BPM007053 Requirements Amendment 2.pdf

RFGA Number: BPM007053

RFGA Due Date / Time: September 3, 2025 at 3:00 PM, MST

Submittal Location: Submit via Arizona Procurement Portal (APP) https://app.az.gov Exception: See Special Instructions to Applicants, Section One (1) and Instructions, Section Four (4).

Description of Procurement: Arizona Farm to School Assistance and Services

Pre-Application Conference Webinar Date and Time: August 4, 2025 at 10:00 AM, MST https://azed-gov.zoom.us/webinar/register/WN_fkY-rpJ2TTaS52wPTCOweQ

In accordance with A.R.S. § 41-2702, Solicitation and Award of Grant Applications, competitive sealed applications for the services specified will be received by the Arizona Department of Education (ADE) in the State of Arizona’s online procurement system, Arizona Procurement Portal (APP) https://app.az.gov. S e e S p e c i a l I n s t r u c t i o n s t o A p p l i c a n t s , S e c t i o n o n e ( 1 ) a n d I n s t r u c t i o n s , S e c t i o n F o u r ( 4 ) f o r d e t a i l e d Exception. Applications received by the due date and time will be opened. The name of each Applicant will be publicly available. Applications must be submitted on or prior to the date and time indicated. Late Applications will not be considered. It is the responsibility of the supplier/offeror to routinely check the ADE website for Solicitation Amendments. Additional instructions for preparing an Application are included in this solicitation.

With seventy-two (72) hours prior notice, persons with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility. Such requests are to be addressed to the Solicitation contact person named below.

APPLICANTS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE RFGA.

Grant Solicitation Contact Person:

LeAnn Wong

Name 602.542.3570

Telephone leann.wong@azed.gov Email Address https://app.az.gov/ https://azed-gov.zoom.us/webinar/register/WN_fkY-rpJ2TTaS52wPTCOweQ https://app.az.gov/ mailto:leann.wong@azed.gov

TABLE OF CONTENTS

RFGA NO. BPM007053

Title Page

COVER PAGE

TABLE OF CONTENTS

INTRODUCTION

INSTRUCTIONS

SPECIAL INSTRUCTIONS TO APPLICANTS

HOW TO PREPARE AND SUBMIT APPLICATION

TERMS AND CONDITIONS

SCOPE OF WORK

INTRODUCTION

1. Statement of Purpose

1.1 The Arizona Department of Education (ADE) issues this Request for Grant Application (RFGA) Solicitation to subaward its Farm to School State Agency Formula Grant. The Farm to School State Agency Formula Grant was provided to ADE, the state agency in Arizona administering the National School Lunch Program (NSLP), pursuant to Section 1001 of the American Rescue Plan Act (P.L. 117-2) and as detailed in FNS Memorandum

SP 17-2022.

2. What is the Funding Source for this Grant?

2.1 Section 1001 of the American Rescue Plan Act, Public Law 117-2.

2.2 This project has been funded at least in part with Federal funds from the U.S. Department of Agriculture (USDA). The contents of this publication do not necessarily reflect the view or policies of the U.S.

Department of Agriculture, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

3. What are the Program Goals?

3.1 The Farm to School Program aims to connect schools and early care and education institutions with local farmers and food producers to serve fresh, locally grown food in school meals while providing students with education about agriculture, nutrition, and where their food comes from. It includes activities like school gardens, farm visits, and cooking classes, aimed at improving student health, supporting local economies, and promoting hands-on learning. It includes connecting farmers, growers, ranchers, and fishers, along with other actors in the food supply chain, with those who are purchasing food for use in meals served in schools and early care institutions. By integrating local food into school cafeterias and curricula, Farm to School encourages strong connections between students, communities, and local food systems.

The importance of the Farm to School infrastructure to supply chain resiliency became evident during the supply chain disruptions related to the COVID-19 pandemic. School food authorities and State agencies with strong Farm to School practices already in place were better able to adapt to the disruptions.

Funding for Farm to School services for the purpose of this RFGA will be awarded to experienced private and public organizations with capability and the capacity to expand Farm to School activities in Arizona particularly in areas where these activities are less accessible for children participating in USDA Child Nutrition Programs including the National School Lunch Program (NSLP) and the Child and Adult Care Food Program (CACFP).

