Doc ID No: PON2 523 1600002481 version 1 Page: 1 of 12 Commonwealth of Kentucky IMPORTANT CONTRACT Show Doc ID number on all packages, invoices and correspondence. Doc Description: Ronald Boyd - Aikido Control Training (ACT) Doc ID No: PON2 523 1600002481 1 Procurement Folder: 4237844 Procurement Type: Personal Service Contract Record Date: FAP111-43-00-03-STD JAMIE GOINS Issued By: Cited Authority: Telephone: C O N T R A C T O R Ronald Boyd 100 Lewis Drive Richmond US KY 40475 Effective From: 07/01/2016 Line 1 CL Description Effective To: 06/30/2018 Due Date Quantity Aikido Control Training (ACT) Unit Issue 0.00 Unit Price 0.00000 Contract Amt 8,000.00 Total Price 8,000.00 Extended Description This contract is for the Second Party to provide the services of Aikido Controled Training (ACT) to the Department of Juvenile Justice. Included are materials and curriculun for ACT Phase I - Initial, ACT Phase II - Training of Trainer (TOT), ACT Phase III - Master, and ACT Basic prgram modules. This Commodity Line is for FY'17. B I L L T O 360639 JUST JJ FISCAL BRANCH 1025 CAPITAL CENTER DRIVE FRANKFORT US Effective From: 07/01/2016 Line 2 CL Description Aikido Control Training (ACT) S H I P BLDG #3 - 3RD F T O KY 40601 Effective To: Due Date 06/30/2018 Quantity 0.00 Unit Issue Unit Price 0.00000 Contract Amt 8,000.00 Extended Description This contract is for the Second Party to provide the services of Aikido Controled Training (ACT) to the Department of Juvenile Justice. Included are materials and curriculun for ACT Phase I - Initial, ACT Phase II - Training of Trainer (TOT), ACT Phase III - Master, and ACT Basic prgram modules. This Commodity Line is for FY'18. Total Price 8,000.00 Doc ID No: PON2 523 1600002481 version 1 B I L L T O 360639 JUST JJ FISCAL BRANCH 1025 CAPITAL CENTER DRIVE FRANKFORT US BLDG #3 - 3RD F KY 40601 Page: 2 of 12 S H I P T O Total Order Amount: 16,000.00 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 3 of 12 PERSONAL SERVICE CONTRACT FOR Nurse Practitioner Services BETWEEN THE COMMONWEALTH OF KENTUCKY Justice and Public Safety Cabinet Department of Juvenile Justice AND Ronald G. Boyd 100 Lewis Drive Richmond, KY 40475 This Personal Service Contract (PSC) is entered into, by and between the Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Juvenile Justice (“the Commonwealth”) and Ronald G. Boyd to establish a Contract for Aikido Control Training (ACT). This PSC is effective July 1, 2016 and expires June 30, 2018. The Commonwealth and Contractor agree to the following: I. Scope of Contract The Second Party (the Contractor) will perform the following services 1. Second Party shall allow the Department of Juvenile Justice to use all materials and curriculum for ACT Phase I – Initial, ACT Phase II Training of Trainer (TOT), ACT Phase III – Master, and ACT Basic program modules. 2. Second Party shall perform one (1) ACT Phase I Review and Evaluation and one (1) ACT Phase II Review and Evaluation annually. Both are to be performed on site. 3. Second Party shall deliver within fourteen (14) days after completion of training an evaluation report for each program. The report shall include recommendations for maintaining standard required by ACT. 4. Second Party shall perform an annual Re-Certification Training for ACT Phase III – Masters each spring. II. Contract Components and Order of Precedence The Commonwealth’s acceptance of the Contractor’s offer in response to the Solicitation, indicated by the issuance of a Contract Award shall create a valid Contract between the Parties consisting of the following: 1600002481 # # # # # # Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 4 of 12 Any written Agreement between the Parties; Any Addenda to the Solicitation; The Solicitation and all attachments thereto; including PSC Standard Terms and Conditions; Any Best and Final Offer; Any clarifications concerning the Contractor’s proposal in response to the Solicitation; The Contractor’s proposal in response to the Solicitation. In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above. III. Negotiated Items Not Applicable. IV. Pricing The Contractor’s fee shall not exceed a total of $16,000. This fee includes the use of all ACT curriculum, ACT Staff evaluation and Evaluation Reports, all travel, meals, lodging and miscellaneous expenses associated with the on-site evaluations. Second Party must provide an itemized list of all disbursements to be reimbursed by the state for each matter invoiced and the total charged for that matter. Detailed invoices and supporting documentation are to be sent to the Department rd of Juvenile Justice, 1025 Capital Center Drive, 3 Floor, Frankfort, Kentucky 40601, attention Fiscal Branch. V. Personal Service Contract Standard Terms and Conditions Whereas, the first party, the state agency, has concluded that either state personnel are not available to perform said function, or it would not be feasible to utilize state personnel to perform said function; and Whereas, the second party, the contractor, is available and qualified to perform such function; and Whereas, for the abovementioned reasons, the state agency desires to avail itself of the services of the second party; NOW THEREFORE, the following terms and conditions are applicable to this contract: Effective Date: This agreement is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the contract and until the contract has been submitted to the Legislative Research Commission, Government Contract Review Committee (“LRC”). 