executive committee - kansas board of emsksbems.org/html pages/executive packet.pdf · executive...

NOTES: Please remember to turn off all cell phones or place them on silent mode during the Board meeting. If it is necessary to accept the call, please step outside of the meeting room to continue your phone call. Additionally, the use of tobacco is not permitted inside this building.

Executive Committee Joel Hornung - Acting Chair

AGENDA April 6, 2017

Landon State Office Building 900 SW Jackson, Room 509; Topeka, Kansas

11:00 am – 12:15 pm 1. Standing Items

1.1 Legislative Update Federal Legislation

• H.R. 304 – Controlled Substances Act • H.R. 1445 – VREASA – VA bill • S. 471 – Isla Rose Life Flight Act • H.R. 286 – First Responder Medical Device Tax Relief Act

Kansas Legislation (currently in session – changes/additions may occur prior to meeting)

• HB 2076 - Seat belt safety fund • HB 2044 – Medicaid Expansion • HB 2137 – County Commissioner/City Council Volunteer EMS/Fire • HB 2153 – Notice of transfer of fee funds • HB 2217 – Access to naloxone • HB 2285 / SB 186 – GEMT reimbursement • SB 76 – Restrictions on fees and licensing requirements

REPLICA – EMS Personnel Licensure Compact • Goes into effect upon the 10th state enacting the legislation.

Wyoming and Mississippi both have enacted this year bringing the total to 9. Introduced in 9 other states.

2. Old Business 2.1 Regulatory Revision – Naloxone – Action Requested

Updates to K.A.R. 109-3-3 and K.A.R. 109-3-4 have been through the regulatory revision process and are presented for consideration of adoption by the Board. Changes were to allow the EMR and EMT to administer Naloxone and to clean-up language from statutory revisions made effective July 2016. Public Hearing held on April 5th.

3. New Business

Landon State Office Building 900 SW Jackson Street, Room 1031 Topeka, KS 66612-1228

Board of

Emergency Medical Services

phone: 785-296-7296 fax: 785-296-6212 www.ksbems.org

Dr. Joel E Hornung, Chair Joseph House, Executive Director Sam Brownback, Governor

NOTES: Please remember to turn off all cell phones or place them on silent mode during the Board meeting. If it is necessary to accept the call, please step outside of the meeting room to continue your phone call. Additionally, the use of tobacco is not permitted inside this building.

3.1 Kansas Revolving Assistance Fund - Action Requested The KRAF Grant submission process closed with 58 requests for funding for a total amount of $1,082,796.48. 2 requests did not qualify due to not submitting data into KEMSIS. This brought the total to 56 requests for a total amount of $1,030,808.00. The KRAF review committee requests that the Executive Committee forward the recommendation for the funding of requested items totaling approx. $380,000 for approval of the Board.

o 2017 KRAF Grant Award Recommendations o 2017 KRAF Analysis

3.2 Examination Contract Renewal – Action Requested

Discussion regarding exercising the final extension of the BLS examination contract.

3.3 DNR Identifier Distributor Approval – Action Requested StickyJ Medical ID has requested to become a distributor of DNR Identifiers in Kansas.

3.4 Provider Continuing Education Audit Policy – Action Requested This policy aims to provide a consistent, fair, and transparent approach to continuing education audits and allows the provider to be aware of the process involved.

4 Public Comment Public comment time on the agenda is limited to no more than 5 minutes by any one speaker. If an individual wishes to comment on an agenda item after committee discussion but before a vote, the individual should notify the Chair prior to the start of the meeting.

5 Adjournment

Legislative Update

Federal Legislation:

• H.R. 304 – Controlled Substances Act – No changes since the February meeting, still awaiting a Senate hearing. This makes legal the current practice of ambulance services’ handling and administration of scheduled medications.

• H.R. 1445 – Veteran’s Reimbursement Emergency Ambulance Service Act – This bill corrects an issue that Senator Faust-Goudeau brought to the Board 16 months ago (may have been longer…) This allows for a veteran to be transported to the nearest facility to handle that person’s emergency and directs the VA to pay for that ambulance service. My understanding of the bill is that it does not take into account a patient’s preference to go to a facility other than a VA hospital, just if it is an emergency and the other facility is more appropriate to the prudent layperson. Introduced on March 9th.

• S. 471 – Isla Rose Life Flight Act – This bill was designed to preserve the states’ right to regulate cost for air ambulance transport in emergency situations. Currently cost for air transportation falls squarely under the airline deregulation act. Because there is no language specifically carving out air medical transportation, air medical can utilize the airline deregulation act as sound reasoning for states to not regulate rate, route, or service.

• H.R. 286 – First Responder Medical Device Tax Relief Act – this bill would make certain medical devices purchased by ambulance services exempt from the medical device tax.

