Contract ID: 0000000000000000000046417 Event ID: EVT0006086 Page 2 TRA PER ASPERT 1. Terms and Conditions Office of Procurement and Contracts Kansas 1.1. Contract Documents In the event of a conflict in terms of language among the documents, the following order of precedence shall Phone: 785-298-2376 govern: 900 SW Jackson St., Room 451 South Department of Administration Fax: 785-296-7240 Form DA 146a; Topeka. KS 68612 www.admin.ks.gov/offices/procurement-and-contracts written modifications to the executed contract; Duane Goossen, Acting Secretary Laura Kelly, Governor written contract signed by CONTRACT AWARD the Bid Event documents, including any and all amendments; and Contractor's written offer submitted in response to the Bid Event as finalized. Date of Award: May 01, 2019 0000000000000000000046417 1.2. Captions Contract ID: Event ID: EVT0006086 The captions or headings in this contract are for reference only and do not define, describe, extend, or limit the Replace Contract: 10713 and EVT0002480 scope or intent of this contract. Procurement Officer: Angela Brown 1.3. Definitions Telephone: 785/296-7251 A glossary of common procurement terms is available at http://admin.ks.gov/offices/procurement-and-contracts, E-Mail Address angela.brown@ks.gov under the "Procurement Forms" link. Web Address: http://admin.ks.gov/offices/procurement-and-contracts 1.4. Contract Formation Item: Information Technology Services 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 contractor. Agency/Business Unit: Statewide - Optional 1.5. Notices Period of Contract: May 01, 2019 through January 31, 2024 All notices, demands, requests, approvals, reports, instructions, consents or other communications (collectively (With the option to renew for five (5) additional 12-month periods) "notices") that may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows Contractor: INFOJINI INC 10015 OLD COLUMBIA RD, SUITE B215 Kansas Procurement and Contracts COLUMBIA, MD 21046 900 SW Jackson, Suite 451-South Vendor ID: 0000575248 Topeka, Kansas 66612-1286 FEIN: On file RE: Contract Number 46417 Contact Person: Sandeep Harjani E-Mail: statebids@infojiniconsulting.com or to any other persons or addresses as may be designated by notice from one party to the other. Cell Phone Number: 443-257-0086 Fax: 443-283-4249 1.6. Statutes Payment Terms: Net 30 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 Political Subdivisions: Pricing is available to the political subdivisions of the State of Kansas. 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. Procurement Cards: Agencies may not use a P-Card for purchases from this contract. 1.7. Governing Law Administrative Fee: An Administrative Fee will be assessed against purchases from this contract. This contract shall be governed by the laws of the State of Kansas and shall be deemed executed in Topeka, Shawnee County, Kansas Awarded Groups: Groups 1, 2, 7, 8 and 9 1.8. Jurisdiction The above referenced contract award was recently posted to Procurement and Contracts website. The document can be The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas District Court of downloaded by going to the following website: http:/www.da.ks.gov/purchicContracts/ Shawnee County, unless otherwise specified and agreed upon by the State of Kansas. Contractor waives personal service of process, all defenses of lack of personal jurisdiction and forum non convenientheContract ID: 0000000000000000000046417 Contract ID: 0000000000000000000046417 Event ID: EVT0006086 Event ID: EVT0006086 Page 7 Page 8 Payment schedule shall be on a frequency mutually agreed upon by both the agency and the Contractor. evaluated for pre-qualification purposes. Contractor shall disclose any conviction or judgment for a criminal or civil offense of any employee, individual or entity which controls a company or organization or will perform work 1.40. Accounts Receivable Set-Off Program under this Agreement that indicates a lack of business integrity or business honesty. This includes (1 If, during the course of this contract the Contractor is found to owe a debt to the State of Kansas, a state conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or agency, municipality, or the federal government, agency payments to the Contractor may be intercepted / setoff subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes by the State of Kansas. Notice of the setoff action will be provided to the Contractor. Pursuant to K.S.A. 75- of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) 6201 et seq, Contractor shall have the opportunity to challenge the validity of the debt. The Contractor shall conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as credit the account of the agency making the payment in an amount equal to the funds intercepted. 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 K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas owes in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or Contractors against debts owed by the Contractors to the State of Kansas, state agencies, municipalities, or the otherwise controls its management or policies. Failure to disclose an offense may result in the termination of federal government. Payments setoff in this manner constitute lawful payment for services or goods received. the contract. The Contractor benefits fully from the payment because its obligation is reduced by the amount subject to setoff. 