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DocuSign Envelope ID:43D4036D-D682-462E-A5F7-A934F6159889
<br /> Agreement No. OP-24-47-IL
<br /> i. the employee, officer, board member, or agent;
<br /> ii. any member of his or her immediate family;
<br /> iii. his or her partner; or
<br /> iv. an organization that employs, or is about to employ, any of the above.
<br /> The conflict of interest restriction for former employees, officers, board members and agents shall apply
<br /> for one year.
<br /> The code shall also provide that PARTICIPANT's employees, officers, board members, or agents shall
<br /> neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential
<br /> contractors, or parties to subcontracts. The DEPARTMENT may waive the prohibition contained in this
<br /> subsection, provided that any such present employee, officer, board member, or agent shall not participate
<br /> in any action by the PARTICIPANT or the locality relating to such contract, subcontract, or arrangement.
<br /> The code shall also prohibit the officers, employees, board members, or agents of the PARTICIPANT from
<br /> using their positions for a purpose that constitutes or presents the appearance of personal or
<br /> organizational conflict of interest or personal gain.
<br /> b. Organizational Conflict of Interest—The PARTICIPANT will also prevent any real or apparent
<br /> organizational conflict of interest. An organizational conflict of interest exists when the nature of the work
<br /> to be performed under a proposed third-party contract or subcontract may,without some restriction on
<br /> future activities, result in an unfair competitive advantage to the third party contractor or PARTICIPANT or
<br /> impair the objectivity in performing the contract work.
<br /> 2. Bonus or Commission-The PARTICIPANT warrants that no person or selling agency has been employed or
<br /> retained to solicit or secure this Agreement upon an agreement or understanding for a commission,
<br /> percentage, brokerage, or contingent fee. The State shall have the right to annul this Agreement without
<br /> liability, or at its discretion to deduct such commission or fee. No State officer or employee, or member of the
<br /> State General Assembly or of any unit of local government who or that contributes to the State Funds shall
<br /> be allowed to share in any part of this Agreement or to any benefits arising therefrom.
<br /> 3. Bribery- Non-governmental recipients and third party contractors shall certify that they have not been
<br /> convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government,
<br /> nor has the PARTICIPANT made an admission of guilt of such conduct that is a matter of record, nor has an
<br /> official, agent or employee of the PARTICIPANT or third party contractors committed bribery or attempted
<br /> bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of the
<br /> PARTICIPANT. Such PARTICIPANT or third-party contractors shall further certify that they have not been
<br /> barred from contracting with a unit of the State or local government as a result of a violation of Section 33E-3
<br /> or 33E-4 of the Illinois Criminal Code.
<br /> Q. DRUG FREE WORKPLACE PARTICIPANT agrees to comply with the provisions of the Illinois Drug Free
<br /> Workplace Act(30 ILCS 580/1 et seq.)which mandates no participant or contractor shall receive a grant or be
<br /> considered for the purposes of being awarded a contract for the procurement of any property or services from the
<br /> State unless that grantee or contractor has certified to the State that the grantee or contractor will provide a drug
<br /> free workplace. False certification or violation of the certification may result in sanctions including, but not limited
<br /> to, suspension of contract or grant payments,termination of the contract or grant and debarment of contracting or
<br /> grant opportunities with the State for at least one(1)year but not more than five(5)years.
<br /> For the purpose of this certification, "participant"or"contractor" means a corporation, partnership, or other entity
<br /> with twenty-five(25)or more employees at the time of issuing the Agreement, or a department, division, or other
<br /> unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the
<br /> State.
<br /> PARTICIPANT certifies and agrees that it will provide a drug free workplace by:
<br /> 1. Publishing a statement:
<br /> a. Notifying employees that the unlawful manufacture, distribution,dispensing, possession or use of a
<br /> controlled substance, including cannabis, is prohibited in the PARTICIPANT's workplace.
<br /> b. Specifying the actions that will be taken against employees for violations of such prohibition.
<br /> Printed 08/17/21 Page 9
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