Computer--Kansas Project Management Methodology Certification

CONTRACT RENEWAL

Date of Renewal: December 15, 2008

Contract Number: 10550

PR Number: 014667

Procurement Officer: Tami SherleyTelephone: 785-296-3122E-Mail Address: [email protected] Address: http://www.da.ks.gov/purch/

Item: Training, Project Management

Agency: Department of Administration, DISCLocation(s): Topeka, Kansas

Period of Contract: January 1, 2010 through December 31, 2010(With the option to renew for three (3) additional one (1) year periods)

Contractor: The Mathis Group, Inc.106 Lakeview WoodsEureka, Missouri 63025Toll Free Telephone: 800-224-3731Local Telephone: 636-938-5292Fax: 636-938-5292FEIN: 43-1948679Contact Person: Dr. Keith Mathisemail: [email protected]

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.

Conditions:

This renewal is made in accordance with the “Term of Contract Clause” contained in the original contract dated October 26, 1999 and any addenda issued thereafter. Approval of this renewal has been expressed by the contractor and the Director of Purchases for the State of Kansas.

All terms, prices and conditions of the original contract as amended shall remain in effect.

mailto:[email protected]

CONTRACT RENEWAL / ADDENDUM

Date of Renewal: December 15, 2008


PR Number: 014667

Procurement Officer: Robert J. SachsTelephone: 785-296-2770E-Mail Address: [email protected] Address: http://www.da.ks.gov/purch/

Item: Kansas Project Management Methodology Certification Training


Period of Contract: January 1, 2009 through December 31, 2009(With the option to renew for four (4) additional one (1) year periods)





Conditions:

1. This renewal is made in accordance with the Term of Contract Clause” contained in the original contract dated January 16, 2008 and any addenda issued thereafter. Approval of this renewal has been expressed by the contractor and the Director of Purchases for the State of Kansas.

All terms, prices and conditions of the original contract as amended shall remain in effect.

2. The renewal shall be only for that portion of the Contract which addresses the Project Management Training Classes and the Ad Hoc Classes. The Project Management Consulting and Auditing Services portion of Contract 10550 will be transferred to become Group 5 of the State’s Master Information Technology Services Contract (MITSC) #10713.


ADDENDUM

October 13, 2008

Addendum Number: 2


PR Number: 014667

Procurement Officer: Robert J. SachsTelephone: 785-296-2770Fax: 785-296-7240E-Mail Address: [email protected]



Period of Contract: Date of Award through December 31, 2008(With the option to renew for six (6) additional one (1) year periods)

Contractor: Adams-Gabbert & Associates, LLCThe Mathis Group, Inc.The Persimmon Group, LLC

Conditions:

This contract is available to local units of government. However, students attending classes sponsored, ordered, or arranged by local units of government without the involvement of the Enterprise Project Management Office (EPMO) of the Kansas Information Technology Office (KITO) are ineligible for certification as Kansas Certified Project Managers. Kansas PMM certification is attainable only through classes provided by, arranged by, and sponsored by the KITO EPMO.

There are no other changes at this time.


ADDENDUM

February 21, 2008

Addendum Number: 1


PR Number: 014667

Procurement Officer: Robert J. SachsTelephone: 785-296-2770Fax: 785-296-7240E-Mail Address: [email protected]




Contractor: Adams-Gabbert & Associates, LLCThe Mathis Group, Inc.The Persimmon Group, LLC

Conditions:

Agencies may place orders or execute contracts for awarded services directly with the awarded vendors, or may compete Task Orders amongst the vendors. However, all acquisitions made under the Contract shall be copied to the EPMO both by the vendor and by the agency.

Enterprise Project Management Office (EPMO)900 S.W. Jackson StreetLandon State Office BuildingRoom 751 South Topeka, KS 66612-1258

There are no other changes at this time.


CONTRACT AWARD

Date of Award: January 16, 2008


PR Number: 014667

Replaces Contract: 07572

Procurement Officer: Robert J. SachsTelephone: 785-296-2770E-Mail Address: [email protected] Address: http://www.da.ks.gov/purch/




Contractor: See attached for vendors

Prices: See attached

Payment Terms: Net 30

Political Subdivisions: See attached

Procurement Cards: See attached


Contract Number 10550Page 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. The contract document;d. The above referenced Request for Proposal (RFP) including any addenda;e. Contractors response including any addenda, appendices and exhibits.

