the Illinois Unemployment Insurance Act, 820 ILCS 405/1900; and

d) Section 10(c)(1) of the IPA, 5 ILCS 179/10(c)(1).

5. The Recipient affirms that it will not subcontract, subgrant, or otherwise transfer or assign any of the Recipient’s duties or obligations involving disclosed SSNs under the Agreement without the prior written consent of IDES, and/or the approval and/or execution of an appropriate subcontract, subgrant, or other third-party agreement by IDES.

6. The Recipient affirms that it will retain records of access to and use of disclosed SSNs for a period of three years following receipt of the

SSNs, and will allow on-site inspections by IDES to verify SSN security and usage as well as audit access during the three year period after the receipt of the SSNs. The Recipient also affirms that it will correct any security and/or usage deficiency(ies) identified by IDES promptly upon receipt of written notice of said deficiency(ies).

7. The Recipient acknowledges that the materials, documents, or media of any type or form that contain SSNs disclosed by IDES are the property of and shall be returned to IDES upon request. The Recipient also acknowledges that it is responsible for the disposal of said materials, documents, or media upon termination of the Agreement. “Disposal”” means the return or delivery of said materials, documents, or media to IDES, or the destruction of same, as directed by IDES.

Recipient

Name:

(Print)

By:

(Signature)

Title:

Date: