BPM007126 RFGA Character Education Requirements Document.pdf

REQUEST FOR PROPOSAL

Solicitation Number: BPM007126

Solicitation Due Date / Time: September 24, 2025 Time (Local Time): 3:00 PM MST

Submittal Location: https://appstate.az.gov

Description of Procurement: Character Education Program Instruction Grant

In accordance with A.R.S. § 41-2534, competitive sealed applications for the services specified will be received by the Arizona Department of Education (ADE) online in the State of Arizona’s online procurement system, the Arizona Procurement Portal (APP) https://appstate.az.gov. Applications received by the due date and time will be opened. The name of each Offeror will be publicly available. Applications must be submitted in the APP system 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 web site for Solicitation Amendments. Additional instructions for preparing an Offer 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.

To submit an Application, Offerors shall register in the Arizona Procurement Portal system. Offerors requiring assistance in the registration process or in navigating the Arizona Procurement Portal system may call the Help Desk at 602-542-7600.

APPLICANTS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION.

Grant Solicitation Contact Person:

Sophia Clavery Name

(602) 542-1332 Telephone

Sophia.clavery@azed.gov Email Address https://appstate.az.gov/ https://appstate.az.gov/ mailto:Sophia.clavery@azed.gov

TABLE OF CONTENTS

RFGA NO. BPM007126

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:

The purpose of this RFGA is to provide preapproved character education providers of proven and effective programs. This RFGA is being issued pursuant to A.R.S. § 15-719 (F) through (I), which states:

F. A character education special plate fund is established consisting of monies received pursuant to § 28-

2421. The department of education shall administer the fund. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. Monies from the fund shall be annually distributed by the department by July 1.

G. The character education and development division at the department of education shall allocate monies through at least two but no more than four private character education foundations that are incorporated nonprofit corporations in this state and that are qualified under § 501(c)(3) of the United States internal revenue code 1 for federal income tax purposes. The director of the character education and development division at the department of education shall select private character education foundations that provide character education programs that demonstrate proven and effective research based curriculum and training to receive monies from the character education special plate fund.

H. On notice from the department of education, the state treasurer shall invest and divest monies in the fund as provided by § 35-313, and monies earned from investment shall be credited to the fund.

I. Monies in the fund are exempt from the provisions of § 35-190 relating to lapsing of appropriations.

2. What is the Funding Source for this Grant?

2.1 The Character Education Program Instruction Grant is funded through A.R.S. § 28-2402, and is allocated pursuant to A.R.S. 15-719.

3. What is the Total Amount of Available Funds?

3.1 The amount of funds are not known at the beginning of each year and are dependent on the monies received pursuant to A.R.S. § 28-2402 and A.R.S. § 15-719. Funds accrue periodically throughout the year.

4. What are the Program Goals?

4.1 The goal of the Character Education Program Instruction Grant, as set forth in A.R.S. § 15-719, is to assist

LEAs to provide instruction on character development. A.R.S. § 15-719 (A) and (B) states:

A. Each common, high and unified school district and charter school may provide instruction to kindergarten programs through the twelfth grade on character development.

B. Each district may develop its own course of study for each grade. At a minimum, the character education program must include:

1. Instruction in the definition and application of at least six of the following character traits:

truthfulness, responsibility, compassion, diligence, sincerity, trustworthiness, respect, attentiveness, obedience, orderliness, forgiveness, virtue, fairness, caring, citizenship and integrity.

2. The use of activities, discussions and visual media and literacy presentations to illustrate and reinforce the application of the character traits.

3. Presentations by teachers or mentors who demonstrate the character traits.

Grantees under the Character Education Program Instruction Grant will assist LEAs in meeting this obligation by providing “character education programs that demonstrate proven and effective research based curriculum and training” pursuant to A.R.S. § 15-719 (G).

5. What Will Be Funded With This Grant Application?

This Grant will fund at least two but no more than four private character education foundations that are incorporated nonprofit corporations in this state and that are qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. These private character education foundations shall provide character education programs that demonstrate proven and effective research based curriculum and training.