Contract Documents: This Request and any amendments and the response and any amendments of the Contractor shall be incorporated along with the DA-146a into the written contract which shall compose the complete understanding of the parties.

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 and a written contract has been signed by the successful vendor.

Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under this contract without the prior written consent of the State.

This contract may terminate in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of the State.

Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third party.

Jurisdiction: The parties shall bring any and all legal proceedings arising under this Contract in the State of Kansas, District Court of Shawnee County. The United States District Court for the State of Kansas sitting in Topeka, Shawnee County, Kansas, shall be the venue for any federal action or proceeding arising hereunder in which the State is a party. The Eleventh Amendment of the United States Constitution is an inherent and incumbent protection with the State 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. Contractor shall be responsible for all the State’s reasonable attorney’s fees, costs and expenses related to Contractor’s negligence or breach of Contractor’s obligations under the Contract. Contractor waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on Contractor in the manner authorized by applicable law or court rule.

Governing Law: This contract shall be governed by and construed in accordance with the procedural and substantive laws of the State of Kansas.


Federal, State and Local Taxes: Unless otherwise specified, the proposal price shall include all applicable federal, state and local taxes. The successful vendor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Request. The State of Kansas is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the vendor's price quotation.

The State makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor.

Accounts Receivable Set-Off Program: During the course of this contract if the vendor is found to owe a debt to the State of Kansas, agency payments to the vendor may be intercepted / setoff by the State of Kansas. Notice of the setoff action will be provided to the vendor. The vendor shall credit the account of the agency making the payment in an amount equal to the funds intercepted.

K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas owes vendors against debts owed by the vendors to the State of Kansas. Payments setoff in this manner constitute lawful payment for services or goods received. The vendor benefits fully from the payment because its obligation to the State is reduced by the amount subject to setoff.

Indefinite Quantity Contract: This Request is for an open-ended contract between a vendor and the State to furnish an undetermined quantity of a good or service in a given period of time. The quantities ordered will be those actually required during the contract period, and the Contractor will deliver only such quantities as may be ordered. No guarantee of volume is made. An estimated quantity based on past history or other means may be used as a guide.

Payment: Payment Terms are Net 30 days. Payment date and receipt of order date shall be based upon K.S.A. 75-6403(b). This Statute requires state agencies to pay the full amount due for goods or services on or before the 30th calendar day after the date the agency receives such goods or services or the bill for the goods and services, whichever is later, unless other provisions for payment are agreed to in writing by the vendor and the state agency. NOTE: If the 30th calendar day noted above falls on a Saturday, Sunday, or legal holiday, the following workday will become the required payment date.

Payments shall not be made for costs or items not listed in the vendor's response.

Data: Any and all data required to be provided at any time during the bid process or contract term shall be made available in a format as requested and/or approved by the State.

Software Code and Intellectual Property Rights:

a. All original software and software code and intellectual property developed or created by the Contractor in the performance of its obligations under this Contract, shall become the sole property of the State of Kansas. The Contractor will surrender all original written materials, including any reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically or magnetically recorded material, used to develop this software and/or software code and related intellectual property to the state entity for which it was developed.

b. All rights inherent to property ownership, such as, but not limited to copyrights, trademarks, and patents shall be vested solely with the State.

c. The work product ownership provisions of any subcontract or any Task Order issued pursuant to this Contract shall be substantially similar to the provisions of this section

Ownership: All data, forms, procedures, software, manuals, system descriptions and work flows developed or accumulated by the Contractor under this contract shall be owned by the using agency. The Contractor may not release any materials without the written approval of the using agency.


SPECIFICATIONS

I. Background and Scope

The State of Kansas has created and adopted a specific Project Management Methodology (PMM). This contract is for the delivery of a course of study that provides state personnel and other interested persons with familiarization and training in the project management principles and techniques set forth in the methodology. The primary course of study will be taught in three one-week courses. In addition to the primary course of study, the contract is requesting additional services for ad hoc courses, PM consulting, and auditing services.

The main objective of the program is to thoroughly familiarize the class participants with the Kansas Project Management Methodology. The vendor shall teach from the Kansas Project Management Methodology Manual and cover at least the following project phases and topics when delivering the courses: Concept, Planning, Startup, Execution, and Close-out. In addition, the vendor shall incorporate topics of communication, selection, staffing, performance evaluation, and time management in the lesson plan.