1.45. Materials and Workmanship The Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, facilities, 1.41. Federal. State and Local Taxes and means, necessary to complete all the work required by this Contract, within the time specified, in Unless otherwise specified, the contracted price shall include all applicable federal, state and local taxes. The accordance with the provisions as specified. Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Contract. The State of Kansas is exempt from state sales or use taxes and federal excise The Contractor shall be responsible for all work put in under these specifications and shall make good, repair taxes for direct purchases. These taxes shall not be included in the contracted price. Upon request, the State and/or replace, at the Contractor's own expense, as may be necessary, any defective work, material, etc., if in shall provide to the Contractor a certificate of tax exemption. the opinion of agency and/or Procurement and Contracts said issue is due to imperfection in material, design, workmanship or Contractor fault. The State makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor. 1.46. Industry Standards If not otherwise provided, materials or work called for in this contract shall be furnished and performed in 1.42. Quarterly Reports accordance with best established practice and standards recognized by the contracted industry and comply The Contractor shall be required to file a quarterly report by each state agency or political subdivision making with all codes and regulations which shall apply purchases under this contract. Reports are due no later than 30 days after the end of each calendar quarter and shall correlate with figures submitted as Administrative Fees (see below). Above referenced reports are to 1.47. Implied Requirements be filed with Procurement and Contracts Open Records Officer or his/her designee located at 900 SW Jackson, All products and services not specifically mentioned in this contract, but which are necessary to provide the Ste. 451-South, Topeka, KS 66612-1286. Reports may also be required to be submitted to the specific using functional capabilities described by the specifications, shall be included. agency. Electronic files shall be e-mailed to the following e-mail address: reports@ks.gov, in Microsoft@ Excel or 1.48. Inspection Microsoft@ Access Database format. The State reserves the right to reject, on arrival at destination, any items which do not conform with specification of the Contract. The required reporting format may be found on Procurement and Contracts website at http://admin.ks.gov/offices/procurement-and-contracts, under the "Procurement Forms" link. 1.49. Acceptance No contract provision or use of items by the State shall constitute acceptance or relieve the Contractor of Report Types - Reports shall be available reflecting the following information. Agencies and Procurement and liability in respect to any expressed or implied warranties. Contracts reserve the right to request additional information. 1.50. Ownership Sales Summary -- Report shall include a list of agencies and political subdivisions who have used the All data, forms, procedures, software, manuals, system descriptions and work flows developed or accumulated contract, a subtotal of sales to each agency or political subdivision, as well as a grand total of all sales. by the Contractor under this contract shall be owned by the using agency. The Contractor may not release any Items Sold -- Report shall include a list of items sold to agencies and political subdivisions, indicating the materials without the written approval of the using agency. contract price and using agency, a subtotal of sales to each agency or political subdivision, as well as a grand total of all sales. 1.51. Information/Data Items Sold, by Agency - Same as above, except sorted by agency. Any and all information/data required to be provided at any time during the contract term shall be made available in a format as requested and/or approved by the State 1.43. Administrative Fee Contractor(s) must pay a .5% Administrative Fee on all purchases (including political subdivisions) made 1.52. Certification of Materials Submitted against this contract. The fee is to be included in the cost of the goods or services. The Administrative Fee is The Bid document, together with the specifications set forth herein and all data submitted by the Contractor to to be based upon the total dollars invoiced under the contract. The Administrative Fee shall be made in check support their response including brochures, manuals, and descriptions covering the operating characteristics of form, payable to the "State of Kansas - Procurement and Contracts" and must be paid within 30 days following the item(s) proposed, shall become a part of the contract between the Contractor and the State of Kansas. Any the end of each quarter. Fees paid under this mandate shall correlate with figures submitted on the quarterly written representation covering such matters as reliability of the item(s), the experience of other users, or reports warranties of performance shall be incorporated by reference into the contract.Contract ID: 0000000000000000000046417 Contract