EVT0009965_-_Insurance,_Property.pdf

Office of Procurement and Contracts 900 SW Jackson St., Room 451 South Topeka, KS 66612

Phone: 785-296-2376 Fax: 785-296-7240 https://admin.ks.gov/offices/procurement-contracts

Adam Proffitt, Secretary Todd Herman, Director

Laura Kelly, Governor

INVITATION FOR BID (IFB)

Bid Event Number: EVT0009965

Document Number: IFB0001590

Replaces Contract: 49558

Date Posted: October 17, 2024

Closing Date: November 13, 2024, 2:00 PM

Procurement Officer: Dean Heineken Telephone: 1-785-296-8051 E-Mail Address: Dean.Heineken@KS.Gov Web Address: http://admin.ks.gov/offices/procurement-and-contracts/

Agency: Department of Labor Department of Commerce

Item: Insurance, Property

Period of Contract: 12:01 a.m. December 1, 2024, through 12:01 a.m. December 1, 2027

Bid Guarantee: No monetary bid guarantee required.

This Bid Event was recently posted to the Procurement and Contracts Internet website.

The document can be downloaded by going to the following website:

http://admin.ks.gov/offices/procurement-and-contracts/

It shall be the bidder's responsibility to monitor this website on a regular basis for any changes/amendments.

Questions/Addenda: Questions requesting clarification of the bid must be submitted in writing to the Procurement Officer indicated above:

Before the end of the day, on Monday, October 28, 2024.

Answers to questions will be available in the form of an addendum on the Procurement and Contracts' website, http://admin.ks.gov/offices/procurement-and-contracts.

It shall be the responsibility of all participating bidders to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time. Bidders are required to check the website periodically for any additional information or instructions.

mailto:Dean.Heineken@KS.Gov http://admin.ks.gov/offices/procurement-and-contracts/ http://admin.ks.gov/offices/procurement-and-contracts/ http://admin.ks.gov/offices/procurement-and-contracts

Event ID: EVT0009985

Vendor Bid Submission

The Kansas Department of Administration, Office of Procurement and Contracts is currently open to the public and accepting both emailed and hand delivered bids.

All emailed bids must be submitted to Procurement@ks.gov. All bids submitted must be received by the Office of Procurement and Contracts by the specific bid closing date and time of 2:00PM CST.

Please note that you will receive an email that your documents were received, if you do not receive an email there may be an issue, please call 785-296-0002 to confirm that your bid package was received electronically.

Vendor Response Checklist

The following checklist is provided to assist bidders in ensuring all requirements are met and all required submissions are included with the bid. Bidders are instructed to utilize this list for their own convenience to ensure compliance.

THE FOLLOWING INSTRUCTIONS AND FORMS MUST BE

COMPLETED AND SUBMITTED WITH YOUR BID RESPONSE

If you do not submit them with your bid it may result in the rejection of the proposal

Completed Bidder Registration submitted prior to bid submission.

Requirements forms for Bid Proposal

Completed and signed Signature Sheet / page 3 of this document.

Completed Immigration Reform and Control Certification / page 4 of this document.

Completed Sexual Harassment Form / page 5 of this document.

Completed Boycott of Israel / page 6 of this document

Completed Certification of Procurement / page 7 of this document

Completed Tax Clearance Certificate / instructions located page 8 of this document.

Signed Copy of any Amendment(s), if applicable/ Located on the Bid Solicitation Website

- https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations - Under EVT0009985

Completed and signed Event Details document / Located on the Bid Solicitation Website -https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations - Under EVT0009985

Any other documentation bidder wants to include.

Completed Cost Sheet / page 16 of this document.

NOTE: In order to properly and completely respond to this Proposal, bidders MUST carefully review

ALL sections and respond as required.

mailto:Procurement@ks.gov https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations https://www.admin.ks.gov/offices/procurement-and-contracts/bid-solicitations

Signature Sheet

Item: Insurance, Property Agency: Department of Labor and Department of Commerce Closing Date: November 13, 2024, 2:00 PM

By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.

Legal Name of Person, Firm or Corporation

Mailing Address City & State Zip

Toll Free Telephone Local

Cell Phone Fax Number

Tax Number

CAUTION: If your tax number is the same as your Social Security Number (SSN), you must leave this line blank. DO NOT enter your SSN on this signature sheet. If your SSN is required to process a contract award, including any tax clearance requirements, you will be contacted by an authorized representative of the Office of Procurement and Contracts at a later date.

E-Mail

Signature Date

Typed Name Title

In the event the contact for the bidding process is different from above, indicate contact information below.

Bidding Process Contact Name

Mailing Address City & State Zip

Toll Free Telephone Local

Cell Phone Fax Number

E-Mail

If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.

Award Contact Name

Mailing Address City & State Zip

Toll Free Telephone Local

Cell Phone Fax Number

E-Mail

Certification Regarding Immigration Reform & Control

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-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that 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 and any applicable damages.

Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract.

At the State’s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor’s compliance with any provision, duty, certification, or the like under the contract.

Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract.

Signature, Title of Contractor: Date:

Policy Regarding Sexual Harassment

WHEREAS sexual harassment and retaliation for sexual harassment claims are unacceptable forms of discrimination that must not be tolerated in the workplace; and

WHEREAS state and federal employment discrimination laws prohibit sexual harassment and retaliation in the workplace; and

WHEREAS officers and employees of the State of Kansas are entitled to working conditions that are free from sexual harassment, discrimination, and retaliation; and

WHEREAS the Governor and all officers and employees of the State of Kansas should seek to foster a culture that does not tolerate sexual harassment, retaliation, and unlawful discrimination.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby order as follows:

1. All Executive Branch department and agency heads shall have available and shall regularly review and update at least every three years or more frequently as necessary, their sexual harassment, discrimination, and retaliation policies. Such policies shall include components for confidentiality and anonymous reporting, applicability to intern positions, and training policies.

2. All Executive Branch department and agency heads shall ensure that their employees, interns, and contractors have been notified of the state’s policy against sexual harassment, discrimination, or retaliation, and shall further ensure that such persons are aware of the procedures for submitting a complaint of sexual harassment, discrimination, or retaliation, including an anonymous complaint.

3. Executive Branch departments and agencies shall annually require training seminars regarding the policy against sexual harassment, discrimination, or retaliation. All employees shall complete their initial training session pursuant to this order by the end of the current fiscal year.

4. Within ninety (90) days of this order, all Executive Branch employees, interns, and contractors under the jurisdiction of the Office of the Governor shall be provided a written copy of the policy against sexual harassment, discrimination, and retaliation, and they shall execute a document agreeing and acknowledging that they are aware of and will comply with the policy against sexual harassment, discrimination, and retaliation.

5. Matters involving any elected official, department or agency head, or any appointee of the Governor may be investigated by independent legal counsel.

6. The Office of the Governor will require annual mandatory training seminars for all staff, employees, and interns in the office regarding the policy against sexual harassment, discrimination, and retaliation, and shall maintain a record of attendance.

7. Allegations of sexual harassment, discrimination, or retaliation within the Office of the Governor will be investigated promptly, and violations of law or policy shall constitute grounds for disciplinary action, including dismissal.

8. This Order is intended to supplement existing laws and regulations concerning sexual harassment and discrimination and shall not be interpreted to in any way diminish such laws and regulations. The Order provides conduct requirements for covered persons and is not intended to create any new right or benefit enforceable against the State of Kansas.

9. Persons seeking to report violations of this Order, or guidance regarding the application or interpretation of this Order, may contact the Office of the Governor regarding such matters.

Agreement to Comply with the Policy Against Sexual Harassment, Discrimination, and Retaliation.

