Date of Award: July 27, 2011 CONTRACT AWARD Contract ID: 00000000000000000000##### Replaces Contract: 0###0 Procurement Officer: Telephone: 785/###-#### E-Mail Address: Web Address: Item: Agency/Business Unit: http://da.ks.gov/purch Collection Services, Court Debt and Restitution 08200 Office of the Attorney General Period of Contract: August 1, 2011 through July 31, 2012 (With the option to renew for four additional 12-month periods) Contractor: CORPORATION GOVERNMENT SRVCS, state, zip SMART Vendor ID: 0000###### E-Mail: Local Telephone: ###/###-#### Fax: ###/###-#### FEIN: ######## Contact Person: Commission Rate: 20% Political Subdivisions: Pricing is 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. The document can be downloaded by going to the following website: http://www.da.ks.gov/purch/contracts/ Click the icon below for a list of contracts awarded from bid event #EVT0000741. Awards by Judicial District.xls
Page 2 Collection Services, Court Debt and Restitution 2011 Agreement Form 1. This Agreement is made and entered into this 1 st day of August, 2011, by and between the Kansas Attorney General (hereinafter Attorney General) and, (hereinafter Contractor), who hereby agree as follows: 2. The Contractor hereby agrees to collect for the State of Kansas and its beneficiaries of restitution, debts owed the State District Courts and restitution ordered by such Courts. The Contractor shall provide services to collect debts owed the State District Courts and restitution ordered by such Courts only under the terms of this Agreement. Such services shall be offered under terms of this Agreement to the Chief Judges of Statewide Judicial Districts of the State of Kansas. 3. Any amendments hereinafter executed and signed by both parties, this Agreement including form DA146a, Request for Proposal No. EVT0000741 (hereinafter RFP) including any addenda thereto, any best and final offer made by the Contractor, and the Contractor s proposal shall comprise the terms of this Agreement. Any conflicts among the above documents shall be determined in descending order of the documents stated above. This Agreement may be revised or amended only as provided herein. 4. The Contractor hereby agrees that the intent of collection activity under this Agreement, as further set out in the RFP, shall be to (a) carry out the sanctions and redress imposed by the State through its criminal law and (b) make whole as many victims of crime as possible and the State through enforcement of orders of the Court. 5. This Agreement will be construed in accordance with the laws of the State of Kansas. This Agreement specifically is entered into pursuant to K.S.A. 2010 Supp. 75-719 and amendments thereto. 6. All official communications by the Contractor under this Agreement shall be directed to Frank Henderson on behalf of the Attorney General. All official communications by the Attorney General under this Agreement shall be directed to on behalf of the Contractor. 7. The term of this Agreement shall be for one (1) year from the above-written date of this Agreement, and shall be renewable, if agreed to by both parties, for up to four (4) additional oneyear terms under the same terms and conditions unless modified by amendment, except that this Agreement may be terminated at any time, in accordance with the terms stated in the following paragraph. At the termination of this Agreement, the Contractor may continue to collect those accounts which have been referred to the Contractor under the terms of this Agreement, subject to withdrawal of accounts pursuant to the following paragraph. 8. The Attorney General may immediately terminate this Agreement for cause at any time upon notice to the Contractor. Any or all accounts may be withdrawn immediately by the Attorney General for cause specified to the Contractor at any time. The Attorney General also may terminate for convenience performance of work under this Agreement in whole or in part, for any reason, whenever the Attorney General determines that the termination is in the best interests of the State of Kansas or the beneficiaries of restitution. In the event the Attorney General elects to terminate this Agreement for convenience of the State, the Attorney General shall provide the Contractor a written notice at least 30 days prior to the termination. 9. At any time there is a change in ownership of the Contractor, the Contractor shall immediately notify the Attorney General. Such change of ownership shall be grounds for termination of this Agreement, should the Attorney General determine, in his sole discretion, the Contractor is no longer suitable to collect these debts or capable of performing such service in the best interests of the State or beneficiaries of restitution.
