Web viewAll Contractors are expected to comply with the Immigration and Reform Control Act of 1986...

REQUEST FOR PROPOSAL (RFP)

Bid Event Number:

EVT0002622

Requisition ID:

26400-13887

Date Posted:

September 5, 2013

Closing Date:

October 7, 2013, 2:00 PM

Procurement Officer:

Greg DavisTelephone: 785-296-2770E-Mail Address: [email protected] Address: http://da.ks.gov/purch

Item:

Legal Services – Worker’s Compensation Claims

Agency:

Department of Health and Environment – Division of Health Care Finance – State Self Insurance Fund (SSIF)

Period of Contract:

January 1, 2014 through December 31, 2016(with two (2) one (1) year renewals)

Guarantee:

No Monetary Guarantee Required

Scope:

This Contract shall cover the procurement of Legal Services for the Department of Health and Environment during the contract period referenced above.

Event Number EVT0002622 was recently posted to the Procurement and Contracts Internet website.

The document can be downloaded by going to the following website:

http://www.da.ks.gov/purch/Contracts/bids.aspx

It shall be the bidder's responsibility to monitor this website on a regular basis for any changes/amendments.

http://www.da.ks.gov/purch/Contracts/bids.aspx

http://da.ks.gov/purch

mailto:[email protected]

Exhibit 1 – Technical ProposalBid Event #2622

SSIF Legal Services issued 2013Effective Date 1/1/2014

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SIGNATURE SHEET

Item: Legal Services – Workman’s Compensation Claims

Agency: Department of Health and Environment

Closing Date: October 7, 2013

By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.

Legal Name of Person, Firm or Corporation

Mailing Address City & State Zip

Toll Free Telephone Local Cell: Fax

Tax Number CAUTION: If your tax number is the same as your Social Security Number (SSN), you must leave this line blank. DO NOT enter your SSN on this signature sheet. If your SSN is required to process a contract award, including any tax clearance requirements, you will be contacted by an authorized representative of the Division of Purchases at a later date.

E-Mail

Signature Date

Typed Name Title

In the event the contact for the bidding process is different from above, indicate contact information below.

Bidding Process Contact Name



E-Mail

If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.

Award Contact Name



E-Mail _________________________________________



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TAX CLEARANCE INSTRUCTIONSPLEASE NOTE: THIS INFORMATION HAS CHANGED EFFECTIVE 10/27/09

A “Tax Clearance” is a comprehensive tax account review to determine and ensure that the account is compliant with all primary Kansas Tax Laws administered by the Kansas Department of Revenue (KDOR) Director of Taxation. Information pertaining to a Tax Clearance is subject to change(s), which may arise as a result of a State Tax Audit, Federal Revenue Agent Report, or other lawful adjustment(s).

To obtain a Tax Clearance Certificate, you must: Go to http://ksrevenue.org/taxclearance.htm l to request a Tax Clearance Certificate Return to the website the following working day to see if KDOR will issue the certificate If issued an official certificate, print it and attach it to your bid response If denied a certificate, engage KDOR in a discussion about why a certificate wasn’t issued

Bidders (and their subcontractors) are expected to submit a current Tax Clearance Certificate with every event response .

Per KSA 75-3740-(c), the Director of Purchases may reject the bid of any bidder who is in arrears on taxes due the State of Kansas. The Secretary of the Kansas Department of Revenue is authorized to exchange such information with the Director of Purchases as is necessary to determine a bidder’s tax clearance status, notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information.

Please Note: Individual and business applications are available. For applications entered prior to 5:00 PM Monday through Friday, results typically will be available the following business day. Tax clearance requests may be denied if the request includes incomplete or incorrect information.

Please Note: You will need to sign back into the KDOR website to view and print the official tax clearance certificate.

Procurement and Contracts reserves the right to confirm tax status of all potential contractors and subcontractors prior to the release of a purchase order or contract award.

In the event that a current tax certificate is unavailable, Procurement and Contracts reserves the right to notify a bidder (one that has submitted a timely event response) that they have to provide a current Tax Clearance Certificate within ten (10) calendar days, or the Division may proceed with an award to the next lowest responsive bidder, whichever is determined by the Director of Purchases to be in the best interest of the State.

http://ksrevenue.org/taxclearance.html



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CERTIFICATION REGARDINGIMMIGRATION REFORM & CONTROL

All Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages.

Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract.

At the State’s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor’s compliance with any provision, duty, certification, or the like under the contract.

Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract.

____________________________________________ ______________________Signature, Title of Contractor date



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1. INSTRUCTIONS

1.1. Bid Event ID: The Bid Event ID, indicated in the header of this page, as well as on the first page of this proposal, has been assigned to this RFP and MUST be shown on all correspondence or other documents associated with this RFP and MUST be referred to in all verbal communications. All inquiries, written or verbal, shall be directed only to the procurement officer reflected on Page 1 of this proposal. There shall be no communication with any other State employee regarding this RFP except with designated state participants in attendance ONLY DURING:

Negotiations Contract Signing as otherwise specified in this RFP.

Violations of this provision by bidder or state agency personnel may result in the rejection of the proposal.

1.2. Questions/Amendment: No pre-proposal conference is scheduled for this Bid Event. Questions requesting clarification of the Bid Event must be submitted via email (in MS Word format) to the Procurement Officer (Event Contact) indicated above prior to the close of business on September 19, 2013. Each question or clarification should reference the appropriate Bid Event section.

Failure to notify the Procurement Officer (Event Contact) of any conflicts or ambiguities in the Bid Event may result in items being resolved in the best interest of the State. Any modification to this Bid Event as a result of written responses to questions received, shall be made in writing by amendment and dispatched to all bidders invited to this event. Only written communications are binding.

Answers to questions will be available in the form of an amendment on the Procurement and Contracts' website, http://da.ks.gov/purch.

It shall be the responsibility of all participating bidders to acquire any and all amendments and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time. Bidders are required to check the website periodically for any additional information or instructions.

1.3. Negotiated Procurement: This is a negotiated procurement pursuant to K.S.A. 75-37,102. Final evaluation and award will be made by the Procurement Negotiation Committee (PNC) consisting of the following entities (or their designees):

Secretary of Department of Administration; Director of Purchases, Department of Administration; and Head of Using Agency

1.4. Appearance Before Committee: Any, all or no bidders may be required to appear before the PNC to explain the bidder's understanding and approach to the project and/or respond to questions from the PNC concerning the proposal; or, the PNC may award without conducting negotiations, based on the initial proposal. The PNC reserves the right to request information from bidders as needed. If information is requested, the PNC is not required to request the information of all bidders.

Bidders selected to participate in negotiations may be given an opportunity to submit a revised technical and/or cost proposal/offer to the PNC, subject to a specified cut off time for submittal of revisions. Meetings before the PNC are not subject to the Open Meetings Act. Bidders are prohibited



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from electronically recording these meetings. All information received prior to the cut off time will be considered part of the bidder's revised offer.

No additional revisions shall be made after the specified cut off time unless requested by the PNC.

1.5. Cost of Preparing Proposal: The cost of developing and submitting the proposal is entirely the responsibility of the bidder. This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating for the contract and other costs associated with this RFP.

1.6. Preparation of Proposal: Prices are to be entered in spaces provided on the cost proposal form if provided herein. Computations and totals shall be indicated where required. In case of error in computations or totals, the unit price shall govern. The PNC has the right to rely on any prices provided by bidders. The bidder shall be responsible for any mathematical errors. The PNC reserves the right to reject proposals which contain errors.

All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal" or "Technical Proposal" with the Bid Event ID number and closing date.

A proposal shall not be considered for award if the price in the proposal was not arrived at independently and without collusion, consultation, communication or agreement as to any matter related to price with any other bidder, competitor or public officer/employee.

Technical proposals shall contain a concise description of bidder's capabilities to satisfy the requirements of this RFP with emphasis on completeness and clarity of content. Repetition of terms and conditions of the RFP without additional clarification shall not be considered responsive.



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1.7. Signature of Proposals: Each proposal shall give the complete legal name and mailing address of the bidder and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. If the contract's contact will be a different entity, indicate that individual's contact information for communication purposes. Each proposal shall include the bidder's tax number.

1.8. Acknowledgment of Amendments: All bidders shall acknowledge receipt of any amendments to this RFP by returning a signed hard copy with the bid. Failure to acknowledge receipt of any amendments may render the proposal to be non-responsive. Changes to this RFP shall be issued only by Procurement and Contracts in writing.

1.9. Modification of Proposals: A bidder may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals.

1.10. Withdrawal of Proposals: A proposal may be withdrawn on written request from the bidder to the Procurement Officer at Procurement and Contracts prior to the closing date.