I hereby acknowledge that I have received a copy of the State of Kansas Policy Against Sexual Harassment, Discrimination, and Retaliation established by Executive Order 18-04 and agree to comply with the provisions of this policy.

Signature and Date: Printed Name:

Certification of Company Not Currently Engaged in a Boycott of Goods or Services from Israel

In accordance with HB 2482, 2018 Legislative Session, the State of Kansas shall not enter into a contract with a Company to acquire or dispose of goods or services with an aggregate price of more than $100,000, unless such Company submits a written certification that such Company is not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the State.

As a Contractor entering into a contract with the State of Kansas, it is hereby certified that the Company listed below is not currently engaged in a boycott of Israel as set forth in HB 2482, 2018 Legislature.

Signature, Title of Contractor Date

Printed

Name of Company

Certification of Company Not Currently Engaged in The Procurement or Obtainment of Certain Equipment, Services, or Systems

WHEREAS, pursuant to Public Law 115-232, Section 889 of the John S. McCain National Defense Authorization Act of 2019, “covered telecommunications equipment or services” is defined as:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

WHEREAS, a “covered foreign country” means any of the following: (1) The People’s Republic of China, (2) The Russian Federation, or (3) any country that is a state sponsor of terrorism1.

WHEREAS, foreign adversaries are increasingly creating and exploiting vulnerabilities in covered telecommunications equipment which store and communicate vast amounts of sensitive information and support infrastructure and emergency services, in order to commit malicious cyber-enabled actions;

WHEREAS, the unrestricted acquisition or use in the State of Kansas of covered telecommunications equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in technological equipment, services, or systems; and

WHEREAS, the State of Kansas has an interest in protecting itself against threats related to foreign adversary’s exploitation of vulnerabilities in covered telecommunications equipment.

THEREFORE, Contractor certifies that it shall not provide or procure to the State of Kansas or any agency thereof any covered telecommunications equipment either in whole or in part of any product or during the commission of any service.

FURTHERMORE, and notwithstanding any other contracts or agreements with Contractor, if Contractor has violated, misrepresented, or otherwise fails to comply with this certification document as determined by the State, the State may terminate any contract without penalty with Contractor immediately.

By signing the below, Contractor acknowledges and agrees to comply with the provisions of this policy.

CONTRACTOR

Signature, Title Date

1 Designations of a “state sponsor of terrorism” may be found at the U.S. Department of State website at:

https://www.state.gov/state-sponsors-of-terrorism/ https://www.state.gov/state-sponsors-of-terrorism/

Tax Clearance Instructions

A “Tax Clearance” is a comprehensive tax account review to determine and ensure that the account is compliant with all primary Kansas Tax Laws administered by the Kansas Department of Revenue (KDOR) Director of Taxation. Information pertaining to a Tax Clearance is subject to change(s), which may arise as a result of a State Tax Audit, Federal Revenue Agent Report, or other lawful adjustment(s).

To obtain a Tax Clearance Certificate, you must:

• Go to http://www.ksrevenue.org/taxclearance.html to request a Tax Clearance Certificate

• Return to the website the following working day to see if KDOR will issue the certificate

• If issued an official certificate, print it and attach it to your signed renewal document

• If denied a certificate, engage KDOR in a discussion about why a certificate wasn’t issued

Contractors must submit a current Tax Clearance Certificate along with the signed Renewal Document. No renewal will be processed unless a current Tax Clearance Certificate is submitted.

Per KSA 75-3740-(c), the Director of Purchases may reject the bid of any bidder who is in arrears on taxes due the State of Kansas. The Secretary of the Kansas Department of Revenue is authorized to exchange such information with the Director of Purchases as is necessary to determine a bidder’s tax clearance status, notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information.

Please Note: Individual and business applications are available. For applications entered prior to 5:00 PM Monday through Friday, results typically will be available the following business day.

Tax clearance requests may be denied if the request includes incomplete or incorrect information.