ADE will use its Farm to Child Nutrition Program Strategic Plan informed by stakeholder input and data to bring additional focus to the work at-hand and ahead using the following priority areas:

1. Enhancement of the local purchasing capacity of child nutrition program (CNP) operators

2. Nutrition, agriculture, and food education for CNP recipients

3. Strengthen connections and integration of Farm to School and Early Care and Education activities statewide

These priorities will help ADE address pressing issues currently facing schools, early care institutions, and local food producers across the state, including, but not limited to:

Supporting program participants in overcoming existing barriers to local procurement: Procurement regulations exist and must be adhered to by CNP operators, and challenges arise when attempting to procure menu items locally. Operators need guidance on identifying and connecting with local producers who can meet CNP requirements, support navigating complex federal, state and district procurement rules, and integrating seasonal local products into menus which may involve training on scratch cooking or support with forecasting and availability of local products. Procurement regulations for the child nutrition programs include 7 CFR § 210.32, 7 CFR § 215.14a, 7 CFR § 220.16, 7 CFR § 226.22. The procurement requirements for the State of Arizona are found in the Arizona Revised Statutes Title 41 Chapter 23.

Increasing access to hands-on learning opportunities aimed at improving children’s health: There is an urgent need to address the rise in chronic conditions impacting the immediate health of children and those with the potential to impact long-term development and quality of life. Not only do children require nutritious, high-quality food within their learning environments to grow and thrive, but they also need access to learning opportunities that teach them about food, health, agriculture, and nutrition. Increased nutrition education and food literacy through activities such as school gardens, cooking classes, and farm visits help children understand where food comes from and how to prepare it. This facilitates the development of skills around making positive food choices and lifelong health-promoting habits gained through experiential learning. Garden activities also promote physical activity and connection to nature, which are linked to enhanced mood, focus, and stress reduction. For this reason, there is a critical need to support schools and early childcare institutions in implementing farm to school and farm to ECE activities within classroom environments.

Addressing current challenges preventing farm to school sustainability: Sustaining farm to school programs poses challenges for both schools and local producers. Schools face limited staffing, tight budgets and strict procurement regulations and lack time, training, and infrastructure. Local food producers are challenged to meet the demands, specifically surrounding product quantities, delivery timelines and pricing, and lack the capacity for navigating complex procurement systems. Without dedicated resources and streamlined systems supporting both of the major parties involved in farm to school activities, farm to school initiatives often struggle to move past initial implementation. Strengthening the connection and integration of farm to school statewide can support the growth and expansion of these programs in Arizona.

4. What Will Be Funded With This Grant Application?

• This grant will fund organizations with experience, capability, and capacity to address the priorities set forth in their plans.

• This grant will fund organizations that will provide services or assistance, aligned with the priority areas of this RFGA, to multiple entities (e.g. schools, districts, early childhood institutions, and/or producers throughout Arizona).

• The range of funds to be awarded for a 12-month period for each grant is $100,000 - $200,000 and will be based upon clarity within the budget narrative for the scope of the service/assistance and reasonableness of proposed costs. Services and assistance plans from applicant organizations with the capacity to saturate multiple regions statewide may be eligible for up to $300,000.

5. What Will Not Be Funded With This Grant Application?

5.1 Services or assistance that have a limited reach or that would only benefit a single entity (i.e. one district or school).

5.2 Services or assistance that are not aligned to one of the three priorities outlined within this RFGA.

5.3 Organizations lacking experience providing evidence-based services and assistance to state agencies, schools, early care institutions, or producers under one or more of the pillars of Farm to School.

5.4 Equipment. Equipment is defined as tangible, nonexpendable personal property having a useful life of more than one year and an acquisition cost of $10,000 or more per unit.

5.5 Acquisition of real property (land purchases), or any interest therein.

INSTRUCTIONS

SPECIAL INSTRUCTIONS TO APPLICANTS

1. Application Opening:

Applicants responding to the Application must submit their Application electronically through APP or email (see Section 1.1), by the due date and time. Any application received after the due date and time shall be rejected.

Applications shall be submitted as follows and as applicable:

1.1 State Agency. State Agencies not able to setup a supplier account in APP. Therefore, ONLY State

Agencies are allowed to submit their Application via email to: leann.wong@azed.gov.

1.2 Applicants. All other non-State Agency Applicants shall submit their application via APP. Failure to comply shall result in the Application being rejected if an Application is submitted via email.