State Legislation:

• HB 2076 – Seat belt safety fund – passed in the House and passed the Senate committee with a small amendment. This is anticipated to pass in the Senate during the last week of March and to go back to the House for concurrence to the amendment. We anticipate this law to pass and to go into effect on July 1, 2017.

• HB 2044 – Medicaid expansion – passed in the House and passed the Senate committee without amendment. This is anticipated to pass in the Senate during the last week of March.

• HB 2137 – Ability for an elected official to volunteer for an EMS service or fire service – passed in the House and passed the Senate committee with an amendment. The amendment states that the elected official cannot receive remuneration for the volunteered work. This is anticipated to pass in the Senate and to go back to the House for concurrence to the amendment. There is not much reason for this to not pass and go into effect on July 1, 2017.

• HB 2153 – Notice of transfer of fee funds – passed in the House and passed the Senate committee with an amendment. The amendment makes it clear that any transferring of fee funds to the state general fund is unlawful. This will probably receive a debate within the Senate.

• HB 2217 – Access to naloxone – passed in the House and passed the Senate committee without amendment. This is anticipated to pass in the Senate and would go into effect on July 1, 2017.

• HB 2285 / SB 186 – GEMT reimbursement – received a hearing in the Senate. Anticipate the bill to be worked.

• SB 76 – Restrictions on fees and licensing requirements – after the hearing within the Senate committee, we offered to work with the chair and ranking minority member to use our agency

as a pilot agency for the changes proposed within the legislation. We anticipate working outside of the session to further the work on this bill.

REPLICA (Recognition of EMS Personnel Licensure Interstate Compact):

Goes into effect once the 10th state enacts the legislation. Wyoming was the 8th state to enact and Mississippi was the 9th state to enact. We completely anticipate the 10th state enacting this year and the compact being stood up.

Current REPLICA states: Texas, Colorado, Virginia, Idaho, Utah, Kansas, Tennessee, Wyoming, and Mississippi.

REPLICA has been introduced in: Arkansas, Missouri, New Mexico, Minnesota, Nevada, Oregon, Alabama, Georgia, and West Virginia.

Oklahoma will introduce it next year. Nebraska has held informational hearings in the state with a very good reception.

2017 KRAF Grant Award RecommendationsState funded

# Items Awarded Amount Awarded

11 Zoll X Series Monitor/defibrillator 212,074.99$

1 Suction Units 393.75$

10 King Vision/IntuBrite Digital Display Kit 11,373.77$

3 LifePak 15 Monitor/Defibrillator (2 refurbished 40,210.21$

4 Lucas 3 Chest Compression System 38,243.49$

1 Masimo RAD‐57 4,279.50$

2 AEV Portable Ventilator 14,710.01$

2 Phillips Heart Monitor 32,311.34$

5 Splints 1,663.21$

3 Stair Chair 6,392.18$

2 Zoll AutoPulse System 15,417.00$

377,069.45$

Local funding ranged from 0% to 50% and breaks out as follows:

# % Local Funds Local Funding Match

1 62% 1,983.38

1 51% 17,522.22

10 50% 72,691.20

1 45% 6,593.71

1 44% 15,116.74

4 43% 59,397.53

1 41% 13,877.26

1 40% 5,538.00

1 38% 12,245.94

1 37% 11,768.28

2 35% 13,206.28

1 34% 4,981.91

15 25% 26,944.74

1 20% 2,597.50

2 10% 795.4

1 0% 3,289.45

44 268,549.54

2017 KRAF ANALYSIS

Complete Applications: Total Number Received: 56 eligible applications Funding Requested: $1,030,807.54 ELIGIBLE REQUEST CATEGORIZATION: By Region By Population Density

Region 1 18% (10) Frontier 25% (14) Region 2 11% (6) Rural 23% (13) 78% (44)

Region 3 36% (20) Densely Settled 30% (17) Region 4 9% (5) – Rural Region 5 19% (11) Semi-Urban 22% (12) Region 6 7% (4) Urban 0% (0)

Awarded Applications: Total Awarded: 32 applications Total Funding: $645,618.99 State Funds: $377,069.50 Local Funds: $268,549.54 AWARDED REQUEST CATEGORIZATION: By Region By Population Density Region 1 19% (6) Frontier 25% (8) Region 2 13% (4) Rural 22% (7) 75% (24)

Region 3 31% (10) Densely Settled 28% (9) Region 4 9% (3) – Rural Region 5 19% (6) Semi-Urban 25% (8) Region 6 9% (3) Urban 0% (0)

CONTRACT AWARD Date of Award: January 14, 2013 Contract ID: 37702 Event ID EVT0001720 Replaces Contract: 12269 Procurement Officer: Angela Brown Telephone: 785-296-7251 E-Mail Address: [email protected] Web Address: http://admin.ks.gov/offices/procurement-and-contracts Item: Examination Services Agency/Business Unit: Kansas Board of Emergency Medical Services - 20600 Period of Contract: July 1, 2013 through June 30, 2017