Please Note: You will need to sign back into the KDOR website to view and print the official tax clearance certificate.

Information about Tax Registration can be found at the following website:

http://www.ksrevenue.org/busregistration.html http://www.ksrevenue.org/taxclearance.html http://www.ksrevenue.org/busregistration.html

SECTION A

INVITATION FOR BIDS

1. Notice is hereby given that sealed proposals will be received for Property Insurance for the State of Kansas, Department of

Commerce and Department of Labor. Bids will be accepted until 2:00 p.m., November 13, 2024, at the office of the Director of Purchases, Division of Purchases, Department of Administration, Landon State Office Building, 900 S.W. Jackson Street, Room 451 South, Topeka, Kansas 66612-1286. At said time, bids will be publicly opened and read aloud. Bids received after said time and date will be retained in the file unopened and not receive consideration.

2. Bids shall be submitted on forms furnished herewith. Additional bid forms and specifications may be obtained by addressing the Director of Purchases, as above.

3. Questions requesting clarification of the Bid must be electronically submitted to the Procurement Officer (E-mail:

Dean.Heineken@ks.gov) prior to the close of business on October 28, 2024. Responses to any questions will be issued via Addendum and posted at the following website: http://admin.ks.gov/offices/procurement-and-contracts/bid-solicitations

4. Wherever and whenever the word "State" is used, it shall mean the Committee on Surety Bonds and Insurance under whose authority this insurance will be purchased.

5. Bid results will not be given to individuals over the phone. Bid results can be obtained by: attending the public bid opening at the time and date noted; via e-mail to tabsheets@ks.gov; or by writing to the following address:

Kansas Department of Administration Procurement and Contracts Attn: Bid Results 900 SW Jackson, Suite 451-South Topeka, KS 66612-1286

Include the Bid Event number in all requests.

6. Faxed and emailed bid responses are not acceptable.

7. CRIMINAL OR CIVIL OFFENSE OF AN INDIVIDUAL OR ENTITY THAT CONTROLS A COMPANY OR ORGANIZATION

OR WILL PERFORM WORK UNDER THIS CONTRACT: Any conviction for a criminal or civil offense that indicates a lack of business integrity or business honesty must be disclosed. 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 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 disqualification of the bid or termination of the contract.

8. 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.

With the submission of this bid, 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 and any applicable damages.

Unless provided otherwise herein, all contractors are expected to be able to produce to State any documentation or other such evidence to verify Contractor's compliance with any provision, duty, certification or like under the contract.

mailto:Dean.Heineken@ks.gov http://admin.ks.gov/offices/procurement-and-contracts/bid-solicitations mailto:tabsheets@ks.gov

EQUAL OPPORTUNITY CLAUSE

Pursuant to K.S.A., Chapter 44, Article 10, this agreement entitled "Equal Opportunity Clause" is hereby incorporated in and made a part of any contract of insurance issued as a result of this bid proposal.

During the performance of this contract, the contractor agrees as follows:

(a) The contractor shall observe the provision of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin or ancestry:

(b) In all solicitations or advertisements for employees, the contractor shall include the phrase "equal opportunity employer", or a similar phrase to be approved by the commission:

(c) If the contractor fails to comply with the manner in which he reports to the commission in accordance with the provisions of section 15 (44-1031) of this Act, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part by the contracting agency:

(d) If the contractor is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency;

(e) The contractor shall include the provisions of subsections (a) through (d) inclusively of the present section in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

SECTION B

SPECIAL PROVISIONS

1. PROPOSALS:

The Kansas Department of Administration, Office of Procurement and Contracts is currently open to the public and accepting both emailed and hand delivered bids.

All emailed bids must be submitted to Procurement@ks.gov. All bids submitted must be received by the Office of Procurement and Contracts by the specific bid closing date and time of 2:00PM CST.