1.3 ADE will host a public Application opening after the due date and time. The name of each Applicant will be made publicly available at the Application opening meeting on September 4, 2025, at 10:00 AM, MST via Microsoft Teams at https://teams.microsoft.com/l/meetup-join.

2. Evaluation Criteria:

Applications for the Farm to School Assistance and Services Grants for Arizona will be evaluated using the evaluation criteria listed b el ow w h i c h ar e in the relative order of importance:

2.1 Narrative Response to Scope of Work. This criterion covers the applicant's narrative about the method of approach and conformance to the scope of work. This includes clarity of goals’ alignment to the Priority Areas and the expected reach.

2.2 Experience and Capability. This criterion covers the experience and reliability to perform successfully under the terms and conditions as demonstrated through past performance, evidence-based methods, and personnel expertise. This includes the resumes of Key Personnel.

2.3 Proposed Costs and Budget. This criterion covers the reasonableness of proposed costs and budget proportionality to the reach and expected impact or results. This includes the budget template and budget narrative.

3. Questions:

All questions regarding this solicitation shall be submitted within the APP system no later than seven (7) calendar days prior to the solicitation due date. Any questions related to this solicitation shall be submitted through the Arizona Procurement Portal website using the Discussion Forum associated with this solicitation. The Offeror shall not contact or ask questions of the Department for which the requirement is being procured. Any correspondence related to a solicitation should refer to the appropriate solicitation number, page and paragraph number. Clarification questions should be received at least 7 days before solicitation due date. No questions in the Discussion Forum will be answered after that date.

4. Confidential Information:

If an Applicant believes that their Application contains information that should be withheld, a statement advising the Procurement Officer of this fact and explaining the reasons for confidentiality shall accompany the submission, and the information shall be so identified wherever it appears. The Applicant shall stamp or specifically identify all information believed to be confidential. The information identified by the Applicant as confidential shall not be disclosed until the State Government Administrator (or his/her designee) makes a written determination. The Administrator shall review the statement and information and shall determine in writing https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRkNDU5YTctNDJmZS00NGY3LWE2NWUtYTYyOTFkMmYxMTVm%40thread.v2/0?context=%7b%22Tid%22%3a%2258a5b0cb-441f-42ba-a5a1-8fdfd05a3ffc%22%2c%22Oid%22%3a%22676b6299-3c5d-4bf0-bec7-8c64729e3584%22%7d whether the information shall be withheld. If the Administrator determines the information is not confidential, the Administrator shall inform the Applicant in writing of such determination.

5. Discussion:

The ADE reserves the option to conduct discussions with Applicants. The purpose of these discussions is to provide clarification and to assure full understanding of and responsiveness to the Application requirements regarding the Grant. If discussions are conducted, Applicants will be invited to modify their Applications. The State of Arizona reserves the right to award Grants for less than the proposed amount.

6. Multiple Awards:

In order to assure that any ensuing Grants will allow the State to fulfill current and future needs, the ADE reserves the right to award Grants to multiple Applicants.

7. Collaborative Partnerships:

The State encourages partnerships with other entities and programs within communities. Partnerships and/or collaborative efforts are defined as joint efforts with other entities that could provide additional resources, such as funding, in-kind, direct services, volunteers, and community support. When proposing partnerships, provide letters of agreement or memoranda of understanding describing the roles and responsibilities each partner will assume and signed by appropriate partners.

8. Authorized Signature:

For any document that requires the Applicant’s signature, the signature provided must be that of the Owner, Partner or Corporate Officer duly authorized to sign Grant agreements. Additionally, if requested by ADE, disclosure of ownership information shall be submitted.

a. Privately Owned: The Owner must sign the Grant Application.

b. Partnership: A Partner must sign the Grant Application.

c. Corporation: A duly authorized Corporate Officer must sign the Grant Application.

i. If a person other than these specified individuals signs the Grant Application, a Power of Attorney indicating the employee’s authority must accompany the Grant Application. All addenda to the Grant Application shall be signed by the authorized individual who signed the Grant Application except that they may be signed by a duly authorized designee.

HOW TO PREPARE AND SUBMIT APPLICATION

1. Read and familiarize yourself with all sections of this RFGA.

2. Definition of Terms used in this RFGA:

2.1. “Activities” are day-to-day and periodic things that are accomplished to meet the goal(s). They are usually single-faceted, simply stated and numerous.