1.11. Competition: The purpose of this RFP is to seek competition. The bidder shall advise Procurement and Contracts if any specification, language or other requirement inadvertently restricts or limits bidding to a single source. Notification shall be in writing and must be received by Procurement and Contracts no later than five (5) business days prior to the bid closing date. The Director of Purchases reserves the right to waive minor deviations in the specifications which do not hinder the intent of this RFP.

1.12. Evaluation of Proposals: Award shall be made in the best interest of the State as determined by the PNC or their designees. Although no weighted value is assigned, consideration may focus toward but is not limited to:

Cost. Bidders are not to inflate prices in the initial proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations. The State reserves the right to award to the lowest responsive bid without conducting formal negotiations, if authorized by the PNC.

Adequacy and completeness of proposal Bidder's understanding of the project Compliance with the terms and conditions of the RFP Experience in providing like services Qualified staff Methodology to accomplish tasks Response format as required by this RFP

1.13. Acceptance or Rejection: The Committee reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; clarify any ambiguities in proposals; modify any criteria in this RFP; and unless otherwise specified, to accept any item in a proposal.

1.14. Proposal Disclosures: At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. A List of Bidders may be obtained in the following manner:

Attending the public bid opening at the time and date noted on the Bid Event, or Requesting a List of Bidders via e-mail to [email protected] or in writing to the following address.

Include the Bid Event number in all requests.

Kansas Department of Administration




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Procurement and ContractsAttention: Bid Results800 SW Jackson, Suite 600Topeka, KS 66612-1216

Once a contract has been executed, the Bid Tabsheet is available upon request following the same instructions noted above.

Bid results will not be given to individuals over the telephone.

Copies of individual proposals may be obtained under the Kansas Open Records Act by sending an email to [email protected] or calling 785-296-0002 to request an estimate of the cost to reproduce the documents and remitting that amount with a written request to the above address or a vendor may make an appointment by calling the above number to view the proposal file. Upon receipt of the funds, the documents will be mailed. Information in proposal files shall not be released until a contract has been executed or all proposals have been rejected.

1.15. Disclosure of Proposal Content and Proprietary Information: All proposals become the property of the State of Kansas. The Open Records Act (K.S.A. 45-215 et seq) of the State of Kansas requires public information be placed in the public domain at the conclusion of the selection process, and be available for examination by all interested parties. (http://da.ks.gov/purch/KSOpenRecAct.doc) No proposals shall be disclosed until after a contract award has been issued. The State reserves the right to destroy all proposals if the RFP is withdrawn, a contract award is withdrawn, or in accordance with Kansas law. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the bidder.

If any part or all of the proposal is marked as being copyrighted, by submission of the proposal itself, the proposer provides the State of Kansas full authority to provide copies of such material, either in paper format or electronically, to interested parties in order for the State to meet its obligations under the Kansas Open Records Act.

Trade secrets or proprietary information legally recognized as such and protected by law may be requested to be withheld if clearly labeled "Proprietary" on each individual page and provided as separate from the main proposal. Pricing information is not considered proprietary and the bidder's entire proposal response package will not be considered proprietary.

All information requested to be handled as "Proprietary" shall be submitted separately from the main proposal and clearly labeled, in a separate envelope or clipped apart from all other documentation. The bidder shall provide detailed written documentation justifying why this material should be considered "Proprietary". Procurement and Contracts reserves the right to accept, amend or deny such requests for maintaining information as proprietary in accordance with Kansas law.

The State of Kansas does not guarantee protection of any information which is not submitted as required.

1.16. Exceptions: By submission of a response, the bidder acknowledges and accepts all terms and conditions of the RFP unless clearly avowed and wholly documented in a separate section of the Technical Proposal to be entitled: "Exceptions".

1.17. Notice of Award: An award is made on execution of the written contract by all parties.




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2. PROPOSAL RESPONSE

2.1. Submission of Proposals: Bidder's proposal shall consist of:

One (1) original and three (3) copies of the Technical Proposal, including the signed Event Details document, applicable literature and other supporting documents;

One (1) original and three (3) copies of the cost proposal,

Three (3) paper and no electronic copies of confidential information shall be submitted in a separate sealed envelope marked with the Bid Event number and “Confidential Information” as per Section 7.

Two (2) electronic / software version(s) of the technical and cost proposals are required. This shall be provided on CD or flash drive, in Microsoft® Word or Excel. Technical and cost responses shall be submitted on separate media.

All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal" or "Technical Proposal" with the Bid Event ID number and closing date.

Bidder's proposal, sealed securely in an envelope or other container, shall be received no later than 2:00 p.m., Central Time, on the closing date, addressed as follows:

Kansas Department of AdministrationProcurement and ContractsProposal # EVT0002622Closing Date: October 7, 2013800 SW Jackson, Suite 600Topeka, KS 66612

It is the bidder's responsibility to ensure bids are received by the closing date and time. Delays in mail delivery or any other means of transmittal, including couriers or agents of the issuing entity shall not excuse late bid submissions.

Faxed, e-mailed or telephoned proposals are not acceptable unless otherwise specified.

Proposals received prior to the closing date shall be kept secured and sealed until closing. The State shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the closing date because it was not properly identified on the outside of the envelope or container. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the bidder.

2.2. Proposal Format: Bidders are instructed to prepare their Technical Proposal following the same sequence as this RFP.



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Section IEvent Notice and Acknowledgement of Addenda

The Event Document as posted on Procurement and Contract’s web site and the acknowledgement of addenda posted for the bid event must be submitted as Section One of the Technical proposal.

Item: The State of Kansas is issuing this Request for Proposal (RFP) to obtain competitive proposals from qualified bidders for legal services related to Worker’s Compensation cases.

Contract Period: January 1, 2014 through December 31, 2016The term of this contract is for a period of three (3) years with the option for two (2) one (1) year renewals.

The State of Kansas, State Self-Insurance Fund, (SSIF), is a self-insured, self-administered fund that administers workers compensation claims for eligible state employees who are injured “in the course of” and “arising out of” employment with the State of Kansas per K.S.A. 44-575 – 44-580.

The purpose of the proposed contract is to represent the State of Kansas’ best interest while providing high quality, efficient legal services, knowledge and training in regards to workers compensation claims submitted to the State Self Insurance Fund.

Services to be Provided:

Legal Services:

Provide administrative or consultative legal work and advice with the responsibility for coordinating, planning, organizing and conducting the programs and activities of a legal nature in regards to Workers Compensation claims on behalf of the SSIF.

Be responsible for legal research and conducting litigation in trial courts and appellate courts. Justify, defend, negotiate, persuade or interrogate to settle matters.

Training/Case Law Updates: Ability to maintain and expand knowledge of Kansas Workers Compensation law, recent case

law, board decisions and State of Kansas programs. Share that knowledge with the SSIF team and collaborate for successful outcomes. Provide a two hour training each quarter with pre-approval of the topic from SSIF management.

Medicare Set Aside and Life Care Planning:

Project long-term future needs, services and related costs associated with catastrophic injury. Contractor shall provide an extensive review of the medical records, producing a comprehensive report and cost projections for claim file documentation for Medicare approval. Contractor shall submit all pertinent information for Medicare approval.

Bidders may submit an executive summary not to exceed three pages, explaining why they feel they are the best option for the State Self Insurance Fund (SSIF).



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Section 1 - Event Notice and Acknowledgement of Addenda of this Request for Proposal has been reviewed by me and shall become part of the final contract. I hereby acknowledge and accept all of the provisions, requirements, and conditions stated in this section of Request for Proposal, subject to the modifications, conditions and limitations I have listed below.

_________________________________________________Authorized Signature of Bidder

_________________________________________________Printed Name of Signatory

_________________________________________________ Title

_________________________________________________Date



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II. VENDOR QUALIFICATIONS

Please do not repeat your answers. If you have described a program/service or other content and it applies to multiple questions, simply refer us to the prior description.

2.1 Provide a brief history of your organization including: date established; ownership (public, partnership, subsidiary, etc.) nature of business and any additional programs/products offered in addition to the programs requested in this RFP; licenses and certifications held; awards earned.

Answer:2.2 Is your organization part of a national or regional organization? If yes, provide the

corporation’s name and address. Is your company affiliated with any other company? If so, describe these affiliate relationships.

Answer:2.3 In addition to the services requested in this RFP, what other services or products does your

company offer?Answer:2.4 Describe the number and nature of personnel, full and part time, assigned to this project by

function and job title. If awarded a contract, indicate who within your organization will be assigned responsibility to manage or service the State account. Provide a brief bio about each person who will be assigned responsibility for the State account including their education and work experience, years with the company and areas of specialization, if any. Verify that persons to be assigned to implementation and account management will be part of any interview team.