Please note that you will receive an email that your documents were received, if you do not receive an email there may be an issue, please call 785-296-0002 to confirm that your bid package was received electronically.

All hand delivered bids must be received in our office prior to 2:00PM CST on the closing date at the address below to be considered.

Department of Administration Procurement and Contracts Proposal # EVT0009985

Closing Date: November 13, 2024, 2:00 PM

900 SW Jackson, Suite 451 South Topeka, KS 66612-1286

Bids are not considered received until they are date and time stamped in the Office of Procurement and Contracts. The Office of Procurement and Contracts will not be responsible for late deliveries.

It is the responsibility of the bidder to ensure the bid date and time is met and the EVT number and company name is included in the subject line of the email. Bidders are encouraged to submit bids to the above email address no later than 1:45PM on the bid closing date. This allows time for staff to receive the bid and log it into our system prior to the bid closing at 2:00PM CST.

Proposals shall be properly and completely executed on the proposal form furnished.

Electronic modifications will be considered only if received prior to the closing time for receipt of proposals provided that written confirmation of the electronic modification, over the signature of the bidder, was mailed prior to the bid closing time. If written confirmation is not received within two (2) days after the closing time, no consideration will be given to the electronic modification.

2. AWARD OF CONTRACT:

Award will be made by the State to the lowest responsible bidder pursuant to the provisions of K.S.A. 75-3740 and 75-3740a.

3. REJECTION OF BIDS:

The State reserves the right to reject any and all bids. Bids may be rejected for failure of the bidder to comply with any of the requirements set forth in these specifications. The State may award on any of the requested options as may be deemed in its best interest. In the event all bids are rejected, the current insurer may be requested to extend coverage for a reasonable time necessary to permit coverage either to be re-bid or negotiated.

4. BINDING AUTHORITY:

The bidder shall have authority to bind coverage in accordance with his proposal.

mailto:Procurement@ks.gov

SECTION C

SPECIFICATIONS

1. SCOPE AND PURPOSE:

These specifications are intended to cover the purchase of Property Insurance for Department of Labor and Department of Commerce, in accordance with the provisions of KSA 74-7403.

2. QUALIFICATIONS OF BIDDERS:

Each bidder, pursuant to K.S.A. Chapter 40, particularly K.S.A. 40-214 and pertinent Insurance Department Rules and Regulations, shall be a duly authorized representative of the insurance company for which the bid is submitted and such company must be properly licensed and admitted to transact the insurance business herein described in the State of Kansas.

Any agent participating in this bid shall be affiliated with a licensed agency appointed by that insurer in the State of Kansas. In the event the agent is individually licensed by an insurance company, the agent shall be appointed by that insurer in the State of Kansas. The required appointment shall occur no later than 30 days after the bid closing date or the policy period effective date, whichever come first.

3. COVERAGE:

The insurance policy shall afford Fire and Lightning, Extended Coverage, Vandalism and Malicious Mischief Coverage (Basic Form) on a blanket replacement/reconstruction cost basis at 90% of the values shown for buildings in Section D hereof.

NOTE: Alternate Bids are requested for Coverage on an “All Risk” (Special Form) basis at 90% of values shown in Section D.

4. CANCELLATION OF COVERAGE:

Pursuant to K.S.A. 75-4016, coverage purchased hereunder may not be cancelled by the insurance company or the Committee during the term of such contract unless a substitute contract upon the same terms and conditions covering the affected property is in force or the Committee determines the property affected no longer requires the coverage provided by the contract.

5. POLICY PROVISIONS:

Any insurance issued as a consequence of this invitation to bid shall be for a three-year (3) year period beginning 12:01 a.m., December 1, 2018, to 12:01 a.m., December 1, 2021. Each bidder shall agree to furnish, if such bid is accepted, a binder of such coverage on or before the aforementioned date. Premium shall be quoted on an annual payment basis.

