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  1. 1. K A N S A S KATHLEEN SEBELIUS, GOVERNOR DUANE A. GOOSSEN, SECRETARY CHRIS HOWE, DIRECTOR ______________________ CAROL L. FOREMAN, DEPUTY SECRETARY DEPARTMENT OF ADMINISTRATION DIVISION OF PURCHASES LANDON STATE OFFICE BUILDING, 900 SW JACKSON ST., RM 102N, TOPEKA, KS 66612-1286 Voice 785-296-2376 Fax 785-296-7240 http://da.state.ks.us/purch CONTRACT AWARD Date of Award: March 21, 2005 Contract Number: 07869 PR Number: 011048 Replaces Contract: New Procurement Officer: Robert J. Sachs Telephone: 785-296-2770 E-Mail Address: robert.sachs@da.state.ks.us Web Address: http://da.state.ks.us/purch Item: Bar Coding / RFID Applications Solutions Agency: Department of Transportation Location(s): Topeka, Kansas Period of Contract: Date of award through acceptance of deliverables Contractor: Tata America International Corporation ORDERS TO: dba TCS America 40 Corporate Woods, Suite #260 101 Park Ave., 26th Floor 9401 Indian Creek Parkway New York, NY 10178 Overland Park, KS 66210 Telephone: 212-557-8038 913-906-0763 Fax: 212-867-8652 913-906-0764 FEIN: 13-2805758 Contact Person:Satyanarayan S. Hegde Debashish Chakraborti E-Mail: satya.hedge@usa-tcs.com d.chakraborti@usa-TCS.com Prices: See Attached Payment Terms: Net 30 Political Subdivisions: Pricing is available to the political subdivisions of the State of Kansas. Procurement Cards: Agencies may use State of Kansas Business Procurement Card for purchases from this contract. Administrative Fee: No Administrative Fee will be assessed against purchases from this contract.
  2. 2. Contract Number 07869 Page 2 Conditions: State Credit Card: Presently, many State Agencies use a State of Kansas Business Procurement Card (Visa) in lieu of a state warrant to pay for some of it's purchases. No additional charges will be allowed for using the card. Political Subdivisions: Political Subdivisions (City, County, School Districts and etc.) are permitted to utilize contracts administered by the Division of Purchases. Conditions included in this contract shall be the same for political subdivisions. The State has no responsibility for payments owed by political subdivisions. The vendor must deal directly with the political subdivision. Quarterly Reports: The vendor is required to submit quarterly, to the Division of Purchases, all acquisitions made by the state from this contract. This report should include as a minimum the agency name, quantity, description, and amount. Conditions of Contract: The following terms and conditions of award are incorporated by reference and include: State of Kansas DA-45/146a; specifications and conditions of the proposal including any addenda; vendors response including any addenda, appendices and exhibits. Order of Preference: Any conflict to the provisions of this contract and the documents incorporated by reference shall be determined by the following priority order: a. State of Kansas Contract Provisions Attachment DA-45/146a; b. Written modifications and addenda to the executed contract; c. This contract document.; d. The above referenced Request for Proposal (RFP) including any addenda; e. Contractors response including any addenda, appendices and exhibits. Contract Documents: RFP #07869 and any amendments and the response and any amendments of the Tata Consultancy Services shall be incorporated along with the DA-146a into the written contract which shall compose the complete understanding of the parties. In the event of a conflict in terms of language among the documents, the following order of precedence shall govern: 1. Form DA-146a; 2. written modifications to the executed contract; 3. written contract signed by the parties; 4. this Request including any and all addenda; and 5. contractor's written proposal submitted in response to this Request as finalized. Contract Formation: No contract shall be considered to have been entered into by the State until all statutorily required signatures and certifications have been rendered; funds for the contract have been encumbered with the Division of Accounts and Reports; and a written contract has been signed by the contractor. Term of Contract: The term of this contract is from date of award through the acceptance of the deliverables. Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed executed at Topeka, Shawnee County, Kansas. Mandatory Provisions: The provisions found in Contractual Provisions Attachment (DA-146a) which is attached are incorporated by reference and made a part of this contract. Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction.