II. Introduction/Certification Courses

Breakdown of the courses: PMM I: Overview to Project Management Methodology (5 days) PMM II: Certification Project Management Methodology (5 days) PMM III: Certification Project Management Methodology (5 days)

Overview (PMM I) is a 5-day class that will address an overview of project management methodology, project roles, methodology phases, project concept, and project planning. This 5 day class involves a class project. No technical expertise is required. . See Attachment A.

Certification (PMM II) will include defining project plans (communication, quality, and configuration management), risk management, working with the project steering committee, and cost management. Participants will learn to create a work break down structure (WBS)/Gantt chart and understand how tools such as Microsoft Project aid in planning and managing a project. Practice on these principles will be in a group environment working on realistic project plans. No technical expertise is required. Successful completion of EPMO sanctioned PMM I is a prerequisite. See Attachment A.

Certification (PMM III) includes developing a project team, managing change, leading a project team, evaluating the work of team members, and executing quality assurance and quality control. Students complete a certification exam. PMM I and II are prerequisites for certification. Successful completion of EPMO sanctioned PMM I and II is a prerequisite. See Attachment A.

The successful contractor should be aware that it is likely the PMM manual will be revised periodically during the course of this contract.

Certification - In order to achieve State of Kansas Certification, students must complete PMM I, II, and III within 1 year of starting the program. No students are allowed to “test out” of any course. Students must pass the certification exam administered by the contractor at the end of PMM III.

The certification exam shall be administered as a closed book exam. Twenty percent (20%) of exam questions will change each time the test is administered. Only questions pertaining to the project management methodology are allowed. A copy of each revision of the proposed exam must be submitted for review and approval by the Enterprise Project Management Office (EPMO) prior to being administered.

Upon completion of the course, the contractor shall recommend students who have successfully completed the course for certification. Successful completion of the program shall allow participants to be designated as certified in the methodology and listed on the Kansas Registry for Methodology Certified IT Project Managers.


The sessions will be classroom style. The classes are held at designated locations in Kansas. The classes will have a minimum of eight (8) and a maximum of twenty (20) participants. The courses will be taught from the Kansas Project Management Methodology Manual developed by the State of Kansas.

These classes will be scheduled by the State of Kansas notifying the Contractor thirty (30) business days in advance of scheduled class dates. Notification will be given to the Contractor fifteen (15) business days in advance for cancelled classes.

PMM I can be taught by a different instructor than PMM II and PMM III. However, PMM II and III shall be taught by the same instructor and all instructors teaching classes shall be pre approved by EPMO before teaching classes. A copy of all student study guides, presentations slides, related materials and subsequent revisions given to students must also be submitted for review and approval by the Enterprise Project Management Office (EPMO) prior to class.

III. Additional PMM Courses

The contractor will be providing Additional PMM courses. The following list is not all-inclusive.

Breakdown of the courses: Executive Overview Microsoft Project Training – Beginning/Advanced/Workshop Risk Management PMM Refresher Requirements Gathering Workshop Aspects of Project Controls Requirements Management Workshop Use Case Modeling and Workshop Vendor Management

The Executive Overview session is a high level overview of project management methodology, project roles, methodology phases, project concept, and project planning. Multiple half-day Executive Overview sessions will be made available to directors and other potential members of project steering committees.

Microsoft Project Training – Beginning/Advanced/Workshop is a 3-day class that will provide project managers with the flexibility to collaboratively plan and track projects using Microsoft Project. The 3rd day is a workshop for students who have additional questions or problems about their project plan. Participants will interactively discuss examples or project plans, tips on auditing project plans, and how to work with a vendor developed project plan. See Attachment B.

The Microsoft Project Training will be held in a computer lab provided by the State of Kansas. The Executive Overview and all other courses offered will be classroom style classes. The classes are held at designated locations in Kansas.

Detailed descriptions of other classes offered can be viewed on our training website located at:

http://www.da.ks.gov/kito/PMMSchedule.htm

Classes will have a minimum of eight (8) and a maximum of twenty (20) participants. All courses will be based on the Kansas Project Management Methodology Manual developed by the State of Kansas as applicable.