Answer:2.5 Provide an organizational chart for the company. Provide a unit chart, including telephone

numbers of the group to be assigned responsibility for this contract, if awarded. Describe the escalation procedures and points of contact for each level and individual.

Answer:2.6 Describe your account service approach during implementation, ongoing administration and

for problem resolution.Answer:2.7 What are your company’s growth plans for the next 3 years? Is the planned growth internally

or through acquisitions?Answer:2.8 In your experience, what are the essential elements of a successful partnership for legal

services provided to the SSIF?Answer:2.9 Provide references from three current clients (implementation within the past 3 years, if

possible) to whom you are or have provided similar services proposed in this RFP. Public sector clients are preferred. Also preferred would be clients who have worked with the person to be assigned to this account. Information should include:

Company Name Contact Person Address Phone number Email Services provided

If terminated, reason for terminationAnswer:2.10 Provide references from three former clients (within last 5 years) to whom you have provided

similar services proposed in this RFP. Public sector clients are preferred. Also preferred



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would be former clients who have worked with the person to be assigned to this account. Information should include:

Company Name Contact Person Address Phone number Email Services provided

If terminated, reason for terminationAnswer:2.11 Provide a list of all your state and local government clients.Answer:2.12 How many employer groups does your organization provided legal services related to

Worker’s Compensation? How many individual consumers? How many of those are in Kansas?

2.13 Are you proposing to outsource any part of this contract? If so, indicate to whom and where they are located. Disclose any services under this RFP that are to be provided by workers outside of the United States.

Answer:2.14 Release for Due Diligence

In consideration of the State Employee Health Plan’s (SEHP) review of the Bidder’s response to the State of Kansas Bid Event and any related documents thereto, Bidder hereby voluntarily consents and authorizes SEHP or its designee(s) bearing this release or copy thereof, to complete due diligence and conduct a background investigation. The results of same may be considered by SEHP when determining the final Awardee for this Bid Event.

Bidder authorizes all persons and organizations that may have information relevant to this research to disclose such information to SEHP and its designee(s). BIDDER HEREBY RELEASES SSIF, ITS DESIGNEE(S) AND ALL PERSONS AND ORGANIZATION PROVIDING INFORMATION FROM ALL CLAIMS AND LIABILITIES OF ANY NATURE, WHETHER KNOW OR UNKNOWN, IN CONNECTION WITH THIS RESEARCH . Bidder hereby further authorizes that a photocopy of this authorization may be considered as valid as the original.

Dated this _______day of _____________________________, 2013Bidder:

(name) (title)Company Name: _______________________________________________________________



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ACKNOWLEDGE AND ACCEPT

Section 2 - Vendor Qualifications of this RFP has been reviewed by me and shall become part of the final contract. I hereby acknowledge and accept all of the provisions, requirements, and conditions stated in this section of RFP, subject to the modifications, conditions and limitations I have listed below.



_________________________________________________ Title

_________________________________________________Date



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SECTION 3TERMS AND CONDITIONS

Bidders are expected to closely read the Mandatory Contract Provisions and provide a binding signature of intent to comply with such terms and conditions. These provisions are a standard part of all State worker’s compensation contracts. Therefore, bidders should review these provisions with that in mind. Rejection of or requesting exceptions to these provisions may be cause for rejection of a bidder’s proposal.

# MANDATORY CONTRACT PROVISIONS Accept and

Initial1 Contract Documents: This Request and any amendments and the response and any

amendments of the Contractor shall be incorporated along with the DA-146a into the written contract which shall compose the complete understanding of the parties.

In the event of a conflict in terms of language among the documents, the following order of precedence shall govern:

Form DA-146a; written modifications to the executed contract; written contract signed by the parties; this Request including any and all addenda; and Contractor's written proposal submitted in response to this Request as finalized.

2 Contract: The successful vendor will be required to enter into a written contract with the State. The vendor agrees to accept the provisions of form DA-146a (Contractual Provisions Attachment) which is incorporated into all contracts with the State and is attached to this Request.

3 Contract Formation: No contract shall be considered to have been entered into by the State until all statutorily required signatures and certifications have been rendered and a written contract has been signed by the successful vendor.

4 Notices: All notices, demands, requests, approvals, reports, instructions, consents or other communications (collectively "notices") which may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows:

Kansas Division of PurchasesAttention: Bid Results/Copies800 SW Jackson, Ste 600Topeka, KS 66612-1216RE: EVT0002622

or to any other persons or addresses as may be designated by notice from one party to the other.

5 Termination for Cause: The Director of Purchases may terminate this contract, or any part of this contract, for cause under any one of the following circumstances:

the Contractor fails to make delivery of goods or services as specified in this contract; or

the Contractor provides substandard quality and/or workmanship;

the Contractor fails to perform any of the provisions of this contract, or so fails



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Initialto make progress as to endanger performance of this contract in accordance with its terms.

The Director of Purchases shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as State may authorize in writing), the Director of Purchases shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice.

6 Termination for Convenience: The Director of Purchases may terminate performance of work under this contract in whole or in part whenever, for any reason, the Director of Purchases shall determine that the termination is in the best interest of the State of Kansas. In the event that the Director of Purchases elects to terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least 30 days prior to the termination date. The termination shall be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may have not been terminated by the notice.

7 Debarment of State Contractors: Any vendor who defaults on delivery or does not perform in a satisfactory manner as defined in this Request may be barred for a period up to three (3) years, pursuant to KSA 75-37,103, or have their work evaluated for pre-qualification purposes.

8 Rights and Remedies: If this contract is terminated, the State, in addition to any other rights provided for in this contract, may require the Contractor to transfer title and deliver to the State in the manner and to the extent directed, any completed materials. The State shall be obligated only for those services and materials rendered and accepted prior to the date of termination.

In the event of termination, the Contractor shall receive payment prorated for that portion of the contract period services were provided to and/or goods were accepted by State subject to any offset by State for actual damages including loss of federal matching funds.

The rights and remedies of the State provided for in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law.

9 Force Majeure: The Contractor shall not be held liable if the failure to perform under this contract arises out of causes beyond the control of the Contractor. Causes may include, but are not limited to, acts of nature, fires, tornadoes, quarantine, strikes other than by Contractor's employees, and freight embargoes, etc.

10 Waiver: Waiver of any breach of any provision in this contract shall not be a waiver of any prior or subsequent breach. Any waiver shall be in writing and any forbearance or indulgence in any other form or manner by State shall not constitute a waiver.

11 Independent Contractor: Both parties, in the performance of this contract, shall be acting in their individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever.

The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation and social security as well as all income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract.



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Initial12 Staff Qualifications: The Contractor shall warrant that all persons assigned by it to the

performance of this contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified to perform the work required. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work under this contract.

Failure of the Contractor to provide qualified staffing at the level required by the proposal specifications may result in termination of this contract and/or damages.

13 Subcontractors: The Contractor shall be the sole source of contact for the contract. The State will not subcontract any work under the contract to any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed by its subcontractors. All terms, conditions and requirements of the contract shall apply without qualification to any services performed or goods provided by any subcontractor.

The State of Kansas requires tax information regarding all subcontractors be disclosed on the Signature Sheet, indicating company name, contact information and tax number. Additional pages may be added, as required. (See Tax Clearances, Page 3)

14 Conflict of Interest: The Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any professional personnel who are also in the employ of the State and who are providing services involving this contract or services similar in nature to the scope of this contract to the State. Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any state employee who has participated in the making of this contract until at least two years after his/her termination of employment with the State.

15 Confidentiality: The Contractor may have access to private or confidential data maintained by State to the extent necessary to carry out its responsibilities under this contract. Contractor must comply with all the requirements of the Kansas Open Records Act in providing services under this contract. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this contract shall be disseminated by either party except as authorized by statute, either during the period of the contract or thereafter. Contractor must agree to return any or all data furnished by the State promptly at the request of State in whatever form it is maintained by Contractor. On the termination or expiration of this contract, Contractor will not use any of such data or any material derived from the data for any purpose and, where so instructed by State, will destroy or render it unreadable.

16 Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local laws, rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws, rules and regulations may result in termination of this contract.

17 Environmental Protection: The Contractor shall abide by all federal, state and local laws, rules and regulations regarding the protection of the environment. The Contractor shall report any violations to the applicable governmental agency. A violation of applicable laws, rule or regulations may result in termination of this contract.