Page 3 10. The Contractor may subcontract with third parties to perform services under this Agreement; however, should the Contractor subcontract accounts for collection, the Contractor shall first notify the Attorney General in writing. Should the Contractor intend to utilize the services of attorneys other than those identified in the Contractor s proposal, the Contractor shall first notify the Attorney General in writing. The Attorney General may require that the Contractor cease utilization of a third party, including an attorney, if it is determined, in the Attorney General s sole discretion, such third party is not suitable to collect these debts or capable of performing such service in the best interests of the State or beneficiaries of restitution. 11. It is specifically understood and agreed by the parties that the Contractor, or any third party which performs services under a subcontract with the Contractor, is not employed, considered or paid as a state employee, but as an independent contractor. Further, where the Contractor is an attorney, employs or contracts with attorneys to perform services under this Agreement, it is specifically understood that neither the Attorney General nor staff of the Attorney General are acting in the capacity of supervisory authority as envisioned in Rule 5.1 of the Kansas rules of Professional Conduct. 12. The Contractor shall comply with all applicable state and federal laws and rules of the Kansas Courts in carrying out this Agreement. The Contractor and any subcontractors shall utilize the provisions of the federal Fair Debt Collections Practices Act (Act), 15 U.S.C. 1692, et seq., as guidelines for its collection practices. It is specifically recognized that activities to collect these delinquent Court orders may not be subject to the Act; however, the Act is being used to provide guidelines for the conduct of collections. The parties do not intend this provision to subject any party to liability under the Act unless the Act applies. 13. The Contractor shall perform with vigor such reasonable and lawful services required to collect debts owed the Kansas District Courts and restitution, regardless of the amount of debt owed. The Contractor shall provide such services in all state judicial districts set out in the first paragraph of this Agreement, where the Contractor has been requested to provide such services by the Chief Judges of such districts. As deemed appropriate to each account to be collected, such services shall include, but not be limited to, telephone and written communications, skip tracing, execution on judgments, filing of foreign judgments and the initiation of such other legal proceedings as are deemed appropriate. The Contractor further agrees to defend any actions involving the referred debt, including but not limited to those involving foreclosures where the State is named as a defendant based upon the existence of the court debt. 14. In consideration for its services, the Contractor will be compensated through retaining a percent (refer to the Commission Rate amount specified on the cover page) of money actually recovered as a result of the performance of the Contractor s services. This amount retained shall compensate the Contractor for all costs related to collecting the debt and neither the State nor beneficiaries of restitution shall be liable for reimbursement of the Contractor for any additional costs, including but not limited to filing fees, skip tracing fees, credit reporting service fees, attorneys fees or out-of-pocket expenses. The remaining net amount recovered shall be remitted at least monthly to each District Court which originally ordered the amount paid, except that the Contractor shall retain 1% of all money actually recovered to be paid to the Attorney General to compensate the Attorney General for administrative costs associated with implementation and monitoring this collection program. This amount retained for payment of the Attorney General s administrative costs shall be paid by the Contractor to the Attorney General at least monthly. Notwithstanding any other provisions of this paragraph, payment on any account shall only be remitted to the Court and Attorney General after checks received from debtors have first cleared with the originating financial institution. 15. Along with payment of net money collected to the District Courts, the Contractor shall provide the District Courts at least monthly with a complete accounting of total amounts collected on each account, as well as net amounts collected on each account after subtraction of retained fees. The Contractor also shall provide the District Courts with an accounting of amounts received on each account on a more frequent basis, including daily reporting, as required by the Court in the
Page 4 work plan which is described later in this Agreement. The Contractor also shall provide each Court, for its collections, with summary data each month as may be specified in the work plan which is described later in this Agreement, but at least such information as is required to be reported to the Attorney General in the following paragraph. Upon request of the Court, the Contractor shall forthwith furnish a written report of all collection procedures, receipts and payments to the Court regarding any account. Any information the Contractor is required to provide the Courts under this Agreement may be provided electronically in accordance with the work plan which is described later in this Agreement. 