2.2. “ADE” means the Arizona Department of Education.

2.3. “Attachment” means a document that must be filled out and included as part of the Grant Application.

2.4. “CNP” means child nutrition programs housed under the Food and Nutrition Service United States Department of Agriculture

2.5. “Department” means the Arizona Department of Education.

2.6. “Exhibit” means a document included only for informational purposes. It is not intended to be submitted as part of the Grant Application.

2.7. “Key personnel” means staff involved in the planning, administration, operation, or monitoring of this Grant.

2.8. "Shall or Must" indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of an Application as non-responsive.

3. Required Application Information. The following shall be submitted concurrent with and as part of the Application:

3.1. The Application is provided in an electronic format. One electronic copy of the Application shall be submitted through the Arizona Procurement Portal (APP) system in an acceptable format. Acceptable formats include .doc (Microsoft Word 2000, XP, or 2003) and .pdf (Adobe Acrobat portable documents format). Submission of Applications by means other than the APP system will not be accepted.

3.2. The Application shall be typed using a 12-point font and single spaced. Each Application shall include all of the information and attachments described in 3.3, below. Failure to include the requested information may have a negative impact on the evaluation of the Applicant’s Application. ADE requests that all Applications be submitted in a single, consecutively numbered, electronic file. The ADE will not provide any reimbursement for the cost of developing in response to this RFGA.

3.3. The Applicant shall include at least the following information:

3.3.1. Table of Contents for entire Application with page numbers

3.3.2. Attachment 1, Grant Application, completed

3.3.3. Attachment 2, Applicant Information, completed

3.3.4. Attachment 3, Narrative Response to Scope of Work, completed

3.3.5. Attachment 4, Experience and Capability, completed

3.3.6. Attachment 5, Proposed Costs and Budget, completed

3.3.7. Attachment 6, Deviations and Exceptions, completed

3.3.8. Attachment 7, Confidential/Proprietary Submittals, completed

3.3.9. Attachment 8, Designation of Confidential, Trade Secret and Proprietary Information, completed

3.3.10. Attachment 9, Participation in Boycott of Israel, completed

3.3.11. Attachment 10, Forced Labor of Ethnic Uyghurs Ban, completed

3.3.12. Other Attachments: As applicable, for example, resumes, and examples of Applicant’s program materials. Other attachments shall not exceed ten (10) pages.

4. Applicants responding to an Application in APP must submit their Applications electronically through APP, exceptions are detailed in Section 4.2 below. Applications shall be submitted by the due date and time stated in the Application. Applications received after the due date and time shall be rejected.

4.1. To submit an Application, Applicants shall register in the Arizona Procurement Portal system as a supplier.

Applicants requiring assistance in the registration process or in navigating the Arizona Procurement Portal system may call the Help Desk at 602-542-7600. Please review the Quick Reference Guides, “New Supplier Registration” and “Submitting an Offer”, available at https://spo.az.gov/app/supplier/QRG.

Applicants with questions in this regard shall contact the Procurement Officer prior to the Application’s due date and time. **Suppliers are required to enter a nominal value of $0.01 or $1.00 in the Unit Price (V) and Amount (V) field boxes. Do not leave the Item (F) blank.

4.2. Exception: State Agencies are not able to set a supplier account in APP, ONLY State Agencies are allowed to submit their Application by emailing the Application to leann.wong@azed.gov.

5. Keep a copy of this solicitation and submitted proposal. If awarded, the Grantee shall be bound to the services listed by the proposal and based upon the solicitation, including all terms, conditions, specifications, amendments, etc.

mailto:leann.wong@azed.gov

TERMS AND CONDITIONS

1. Status Term. The initial term of Status as an ADE Grantee shall commence upon award of and signature by the State Government Administrator, and shall remain in effect until September 30, 2026, unless terminated, canceled, or extended as otherwise provided herein.

2. Option to Renew Status. This Status shall not bind nor purport to bind ADE and the Grantee for any commitment in excess of the original Term. ADE shall have the right, at its sole option, to renew the Status, in additional one

(1) year increments, not to exceed a total Status term of five (5) years. If ADE exercises such rights, all terms, conditions and provisions of the original Status shall remain the same and apply during the option terms.

3. Grant Amendments. Any change in this Status award, including the Scope of Work, shall only be accomplished by a formal, written amendment, signed by the State Government Administrator. Any such amendment shall be within the scope of the Grant and shall specify the change. The Grantee expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts and oral communications by or from any person, shall be used or construed as an amendment to this RFGA.