  3. 3. Contract Number 07869 Page 3 STATEMENT OF WORK BAR CODING/RFID APPLICATIONS Background The purpose of this contract is to conduct a study for use of Bar Coding/RFID for the Kansas Department of Transportation for the following application areas. CAPITAL INVENTORY Capital Inventory in KDOT consists of Buildings, Highway Planning Equipment, Land Inventory, Office Equipment Inventory, Shop Equipment Inventory, and Equipment – rolling stock i.e. Trucks, Materials Equipment, Radio Equipment, Storage Areas, Safety Rest Areas, and Communication Tower Equipment. These assets are dispersed over the entire State of Kansas and their value is $307,057,000+. The number of units involved in these inventories is 23,000+. The number of physical locations of the Capital Inventory is approximately 28 headquarters offices in Topeka and 159 statewide field offices. These Capital Asset inventories are currently tracked by CICS Mainframe Computer Programs that adds and updates data via on- line entry. Scope: Identify how Bar Coding/RFID can aid KDOT’s efforts to manage Capital Inventory units by tracking the units from purchase, through physical location changes, to disposal, and inventory accountability. The study will need to encompass how the inventory is now managed and if Bar Coding/RFID can be interfaced to the current system, the level of effort required, as well as how much information can be provided by bar coding/RFID. Provide recommendations for Bar Code/RFID hardware and software to including Bar Code/RFID products that would be suitable for KDOT’s Capital Inventory System. CONSUMABLE INVENTORY Consumable Inventory items are defined as all items that are consumed by use or used in repair and replacement work, or parts used in repair work. Consumables supplies are those items with a life expectancy of less than one year. Examples of items in this inventory are repair parts and supplies for automotive equipment, highway signs, highway maintenance materials, fuel and office supplies. KDOT manages between $12 and $15 million in consumable inventory at any given time. Each inventory unit is tracked by an eight digit stock number and an associated three digit location number. Activities in the system include receiving purchased supplies, issuing supplies, transferring to other sub-locations, inventory reconciliation and disposal of surplus and obsolete supplies. There are 41 manned stock locations and approximately 420 unmanned locations statewide that stock and issue supplies to 159 field locations and countless maintenance projects. Currently, similar products from different manufacturers that have the same application are co-mingled in the same stock number. This inventory is currently tracked by an on-line CICS Mainframe computer system. Scope: Identify how Bar Coding/RFID can aid KDOT’s management efforts for Consumable Inventory units by tracking the supplies from purchase, through physical location changes, to disposal, and inventory accountability. The study will need to encompass how the system now in place is managed and if Bar Coded/RFID information can be interfaced to the system now in place and identify the level of effort required to perform the interface. Provide recommendations for supporting current operations or if change based on manufacturer SKU is appropriate and the impact from adopting this type of change, Bar Code/RFID hardware and software to include Bar Coding/RFID products that would be suitable for KDOT’s Consumable Inventory System. MATERIALS TESTING: Materials Tests samples are accumulated at Road Construction Contract sites and are provided to the Central Laboratory in Topeka to certify that materials meet Kansas Department of Transportation specifications for road construction. Many tests are performed statewide and at the Central Laboratory in Topeka to meet contract specifications for materials such as aggregate, traffic line paint, metals for the manufacture of signs etc. These materials differ from the Construction Contract materials because the specifications are provided when contracts are let for these products. Information about materials tests need to be identified, logged, transported and the results provided to locations that require this information.