18 Hold Harmless: The Contractor shall indemnify the State against any and all loss or damage to the extent arising out of the Contractor’s negligence in the performance of services under this contract and for infringement of any copyright or patent occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work under this contract.



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Initial

The State shall not be precluded from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or damage to property in the Contractor's custody and control, where such loss or destruction is to state property. The Contractor shall do nothing to prejudice the State's right to recover against third parties for any loss, destruction or damage to State property.

19 Care of State Property: The Contractor shall be responsible for the proper care and custody of any state owned personal tangible property and real property furnished for Contractor's use in connection with the performance of this contract, and Contractor will reimburse State for such property's loss or damage caused by Contractor, normal wear and tear excepted.

20 Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the Contractor in the performance of this contract shall offer or give any gift, money or anything of value or any promise for future reward or compensation to any State employee at any time.

21 Retention of Records: Unless the State specifies in writing a different period of time, the Contractor agrees to preserve and make available all of its books, documents, papers, records and other evidence involving transactions related to this contract for a period of five (5) years from the date of the expiration or termination of this contract.

Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all appeals, if the litigation exceeds five (5) years.

The Contractor agrees that authorized federal and state representatives, including but not limited to, personnel of the using agency; independent auditors acting on behalf of state and/or federal agencies shall have access to and the right to examine records during the contract period and during the five (5) year post contract period. Delivery of and access to the records shall be at no cost to the state.

22 Antitrust: If the Contractor elects not to proceed, the Contractor assigns to the State all rights to and interests in any cause of action it has or may acquire under the anti-trust laws of the United States and the State of Kansas relating to the particular products or services purchased or acquired by the State pursuant to this contract.

23 Modification: This contract shall be modified only by the written agreement of the parties with the approval of the Procurement Negotiation Committee (PNC).No alteration or variation of the terms and conditions of the contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective.

24 Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under this contract without the prior written consent of the State.

This contract may terminate in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of the State.

25 Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third party.

26 Captions: The captions or headings in this contract are for reference only and do not define, describe, extend, or limit the scope or intent of this contract.

27 Severability: If any provision of this contract is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this contract shall not be affected and each provision of this contract shall be enforced to the fullest extent



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Initialpermitted by law.

28 Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed executed at Topeka, Shawnee County, Kansas, unless otherwise specified and agreed upon by the State of Kansas.

29 Jurisdiction: The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas, District Court of Shawnee County, unless otherwise specified and agreed upon by the State of Kansas. The United States District Court for the State of Kansas sitting in Topeka, Shawnee County, Kansas, shall be the venue for any federal action or proceeding arising hereunder in which the State is a party.

30 Proof of Insurance: Upon request, Contractor shall present an affidavit of Worker’s Compensation, Public Liability, Property Damage, Malpractice, HIPAA Liability or any other insurance relevant to the performance of this contract, including but not limited to cyber breaches resulting in loss, theft or any liability

31 Integration: This contract, in its final composite form, shall represent the entire agreement between the parties and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter hereof. This contract between the parties shall be independent of and have no effect on any other contracts of either party.

32 Criminal Or Civil Offense: Any conviction for a criminal or civil offense of an individual or entity that controls a company or organization or will perform work under this contract that indicates a lack of business integrity or business honesty must be disclosed. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Failure to disclose an offense may result in disqualification of the bid or termination of the contract.

33 Injunctions: Should Kansas be prevented or enjoined from proceeding with the acquisition before or after contract execution by reason of any litigation or other reason beyond the control of the State, contractor shall not be entitled to make or assert claim for damage by reason of said delay.

34 Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction.

35 Industry Standards: If not otherwise provided, materials or work called for in this contract shall be furnished and performed in accordance with best established practice and standards recognized by the contracted industry and comply with all codes and regulations which shall apply.

36 Federal, State and Local Taxes: Unless otherwise specified, the proposal price shall include all applicable federal, state and local taxes. Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Request. The State of Kansas is exempt from state sales or use taxes and federal



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Initialexcise taxes for direct purchases. These taxes shall not be included in the vendor's price quotation.

The State makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor.

37 Accounts Receivable Set-Off Program: During the course of this contract if the Contractor is found to owe a debt to the State of Kansas, agency payments to the Contractor may be intercepted / set-off by the State of Kansas. Notice of the setoff action will be provided to the Contractor. Contractor shall credit the account of the agency making the payment in an amount equal to the funds intercepted.

K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to set-off funds the State of Kansas owes vendors against debts owed by the vendors to the State of Kansas. Payments set-off in this manner constitute lawful payment for services or goods received. The vendor benefits fully from the payment because its obligation to the State is reduced by the amount subject to set-off.

38 Definitions: A glossary of common procurement terms is available at http://da.ks.gov/purch, under “Purchasing Forms”.

39 Acceptance: No contract provision or use of items by the State shall constitute acceptance or relieve the Contractor of liability in respect to any expressed or implied warranties.

40 Alternate Proposals/Equivalent Items: Bids on goods and services comparable to those specified herein are invited. Whenever a material, article or piece of equipment is identified in the specifications by reference to a manufacturer’s or vendor’s name, trade name, catalog number, etc., it is intended to establish a standard, unless otherwise specifically stated. Any material, article or equipment of other of other manufacturers or vendors shall perform to the standard of the item specified. Equivalent bids must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison. Samples of items, if required, shall be furnished at no expense to the State and if not destroyed in the evaluation process, shall be returned at vendor’s expense, if requested.

The State of Kansas reserves the right to determine and approve or deny “equivalency” in comparison of alternate bids.

41 Award: Award will be for all or part of a bidder’s proposal, whichever is in the best interest of the State of Kansas.

42 Bills: Contractor will provide detailed and accurate billing invoices to the State on the agreed upon schedule. Preference is for the bills to be sent in electronic media to designated SSIF staff.

43 Commissions: The State does not pay finder’s fees, service fees, commissions or other fee arrangements to any person or organization.

44 Contract Term: The term of this contract is for a period of three (3) years with two (2) additional one (1) year renewals.

45 Copyright: The undersigned bidder hereby grants the State of Kansas, and its departments, agencies, affiliates and licensees a non-exclusive, royalty-free, perpetual license to use and copy internally and in compliance with the Kansas Open Records Act and specifically K.S.A 45-220, the bidder’s copyrighted or un-copyrighted proposal as submitted by bidder. The undersigned warrants that this bid 1) is an original work and has not been submitted for publication or published in any other medium; 2) Will not violate any rights of third parties; and 3) Does not contain any libelous material. This license is effective on the date the bid is submitted to or received by the State of Kansas.

http://www.da.ks.gov/purch



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Initial 46 Data: In a format acceptable to the State, the State shall be entitled at no cost and in a

timely manner to all data and written or recorded material pertaining to this contract, except as may be precluded by applicable federal or state law privacy restrictions.

47 Decisions on Specification Interpretation: In the event of a difference of opinion between the State and the Contractor as to the meaning of any provision within the negotiated agreement, the decision of the State shall be final and controlling.

48 Disclosure of Proposal Content: The laws of the State of Kansas require public information be placed in the public domain at the conclusion of the selection process, and be available for examinations by all interested parties. No proposals shall be disclosed until after the contract has been signed. The State reserves the right to destroy all proposals if the RFP is withdrawn; the contract is withdrawn, or otherwise in the normal course of business.

Only specific proprietary information such as a company’s financial statement may be marked proprietary. Pricing information is normally not considered proprietary. The Vendor’s entire proposal response package shall not be considered proprietary. Any responses received indicating that the entire proposal response package is proprietary will not be reviewed or considered.

49 Electronic Transmission Protocols: Contractor will maintain state encryption standards currently of 3DES or PGP (128) bit encryption for confidential information for transmission via non secure methods, File Transfer Protocol or other use of the internet.

50 Experience: All bidders must have a minimum of five (5) years continuous active participation in the applicable industry, providing equipment/services comparable in size and complexity to those specified herein.

Bidders may be required to furnish information supporting the capability to comply with conditions for bidding and fulfill the contract if receiving an award of contract. Such information may include, but not be limited to, a list of similar size and type projects the Bidder had completed.

51 FTP Protocols: Contractor agrees to exchange data with SSIF using SSIF’s secure FTP server (passive mode FTP/SSL, RFC 4217). Details available upon request.

52 Future Reports and Reporting: Future reports and reporting schedules will be determined during negotiations and may include the following:

(a) Performance Guarantees(b) Other reports as required for State business

Reports should be available online in a format that can be downloaded onto State computers as necessary for plan administration.

53 Monitoring Performance, Performance Standards and Liquidated Damages: The State, in cooperation with Contractor, will monitor the performance of all components of the project.