4. Commencement of Work. Work shall commence on the effective date of this agreement.

5. Cancellation for Conflict of Interest: Pursuant to A.R.S. § 38-511, the State may cancel this Status as an ADE

Grantee within three (3) years after Status execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Status on behalf of the State is or becomes at any time while the Status or an extension of the Status is in effect an employee of or a consultant to any other party to this Grant with respect to the subject matter of the Grant. The cancellation shall be effective when the Grantee receives written notice of the cancellation unless the notice specifies a later time. If the Grantee is a political subdivision of the State, it may also cancel this Grant as provided in A.R.S. § 38-511.

6. Suspension or Debarment Status. If the firm, business or person submitting this Application has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a Grantee with any Federal, State or local government or if any such preclusion from participation from any public procurement activity is currently pending, the Applicant shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Application. The Applicant shall include a letter with its Application setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided. The Application of an Applicant who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall be rejected.

7. Audit. Pursuant to A.R.S. §35-214, at any time during the term of this Grant and five (5) years thereafter, the

Grantee's or any subcontractor's books and records shall be subject to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Grant.

8. Information Disclosure. The Grantee shall establish and maintain procedures and controls that are acceptable to the State for the purpose of assuring that no information contained in its records or obtained from the State or from others in carrying out its functions under the Grant shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Grant. Persons requesting such information should be referred to the State. The Grantee also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Grantee as needed for the performance of duties under the Grant, unless otherwise agreed to in writing by the State.

9. Accounting Requirements. All financial records shall be maintained and expenditures made in accordance with the Generally Accepted Accounting Principles to permit accurate tracking of funds to a level of expenditure adequate to ensure proper use of funds.

10. Financial Management. Grantees receiving Federal funds under this Grant shall comply with 2 CFR 200: “Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”

11. Grant Restrictions. Applicants will provide a copy of all printed or broadcast media or any other educational materials developed using funds awarded under this Grant to ADE. Whenever publicizing the work under this grant the following statement must include: “This project has been funded at least in part with Federal funds from the U.S. Department of Agriculture. The contents of this publication do not necessarily reflect the view or policies of the U.S. Department of Agriculture, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.” ADE has the right to:

11.1. Obtain, reproduce, publish or otherwise use the data first produced under an award; and

11.2. Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.

12. Payment.

Funding will be distributed to Grantees in quarterly payments after submission and approval of invoices.

13. Invoicing: The quarterly invoices must include an invoice number, date, and signature. Invoice numbers cannot be repeated from one quarter to the next. The invoice shall reference the PO number, and include a description and details for the service provided. Invoices must also include the remit address – the name and address the payment goes to, as it appears in APP; and the buyer address – ADE's name and address. The invoices can be emailed to accountspay@azed.gov.

Reference Proposed Costs and Budget table of Attachment 5, any budget line-item changes of 10% or greater need prior approval from ADE.

14. Arizona Substitute/IRS W-9 Form. In order to receive payment the Grantee shall have a current Arizona Substitute W-9 Form on file with the State of Arizona, unless not required by law.

15. Subgrantees. The Grantee shall not enter into any subgrant under this Grant for the performance of this Grant without the advance written approval of the ADE Program Manager and the State Government Administrator.

The Grantee shall clearly list any proposed subgrantees and the subgrantee’s proposed responsibilities. The subgrantee shall incorporate by reference the terms and conditions of this Grant.

16. Licenses. Grantee shall maintain, in current status, all Federal, State and local licenses and permits required for the operation of the business conducted by the Grantee.

17. Federal Procurement Suspension/Debarment. All Applicants, upon submittal and signature of their Application, hereby attest and certify that the company has not been debarred or suspended from Federal procurements.

18. Offshore Performance of Work Prohibited: Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or ‘overhead’ services, redundant back-up services or services that are incidental to the performance of the Grant. This provision applies to work performed by subcontractors at all tiers.

19. Arbitration: The parties to this Grant agree to resolve all disputes arising out of or relating to this Grant through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes (Title 41).

20. Purchase Orders: The Grantee shall, in accordance with all terms and conditions of the Grant, fully perform and shall be obligated to comply with all Purchase Orders received by the Grantee prior to the expiration or termination hereof, unless otherwise directed in writing by the ADE Administrator, including, without limitation, all Purchase Orders received prior to but not fully performed and satisfied at the expiration or termination of this Grant.