16. Along with payment of the administrative costs due the Attorney General each month, the Contractor shall provide the Attorney General with summary data for each court office, including 1) the number and value of accounts referred that month broken down by category of debt, as specified by the Attorney General; 2) the number of accounts for which recoveries have been made for the month and the gross and net amounts of those recoveries broken down by categories, as specified by the Attorney General; 3) the number of accounts paid in full for the month and the number of accounts returned to the Court by the Contractor as uncollectible or requested to be returned by the Court; 4) the total amount collected to date under the Agreement, the total number of accounts referred to date under the Agreement, the total number of accounts paid in full to date under the Agreement, the total number of accounts otherwise returned to the Court to date under the Agreement, the total value of accounts referred to date under the Agreement, and the collection percentage to date under the Agreement derived by dividing the total amount of money collected to date by the value of accounts referred to date; 5) the number and value of accounts held by the Contractor at the end of the month broken down by category of debt. Such information and payment shall be due in the office of Attorney General by the 15th day of the month following the month for which such payment and information is based. Upon request of the Attorney General, the Contractor shall forthwith furnish a written report of all collection procedures, receipts and payments to the Attorney General regarding any account. Any information the Contractor is required to provide the Attorney General under this Agreement may be provided electronically in a format and medium mutually agreed to by the Contractor and the Attorney General. 17. The Contractor shall provide the Attorney General with such information as the Attorney General requires to determine whether accounts being collected by the Contractor are subject to subrogation claims by the Crime Victims Compensation Board, a division of the Office of Attorney General. 18. State of Kansas setoff procedures which operate under the auspices of the State Department of Administration, Division of Accounts and Reports, and are found at K.S.A. 2010 Supp. 75-6202, et seq. shall be utilized by the Contractor when the Contractor believes such procedures are likely to aid in collection of an account. It shall be the Contractor s responsibility to refer to setoff any accounts which it determines are likely to be aided by this procedure. When amounts are collected through setoff, the setoff collection assistance fee shall be paid from the Contractor s commission. 19. The Contractor shall promptly deposit all funds received from debtors pursuant to this Agreement in a separate trust account in a state or federally chartered financial institution. Such funds shall never be commingled with the Contractor s operating accounts, and at all times the balance of such trust account shall be sufficient to pay all amounts due and owing at that time to the Court. 20. Should the Contractor at any time lose or be unable to account for any amount which it is shown was paid to the Contractor, the Contractor shall be responsible for such amount. 21. The Contractor shall maintain its records as they pertain to accounts received under this Agreement in such a manner as to be capable of audit by the Attorney General, the Court or other auditors for the State during normal business hours. 22. The Contractor shall hold and save the State of Kansas, Attorney General, the Courts, and officers and employees of those entities harmless from any loss or damage whatsoever resulting
Page 5 from the Contractor s performance or lack of performance of the Contractor s duties hereunder. 23. This Agreement shall have no effect unless and until the Contractor provides the Attorney General with certificates of insurance issued by a qualified company licensed by the Kansas Insurance Commissioner evidencing coverage of the type and in at least the amounts which were set out in the RFP. Such certificates for general and professional liability shall include the State of Kansas as an additional named insured. Such certificate for employee fidelity shall include the State of Kansas as an additional loss payee. 24. The Contractor shall contact the Chief Judge in any and all state judicial districts set out in the first paragraph of this Agreement to offer collection services for the district. It is agreed by the parties that this is not an exclusive agreement for collection in any district of the State and Chief Judges have the authority to utilize any Contractor or Contractors of their choice with whom the Attorney General has entered into an agreement to offer collection services within their districts. It is agreed and understood by the parties that the Attorney General also may enter into agreements to collect court debt and restitution with trustees employed by the district courts. It is understood by the parties that trustees have agreements in some judicial districts. Contingencies regarding Agreements which may be reached with trustees in these districts and their effect on collections under this Agreement may be addressed in the work plan which is described later in this Agreement. 25. At the request of the Chief Judge, the Contractor shall meet and confer with each Chief Judge in any and all State judicial districts set out in the first enumerated paragraph of this Agreement, or other representatives of the Court designated by the Chief Judge, to describe to such representatives of the Court the Contractor s plan for the collection of Court debt and restitution. 