Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 335 - CONFIDENTIAL CONTRACTS › Subpart B - ACCESS TO CONTRACTS › Appendix B - Agreement for Part-time Employees or Independent Contractors of Authorized Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
ACCESS FOR PART-TIME EMPLOYEES OR INDEPENDENT
				  CONTRACTORS
RETAINED BY THE ATTORNEY GENERAL OF THE STATE OF
				  ILLINOIS,
THE CITIZENS UTILITY BOARD OR THE OFFICE OF PUBLIC
				  COUNSEL
Section 1 (must be completed)
1. I, _______________________, enter into this agreement for the
				  purpose of receiving access to a certain contract identified as
				  _____________________ (contract) which (utility), an Illinois public utility, has
				  filed with the Illinois Commerce Commission on a confidential basis pursuant to
				  Section 9-102.1 of the Public Utilities Act. The effective date of this agreement
				  (effective date) is ____________________. I am a part-time employee of or
				  independent contractor (independent contractor) employed/retained by the [Citizens
				  Utility Board] [Office of the Attorney General] [Office of Public Counsel] (the
				  authorized agency), and I hereby agree not to copy or duplicate the contract and not
				  to use the information contained in the contract for purposes other than for
				  reviewing it for compliance with the Public Utilities Act [220 ILCS 5 ]. I agree to
				  keep the contract and all information contained therein, and any information
				  redacted in accordance with 83 Ill. Adm. Code
				  335.110(b) or
				  (c), confidential; and not to divulge the terms of
				  the contract or any information coming to my knowledge from the contract to any
				  person other than a person authorized to have access to the contract pursuant to
				  Section 9-102.1 of the Public Utilities Act who has executed a confidentiality
				  agreement pursuant to 83 Ill. Adm. Code 335 with respect to the contract.
2. I certify that I am not currently providing and will not
				  provide, for a period of one year from the date that my right of access to the
				  contract under this agreement terminates, consulting or other services to a
				  competitor of the utility or a customer of the utility which consulting or other
				  services relate to negotiations for a contract for rates for utility service or
				  otherwise relate in subject matter or scope to material terms of the
				  contract.
3. I understand that, if I breach this confidentiality agreement,
				  the utility may bring a legal action seeking recovery of all costs, losses or
				  damage, including attorneys' fees, resulting directly or indirectly from disclosure
				  or use of any information contained in the contract in violation of this
				  agreement.
4. Access to the contract shall be permitted by this agreement
				  until the earliest of: (i) one year from the effective date; (ii) the date on which
				  my employment or consulting contract with the authorized agency is terminated; or
				  (iii) the date on which the utility terminates my right of access to the contract
				  for cause in accordance with 83 Ill. Adm. Code
				  335.140.
5. The confidentiality requirements stated in this agreement shall
				  remain permanently in effect unless, until and to the extent that information
				  contained in the contract becomes part of the public domain otherwise than through
				  the breach of a confidentiality agreement by a party authorized to have access to
				  the contract pursuant to 83 Ill. Adm. Code 335 (Part 335).
6. If I receive the authorized agency's copy of the contract for
				  review at my premises in accordance with 83 Ill. Adm. Code
				  335.110(c),
				  I agree to maintain the contract in a locked or secured location and to ensure that
				  the contract is not made available to anyone other than individuals who are
				  authorized by the provisions of Part 335 to review the contract and who have
				  executed a confidentiality agreement pursuant to Part 335 with respect to the
				  contract. I agree not to duplicate or reproduce the contract in any manner. I
				  further agree that, at the earlier of the end of the retention period (as defined in
				  83 Ill. Adm. Code
				  335.120(c)
				  ) or such extended or additional period as is permitted under 83 Ill. Adm. Code
				  335.120(c) or
				  (d); or the date that my right of access to the
				  contract terminates in accordance with Paragraph 4 above, I will return the contract
				  to the authorized agency for return to the public utility.
7. I acknowledge that I have reviewed the provisions of Part 335
				  and that I understand and will fully comply with those provisions.
8. The utility may make a reasonable inquiry into the facts
				  required to establish that I have implemented and enforced reasonable procedures to
				  ensure that the terms and conditions of this agreement are fully complied with and I
				  agree to furnish the utility with the information that is reasonably necessary to
				  conduct such an inquiry. If, as a result of such inquiry, the utility has reason to
				  believe that I am failing to comply with this agreement, the utility may take such
				  action as it determines is necessary to protect its interests, including, but not
				  limited to, terminating this agreement and directing the return of all contracts
				  provided pursuant to this agreement.
Dated:
Signature
Title
Section 2 (must be completed)
I, ___________________________________, the/a [Executive Director
				  of the Citizens Utility Board] [Attorney General or his/her designee] [Public
				  Counsel or his/her designee], hereby certify that the person whose signature appears
				  above is a part-time employee of or an independent contractor employed/retained by
				  the authorized agency. The authorized agency agrees not to copy or duplicate the
				  contract and not to use the information contained in the contract for purposes other
				  than for reviewing it for compliance with the Public Utilities Act [220 ILCS 5]. The
				  authorized agency also agrees to keep this agreement, the contract and all
				  information contained therein, and any information redacted in accordance with 83
				  Ill. Adm. Code
				  335.110(b) or
				  (c), confidential, and not to divulge the terms of
				  the contract or any confidential information which is the subject of this agreement
				  to any person other than a person authorized to receive access to such confidential
				  contracts pursuant to Section 9-102.1 of the Public Utilities Act who has executed a
				  confidentiality agreement pursuant to 83 Ill. Adm. Code 335 with respect to the
				  contract.
Dated:
Signature
Title
Section 3 (must be completed)
I, ____________________________, an officer
				  of_____________________________, an Illinois public utility, state that the person
				  whose name appears in Section 1 is acceptable for purposes of being given access to
				  the contract pursuant to the terms of this agreement, and that this agreement should
				  be filed with the Chief Clerk of the Illinois Commerce Commission in accordance with
				  83 Ill. Adm. Code
				  335.110(d).
Dated:
Signature
Title