21. Pandemic Contractual Performance:

mailto:accountspay@azed.gov

21.1. The State shall require a written plan that illustrates how the Grantee shall perform up to contractual standards in the event of a pandemic. The State may require a copy of the plan at anytime prior or post award of a Grant. At a minimum, the pandemic performance plan shall include:

21.1.1. Key succession and performance planning if there is a sudden significant decrease in Grantee’s workforce.

21.1.2. Alternative methods to ensure there are products in the supply chain.

21.1.3. An up to date list of company contacts and organizational chart.

21.2. In the event of a pandemic, as declared the Governor of Arizona, U.S. Government or the World Health Organization, which makes performance of any term under this Grant impossible or impracticable, the State shall have the following rights:

21.2.1. After the official declaration of a pandemic, the State may temporarily void the Grant(s) in whole or specific sections, if the Grantee cannot perform to the standards agreed upon in the initial terms.

21.2.2. The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the Director as per A.R.S. 41-2537 of the Arizona Procurement Code.

21.2.3. Once the pandemic is officially declared over and/or the Grantee can demonstrate the ability to perform, the State, at its sole discretion, may reinstate the temporarily voided Grant(s).

21.3. The State, at any time, may request to see a copy of the written plan from the Grantee. The Grantee shall produce the written plan within seventy-two (72) hours of the request.

22. Grant Termination:

22.1. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this Grant within three (3) years after Grant execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Grant on behalf of the State is or becomes at any time while the Grant or an extension of the Grant is in effect an employee of or a consultant to any other party to this Grant with respect to the subject matter of the Grant. The cancellation shall be effective when the Grantee receives written notice of the cancellation unless the notice specifies a later time. If the Grantee is a political subdivision of the State, it may also cancel this Grant as provided in A.R.S. § 38-511.

22.2. Gratuities. The State may, by written notice, terminate this Grant, in whole or in part, if the State determines that employment or a Gratuity was Offered or made by the Grantee or a representative of the Grantee to any officer or employee of the State for the purpose of influencing the outcome of the procurement or securing the Grant, an amendment to the Grant, or favorable treatment concerning the Grant, including the making of any determination or decision about Grant performance. The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity Offered by the Grantee.

22.3. Suspension or Debarment. The State may, by written notice to the Grantee, immediately terminate this

Grant if the State determines that the Grantee has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. Submittal of an Offer or execution of a Grant shall attest that the Grantee is not currently suspended or debarred. If the Grantee becomes suspended or debarred, the Grantee shall immediately notify the State.

22.4. Termination for Convenience. The State reserves the right to terminate the Grant, in whole or in part at any time, when in the best interests of the State without penalty or recourse. Upon receipt of the written notice, the Grantee shall stop all work, as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the State. In the event of termination under this paragraph, all documents, data and reports prepared by the Grantee under the Grant shall become the property of and be delivered to the State upon demand. The Grantee shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination. The cost principles and procedures provided in A.A.C. R2-7-701 shall apply.

22.5. Termination for Default.

22.5.1. In addition to the rights reserved in the Grant, the State may terminate the Grant in whole or in part due to the failure of the Grantee to comply with any term or condition of the Grant, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Grant. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Grantee.

22.5.2. Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Grantee under the Grant shall become the property of and be delivered to the State on demand.

22.5.3. The State may, upon termination of this Grant, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Grant. The Grantee shall be liable to the State for any excess costs incurred by the State in procuring materials or services in substitution for those due from the Grantee.

22.5.4 Continuation of Performance through Termination. The Grantee shall continue to perform, in accordance with the requirements of the Grant, up to the date of termination, as directed in the termination notice.

23. Non-Discrimination: The Grantee shall comply with State Executive Order No. 2009-09 and all other applicable

Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

24. Assurance of Civil Rights Compliance for Child Nutrition and Food Distribution Programs:The Grantee hereby agrees that it will comply with: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C.

12131-12189); vi. Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000); vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.); viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3); ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA;

and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement. x.

The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

24.1. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

24.2. By accepting this assurance, the Grantee agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Grantee, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA.