26. At the request of the Chief Judge, the Contractor shall also meet and confer with each Chief Judge in any and all state judicial districts set out in the first enumerated paragraph of this Agreement, or other representatives of the Court designated by the Chief Judge, to develop and agree to a written work plan which shall, when completed, be signed by the Contractor and the Chief Judge and returned to the Attorney General for review as to completeness and compliance with the terms of this Agreement. Such work plan, when adopted and approved in writing by the Attorney General, shall become an amendment and addendum to this Agreement. The Court, the Contractor or the Attorney General may request that changes be made in the work plan at any time. To be effective, any such changes must be stated in writing, signed by the Chief Judge and the Contractor and approved as a further amendment to this Agreement by the Attorney General, except that the Chief Judge may choose to change the referral, distribution or split of accounts at any time among Contractors or to a different Contractor with whom the Attorney General has entered into an Agreement for the district, including court-employed trustees with whom the Attorney General may enter into agreements. Failure or inability of a Contractor to enter into a work plan for any Judicial District set out in the first paragraph of this Agreement shall not prevent the Contractor from performing its services in fulfillment of this Agreement in other Judicial Districts set out in the first paragraph of this Agreement. The Contractor shall not be bound to provide services in any district unless and until a work plan is developed and is approved as an amendment and addendum to this Agreement. 27. Such work plan, which shall be prepared in writing by the Contractor with agreement of the Chief Judge as provided for in the previous paragraph, shall provide at a minimum detail regarding the following issues: (a) A description of which accounts will be transferred by the Court to the Contractor. Such description should generally set out the basis on which the Court will determine when it is appropriate to turn accounts over to the Contractor for collection, distinguishing, if necessary, between debts owed the Court and restitution. Should the Court determine to split accounts among Contractors, such description also should explain the basis on which accounts will be split. The inclusion of this provision in the work plan shall not prevent the Court from changing the referral, distribution or split of accounts at any time among Contractors or to a different Contractor with whom the Attorney General has
Page 6 entered into an Agreement for the district. (b) (c) (d) (e) The frequency and manner in which accounts will be transferred by the Court to the Contractor. Sufficient detail should be provided so there is no misunderstanding by either the Court or the Contractor as to responsibilities for such transfer. It should be stated whether the transfer will be a paper process, and if so, the process should be described, complete with what information the Court will provide the Contractor on each account. If the process is to be or become an electronic data interchange, the format and medium used for such transfer should be specified, including what information the Court will provide the Contractor on each account. The Contractor hereby agrees to be responsible for any hardware, software, supply or professional services costs incurred in adapting the Court s computer systems to accommodate an electronic data interchange with the Contractor. The work plan should address how the Court will notify the Contractor should payments be made directly to the Court on accounts which have been turned over to the Contractor. If the Contractor has undertaken collection activities on such accounts prior to the payment made directly to the Court, all applicable costs of collection, including that sum which is payable by the Contractor to the Attorney General under this Agreement, shall be retained by the Court from such payments and transferred or credited to the Contractor. Procedures also should be outlined for the Contractor to communicate to the Court that a beneficiary of restitution has contacted the Contractor directly to refer a restitution account for collection, including how the Court will transfer information to the Contractor regarding such accounts. Accounts referred directly by a beneficiary should be treated just like other accounts following such initial communications, except with regard to notice to the beneficiary, which procedures are set out later in this agreement. The extent to which the Court wishes to review for approval any specific collection practices should be stated. At the Court s discretion, the Court may wish to approve specific collection practices, including but not limited to the content of letters, phone scripts, a flow chart of the steps ordinarily involved in pursuit of an account, any limitations to be placed on payment plans agreed to between the Contractor and the debtor, or any threshold dollar amount below which legal procedures may not be used. The Court may request that the Contractor specifically state any such limitations in the work plan. However, the Contractor hereby acknowledges that these debts are owed pursuant to orders of the Court and may not be settled or compromised for less than the amounts of such orders except pursuant to a subsequent order of the Court. The frequency, timeliness and manner in which money collected and information regarding accounts for which money has been collected will be transferred by the Contractor back to the Court. Sufficient detail should be provided so there is no misunderstanding by either the Court or the Contractor as to responsibilities or frequency of such transfers. It should be stated whether the transfer will be a paper process, and if so, the process should be described, complete with what information the Contractor will provide the Court on each account and how frequently such information will be provided, as well as how frequently money will be transferred to the Court and what information will accompany such transfer of funds. If the process is to be or become an electronic data interchange, the financial institutions and frequency for money transactions should be specified and the frequency, format and medium used for transfer of information regarding accounts should be specified. Methods for clearly relating money transfers to specific accounts assigned for collection should be specified. The Contractor hereby agrees to be responsible for any hardware, software, supply or professional services costs incurred in adapting the Court s computer systems to accommodate an electronic data interchange with the Contractor. The Contractor shall agree, as part of the work plan, to receive from the Court complaints which are made to the Court about Contractor collections. The Contractor hereby agrees to investigate the circumstances of such complaints, complaints forwarded to the Contractor by the Attorney General and complaints made directly to the Contractor, and provide the Court with a copy of all such complaints relating to collection activities for that