ID: 0000000000000000000046417 Event ID: EVT0006086 Event ID: EVT0006086 Page 11 Page 12 complaint in relation to the privacy practices of the Contractor (or any Authorized Persons) or a breach or per occurrence or greater than 1,000,000 records minimum coverage of $10,000,000 alleged breach of this Agreement relating to such privacy practices. per occurrence, and payable, whether incurred by the State or the Contractor, for and on behalf of the State, including, but not limited to: State notification, whether or not 2.2.4. Standard of Care required by law, Forensic investigations, Public relations and crisis management fees; and Credit or identity monitoring, or similar remediation services. The policy 2.2.4.1. Contractor acknowledges and agrees that, in the course of its engagement by the State, the shall affirm coverage for contingent bodily injury and property damage arising from Contractor may receive or have access to Restricted Use Information. The Contractor shall the failure of the Contractor's technology services, or an error, or omission, in the comply with the terms and conditions set forth in this Agreement in its collection, receipt, content of, and information from, the Contractor. If a sub-limit applies to any element transmission, storage, disposal, use and disclosure of such Restricted Use Information and be of the coverage, the certificate of insurance must specify the coverage section and responsible for the unauthorized collection, receipt, transmission, access, storage, disposal, use the amount of the sub-limit. and disclosure of Restricted Use Information under its control or in its possession by all Authorized 2.2.4.4.2. Other Provisions. Unless explicitly waived by the State, the insurance policies shall contain, Persons. Contractor shall be responsible for, and remain liable to, the State for the actions and or be endorsed to contain, the following provisions: omissions of all Authorized Persons that are not Authorized Employees concerning the treatment 2.2.4.4.2.1. The Contractor's insurance coverage shall be the primary and contributory. Any of Restricted Use Information as if they were Contractor's own actions and omissions. insurance or self-insurance maintained by the Department for its officers, agents, and employees shall be in excess of the Provider's insurance and shall not contribute to 2.2.4.2. Restricted Use Information is deemed to be Confidential Information of the State and is not it. Confidential Information of the Contractor. In the event of a conflict or inconsistency between this 2.2.4.4.2.2. The Contractor's insurance shall apply separately to each insured against whom provision and other provisions of this Agreement, the terms and conditions set forth in this claim is made or suit is brought, except with respect to the limits of the insurer's provision shall govern and control. liability 2.2.4.4.2.3. The Contractor shall furnish the State with certificates of insurance, and with those 2.2.4.3. In recognition of the foregoing, Contractor agrees and covenants that it shall: endorsements, if any, affecting coverage, required by these Insurance Requirements. 2.2.4.3.1. keep and maintain all Restricted Use Information in strict confidence, using such degree of The certificates and endorsements for each insurance policy are to be signed by a care as is appropriate to avoid unauthorized access, use or disclosure; person authorized by the insurer to bind coverage on its behalf. All certificates and 2.2.4.3.2. use and disclose Restricted Use Information solely and exclusively for the purposes for endorsements are to be received and approved by the State before this Agreement which the Restricted Use Information, or access to it, is provided pursuant to the terms and commences. The State reserves the right to require complete, certified copies of all conditions of this Agreement, and not use, sell, rent, transfer, distribute, or otherwise required insurance policies at any time. disclose or make available Restricted Use Information for Contractor's own purposes or for 2.2.4.4.2.4. All policies should contain a revised cancellation clause allowing thirty (30) days' the benefit of anyone other than the State, in each case, without the State's prior written notice to the State in the event of cancellation for any reason, including nonpayment. consent; and 2.2.4.4.2.5. The State will not grant the Contractor, or any sub-contractor of the Contractor 2.2.4.3.3. not, directly or indirectly, disclose Restricted Use Information to any person other than its Additional Insured status and the State will not grant any Contractor a "Waiver of Authorized Employees/Authorized Persons, including any subcontractors, agents, Subrogation". outsourcers or auditors (an "Unauthorized Third Party"), without express written consent 2.2.5. Compliance from the State unless and to the extent required by Government Authorities or as otherwise, to the extent expressly required, by applicable law, in which case, Contractor shall 2.2.5.1. Contractor represents and warrants that its collection, access, use, storage, disposal and 2.2.4.3.3.1. notify the State before such disclosure or as soon thereafter as reasonably possible; disclosure of Restricted Use Information does and will comply with all applicable federal and state 2.2.4.3.3.2. be