  4. 4. Contract Number 07869 Page 4 Scope: Identify how Bar Coding/RFID can provide the same level of information to track samples for testing, movement of test information and for logging test information. The study should encompass how the system now in place is managed and if Bar Coded/RFID information can be interfaced to the system now in place or if a new system will need to be implemented. Provide recommendations for Bar Coding/RFID hardware and software to include Bar Coding/RFID products that would be suitable for KDOT’s materials test tracking efforts. Other Applications Additional Scope items: A review of other appropriate applications for the potential use of Bar Coding/RFID should be reviewed and identified by the contractor. For example, KDOT has several manufacturing processes that utilize stock items to create a new product with a different stock identity. This includes highway maintenance materials and signs. Other areas of agency operations should also be considered for application of this type of technology. The selected vendor will work in conjunction with a KDOT committee established to provide guidance and oversight on this project. The selected vendor will be required to meet with the committee throughout the project and provide status reports on accomplishment and progress. Deliverables: A. Complete a study of how Bar Coding/RFID can be used with existing computerized systems for Capital and Consumable Inventories and Materials Testing as well as a total assessment for Interfacing Bar Coding/RFID to these systems. B. Provide detailed information about hardware and software available to meet the required results. C. Meet and report to the KDOT Bar coding/RFID committee. As a part of this element the vendor will be required to assist in determining and developing a pilot project that can be completed in a reasonable amount of time and will provide direction for use of bar coding/RFID in KDOT. ******************************************************************************************************************************* We, in our dealings, are self-regulated by a code of conduct as enshrined in the “TATA Code of Conduct”. We request your support in helping us adhere to the code in letter and spirit. We request that any violation or potential violation of the code by any person be promptly brought to the notice of the Local Ethics Counselor or the Principal Ethics Counselor or the CEO of TCS. All communication received in this regard will be treated and kept as confidential. ******************************************************************************************************************************* TIMELINE AND METHODOLOGY The Scope of Work for this engagement will entail conducting a study for use of bar coding and RFID in the Kansas Department of Transportation. The scope of the study covers the following, which are detailed in RFP 07869 in Section V, Statement of Work, Bar Coding/RFID Applications. 1. Capital Inventory 2. Consumable Inventory 3. Materials Testing 4. Other Applications (where bar coding and/or RFID may be potentially used, including manufacturing processes) The Scope includes the study of operations at the following locations: A selected set of locations where capital inventory is stored or handled such as headquarter offices and field offices A selected set of locations where consumable inventory is stored or handled such as manned & unmanned stock locations, field locations and maintenance project sites Selected road construction sites where material testing samples are collected Central Laboratory in Topeka Any other location in Kansas where there are potential applications for the Department of Transportation The Scope also includes the study of the following IT systems: Existing Inventory Management Systems Overview of Kansas Department of Transportation IT architecture and infrastructure
  5. 5. Contract Number 07869 Page 5 DELIVERABLES TCS will provide the following deliverables for this engagement. MID TERM DELIVERABLES (I) Status Report and work-in-progress Study Report after Functional Requirements study phase. (II) Status Report and work-in-progress Study Report after IT System study phase. FINAL DELIVERABLES (III) Study Report a. Includes brief description of the processes covered under the study. b. Current system of identification and tracking c. Key drivers for improvement d. RFID/Bar code use case scenarios e. Interfacing of barcode scanners/RFID readers with existing computer systems and applications f. Impact on existing databases and applications g. Impact on existing processes h. Analysis of costs and benefits i. Suggested roadmap (IV) Technology Recommendation Report a. Includes hardware and software required for interfacing RFID or barcode systems b. Details of suitable RFID tags, readers, or barcode scanners c. Any specialized middleware, if required d. Network requirement (V) Presentation of Study Report and Technology Recommendation (VI) Plan for a Pilot Project METHODOLOGY TCS proposes a phase approach for this study that will include the following: 1. Project Startup and Planning 2. Functional Requirements Study 3. IT Systems Study 4. Solution Evaluation 5. Pilot Project Planning 6. Report Presentation and Refinement Project Startup and Planning LOCATION ON SITE DURATION 4 DAYS PARTICIPANTS TCS / KDOT STAFF OUTCOME DETAILED PROJECT PLAN 1. Project Kick Off Meeting a. Interactions with KDOT team for an overview of inventory management process, material testing process, and other process areas. b. Discussions with KDOT team on RFID/Bar coding deployment strategy and application areas. c. Understand the physical and geographical layout across headquarters offices and statewide field offices. d. Discussions to freeze on time frames and desired end states. 2. Detailed Project Planning a. Selection of key sites to be visited. b. Identification of key stakeholders from KDOT.