Bidder agrees to meet or exceed the performance standards specified in this Request For Proposal with Liquidated Damages due as specified when standards are not met.

54 Payment: Upon implementation of the undertaking of this contract and acceptance by the State, the Contractor shall be paid upon a mutually agreeable schedule. The amount of any such payment shall be based upon actual service provided as covered by the validated request for payment.

55 Requirement of Continued Performance: Should this contract terminate for any reason, the Contractor is obligated to continue to perform the services of this contract for any



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Initialservices incurred during the period of the contract. The State shall have the right to retain 50% of the last scheduled payment due after notice of termination is given or after the State has selected a new Vendor. The purpose is to assure faithful performance under the terms of this contract including responses to inquiries regarding the work performed for up to one year.

The State shall have the discretion to return all of the held funds or retain a portion of held funds as liquidated damages for contract breaches. The Contractor may dispute the liquidated damages assessment made by the State. Thereafter, the Contractor may continue to dispute the liquidated damages by filing a request with the State for designation of a presiding officer to hear from the Benefits Administrator and the Contractor. The decision of the presiding officer shall be deemed a final order for the purposes of the Act for Judicial Review and Civil Enforcement of Agency Action.

56 Right to Audit: Contractor will make available for audit by the State’s designated auditors, (during normal business hours) its files, books, and records pertaining to the plan for the State. All third party auditors will enter into a confidentiality agreement reasonably acceptable to the Contractor and permitted under the Kansas Open Records Act. Contractor may not impose time limits on the data to which the State or its designated auditors may receive or review for audit purposes. The right to audit extends to subcontractors participating in this contract.

57 Secured E-mail: Contractor will establish and maintain secured e-mail communications protocols to facilitate plan management with SSIF staff.

58 Signatures: Signatures herein shall serve to bind the parties to this Agreement. The parties represent and warrant that they have read and thoroughly understand the terms and conditions and they are represented by counsel and the terms and conditions of this RFP have been fully explained to them by counsel.

59 Solicitation of Members: Contractor shall not use the names, home addresses or any other information obtained about workers compensation claimants for the purpose of offering for sale any property or services which are not directly related to services negotiated in this RFP without the express written consent of the State.

60 Transition Assistance: In the event of contract termination or expiration, Contractor shall provide, at no additional cost to the State, all reasonable and necessary materials, files and assistance to State to allow for a functional transition to another Vendor.

61 Warranty: Bidders shall indicate the type and extent of the warranty for all equipment, hardware, software and services proposed. The State requires a “standard” warranty of a specific amount of days, or 1 year, whichever is greater. This warranty shall be included in the cost of the equipment.

Contractor will be the sole point of contact on any problems with the equipment or systems during the warranty period.

Contractor shall be responsible for all work performed under these specifications. Contractor shall make good, repair and replace, at the Vendor’s own expense, as may be necessary, any defective work, material acceptance, if in the opinion of the agency and/or Procurement and Contracts said defect is due to imperfection in material, design, or workmanship for the warranty period specified.



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Section 3 - Contract Provisions of this Request for Proposal has been reviewed by me and shall become part of the final contract. I hereby acknowledge and accept all of the provisions, requirements, and conditions stated in this section of Request for Proposal, subject to the modifications, conditions and limitations I have listed below.



_________________________________________________ Title

_________________________________________________Date



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SECTION 4S PECIFICATIONS

4.1 Background and Purpose of Contract:

The State of Kansas, State Self-Insurance Fund, (SSIF), is a self-insured, self-administered fund that administers workers compensation claims for eligible state employees who are injured “in the course of” and “arising out of” employment with the State of Kansas per K.S.A. 44-575 – 44-580.

The purpose of the proposed contract is to represent the State of Kansas’ best interest while providing high quality, efficient legal services, knowledge and training in regards to workers compensation claims submitted to the State Self Insurance Fund.

4.2 Services To Be Provided:

4.2.1 Legal Services:

Provide administrative or consultative legal work and advice with the responsibility for coordinating, planning, organizing and conducting the programs and activities of a legal nature in regards to Workers Compensation claims on behalf of the SSIF.

Be responsible for legal research and conducting litigation in trial courts and appellate courts.

Justify, defend, negotiate, persuade or interrogate to settle matters.

4.2.2 Training/Case Law Updates:

Ability to maintain and expand knowledge of Kansas Workers Compensation law, recent case law, board decisions and State of Kansas programs.

Share that knowledge with the SSIF team and collaborate for successful outcomes.

Provide a two hour training each quarter with pre-approval of the topic from SSIF management.

4.2.3 Medicare Set Aside and Life Care Planning

Project long-term future needs, services and related costs associated with catastrophic injury. Contractor shall provide an extensive review of the medical records, producing a comprehensive report and cost projections for claim file documentation for Medicare approval. Contractor shall submit all pertinent information for Medicare approval.

4.3 Interim Billing Policy:

SSIF requires a monthly billing process to monitor legal fees and expenses at every stage of the litigation. Contractor must submit billings (fees and expenses) for each file on a monthly basis. The billing shall include a statistical summary for the month detailing all activities including correspondence, depositions, and travel time, etc.; billed amount based on time and individual (attorney or paraprofessional) and recommended payment. The State requires these invoices to be in electronic Excel format. Such invoices shall be submitted to the SSIF no later than 7 days after the end of any calendar month. There may be additional items requested at any given time.



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4.3.1 Professional Services Bill Format:

A. Bill Format:

SSIF requires that contractor utilize the bill format attached as Appendix 1. This requires that the invoice include:

1. The date the identified function was performed; 2. The initials of the billing attorney or paralegal; 3. A description of the single itemized service provided;

For example, preparation time should be separated from attendance time at depositions. Travel time to the deposition should also be separately designated. Only itemized fee and expense billings will be accepted for reimbursement.

4. Specific, accurate time in tenths per hour;Note: If you perform a group of services which takes .10 hour (six minutes) or less to perform, you must bill those activities together at .10 hour.

5. The agreed-upon hourly rate for the timekeeper providing the service; and 6. The total charge for that individual line entry.

Fees must be supported by time sheets which must be available for review upon request.

After this itemization, the bill should indicate a summary section for the billing period including:

1. Initials of each attorney or paralegal;2. The status (i.e., partner, associate, paralegal, etc.) of each timekeeper; 3. The total number of hours billed by each timekeeper performing services during the billing

period; 4. The hourly rate charged for each timekeeper performing services during the billing period;

and 5. The total amount charged for each timekeeper during the billing period.

After this summary section for the billing period, the bill should indicate a cumulative summary section including:

1. Initials of each attorney or paralegal; 2. The status (i.e., partner, associate, paralegal, etc.) of each timekeeper; 3. The total number of hours billed by each timekeeper performing services during the life of the

case; 4. The hourly rate charged for each timekeeper performing services during the life of the case; 5. The total amount charged for each timekeeper during the life of the case; and 6. The total amount charged for each disbursement area during the life of the case.

This cumulative summary facilitates our tracking of costs on a per file basis.

B. Description of Professional Services Rendered:

Generic and general activity descriptors such as the following are not acceptable and will not be reimbursed in the absence of further information:

Arrangements with __________. Attend deposition. Conference with ____________. Discovery. Discussion with ____________. Research. Meeting with ________. Motion work.



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Attention to__________. Review/draft discovery. Prepare correspondence. Receipt of documents. Review case and issues. Review correspondence. Telephone call. Trial preparation. Update strategy. Work on project. Work on file. Work on discovery. Legal research. Review/draft pleadings

It is essential that each legal activity be identified in the billings. The test is whether an attorney or claim person not familiar with the billing attorney, the case or the billing firm's practices can determine exactly what professional service was provided and assess the appropriateness of the related time charge.

When billing for telephone conversations, specifically describe the parties and purpose of the telephone call. All correspondence, pleadings and other documents reviewed must be distinctly identified.

4.3.2 Hourly Rate:

Any hourly rate which varies from those previously authorized must be approved in advance by SSIF management and approval must be noted in the bill.

4.3.3 Time Charges:

A. Minimum Billing Charge/Billing Increment:

SSIF requires that .10 hour (one tenth of an hour) be used as the minimum billing charge and billing increment. It is SSIF's experience that there are numerous functions which appear in legal billings and which consume less than fifteen minutes (.25 hour) or even twelve minutes (.20 hour). Since we require that all time charges in the billings be exact and not a rounded figure, the .10 minimum charge and increment is appropriate for that purpose.

B. Actual Time Expended:

SSIF requires that the time entered be the actual time expended on a function, without the time being rounded.