responsible for and remain liable to the State for the actions and omissions of privacy and data protection laws, as well as all other applicable regulations and directives. such Unauthorized Third Party concerning the treatment of such Restricted Use Information as if they were Contractor's own actions and omissions; and 2.2.5.2. Without limiting Contractor's obligations under paragraph (4.3.11.1) of this provision, Contractor 2.2.4.3.3.3. require the Unauthorized Third Party that has access to Restricted Use Information to shall implement administrative, physical and technical safeguards to protect Restricted Use execute a written agreement agreeing to comply with the terms and conditions of this Information that are no less rigorous than accepted industry practices (including the FIPS 140-2 - Agreement relating to the treatment of Restricted Use Information. Federal Information Processing Standards, the Information Technology Library (ITIL) standards the Control Objectives for Information and related Technology (COBIT) standards, the NIST 800- 2.2.4.4. Insurance Requirements. The Contractor shall procure and maintain insurance against claims for 53v4 - National Institute of Standards and Technology or other applicable industry standards for injuries to persons, which may arise from, or in connection to, the fulfillment of this Agreement, by information security), and shall ensure that all such safeguards, including the manner in which the Contractor, its agents, representatives, employees, or Subcontractors. The insurance shall be Restricted Use Information is collected, accessed, used, stored, processed, disposed of and secured by the Contractor, at the Contractor's expense, and maintained in force, at all times disclosed, comply with applicable data protection and privacy laws, as well as the terms and during the term of this Agreement, and, for any claims-made (as opposed to occurrence-based) conditions of this Agreement. policies, for a period of not less than two (2) years thereafter. 2.2.5.3. If, in the course of its engagement by the State, Contractor has access to or will collect, access, 2.2.4.4.1. Minimum Coverage. Errors and Omissions, or Professional Liability Insurance, or Insurance use, store, process, dispose of or disclose credit, debit or other payment cardholder information, by any other name, covering the following: Contractor shall at all times remain in compliance with the Payment Card Industry Data Security 2.2.4.4.1.1. All acts, errors, omissions, negligence, infringement of intellectual property (except Standard ("PCI DSS") requirements, including remaining aware at all times of changes to the PCI patent and trade secret) in an amount not less than $1,000,000 per occurrence, and DSS and promptly implementing all procedures and practices as may be necessary to remain in as an annual aggregate compliance with the PCI DSS, in each case, at Contractor's sole cost and expense 2.2.4.4.1.2. Network security and privacy risks, including, but not limited to, unauthorized access, failure of security, breach of privacy, wrongful disclosure, collection, or other 2.2.5.4. At a minimum, Contractor's safeguards for the protection of Restricted Use Information shall negligence in the handling of confidential information, related regulatory defense, and include: penalties in an amount not less than $1,000,000 per occurrence, and as an annual 2.2.5.4.1. limiting access of Restricted Use Information to Authorized Persons. Securing business2.2.5.4.4. implementing authentication and access controls within media, applications, operating ecord information contained in the Interstate Identification Index (III) System and the systems and equipment Fingerprint Identification Records System (FIRS) may be made available: 1) To criminal 2.2.5.4.5. encrypting Restricted Use Information stored on any mobile media justice agencies for criminal justice purposes, which purposes include the screening of 2.2.5.4.6. encrypting Restricted Use Information transmitted over public or wireless networks employees or applicants for employment hired by criminal justice agencies. 2) To 2.2.5.4.7. strictly segregating Restricted Use Information from information of Contractor or its other noncriminal justice governmental agencies performing criminal justice dispatching functions customers so that Restricted Use Information is not commingled with any other types of or data processing/information services for criminal justice agencies; and 3) To private information contractors pursuant to a specific agreement with an agency identified in paragraphs (@)(1) 2.2.5.4.8. implementing appropriate personnel security and integrity procedures and practices, or (a)(6) of this section and for the purpose of providing services for the administration of including, but not limited to, conducting background checks consistent with applicable law criminal justice pursuant to that agreement. The agreement must incorporate a security 2.2.5.4.9. providing appropriate privacy and information security training to Contractor's Authorized addendum approved by the Attorney General of the United States, which shall specifically Persons. authorize access to criminal history record information, limit the use of the information to the purposes for which it is provided, ensure the security and confidentiality