Bidders may bid an annual policy, annual policy (not to exceed three years) subject to annual rerate or annual policy terms with guaranteed three-year premiums/rates. The State prefers three (3) year policy terms and may give preference to this option.

If a multi-year policy is being bid, an exact definition of how second and/or third year premium charges would be calculated must be identified.

As noted in Section B, Item 3, the State reserves the right to reject all bids. If such action is taken in subsequent bid offerings and of so requested by the State, the successful bidder for this offering agrees to extend this coverage for a reasonable time necessary to permit coverage either be re-bid or negotiated. Additional premium shall be calculated pro-rata based on the rates/premium applicable to the current policy. An appropriate endorsement shall be issued at that time which provides for the coverage extension.

The Property Coverage is to be afforded the following forms:

(1) Commercial Property Conditions – Form CP 00 90 07 88

(2) Common Policy Conditions – Form IL 00 17 11 98

(3) Building and Personal Property Coverage – Form CP 00 10 10 00

(4) Causes of Loss – Basic Form CP 10 10 10 00

(5) Causes of Loss – Special Form CP 10 30 10 00

(6) Kansas Changes Endorsement – Form CP 01 01 11 98

(7) Calculation of Premium – Form IL 00 03 07 02

(8) Kansas Changes Concealment, Misrepresentation or Fraud – Form IL 01 60 07 02

(9) Kansas Changes – Cancellation and Non-Renewal – Form IL 02 61 07 02

NOTE 1: Indicate on declarations that agreed value and replacement options apply.

NOTE 2: Any anniversary premiums shall be subject to the same discount, if any, applied to the first premium and such premium shall be subject to review by the State.

6. ALTERNATE DEDUCTIBLES:

The State requests alternate deductible bids utilizing forms and providing coverage as set forth for the base bid, except the deductible shall be $1,000 per occurrence (see Section E, Bid Sheet, Alternate Bid 1).

For Base Bid ($500 deductible) or Alternate Bid 1 ($1,000 deductible), the Deductible Clause contained in the prescribed forms shall be deleted and replaced by the following endorsement:

ENDORSEMENT

Substitution for Section V – Deductible Clause.

The sum of $_______* shall be deducted from the amount of loss to property in any one occurrence resulting from any of the perils insured against. This deductible shall apply separately to each building (including personal property therein), separately to personal property in each building and separately to personal property in the open (including within vehicles). The aggregate amount of this deductible in any one occurrence shall not exceed $_______*. This deductible shall not apply to insurance covering Business Interruption, Extra Expense, Rent or Rental Value or Leasehold interest.

Note: The amount of $500 or $1,000 shall be inserted in each of the blank spaces shown above, if the Base Bid or Alternate Bid 1 is selected by the State. In the event one of the alternatives is selected, an aggregate deductible amount in any one occurrence shall correspond with and not exceed the base deductible amount of $500 or $1,000.

Note: In the event any other alternate deductible is selected, the deductible amounts shall apply according to the deductible clause endorsement.

7. FILINGS REQUIRED:

Since the terms and conditions of the requested policy as described above have been promulgated by the State Committee on Surety Bonds and Insurance, pursuant to law, as the provisions to be purchased, the policy furnished must contain such provisions. Any filings necessary to place this program in effect shall be furnished the Kansas Insurance Department in accordance with K.S.A. 40-216 and other applicable statutes and regulations.

8. ALTERNATE FORM BIDS:

In the event the company wishing to bid this program cannot provide coverage as specified herein, it will be permissible to submit other alternate proposals for consideration if such alternates provide coverage equal to or greater than that provided by the ISO forms listed in paragraph 5. Bids utilizing deductibles other than those specified must be clearly identified.

Policy forms and endorsements intended to be utilized by the company by virtue of the alternate bid must be consistent with filings made by or on behalf of the company. Any filings necessary to place the alternate bid into effect must be made pursuant to KSA 40-216 and other applicable statutes and regulations.