(with the option to renew for one (1) additional one (1) year period) Contractor: SOUTHWEST KANSAS EMS INC 475 S TOWNS BLVD GARDEN CITY, KS 67846-9554 Vendor ID: 0000050647

Local Telephone: 620-290-2001 Fax: 620-275-6686 FEIN: 48-0883711 Contact Person: Bradley Sisk/Kathy Dooley E-Mail: [email protected]

Conditions: Amendment 1 – Renews contract for the period of July 1, 2014 through June 30, 2015. Amendment 2 – Renews contract for the period of July 1, 2015 through June 30, 2016. Amendment 3 – Renews contract for the period of July 1, 2016 through June 30, 2017. Political Subdivisions: Pricing is not available to the political subdivisions of the State of Kansas. Procurement Cards: Agencies may not use a P-Card for purchases from this contract. Administrative Fee: No Administrative Fee will be assessed against purchases from this contract.

Contract ID: 37702 EVT0001720

Page 2

TERMS AND CONDITIONS

Contract Documents: 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; • the RFP, including any and all amendments; and • Contractor's written proposal submitted in response to the RFP as finalized.

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 contractor. Notices: All notices, demands, requests, approvals, reports, instructions, consents or other communications (collectively "notices") that may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows: Kansas Department of Administration Procurement and Contracts 800 SW Jackson St, Suite 600 Topeka, Kansas 66612-1216 RE: Contract Number (as noted on page 1)

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

• the Contractor provides substandard quality or workmanship;

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

• the Contractor fails to 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. 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. 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 or goods were accepted by State subject to any offset by State for actual damages including loss of federal matching funds.


Page 3

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. 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. 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. 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, social security, income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract. 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 contract specifications may result in termination of this contract or damages. 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. Proof of Insurance: Upon request, the Contractor shall present an affidavit of Worker's Compensation, Public Liability, and Property Damage Insurance to Procurement and Contracts. 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 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. 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 (K.S.A. 42-215 et seq.) 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 agrees 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. Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local laws, and rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws or rules or regulations may result in termination of this contract. Environmental Protection: The Contractor shall abide by all federal, state and local laws, and 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 or rule or regulations may result in termination of this contract for cause. Hold Harmless: The Contractor shall indemnify the State against any and all loss or damage to the extent arising out of


Page 4

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. 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. 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. The Contractor shall reimburse State for such property's loss or damage caused by Contractor, normal wear and tear excepted. 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. Retention of Records: Unless the State specifies in writing a different period of time, the Contractor agrees to preserve and make available at reasonable times 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 within five (5) business days at no cost to the state. Antitrust: If the Contractor elects not to proceed with performance under any such contract with the State, 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. Modification: This contract shall be modified only by the written agreement and approval of the parties. 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. 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. State may reasonably withhold consent for any reason. This contract may terminate for cause in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of the State. Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third party. 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. 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 permitted by law. Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed executed in Topeka, Shawnee County, Kansas. 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. Contractor waives personal


Page 5

service of process, all defenses of lack of personal jurisdiction and forum non conveniens. The Eleventh Amendment of the United States Constitution 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 Agreement shall be deemed a waiver of the Eleventh Amendment. Mandatory Provisions: The provisions found in Contractual Provisions Attachment (DA 146a) are incorporated by reference and made a part of this contract. 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 Agreement between the parties shall be independent of and have no effect on any other contracts of either party. Debarment of State Contractors: Any Contractor who defaults on delivery or does not perform in a satisfactory manner as defined in this Agreement may be barred for up to a period of three (3) years, pursuant to K.S.A. 75-37,103, or have its work 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 under this Agreement that indicates a lack of business integrity or business honesty. 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 the termination of the contract. Immigration and Reform Control Act of 1986 (IRCA): 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-contractors. The usual method of verification is through the Employment Verification (I-9) Form. The contractor hereby certifies without exception that such 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 for cause and any applicable damages.

Unless provided otherwise herein, all contractors are expected to be able to produce for the State any documentation or other such evidence to verify Contractor's IRCA compliance with any provision, duty, certification or like item under the contract. Worker Misclassification: The contractor and all lower tiered subcontractors under the contractor shall properly classify workers as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes, and income tax withholding. Failure to do so may result in contract termination. 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. 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. Federal, State and Local Taxes: Unless otherwise specified, the proposal price shall include all applicable federal, state and local taxes. The 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 taxes for direct purchases. These taxes shall not be included in the bidder's price quotation. Upon request, the State shall