SSIF will not accept standardized charges for work which is form in nature. SSIF recognizes that many documents are form in nature, pre-printed or computer-generated and that the time required for their completion is dependent on the accuracy of the secretary and the speed of work processing equipment, rather than on the professional time involved.

SSIF does not expect to be billed individual charges for documents such a Subpoenas Duces Tecum served on multiple parties when only one notice or subpoena is prepared with minimal modifications to subsequent notices or subpoenas.

4.3.4 Professional Services:

A. Secretarial/Clerical Functions at Professional Rates:

SSIF requires that only professional services be the subject of billing. There are numerous functions which are secretarial or clerical in nature and which do not involve the participation of legal personnel in their completion. Some of those functions are as follows:



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1. Scheduling and arrangements. 2. Scheduling of meetings. 3. Scheduling of appointments. 4. Scheduling and arrangements for examinations. 5. Preparation of Notice of Taking Deposition. 6. Calendaring. 7. Conflict checks. 8. Organize and re-organize files (if it does not involve sorting case documents such as individual

documents attached to Requests for Production of Documents). 9. Bate-stamping and date-stamping. 10. Indexing file materials (unless professional judgment as to the index categories must be

utilized). 11. Tabbing file materials. 12. Pick-up and delivery of documents and records. 13. Telephone calls and/or correspondence to copy services, record providers, court reporters. 14. Create and organize binders and notebooks. 15. Create and organize folders. 16. Process vendor bills. 17. Collate. 18. Prepare medical/employment authorizations. 19. Organize for storage. 20. Update lists. 21. Copy and bind. 22. File and re-file. 23. Inventory documents. 24. Pull/copy documents. 25. Order reporter or translator. 26. Instructions to providers or vendors. 27. Travel arrangements. 28. Preparation of a record copy service form for employment/medical records.

The above list is not all-inclusive.

In all the examples stated above, the attorney will typically instruct the secretary to complete the task and the secretary will perform the function independently with no further input from the attorney. For instance, the preparation of routine correspondence, many of which are computerized, and pre-printed court notices such as a Notice of Deposition, Demand for Jury Trial, Demand for Statement of Damages, Entry of Appearance, etc., are items generated by office support staff.

SSIF will not pay for secretarial, clerical or administrative functions performed by attorneys, paralegals or non-professional staff such as secretarial, clerical, computer, library and/or other non-professional personnel. Time spent preparing invoices or negotiating billing questions is not compensable.

B. Proofreading/Revisions:

SSIF will not reimburse for time expended by the firm's personnel in proofreading documents for errors of typing or dictation and for making any corrections as a result.



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SSIF will reimburse reasonable charges for revising substantial documents. However, revisions made as a result of proofreading a document by the drafter or other firm personnel are not chargeable to SSIF.

SSIF will not reimburse the firm for time expended on revision or modifications of the work product of a junior attorney by a senior attorney absent a new factual or legal development.

C. Intra-Office or Inter-Office Conferencing and Memoranda:

SSIF does not expect to be billed for intra/inter-office conferencing or memoranda. However, we will pay for the preparation of a memorandum summarizing any approved legal research so long as the memorandum is provided to SSIF's assigned adjuster.

D. Use of Multiple Personnel at a Function:

Prior approval from SSIF management must be indicated on the bill for the attendance of more than one attorney, paralegal, etc. representing SSIF, whether at a deposition, hearing, argument, trial or meeting.

Repetitive file reviews, document reviews and/or other preparation by more than one attorney and/or paralegal for depositions, hearings, arguments, trial, meetings is also discouraged and prior approval from SSIF management is required.

If prior approval is obtained, the date and name of the person giving the approval must be indicated on the bill next to the entry.

E. Deposition:

Depositions or examinations before trial can, when properly coordinated, provide information vital to a prompt and fair disposition of the case. We request that you seek prior approval from SSIF management before scheduling any depositions. Prior approval must be noted on the bill, along with the date and name of person from whom it was obtained.

F. Legal Research:

You must obtain prior approval from SSIF management before conducting any legal research requiring more than one hour of research.

When seeking prior approval from an SSIF adjuster or management you must address: 1. The purpose of the research; 2. Who will perform the research; 3. Whether the research can be performed by lower level personnel; 4. Whether the firm has ever conducted research on these issues or similar issues; 5. Whether the attorney has access to this prior research; 6. If not, why not; 7. How many hours will be expended performing this research; and 8. How much will this research cost

Note: Any deviations from your initial assessment must be addressed with SSIF adjuster or management. Prior approval must be noted on the bill.

It should be noted that we should not be charged for routine legal research. Legal research



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concerning matters of common knowledge among reasonably experienced counsel in the locale is considered to be routine or elementary and, therefore, is non-chargeable. Where circumstances exist that enable you to utilize your data or brief banks, SSIF should only be charged for the updating of previously researched materials. It is expected that paralegals or junior associates shall be utilized in research matters, avoiding extensive research time expended by partners or senior associates. Copies of significant research products should be forwarded to the claims professional.

G. Motion Practice:

You must obtain approval from SSIF management before engaging in any activity related motion practice. Prior approval must be noted on the bill, listing the date and identifying the person giving approval.

When requesting prior approval from an SSIF adjuster or management to file a motion, you must address:

• The purpose of the motion; • The motion's chance of success, this should be expressed as a percentage; • How the motion will advance the case; • How much time will be expended on the motion; • Who will prepare the motion; and • Whether the motion could be prepared by a timekeeper with a lower hourly rate.

Unless the motion will have at least a fifty percent (50%) chance of success and will advance our case, approval will not be given in the absence of some other compelling reason to file same.

H. File Reviews:

1. General/Diary/Status Reviews:

SSIF will not pay for a general, diary or status file review. A general, diary, or status file review is defined as a file review which is not precipitated by an event, such as a telephone call or receipt of correspondence, or which does not result in the creation of any tangible work product.

2. Transfer File Reviews:

SSIF will not pay for file reviews caused by an administrative decision by the firm to transfer the entire case or a portion of a case between firm personnel. Similarly, SSIF will not pay for file reviews to add personnel or replace personnel handling a case.

3. Supervisory File Reviews:

SSIF will not pay for time expended by senior personnel to perform a supervisory review of a file handled by another attorney.

I. Qualified Professionals:

SSIF will only pay professional rates for attorneys, law clerks or qualified paralegals performing proper functions in relation to a particular file.



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Paralegals must have graduated and be certified by an accredited paralegal school or have three (3) or more years of experience as a paralegal in a firm under an attorney's tutelage. SSIF reserves the right to request and receive the resumes of all personnel billing time on its files.

Examples of billable activities which could be performed by paralegals are as follows: 1. Preparation of Subpoenas for employment and medical records wherein a record copy service

form is not prepared. A record copy service should be used as a rule; preparation should be done only under exceptional circumstances.

2. Preparation of Subpoena re: deposition. 3. Organize and re-organize files if it involves case documents such as separating, cataloging

responses to Requests for Production of Documents. 4. Indexing file materials if they are case documents requiring professional judgment with respect

to categorization. 5. Prepare Entry of Appearance. 6. Prepare Substitution of Attorney. 7. Prepare General Denial Answers. 8. Prepare Answers which do not require affirmative defenses or specific denials. 9. Prepare Interrogatories (form or standard). 10. Prepare Expert Interrogatories (form or standard). 11. Prepare Request(s) to Produce (form or standard). 12. Prepare Demand for Statement of Damages (form or standard). 13. Prepare Stipulations to Extend Time to Answer. 14. Prepare Jury Trial Demand. 15. Prepare Motions to Compel Responses to Discovery (form or standard). 16. Summarize medical or employment records - only significant information in the records should

be noted; otherwise, no summary of records or Answers to Interrogatories should be done. 17. Summarize Answers to Interrogatories. 18. Prepare medical indices. 19. Prepare records request(s). 20. Prepare records subpoena(s). 21. Prepare Authorization to Secure Records (medical, tax, IRS, employment, union). 22. Answer fact interrogatories. 23. Answer product interrogatories. 24. Answer expert interrogatories. 25. Answer Request(s) for Admission (factual information). 26. Prepare witness list. 27. Prepare exhibit list. 28. Prepare pre-trial statements. 29. Prepare closing papers (releases, orders, stipulations).

The above list is not all-inclusive.

Note: If the state has a consultation requirement or each motion must be customized as opposed to being a standard form, this is an attorney function.

4.3.5 Access to Professionals:

Contact information will be provided so the SSIF staff has access to the firms, administrative staff and attorneys. All SSIF inquiries must be responded to within 24 hours. Contractor shall provide a two hour training each quarter with pre-approval of the topic from SSIF management team.

