ࡱ> Y[X#`  Kbjbj hR,$zTPF<$&hp""""oN4&&&&&&&$,(h*h9&EGM"oGG9&""+~&O O O G""&O G&O O :S%,%" ;% &&0&%R*|*%*%8 rO \{   9&9&?    &GGGG $:$^v State of Kansas Department of Administration DA-146a (Rev. 1-01) 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  FORMTEXT       day of  FORMTEXT      , 20 FORMTEXT      . 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 or 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." FY 2008 LOCAL ASSURANCES AND CONTRACTUAL AGREEMENTS We, as an eligible recipient for funds under the Carl D. Perkins Career and Technical Education Act of 2006 hereby grant the following assurances and contractual agreements: To administer each program, service, or activity covered in this application in accordance with all applicable statutes and regulations governing Carl D. Perkins Career and Technical Education Act of 2006, and To be in compliance with Executive Order 11246; Title VI of the Civil Rights Act of 1964, as amended; Title IX Regulations; Section 504 of the rehabilitation Act of 1973, as amended; Individuals with Disabilities Education Act and any other federal or state laws, regulations and policies which apply to the operation of the programs. We will not discriminate on the basis of sex, race, color, national origin or handicap in the educational programs, services or activities being provided. To assure that procedures have been or will be developed to ensure the confidentiality of records pertaining to persons receiving assistance or services. To perform grant fund accounting, auditing monitoring procedures as may be necessary to maintain records as CTE determines to ensure fiscal control, proper management and proper expenditure of grant funds. The award recipient shall maintain books, records, documents and other evidence to summarize costs in such a manner so as to identify the costs directly with the delivery of services outlined in the approved grant application. This means that at a minimum the award recipient shall keep records which segregate the grant funds from all other funds received by the award recipient, to keep its accounting for this grant project separate from the accounting of other funds and to spend and report in accordance with the approved grant project budget by program and budget line items. It is understood that this includes invoices and other financial documentation for all paid expenses; the portion of the grant project supplied by other sources of revenue; contracts for services; and other records which facilitate effective grant compliance. To assure all records shall be subject at all reasonable times to inspection, review, or audit by State personnel and other personnel duly authorized by CTE. The award recipient assures that all financial records, supporting documentation, statistical records and all other records pertinent to the grant award shall be retained by the award recipient for at least five years following the end of the grant project period. The award recipient assures that grant funds will not be used to supplant state or local funds. Failure to Commence Grant Compliance: If the activities described in the grant application have not commenced within 60 days after acceptance of the grant award, the award recipient shall report in writing the steps taken to initiate the grant project, the reasons for delay and the expected starting date. If the activities have not commenced within 30 days of receipt of the above letter, the award recipient shall submit to CTE a further statement in writing regarding the delay. Upon receipt of the second letter, CTE may terminate the grant, and the award recipient shall return to CTE all unused grant funds with a complete accounting of all expenditures. Right To Terminate: CTE reserves the right to terminate any grant award and cease payment to the award recipient for failure to comply with applicable laws, regulations, and/or terms of the grant assurances. Further, CTE may seek reimbursement of any or all grant funds and may reclaim durable goods purchased with these grant funds if the award recipient fails to perform in accordance with the terms of the grant assurances and reporting requirements. Unused Funds: The award recipient shall return to CTE any grant funds not expended by June 30, 2008, within 30 days after the end of the grant project period. Name of Institution  FORMTEXT Dfg       . 0 2 < > L Yr#&֘sbYYYYh55>*CJ!jh4>*CJUmHnHu"jh4h4>*CJU h4>*CJjh4>*CJU"jth4h4>*CJU h4CJ'jh4h4>*CJUmHnHu"jh4h4>*CJUh4h4>*CJjh4h4>*CJUh5 h55CJ h5CJ"-Dfg j l B D TU   hhdX1$^h`gd5 0^`0gd5 d`1$gd5 Fd`1$^`Fgd5gd5$a$gd51$gd5KKhjkoz5U !!## #$#####Z$\$]$`$b$c$f$g$}${%|%~%%%%%D&_&#h55>*CJOJQJ\^JaJ)hIgh55>*CJOJQJ\^JaJh55CJ\^JaJh(h55CJ\^JaJ h55\h5 h55CJ h55CJh55>*CJ h5CJ h5>*CJ7uv01 !!##b$c${%|%}%%% $ %a$gd5 $ $a$gd5^gd5 hh^h`gd5 hhdX1$^h`gd5%%a&b&4'5'( )/))-//2G4444Hgd5 hx^hgd5 & Fxgd5 & FHx]Hgd5 & Fgd5h^hgd5 & Fx1$7$8$gd5$a$gd5gd5$a$gd5_&a&b&3'4'5'''((())/)))))--O/ǶǍ|j\\J#hIgh5CJOJQJ\^JaJh5CJOJQJ^JaJ#h55>*CJOJQJ\^JaJ h5>*CJOJQJ]^JaJ&hEkh5>*CJOJQJ]^JaJ)hh55>*CJOJQJ\^JaJ hh5CJOJQJ^JaJ#hIgh5CJOJQJ]^JaJ hIgh5CJOJQJ^JaJ)hIgh55>*CJOJQJ\^JaJO/T/Z//////_0f0I1P1112244444444ǹǀǀǹnǹǹdSB h4h4CJOJQJ^JaJ h4h5CJOJQJ^JaJh5CJ^JaJ#hIgh5CJOJQJ\^JaJ#hIgh55CJOJQJ^JaJhX h5CJ^JaJhg1h5CJ^JaJh=h5CJ^JaJh5CJOJQJ^JaJ hIgh5CJOJQJ^JaJ&hIgh55CJOJQJ\^JaJ&hqbh55CJOJQJ\^JaJ44556H H HHHHHHHIIII׽黟鎀ooo^G:h(h5CJ^JaJ,jh(h5CJU^JaJmHnHu h_Kh5CJOJQJ^JaJ h_Kh5CJOJQJ^JaJh5CJOJQJ^JaJ h4h5CJOJQJ^JaJ7jh4h4>*CJOJQJU^JaJmHnHuU2j\h4h4>*CJOJQJU^JaJ#h4h4>*CJOJQJ^JaJ,jh4h4>*CJOJQJU^JaJ      assures the Kansas Board of Regents of its intent to comply with the assurances and contractual agreements as outlined in this document. Further, we are willing to explain, in writing, how we intend to comply with each of these assurances.  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