Additional PMM courses will be scheduled by the State of Kansas notifying the contractor forty five (45) business days in advance of scheduled course dates. Notification will be given to the Contractor fifteen (15) business days in advance for cancelled classes.

http://www.da.ks.gov/kito/PMMSchedule.htm


IV. Future Initiatives

A future direction would be to structure a training program that will establish a curriculum pathway where each class will build upon the Project Management Body Of Knowledge (PMBOK). The curriculum pathway established will support students to work toward a Project Management Professional (PMP) certification.

V. Additional PM Related ServicesThe State of Kansas IT projects over $250,000 are required to follow the State of Kansas Project Management Methodology reporting process. Due to obvious skills overlap that will exist, the contractor will be well qualified to offer services in this area.

Ad Hoc Courses: Courses that do not exist today and may be needed in the future will be arranged by a task order.

PM Consulting: It has been found that at times project managers need advisory assistance in managing IT projects and meeting the reporting requirements. To assist project managers, the State of Kansas is seeking PMM consulting services. Knowledge of the State of Kansas Project Management Methodology is preferred.

Auditing Services: IT Projects are subject to independent audits. To perform these independent audits, the State of Kansas would like expertise in Project Management auditing.

VI. General Provisions

The State of Kansas has developed an evaluation tool that measures the effectiveness of reaching established course objectives. A 1-to-5 grading scale will be used. The vendor is expected to score an average of at least 4.0. The contract with the awarded vendor will be subject to cancellation or suspension at any time based on poor performance as perceived by the State of Kansas. The State anticipates training approximately 100 professionals over the course of a year.

For each class, the State will be responsible for providing the training room, computer lab, participant copies of the Kansas Project Management Methodology manual, and general classroom supplies. The vendor will be responsible for laptop computer and instructional support software (For example, PowerPoint) used by the instructor(s) to present the classes.

In addition to Sections I through V the vendor will agree to the following conditions: Kansas Information Technology Office (KITO) staff may audit any class at no charge. Meeting with students after the presentation of course materials, if desired by students The vendor will follow all room policies currently in force at the various locations where

classes are held. The vendor will check in and out with each host building where classes are held to ensure room policies have been followed.

The agency and vendor shall send a copy of any task order executed under this contract to the EPMO.

Term of Contract: The term of this contract is from the date of award through December 31, 2008 with six (6) additional one (1) year renewal(s) by written agreement of the parties.

Prices: Prices shall remain firm for years 1 through 3. Prices quoted shall be net delivered, including all trade, quantity and cash discounts. Any price reductions available during the contract period shall be offered to the State of Kansas. Failure to provide available price reductions may result in termination of the contract.

On the yearly anniversary date of this contract, beginning in year 4 through year 7, costs may remain at the price bid or a request for adjustment may be made, either upward or downward, limited to the Consumer Price Index (CPI). If another index is proposed, please provide detail and explain why this index is preferred. The contractor shall furnish documentation at least 30 days prior to the expiration date to substantiate any claim for increase. Prices increases shall not exceed five percent (5%) of the existing contract. The State of Kansas reserves the right to accept, amend or deny any such price increase. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be re-bid.


Non State Entities: This contract is created so Kansas state agencies can acquire the services described. Kansas statutes provide authority for local sub-units of Kansas government to also acquire services through state contracts, at the vendor’s option. For this contract, vendors are asked to indicate whether they will also provide the same contracted services to other non-state entities in the public and private sectors.


Overview—PMM I

Intended audience is for agency managers, project leaders, and team members that are not seeking certification and would like an overview of the Project Management Methodology, as well as personnel intending to go on in the curriculum (PMM II and III) and seek certification. In PMM I, the participant will learn the tools, language, and techniques essential to every team member.

COURSE DESCRIPTIONCoursework consists of 40 classroom hours (5-days) of concepts and techniques. The course is designed to provide an understanding of project concepts, roles and responsibilities, planning process and project phases. Lecture, classroom exercises, and case studies are used to cover the course topics.