Page 7 district along with a timely response of its findings regarding all such complaints. The Contractor shall agree to respond to complaints made. (f) The Contractor may agree as part of the work plan to provide the Court with any such additional reporting on collections as the Court believes to be beneficial. 28. The Court and the Contractor may agree to such other terms and conditions in the work plan as are necessary to carry out this Agreement and which are not in conflict with the explicit terms of this Agreement. 29. Where an account for restitution has been referred to the Contractor by the Court, prior to beginning efforts to collect such account for restitution, the Contractor shall first notify the beneficiaries of restitution that a restitution debt has been referred to it by the Court. Such notice must disclose to such beneficiaries of restitution that the cost of collection will be retained from any money collected on the account. The proposed notice to be sent to all such beneficiaries of restitution shall be submitted to the Attorney General for approval as to form prior to its use. The Contractor shall mail the notice to the beneficiary s last known address available to the Court or any better address which the Contractor has available. The letter shall give the beneficiary of restitution 10 business days from the date the letter was mailed to decline to have the Contractor collect the account for restitution. If no such negative response is received, the Contractor may begin collection efforts on the account for restitution on the 11th business day following the date the notice was mailed. If the beneficiary notifies the Contractor within the 10-day time period that the beneficiary does not want the Contractor to collect the restitution debt, the Contractor shall not pursue collection and shall note the beneficiary s declination in its records. 30. The Contractor shall also accept accounts for collection of restitution which are referred to the Contractor directly by beneficiaries of restitution. The Contractor shall communicate to the Court that it has received such a referral and all necessary information shall be exchanged with the Court in accordance with the work plan. The Contractor shall send a separate notice to the beneficiary from that provided for in the immediately preceding paragraph prior to beginning efforts to collect such account for restitution. Such notice must disclose to such beneficiaries of restitution that the cost of collection will be retained from any money collected on the account. The proposed notice to be sent to all such beneficiaries of restitution shall be submitted to the Attorney General for approval as to form prior to its use. The Contractor shall mail the notice to the beneficiary of restitution at the address provided by the beneficiary in the referral. The letter shall give the beneficiary of restitution 10 business days from the date the letter was mailed to decline to have the Contractor collect the account for restitution. If no such negative response is received, the Contractor may begin collection efforts on the account for restitution on the 11th business day following the date the notice was mailed. All other procedures regarding such accounts shall be in accordance with the work plan and as provided for all accounts under this Agreement. If the beneficiary notifies the Contractor within the 10-day time period that the beneficiary does not want the Contractor to collect the restitution debt, the Contractor shall not pursue collection and shall note the beneficiary s declination in its records. 31. The Contractor shall investigate the circumstances of any complaints which are made about the Contractor s collection activities and which are forwarded to the Contractor by the Courts, the Attorney General or which are made directly to the Contractor. The Contractor shall provide a timely response to the Court regarding such complaints in accordance with the Work Plan. The Contractor also shall provide the Attorney General in a timely manner with copies of all such complaints and its response. The Contractor shall respond to all complaints.
Page 8 32. The provisions found in Contractual Provisions Attachment (form DA-146a), which is attached hereto, are hereby incorporated in this Agreement and made a part hereof. In witness whereof, the parties have hereunto set their hands the date first above written. Attorney General: Contractor: Printed Name: Signatures on file Title: I hereby certify that the competitive bid/procurement laws of the State of Kansas have been followed. State of Kansas By: DIRECTOR OF PURCHASES
Page 9 State of Kansas Department of Administration DA-146a (Rev. 04-11) 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. 04-11), 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 responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et
seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title. Contract ID: 35958 Page 10 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."