Page 6

provide to the Contractor a certificate of tax exemption. The State makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor. Accounts Receivable Set-Off Program: If, during the course of this contract the Contractor is found to owe a debt to the State of Kansas, agency payments to the Contractor may be intercepted / setoff by the State of Kansas. Notice of the setoff action will be provided to the Contractor. Pursuant to K.S.A. 75-6201 et seq, Contractor shall have the opportunity to challenge the validity of the debt. If the debt is undisputed, the 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 setoff funds the State of Kansas owes Contractors against debts owed by the Contractors to the State of Kansas. Payments setoff in this manner constitute lawful payment for services or goods received. The Contractor benefits fully from the payment because its obligation to the State is reduced by the amount subject to setoff. Indefinite Quantity Contract: This is an open-ended contract between the Contractor and the State to furnish an undetermined quantity of a good or service in a given period of time. The quantities ordered will be those actually required during the contract period, and the Contractor will deliver only such quantities as may be ordered. No guarantee of volume is made. An estimated quantity based on past history or other means may be used as a guide. Prices: Prices shall remain firm for the entire contract period and subsequent renewals. Prices shall be net delivered, including all trade, quantity and cash discounts. Any price reductions available during the contract period shall be offered to the State of Kansas. Failure to provide available price reductions may result in termination of the contract for cause. Price Adjustments: On the yearly anniversary date of this contract, costs may remain at the existing contract price or a request for adjustment may be made, either upward or downward, keyed to industry changes. Contractor shall furnish documentation at least 30 days prior to expiration date to substantiate any claim for increase. Price increases shall not exceed five percent (5%) of the existing contract. The State of Kansas reserves the right to accept, amend or deny any such price increase. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be rebid. Payment: Payment Terms are Net 30 days. Payment date and receipt of order date shall be based upon K.S.A. 75-6403(b). This Statute requires state agencies to pay the full amount due for goods or services on or before the 30th calendar day after the date the agency receives such goods or services or the bill for the goods and services, whichever is later, unless other provisions for payment are agreed to in writing by the Contractor and the state agency. NOTE: If the 30th calendar day noted above falls on a Saturday, Sunday, or legal holiday, the following workday will become the required payment date. Payments shall not be made for costs or items not listed in this contract. Charge Back Clause: If the Contractor fails to deliver the product within the delivery time established by the contract, the State reserves the right to purchase the product from the open market and charge back the difference between contract price and open market price to the Contractor. Materials and Workmanship: The Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, necessary to complete all the work required by this Contract, within the time specified, in accordance with the provisions as specified. The contractor shall be responsible for all work put in under these specifications and shall make good, repair and/or replace, at the contractor's own expense, as may be necessary, any defective work, material, etc., if in the opinion of agency and/or Procurement and Contracts said issue is due to imperfection in material, design, workmanship or contractor fault. 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. Implied Requirements: All products and services not specifically mentioned in this contract, but which are necessary to provide the functional capabilities described by the specifications, shall be included.


Page 7

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. Ownership: All data, forms, procedures, software, manuals, system descriptions and work flows developed or accumulated by the Contractor under this contract shall be owned by the using agency. The Contractor may not release any materials without the written approval of the using agency. Data: Any and all 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. Certification of Materials Submitted: The RFP, together with the specifications set forth herein and all data submitted by the contractor to support their response including brochures, manuals, and descriptions covering the operating characteristics of the item(s) proposed, shall become a part of the contract between the Contractor and the State of Kansas. Any written representation covering such matters as reliability of the item(s), the experience of other users, or warranties of performance shall be incorporated by reference into the contract. Inspection: The State reserves the right to reject, on arrival at destination, any items which do not conform with specification of the Contract. New Materials, Supplies or Equipment: Unless otherwise specified, all materials, supplies or equipment offered by the Contractor shall be new, unused in any regard and of most current design. All materials, supplies and equipment shall be first class in all respects. Seconds or flawed items will not be acceptable. All materials, supplies or equipment shall be suitable for their intended purpose and, unless otherwise specified, fully assembled and ready for use on delivery. Transition Assistance: In the event of contract termination or expiration, Contractor shall provide all reasonable and necessary assistance to State to allow for a functional transition to another vendor.


Page 8

SPECIFICATIONS

1. This contract is established with a vendor to provide psychomotor skills examinations for First Responder,

Emergency Medical Responder, Emergency Medical Technician-Basic, Emergency Medical Technician, Emergency Medical Technician-Intermediate; and administration of the Kansas Emergency Medical Technician-Intermediate written examination per Appendix A, for the Kansas Board of Emergency Medical Services, 900 SW Jackson, LSOB, Room 1031, Topeka, KS 66612.

2. Term of Contract: The term of this contract is for the period July 1, 2013 through June 30, 2014, with the option

to renew for four (4) additional one (1) year periods by written agreement of the parties.

3. Background: The Kansas Board of Emergency Medical Services, herein known as the “Board”, ensures that quality out-of-hospital care is available across Kansas through the adoption of standards; definition of scopes of practice; validation of competency; and provision of health, safety, and prevention education and information to the public.

