R2010-42 AUTHORIZING AGREEMENT WITH THE STATE FOR IMPROVEMENT OF FRANKLIN STREET BRIDGE

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convicted of this offense or an;� similar offense of any state or the United St�tes which contains the same elements as this offense shail be barred for � years from t�e date of conviction from contracting with any unit of State or local government. No corporation shall be barred from contractin� with any unit of State or local government �s a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation, and: (1) it has been finally adjudicated not guiity, or (2) if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was — --neith�rauthorized;requ�sted;-commarrded�-rror-�Rrforrrred-k�y-a-dfrectar,-�fficer�-or-a-- high managerial agent in behalf of the corporation. A violation of Section 33E-4 wei.�id be represented by a conviction of the crime of bid- rotating which, in addition to Class 2 felony sentencing, provides that any person convicted of this offense or any similar offense of any state or th� United St�tes which contains the same elements as this offense shall be permanently barred from contracting with any unit of State or local government. No corporation shall be barred from contracting with any unit of State or local government as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer empioyed by the corporation and: (1) it has been finally adjudicated not guilty, or(2) if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer, or a high managerial agent in behalf of the corporation. The COMPANY certifies that it is not barred from contracting with the Depar�ment by reason of a violation of either �ection 33E-3 or Section 33E-4. International Anti-Boycott. Section 5 of the International Anti-Boycott Certification Act provides that every contract entered into by the State of Illinois for tfie manufacture, furnishing, or purchasing of supplies, material, or equipment or for the furnishing of work, labor, or services, in an amoun# exceeding the threshold for small purchases according to the purchasing laws of this State or $10,000, whichever is less; shall confiain certification, as a material condition of the contract, by which the COMPANY agrees that neither it nor any substantially-owned affiliated company is par�icipating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. Th:: COMPANY makes the certification set forth in Section 5 of the Act. Delinquent Payment. The COMPANY certifiies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50-11prohibits a person from entering into a contract with a State agency if it knows or should know that it, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50-12 prohibits a person from entering into a contract with a State agency if it, or any affiliate, has failed to collect and remit Illinois Use tax on all sales of tangible property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The COMPANY further acknowledges that the confracting State agency may declare the contract void if this certification is false or if the COMPANY, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. -2-