  6. 6. Contract Number 07869 Page 6 c. Identification of persons from KDOT who will take part in meetings and discussions. d. Appointment scheduling with the concerned departments and personnel. e. Preparing of detailed project plan, including appointments schedules. 3. Presentation and Review of Project Plan a. Presentation of project plan to KDOT b. Review of project plan by KDOT c. Incorporation of review comments Functional Requirements Study LOCATION ON SITE DURATION 19 DAYS PARTICIPANTS TCS with input from KDOT OUTCOME Understanding of current processes, Identification of “pain” areas Documentation of business processes Documentation of RFID/Barcode use cases 1. Study of Consumable Inventory Management Process a. Site visits to manned and unmanned stock locations, field offices, and maintenance project sites. b. Facilitated working sessions for process understanding. c. Discussion on RFID/Barcode use cases. 2. Study of Capital Inventory Management Process a. Site visits to headquarter offices and field locations. b. Facilitated working sessions for process understanding. c. Discussion on RFID/Barcode use cases. 3. Study of the Material Testing Process a. Site visits to Central Laboratory, Topeka and road construction sites. b. Facilitated working sessions for process understanding. c. Discussion on RFID/Barcode use cases. 4. Study of Other Process Where RFID/Barcodes May Be Used Facilitated Working Sessions This will entail discussions and knowledge sharing sessions with KDOT. These working sessions will be used to discuss procedures, prepare and edit descriptions of business processes, and define input datasets and system functions. These working sessions will KDOT management staff, field office staff, IT staff, and processing staff. The following activities will be performed during working sessions: √ Understanding Business Processes Mapping of Physical Inventory Processes that includes the Business Rules [e.g. tendering, purchasing, inspection/testing, storage, movements, issuance, disposal, etc.] Current identification scheme Classification of inventory Identification of existing applications, database and data structures Network connectivity Hardware Infrastructure (nodes, servers, platforms, etc.) Study of data frequency Reporting and information display requirements Alerts and automated triggers √ Identifying Pain Areas Average time taken for each identification and data entering stages Probability/possibility of missing items
  7. 7. Contract Number 07869 Page 7 Data inconsistency
  8. 8. Contract Number 07869 Page 8 Delayed information; lack of inventory visibility Repetition of data entry Finding existing stock position from dispersed locations Queue management in stock locations A detailed analysis of how each of the pain points be eliminated/improved using suitable technologies such as barcode or RFID at various identification locations. AFES Matrix Technique The facilitated working sessions will utilize the AFES Matrix technique described below. The Area-Function- Event-Scenario matrix provides organized documentation of end business requirements from an “event driven” perspective. √ Area identifies a unit / division of the business. √ Function identifies a business process with a definite goal. These elements are used to organize the information √ Event refers to an observable action which takes place within the business, or at the ‘boundary’ of the business (e.g. interactions with customers), and triggers a reaction, or process, within the business √ Scenarios are the different ways that the Event can take place, and hence identifies the different reactions / processes triggered. Events and Scenarios determine system requirements and features. Data collection and analysis technique will provide comprehensive, holistic view of the process and its activities. An example of an AFES matrix is shown below. Area Warehouse Function Inventory Receiving Process Event Suppliers sent Item per order list Scenario 1 Verification of incoming items Requirement The system must automatically compare receipt against advanced shipment notice Figure 2: Example AFES Matrix
  9. 9. Contract Number 07869 Page 9 IT Systems Study LOCATION ON SITE DURATION 7 DAYS PARTICIPANTS TCS with input from KDOT Staff OUTCOME Understanding of applications, IT architecture, and RFID/Barcode interfacing requirements The following activities will be done in this phase. Discussions with key IT staff. Understanding of IT architecture, databases, applications and infrastructure. Understanding inventory management application. Understanding key interface requirements. Identifying impact on existing applications and databases. Documentation. Solution Evaluation LOCATION ON SITE DURATION 25 DAYS PARTICIPANTS TCS OUTCOME Development of the solution architectures and cost/benefit analysis The Solution Evaluation Phase will be comprised of three major activities: Evaluation of Potential Technology Options Solution Architecture Definition Cost and Benefits Analysis Evaluation of Potential Technology Options Potential technology options will be evaluated in the following context: Evaluate the current operations, analysis of the flow of information, and list deficiencies. Define the requirements necessary to remedy these deficiencies. Current state of RFID/barcode technology and KDOT’s existing and planned infrastructure. Candidate architectures for using Radio Frequency Identification and barcode systems. Screening and decision on detailed set of alternatives. Identify how the technology solutions map to KDOT stated needs and priorities. Determine risk/rewards, standards, maturity, longevity, and integration challenges/opportunities. Solution Architecture Definition The project team will recommend architectures that best fit the priorities identified during the study. The architecture will be recommended based on the following activities. An analysis of items to be tagged with item-specific information (such as dimension, period of usage, metallic content, liquid content, temperature cycles, environment of usage/storage, etc.). Tagging requirements (frequency, range, memory, special requirement, etc.). Best suit of using barcode or RFID for each type of items. Determining requirements of read/scan points. Plan for optimum locations for read/scan points (fixed and mobile). Re-mapping of physical processes in terms of proposed read-points to fulfill the entire tracking requirement (identify the data to be initialized, read, written or modified). Determining requirements of IT infrastructure. Nodes and servers with preferable configurations. Database and operating system. Middleware requirement.