4. Scope of Work: The Contractor shall accept the responsibilities of administration of psychomotor skills

examinations to all candidates for First Responder, Emergency Medical Responder, Emergency Medical Technician-Basic, Emergency Medical Technician, and Emergency Medical Technician-Intermediate and the administration of the Kansas Emergency Medical Technician-Intermediate written examination throughout the State on behalf of the Board. The vendor(s) will agree to comply with the following stipulations:

A. This is a competency examination process and shall be conducted as such. The examination will not include

teaching, prompting, or otherwise assisting a candidate. NO feedback will be provided to candidates, instructors or any other non-Board staff regarding student outcomes, mistakes, errors, or incompetency that constituted failure of the examination process (Appendix O).

B. The Board retains all authorities, management, control, review, and regulation of the psychomotor

skills examination and written examination for the State of Kansas under Kansas Statutes Annotated (K.S.A) 65-6111 et seq and Kansas Administrative Regulation (K.A.R.) 109-8-1. Any authorities, management, control, review, or regulation of the above processes not explicitly denoted are hereby retained and held by the Board.

5. Services to be Provided:

A. The Contractor will provide the psychomotor skills examination to all First Responder, Emergency Medical

Responder, Emergency Medical Technician-Basic, Emergency Medical Technician, and the psychomotor and written examinations for the Emergency Medical Technician-Intermediate candidates having completed such courses in Kansas and desiring to take such examination(s) in Kansas.

B. Psychomotor skills examinations at all levels and the Emergency Medical Technician-Intermediate written examinations shall be offered a minimum of one (1) time per quarter, within each of the six (6) emergency medical services regions in Kansas (see map below) with no minimum candidate application(s) requirement per examination site. (Note: The intent is that one exam location in each Region with all certification levels of exams be done [a minimum of] once per quarter. The examinations for each level can be conducted on the same day.)


Page 9

C. Psychomotor skills examinations for each level of certification will consist of all skills approved by the Board without exception. For First Responder and Emergency Medical Responder candidates the skills examination consists of five (5) stations; bag-valve-mask ventilation of an apneic adult patient station, oxygen administration by non-rebreather mask station, a randomly selected patient assessment and management station for either a trauma patient or a medical patient, cardiac arrest management with an AED station, and spinal immobilization of a supine patient station; for Emergency Medical Technician-Basic and Emergency Medical Technician candidates the skills examination consists of six (6) stations; bag-valve-mask ventilation of an apneic adult patient station, oxygen administration by non-rebreather mask station, a randomly selected patient assessment and management station for either a trauma patient or a medical patient, a cardiac arrest management with an AED station, spinal immobilization of a supine patient station, and a random skills station that consists of either spinal immobilization of a seated patient or bleeding control and shock management; and for Emergency Medical Technician-Intermediate candidates the skills examination consists of three (3) stations; combitube, intravenous therapy, and phlebotomy.

D. The Contractor will administer the Kansas Emergency Medical Technician-Intermediate written (cognitive) examination

to all candidates authorized to take such examination in Kansas. E. The Contractor will notify the Board, via email or in writing, a minimum of 15 business days in advance of any request

for examination for the Emergency Medical Technician-Intermediate written examination. F. The Contractor will provide examination results to the Board on bubble sheets approved by the Board available for

purchase from the Board office. These forms may not be duplicated. Bubble sheets will be available during the first year of the contract at a rate of $0.75/each. The vendor(s) should anticipate an increase in cost each year based on the standard rate of inflation. Bubble sheets for each level of certification shall be ordered in lots of 500 per certification level.

G. Other examination documents will be provided to the vendor in PDF format for duplication by the vendor. H. Examination materials consisting of all skill examination check sheets, bubble sheets, authority to examine form,

complaint forms and incident reports shall be shipped to:

Kansas Board EMS 900 SW Jackson Landon State Office Building Suite 1031 Topeka, Kansas 66612

within seven (7) business days of the examination by a ground or air carrier. A tracking number shall be secured at the time of the shipment and shall be kept on file for the duration of the contract.

I. The Board shall maintain authority over the entire examination process and the authority to overturn examination

outcomes as deemed appropriate on review by the Board staff.


Page 10

6. Deliverables:

Methodology for administration of the psychomotor skills examination at the First Responder, Emergency Medical Responder, Emergency Medical Technician – Basic, Emergency Medical Technician, and Emergency Medical Technician-Intermediate levels; and the administration of the Emergency Medical Technician-Intermediate written (cognitive) examination. Address the procedure(s) and/or policies for the following:

1. Notification and publication of the examination date, time and location of the mandated quarterly examinations

2. Candidate registration procedure for: a. Initial psychomotor skills examination attempt at any level b. Initial Emergency Medical Technician-Intermediate written attempt c. Re-testing the psychomotor skills examination at the same site and on the same day as initial attempt at

any level d. Re-testing the psychomotor skills examination at a time other than theinitial attempt at any level e. Re-testing the emergency medical technician-intermediate written attempt