INTRODUCTION OBJECTIVES Introduce the State of Kansas Project Management Methodology Identify project-related roles and their respective responsibilities Provide an overview of the planning process in terms of project budgeting, scheduling, and mitigation

plans for risk, issue, change, and quality management Understand the components used to create a detailed project plan including:

• Project budget • Project organization chart• Work breakdown structure • Milestones and deliverables• Risk management plans • Issue management plans• Configuration and change management plans • Quality management plans

Understand how to create a critical path of project tasks including predecessor and successor relationships

Describe and discuss inputs and deliverables for each of the PMM phases Understand the process of tailoring the methodology for each agency and for each project Describe and discuss the ITEC policies and related statutes

Certification—PMM II, and III

In PMM II and III, the participant will learn to lead multimillion-dollar projects from start to successful completion. For certification as a Kansas IT Project Manager the participant must successfully complete PMM I, II, and III.

COURSE DESCRIPTIONUpon completion of PMM I, participants can continue coursework that consists of 80 classroom hours (two business weeks) and includes proof of competencies in project management knowledge areas, processes, and practices. The course is designed to introduce the principles of project management as set forth in the “Kansas Project Management Methodology.” Information presented in PMM II and III is closely tied; therefore, it is recommended they be taken together. The 120-classroom hour (PMM I, II, III), time-intensive certification course consists of eight hours each day in class, with an estimated one to two hours of additional reading and study time per day.

CERTIFICATION OBJECTIVES Understand basic steps for development of a project plan Learn control techniques for tracking and reporting costs, scope, and performance Learn to define, document, and manage project goals Learn risk management processes Learn requirements gathering techniques Gain familiarity with feasibility study requirements Learn basics of configuration management which includes change management, version control, and

issue control Practice these principles in a group environment working on realistic project plans Understand group dynamics in a project team environment and the importance of human factors in

ensuring project success


Microsoft Project Training—Beginning

The participants will learn the basic concepts of using Microsoft (MS) Project. The participant will then plan and track projects using Microsoft (MS) Project.

COURSE DESCRIPTION

Introduction to Microsoft Project is for participants to learn how to use Microsoft Project. Students will enter a project plan into MS Project to create a WBS and Gantt chart and understand how these tools aid in planning and managing a project.

OBJECTIVES

Introduce the participant to the mechanics of Microsoft Project. Create a Project Plan Track and Manage the Plan

▪ Set up a project plan ▪ Track the schedule ▪ Enter a task list ▪ Track the work▪ Schedule tasks▪ Assign resources▪ Enter Costs▪ View the schedule using the Gantt Chart view

TARGET AUDIENCE

The primary audience for this class is for beginning users of MS Project.

Microsoft Project Training—Advanced

COURSE DESCRIPTION

Coursework will provide project managers with the flexibility to collaboratively plan and track projects. Using MS Project, information can be shared with a broader audience in less time. Features within MS Project allow workgroup access to projects and project files. This allows for overall improvements of productivity within an organization.

OBJECTIVES

Understand how to us MS Project to build and track a project plan. Set up and create a project schedule and budget estimate using the Work Breakdown Structure,

resource assignments, and resource leveling Set up and create a baselined project plan for saving and viewing information statistics Enter data for completed single/multiple tasks that started and finished on schedule and track

tasks that are completed late Identify the critical path and slack time of a project Assign resources to single/multiple tasks and create new calendars for tasks, assign costs to

resources and analyze resource allocations Share project information with other applications Resolve resource and time conflicts as well as level resources Perform variance analysis in MS Project Work with views, prepare reports, and set interim plans Work with MS Project in making adjustments to projects and handling multiple projects

TARGET AUDIENCE

The primary audience for this class is for students wanting to learn more functionality and reports.


MS Project Workshop

COURSE DESCRIPTION

The MS Project Workshop is for participants to bring in their project plans developed in MS Project. Consulting will be provided to participants with questions or problems about their project plan. Participants will interactively discuss examples of project plan, tips on auditing project plans, and how to work with a vendor developed project plan.

OBJECTIVES

Discuss examples of project plans Consulting provided to participants regarding their project plans Troubleshoot project plans Discussion of auditing project plans How to review and work with a vendor’s project plan

TARGET AUDIENCE

The primary audience for this class is active Project Managers


Contractor: Adams-Gabbert & Associates, LLC400 SW Longview Blvd., Suite 200Lee’s Summit, Missouri 64081Local Telephone: 816-347-0077Fax: 816-347-0013FEIN: 43-1843688Contact Person: Jo Anne Gabbertemail: [email protected]


Procurement Cards: Agencies may not use State of Kansas Business Procurement Card for purchases from this contract.