4.3.6 Disbursements/Expenses:



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SSIF requires an itemized breakdown of actual disbursement costs. All costs and disbursements should be billed at cost and should not include mark-ups by the firm. Routine expenses incurred should be paid directly by the law firm and then billed back as disbursements pursuant to our interim billing policy. Exceptional expenses (i.e., expert witnesses or preparation of visual evidence) may be forwarded directly to SSIF. Such invoices forwarded directly to SSIF for payment must include the vendor's tax ID or social security number.

All expenses must have supporting documentation that shall be forwarded with the payment request. SSIF will not reimburse any expense unless the description of the expense indicates that it is compensable according to the following expense guidelines.

All disbursement items must be fully described. SSIF will not accept any "miscellaneous" expense items. All expenses and time charges are subject to our audit. The following guidelines should be followed with regard to specific expense items:

A. Photocopy:

• In-House Photocopy - SSIF considers In-house photocopying to be a cost integral to running the law firm. It is therefore overhead.

• Outside Photocopying - This service is to be utilized as a cost-saving factor for voluminous (more than 250 pages) projects and not as a method to handle overflow or purely for the firm's convenience. Accordingly, SSIF expects to see such charges from $.13 to $.35 per page. All documentation from the outside photocopying service validating the charge must be available for audit.

B. Travel:

SSIF considers local travel, defined as travel less than 100 miles round trip, to be a cost integral to running the law firm. It is therefore overhead.

For long distance automobile travel, the date of travel, person engaging in the travel, destination, purpose of the travel, number of miles traveled, price per mile reimbursed and the total cost must be indicated. SSIF will pay the standard State of Kansas reimbursement rate for travel using the most economical route. The current State of Kansas reimbursement rate is $.56/mile.

Note: All long distance travel must be approved by an SSIF adjuster or management prior to the trip and the approval must be noted on the bill, listing the date and the party granting the approval.

C. Air Travel:

All air travel must be via economy/coach class. You should provide the actual receipt from the airline ticket with your invoice. Air travel arrangements should be made as early as possible to avoid unnecessary cost.

D. Hotels:

SSIF will only reimburse you for the maximum allowable reimbursement for a hotel or motel stay at the same rate as the State of Kansas, during trips requiring an overnight stay. A copy of the actual hotel or motel receipt must be provided with your invoice.

E. Meals:



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SSIF will only reimburse you for meal charges incurred during travel requiring an overnight stay. The maximum allowable reimbursement for meals is at the same rate as the State of Kansas, during trips requiring an overnight stay.

F. Telephone:

The cost for land line telephone service and cellular phones including cell phone usage charges are considered standard business operating costs and are not eligible for reimbursement. SSIF will reimburse long distance phone call charges for calls necessary as part of handling a case file. The bill should indicate the date of the telephone call, the telephone number dialed and the total cost for the call.

G. Postage:

Postage expenses are considered part of normal overhead and will not be accepted for reimbursement.

H. Express/Overnight Mail Services/ Messenger/Courier/Delivery:

The use of messenger and expedited mail services is considered part of the normal overhead costs of the law firm. The cost of these services is not accepted for reimbursement, except when the use of these services was at SSIF's request or if an emergency situation occurs over which the firm has no control. In that event, reimbursement will be subject to SSIF adjuster approval and such approval must be noted on the bill, listing the date and identifying the party granting the approval.

I. Facsimile Charges:

Facsimile charges are considered part of normal overhead and will not be accepted for reimbursement.

J. Expert Witnesses:

Prior approval from the SSIF adjuster is required before engaging any experts to perform functions on a given case. Prior approval must be noted on the bill, along with date and name of person from whom it was obtained.

K. Computer-Assisted Research:

SSIF considers charges for expenses associated with the use of the Westlaw, Dialogue, Lexis, Information America and other computer research databases to be akin to the purchase and maintenance of the firm's law library. Therefore, these charges will not be accepted for reimbursement.

L. Database/Data Entry Charges:

SSIF discourages you from charging for the preparation, maintenance, data entry, programming and document input for a database. You must seek prior approval from claim adjuster before charging SSIF for these services. Approval will only be given in rare or unusual circumstances and must be noted on the bill by identifying the name of the party who approved the charge and the date of approval.



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SSIF will not pay professional rates for document input, programming, data entry, maintaining or organizing documents for the database. SSIF will pay a reduced agreed upon clerical rate for these services. SSIF will pay a paralegal rate for activities associated with a database such as determining what documents should be entered, determining how documents are categorized or summarizing documents.

M. Additional Non-Reimbursable Disbursements:

The following costs will not be reimbursed by SSIF: • Clerical or secretarial salaries or overtime expenses for full time or temporary staff; • Office supplies; • Travel-related expenses such as: alcoholic beverages, movie rentals, personal grooming services, private limousine transportation as opposed to taxi or shuttle service, valet; and • Commuting expenses to or from work for firm personnel.

4.3.7 Auditing:

SSIF reserves the right to audit all fees and disbursements submitted by your firm along with the corresponding legal file(s). This audit may be performed by SSIF personnel or its designee.

In responding to this RFP, provide samples of work that show the experience, skill and reporting tools which relate to the Scope of Services.



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Section 4 - Specifications of this Request for Proposal has been reviewed by me and shall become part of the final contract. I hereby acknowledge and accept all of the provisions, requirements, and conditions stated in this section of Request for Proposal, subject to the modifications, conditions and limitations I have listed below.



_________________________________________________ Title

_________________________________________________Date



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APPENDIX I

RECOMMENDED BILLING FORMAT

TotalDate Attorney Function Time Rate Cost 1/3/97 EJC Review file to prepare .50/hours $100 $ 50.00

Answers to Interrogatories

1/9/97 LG Review Interrogatories .30/hours $ 35 10.50 from Plaintiff

1/11/97 ECD Trial Preparation: .60/hours $ 80 48.00 Motion in Limine

1/14/97 EJC Review Answer to our .20/hours $100 20.00 Motion in Limine

2/20/97 ECD Conference re: settle- 1.30/hours $ 80 104.00 ment with Judge Smith

2/21/97 ECD Letter to client re: .10/hours $ 80 8.00 conference results

TIMEKEEPER SUMMARY - THIS BILL

Hours Rate Total EJC, Partner .70 $100.00 $ 70.00ECD, Associate 2.00 80.00 160.00LG, Paralegal .30 35.00 10.50

TOTAL 3.00 $240.50

DISBURSEMENTS - THIS BILLPhotocopies (26 x $.08) $2.08Long Distance Telephone (2/20/97- 2.70(215) 555-1234)

TOTAL $4.78

TOTAL FEES $240.50TOTAL DISBURSEMENTS 4.78TOTAL BILL $245.28



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SECTION 5QUESTIONS

The questions in all subdivisions of Section 5 should be answered. If you believe that a particular question is not applicable to the services you are bidding, please briefly explain why.

5.1 Implementation and Transition: 5.1.1 Provide a proposed implementation plan that includes both a project overview and details on

specific tasks, timeliness and responsibilities. Clearly delineate the tasks you expect SSIF to perform and the information you expect SSIF to provide. At a minimum, address the following:

Transitioning of active legal cases Process for new cases

Answer:5.1.2 State what records (including the claimant case file and legal filings) would, in fact, belong to SSIF

upon contract termination.Answer:5.1.3 In the event of contract termination, when would records that are property of SSIF be released to

the party or organization designated by SSIF? Describe your termination notice requirement and transition procedures.

Answer:

5.2 Account Service:5.2.1 Will you provide a designated attorney to SSIF? If so, where will this person or firm be located and

what are the hours of operation? Will this account be the only client served by this person or firm?Answer:5.2.2 How will the SSIF cases be staffed? What is the turnover rate? Include the past three years.Answer:5.2.3 What are your normal hours of operation? The SSIF requires a minimum of access from 8:00am to

5:00pm Central time, Monday through Friday. Will you be able to meet this minimum?Answer:5.2.4 How does your organization handle after-hours service calls? Is there an emergency telephone

number available for SSIF staff?Answer:

5.3 Reporting and Banking/Check Writing Capabilities:5.3.1 How are records maintained? What is included within each case file?Answer:5.3.2 Describe your internal audit procedures and frequencies. The SSIF reserves the right to audit any

vendor.Answer:

5.4 Systems Backup and Disaster Recovery: 5.4.1 What are your organization’s contingency plans and procedures for providing back-up service in

the event of strike, natural disaster, backlog, or other events that might interrupt or delay service?Answer:



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5.5 Secure Email:5.5.1 How do you maintain a secure environment for communicating and transacting business with

each audience (claimants, providers)?Answer:

5.6 HIPAA Section (These questions must be answered by all bidders.)5.6.1 Please describe in detail your current activities related to compliance with the Health Insurance

Portability and Accountability Acts (HIPAA), including: Administrative Simplification, Privacy Rule, and Security Rule.