3. Process by which: a. Individual instructors or training institutions request an examination that is not one of the mandated

quarterly examinations b. Mandated examination sites will be scheduled and located c. Competency of examiner for evaluated candidate using non-traditional equipment is assured

4. Quality control of the overall examination a. Site (Appendix H) b. Candidate (Appendix G)

5. Method to ensure examination consistency a. Orientation (Appendix N) b. Examination

c. Post Examination (Appendix K)

6. Notification to the Board of examination irregularities; with a description of when such notification will be provided (Appendix E and Appendix M)

7. Examination personnel:

a. Qualifications (Appendix L) 1) Site Coordinator 2) Examiner 3) Examination Assistant b. Selection process (Appendix J)

1) Site Coordinator 2) Examiner 3) Examination Assistant

c. Initial Training that follows Board identified training standards (Appendix I) 1) Site Coordinator d. Recurrent Training and competency evaluation 1) Site Coordinator 2) Examiner

e. Dismissal/termination of examination personnel

8. Examination Orientations to: a. Skill Examiners (Appendix L)

b. Examination Assistants (Appendix L) c. Candidates (Appendix N)


Page 11

9. Fee assessed to candidate for:

a. Initial psychomotor skills examination attempt b. Emergency Medical Technician-Intermediate written examination each attempt c. Retesting of single station psychomotor skills examination at the same site on the same day as initial

attempt d. Retesting of two (2) station psychomotor skills examination at the same site on the same day as initial

attempt e. Retesting of entire psychomotor skills examination on a different date/site f. Retesting of single station psychomotor skills examination on a different date/site 10. Methods of payment that will be accepted

11. Procedure and criteria used to issue refunds a. Due to inclement weather cancellation b. Cancellation of examination site c. Candidate choice to cancel

12. Skills examination retest procedure 13. Criteria used for cancellation or postponement of an examination and the process by which candidates will be

notified a. For general reasons b. For inclement weather

14. Confirmation of availability of adequate equipment for skills examination prior to the examination (Appendix C) 15. Skills examination equipment maintenance and cleaning 16. Complaint and dispute resolution procedure (Appendix D and Appendix F) a. Used during an examination b. Used after an examination 17. Verification of confidentiality of examination materials before, during and after examination 18. Confirmation of ADA compliance at examination site prior to the examination 19. Confirmation of custodial availability at examination site prior to the examination 20. Verification that adequate numbers of rooms are available at the examination site for the skills examination 21. List of subcontractors(s) to be used for the examination process 22. Method for insuring subcontractor(s) maintain the requirements of the contract

7. Payment: The Contractor will retain receipt of monies paid by candidates for the examination process.

8. Other: The Contractor will commit to meet with Board Staff a minimum of 60 days prior to the commencement of

the contract for the purpose of orienting to the examination process.

9. Liquidated Damages: A. Purpose. 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 Vendor(s) shall pay the State for such failures at the sole discretion of the State according to the following sections found in the table


Page 12

below.

Damage assessments are linked to performance of system implementation or operational responsibilities.

With the exception of the requirement to begin operations on July 1, 2013, written notification of each failure to meet a performance requirement shall be given to the Contractor prior to assessing liquidated damages. The Contractor shall have five (5) business days from the date of receipt of written notification of a failure to cure the failure or submit a corrective action plan. The plan must be approved by the Board. If the failure is not resolved within this warning/cure period, liquidated damages may be imposed retroactively to the date of failure to perform. The imposition of liquidated damages is not in lieu of any other remedy available to the State.

If the Board 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.

B. Performance Guarantees

Requirement Liquidated Damages

1 Provision of psychomotor skills examinations:

If violation is not corrected within thirty (30) business days for failure to provide all levels of psychomotor skills examinations to those requesting such, then five hundred dollars ($500.00) per non-compliance shall be assessed for each instance that has been identified by written documentation.

2 Quarterly regional examination sites at all certification levels:

Damages in an amount not to exceed one thousand dollars ($1000.00) per business day for each day the Vendor(s) remains non-compliant with the provisions found in Section 5(B))

3 Use of Board approved psychomotor skills examinations:

Damages in an amount not to exceed two hundred fifty dollars ($250.00) per incident for each occurrence of not administering the psychomotor skills examination approved by the Board.

4 Use of Board approved, trained examiners Damages in an amount not to exceed two hundred

fifty dollars ($250.00) may be assessed for each occurrence of use of a non-Board approved or non- trained examiner

5 Provision of written (cognitive) Emergency Medical Technician- Intermediate examination:

An amount not to exceed two hundred fifty dollars ($250.00) may be assessed for each documented non-compliance with administration of the EMT-I written examination to all candidates authorized to take such.

6 Exam result reporting: Bubble Sheets: Damages in an amount not to exceed two hundred fifty dollars ($250.00) per incident for each occurrence of use of inappropriate or duplicated bubble sheet examination reporting forms as addressed in Section 5(F).

