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State of Kansas
Department of Administration
DA-146a (Rev. 1-01)
EXHIBIT C
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. 1-01), 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.
2.
Agreement With Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of
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 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: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor
beyond that liability incurred 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.
Parties to this contract understand that 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 shall be allowed to find the
State or any agency thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a
contingency. Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available
under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect which attempts to exclude, modify,
disclaim or otherwise attempt to limit 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 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 shall not be required to purchase, any insurance against loss or damage to any personal property
to which this contract relates, nor shall this contract require the State to establish a "self-insurance" fund to protect against any such
loss of damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear
the risk of any loss or damage to any personal property in which vendor or lessor 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."