PRICING

II. Ad Hoc Classes(Price per session regardless of the number of participants in a session. Pricing includes all expenses incurred by the contractor)

1) Executive Overview (i.e. Secretary-Director-CIO-Legislator)(Minimum 1/2 day) $700.00 per session

2) Executive Overview (i.e. Manager-Steering Committee) (Minimum 1/2 day) $700.00 per session

III. PM Consulting and Auditing Services(Pricing includes all expenses incurred by the contractor)

1) PM Consulting $150.00 per hour

2) Auditing Services $150.00 per hour

A la carte pricing for each of the three (3) categories of services. Pricing is inclusive of travel, lodging and course materials cost.

Audit / Consulting services—hourly rates for different levels of Adams-Gabert resources are as follows:

Resource Level Hourly RateBusiness Analyst $95.00Senior Business Analyst $105.00Project Manager $125.00Senior Project Manager $150.00Director $175.00Project Executive (VP and above) $225.00






PRICING

I, PM Training Classes

Pricing includes all expenses incurred by the contractor. The classes will have a minimum of eight (8) and a maximum of twenty (20) participants.

Price for the following classes per person per day:

1) PMM I: Overview to Project Management Methodology (5 days) $88.63

2) PMM II: Certification Project Management Methodology (5 days) $88.63

3) PMM III: Certification Project Management Methodology (5 days) $88.63

4) Other classes that the State of Kansas designates $88.63(List not all inclusive) Microsoft Project Training—Beginning/Advanced/Workshop Risk Management PMM Refresher Requirements Gathering Workshop Aspects of Project Control Requirements Management Workshop Use Case Modeling Vendor Management

II. Ad Hoc ClassesPrice per session regardless of the number of participants in a session: (Pricing includes all expenses incurred by the contractor)

1) Executive Overview (i.e. Secretary-Director-CIO-Legislator) (Minimum 1/2 day) $2,500.00

2) Executive Overview (i.e. Manager-Steering Committee) (Minimum 1/2 day) $2,500.00

III. PM Consulting and Auditing ServicesPrice the PM Consulting and Auditing Services per hour: (Pricing includes all expenses incurred by the contractor)

1) PM Consulting $235.00

2) Auditing Services $235.00

Curriculum Design per course (Curriculum will be written and the State of Kansas owns all rights) Fixed Rate1 Day course with teacher book, student book and power points $3,000.002 Day course with teacher book, student book and power points $4,000.003 Day course with teacher book, student book and power points $5,000.00PMP Exam Bootcamp 4 Days, 35 contact hours / PDU (per person) $1,450.00



Contractor: The Persimmon Group, LLC1701 S. Newport AvenueTulsa, Oklahoma 74120Local Telephone: 918-592-4121Cell: 918-608-4533Fax: 918-584-1425FEIN: 83-0415597Contact Person: William Fornetemail: [email protected]


Procurement Cards: Agencies may not use State of Kansas Business Procurement Card for purchases from this contract.

PRICING

II. Ad Hoc ClassesPrice per session regardless of the number of participants in a session: (Pricing includes all expenses incurred by the contractor)

1) Executive Overview (i.e. Secretary-Director-CIO-Legislator) (Minimum 1/2 day)1/2 Day $1,200.00Full Day $2,000.00

If printed materials are required, they will range from $2.00 to $10.00, based on amount of materials. This cost will be approved by the EPMO prior to the session.

2) Executive Overview (i.e. Manager-Steering Committee) (Minimum 1/2 day)1/2 Day $1,200.00Full Day $,2000.00

If printed materials are required, they will range from $2.00 to $10.00, based on amount of materials. This cost will be approved by the EPMO prior to the session.

III. PM Consulting and Auditing ServicesPrice the PM Consulting and Auditing Services per hour: (Pricing includes all expenses incurred by the contractor)

1) PM Consulting On-site $225.00 / hourOff-site $200.00 / hourCoaching (off-site) $200.00 / hour

These will be billed in 15 minute increments

2) Auditing Services On-site $225.00 / hourOff-site $200.00 / hour

These will be billed in 15 minute increments



State of KansasDepartment of AdministrationDA-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."