INSTRUCTIONS

SPECIAL INSTRUCTIONS TO APPLICANTS

1. Application Opening:

Applicants responding to a solicitation in APP must submit their Applications electronically through APP.

Applications shall be received before the due date and time stated in the solicitation. Applications submitted outside of APP or those that are received after the due date and time shall be rejected.

2. Evaluation Criteria:

Applications for the Character Education Program Instruction Grant will be evaluated pursuant to the requirements of A.R.S. §15-719. The evaluation criteria are listed in the relative order of importance and are based on the following:

2.1. Experience/expertise/reliability and qualifications based on the Applicant Capability narrative, background, history, track record, program effectiveness, staff resumes, letters of reference, and letters of support.

Ability to perform services as reflected by availability and suitability of staff resources.

2.2. Method of Approach as it relates to each of the Scope of Work requirements.

2.3. Conformance to all other RFGA requirements and conditions.

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.

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 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.

6. Multiple Awards:

ADE reserves the right to award pre-approved provider status to multiple Applicants.

7. Collaborative Partnerships within Program Areas:

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.

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

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

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

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

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

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

Grant.

2.7. "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 in the APP e-procurement system in an acceptable format. Submission of Applications by means other than the APP system will not be accepted. Applicants with questions in this regard shall contact the Procurement Officer prior to the Application’s due date and time. Please review the Quick Reference Guide, “Submitting an Offer”, available at https://spo.az.gov/app/supplier/QRG for additional information.

Acceptable formats include .doc document (MicrosoftWord 2000, XP, or 2003), xls spreadsheet (Microsoft Excel 2000, XP, or 2003) and .pdf (Adobe Acrobat portable documents format).

3.2. The narrative responses 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, Applicant’s Key Personnel, completed

3.3.5. Attachment 4, Applicant’s Experience, completed

3.3.6. Attachment 5, Questionnaire, completed

https://spo.az.gov/app/supplier/QRG

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

4. Applicants responding to a solicitation in APP must submit their Applications electronically through APP.

Applications shall be received before the due date and time stated in the solicitation. Applications submitted outside of APP or those that are received after the due date and time shall be rejected.

4.1 To submit an Offer, Offerors shall register in the Arizona Procurement Portal system. Offerors requiring assistance in the registration process or in navigating the Arizona Procurement Portal system may call the Help Desk at 602-542-7600. **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.

5. ADE may conduct discussions and suggest changes to the Applications. If discussions are conducted, Applicants will be invited to modify their Applications. The State of Arizona reserves the right to reject applications for pre-approved provider status.

6. 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.

TERMS AND CONDITIONS

1. Status Term. The initial term of Status as an ADE Character Education Program Instruction Grantee shall commence upon award of and signature by the State Government Administrator, and shall remain in effect until July 1, 2021 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 Character Education Program Instruction Grant pursuant to A.R.S. § 15-719 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. Key Personnel. It is essential the Grantee provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of work performed under the Character Education Program Instruction Grant. The Grantee must assign specific individuals to key positions of responsibility (Attachment 3). Once assigned to work under this Grant, Key Personnel shall not be removed or replaced without prior notification to the ADE Program Manager.

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

7. 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.

8. Availability of Funds for the Next Fiscal Year. Funds may not presently be available for performance under the Character Education Program Instruction Grant beyond the current fiscal year. No legal liability on the part of the State for any payment may arise under this Grant beyond the current fiscal year until funds are made available for performance of this Grant. The State shall make reasonable efforts to secure such funds.

9. 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.

10. 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.

11. 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.

12. Financial Management.

Federal Funding. Grantees receiving Federal funds under this Grant shall comply with the certified finance and compliance audit provision of the Office of Management and Budget (OMB) Circular A-133, if applicable.

State Funding. Grantees receiving State funds under this Grant shall comply with the certified Compliance provisions of A.R.S. §35-181.03.