Answer:



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Section 5 - Questions of this Request for Proposal has been reviewed by me and shall become part of the final contract by reference. I hereby acknowledge and accept responsibility for the accuracy of all responses, requirements, and conditions stated in this section of Request for Proposal, subject to the modifications, conditions and limitations I have listed below.



_________________________________________________ Title

_________________________________________________Date



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SECTION 6PERFORMANCE STANDARDS, GUARANTEES, LIQUIDATED DAMAGES

LIQUIDATED DAMAGES – Failure to meet Performance Requirements

The purpose of liquidated damages is to ensure adherence to the performance requirements in the contract. No punitive intention is inherent. It is agreed by the State and the Contractor that, in the event of a failure to meet the performance requirements listed below, damage shall be sustained by the State, and that it is and shall be impractical and extremely difficult to ascertain and determine the actual damages which the State shall sustain in the event of, and by reason of, such failure; and it is therefore agreed that the Contractor shall pay the State for such failures at the sole discretion of the State according to the following:

Damages assessments are linked to performance of system implementation or operational responsibilities. Where an assessment is defined as an ‘up to “$,$$$” amount, the dollar value shall be set at the discretion of the State.

For all self reported metrics, Contractor shall include a check for liquidated damages as specified, with the report due for the metric. Written notification of each failure to meet a performance requirement that is measured by the State Self Insurance Fund (SSIF) shall be given to the Contractor prior to assessing liquidated damages. Contractor shall have five (5) business days from the date of receipt of written notification of a failure to perform to specifications to cure the failure. However, additional days can be approved by the KHPA Contract Manager if deemed necessary. If the failure is not resolved within this warning/cure period, liquidated damages may be imposed retroactively to the date of failure to perform.

Late reports shall incur additional liquidated damages to the state. Liquidated damage amounts will double for each five (5) business days that a report is delayed. The imposition of liquidated damages is not in lieu of any other remedy available to the State.

If KHPA elects to not exercise a damage clause in a particular instance, this decision shall not be construed as a waiver of the State’s rights to pursue future assessment of that performance requirement and associated damages.

6 PERFORMANCE GUARANTEES: The following requirements are areas where the Contractor shall guarantee performance for each plan offered. Failure to meet the required standards shall result in the liquidated damages. Prompt resolution of problems or issues is expected but will not reduce or eliminate any liquidated damages imposed due to failure to meet the performance standards outlined below.

Liquidated Damages may be enforced by reducing the administrative fees or other amounts owed to the Contractor. Some items shall require the Contractor to supply a recommendation. Proposal must include Contractor recommendations regarding liquidated damage amounts for each incident with an annual maximum for each performance standard for discussion during negotiations.

If there are other performance standards that your company has in place with other clients, please provide the language and guarantees that are used.



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6.1 Performance Guarantees

Performance guarantees establish expectations regarding certain areas of the contract between the contractor and the state. These performance guarantees are designed to assure that all parties involved know what the standards are and that the contractor shall provide at least this standard.

Performance Standard Measurement Period

Liquidated Damages

1 Service to the SSIF Staff

(a) One Hundred (100) percent of emails responded to within 24 hours. calendar quarter $4,000

(b) Ninety-eight (98) percent of all written inquiries and faxes acknowledged within 24 hours. calendar quarter $4,000

(c) Available between 8:00 am and 5:00 pm, Central Time, Monday through Friday, except for legal holidays calendar quarter $500

2

Personal Health Information: If Contractor transmits Personal Health Information (PHI) using non secure transmission protocols such as an unencrypted email or a breach in the SSIF’s claimants being released or obtained by others, the PHI record Vendor will owe the Contractor’s security following liquidated damages. Liquidated damages will apply in addition to any other requirement and provisions of this contract.

per transmission

$300 per participant to a

maximum of $50,000 per

incident

3Legislative Requests: Contractor shall provide support to the SSIF in responding to information requests made by the Legislature. Responses to legislative requests are due to the SSIF within two (2) business days.

per incident $1,000

4Invoice Reconciliation: Each month, by the seventh (7th) of the month, Contractor shall send a claims invoice reconciliation report for the prior month.

Monthly $500 per Month



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Section 6 - Performance Standards, Guarantee and Liquidated Damages of this Request for Proposal has been reviewed by me. I hereby acknowledge and accept all of the provisions, requirements, and conditions stated in this section of Request for Proposal, subject to the modifications, conditions and limitations I have listed below.



_________________________________________________ Title

_________________________________________________Date



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Section 7Confidential Information

Data contained in this section becomes the property of the State Self Insurance Fund (SSIF). Three (3) Paper and no electronic copies of the following information shall be submitted in a separate sealed envelope marked with the Bid Event # and “Confidential Information”. The SSIF will attempt to keep such information confidential. However, it cannot guarantee that such information will never become public.

7.1 What are the levels – per occurrence and in the aggregate – of the professional liability and malpractice insurance held by your organization? Describe your company’s errors and omissions policy and coverage. Will you agree to include the State as additional insured parties on the policy?

7.2 Describe any changes in ownership, business operations, technologies, partnerships, or staffing anticipated within the next 24 months that would impact the services requested in this RFP or the level of service provided to the State?

7.3 Are you anticipating any internal reorganizations or systems changes/upgrades that could impact the services requested under this RFP? If so, please explain.

7.4 List any pending litigation against your company. Describe any litigation against your company in the past five years including any settled or dismissed matters.

7.5 List any pending investigation(s) of which you are aware by any State or Federal agency related to your operations.

7.6 Is your company or any of its officers, directors, partners, or principals now under indictment, court order or investigation? Is your company under investigation or subject to any regulatory action by either a state of federal agency? If yes, explain.

7.7 Provide fees for similar Worker’s Compensation projects for the past five years and provide explanatory information regarding factors that have contributed to increases or decreases in fees charged.

7.8 Disclose any current or emerging financial and/or legal issues including, but not necessarily limited to the following: A. A current bank reference indicating that the business relationship with the financial institution is

in positive standing. Such reference must be written in the form of a standard business letter, signed and dated within the past three (3) months.

B. Two current positive credit references from vendors with which you have done business written in the form of standard business letters, signed and dated within the past three (3) months.

C. Provide either:(1) An official document or letter from a accredited credit bureau, verified and dated within the last three (3) months and indicating a positive credit rating. (NOTE: A credit bureau report number without the full report is insufficient and will not be considered responsive.) OR

(2) A Dun & Bradstreet short-form report, verified and dated within the last three (3) months and indicating a positive credit rating.

7.9 Describe your corporate cyber security policies and procedures. How are these policies implemented on portable media (laptops, blackberries, PDAs, etc.)? Describe the liability coverage carried for cyber security breaches.



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7.10 Provide a copy of the most recent audited financial statement reflecting local plan operations in each service area or for the local office servicing SSIF. Bidders are asked to report their financial figures separately and consistent with each service area bid. Each service area must be specifically defined by state and county.



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Section 7 - Confidential Information of this Request for Proposal has been reviewed by me and the information provided is thorough and accurate to the best of my knowledge. I understand that Section 7 - Confidential Information section of this RFP response will be shredded upon completion of the proposal review.



_________________________________________________ Title

_________________________________________________Date



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SECTION 8COST PROPOSAL

8.1 Submit hourly rates for attorneys and paraprofessionals and list all costs to be borne by the State’s SSIF unit. List each fee separately. The costs for any services for which you might bill the SEHP in relation to this bid, MUST be included in this Cost Proposal. Optional services should be so noted. Any service not listed on your cost proposal is not billable or payable by the SEHP.

Description Cost

8.2 Alternative terms and conditions may be entertained at the sole discretion of the SSIF if the overall contract performance would be improved but not compromised, and if they are in the best interests of the SSIF. Alternatives must be submitted with the proposal and must be clearly identified and detailed in such a way that allows such deviations to be fully evaluated.



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Section 8 - Cost Proposal of this Request for Proposal has been reviewed by me. I hereby acknowledge and accept all of the provisions, requirements, and conditions stated in this section of Request for Proposal, subject to the modifications, conditions and limitations I have listed below.



_________________________________________________ Title

_________________________________________________Date



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State of KansasDepartment of AdministrationDA-146a (Rev. 6-12)

CONTRACTUAL PROVISIONS ATTACHMENT

Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 6-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof."

The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of ____________________, 20_____.

1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue : This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.



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9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq.

12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.

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