Current through Register Vol. 48, No. 12, March 22, 2024
The following terms and conditions, or substitute language
proposed by the Bidder and acceptable to the Agency, whether in a contract form
or not, shall apply to any contract resulting from these procedures:
a) Entire Agreement - These terms and
conditions, together with the Invitation for Bids, other written representation
of Bidder, and all sheets or documents as are made a part hereof, shall
constitute the entire present agreement between the parties.
b) Modifications - No change in, addition, or
waiver of the items, conditions and specifications contained herein shall be a
binding obligation on the Agency unless approved in writing by its authorized
representative.
c) Warranties -
Bidder makes the following warranties to Agency and its customers and the users
of the goods or services herein described in the bid:
1) It will, at the date of delivery, have
good title to any and all goods supplied hereunder, and said goods will be free
and clear of any and all liens and encumbrances,
2) Any and all goods supplied hereunder will
be merchantible quality and fit for the particular use intended,
3) Will be free from defects, whether patent
or latent in material or workmanship, and will be in full conformity with the
specifications contained herein.
4)
Bidder agrees that the foregoing warranties shall survive acceptance of the
goods, and that said warranties shall be in addition to any warranties of
additional scope given to Agency by Bidder. The warranty in subsection (2)
above may be modified if expressly brought to the attention of the Agency and
an acceptable substitute offered.
d) Governing Law - The contract formed
pursuant to the terms, conditions and specifications of the Invitation for Bids
and the obligations thereby imposed on Bidder and Agency shall be governed by
and construed according to the laws of the State of Illinois. Bidder represents
and agrees that the goods herein described have not been or will not be
manufactured, sold, priced or transported in violation of any federal, state or
local law or any lawful order, rule or regulations issued thereunder.
e) Assignment - Bidder shall not assign such
contract without the written consent of the Agency by the Director of
Purchasing.
f) Equal Employment
Opportunity - In the event of the bidder's non-compliance with the provisions
of this Equal Employment Opportunity Clause, the Illinois Human Rights Act
(Ill. Rev. Stat. 1991, ch. 68, pars. 1-101 et seq.) or the Rules of the
Illinois Department of Human Rights (44 Ill. Adm. Code 750) ("Department"), the
Bidder shall be declared ineligible for future contracts or subcontracts with
the State of Illinois or any of its political subdivisions or municipal
corporations, and the contract shall be cancelled or voided in whole or in
part, and such other sanctions or penalties shall be imposed or remedies
invoked as provided by statute or regulation. During the performance of this
contract, the Bidder agrees as follows:
1)
That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an
unfavorable discharge from military service, and further that it will examine
all job classifications to determine if minority persons or women are
under-utilized and will take appropriate affirmative action to rectify any such
under-utilization.
2) That, if it
hires additional employees in order to perform this contract or any portion
thereof, it will determine the availability (in accordance with the
Department's Rules) of minorities and women in the area(s) from which it may
reasonably recruit and it will hire for each job classification for which
employees are hired in such a way that minorities and women are not
under-utilized.
3) That, in all
solicitations or advertisements for employees placed by it or on its behalf, it
will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, marital status, national
origin or ancestry, age, physical or mental handicap unrelated to ability, or
an unfavorable discharge from military service.
4) That it will send to each labor
organization or representative of workers with which it has or is bound by a
collective bargaining or other agreement or understanding, a notice advising
such labor organization or representative of the Bidder's obligations under the
Illinois Human Rights Act and the Department's Rules. If any such labor
organization or representative fails or refuses to cooperate with the Bidder in
its efforts to comply with such Act and Rules, the Bidder will promptly so
notify the Department and the Agency and will recruit employees from other
sources when necessary to fulfill its obligations thereunder.
5) That it will submit reports as required by
the Department's Rules, furnish all relevant information as may from time to
time be requested by the Department or the Agency, and in all respects comply
with the Illinois Human Rights Act and the Department's Rules.
6) That it will permit access to all relevant
books, records, accounts and work sites by personnel of the Agency and the
Department for purposes of investigation to ascertain compliance with the
Illinois Human Rights Act and the Department's Rules.
7) That it will include verbatim or by
reference the provision of this clause in every subcontract it awards under
which any portion of the contract obligations are undertaken or assumed, so
that such provisions will be binding upon such subcontractor. In the same
manner as with other provisions of this contract, the Bidder will be liable for
compliance with applicable provisions of this clause by such subcontractors;
and further it will promptly notify the Agency and the Department in the event
any subcontractor fails or refuses to comply therewith. In addition, the
contractor will not utilize any subcontractor declared by the Illinois Human
Rights Commission to be ineligible for contracts or subcontracts with the State
of Illinois or any of its political subdivisions or municipal
corporations.
g) Other
Terms and Conditions - Any terms and conditions not set forth herein shall be
as specified in the request for proposal or invitation for bid and/or the
resulting contract.
h) Anti-Bribery
- By signing the bid or contract, the bidder certifies that he/she has not
bribed or attempted to bribe an officer or employee of the State of
Illinois.
i) Insurance - Each
bidder shall carry full workers' compensation insurance and public liability
insurance sufficient to protect the Agency's interests.