of the information 2.2.5.5. During the term of each Authorized Person's employment by the Contractor, Contractor shall at all consistent with these regulations, provide for sanctions, and contain such other provisions as times cause such Authorized Persons to abide strictly by Contractor's obligations under this the Attorney General may require. The power and authority of the Attorney General Agreement and Contractor's standard policies and procedures. Contractor further agrees that it hereunder shall be exercised by the FBI Director (or the Director's designee). KCJIS policy shall maintain a disciplinary process to address any unauthorized access, use or disclosure of and regulatory requirements can be found at Restricted Use Information by any of Contractor's officers, partners, principals, employees, agents https://cjisaudit.khp.ks.gov/launchpad/cjisdocs/docs.cqi?cat id=10. or contractors. Upon the States written request, Contractor shall promptly identify for the State in 2.2.5.7.6. Kansas Information Technology Executive Committee (ITEC) and State Policies. Regardless writing all Authorized Persons as of the date of such request. of data classification, Contractor agrees to comply with all applicable ITEC and State policies. When policies, agreements, regulation or law are in conflict, the more stringent 2.2.5.6. Upon the States written request, Contractor shall provide a network diagram that outlines requirement applies. ITEC Policies can be found at https://oits.ks.gov/kito/itec/itec-policies. Contractor's information technology network infrastructure and all equipment used in to fulfill obligations of this Agreement, including, without limitation: 2.2.5.8. Compliance Oversight. Upon the States written request, to confirm Contractor's compliance with 2.2.5.6.1. connectivity to the State and all third parties who may access Contractor's network to the this Agreement, as well as any applicable laws, regulations and industry standards, Contractor extent the network contains Restricted Use Information grants the State or, upon the States election, a third party on the States behalf, permission to 2.2.5.6.2. all network connections including remote access services and wireless connectivity perform an assessment, audit, examination or review of all controls in Contractor's or Authorized 2.2.5.6.3. all access control devices (for example, firewall, packet filters, intrusion detection and Person's physical and/or technical environment in relation to all the State Information being access-list routers) handled and/or services being provided to the State pursuant to this Agreement. Contractor shall 2.2.5.6.4. all back-up or redundant servers fully cooperate with such assessment by providing access to knowledgeable personnel, physical 2.2.5.6.5. permitted access through each network connection. premises, documentation, infrastructure and application software that processes, stores or transports State Information for the State pursuant to this Agreement. In addition, upon the States 2.2.5.7. Upon the States declaration of any of the following federally regulated or controlled data, written request, Contractor shall provide the State with the results of any audit by or on behalf of Contractor agrees to comply with all additional applicable compliance requirements. Contractor performed that assesses the effectiveness of Contractor's information security program 2.2.5.7.1. Federal Tax Information (FTI). This data classification applies to information provided to the as relevant to the security and confidentiality of State Information shared during the course of this State directly from the Internal Revenue Service (IRS). The FIT data classification has Agreement. extensive compliance requirements; these requirements are detailed in IRS Publication 1075, this publication and supporting documents can found at: https://www.irs.gov/privacy- 2.2.6. Information Security Management disclosure/safeguards-program. NOTE: Any agreement that directly or may indirectly include access to data subject to this classification, must include Exhibit 7 of IRS Publication 1075 2.2.6.1. Offshore sourcing either directly or through subcontractors, or agents for technology services, The Exhibit 7 language can also be found at https://oits.ks.gov/info-security/policy. technology support services, data storage or data processing of any kind is prohibited without 2.2.5.7.2. Social Security Information (SSA). This data classification applies to information provided to written consent of the State. the State directly from the SSA or from the State Transfer Component (STC). The SSA data classification has common cybersecurity compliance requirements, however the publication 2.2.6.2. Return or destruction of State Information. At any time during the term of this Agreement at the detailing these requirements is not publicly available. Upon contract award this publication States written request or upon the termination or expiration of this Agreement for any reason will be provided. NOTE: Any agreement that directly or may indirectly include access to data Contractor shall, and shall instruct all Authorized Persons to, promptly return to the State all subject to this classification, must include the language provided by the SSA, which is copies, whether in written, electronic or other