7 Reports and Data Delivery: Timeliness. This performance requirement applies to all reports and data to be delivered to the KBEMS office. Reports and data must be produced in the format and media approved by KBEMS.

Damages in an amount not to exceed two hundred fifty dollars ($250.00) per business day shall be assessed for each business day that each report or data delivery is late, includes less than the required documents, or is not in the approved format/media.

8 Reports and Data Delivery: Accuracy. The Vendor(s) is responsible for the accuracy of all reports, including completeness of data.

Damages in an amount not to exceed two hundred fifty dollars ($250.00) per candidate document packet shall be assessed for each candidate report that has been identified as inaccurate.


Page 13

9 Other Contractual Requirements: Other Contractual requirements and standards are found in Section 4(a).

Damages in an amount not to exceed one thousand dollars ($1000.00) per occurrence may be assessed for each documented incident of teaching, prompting, or otherwise assisting a candidate during an examination station or notification of examination pass/fail results.

10 Miscellaneous Damages: The objective of this section is to provide the State with an administrative procedure to address general contract compliance issues not defined elsewhere in this agreement. KBEMS may identify a condition resulting from the Vendor(s) non-compliance with the contract through monitoring activities. If this occurs, the State will notify the Vendor(s) in writing of the contractual noncompliance. The State will also designate a period of time in which the Vendor(s) must provide a written response to the notification and will recommend, when appropriate, a reasonable period of time within which the Vendor(s) shall remedy the non-compliance.

If the non-compliance is not corrected by the specified date, the State reserves the right to assess liquidated damages in an amount not to exceed five hundred dollars ($500) per working day per occurrence after the due date until the non- compliance is corrected.


Page 14

Index of Appendices

Appendix A Written Examination Orientation Emt – Intermediate Appendix B Exam Notification Appendix C Station Equipment Lists Appendix D Complaint Policy Appendix E Examination Incident Report Form Appendix F Examination Complaint Form

Appendix G Examination Survey Appendix H Examination Monitoring Guidelines Appendix I Approved Examiner Minimum Qualifications Appendix J Annual Examiner And Exam Site Coordinator Training Appendix K Post-Examination Checklist Appendix L Exam Personnel – Roles & Responsibilites Appendix M Exam Site Document & Process Review Appendix N Examination Site Orientation Appendix O Reporting Examination Results To The Candidate Appendix P Inventory Checklist Appendix Q Reservation List


Page 15

PRICING

1. Registration fee for all Emergency Medical Responder or First Responder candidates will be $100.

2. EMT, EMT-B and EMT Intermediate (without intubation) will be $125 per candidate.

This fee will cover the following items: a. Emergency Medical Responder or First Responder, EMT or EMT-B and EMT I psychomotor skills exam

b. EMT I written exam administration

c. Maintenance fee for equipment used during testing

d. Same day retesting will be conducted if available for EMR or FR if they fail 2 or less skills when taking full attempt and for EMT or EMT-B if they fail 3 or less skills when taking the full attempt per current national registry guidelines (NREMT Psychomotor Examination User Guide). NREMT EMR Guide pg. 47, NREMT EMT Guide pg. 48.

i. Re-test examination First Responder 1 or 2 station $ 50.00 First Responder 3 stations $100.00 EMR 1-2 stations $ 50.00 EMR 3+ stations $100.00 EMT-B 1 or 2 station $ 60.00 EMT-B 3 station $125.00 EMT- 1-3 skill $ 60.00 EMT- 4+ skill $125.00 EMT-I 1 or 2 station $ 50.00 EMT-I 3 station $125.00 EMT-I written $ 20.00

e. Administrative supplies to include, but not limited to

i. Postage, envelopes, etc. ii. Paper clips iii. Number 2 pencils iv. Filing expenses v. Telephone and email vi. Training travel expenses vii. Insurance (liability, workman’s compensation) viii. Meals for test site personnel ix. Fees for maintenance of equipment x. Copies of skills sheets, administrative paperwork etc. xi. Consumable testing supplies and equipment per KSBEMS supply list- Appendix C

f. Scheduled retesting will be done on percentage basis as outlined in the RFP methodology section

3. The breakdown of personnel needed for each test site is as follows:

a. One (1) written examination proctor as needed

b. One (1) site coordinator

c. A minimum of two practical skill examination evaluators. Additional evaluators will be scheduled at a ratio of one (1) practical skill examination evaluator for every nine (9) candidates or part thereof.

i. EMR At a minimum of 2 skills examination evaluators, Examiner No. 1 would examine an EMR station involving: Skill 1 BVM Ventilation of an apneic adult patient, Skill 2 Oxygen Administration