13. 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 the ADE Program Manager for approval. Media and/or printed educational materials will adhere to the required wording as follows: “Funded in part by the Arizona Department of Education.”

14. Payment. Monies in the fund shall be transferred monthly to ADE based on license plate sales, and ADE shall distribute the available monies in the fund on a quarterly basis. After the third transfer per quarter the organizations will be notified the amount they will receive, broken down by month, so that they can submit an invoice for payment. This will serve as a check that all 12 months are covered each year.

15. Invoicing: Invoices must include an invoice number and date, and a signature. Invoice numbers cannot be repeated from one month to the next or one year to the next. 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.

They can be e-mailed to accountspay@azed.gov and schoolsafety.socialwellness@azed.gov .

Invoices also need the contract number and PO number, along with a description and details. The billing description and details can be copied from the e-mail that is sent with three monthly charges and a total. A single line for “Character Ed License Plate Fund” and the quarter with the total amount and the e-mail that was sent with details is also acceptable for that portion.

16. 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.

17. Subcontracts. The Grantee shall not enter into any subcontract under this Grant for the performance of this

Grant without the advance written approval of the ADE Program Manager and the State Government mailto:accountspay@azed.gov mailto:schoolsafety.socialwellness@azed.gov

Administrator. The Grantee shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities. The subcontract shall incorporate by reference the terms and conditions of this Grant.

18. 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.

19. 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.

20. 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.

21. 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).

22. 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.

23. Pandemic Contractual Performance:

23.1. 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:

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

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

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

23.2. 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:

23.2.1. 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.

23.2.2. 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.

23.2.3. 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).

23.3. 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.

24. Grant Termination:

24.1. 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.

24.2. 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.

24.3. 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.

24.4. 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.

24.5. Termination for Default.

24.5.1. 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.

24.5.2. 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.

24.5.3. 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.

24.6. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. Participation in Forced Labor of Ethnic Uyghurs Ban

Applicant warrants that it is in compliance with the A.R.S. § 35-394.

31. 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, 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.

https://www.fsrs.gov/ file://FILEI/INFO/Procurement/FY%202017%20Solicitations/ADED17-00006814%20Code%20Writers/ProcureAZ%20Documents/Procurementinbox@azed.gov

32. 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.

32.1.1. 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 subcontractors, and the Applicant is free to purchase additional insurance.

32.2. Minimum Scope and Limits of Insurance

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

32.2.1. Commercial General Liability (CGL) – Occurrence Form

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

General Aggregate $1,000,000 Products – Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Damage to Rented Premises $25,000 Each Occurrence $500,000

a. The policy shall include coverage for Sexual Abuse and Molestation (SAM). This coverage may be sub-limited to no less than $250,000. 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.

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

c. 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.”

d. 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.

e. 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.

32.2.2. Workers’ Compensation and Employers' Liability

Workers' Compensation Statutory Employers' Liability

Each Accident $500,000 Disease – Each Employee $500,000 Disease – Policy Limit $500,000

a. 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.

b. 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).

32.3. Additional Insurance Requirements

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

32.3.1. 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).

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

32.4. 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).

32.5. 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.

32.6. 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.

32.6.1. 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.

32.6.2. 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.

32.6.3. 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.

32.7. Subcontractors

Applicant’s certificate(s) shall include all subcontractors as insureds under its policies or Applicant shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor.

All coverages for subcontractors 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 subcontractors have the required coverage.

32.8. Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

32.9. Exceptions

In the event the Applicant or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Applicant or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

SCOPE OF WORK

Character Education Program Instruction Grant

1. BACKGROUND

1.1. The Character Education Program Instruction Grant was created pursuant to A.R.S. 15-719, which states in relevant part:

A. Each common, high and unified school district and charter school may provide instruction to kindergarten programs through the twelfth grade on character development.