25. Federal Immigration and Nationality Act: The Grantee shall comply with all federal, state and local immigration laws and regulations relating to the immigration status of their employees during the term of the Grant. Further, the Grantee shall flow down this requirement to all subcontractors utilized during the term of the Grant. The State shall retain the right to perform random audits of Grantee and subcontractor records or to inspect papers of any employee thereof to ensure compliance. Should the State determine that the Grantee and/or any subcontractors be found noncompliant, the State may pursue all remedies allowed by law, including, but not limited to; suspension of work, termination of the Grant for default and suspension and/or debarment of the Grantee.

26. E-Verify Requirements: In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23- 214, Subsection A.

27. The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282, as amended by section 6202(a) of P.L. 110-252), found at https://www.fsrs.gov/.

If applicable, the Applicant/Grantee shall submit to ADE via email any reporting required by the Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282, as amended by section 6202(a) of P.L. 110-252), to ADE at Procurementinbox@azed.gov. Failure to timely submit the required reporting information could result in the loss of funds. This requirement applies to all subcontractors/sub-awardees utilized by the Applicant/Grantee for amounts exceeding $30,000.00 during the term of the Award.

28. Participation in Boycott of Israel

Applicant warrants it is not engaged in a boycott of Israel as defined by A.R.S. § 35-393.01.

29. Indemnification Clause

To the fullest extent permitted by law, Applicant shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Applicant or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Applicant to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Applicant from and against any and all claims. It is agreed that Applicant will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Applicant agrees to waive all rights of subrogation against the State of Arizona, its officers, https://www.fsrs.gov/ file://FILEI/INFO/Procurement/FY%202017%20Solicitations/ADED17-00006814%20Code%20Writers/ProcureAZ%20Documents/Procurementinbox@azed.gov officials, agents, and employees for losses arising from the work performed by the Applicant for the State of Arizona.

This indemnity shall not apply if the Applicant or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

30. Insurance Requirements

30.1. Applicant and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Applicant, its agents, representatives, employees or subcontractors.

30.2. The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Applicant from liabilities that arise out of the performance of the work under this Contract by the Applicant, its agents, representatives, employees or subgrantees, and the Applicant is free to purchase additional insurance.

30.2.1 Minimum Scope and Limits of Insurance

Applicant shall provide coverage with limits of liability not less than those stated below.

30.2.1.1Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $50,000 Each Occurrence $1,000,000

30.2.1.1.1 The policy shall include coverage for Sexual Abuse and Molestation (SAM). This coverage may be sub-limited to no less than $500,000. The limits may be included within the General Liability limit or provided by separate endorsement with its own dedicated limits. If you are unable to obtain SAM coverage under your General Liability because the insurance market will not support it, it should it be included with the Professional Liability.

30.2.1.1.2 Defense Costs should not erode the policy limits, also known as “defense outside the limits.”

30.2.1.1.3 Contractor must provide the following statement on their Certificate(s) of Insurance: “Sexual Abuse and Molestation coverage is included” or “Sexual Abuse and Molestation coverage is not excluded.”

30.2.1.1.4 The policy shall be endorsed, as required by this written agreement, to include the

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

30.2.1.1.5 Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

30.2.1.2 Workers’ Compensation and Employers' Liability

Workers' Compensation Employers' Liability

Statutory

Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

30.2.1.2.1 Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Applicant.

30.2.1.2.2 This requirement shall not apply to each Applicant or subcontractor that is exempt under A.R.S. § 23-901, and when such Applicant or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

30.3 Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

30.3.1 The Applicant's policies, as applicable, shall stipulate that the insurance afforded the

Applicant shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

30.3.2 Insurance provided by the Applicant shall not limit the Applicant’s liability assumed under the indemnification provisions of this Contract.

30.4 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Applicant’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona, Arizona Department of Education, 1535 W. Jefferson Ave, Bin 37, Phoenix, AZ 85007. Within two (2) business days of receipt, Applicant must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

30.5 Acceptability of Insurers

Applicant’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Applicant from potential insurer insolvency.

30.6 Verification of Coverage

Applicant shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Applicant has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

30.6.1 All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

30.6.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

30.6.3 All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

30.7 Subgrantees

Applicant’s certificate(s) shall include all subgrantees as insureds under its policies or Applicant shall be responsible for ensuring and/or verifying that all subgrantees have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subgrantee. All coverages for subgrantees shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Applicant that its subgrantees have the required coverage.

30.8 Approval and Modifications

The Contracting Agency, in consultation with State Risk,…