form or media, of State Information in its possession provided at https://oits.ks.gov/info-security/policy. or the possession of such Authorized Persons, or securely dispose of all such copies, and certify 2.2.5.7.3. Office of Child Support Enforcement (OCSE) Requirements for National Directory of New in writing to the State that such State Information has been returned to the State or disposed of Hires (NDNH). This data classification applies to information provided to the State directly securely. Contractor shall comply with all reasonable directions provided by the State with respect from the IRS. The OCSE or NDNH data classification requires that any agreement that to the return or disposal of Personal Information. directly or may indirectly include access to data subject to this classification, must include specific language that can be found at https://oits.ks.gov/info-security/policy. 2.2.6.3. Security breach 2.2.5.7.4. Health Information Portability Accountability Act (HIPAA). This data classification applies to information declared as Personal Healthcare Information (PHI) by the State. The HIPAA data 2.2.6.3.1. Service Provider shall: classification requires that any agreement that directly or may indirectly include access to 2.2.6.3.1.1. Provide the State with the name and contact information for an employee of PHI requires a Business Associate Agreement (BAA). The BAA must be incorporated and Contractor who shall serve as the State's primary security contact and shall be agreed to prior to execution of the agreement. available to assist the State twenty-four (24) hours per day, seven (7) days per week 2.2.5.7.5. Kansas Criminal Justice Information Systems (KCJIS). This data classification applies to as a contact in resolving obligations associated with a Security Breach; information declared as Criminal Justice Information (CJI) by the State. The CJI data 2.2.6.3.1.2. Provide notification in accordance with all applicable federal regulatory compliance classification requires that any agreement that directly or may indirectly include access to requirements and notify the State of a Security Breach as soon as practicable, but no CJI requires Security Addendum addressing CJI. Pursuant to Title 28 of the Code of Federal later than twenty-four (24) hours after Contractor becomes aware of it. Regulations: $ 20.33 Dissemination of criminal history record information. a) Criminal historyContract ID: 0000000000000000000046417 Contract ID: 0000000000000000000046417 Event ID: EVT0006086 Event ID: EVT0006086 Page 29 Page 30 3. Contractual Provisions Attachment 3.7. Arbitration, Damages, Warranties DA-146a Rev. 06/12 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 3.1. Terms Herein Controlling Provisions Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that over the terms of any other conflicting provision in any other document relating to and a part of the contract in attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness attachment are nullified. or a particular purpose. 3.2. Kansas Law and Venue 3.8. Representative's Authority To Contract This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and By signing this contract, the representative of the contractor thereby represents that such person is duly jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees of Kansas to be bound by the provisions thereof. 3.3. Termination Due To Lack Of Funding Appropriation 3.9. Responsibility For Taxes If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, not appropriated to continue the function performed in this agreement and for the payment of the charges state or local taxes which may be imposed or levied upon the subject matter of this contract. 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 3.10. Insurance notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the o property or any other subject matter relating to this contract, nor shall this contract require them to establish right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. a"self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by property in which the contractor holds title. 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 3.11. Information or the contractor. 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. 3.4. Disclaimer Of Liability No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to 3.12. The Eleventh Amendment defend, hold harmless, or indemnity any contractor or third party for any acts or omissions. The liability of the The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.). eserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment." 3.5. Anti-Discrimination Clause The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and 3.13. Campaign Contributions / Lobbying the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Funds provided through a grant award or contract shall not be given or received in exchange for the making of Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person a campaign contribution. No part of the funds provided through this contract shall be used to influence or because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at of any government contract, grant, loan, or cooperative agreement. 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 quilty 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