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 5 of 12 Payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after government contract review committee disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary. Renewals: Upon expiration of the initial term, the contract may be renewed in accordance with the terms and conditions in the original solicitation. Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet or his authorized designee and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705, and contingent upon available funding. LRC Policies: Pursuant to KRS 45A.725, LRC has established policies which govern rates payable for certain professional services. These are located on the LRC webpage (http://www.lrc.ky.gov/Statcomm/ Contracts/homepage.htm) and would impact any contract established under KRS 45A.690 et seq., where applicable. Choice of Law and Forum: All questions as to the execution, validity, interpretation, construction and performance of this agreement shall be governed by the laws of the Commonwealth of Kentucky. Furthermore, the parties hereto agree that any legal action which is brought on the basis of this agreement shall be filed in the Franklin County Circuit Court of the Commonwealth of Kentucky. Cancellation: The state agency shall have the right to terminate and cancel this agreement at any time not to exceed thirty (30) days' written notice served on the contractor by registered or certified mail. Funding Out Provision: The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the contractor thirty (30) calendar days written notice of termination of the contract. Reduction in Contract Worker Hours The Kentucky General Assembly may allow for a reduction in contract worker hours in conjunction with a budget balancing measure for some professional and non-professional service contracts. If under such authority the agency is required by Executive Order or otherwise to reduce contract hours, the contract will be reduced by the amount specified in that document. Authorized to do Business in Kentucky: The contractor affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded. The Contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this Contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. Registration with the Secretary of State by a Foreign Entity. Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 6 of 12 (“certificate”) from the Secretary of State under KRS 14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070. For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed nonresponsive or the awarded contract shall be cancelled. Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx . Invoices for fees: The contractor shall maintain supporting documents to substantiate invoices and shall furnish same if required by state government. Pursuant to KRS 45A.695, no payment shall be made on any personal service contract unless the individual, firm, partnership, or corporation awarded the personal service contract submits its invoice for payment on a form established by the committee. *Invoice form is available on the Legislative Research Commission, Government Contract Review Committee website: http://www.lrc.ky.gov/Statcomm/Contracts/homepage.htm Travel expenses, if authorized: The contractor shall be paid for no travel expenses unless and except as specifically authorized by the specifications of the contract. Other expenses, if authorized herein: The contractor shall be reimbursed for no other expenses of any kind, unless and except as specifically authorized within the specifications of the contract. If the reimbursement of such expenses is authorized, the reimbursement shall be only on an out-of-pocket basis. Request for payment of same shall be processed upon receipt from the contractor of valid, itemized statements submitted periodically for payment at the time any fees are due. The contractor shall maintain supporting documents that substantiate every claim for expenses and shall furnish same if requested by state government. # # # Invoicing for fee: the contractor's fee shall be original invoice(s) and shall be documented by the contractor. The invoice(s) must conform to the method described in the specifications of the contract. Invoicing for travel expenses: the contractor must follow instructions described in the specifications of the contract. Either original or certified copies of receipts must be submitted for airline tickets, motel bills, restaurant charges, rental car charges, and any other miscellaneous expenses. Invoicing for miscellaneous expenses: the contractor must follow instructions prescribed in the specifications of the contract. Expenses submitted shall be documented by original or certified copies. Purchasing and specifications: The contractor certifies that he will not attempt in any manner to influence any specifications to be restrictive in any way or respect nor will he attempt in any way to influence any purchasing of services, commodities or equipment by the Commonwealth of Kentucky. For the purpose of this paragraph and the following paragraph that pertains to conflict-of interest laws and principles, "he" is construed to mean 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 7 of 12 "they" if more than one person is involved and if a firm, partnership, corporation, or other organization is involved, then "he" is construed to mean any person with an interest therein. Conflict-of-interest laws and principles: The contractor certifies that he is legally entitled to enter into this contract with the Commonwealth of Kentucky, and by holding and performing this contract will not be violating either any conflict of interest statute (KRS 45A.330-45A.340, 45A.990, 164.390), or KRS 11A.040 of the executive branch code of ethics, relating to the employment