Page 16

by Non-Rebreather Mask, Skill 3 Cardiac Arrest Management/AED and Examiner No.2 would examine EMR Station 2 involving: Skill 1 Patient Assessment Medical or Trauma

ii. First Responder At a minimum of 2 Skills examination evaluators, Examiner No. 1 would examine a First Responder station involving: Airway Management and Patient Assessment Medical or Trauma and Examiner No. 2 would examine Fracture Management.

iii. EMT At a minimum of 2 skills examination evaluators, Examiner No.1 would examine an EMT Station involving:Skill 1 BVM Ventilation of an apneic adult patient, Skill 2 Oxygen Administration by Non-Rebreather Mask,Skill 3 Cardiac Arrest Management/AED and Examiner No. 2 would examine an EMT Station involving: Skill 1 Patient Assessment Medical or Trauma, Skill 2 Spinal Immobilization (Supine Patient), and Skill 3 Random Skill (seated immobilization or shock)

iv. EMT-Basic At a minimum of 2 Skills examination evaluators, Examiner No. 1 would examine a

EMT-Basic station involving: Airway Management and Patient Assessment Medical or Trauma and Examiner No. 2 would examine Fracture Management.

v. EMT-I Current testing procedures will continue as long as EMT-I test are administered.

4. The remuneration for all personnel is as follows:

a. Site Assistant-$10/hour with a minimum of four hours guaranteed.

b. Site coordinator-$20/hour with a minimum of four hours guaranteed.

c. Practical Skills examination evaluator-$20/hour with a minimum of four hours guaranteed.

d. Overnight lodging, if needed, will be arranged through the examination coordinator.

e. Travel expenses will be paid per SKEMS Examination Policies.

5. Equipment use expenses will be reimbursed at a rate of $7.00/per candidate.

6. Projected cost adjustments. If income exceeds expenses or expenses exceed income considerably, it is our intention to reduce or increase the cost to student by minimum of 5%.

7. Cost per exam. This is impossible to predict, as each sites total cost would be based upon the number of candidates tested. It would also vary if the candidate is doing an initial exam versus a separate day re-test.

8. Cost per region. All test fees will be based upon the number of candidates evaluated, not distance from SKEMS office.

9. EMT I written retest fee. SKEMS will charge $20.00 for each written retest attempt.

10. The total projected cost to the students based on the last 3 years average data provided is $145,710. These figures are raw data, assuming that all numbers were those of initial testing (no retest candidates). All income calculated in this document is from application fees from the testing candidates. The state has no financial liability. Actual results may vary. See Table Below.


Page 17

Table: Based on 3 yr average Data provided by KSBEMS Initial RFP

Level Number Tested Proposed Cost Per Total First Responder/EMR 83 $100.00 $8,300 EMT/EMT-B 980 $125.00 $122,500 EMT-I (all) 187 $125.00 $23,375.00 Total 1250 $154,175.00

Annual Estimated Cost Sheet

Annual cost for examination Coordination including scheduling , Coordinating, Training of Staff maintaining reporting requirements set out by RFP and coordinating with Board Staff.

$25,000.00

Annual cost for Site Assistant for 24 Test sites 10 hour day at $10.00 Per hour. $2400.00 Annual cost for Site Coordinators for 24 Test sites 12 hour per day $20.00 per hour $5,760.00 Based on the annual of 1250 students per year Average 52 per site for 24 sites give a need for 6 examiners per site for these 1250 students. If the site is larger it would be more and smaller would be lower based on the rules above of 9 students per examiner. This is an area of variability that is hard to predict.

$28,800.00

Based on the need above and the reimbursement as noted of $150.00 and the $100.00 for overnight stay this is the cost of providing that. If we have availability of examiners in the areas we are testing that meet all the requirements of the RFP this cost would be less. This is another area of high variability that is hard to predict.

$35,000.00

This is a solid figure based on $7.00 per student payment to the location or site that provides equipment. Decreases start up cost for providing this type of reimbursement for use.

$8750.00

Office supplies copies printing and filing is an estimate based on the amount we estimated above. This may go up or down depending on how well some conversion to digital data can be in the near future.

$7500.00

Professional services for Tax preparation. Professional and W/C solid estimate based off of information from these services.

$2,500.00

Potential additional test sites as needed based off the needs of the state. We have some needs in some of the rural areas and in the (larger student regions) based on the regional break down in the RFP.

$30000.00

Total estimated Cost of operation $145,710.00 Total estimated Income from above $154,175.00 These dollars will be used for any capital needs in way of improving the process through technology and establishing easier ways of access for the students and the board staff through collaborative approaches that can minimize the cost and maintain the validity and success. This will only be possible if we maintain the above dollars in the budgeted or estimated amount. As in most budgets these will increase with any savings from above and any over runs will decrease these amounts.

$8465.00


Page 18

State of Kansas Department of Administration DA-146a (Rev. 06-12)

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. 06-12), 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.

9. Responsibility For Taxes: The State of Kansas and its agencies shall not be respons ble 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


Page 19

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.