B. Each district may develop its own course of study for each grade. At a minimum, the character education program must include:

1. Instruction in the definition and application of at least six of the following character traits:

2. The use of activities, discussions and visual media and literacy presentations to illustrate and reinforce the application of the character traits.

3. Presentations by teachers or mentors who demonstrate the character traits.

C. At the request of the school district or charter school, the department of education may certify that the school district or charter school has a character development instruction program that meets all of the requirements in subsection B of this section.

D. Parents may elect for their child not to participate in the program.

E. The school district or charter school may accept donations or charge fees for the program if the program is not offered during regular school hours.

F. A character education special plate fund is established consisting of monies received pursuant to section 28-2421. The department of education shall administer the fund. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. Monies from the fund shall be annually distributed by the department by July 1.

G. The character education and development division at the department of education shall allocate monies through at least two but no more than four private character education foundations that are incorporated nonprofit corporations in this state and that are qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. The director of the character education and development division at the department of education shall select private character education foundations that provide character education programs that demonstrate proven and effective research based curriculum and training to receive monies from the character education special plate fund.

2. OBJECTIVE

2.1. To provide character education programs that demonstrate proven and effective research based curriculum and training that will assist LEAs in meeting the requirements of A.R.S. § 15-719.

3. SCOPE OF SERVICES

Grantee shall:

3.1. Be a private character education foundation that is an incorporated nonprofit corporation in this state and that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.

3.2. Provide character education programs that demonstrate proven and effective research based curriculum and training.

3.2.1 Grantee’s proven and effective research based curriculum and training shall assist LEAs with meeting their requirements under A.R.S. § 15-719, and specifically with meeting the following elements:

3.2.1.1 Instruction in the definition and application of at least six of the following character traits:

3.2.1.2 The use of activities, discussions, and visual media and literacy presentations to illustrate and reinforce the application of the character traits.

3.2.1.3 Presentations by teachers or mentors who demonstrate the character traits.

4 DELIVERABLES

4.1. Contractor shall prepare an annual report including:

4.1.1. A list of school districts and charter schools that benefited from character education curriculum and training from July 1 through June 30 of each contract year.

4.1.2. Description of curriculum and training provided to those schools, who participated, and outcomes.

4.1.3. All evaluation tools and reports used by the organization showing the effectiveness of instruction on character traits.

4.1.4. An action plan for continuing and improving the programs being offered along with any new programs being considered.

4.1.5. The annual report shall be completed and provided to the Arizona Department of Education by July

31 of each year and shall cover all activities for the contract year.

4.1.6. Reports shall be sent electronically to both procurementinbox@azed.gov and Mila.Makal@azed.gov

Character Education Director, Mila Makal.

5 NOTICES, CORRESPONDENCE, REPORTS AND INVOICES:

Notices, Correspondence, Reports from the Grantee to the ADE shall be sent to:

Arizona Department of Education Character Education 1535 W. Jefferson St., Bin #29 Phoenix AZ 85007 Telephone: 602-542-8728 Email: Mila.Makal@azed.gov

Invoices from the Grantee to the ADE shall be sent to:

Arizona Department of Education Accounts Payables mailto:procurementinbox@azed.gov mailto:Mila.Makal@azed.gov mailto:Mila.Makal@azed.gov

1535 W. Jefferson St., Bin #1 Phoenix AZ 85007 Telephone: 602-542-3571 Email: accountspay@azed.gov and Mila.makal@azed.gov

Invoices must include an invoice number and date, and a signature. Invoice numbers cannot be repeated from one month to the next or one year to the next. 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. They can be e-mailed to accountspay@azed.gov and Mila.makal@azed.gov .

Invoices also need the contract number and PO number, along with a description and details. The billing description and details can be copied from the e-mail that is sent with three monthly charges and a total. A single line for “Character Ed License Plate Fund” and the quarter with the total amount and the e-mail that was sent with details is also acceptable for that portion.

mailto:accountspay@azed.gov mailto:Mila.makal@azed.gov mailto:accountspay@azed.gov mailto:Mila.makal@azed.gov

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.