Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 290 - CONTRACT CONTENT › Appendix A - Suggested Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions set forth below are suggested only. It is
				recommended that agencies review their contractual agreements to ascertain
				whether inclusion of any of the below listed provisions would be
				beneficial.
a) Termination
1) In many cases it is advisable to provide for
				termination after written notice. Suggested language is set forth below:
This contract may be terminated by either party upon
				______days written notice. Upon termination the Vendor shall be paid for work
				satisfactorily completed prior to the date of termination.
2) The following alternative termination provision
				should be used where the final product to be produced is the principal object
				of the contract and the preliminary drafts or reports would be substantially
				useless:
This contract may be terminated by either party upon
				______days written notice. Upon termination the Vendor shall be paid for
				useable work completed to the satisfaction of the State prior to the date of
				termination.
b) Work Product
In cases where the contractor will produce a written
				document it is advisable to specify that the work product is the property of
				the State. Suggested language is set forth below:
All documents including reports and all other work
				products produced by the Vendor under this Contract, shall become and remain
				the property of the State.
c) Travel Expenses
Where applicable the following provision may be used
				for travel expenses:
The vendor shall be reimbursed for necessary travel
				expenses incurred in fulfilling his obligations under this contract. Such
				expenses shall be reimbursed at the rates and for the purposes applicable to
				employees of the Department.
d) Unlawful Discrimination
1) Suggested language for unlawful discrimination
				provisions is set forth below:
A) Vendor agrees not to commit unlawful
				discrimination in employment in Illinois as that term is used in Article 2 of
				the Illinois Human Rights Act (Ill. Rev. Stat. 1987, ch. 68, par. 1-101 et
				seq.) and further agrees to take affirmative action to ensure that no unlawful
				discrimination is committed.
B) Vendor agrees to comply with "An Act to prohibit
				discrimination and intimidation on account of race, creed, color, sex,
				religion, physical or mental handicap unrelated to ability, or national origin
				in employment under contracts for public buildings or public works", (Ill. Rev.
				Stat. 1987 ch. 29, par. 17 et seq.). The provisions of this Act are made a part
				of this contract by reference as though set forth in full herein.
2) Where the contract is wholly or partially funded
				with federal financial assistance, the following provision may also be
				included:
Vendor agrees that, if it receives funds which are
				wholly or partially allotted to the State of Illinois, Department (or division,
				office, bureau, district) of _______, from Federal financial assistance, it
				shall comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794
				). The provisions of that Section are made a part of this contract by reference
				as though set forth in full herein.
e) Federal Taxpayer Identification Number (TIN):
				Agencies are required by the Internal Revenue Service to provide the following
				instructions to vendors for use in completing the certification provided in
				Section 290.Appendix B (16)):
Enter your taxpayer identification number in the
				appropriate space. For individuals and sole proprietors, this is your social
				security number. For other entities, it is your employer identification number.
				Federal Employer Identification Numbers (FEINs) must not be used for sole
				proprietorships.
If you do not have a TIN, apply for one immediately.
				To apply, get Form SS-5, Application for a Social Security Number Card (for
				individuals) from your local office of the Social Security Administration, or
				Form SS-4, Application for Employer Identification Number (for businesses and
				all other entities), from your local Internal Revenue Service office.
To complete the certification if you do not have a
				TIN, fill out the certification indicating that a TIN has been applied for,
				sign and date the form, and return it to this agency. As soon as you receive
				your TIN, fill out another such form including your TIN, sign and date the
				form, and give it to this agency.
If you fail to furnish your correct TIN to this
				agency, you are subject to an IRS penalty of $50 for each such failure unless
				your failure is due to reasonable cause and not to willfull neglect.
WILLFULLY FALSIFYING CERTIFICATIONS OR AFFIRMATIONS
				MAY SUBJECT YOU TO CRIMINAL PENALTIES INCLUDING FINES AND/OR
				IMPRISONMENT.