The company issuing the insurance under an alternate proposal permitted under this paragraph shall endorse the policy substantially as follows:

“It is agreed that any claim for loss under this policy will be settled on terms not less favorable to the State of Kansas than those which would have applied had the coverage been provided by the forms prescribed in Paragraph 5, Section C of the bid specifications under which this policy was issued."

9. CLAIM FACILITIES:

The company issuing the insurance shall have and maintain adequate claim facilities. Personnel from the claim service must be available as required by the State.

10. PREPARATION OF BIDS:

Bids shall be made on the proposal forms supplied herewith.

11. STATEMENT OF LOSSES:

The successful bidder must furnish itemized loss figures to the Department of Labor, Department of Commerce and the Procurement and Contracts on an annual basis. Upon request of the State, such information shall be available electronically using Microsoft Excel or other approved spreadsheet application.

12. EXPERIENCE:

See attachment B.

13. The State reserves the right to request coverage for additional, appropriate property, if necessary, during the term of any policy issued as a result of this specification. Premium charge for such coverage shall be subject to the same discount, if any, applied to the first annual premium and such premium shall be subject to review by the State.

14. UNDERWRITING INFORMATION:

See Attachment C – Current Policy. PLEASE NOTE: the prior policy had several listed properties that are no longer owned by the State of Kansas and have been removed from the covered property for this bid event.

SECTION D

PROPERTY COVERED

Department of Labor and

Department of Commerce

See Attachment A - Property Data.

SECTION E

BID SHEET

Bidders must indicate which deductible and coverage is being offered. Use additional sheets if offering multiple options.

1. $500 ________ Named Peril (Basic):

2. $1,000 ________

3. Other ________ All Risk (Special):

A. Department of Labor (DoL):

Total Property Value $11,613,421

Annual Rate $________________

Total DoL Annual Premium $________________

B. Department of Commerce (DoC):

Total Property Value $6,567,163

Annual Rate $________________

Total DoC Annual Premium $________________

Total Both Agencies $________________

Check which term is being bid:

Three Year with annual re-rates _______ One Year with two (2) one-year renewals _______ One Year _______

TERRORISM COVERAGE:

Pursuant to the Terrorism Risk Insurance Act of 2002 and Terrorism Risk Insurance Extension Act of 2005, insurance companies are required to offer Terrorism Coverage and provide the premium for such coverage. The insurance company is also required by the Act to provide the insured with a disclosure form as a means to advise of the coverage offer and the premium charge as well as a formal rejection of the coverage. The insured must reject the offer in writing; or, if the insured does not pay within 30 days of notification, coverage will be considered rejected.

ANNUAL

PREMIUM

Indicate your charge for Terrorism Coverage for each offer:

Labor $________________

Commerce $_______________

Total $________________

1. Contractual Provisions Attachment DA-146a Rev. 07/19

1.1. 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.

07-19), 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____.

1.2. 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.

1.3. 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.

1.4. 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 thirty (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 ninety (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.

1.5. 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.).

1.6. 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 Kansas Executive Order No. 19-02, and to not discriminate against any person because of race, color, gender, sexual orientation, gender identity or expression, religion, national origin, ancestry, age, military or veteran status, disability status, marital or family status, genetic information, or political affiliation that is unrelated to the person's ability to reasonably perform the duties of a particular job or position; (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) Contractor agrees to comply with all applicable state and federal anti-discrimination laws and regulations; (g) Contractor agrees all hiring must be on the basis of individual merit and qualifications, and discrimination or harassment of persons for the reasons stated above is prohibited; and (h) if it is determined that the contractor has violated the provisions of any portion of this paragraph, such violation shall constitute a breach of contract and the contract may be canceled, terminated, or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

1.7. Acceptance of Contract

This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

1.8. 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.

1.9. 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.

1.10. 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.

1.11. 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.

1.12. 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.

1.13. 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."

1.14. 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 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.