of former public servants. Campaign finance: The contractor certifies that neither he/she nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of this contract, has contributed more than the amount specified in KRS 121.056(2), to the campaign of the gubernatorial candidate elected at the election last preceding the date of this contract. The contractor further swears under the penalty of perjury, as provided by KRS 523.020, that neither he/she nor the company which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the company which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth. Access to Records: The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary's Order 11-004. Protest Pursuant to KRS 45A.285, The Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective Vendors in connection with the solicitation or selection for award of a Master Agreement or Contract. Any actual or prospective Vendor, who is aggrieved in connection with the solicitation or selection for award of a Master Agreement or Contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed to: William M. Landrum III, Secretary Commonwealth of Kentucky Finance and Administration Cabinet Room 383, New Capitol Annex 702 Capitol Avenue Frankfort, KY 40601 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 8 of 12 The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken. The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive. Social security: (check one) _____ the parties are cognizant that the state is not liable for social security contributions pursuant to 42 U.S. Code, section 418, relative to the compensation of the second party for this contract. _____ the parties are cognizant that the state is liable for social security contributions pursuant to 42 U.S. Code, section 418, relative to the compensation of the second party for this contract. Violation of tax and employment laws: KRS 45A.485 requires the contractor to reveal to the Commonwealth, prior to the award of a contract, any final determination of a violation by the contractor within the previous five (5) year period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to the state sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health laws, unemployment insurance laws, and workers compensation insurance laws, respectively. To comply with the provisions of KRS 45A.485, the contractor shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): the KRS violated, the date of the final determination, and the state agency which issued the final determination. KRS 45A.485 also provides that, for the duration of any contract, the contractor shall be in continuous compliance with the provisions of those statutes which apply to the contractor's operations, and that the contractor's failure to reveal a final determination as described above or failure to comply with the above statutes for the duration of the contract, shall be grounds for the Commonwealth's cancellation of the contract and the contractor's disqualification from eligibility for future state contracts for a period of two (2) years. Contractor must check one: _____ The contractor has not violated any of the provisions of the above statutes within the previous five (5) year period. ______ the contractor has violated the provisions of one or more of the above statutes within the previous five (5) year period and has revealed such final determination(s) of violation(s). A list of such determination(s) is attached. Discrimination: Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 9 of 12 include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. VI. Approvals 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) This contract is subject to the terms and conditions as stated. By affixing signatures below, the parties agree that electronic approvals may serve as electronic signatures. In addition, the parties verify that they are authorized to bind this agreement between parties and that they accept the terms of the agreement. 1st Party: ______________________________ Signature Title ___________________________ ______________________________ Printed Name Date ___________________________ 2nd Party: ______________________________ Signature Title ___________________________ ______________________________ Printed Name Date ___________________________ Other Party ______________________________ Signature Title ___________________________ ______________________________ Printed Name Date ___________________________ Approved as to form and legality: ___________________________ Attorney Page 10 of 12 Document Phase Document Description Commonwealth of Kentucky Final Ronald Boyd - Aikido Control Training (ACT) Finance and Administration Cabinet 1600002481 Steven L. Beshear Governor OFFICE OF THE SECRETARY Room 383, Capitol Annex 702 Capital Avenue Frankfort, KY 40601-3462 (502) 564-4240 (502) 564-6785 Fax Page 11 of 12 Lori H. Flanery Secretary ! ! " # $ " $ $ $ %$ $ % " & " % ' " $ ! & ! $ " % & $ & " " $ $ " ! ( " $ % $) ! ! " # $ " $ $ $ %$ $ % " & " % ' " $ ! & ! $ ! $ & # " ! $ * ' " $ ! $ " " $ " % & ) ! + ,-./0, + 0-.-1/ $ 2 $ & $ $ $ ! 2 ! & & %$ $ $ ! $ ) & $ # + $ ,3 ./3/ ,3 .-4/ $ 2 $ & $ # ! " $ $ % $ " " ! " ! ) " ! # # $ $ " + ,-./0,# + 0-.-1/# + ,3 ./3/# ,3 .-4/# # 5 6. # & $ # $ $ & % !7 . 8 $ * & ' " $ ! # $ 9: ;< $ & " % ! %$ $ ! $ * & " " $ $ $ " $ & $ " $ ! = * %$ $ $ * % . 8 . $ * & ' " $ ! # $ $ & " % %$ $ ! $ * $ $ ! # " ! $ & * %$ $ %$ $ * . . & * ! > # $ $ 8 $ * & $ ' " $ ! $ & $ " 1600002481 Document Phase Document Description Final Ronald Boyd - Aikido Control Training (ACT) Page 12 of 12 ! $ & $ # ! 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