  10. 10. Contract Number 07869 Page 10 Cost and Benefits Analysis The project team will provide a costs and benefits analysis with estimated investment, benefits, ROI analysis, Impact analysis for new processes. The cost-benefit analysis evaluates the financial implications to KDOT by implementing the RFID/ barcode based asset tracking solution. This analysis provides a means of making a judgment about value for cost outlay. Several economic indicators will be calculated that are relevant to the project. Pilot Project Planning LOCATION ON SITE DURATION 1 DAY PARTICIPANTS TCS OUTCOME Preparation of Pilot Project Plans During this phase, the project team will prepare plans for a piloting project for the use of RFID and/or barcode. The project planning will include: Selection of a short list of candidate pilots Discussion with KDOT for finalizing the pilots Preparation of detailed pilot project plan Report Presentation and Refinement LOCATION ON SITE DURATION 7 DAYS PARTICIPANTS TCS / KDOT OUTCOME Review of draft reports and Presentation of final report This phase will consist of the following activities. Presentation of draft study report and technology recommendation reports. Review of draft reports by KDOT. Refinement of reports and closure of all review comments by TCS. Final presentation of reports and pilot project plans. PROJECT MANAGEMENT Project Reporting The TCS project leader will send weekly status reports to the KDOT project manager. This report will provide the current status of activities and the plan for the following week. It will include any relevant issues or concerns that have been discovered during the week. Project Reviews A review meeting will be held at the end of each phase. The current status of the project will be reported and plans for the following phase will be presented. All deliverables from TCS will be reviewed internally to ensure they meet our Quality Management program. Only deliverables that meet these standards will be delivered to KDOT. Upon receipt, KDOT will review all deliverables. TCS will close the review comments sent by KDOT. Project Monitoring Project monitoring will be accomplished through the review meetings. Review meetings include TCS project team members, the KDOT project manager, and the TCS project leader. The status of work, schedule, and any issues/concerns will be monitored and discussed by the KDOT and TCS management. TIMELINE TCS proposes an eight (8) week timeline for this engagement. Milestones and events are presented in the Gantt chart on the following page and to be modified by the actual start date.
  11. 11. Contract Number 07869 Page 11
  12. 12. PROJECT COST For the engagement of executing the Bar Coding/RFID Applications Solution Study, TCS proposes a fixed price fee in the amount of $78,000 (SEVENTY EIGHT THOUSAND DOLLARS) This price excludes the following: • Applicable taxes • Cost of time incurred by key executives and employees of the Kansas Department of Transportation PAYMENT SCHEDULE Invoices will be issued upon completion of the respective milestones, as indicated below. MILESTONE % OF TOTAL FEE PAYABLE Delivery and Presentation of work-in 30% $23,400.00 progress Study Report after Functional Requirements study phase Presentation of Draft Study Report and 40% $31,200.00 Technology Recommendation Report Presentation of Final Study Report and 30% $23,400.00 Technology Recommendation Report Separate invoices will be issues for any additional applicable charges. KDOT will make all payments in full against invoices issued by TCS in accordance with Kansas Prompt Payment Act.
  13. 13. Contract Number 07869 Page 13 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 _____ 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 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."